Art 48: Complex Crimes

Compound
Grave
Less grave
crime
Capital,
Correctional as the
afflictive
maximum period
2/+
1/+
1/+
2/+
Complex crime Offense is a necessary means for
proper
committing the other
* Penalty is the penalty for the most serious crime in its
maximum period
Art 50-57: according to stage and participation
Participatio
Stage
n
Consummat
Frustrated
Attempted
ed
Principal
0
-1o
-2o
o
o
Accomplices
-1
-2
-3o
o
o
Accessories
-2
-3
-4o
Degree: one entire penalty, one whole penalty or one unit of the
penalties enumerated in the graduated scales in Art 71 [ex.
Reclusion perpetua, reclusion temporal]
Period: one of the three equal portions, called minimum,
medium and maximum of a divisible penalty in art 65

Rule

Penalty

Single and
Indivisible

2/+ Indivisible
penalties
1/+ Divisible
penalties, in their
full extent

1 or 2 Indivisible
penalties and a
Maximum of
another divisible
penalty

Several periods,
corresponding to
different divisible
penalties

Art 61: rules for graduating penalties

Penalty next lower in
degree
Penalty
Immediately following
that indivisible penalty as
prescribed in art 71
Immediately following
the lesser of the penalties
prescribed in art 71

Medium and minimum

period of the proper
divisible penalty and the
maximum period of that
immediately following in
the graduated scale
Immediately following
the minimum prescribe
and of the two next
following, which shall be
taken from the penalty
immediately following in
the graduated scale

Example

Reclusion perpetua
(kidnapping and failure to
return a minor, Art 270)
Reclusion perpetua to death
(Parricide, Art 246)
Reclusion temporal in its full
extent and
Prision correccional to
prision mayor, in their full
extent
Reclusion temporal in its
maximum period to death
(murder, art 248)

Prision mayor in its medium

period to reclusion temporal
in its minimum period

64: Rules for the application of penalties which contains three periods
Outline of the rules:

Next lower
in degree
Reclusion
pemporal
Reclusion
temporal
Prison mayor
Arresto mayor
Prision mayor

Prision mayor
in its
minimum
period

1.
2.
3.

no aggravating and no mitigating medium period

only a mitigating period minimum period
only an aggravating period maximum period

65: Rules in cases in which the penalty is not composed of Three periods
68: Penalty to be imposed upon a person under 18 years old
69 Penalty to be imposed when the crime committed is not wholly excusable
71: graduated scales
steps
1.

determine the maximum term

Indeterminate sentence law

I.

PURPOSE OF THE LAW

The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary
and excessive deprivation of personal liberty and economic usefulness [People v. Onate, 78 SCRA
43; People v Ducosin, 59 Phil 109, 117]. It aims to individualize the administration of our criminal
law [Reyes, p 793].
Generally, this law it is intended to favor the accused by shortening his term of imprisonment.
Application depends upon a prisoners behavior and his physical, mental, and moral record, as
determined by the Board of Indeterminate Sentence.

II.

APPLICATION
The court must, instead of a single fixed penalty, determine two penalties, referred to as the
MAXIMUM and MINIMUM terms. The law should be applied in imposing a prison sentence
for a crime punishable either by special law or by the Revised Penal Code [Reyes, p775].

Maximum
term
Minimum
term

When the crime is punished

by Special law
Shall not exceed the maximum
fixed by the Special Penal law
Shall not be less than
minimum prescribed by
Special Penal law

the
the

When the crime is punished by the

RPC
in view of the attending circumstances,
could be properly imposed under the
rules [Art 46, 48, 50-57, 61, 62 except
para 5, 64, 68, 69 and 71] of the RPC
Shall be within the range of the penalty
next lower to that prescribed by the RPC
for the offense.
The court cannot put the minimum
penalty in the same period and the same
degree as the maximum penalty,
because the minimum penalty [Reyes,
p775].

Offense and
Penalty

Indeterminat
e sentence

Example
Illegal possession of firearm
punishable by imprisonment from
1 year and 1 day to 5 years
The court can impose an
indeterminate sentence from 2
years and 1 day, as the minimum
term, to 4 years, as the maximum
terml 2 years and 1 day to 3 years;
or 3 years and 1 day to 5 years

Falsification of official
penalized by prision mayor

document,

One mitigating circumstance of plea of

guilty
Maximum: prision mayor minimum,
in its proper period after considering the
mitigating circumstance
Minimum: prision correctional, in any
of its periods or anywhere within the
range of prision correccional without
reference to any of its periods.

A. How to determine maximum term

The maximum term is determined according to the rules of the RPC, in case punishable
under RPC:
1.
2.
3.
4.
5.
6.
7.
8.

