ACT 4103:INDETERMINATE SENTENCE LAW Periods:

None: Medium
ISLAW - not a penal statute, does not punish Mitigating: Minimum
Aggravating: Maximum
PURPOSE OF ISLAW EXAMPLE: Homicide – Reclusion Temporal:
- Decongestion of jails 12 years and 1 day – 20 years
- Better rehabilitation
A. No attending circumstance –
T/F. Mandatory when person is convicted? - Max: RT medium
- False. There are exceptions to the application of - Min: PM any
ISLAW
B. 1 mitigating circumstance
EXCEPTIONS: - Max: RT minimum
1. Those sentenced with a penalty of death, RP, LI - Min: PM any
2. Those convicted of treason, conspiracy,
proposal to commit treason C. 2 mitigating circumstance
3. Those convicted of misprision of treason, - Max: PM med
sedition, rebellion or espionage - Min: PM any + should be less than Max
4. Those convicted of piracy (To avoid grave abuse of discretion)
5. If offender is a habitual delinquent
6. Those who escaped prison/ evaded sentence BAR ANSWER: What will be proper penalty?
7. Those who violated terms of conditional - PM Med and PC any – Jurisprudence
pardon
8. Where the maximum term of imprisonment Alternative answer:
DOES NOT exceed 1yr IF privileged mitigating circumstance
9. If convicted by final judgement at time of - Max: PC med
effectivity of ISLAW - Min:
10. If penalized with suspension or destierro
11. If application of law will result to absurdity PMC rule:
- Max: 1 degree lower = PC med
FIRST RULE WE NEED TO KNOW TO APPLY ISLAW: - Min: PM any (1 degree lower than RT)
1. WON crime is punishable by RPC or Special = Impose straight penalty. ISL should not be
Penal Law applied if result to absurdity

SPECIAL PENAL LAW WHY?

Rule: Check first if it uses or borrowed nomenclature found • 1 degree lower of RT is PM we can’t enforce PM
in the RPC. If it does, we follow RPC rule rather than SPL maximum because higher than PM med, PM
rule. Only when it provides for a minimum maximum period minimum only because it is only period that can be
then SPL rule be applicable. imposed

