Indeterminate Sentence Law

A penalty with a minimum and a maximum instead of a straight penalty.

Authorizes the release of a convict after having served the minimum of his sentence.

ISL does not apply

1. Convicted; death or life imprisonment;

2. Convicted; of treason, conspiracy or proposal to commit treason;
3. Convicted of misprision of treason, rebellion, sedition, or espionage;
4. Convicted of piracy;
5. Habitual delinquents;
6. Escaped from confinement or evaded sentence;
7. Violated the terms of the conditional pardon;
8. Imprisonment; maximum does not exceed 1 year;
9. Those already sentenced by final judgement at the time of the approval of the law. (Dec. 5,
1933)
10. Destierro or suspension

RPC and Special Laws

Special Law

*minimum not less than the minimum prescribed by law

*maximum not exceed the maximum fixed by law

RPC

*minimum shall be w/in the range of the penalty next lower to that prescribed by the Code for the
offense.

*maximum that, in view of the attending circumstance. Could be properly imposed under the rules of
the RPC.

Steps

1. Ascertain the penalty prescribed for the offense w/o considering the attendant circumstance
2. Use the said penalty as the basis for determining the minimum, which is the penalty next lower
in degree. This is the minimum of the indeterminate sentence.
3. Fix the maximum by imposing the penalty prescribed by the law taking into consideration the
attending circumstances.
Homicide, no mitigating no aggravating

1. Homicide is punished by Rec Temp.

2. Penalty next lower in degree to Rec Temp is Prision Mayor. Prision Mayor is the minimum of
your indeterminate sentence.
3. Maximum is Rec Temp in its medium period since there is no aggravating or mitigating
circumstances.
4. The indeterminate sentence, therefore, is Prision Mayor to Reclusion Temp Medium.

Frustrated Homicide w/ Direct Assault

*frustrated homicide Prision May; Direct Assault Prision Correctional Med-Max. Penalty for complex
crime is for the graver offense w/c is Prision Mayor.

*penalty next lower to Prision Mayor is Prision Correctional. Prision Correctional is the minimum.

*max is Prision Mayor in its max (complex crime)

*indeterminate sentence is, therefore, Prision Correctional to Prision Mayor Maximum.

Privileged Mitigating Circumstance

General Rule is: find the penalty next lower in degree to the penalty prescribed by law w/o first
considering the attending circumstances.

Exception is: a privilege mitigating circumstance (two or more mitigating circumstance w/o any
aggravating circumstance, Art 64 par 5). In this case the privileged mitigating circumstance is first
applied to determine the basis for the minimum.

Estafa thru Falsification by a Public Officer with two mitigating and no aggravating (privileged
mitigating circumstance).

1. Penalty for the more serious offense (falsification) is Prision Mayor.

2. Apply the attending circumstance (privileged mitigating circumstance) first. One degree lower
than Prision Mayor is Prision Corr. (exception to the general rule)
3. One degree lower than Prision Correctional is Arresto Mayor. Arresto Mayor is the minimum.
4. Maximum is Prision Correctional in its max, because it is a complex crime.
5. Indeterminate sentence is Arresto Mayor to Prision Correctional Maximum.
Homicide w/ Direct Assault; one privileged mitigating circumstance (minority) and one
ordinary mitigating circumstance. (plea of guilty)

1. Homicide is the more serious offense (Rec Temp)

2. Apply the privileged mitigating, next lower in degree is Prision Mayor. This is the basis for the
minimum.
3. One degree lower than Prision Mayor is Prision Correctional. Prision Correctional is the
minimum.
4. Pr. Mayor is applied in its maximum period because it is a complex crime but in the minimum
period of the max because of the ordinary mitigating circumstance of plea of guilty.
5. Indeterminate sentence is Prision Correctional to Prision Mayor Maximum in its minimum
period.

Probation

*probation is a disposition where a convict is released subject to conditions imposed by the court and
to the supervision of a probation officer.

*In probation, a convicts sentence consisting of imprisonment is not executed, rather the convict is
released subject to the conditions of the probation. When the convict violates the terms, he may be
required to serve the sentence.

When to apply for probation

The application for probation must be filed within the period for perfecting an appeal (15 days from
promulgation).

When a convict has perfected an appeal, an application for probation cannot be granted..

