INDETERMINATE SENTENCE LAW

(Act No. 4103 as amended by Act No. 4225 and RA 4203)

MAXIMUM TERM: shall be that which in view of the
attending circumstances could be properly imposed under
the rules of the RPC
Offense punished by
RPC or its
amendments
MINIMUM TERM: shall be w/in the range of the penalty
next lower to that prescribed by the RPC
INDETERMINATE
SENTENCE
LAW
(June 19, 1965)
MAXIMUM TERM: shall not exceed the maximum fixed by
Offense punished by the special law
any other Law
(Special Law)

MINIMUM TERM: shall not be less than the minimum term

fixed by the special law

Exceptions to the application of ISL:

(Section 2)

1. Those convicted with death penalty or life imprisonment

2. Treason, conspiracy, proposal to commit treason, rebellion, sedition, espionage or piracy
3. Habitual delinquents
4. Those who have escaped confinement or evaded sentence
5. Those who violated the conditional pardon
6. Those whose maximum term of imprisonment does not exceed one (1) year
7. Those already sentenced with final judgment at the time of the approval of the act
8. Sentenced to the penalty of destierro or suspension only (no prison term included)

Purpose of ISL:
To uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of personal liberty and
economic usefulness.
CLASSIFICATION OF PENALTIES (Art. 25)

PRINCIPAL PENALTIES ACCESSORY PENALTIES

Capital Punishment: Death (Now prohibited under RA 9346) a. Perpetual or Temporary Absolute Disqualification
b. Perpetual or Temporary Special Disqualification
Afflictive Penalties: c. Suspension from
a. Reclusion Perpetua 1. Public office
b. Reclusion Temporal 2. The right to vote and be voted for
c. Perpetual / Temporary Absolute Disqualification 3. Profession or Calling
d. Perpetual / Temporary Special Disqualification d. Civil Interdiction
e. Prision Mayor e. Indemnification
f. Forfeiture or Confiscation of instruments or proceeds of the
Correctional Penalties: offense.
a. Prision Correcional g. Payment of Costs
b. Arresto mayor
c. Suspension
d. Destierro

Light Penalties:
a. Arresto Menor
b. Public Censure

Penalties Common to the 3 preceding classes:

a. Fine
b. Bond to keep the peace

COMPARATIVE TABLE
ARTICLE 9 ARTICLE 26

GRAVE FELONIES – those to which the law attaches Capital AFFLICTIVE – fine of more than 6,000 pesos
Punishment or Afflictive Penalties
CORRECTIONAL – 200 to 6,000
LESS GRAVE FELONIES – maximum period are CORRECTIONAL
LIGHT – less than 200 (199 and below)
LIGHT FELONIES – Arresto Menor or a
fine not exceeding 200 pesos or both

*In case of a fine of exactly 200 pesos, It has been held that this discrepancy should be resolved liberally in favor of the accused hence
Art. 9 prevails (People v. Yu Hai, 99 Phil 725)
GRADUATED SCALE OF PENALTIES, DURATION AND ACCESSORY PENALTY

PRESCRIPTION OF PRESCRIPTION OF
DURATION ACCOMPANYING
PENATIES (Article 71) CRIME PENALTY
(Art. 27) ACCESORY PENALTY
(Art. 90) (Art. 92)
SCALE No. 1

Art. 40 – when not executed by

reason of commutation or
pardon:
a. Perpetual absolute 20 yrs
1. Death 20 yrs
disqualification
b. Civil Interdiction during
30 yrs following the
date of the sentence

Article 41:
a. Civil interdiction for life
or during the period of
the sentence as the
case may be
2. Reclusion Perpetua 20 yrs 1 day – 40 yrs b. Perpetual Absolute 20 yrs 20 yrs
Disqualification which
the offender shall suffer
even though pardoned
as to the principal
penalty

3. Reclusion Temporal 12 yrs 1 day – 20 yrs Article 41 20 yrs 15 yrs

Art. 42:
a. Temporary Absolute
Disqualification
4. Prision Mayor 6 yrs 1 day – 12 yrs 15 yrs 15 yrs
b. Perpetual Absolute
Disqualification from
the right of suffrage
5. Prision Correcional 6 mos. 1 day – 6 yrs 10 yrs 10 yrs
Art. 43:
a. Suspension from public
office, profession or
calling
 b. Perpetual special
disqualification from the
right of suffrage

*applies if imprisonment exceeds 18

months

6. Arresto Mayor
Art. 44:
a. Suspension of the right
5 yrs
1 mo. 1 day – 6 mos. to hold office and right 5 yrs
*lighter than destierro
of suffrage during the
term of the offense

7. Destierro 6 mos. 1 day – 6 yrs 10 yrs 10 yrs

8. Arresto Menor 1 day to 30 days 2 mos. 1 yr
9. Public Censure 2 mos. 1 yr
10. Fine
SCALE No. 2
a. Perpetual Absolute
N.B. 15 yrs (afflictive) 15 yrs
Disqualification
b. Temporary Absolute - if given as an accessory
6 yrs 1 day – 12 yrs penalty, follows the duration of 15 yrs (afflictive) 15 yrs
Disqualification
the principal
c. Suspension 6 mos. 1 day – 6 yrs. 10 yrs 10 yrs
- In Arts. 41 – 44, accessory
penalty must be expressly
remitted in case of pardon so
as to be ineffective.
d. Public Censure
Art. 45 – every penalty carries
with it the accessory penalty of
confiscation and forfeiture of
the proceeds of the crime.
e. Fine

Art. 39 – Subsidiary Liability enters if the convict is insolvent at the rate of one day for each 8 pesos of the fine imposed.
a. Prision Correcional, Arresto and Fine – imprisonment shall not exceed 1/3 of the term of the sentence and in no case to continue for more than
a year (fraction of a day not counted)
b. Fine only – not to exceed 6 mos. (Grave or Less Grave Felonies); not to exceed 15 days (light felonies)
c. Higher than PC – no subsidiary penalty
d. If the penalty imposed is not to be executed by confinement but of a fixed duration – follow rules 1-3 above