range of the penalty next lower WITHOUT reference to the
INDETERMINATE SENTENCE LAW
(Act No. 4103 as amended by Act. No. 4225)
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND
PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE
COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF
INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREOF AND
FOR OTHER PURPOSES
PURPOSES & AIM
- To uplift and redeem valuable human material and
- Prevent unnecessary and excessive deprivation of personal liberty and
economic usefulness
- AIM: individualize the administration of our criminal law
APPLICABILITY
- Intended to favor the defendant in a criminal case particularly to shorten his term
of imprisonment depending upon his behavior
- Hence, not applicable when unfavorable to the accused (i.e. results to
lengthening of his prison sentence)
SECTION 1. COVERAGE
- Covers prison sentence for a crime punishable either by the RPC or special law
- Court must determine 2 penalties: Maximum and Minimum
 When crime is punished by the RPC
o Maximum Term
 Penalty imposed as provided by law (Articles: 46, 48, 50 to 57,
61, 62 (except par. 5), 64, 65, 68, 69, and 71) depending upon
the attending circumstances (mitigating and/or aggravating
under Art. 64)
 Quick recap on the rules under Art. 64:
o No aggravating and no mitigating—medium
period
o Only mitigating—minimum period
o Only aggravating—maximum period
o Both mitigating and aggravating—offset and
apply the remaining
o 2/more mitigating and no aggravating—
penalty next lower `
 It is ONLY in the imposition of the maximum term that the
aggravating or mitigating is considered
SECTION 2. ACT SHALL NOT APPLY TO:
o Minimum Term
 Within the range of the penalty next lower in degree prescribed
for the offense
 This is determined without considering the attending
circumstances (aggravating or mitigating) and is left to the
discretion of the court to fix the minimum anywhere within the
periods into which it may be subdivided
 When crime is punished by a special law
o Maximum
 Shall not exceed the maximum fixed by said law
o Minimum Term
 Not be less than the minimum prescribed
- ON FACTORS CONSIDERED BY COURT IN FIXING THE MINIMUM
PENALTY
1. Considering the criminal as individual
(1) Age (extreme youth/ 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)
(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
2. Considering the criminal as a member of society
(1) Relationship towards dependents, family and associations and
their relationship with him
(2) Relationship towards society at large and State
- ON THE REASON FOR FIXING THE MINIMUM AND MAXIMUM PENALTIES
1. When prisoner has served the minimum imposed and shall appear to the
Board that one is fitted for release, the Board may authorize the release
of such prisoner on parole, subject to terms and conditions
2. When such prisoner release on parole shall, during the period of
surveillance, violate any of the conditions, the Board may issue an order
for his arrest. In such, the prisoner rearrested shall serve the remaining
unexpired portion of the maximum sentence.
3. Even if one has already served the minimum, but is not fitted for releasee
on parole, one shall continue to serve imprisonment until the end of the
maximum.
(1) Persons convicted of offense punished with death penalty or life
imprisonment;
o Application of ISL is based on the penalty ACTUALLY imposed
and not the penalty that may be imposed
(2) Those convicted of treason, conspiracy or proposal to commit treason;
(3) Those convicted of misprision of treason, rebellion, sedition, espionage;
 (4) Those convicted of piracy;
(5) Those who are habitual delinquents;
o Recidivists are entitled to ISLAW
(6) Those who shall have escaped from confinement or evaded sentence;
o A minor who escaped from confinement in the reformatory is
entitled to the benefits of the law because confinement is not
considered imprisonment. Same with confinement in mental
hospital.
(7) Those who have been granted conditional pardon by the Chief Executive
and shall have violated the term thereto;
(8) Those whose maximum term of imprisonment does not exceed one year;
o ISL does not apply to non-divisible penalties only to divisible
o Application is MANDATORY if the imprisonment would exceed 1
year
