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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
With the passage of the Indeterminate Sentence Law, a prison term which consists of a minimum and maximum term called the indeterminate sentence was created. It is intended to favor the accused, particularly, to shorten his term of imprisonment.
Act No. 4103 or the Indeterminate Sentence Law provides that in imposing a prison sentence for an offense punished by acts of the Philippine Legislature, otherwise than by the Revised Penal Code, the court shall order the accused to be imprisoned for a minimum term, which shall not be less than the minimum term of imprisonment provided by law for the offense, and for a maximum term which shall not exceed the maximum fixed by law; and where the offense is punished by the Revised Penal Code, or amendments thereto, the court shall sentence the accused to such maximum as may, in view of attending circumstances, be properly imposed under the present rules of the said Code, and to a minimum which shall not be less than the minimum imprisonment period of the penalty next lower to that prescribed by said Code for the offense.
The Indeterminate Sentence Law is intended to favor the accused, particularly to shorten his term of imprisonment. The reduction of his period of incarceration reasonably helps uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. The law, being penal in character, must receive an interpretation that benefits the accused. (People v. Nang Kay, 99 Phil 515, 1951)
Application of the Indeterminate Sentence Law
For offenses punishable by the Revised Penal Code:
- Maximum term: the appropriate period of the prescribed penalty, after appreciating mitigating and/or aggravating circumstance/s, if any.
- Minimum term: within the range of the penalty next lower to the prescribed penalty.
For offenses punishable by the Special Penal Laws:
- Maximum term: not exceeding the prescribed penalty.
- Minimum term: not less than the prescribed penalty.
The need for specifying the minimum and maximum periods of the indeterminate sentence is to prevent the unnecessary and excessive deprivation of liberty and to enhance the economic usefulness of the accused, since he may be exempted from serving the entire sentence, depending upon his behavior and his physical, mental, and moral record.
The requirement of imposing an indeterminate sentence in all criminal offenses whether punishable by the RPC or by special laws, with definite minimum and maximum terms, as the Court deems proper within the legal range of the penalty specified by the law must, therefore, be deemed mandatory. (Luy v. People, G.R. No. 200087, October 12, 2016)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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