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Purpose of the law: to uplift and redeem valuable human material - The maximum is determined in any case punishable under the
and prevent unnecessary and excessive deprivation of liberty RPC in accordance with the rules and provisions of said
and economic usefulness code exactly as if the ISL had never been enacted.
- It is necessary to consider the criminal first as an - Apply first the effect of privileged mitigating
individual, and second as a member of the society. circumstances then consider the effects of aggravating and
ordinary mitigating circumstances.
- The law is intended to favor the defendant, particularly
to shorten his term of imprisonment, depending upon his - The minimum depends upon the court’s discretion with the
behavior and his physical, mental and moral record as a limitation that it must be within the range of the penalty
prisoner, to be determined by the Board of Indeterminate next lower in degree to that prescribed by the Code for the
Sentence. offense committed.
The settled practice is to give the accused the benefit of the - NOTE: A minor who escaped from confinement in the reformatory
law even in crimes punishable with death or life imprisonment is entitled to the benefits of the ISL because his confinement
provided the resulting penalty, after considering the attending is not considered imprisonment.
circumstances, is reclusion temporal or less.
Parole – The suspension of the sentence of the convict after serving
ISL does not apply to destierro. ISL is expressly granted to the minimum term of the intermediate penalty, without being granted a
those who are sentenced to imprisonment exceeding 1 year. pardon, prescribing the terms upon which the sentence shall be suspended.
- May be given after the prisoner has served the minimum
Procedure For Determining The Maximum and Minimum Sentence penalty; is granted by the Board of Pardons and Parole under the
provisions of the Indeterminate Sentence Law. 3. Physical disability such as when the prisoner is bedridden,
a deaf mute, a leper, a cripple or is blind or similar
Disqualification for Parole - The following prisoners shall disabilities;
not be granted parole: 4. Serious illness and other life-threatening disease as
certified by a government physician;
1. Those convicted of an offense punished with Death penalty, 5. Those prisoners recommended for the grant of executive clemency
Reclusion Perpetua or Life imprisonment; by the trial/appellate court as stated in the decision;
2. Those convicted of treason, conspiracy or proposal to commit 6. Alien prisoners where diplomatic considerations and amity
treason or espionage; between nations necessitate review;
3. Those convicted of misprision of treason, rebellion, sedition 7. Circumstances which show that his continued imprisonment will
or coup d'etat; be inhuman or will pose a grave danger to the life of the
4. Those convicted of piracy or mutiny on the high seas or prisoner or his co-inmates; and,
Philippine waters; 8. Such other similar or analogous circumstances whenever the
5. Those who are habitual delinquents i.e. those who, within a interest of justice will be served thereby.
period of ten (10) years from the date of release from prison
or last conviction of the crimes of serious or less serious Prison Record - refers to information concerning an inmate's personal
physical injuries, robbery, theft, estafa and falsification, circumstances, the offense he committed, the sentence imposed, the
are found guilty of any of said crimes a third time or oftener; criminal case number in the trial and appellate courts, the date he
6. Those who escaped from confinement or evaded sentence; commenced serving his sentence, the date he was received for
7. Those who were granted Conditional Pardon and violated any confinement, the place of confinement, the date of expiration of
of the terms thereof; the sentence, the number of previous convictions, if any, and his
8. Those whose maximum term of imprisonment does not exceed one behavior or conduct while in prison.
(1) year or those with definite sentence;
9. Those suffering from any mental disorder as certified by a Probation - is a disposition under which an accused, after conviction
government psychiatrist/psychologist; and sentence, is released subject to conditions imposed by the court
10.Those whose conviction is on appeal; and to the supervision of a probation officer.
11.Those who have pending criminal case/s.
Progress Report - refers to the report submitted by the
Special Factors - The Board may give special consideration to Probation and Parole Officer on the conduct of the
the recommendation for commutation of sentence or conditional parolee/pardonee while under supervision.
pardon whenever any of the following circumstances are present
1. Youthful offenders; Infraction Report - refers to the report submitted by the
2. Prisoners who are sixty (60) years old and above; Probation and Parole Officer on violations committed by a
parolee/pardonee of the conditions of his release on parole or
conditional pardon while under supervision.