Indeterminate Sentence Law

This law is related to the probation law.

The purposes of this law are the following:


1.) Promote the prisoner's reformation by allowing him to serve sentence under a parole officer
2.) Decongest the jails by allowing prisoners to be admitted into parole
3.) Allow the government to save money on maintaining the jails
4.) Prevent the prisoners' economic usefulness from going to waste.

The indeterminate sentence law is an old law, dating back to the American period -as can be seen from its number: Act 4103 as amended by Act 4225. It's "Act," not RA or CA. It affects all criminal laws, whether from the Revised Penal Code or not so long as they don't fall into the instances enumerated by the indeterminate sentence law itself. Those instances are:

1.) Crimes punishable by death or life imprisonment

2.) Those convicted of treason, conspiracy or proposal to commit treason

3.) Those convicted of misprision of treason, rebellion, sedition or espionage

4.) Those convicted of piracy

5.) Habitual delinquents (but recidivists can qualify for indeterminate sentence -they're not the same as habitual offenders)

6.) Those who escaped from confinement/service or sentence

7.) Those who were granted conditional pardon but violated the terms of the pardon

8.) In case the maximum prison term doesn't exceed 1 year

9.) Those already serving sentence when the indeterminate sentence law took effect (no longer applicable because they're all dead)

Anybody who commits a crime falling under any of the above instances can't qualify for indeterminate sentence. Consequently, a person who violated the Dangerous Drugs Act can qualify for indeterminate sentence if the maximum penalty he's facing isn't in life imprisonment; the death penalty was repealed in 2006 by RA 9346.

The indeterminate sentence law is all about parole. If convicted an indeterminate sentence is imposed by the court, depending on the law in question. There are 2 possible scenarios:

1.) If the law is part of the Revised Penal Code

The maximum penalty is fixed in accordance with the rules of the Revised Penal Code, taking into account the attending circumstances. The minimum penalty will be put within the range of the penalty next lower than what the Revised Penal Code has prescribed. In case of a complex crime (i.e. when a single act produces 2 or more crimes,) the full range of the penalty next lower in degree will be considered in determining the minimum penalty.

2.) If the law in question is a special law

The maximum term can't exceed the maximum that the law in question has prescribed and the minimum can't be less than the prescribed minimum.

In case the penalty comes from the result of a plea-bargaining, the minimum penalty will be the one lower than that of the downgraded offense.

Minimum and maximum penalties are specified in order to prevent unnecessary deprivation of liberty and enhance his economic usefulness. The maximum penalty is necessary for the imposition of accessory penalties while the minimum penalty is important to allow the prisoner the chance for parole. In short, he is given a chance to redeem himself.

Once the minimum term is served, the prisoner becomes eligible for parole if he proves that he has complied with the conditions imposed on him when he was made to serve sentence. Parole doesn't mean a person has fully served sentence, however. It means that he is allowed to serve the remainder of his sentence out of jail but under the supervision of an appointed parole officer. He is required to report to this parole officer on appointed dates for the remainder of the prison term. During parole, the prisoner released on parole must apply himself to a legitimate occupation and prove himself to be a law-abiding citizen. His residence will be fixed and changed from time to time under the discretion of the Board of Indeterminate Sentence/Board of Pardons and Parole. The board can issue a final certification of release if the paroled prisoner has proven himself to be a law-abiding citizen.

If he violates the terms and conditions of his parole he can be arrested again. If that happens, he will have to serve the remaining term of his prison sentence behind bars.