Sable vs Pp, GR No. 177961, April 7, 2009

the probation law is patently clear that no application for probation shall be entertained or granted if
the defendant has perfected the appeal from the judgement of conviction.

consequently, probation should be availed of at the first opportunity by convicts who are willing to be
reformed and rehabilitated; who manifest spontaneity, condition and remorse.

Colinares vs Pp, GR No 182748, December 13, 2011

In a real sense, the courts finding that Arnel was guilty, not of frustrated homicide, is an original
conviction that for the first time imposes on him a probationable penalty. Had the RTC done him right
from the start, it would have found him guilty of the correct offense and imposed on him the right
penalty of two years and four months maximum. This would have afforded Arnel the right to apply for
probation.
Disqualified from probation

*sentence to a maximum term of imprisonment of more than 6 years;

*convicted of subversion, crimes against national security or public order;

*previously convicted by final judgement by:

-imprisonment of not less than one month, and/or

-fine not less than P200.00

*have been once on probation;

*those already serving sentence at the time the provisions of the probation law became applicable.

Periods of Probation

*if term of imprisonment is not more than 1 year probation shall not exceed two years.

*if sentenced to more than 1 year probation shall not exceed 6 years.

Completion of the period of probation and discharge of the probationer shall operate to restore him to
all civil rights.

ART 89 Total Extinction of criminal liability.

1. Death
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage (ART 344)

Death

Personal penalties extinguished whether death occurs before or after conviction.

Pecuniary penalties are extinguished when death occurs before final judgement. Fines and cost shall
subsist if death occurs after final judgement.
Death before final judgement.

When death occurs before final judgement, e.g., pending appeal, the criminal liability of the accused is
extinguished as well as his civil liability if it is based solely on the offense committed.

If the civil liability can be predicated on some other source of obligation other than delict (crime), e.g.,
law, contracts or quasi-delict, the claim for civil liability survives.

Pp vs Bayotas, GR No 102007, 2 September 1994

1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well
as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, death of
the accused prior to final judgement terminates his criminal liability and only the civil liability
directly arising from and based solely on the offense committed.
2. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same
may also be predicated on a source of obligation other than delict. ART 1157 of the Civil Code
enumerates these other sources of obligation from which the civil liability may arise as a result
of the same act or omission.

Amnesty and pardon

*Amnesty completely extinguishes the offense, the penalty and the effects thereof. However, amnesty
does not extinguish civil liability.

*Pardon merely exempts the convict from the punishment the law inflicts for a crime committed.

Amnesty Pardon

Group/class Individual

Before or after conviction After conviction

Looks backward Looks forward

Affects recidivism Recidivism stays

Civil liability remains Civil liability remains

Public act of the President Private act of President

Prescription of the crime/penalty

The state loses the right to prosecute an offender to the lapse of time.

The state loses right to execute final sentence after the lapse of time.
Marriage of the offended woman (ART 344); must be in good faith

The manner in which the appellant dealt with the girl after the marriage, as well as before, shows that
he had no bona fide intention of making her his wife, and the ceremony cannot be considered binding
on her because of duress. The marriage was therefore void for lack of essential consent. And it supplies
no impediment to the prosecution of the wrongdoer. (PP vs SANTIAGO, GR No. 27972, October 31,
1927)

ART 90 Prescription of crimes

The state loses the right to prosecute an offender.

*Death, Reclusion Perpetua, Reclusion Temporal - 20 years

*Other Afflictive penalties - 15 years

*Correctional penalties - 10 years

Except by Arresto Mayor - 5 years

*Libel and other similar offenses - 1 year

*Oral Defamation and Slander by Deed - 6 months

*Light Offenses - 2 months

Prescription

*Prescription of penalties sentence must be final

*Prescription of crimes penalty prescribed by law

*Prescription of penalties penalty imposed

ART 91 Computation of period

Commence to run when culprit evades service of sentence.

Interrupted when convict:

a. Gives himself up,

b. Captured,
 c. Goes to a foreign country with which the Government has no extradition treaty, or
d. Commits another crime before the expiration of the period

Evasion of service of sentence is essential for the rules on prescription to apply.

ART 94 Partial Extinction

*Conditional pardon. Condition usually takes the form of an undertaking that the convict shall not
violate any penal law.

*Commutation. Commutation reduces the degree of the penalty or reduces the length of imprisonment.