SPL RULE – If the special penal law prescribes 5-10 years, Why not PM med as minimum penalty? Why can’t max
any period between this will be acceptable. Minimum not and min be both PM med?
lower than 5 and maximum not greater than 10. As long as • Cannot be same period not bec. It is not a straight
it is within period provided then it is allowed. Maximum penalty
penalty imposed not exceed the max provided by that SPL ✓ Lose essence of ISLAW – you want difference
Minimum penalty should not fall below the minimum between max and min penalty
provided by that SPL. ✓ If same period you rather apply straight
penalty than ISLAW
IF SPL using penalty provided under RPC or crime • As long as it is lower than the ISL Max imposed.
punishable under RPC then rule is: • While ISL minimum is left by law to the sound
1. Determining maximum: Consider attending discretion of court, it can be anywhere within the
mitigating or aggravating circumstance; look at range of the penalty next lower, it will be grave
that prescribed by Court abuse of discretion on the part of the court if the
2. Minimum penalty – 1 degree lower than that ISL Minimum fixed is higher than ISL Maximum.
prescribed by RPC (not imposable penalty) at the • Can be PM med as long as less than ISL
discretion of court for the specific period and never Maximum
considering any circumstances
D. 1 mitigating, 1 aggravating – OFFSET
SC: Some will go to extent and say well this interpretation
is more favorable to the convict, therefore, since E. 1 aggravating
interpretation should be favorable to the accused. - Max: RT max
Counter argument: - Min: PM any
1. ISL clear no doubt no interpretation
2. That ISL is not a penal law, you only apply F. 2 aggravating
favorable to accused in penal laws. - you can only go up by periods
 - cannot impose a greater penalty than prescribed - Absolute release
by law - If you applied for parole – denied; did not apply for
parole – you will be set free no matter what.
G. 3 mitigating, 1 aggravating
- Before 2 or more MC will be considered a PMC, Why is there a minimum?
there should be no AC. If there is AC, even if you - Conditional release
have 10 MC – you cannot go down 1 degree ever. - To determine if eligible for parole
- Max: RT min
- Min: PM any DECISION: So and so is hereby found guilty of crime of
Homicide and impose a penalty of PM in any of its period
Difference between 1 MC and 3 MC-1AC as minimum and RT in its medium as maximum. Is that
BOTH: Max: RT min; Min: PM any correct?
Diff: It depends on discretion of the court. If court thinks you - NO. Not specific
have lot of MC, they may lower PM any for you to be - So and so is hereby found guilty beyond
qualified for parole. reasonable doubt of crime of Homicide and
impose a penalty of 6years and 1 day of PM as
Article 64. Rules for the application of penalties which minimum up to 12 years of RT as maximum.
contain three periods. - In cases in which the penalties *** You do not provide period. You give the year.
prescribed by law contain three periods, whether it be a
single divisible penalty or composed of three different ???? Prision mayor medium to Prision mayor maximum.
penalties, each one of which forms a period in accordance - From 8y 1d to 12y.
with the provisions of Articles 76 and 77, the court shall - Divide it by 3
observe for the application of the penalty the following rules, - HOW: 12y-8y = 4y convert to mos = 48 mos/3 =
according to whether there are or are not mitigating or 16 months
aggravating circumstances: -
1. When there are neither aggravating nor No attending circumstance
mitigating circumstances, they shall impose the 3 periods in this case.
penalty prescribed by law in its medium period.
2. When only a mitigating circumstances is MAXIMUM:
present in the commission of the act, they shall Max: From 10y 8m to 12y
impose the penalty in its minimum period. Min: From 8y and 1d to 9y 4m
3. When an aggravating circumstance is present Med: 9y 4m 1d to 10y 8m
in the commission of the act, they shall impose the
penalty in its maximum period. MINIMUM: 1 degree is 2 periods lower
4. When both mitigating and aggravating PC max to PM minimum
circumstances are present, the court shall
reasonably offset those of one class against the
other according to their relative weight. RA 10707: PROBATION LAW
5. When there are two or more mitigating
circumstances and no aggravating WHAT IS PROBATION
circumstances are present, the court shall • A disposition under which a defendant, after conviction
impose the penalty next lower to that and sentence, is released subject to conditions
prescribed by law, in the period that it may imposed by the court and to the supervision of a
deem applicable, according to the number and probation officer.
nature of such circumstances. • It is a privilege granted to an accused after conviction
6. Whatever may be the number and nature of the for his release from imprisonment subject to conditions
aggravating circumstances, the courts shall not imposed by the Court and Probation Officer.
impose a greater penalty than that prescribed by
law, in its maximum period. Petition must be filed:
7. Within the limits of each period, the court shall - directly with the Court which sentenced the
determine the extent of the penalty according to accused
the number and nature of the aggravating and
- w/in 15 days FROM date of promulgation of the
mitigating circumstances and the greater and
decision convicting the accused (within the period
lesser extent of the evil produced by the crime.
to appeal)
Why do we need all of these? Otherwise:
So you will know when person will be eligible for Parole - the judgment shall become final and
- the accused shall be deemed to have waived his
What is Parole? right to probation
PAROLE - conditional release of the offender from the
correctional institution after serving minimum sentence Who are entitled to probation?
showing that he has reformed. Serve remaining outside - Those who are not disqualified by law.
with conditions. Once you violate: Court order arrest and
then serve the remaining sentence T/F. Only those whose penalty does not exceed 6 years
are entitled to probation?
Why is there a maximum? - False. There are other cases entitled to probation
 HOW LONG WILL YOU BE ON PROBATION
WHO ARE QUALIFIED – Those not disqualified
DISQUALIFIED OFFENDERS: If one were granted probation, how long should he be
1) Those sentenced to serve a maximum term of on probation?
imprisonment of more than 6 yrs; Period of Imprisonment Duration of Probation
2) Those convicted of any crime against the national Not more than 1 year Not exceeding 2 years
security; 1 – 6 years Not exceeding 6 years
3) Those who have previously been convicted by final Sentence imposed is a fine Twice the total number of days
judgment of an offense punished by imprisonment of only and offender is made to of subsidiary imprisonment as
more than 6m 1d and/or a fine of more than P1,000.00 serve subsidiary imprisonment computed under Art. 39
4) Those who have been once on probation in case of insolvency
5) Those who are already serving sentence at the time
the substantive provisions of this Decree became
applicable. What if one files appeal on 2 grounds:
6) Those who have perfected an appeal 1) he is innocent of crime,
7) Those convicted of Dangerous Drugs Act of 2002 2) if guilty, penalty is wrong because it should only be
8) Those convicted of violation of election laws. this much which is probationable, will appeal exception
9) Those entitled to benefits under Child and Youth apply?
Welfare Code - No. It is against the spirit of the law. The appeal
10) Those who have committed crimes against public must not question the conviction itself.
order
11) Offenders against AMLA What if the appeal is for reduction of an already
12) Those convicted of Torture probationable offense, will appeal exception apply?
13) If probation does not serve the ends of justice - No. Exemption is only for appeals of non-
probationable offense with sole prayer to reduce
PERIOD TO FILE APPLICATION to probationable
• Must be filed within the period for perfecting an appeal
Example: In a case where the convict appealed to What happens when one files an appeal questioning
lower the penalty to “qualify for probation,” such period the conviction and then withdraws it, then files for
for appeal had passed, that is, the RTC’s decision had probation. Is he still entitled?
attained finality. His attempt at probation was too late • A convicted and he filed appeal on the 5 th day, 6th
as he filed before the finality of the judgment day withdrew appeal. Can you still apply for
probation?
LEGAL EFFECT OF FILING OF PETITION FOR - Yes. Appeal not yet perfected
PROBATION: - No definitive answer yet. 2 schools of thought:
• Upon filing, the court shall suspend the execution of 1) One can, because withdrawal of appeal amounts
sentence. to no appeal.
• Filing of a petition for probation shall be deemed a 2) Others say no, because law says perfection of
waiver of the right to appeal appeal is disqualification for probation.
- In case an appeal is already filed, filing such
petition shall be deemed a withdrawal of the Should we wait for 15 days? Does that make him
appeal. disqualified for probation?
• Conviction subsists and remains totally unaffected - No. They are still eligible within the reglamentary
notwithstanding the grant of probation period of 15 days, if withdraw may still be eligible
for probation
APPEAL - Once you file an appeal; modify decision – still
EFFECT OF FILING OF PETITION FOR PROBATION: allowed for probation
1) Upon filing, the court shall suspend the
execution of sentence. When do you say you have perfected an appeal?
2) Filing of a petition for probation shall be deemed - Criminal procedure – NO ANSWER
a waiver of the right to appeal
- In case an appeal is already filed, filing such What will happen if probation is granted?
petition shall be deemed a withdrawal of the - Issuance of probation order. Grant of probation
appeal. suspends the sentence.