o Basis: statutory construction; for it employs the phrases
“convicts shall be sentenced” and “the court shall
sentence the accused to an indeterminate sentence”
(9) Those already sentenced by final judgment at the time of the approval of
Indeterminate Sentence Law;
(10) Those sentenced to the penalty of destierro or suspension.
SECTION 3. BOARD OF PARDONS AND PAROLE
- Composition:
o Secretary of Justice (Chairman)
o Four Members to be appointed by the President (with consent of the
COA)
 Conditions:
 1 Member shall be a trained sociologist, a
clergyman/educator, psychiatrist unless a trained
psychiatrist be employed by the Board
 Other members shall pe persons qualified for such
work by training and experience
 At least 1 shall be a woman
- Term: 6 years
- In case of vacancy of membership: successor may be appointed to serve only
for the unexpired portion of the term
SECTION 4. SESSION & COMPENSATION
- Majority of all the members shall constitute a quorum and a majority vote shall
be necessary to arrive at a decision.
- Any dissent from the majority opinion shall be reduced to writing and filed with
the records of the proceedings
- Compensation:
o Compensation shall be received for each meeting actually attended by
each member of the Board and
o Reimbursement of actual and necessary traveling expenses incurred in
performance of duties
o Provided: that Board meeting will not be more than 3 times a week
SECTION 5. DUTIES AND FUNCTIONS OF THE BOARD
o Look into the physical, mental, and moral record of the prisoners who shall be
eligible to parole and determine the proper time of release
o In its discretion and in accordance with the rules and regulations, authorize the
release of a prisoner on parole
o Shall also examine the records and status of prisoners who shall have been
convicted of any offense other than mentioned in Section 2 and those have been
sentenced for more than 1 year by final judgement prior to the date on which this
Act shall take effect
o Shall make recommendations in all such cases to the President with regard to
the parole of prisoners as they shall deem qualified for parole as provided, after
they shall served a period of imprisonment not less than the minimum period for
which they have been sentenced under this Act for the same offense
SECTION 6. PRISONER RELEASED ON PAROLE
- Every prisoner released from confinement on parole shall report personally to
government officials or other parole officers appointed by the Board for a period
of surveillance equivalent to the remaining portion of the maximum sentence
imposed upon him or until final release and discharge
- Residence of the paroled prisoner during his parole may be fixed and from time
to time changed by the Board in its discretion
- If during the period of surveillance, the paroled prisoner show himself to be a
law-abiding citizen and shall not violate any laws, the Board may issue a final
certification of release in his favor which shall entitle the prisoner to final release
and discharge
SECTION 7. CERTICATION OF RELEASE
- Board shall file with the court which passed judgment on the case and with Chief
of Constabulary, a certified copy of each order of conditional or final release and
discharge issued in accordance with the provisions of the next preceding 2
sections.
SECTION 8. VIOLATION OF THE PRISONER RELEASED ON PAROLE
- When the prisoner released on parole violate any conditions of his parole during
the period of surveillance, the Board may issue an order for this arrest which
may be served in any part of the Philippines by any police officer
- In such, the prisoner so rearrested shall serve the remaining unexpired portion of
the maximum sentence for which he was originally committed to prison
o Unless, the Board shall, in its discretion, grant a new parole
ILLUSTRATION BASED ON ARTICLES 48, 61, 64, 68, 69, ETC.
1. Neither mitigating nor aggravating circumstance (Art. 64, par. 1)
- Maximum—medium period
- Minimum—anywhere wherein the range of the penalty next lower with
or without the reference to the period in which it may be subdivided
 Homicide under Art. 249 which prescribes reclusion temporal
 Maximum—reclusion temporal in its medium period
 Minimum—anywhere wherein the range of prision mayor, with
or without reference to the period x x x