*Good Conduct Allowances. ART 97

ART 97 Good Conduct Allowances

Good conduct of a prisoner during his imprisonment will result in a deduction of his sentence:

a. 1st two years -5 days/month of good behaviour.

b. 3rd to 5th years -8 days/month of good behaviour.
c. 6th to 10th year -10 days/month of good behaviour.
d. 11th and successive years -15 days/month of good behaviour.

ART 98 Special time allowance for loyalty:

*1/5 of the period of the sentence;

*Evade service during disorders, conflagrations, earthquakes, or other calamities;

*Gives himself up within 48 hours following the proclamation announcing the passing away of the
calamity or catastrophe.

*An essential element of this article is that the convict must leave the penal institution.

ART 100 Civil Liability

A person who is criminally liable is also civilly liable.

This principle is based on the dual character of a crime. A crime is (1) an offense against the State
because it disturbs the social order..

Acquittal

Acquittal in the criminal case does not carry with it extinction of the civil liability.
When there is a finding in the final judgement that the act or omission from which the civil liability may
arise does not exist, the civil liability is deemed extinguished.

Abellana vs Pp, GR 174654, Aug 17, 2011

Simply stated, civil liability arises when one, by reason of h sown act or omission, done intentionally or
negligently, causes damage to another. Hence, for petitioner to be civilly liable to spouses Alonto, it
must be proven that the acts he committed had caused damage to the spouses.

Instances when the extinction of the criminal liability does not extinguish civil liability.

*reasonable doubt. When the acquittal is based that proof beyond reasonable doubt has not been
presented.

*Non-imputability. In cases of insanity, imbecility or minority.

*In actions for negligence. Civil liability may be based on quasi-delict

*Only civil liability.

*Independent civil actions. ART 31, 32, 33 and 34 of NCC.

Under the Rules of Court; Criminal Procedure.

When a criminal action is instituted, the civil action for recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless:

*Offended party waives the civil action

*Offended party reserves the right to institute it separately;

*Offended party institutes the civil action prior to the criminal action.

Separate civil action.

*The filing of a criminal action is not necessary to the filing of and prosecution of a civil action, thus the
term separate civil action.

*However, once a criminal action has been filed, there are two scenarios that may arise

1. If the criminal action is filed ahead of the separate civil action - the separate civil action arising
therefrom cannot be instituted until final judgement has been rendered in the criminal action.
2. If the civil action is filed ahead of the criminal action the civil action shall be suspended in whatever
stage before judgement on the merits. Suspension shall last until final judgement.

Applicability of the rules.

Identity of parties and subject matter.

The claimant in the civil action is the offended party in the criminal action and both cases arise from the
same offense or transaction.

Separate civil action

*If the offended party has reserved the right to file a separate civil action, he loses the right to intervene
in the prosecution of the criminal case.

*If the offended party is represented by a private prosecutor in the criminal case and the court did not
award any civil liability, he cannot file an independent civil action for said civil liability.

Prejudicial question

*Generally, a criminal case should be decided first before the civil action arising from the crime. An
exception to the rule is a Prejudicial Question.

*A prejudicial question is a civil case that must be decided first before the criminal action. It requires (1)
a previously instituted civil action whose issues are similar or intimately related to the issues raised in a
subsequent criminal action, and (2) the resolution of such issue determines whether the criminal action
may proceed or not. (Sec. 6, Rule 111 RRC)

*A civil action where the genuineness of a document is put in issue is prejudicial to the criminal case for
falsification of the same document.

*A petition for the annulment of a subsequent marriage on grounds of duress is a prejudicial question to
a criminal case for bigamy.

Pp vs Jadap, GR No 177983, Mar 30, 2010

As to damages, when death occurs due to a crime, the following may be awarded: (1) civil indemnity ex
delicto for death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary
damages; and (5) temperate damages.

Without need of further proof

Civil indemnity is mandatory and granted to the heirs of the victim without need of proof other than the
commission of the crime. In cases of murder and homicide, moral damages may be awarded without
allegation and proof of emotional suffering of the heirs, other than the death of the victim, since the
emotional wounds from the vicious killing of the victim cannot be denied. (Jadap)
Exemplary damages

ART 2230 of the Civil Code states that exemplary damages may be imposed when the crime was
committed with one or more aggravating circumstances, as in this case. (Jadap)

Pp vs Rante, GR No 184808, Mar. 29, 2010

Being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of
an aggravating circumstance, but also where the circumstance of the case show the highly reprehensible
or outrageous conduct of the offender.

