2010 Criminal Law, Q1

An agonizing and protracted trial having come to a close, the judge found A guilty beyond reasonable doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and ONE (1) DAY of prision mayor.
The public prosecutor objected to the sentence on the ground that the proper penalty should have been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal.
The defense counsel chimed in, contending that application of the Indeterminate Sentence Law should lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE (1) DAY of prision correccional only. Who of the three is on the right track? Explain. (3%)

Quick check

What is the general mandate of the Indeterminate Sentence Law (Act No. 4103) when imposing a prison sentence exceeding one year?

How is the maximum term of an indeterminate sentence determined for a felony punishable under the Revised Penal Code?

Where is the minimum term of an indeterminate sentence taken for a felony under the Revised Penal Code?

Why are straight penalties prohibited when the Indeterminate Sentence Law applies?

Which of the following convicts is disqualified from enjoying the benefits of the Indeterminate Sentence Law under Section 2 of Act No. 4103?

Learn more about these topics

1. Indeterminate Sentence Law
Under Section 1 of Act No. 4103, as amended, otherwise known as the Indeterminate Sentence Law, courts are mandated to fix an indeterminate sentence consisting of a minimum term and a maximum term whenever an accused is convicted of an offense punishable by an imposable imprisonment exceeding one year, provided the accused does not fall under any of the disqualifications enumerated in Section 2. The imposition of a straight penalty in cases covered by the law is a clear violation of statutory mandate and constitutes reversible error.

2. Computation of Penalty
In applying the Indeterminate Sentence Law for offenses penalized under the Revised Penal Code, the maximum term of the penalty is fixed by applying the rules of the Code taking into consideration any attending mitigating or aggravating circumstances. Meanwhile, the minimum term is taken from anywhere within the range of the penalty next lower in degree to that prescribed by the Code for the felony, regardless of attending modifying circumstances.

3. Straight Penalty Prohibition
A straight penalty consists of a fixed, definite term of imprisonment without a minimum or maximum range. Imposing a straight penalty when the law requires an indeterminate sentence deprives the convict of the statutory privilege of parole eligibility upon serving the minimum period. Thus, proposals by trial judges, prosecutors, or defense counsel advocating for a straight penalty when the Indeterminate Sentence Law applies are contrary to established penal law and jurisprudence.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026