2. One ordinary mitigating circumstance (Art. 62, par. 2)
- Maximum—minimum period
- Minimum—same rule with the preceding
 Reclusion temporal; A pleaded guilty
 Maximum—reclusion temporal in its minimum period
 Minimum—anywhere within the range of prision mayor with or
without reference to the period into which it may be subdivided
3. Only an aggravating circumstance (Art. 64, par. 3)
- Maximum—maximum period
- Minimum—same rule with the preceding
 Aggravating circumstance of relationship and committed with
insult or disregard of the respect due to offended party (merge
into one)
 Maximum—reclusion temporal in its maximum
 Minimum—same penalty with the preceding example
4. There are mitigating and aggravating (Art. 64, par. 4)
- Rule: offset; then apply the rule for the remaining circumstance
- Example:
 Committed homicide at nighttime (aggravating) but
surrendered voluntarily (mitigating) and pleaded guilty
(mitigating)
 After offsetting, only 1 mitigating circumstance is left; hence
apply it
 Maximum—reclusion temporal in its minimum period
 Minimum—same penalty x x x
5. Crime committed is complex crime (Art. 48)
- Rule: choose the graver offense and to be applied in its maximum
period
 Example: convicted for frustrated homicide with assault upon
agent of a person in authority
 Penalty for Homicide: Reclusion Temporal
 But since frustrated—one degree lower (Art.
50) which now becomes prision mayor
 Penalty for Assault: prision correccional in its
medium and maximum
 Graver offense: Prision mayor
 Hence, indeterminate penalty for the complex
crime is now:
 Maximum: Prision mayor in its maximum
period
 Minimum: prision correccional in any period
 Same ruling with complex crime of estafa through falsification
of public document
 Falsification of public docs (Art. 171) –prision mayor
 Estafa (Art. 315) –prision correccional
6. Penalty is next lower by two degrees than that prescribed by law for the
crime threatened and there is one aggravating
- Example:
 A threatened to kill B if B would not give him money but failed
because A was arrested upon complaint by B. In the
execution, aggravating circumstance of relationship and
committed with insult were present.
 Crime threatened—Homicide punishable by reclusion
temporal
 Actual crime committed—grave threats
 Following the rule of next lower by 2 degrees: penalty
now is prision correctional
 Then apply the 1 aggravating circumstance; the
indeterminate penalty is NOW
 Maximum—prision correccional in its
maximum period
 Minimum—anywhere within arresto mayor
7. When the accused is convicted of a complex crime and there are 2
mitigating circumstance without any aggravating
- Rule for complex crime: graver offense
- Apply the mitigating circumstance; result: next lower in degree
- The result will be the starting point for the determination for the next
lower in degree which compose the MINIMUM of the indeterminate
penalty
 Example: Estafa through falsification by public officer
 Falsification (more serious): penalty of prison mayor
 Presence of 2 mitigating: voluntary surrender and plea of guilty
without any aggravating
 Leads to lowering to the penalty next lower of prison
mayor
 Result: prision correccional
 This result (prision correctional) should be the
starting point for determining the MINIMUM of the
indeterminate penalty
 Hence, the final indeterminate penalty is now:
 Maximum: prision correccional in its
maximum
 Minimum: arresto mayor
- Another example:
 Accused who’s 17 years old on the date of the commission of
direct assault upon a person in authority with homicide has
credited to 2 mitigating: special/privileged of minority and
ordinary which is plea of guilty
 More serious crime which is homicide is punishable by
reclusion temporal. What is then the proper indeterminate
penalty?
1. Start from the proper penalty imposed by the
RPC  reclusion temporal
 2. Apply the mitigating circumstance of minority and
determine the penalty immediately inferior in
degree  prision mayor
3. Apply it in its maximum degree (rule on complex
crime) BUT within the minimum range because
of the presence of ordinary mitigating (plea of
guilty)
4. Final result is now:
 Maximum: prision mayor
 Minimum: within the range of prision
correccional OR
 Indeterminate penalty of not less than
six years of prision correccional to not
more than 10 years and 8 months of
prision mayor

