Quick Notes on Indeterminate Sentence Law (ISLAW) aggravating circumstance.

The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the following
exceptions if: SCCC-OETWC
1. Sentenced with a penalty of death or life imprisonment
2. Convicted of treason, conspiracy, proposal to commit treason
3. Convicted of misprision of treason, sedition, rebellion or espionage
4. Convicted of piracy
5. Offender is a habitual delinquent
6. Escapees from prison or those who evaded sentence
7. Those who violated the terms of conditional pardon of the chief executive
8. Where the maximum term of imprisonment does not exceed 1 year (important!)
9. Convicted by (final judgment at the time of the effectivity of Act 4103
10. Penalized with suspension or destierro.
If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW! ISLAW applies to offenses punished by
Special Law and RPC.
Why is ISLAW mandatory? In the application of ISL the judge will get the maximum penalty and likewise the
minimum penalty. If the accused was already able to serve the minimum term of his indeterminate sentence
and upon the approval of the Board, the accused now becomes eligible for parole. ISLAW is favorable to the
accused.
If the accused was granted parole and violated some conditions of the parole, what will happen? A warrant of
arrest will be issued by the court and the accused will be made to serve the rest of the remaining or unexpired
portion of his sentence. (But in probation you go back to number 1, serving of sentence will be from the
beginning)
How about the minimum penalty? It would still be 1 degree lower from reclusion temporal, which is prision
mayor. In which period? It shall be discretionary upon the court.
(More examples) 1 mitigating but NO aggravating -- maximum penalty: reclusion temporal in the minimum
period minimum penalty: prision mayor in any period
2 mitigating, NO aggravating (privileged mitigating) -- maximum penalty: prision mayor in the medium period;
minimum penalty: prision correctional any period. The preceding example is an exception to the rule. If there is
a privileged mitigating circumstance, we take it into account first in order to obtain the proper maximum
penalty. Then, from that maximum penalty, we obtain the proper minimum penalty by getting the penalty 1
degree lower. Same rule applies as to the period of the minimum penalty. Remember: It will never become a
privileged mitigating circumstance if there is an aggravating circumstance present. 8 mitigating and 1
aggravating will never become privileged mitigating circumstance.
3 mitigating, NO aggravating -- maximum penalty: prision mayor in the minimum period; minimum penalty:
prision correctional any period. In the preceding example, there are 3 mitigating circumstance present and no
aggravating circumstance. The first two mitigating circumstance shall be a privileged mitigating circumstance.
Thus, the penalty will be reduced by 1 degree from reclusion temporal to prision mayor. The 3rd mitigating
circumstance shall place the penalty in the minimum period.
4 mitigating, NO aggravating maximum penalty: prision correctional in the medium period (2 privileged
circumstance. Thus we lower by 2 degrees) minimum penalty: arresto mayor any period
5 mitigating, NO aggravating maximum penalty: prision correctional in the minimum period; minimum penalty:
arresto mayor any period. At most we can only lower by 2 degrees. Thus, if there are 6 mitigating circumstance
and NO aggravating: maximum penalty: prision correctional in the minimum period; minimum penalty: arresto
mayor any period.

Application of ISLAW: How to get maximum and minimum penalty in Special Law:
1. Maximum penalty should NOT exceed the maximum provided for by that law.
2. Minimum penalty should NOT fall below the minimum provided by the law.

How to get maximum and minimum penalty in RPC: Example: In the crime of homicide, under RPC, the
offender is sentenced to reclusion temporal. The maximum penalty under the ISL is reclusion temporal. But
reclusion temporal is a divisible penalty consisting of maximum, medium and minimum periods. Which period
will we place the maximum term of the Indeterminate Sentence? Guide for determining the maximum penalty:
1. Determine the entire range of the penalty
2. Determine if there is mitigating or aggravating circumstance.
Which period will the maximum penalty be placed? In pursuant to Art. 64, when there is no mitigating and no
aggravating circumstance, it should be placed at the medium period. Thus, the maximum penalty for the
example above is reclusion temporal in the medium period.
What is the minimum penalty now? In getting the minimum penalty, the rule is to simply get the penalty 1
degree lower from the maximum penalty without taking into account the mitigating and aggravating
circumstance. Thus, the penalty 1 degree lower from reclusion temporal, without taking into account any
mitigating or aggravating circumstance, is prision mayor. Prision mayor is now the minimum penalty for our
example. Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be wrong.
Again, prision mayor is a divisible penalty.

Which period can it be placed? Under ISL, it would depend upon the discretion of the court on which period to
place it. Thus, the minimum penalty is prision mayor in any of its period. Factors that could affect the imposition
of minimum penalty: (1) Age (2) Conduct during trial (3) Mental or physical condition.

Suppose in the example above, 1 aggravating circumstance was proven. What is now the maximum penalty?
It would still be reclusion temporal, but it shall be placed in the maximum period because of the presence of 1