Capital
Afflictive

Correctional
Light

Art 46: Penalty to be imposed upon principals in general

Art 48: Penalty for complex crimes
Art 50 57: Penalty according to stages and participation
Art 64: Rules for the application of penalties which contains three periods
Art 65: Rules in cases in which the penalty is not composed of Three periods
Art 68: Penalty to be imposed upon a person under 18 years old
Art 69 Penalty to be imposed when the crime committed is not wholly
excusable
Art 71: graduated scales

Penalty of Imprisonment under RPC

Penalty
Divisibility
Duration
Death
X
Minimum
Maximum
Reclusion Perpetua
X
20y + 1d
40y
Reclusion Temporal
12y + 1d
20y

Prision Mayor
6y + 1d
12y

Prision Correccional
6m + 1d
6y

Arresto Mayor
1m+ 1d
6m

Arresto Manor
1d
30d

B. Reason for fixing the minimum and maximum penalties in the indeterminate
sentence [Reyes, p 794]
1.

Whenever any prisoner shall have served the minimum penalty imposed on him,
and it shall appear to the board of indeterminate sentence that such prisoner is
fitted for release, said Board may authorize the release of such prisoner
on parole, upon such terms and conditions as may be prescribed by the Board.

2.

Whenever such prisoner released on parole shall, during the period of

surveillance, violate any of the conditions of his parole, the Board
may issue an order for his arrest. In such case, the prisoner so rearrested
shall serve the remaining unexpired portion of the maximum sentence [Sec 5 and
8, Act no. 4103].

3.

Even if a prisoner has already served the minimum, but he is not fitted for release
on parole, he shall continue to serve imprisonment until the end of the
maximum.

C. Factors to be taken into consideration by the court in fizing the minimum

penalty.
It is necessary to consider the criminal, first, as an individual, and, second, as a member of
society. Considering the criminal as an individual, some of the factors that should be
considered are:
1. Age, especially with reference to extreme youth or old age
2. General health and physical conditions
3. Mentality, heredity and personal habits
4. Previous conduct, environment and mode of life (and criminal record, if any)
5. Previous education, both intellectual and moral
6. Proclivities and aptitudes for usefulness or injury to society
7. Demeanor during trial and attitude with regard to the crime committed
8. Manner and circumstances in which the crime was committed
9. Gravity of the offense
D. When ISL not applicable:

1.
2.

3.

Convicted of offenses punished with death or life imprisonment.

Those convicted of :
a.

Treason

b.

conspiracy or proposal to commit treason

c.

misprision of treason

d.

rebellion

e.

sedition

f.

espionage

g.

piracy.

Those who are habitual delinquents.

While habitual delinquents are not entitled to an indeterminate

sentence, a recidivist for the first time may be given the benefits of the
law [People v Yu Lian, CA, 40 OG 4205; People v Venus, 63 Phil 435,
442; People v. Jaranilla, GR no. 28547, Feb. 22, 1974].

4.

Those who shall have escaped from confinement or evaded sentence.

A minor who escaped from confinement in the reformatory is entitled to

the benefits of the law because confinement is not considered
imprisonment [People v. Perez, 44 OG 3884].

Confinement as a patient in the National Mental Hospital is not

imprisonment. By escaping from the hospital, the appellant did nto
acquire the status of an escaped prisoner as to be excluded from the
benefits bestowed by the indeterminate sentence law [People v Co, 67
OG 7451].

5.

Those who having been granted conditional pardon by the President shall have
violated the terms thereof.

6.

Those whose maximum period of imprisonment does not exceed one year.

The application of which is based upon the penalty actually imposed in

accordance with law [People v. Hidalgo, 452, Jan. 22, 1962].

The indeterminate sentence law does not apply to non-divisible

penalties. It covers only divisible penalties and does not include
indivisible penalties [People v Gonzales, 148 SCRA 649].

Application of the Indeterminate Sentence law is Mandatory where

imprisonment would exceed one year [People v Lee Jr., 132 SCRA 66].

7.

Those already serving final judgment upon the approval of this Act.

8.

Those sentenced to the penalty of destierro or suspension.

Benefits of the ISL are expressly granted to those who are sentenced to
imprisonment exceeding one year. In view of the nature of the penalty
of destierro, the convict is not entitled to the provisions of the ISL
[People v Almeda, GR no. 1583, 8 June 1938]

III.

SIGNIFICANT JURISPRUDENCE
A.

The modifying circumstances are considered only in the imposition of the maximum term
of the indeterminate sentence [People v Gabres, 267 SCRA 581]

B.

In determining the minimum penalty, the law confers upon the courts in fixing the
penalties the widest discretion that the courts have ever had [People v Ducosin, 59 Phil
109]

C.

The application of the ISL is based on the penalty actually imposed. If the accused was
charged with the rime of acts of lasciviousness punishable by prision correccional, the
duration of which is from 6 months and 1 day to 6 years, and the court imposed upon him
6 months and 1 day, the minimum of prision correccional, the ISL does not apply. The
application of the law is based on the penalty actually imposed in the discretion of the
court [People v Dimalanta, 92 Phil 239; People v Moises, GR no L-32495, 13 August
1975].

D. The application of the ISL is mandatory if the imprisonment would exceed one year. It
would be favorable to the accused [People v. Judge German Lee, Jr., 86859, Sept. 12,
1984]
IV.

BAR EXAM QUESTIONS