8. Where there are privileged and ordinary mitigating (Art. 68 and 64)
- Rule: lower the penalty prescribed by the Code for the offense by one
degree (due to privileged circumstance)
 Penalty next lower or the resulting penalty (will serve as the
MAXIMUM) shall be the starting point in determining the
MINIMUM of the indeterminate penalty; to get the minimum,
lower by another degree
 Example: minor guilty of murder (penalty of reclusion
temporal) upon a plea of guilty
 Penalty next lower: prison mayor

9. Two privileged mitigating and ordinary mitigating (Arts. 68 & 69)

10. Incomplete defense without any ordinary or aggravating (Art. 69)

- Rule: 2 degrees lower

11. Incomplete defense with two ordinary mitigating and without any
aggravating (Arts. 69 & 64, par. 5)
- Rule: 3 degrees lower

12. When the penalty prescribed by the Code is reclusion temporal in its
maximum period to death (penalty for murder) and there are 2 or more
mitigating circumstances and no aggravating (Art. 64, par. 5)

13. When the crime committed is robbery in inhabited house and the penalty is
to be lowered by one degree

PRESIDENTIAL DECREE NO. 968
(As amended by P.D. No. 1257, and as further
amended by BP Blg. 76 and P.D. No. 1990)
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS
THEREOF AND FOR OTHER PURPOSES
NOTES:
 Probation only affects the criminal aspect of the case; hence, the suspension
of the sentence imposed on the accused has no bearing on his civil liability.
 Probation is a privilege and its grant rests upon the discretion of the court.
o Hence, even if the convicted person is qualified for probation, the grant
of probation is not automatic or ministerial. Court may still deny the
application.
SECTION 1. TITLE AND SCOPE OF THE DECREE
- Probation Law of 1976
- Shall be applied to all offenders except those entitled under P.D. 603 and similar
laws
SECTION 2. PURPOSE
1. Promote the correction and rehabilitation of an offender by providing him with
individualized treatment
2. Provide an opportunity for the reformation of a penitent offender which might be
less probable if he were to sever a prison sentence
3. Prevent the commission of offenses
SECTION 3: MEANING OF TERMS
- Probation—disposition under which a defendant, after conviction and sentence,
is released subject to conditions imposed by the court and to the supervision of a
probation officer
SECTION 4. GRANT OF PROBATION
- May be granted even if the sentence imposed a fine only with subsidiary
imprisonment in case of insolvency
- Upon application by defendant for probation, the court may suspend the
execution of the sentence
- Application for probation must be filed within the period for perfecting an appeal
o Means that the benefit of probation must be invoked at the earliest
opportunity since one cannot anymore avail if he already perfected the
appeal
o Purpose: encourage offenders who are wiling to be reformed and
rehabilitated to avail of probation
o Effect: application for probation operates as a waiver of the right to
appeal
- Application for probation shall be filed with the trial court
o If the application is based on a modified decision imposing a
probationable penalty, it shall be filed in the:
 Trial court where the judgement of conviction imposing a non-
probationable penalty was rendered, or
 Where such case has since been re-raffled
- Convict may file for probation if appeal is for conviction imposing a non-
probationable penalty which is modified on appeal to a probationable penalty,
before such decision becomes final.
o Benefit of probation shall be lost if a review of the modified decision
which already imposes a probationable penalty is sought.
o Allowed due to R.A. No. 17070 which amended P.D. No. 968
- In cases where several defendants have appealed, those who did not may apply
for probation by submitting a written application and attaching a certified true
copy of the judgement of conviction.
- An order granting or denying probation is not appealable.
- Effect of probation on accessory penalties: deemed suspended once probation
is granted
- ON THE NATURE OF ORDER GRANTING PROBATION:
o Order is not a sentence but a suspension of the imposition of
sentence
o Not a final judgment but an “interlocutory judgment” in the nature of a
conditional order placing the convicted defendant under the supervision
of the court for his reformation, to be followed by a final judgment of
discharge, if the conditions of the probation are complied with, or by a
final judgment of sentence if the conditions are violated
SECTION 5. POST-SENTENCE INVESTIGATION
- The convict is not immediately placed on probation for no person shall be placed
on probation except upon prior investigation by the probation officer and a
determination by the court
SECTION 7. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT
- Probation officer shall submit to court the investigation report not later than 60
days from receipt of the order to conduct the investigation.
- The court shall resolve the application for probation not later than 15 days after
the receipt of said report.
- Pending submission of report and resolution of the petition, the defendant may
be released under his bail filed in the criminal case
- Defendant may also be released on recognizance to the custody of a
