INDETERMINATE SENTENCE LAW
(Act No. 4103 as amended by Act No. 4225 and RA 4203)
MAXIMUM TERM: shall be that which in view of the
attending circumstances could be properly imposed under
the rules of the RPC
Offense punished by
RPC or its
amendments
MINIMUM TERM: shall be w/in the range of the penalty
next lower to that prescribed by the RPC
INDETERMINATE
SENTENCE
LAW
(June 19, 1965)
Offense punished by
any other Law
(Special Law)
MAXIMUM TERM: shall not exceed the maximum fixed by
the special law
MINIMUM TERM: shall not be less than the minimum term
fixed by the special law
Exceptions to the application of ISL:
(Section 2)
1.
2.
3.
4.
5.
6.
7.
8.
Those convicted with death penalty or life imprisonment
Treason, conspiracy, proposal to commit treason, rebellion, sedition, espionage or piracy
Habitual delinquents
Those who have escaped confinement or evaded sentence
Those who violated the conditional pardon
Those whose maximum term of imprisonment does not exceed one (1) year
Those already sentenced with final judgment at the time of the approval of the act
Sentenced to the penalty of destierro or suspension only (no prison term included)
Purpose of ISL:
To uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of personal liberty and
economic usefulness.
CLASSIFICATION OF PENALTIES (Art. 25)
PRINCIPAL PENALTIES
Capital Punishment: Death (Now prohibited under RA 9346)
Afflictive Penalties:
a. Reclusion Perpetua
b. Reclusion Temporal
c. Perpetual / Temporary Absolute Disqualification
d. Perpetual / Temporary Special Disqualification
e. Prision Mayor
Correctional Penalties:
a. Prision Correcional
b. Arresto mayor
c. Suspension
d. Destierro
ACCESSORY PENALTIES
a. Perpetual or Temporary Absolute Disqualification
b. Perpetual or Temporary Special Disqualification
c. Suspension from
1. Public office
2. The right to vote and be voted for
3. Profession or Calling
d. Civil Interdiction
e. Indemnification
f. Forfeiture or Confiscation of instruments or proceeds of the
offense.
g. Payment of Costs
Light Penalties:
a. Arresto Menor
b. Public Censure
Penalties Common to the 3 preceding classes:
a. Fine
b. Bond to keep the peace
COMPARATIVE TABLE
ARTICLE 9
GRAVE FELONIES – those to which the law attaches Capital
Punishment or Afflictive Penalties
ARTICLE 26
AFFLICTIVE – fine of more than 6,000 pesos
CORRECTIONAL – 200 to 6,000
LESS GRAVE FELONIES – maximum period are CORRECTIONAL
LIGHT – less than 200 (199 and below)
LIGHT FELONIES – Arresto Menor or a
fine not exceeding 200 pesos or both
*In case of a fine of exactly 200 pesos, It has been held that this discrepancy should be resolved liberally in favor of the accused hence
Art. 9 prevails (People v. Yu Hai, 99 Phil 725)
GRADUATED SCALE OF PENALTIES, DURATION AND ACCESSORY PENALTY
PENATIES (Article 71)
DURATION
(Art. 27)
ACCOMPANYING
ACCESORY PENALTY
PRESCRIPTION OF
CRIME
(Art. 90)
PRESCRIPTION OF
PENALTY
(Art. 92)
SCALE No. 1
1. Death
Art. 40 – when not executed by
reason of commutation or
pardon:
a. Perpetual absolute
disqualification
b. Civil Interdiction during
30 yrs following the
date of the sentence
2. Reclusion Perpetua
20 yrs 1 day – 40 yrs
Article 41:
a. Civil interdiction for life
or during the period of
the sentence as the
case may be
b. Perpetual Absolute
Disqualification which
the offender shall suffer
even though pardoned
as to the principal
penalty
20 yrs
20 yrs
3. Reclusion Temporal
12 yrs 1 day – 20 yrs
Article 41
20 yrs
15 yrs
15 yrs
15 yrs
10 yrs
10 yrs
4. Prision Mayor
6 yrs 1 day – 12 yrs
5. Prision Correcional
6 mos. 1 day – 6 yrs
Art. 42:
a. Temporary Absolute
Disqualification
b. Perpetual Absolute
Disqualification from
the right of suffrage
Art. 43:
a. Suspension from public
office, profession or
calling
20 yrs
20 yrs
b. Perpetual special
disqualification from the
right of suffrage
*applies if imprisonment exceeds 18
months
6. Arresto Mayor
1 mo. 1 day – 6 mos.
7.
8.
9.
10.
6 mos. 1 day – 6 yrs
1 day to 30 days
Destierro
Arresto Menor
Public Censure
Fine
Art. 44:
a. Suspension of the right
to hold office and right
of suffrage during the
term of the offense
5 yrs
*lighter than destierro
5 yrs
10 yrs
2 mos.
2 mos.
10 yrs
1 yr
1 yr
15 yrs (afflictive)
15 yrs
15 yrs (afflictive)
15 yrs
10 yrs
10 yrs
SCALE No. 2
a. Perpetual Absolute
Disqualification
b. Temporary Absolute
Disqualification
c. Suspension
d. Public Censure
6 yrs 1 day – 12 yrs
6 mos. 1 day – 6 yrs.
N.B.
- if given as an accessory
penalty, follows the duration of
the principal
- In Arts. 41 – 44, accessory
penalty must be expressly
remitted in case of pardon so
as to be ineffective.
Art. 45 – every penalty carries
with it the accessory penalty of
confiscation and forfeiture of
the proceeds of the crime.
e. Fine
Art. 39 – Subsidiary Liability enters if the convict is insolvent at the rate of one day for each 8 pesos of the fine imposed.
a. Prision Correcional, Arresto and Fine – imprisonment shall not exceed 1/3 of the term of the sentence and in no case to continue for more than
a year (fraction of a day not counted)
b. Fine only – not to exceed 6 mos. (Grave or Less Grave Felonies); not to exceed 15 days (light felonies)
c. Higher than PC – no subsidiary penalty
d. If the penalty imposed is not to be executed by confinement but of a fixed duration – follow rules 1-3 above