THE INDETERMINATE SENTENCE LAW

(As Amended by Act No. 4225 and RA No. 4205)

Ramayanah L. Parcon, I – Aristotle, J.D., MSU College of Law

Change is the only constant in life. We all face the transition and transformation of everything
around us every day. Some of these changes we tend to notice while some, we don’t. These instances are
natural in every human life, the physical, mental, spiritual, and emotional and other aspects of us are
inevitably changing as time goes by; some of these changes may break or build us as a person.
Nonetheless, it makes no difference in the changes we experience, yet what matters is our acceptance of
that change which will affect how we are able to live with it. Change is an opportunity to renew ourselves
and grow as a better individual.

It is for this sense that Philippine Criminal Justice System imposed the enactment of Act No. 4103
otherwise known as “The Indeterminate Sentence Law” which provides for an indeterminate sentence
and parole for all persons convicted of certain crimes by the courts of the Philippine Islands; creates a
board of indeterminate sentence and to provide funds therefor; and for other purposes. The Philippine
law recognizes the efforts of the convicts to change for the better so long as they have served their
penalty, also, those people who are resistant of change are sanctioned of the maximum penalty as
provided by law.

The main purpose of this law as stated in People vs. Docusin, 59 Phil 109 which “to uplift and
redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty
and economic usefulness.” Also, this law considers a convicted person as an individual and a member of
society, capable of change. This law not only intends to protect the society, maintain the peace and order
but as well redeem the criminals from their penalty.

Likewise in this paper, the penalties and sentences imposed are to be tackled in line with Act No.
4103. First and foremost, indeterminate sentence is defined as sentence with a minimum term and a
maximum benefit of a guilty person, who is not disqualified therefore, when the maximum penalty of
imprisonment exceeds one year. In Section 1 of this law, it provides for the minimum and maximum prison
term of the judgment sentencing the accused of its penalty as provided by the law. Anent to this, a
homicide case is applicable wherein the maximum penalty prescribed by law is Reclusion temporal and
the minimum penalty is prision mayor. It is upon the court’s discretion in virtue of the applicable
circumstances provided by the Revised Penal Code to impose the indeterminate penalty.

In Section 2, while the law in some way favors the accused, the indeterminate sentence law
excludes those persons who have been convicted of offenses punished with death or life imprisonment,
convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion,
sedition or espionage, or piracy, habitual delinquents, escaped from confinement or evaded sentence,
granted conditional pardon by the President shall have violated the terms thereof, maximum period of
imprisonment does not exceed one year and already serving final judgment upon the approval of this Act.

The succeeding sections discuss the creation of Board of Pardons and Parole now Parole and
Probation Administration, an agency under the Office of the Secretary of Justice. It promotes the
correction and rehabilitation of an offender by providing him with individualized treatment; provides an
opportunity for the reformation of a penitent offender which might be less probable if he were to serve
a prison sentence; and prevents the commission of offenses.

In addition, the Board of Indeterminate Sentence is tasked to look into the physical, mental and
moral record of the prisoners who shall be eligible to parole and to determine the proper time of release
of such prisoners. Whenever any prisoner who shall have served the minimum penalty imposed on him,
the Board shall authorize the release of such prisoner on parole provided that such prisoner is fitted by
his training for release, shall show himself to be a law-abiding citizen and shall not violate any of the laws
of the Philippines. However, in case any 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 re-arrest and
shall serve the remaining unexpired portion of the maximum sentence.

It is important to determine the maximum and minimum penalties of a crime in order to apply
the Indeterminate Sentence Law (ISLAW). To get the maximum and minimum penalty in Special Law, (1)
the maximum penalty should NOT exceed the maximum provided for by that law and (2) the minimum
penalty should NOT fall below the minimum provided by the law. Whereas in the Revised Penal Code, the
basis is always the penalty provided by the law for the offense. The minimum shall be within the range of
the penalty next lower in degree which may be fixed in any of its period in the discretion of the court. In
determining the maximum penalty, determine first the entire range of the penalty and determine if there
is mitigating or aggravating circumstance, in case when there is no mitigating and no aggravating
circumstance, it should be placed at the medium period.

Also, it should be noted that parole refers to the conditional release of an offender from a
correctional institution after he has served the minimum of his prison sentence. It acts as temporary
liberty, still holding the person under continuous custody of the state. A prisoner may be granted parole
so long as he will prove to the Board the he will abide the laws and his release will be compatible to the
interest and welfare of society.

This Act is specifically designed to benefit the convict, in hope for a change. It is believed that
imprisonment can help some of the convicts to be conscientious to stay out of trouble. Of this, the
Philippine Criminal Justice System design these sentencing rules and prisons as a way of helping the
offenders rehabilitate, redeem themselves and constantly change for the better.