responsible member of the community:
o In case where no bail was filed; or
o In case where the defendant is incapable of filing a bail
 The said member guarantees only the defendant’s
appearance whenever required by court.
SECTION 8. CRITERIA FOR PLACING AN OFFENDER ON PROBATION
- Court shall consider:
1. All information relative to the:
a. Character
b. Antecedents
c. Environment
 d. Mental and
e. Physical condition of the offender; and
2. Available institutional and community resources
- Probation shall be denied if the court finds that:
(a) Offender is in need of correctional treatment that can be provided
most effectively by his commitment to an institution; or
(b) There is undue risk that during the period of probation, the offender
will commit another crime; or
(c) Probation will depreciate the seriousness of the offense committed
- Grant or denial does not rest solely on the offender’s potentiality to reform but
ALSO on the observance of demands of justice and public interest
- Outright denial by the court without the benefit of hearing and where the
applicant is not disqualified under the Probation Law is null and void and is
correctible by certiorari.
SECTION 9. DISQUALIFIED OFFENDERS
- Benefits of the Decree shall not be extended to:
(a) those sentenced to serve a maximum term of imprisonment of
more than 6 years;
(b) those convicted of any crime against the national security;
(c) those who were previously convicted by final judgment of an
offense punished by imprisonment of more than 6 months and one
day and/or a fine of more than 1K;
(d) those who have been once on probation under the provisions of
the Decree;
(e) those who are already serving sentence at the time the substantive
provision of the Decree became applicable pursuant to Sec. 33
thereof
SECTION 10. CONDITIONS OF PROBATION
- 2 conditions:
(1) General or Mandatory
(2) Special or Discretionary
- On General or Mandatory Conditions:
(a) Probationer shall present himself to the Probation Officer
designated to undertake his supervision at such place as may be
specified in the order within 72 hours from receipt of the order;
(b) Report to the PO at least once a month at such time and place as
specified by said officer
o Being mandatory, the moment any is violated, the probation is
cancelled.
- On Special or Discretionary Conditions (additional conditions):
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer;
(d) undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his
home and place or work;
(j) reside at premises approved by it and not to change his residence
without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation of the
defendant and not unduly restrictive of his liberty or incompatible
with his freedom of conscience.
o List is not inclusive; liberal in character as long as the probationer’s
constitutional rights are not jeopardized
o These special/discretionary conditions should be realistic, purposive,
and geared to help the probationer develop into a law-abiding and self-
respecting individual.
- Examples of condition that may not be imposed:
o Probationer should refrain from continuing her teaching profession
SECTION 11. EFFECTIVITY OF PROBATION ORDER
- Upon the failure of the probationer to comply with any of the conditions
prescribed, or upon his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed on probation
SECTION 14. PERIOD OF PROBATION
(a) If the convict is sentenced to a term of imprisonment of not more
than 1 year, the period of probation shall not exceed 2 years;
(b) In all other cases, if he is sentenced to more than 1 year, said
period shall not exceed 6 years.
(c) When the sentence imposes a fine only and the offender is made
to serve subsidiary imprisonment, the period of probation shall be
twice the total number of days of subsidiary imprisonment
SECTION 15. ARREST OF PROBATIONER; SUBSEQUENT DISPOSITION
- Violations of the conditions of probation must be serious to justify the issuance of
warrant of arrest
- Defendant may be admitted to bail pending hearing.
- The hearing is summary in nature but the probationer shall have the right to be
informed of the violation charged and to adduce evidence in his favor.
- Court is not bound by the technical rules of evidence.
- If the violation is established, the court may revoke or continue his probation and
modify the conditions thereof.
 o if revoked, the court shall order the probationer to serve the sentence
originally imposed.
- The order revoking the grant of probation or modifying the term and conditions is
not appealable.

SECTION 16. TERMINATION OF PROBATION

- Expiration of the probation period =/= automatically terminate probation
o There must first be issuance of an order of final discharge by the court
can the case of the probationer be deemed terminated.
- Effects of final discharge of the probationer:
o Shall operate to restore to him all civil rights lost or suspended as a
result of his conviction
o Totally extinguish his criminal liability as to the offense for which
probation was granted.
 Extinction of criminal liability =/= civil liability

OTHER NOTES:
- The application of Section 106 of the Administrative Code of Mindanao and Sulu
on the penalty on Moros and Non-Christians is discretionary to the court.