INDETERMINATE SENTENCE LAW

Question 1

What is the rationale behind the ISL?

Answer 1

In imposing a penalty, the ISL mandates the courts to fix a minimum and maximum period of the penalty.

It promotes prisoner’s reformation and decongest the jails.

Question 2

T or F

After the convict serves the minimum period, he becomes eligible for parole.

Answer 2

True.

Question 3

What is parole?

Answer 3

Parole is the conditional release of a prisoner from a correctional institution after serving the minimum period of a prison sentence.

Question 4

When is the ISL applicable?

Answer 4

The ISL is MANDATORY, except for the following:

1. Crimes punished by death and life imprisonment
2. Felonies punishable by reclusion perpetua
3. Those convicted of treason, rebellion, sedition, espionage, piracy, habitual delinquents, escapees, grantees of conditional pardon who violated its terms, those whose maximum term of imprisonment does not exceed 1 year, and those imposed a non-prison sentence.

Question 5

How does the ISL operate? Explain.

Answer 5

1. IF THE CRIME IS A VIOLATION OF THE RPC:
   A. The maximum term of imprisonment is the penalty prescribed by the RPC taking into account AC and MC.
   B. The minimum term of imprisonment will be put within range of the penalty next lower in degree than what the RPC has prescribed for the felony, without applying the MC and AC.

Question 5

How does the ISL operate? Explain.

Answer 5

1. IF THE CRIME IS A VIOLATION OF THE RPC:
   A. The maximum term of imprisonment is the penalty prescribed by the RPC taking into account AC and MC.
   B. The minimum term of imprisonment will be put within range of the penalty next lower in degree than what the RPC has prescribed for the felony, without applying the MC and AC.

Question 6

A is committed homicide punishable by reclusion temporal, with no modifying circumstances. How is ISL applied?

Answer 6

1. Maximum - Maximum is that which is prescribed by the RPC taking into account modifying circumstances. Since no MC or AC, the maximum term is RT - medium
2. Minimum - 1 degree lower than the maximum, therefore the minimum is prision mayor. The period of the prision mayor (min, med, max) is upon the discretion of the courts.

The courts will then impose upon the convict an indeterminate sentence of PRISION MAYOR in any of its periods as the MINIMUM, up to Reclusion Temporal Medium as the MAXIMUM. Upon the courts discretion, imprisonment could be as short as 6years and 1 day up to 17 years and 4months.