2016 Criminal Law, Q1

Explain the application of the Indeterminate Sentence Law (ISL). (5%)

Quick check

What is the primary statutory purpose of applying the Indeterminate Sentence Law under Act 4103?

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

How is the minimum term of an indeterminate sentence fixed for an offense under a special penal law?

Which of the following convicts is EXCLUDED from the coverage of the Indeterminate Sentence Law under Act 4103?

What penalty must the trial court impose when the Indeterminate Sentence Law is inapplicable to a criminal conviction?

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1. ISL General Application
Under Act No. 4103, as amended, the Indeterminate Sentence Law applies to offenses punishable under the Revised Penal Code and special penal laws. The primary purpose of fixing an indeterminate sentence is to avoid prolonged imprisonment and encourage the reformation of convicts by allowing their early release on parole once the minimum term is served. The court is mandated to fix a minimum term during which the prisoner cannot be released on parole and a maximum term which defines the absolute limit of imprisonment.

2. RPC Special Laws
For offenses punishable under the Revised Penal Code, the maximum term of the indeterminate sentence is determined by taking into account all attending mitigating and aggravating circumstances under Article 64, while the minimum term is fixed within the range of the penalty next lower in degree. In contrast, for crimes punished by special penal laws, the maximum term cannot exceed the statutory maximum prescribed by law, and the minimum term cannot be less than the statutory minimum.

3. Inapplicability Exceptions
The Indeterminate Sentence Law does not apply to all criminal convictions. Under Section 2 of Act No. 4103, ISL is expressly inapplicable to persons convicted of offenses punished with death or reclusion perpetua, habitual delinquents, persons who escaped from confinement or evaded sentence, those granted conditional pardon who violated its terms, and convicts whose maximum term of imprisonment does not exceed one year. In such excluded cases, the trial court must impose a straight penalty.

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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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