Are Recidivists entitled to the benefits of ISL Yes, even if the crime was commi

tted while on pareole

Effects of filing of petition for probation
Execution of sentence is SUSPEND
ED
Deemed a WAIVER of the right to APPEAL
In case an appeal is made, the appeal shall be deemed WITHDRAWN
Filing of application for probation
Filed directly with the Court WHICH SENT
ENCED THE ACCUSED
within FIFTEEN (15) days
from the date of PROMULGATION of the decision
Else, waived.
PAROLE Disposition, under which a defendant
AFTER conviction and sentence
is subject to the CONDITIONS imposed by the Court and
under the supervision of a PAROLE OFFICER
Purpose of probation
Promote the CORRECTION and REHABILITATION of an offender
by providing him with a PERSONAL COMMUNITY BASED treatment
Provide an opportunity for his REFORMATION and REINTEGRATION in the community
PREVENT the commission of OFFENSES
Reclusion Perpetua v Life Imprisonment RP: Has ACCESSORY penalties
LI: NO accessory
RP: RPC and some SPECIAL laws
LI: RPC
RP: TWENTY years and ONE day to FORTY years (basis for eligibility for pardon)
LI: NO fixed duration
What is the maximum penalty under the ISL
That which, in VIEW OF THE ATTEN
DING CIRCUMSTANCES,
could be properly imposed under the REVISED PENAL CODE
(modifying circumstances are considered)
What is the minimum penalty under the ISL
based on the PENALTY prescribed
by the code
WITHOUT first considering any MODIFYING circumstance
(sound discretion of the court)
Who are not entitled to the application of the Indeterminate Sentence Law
Those who are sentenced to
1) RECLUSION PERPETUA, DEATH or LIFE IMPRISONMENT
2) TREASON, CONSPIRACY or PROPOSAL to commit treason
3) MISPRISION of treason
REBELLION
SEDITION
ESPIONAGE
4) PIRACY
5) HABITUAL DELINQUENTS
6) ESCAPED from confinement or those who EVADED sentence
7) Granted CONDITIONAL PARDON and those who VIOLATED the terms of the same
8) MAXIMUM period of imprisonment does NOT exceed ONE year
9) serving FINAL JUDGMENT upon approval of the ISL
10) crimes NOT punishable by IMPRISONMENT (DESTIERRO and SUSPENSION)