Saturday, August 15, 2015

Indeterminate Sentence Law


“x x x.

Indeterminate Sentence Law 

Section 1 of Act No. 4103 (The Indeterminate Sentence Law) provides:

[I]n imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense x x x

x x x x

This Act shall not apply to persons convicted of offenses punished with death penalty or life-imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual delinquents; to those who have escaped from confinement or evaded sentence; to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof; to those whose maximum term of imprisonment does not exceed one year, not to those already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 hereof.

Since Concepcion is guilty of the crime of theft of property valued at P3,000, the penalty shall be the maximum period imposed by the RPC due to the presence of the generic aggravating circumstance of use of a motor vehicle in the commission of the crime. The maximum penalty to be imposed upon Concepcion is prision correccional in its medium period. However, applying the Indeterminate Sentence Law, the minimum period of Concepcion’s penalty shall be within the range of the penalty next lower to that prescribed by the RPC for the offense, which is arresto mayor in its maximum period. For this reason, we impose upon Concepcion the penalty of arresto mayor in its maximum period, which is 6 months, to prision correccional in its medium period, which is 4 years and 2 months.

X x x.”