T/F. If one will file an appeal within the reglamentary Aside from the period of probation, what else can the
period, he is automatically disqualified for probation? judge do?
- False. As a rule, no application shall be - Impose other conditions of probation.
entertained if accused has perfected appeal,
except when the appeal solely prays for the CONDITIONS
reduction of the penalty to a probationable “MANDATORY” CONDITIONS OF PROBATION
one, and does not include questioning the 1. To present himself to the probation officer within
conviction altogether. This is already included in 72 hours from receipt of said order and
Sec 1 of RA 10707 which amended PD 968. 2. to report to the probation officer at least once a
month during the period of probation.
 revoking the grant of probation or modifying the
“OTHER” CONDITIONS OF PROBATION aka BE A terms and conditions thereof shall not be
GOOD CITIZEN OF THE PHILIPPINES appealable
1. Cooperate with a program of supervision;
2. Meet his family responsibilities; DIFFERENCE BETWEEN PAROLE VS PROBATION
3. Devote himself to a specific employment and not
to charge said employment without prior written Probation Parole
approval of the probation officer; Sentence Not more than 6 years More than 1 year
Penalty Imprisonment or fine Imprisonment only
4. Comply with a program of payment of civil liability
to the victim of his heirs; Disposition Sentence is suspended Imprisonment for at least
the minimum
5. Undergo medical, psychological or psychiatric
Violation of Entire sentence served Unexpired portion shall be
examination and treatment and/or enter and
Condition served
remain in a specific institution, when required for
Appeal Forecloses probation No effect
that purposes;
Availability Only once Every time as long as
6. Pursue a prescribed secular study or vocational offender is not disqualified
training; Character Grant of privilege; must Mandatory; application not
7. Attend or reside in a facility established for be applied for necessary
instruction or recreation of persons on probation; Officer Probation Officer Parole Officer
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverages to Granted by who Court Warden
excess;
10. Permit the probation officer or an authorized social Nature Suspended sentence Service of sentence
worker to visit his home and place of work;
Need to file petition Not require act of
11. Reside at premises approved by the court and not application from the
to change his residence w/o prior written approval; beneficiary
and
12. Satisfy any other condition related to the
rehabilitation of the probationer and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
13. Plant trees (see circular of the SC)

VIOLATION OF CONDITION
Any violation result to arrest?
- Yes. Result to re-arrest.
- He shall serve the penalty imposed for the offense
under which he was placed on probation
- If the violation is established, the court may revoke
or continue his probation and modify the
conditions thereof.

Minor violation will it necessarily result to revocation of

probation?
- No. Not ground to revoke, court given discretion

What happens if any condition is not complied with?

- Probation officer shall inform the court of the
circumstance of violation.

Will there be hearing?

- There will be but only summary in nature to
determine the said violations. Probation is not a
right and therefore can be revoked by the court.
Violation does not automatically mean revocation
of probation. There can be imposition of warnings
and reprimands prior to revocation.

If revoked, what will happen?

- Convict must serve the whole original sentence.
The reason is probation merely suspends the
sentence
- If revoked, the court shall order the probationer to
serve the sentence originally imposed. An order