6/20/2017 CourtofAppeals

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TodayisTuesday,June20,2017
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Revisiting"ISLAW"
::SUPREMECOURT
::SANDIGANBAYAN ByAtty.HaroldHuliganga
::CTA

InmyfiveyearsnowasaCourtAttorney,Ihad,onseveraloccasions,
come across lower court decisions incorrectly applying the
IndeterminateSentenceLaw(I.S.Law)orActNo.4103.It is seriously
disturbing that despite its seeming simplicity and brevity, some judges
hadbeenperpetuallymisapplyingit.

The basic mandate of the I. S. Law is the imposition of an

indeterminate sentence which is comprised by a MINIMUM term and a
MAXIMUM term. It is indeterminate in the sense that after serving the
MINIMUM, the convict may be released on parole, or if he is not fitted
for release, he shall continue serving his sentence until the end of the
MAXIMUM. It is the fixing of the MINIMUM and MAXIMUM terms which
generatesalotofconfusionandistheconstantsourceoferrorofsome
judges.

There is not much difficulty in ascertaining the indeterminate sentence

ifthecrimeisa violation of a special law because in such a case, the
I. S. Law merely requires that the MAXIMUM term thereof shall not
exceedthemaximumfixedbythespeciallawwhiletheMINIMUM shall
not be less than the minimum prescribed therein. Accordingly, if a
special law imposes a penalty of three (3) to nine (9) years of
imprisonment, the MINIMUM of the indeterminate sentence cannot be
less than 3 years while the MAXIMUM thereof cannot be more than
9years.Hence,theindeterminatesentencemaybedecreedas3
9years,3years&9months7years&8months, 34 years,
35years,58years,89years,etc.,dependingonthesound
discretionofthejudge.

However,itshouldbestressedthatthereferencetospecial law in this

regard refer to those which provide for one specific penalty or a range
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regard refer to those which provide for one specific penalty or a range
of penalties with definitive durations, such as imprisonment for eight
years or for one year to five years but without division into
periods or any technical statutory cognomen. Where the penalty in the
special law adopts the technical nomenclature and signification of the
penalties under the Revised Penal Code (RPC), such as prision
mayor, prision correccional maximum, etc., the ascertainment of
theindeterminatesentencewillbebasedontheruleintendedforthose
crimespunishableundertheRPC.

The rule for ascertaining the indeterminate sentence for crimes

punishableundertheRPCismucharcaneandcomplicatedthantherule
applied in those crimes punishable under a special law. In crimes
punishable under the RPC, the indeterminate sentence is arrived at by
determining the MAXIMUM term, which, in view of the attending
circumstances, could be properly imposed under the rules of the RPC,
and the MINIMUM term, which shall be within the range of the penalty
nextlowertothatprescribedbytheRPCfortheoffense.

PriortotheeffectivityoftheI.S.Law,prisonsentenceswereimposed
and fixed as a straight penalty exactly as provided for under the RPC,
modifiedonlybytheapplicablerulestherein,towit:Articles46,48,50
to 57, 61, 62, 64, 65, 68, 69, and 71. The MAXIMUM term of the
indeterminate sentence is determined exactly in that manner as if the
IndeterminateSentenceLawhadneverbeenenacted.Thus,same rules
andprovisions(exceptpar.5ofArt.62)must be taken into account in
determining the MAXIMUM term of the indeterminate penalty. In
determining the MAXIMUM of the indeterminate sentence, the following
questionsmaybeaskedbywayofaguideorchecklist:(a)Whatisthe
imposablepenaltyforthecrime?,(b)Istheconvictedfelonaprincipal,
accessory or accomplice?, (c) Was the crime consummated, frustrated
orattempted?,(d)Isthecrimecommittedacomplexcrime?,(e)Isthe
commission of the crime attended by any mitigating or aggravating
circumstances?,(f)Isthepenaltyforthecrimeindivisibleorcomposed
of three periods, i.e. minimum, medium and maximum periods?, and
(g)Istheaccusedentitledtoaprivilegemitigatingcircumstance?

For instance, if a person is convicted as a principal in the crime of

homicide,theimposable penalty under Art. 249 of the RPC is reclusion
temporal, a divisible penalty. In the absence of any mitigating or
aggravating circumstance, the MAXIMUM of the indeterminate penalty
willbetakenanywherewithintherange of reclusion temporal medium,
i.e.from14years,8monthsand1dayto17yearsand4months.The
emphasis is on the phrase within the range which means that
anywhere within that period may be fixed the MAXIMUM term of the
indeterminate sentence. Thus, the judge, at his sound discretion, may
fixitat14years,10monthsand26days,17years,2monthsand
6days,16years,etc.

A greater difficulty in fixing the MAXIMUM term of the indeterminate

penaltyariseswheretherangeofthepenaltyprovidedforintheRPCis
composed of only two periods. For example, in the crime of estafa
under Article 315 of the RPC, the imposable penalty is prision
correccional maximum to prision mayor minimum. In such case, the
totalnumberofyearsincludedinthetwoperiodsshouldbedividedinto
three equal periods of time, forming one period for each of the three
portions.Thus:minimumperiod4yrs.,2mos.&1day to 5yrs., 5mos.
& 10days medium period 5yrs., 5mos. & 11days to 6yrs., 8mos. &
20daysandmaximumperiod6yrs.,8mos.&21daysto8yrs.

IndeterminingtheMINIMUMtermoftheindeterminatesentence,theI.
S.Lawmandatesthatthesamebewithintherangeofthepenalty next
lowertothatprescribedbytheRPCfortheoffense.Inthisregard,wide
latitude of discretion is given to the courts to fix the MINIMUM of the
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latitude of discretion is given to the courts to fix the MINIMUM of the

indeterminate penalty anywhere within the range of the penalty next

lower, without regard to any modifying circumstances and without
reference to the periods into which it may be subdivided. In the
previous example involving the crime of homicide, the imposable
penalty is reclusion temporal. The penalty next lower would therefore
be prision mayor. Within the range of prision mayor, the court may fix
the MINIMUM of the indeterminate penalty. Thus, the judge may fix it
at 6 years and 1 day, 6 years and 5 months, 8 years, 12
years, etc. While ample discretion is given to courts in fixing the
MINIMUM of the indeterminate sentence, the determination thereof
nonetheless presents two aspects: first, the more or less mechanical
determination of the extreme limits of the minimum imprisonment
period and second, the broad question of the factors and
circumstancesthatshouldguidethediscretionofthecourtinfixingthe
minimumpenaltywithintheascertainedlimits.

ThecommonpracticehasbeentofixtheMINIMUMoftheindeterminate
sentence exactly one degree lower to the MAXIMUM arrived at. Thus,
for example, if the MAXIMUM fixed by the court is reclusion temporal
medium,theMINIMUMisusuallyfixedatprision mayor medium, which
isexactlyadegreelower.WhiletheMINIMUMarrivedatinthatcaseis
technically correct, such nonetheless ignores the theoretical
significationofthephrasepenaltynextlowerundertheI.S.Law.

Conscientious adherence to the provisions of the I. S. Law is an

indispensable component of a fair and impartial judgment. For what
could be the difference of even only one day in the period of
imprisonment of a convict could mean so much to the precious and
cherishedlibertyoftheperson.

{themseting}
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