Simple Rape

As to the amount of damages, the Court finds as correct the award of P50,000.00 as civil indemnity and
P50,000.00 as moral damages in line with prevailing jurisprudence. (Pp vs Dalisay, GR No. 188106, Nov.
25, 2009)

*Exemplary damages in the amount of P30,000.00 was also awarded.

Qualified Rape

Civil indemnity - P75,000.00

Moral damages - P75,000.00

Exemplary - P30,000.00

Awarded without need of further proof other than the commission of the crime. (Pp vs Garcia, GR No.
177740, April 5, 2010)

Homicide; Civil Indemnity

Civil indemnity - without need of proof other than that a crime was committed resulting in the death of
the victim and that petitioner was responsible therefore P50,000.00 (Seguritan vs Pp, GR No. 172896,
April 19, 2010)

Loss of earning capacity

The award of P135,331.00 for the loss of earning capacity was also in order. The prosecution
satisfactorily proved that the victim was earning an annual income of P14,000.00 from the harvest of
pineapples. Besides, the defense no longer impugned this award of the trial court. (Seguritan)

Actual damages; receipts

It is error for the trial court and the appellate court to award actual damages of P30,000.00 for the
expenses incurred for the death of the victim. We perused the records and did not find evidence to
support the plea fro actual damages. (Seguritan)
Temperate damages

When pecuniary loss has been suffered but the amount cannot, from the nature of the case, be proven
with certainty, temperate damages may be recovered (P25,000.00). (Seguritan)

In people vs Villanueva, we held that when actual damages proven by receipts during the trial amount
to less than P25,000.00 is justified in lieu of actual damages for a lesser amount. (Quidet vs Pp, GR No.
170289, April 8, 2010)

Actual damages

Moral damages

Moral damages was correctly awarded to the heirs of the victim without need of proof other than the
fact that a crime was committed resulting in the death of the victim and that the accused was
responsible therefor. The award of P50,000.00 as moral damages conforms to existing jurisprudence.
(Seguritan)

ART 101. The following shall be civilly liable.

*Insanity, imbecility and minority, the person having legal authority or control. If the said person can
prove that there was no fault or negligence on his part, the insane, imbecile or minor shall answer with
his own property.

*Avoidance of greater evil or injury, the person for whose benefit the harm has been prevented in
proportion to the benefit which he may have received.

*Compulsion of an irresistible force or under the impulse of an uncontrollable fear, those using violence
or causing fear shall be civilly liable.

ART 102. Subsidiary civil liability.

Innkeepers, tavern keepers, any other person where a crime is committed in their establishment.

A violation of municipal ordinance or a general or special police action is committed by tem or their
employees.

also subsidiarily liable

1. Notice in advance of the deposit of the goods.

2. Follow the directions of the innkeeper in the care and vigilance of the goods
3. The goods were taken by robbery with force upon things or theft committed within the inn or
house.

ART 103. Subsidiary civil liability of other persons.

 1. Employers,
2. Teachers,
3. Persons or corporations engaged in any kind of industry

*Felony committed by servants, pupils, workmen, apprentices, or employees while in the discharge of
duties.

*Must be involved in any kind of industry.

*The felon is insolvent.

Decision convicting the employee

Binding on the employer. The decision need not expressly state the liability of the employer.

The decision regarding the civil liability is binding in the employer not only with the fact of the liability
but also with respect to the amount.

What must be proved.

1. Employer of the convicted employee.

2. Engaged in industry.
3. Crime committed in the discharge of duty.
4. Execution is unsatisfied; employee is insolvent.

Need not be in a separate civil action; hearing in the criminal action with notice to the employer.

ART 104 What is included in civil liability

1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for the consequential damages.

Restitution return of the thing stolen in cases of theft

Reparation - in theft if the thing stolen cannot be returned, its values. In physical injuries, the expenses
for the treatment of the injuries.

Indemnification loss of earning capacity

Civil liability vs Pecuniary Liability

Pecuniary liability (ART 38)

-reparation;

-indemnification;
-fine;

-costs.

Civil liability (ART 104)

-restitution;

-reparation;

-indemnification

ART 105 Restitution

Restitution refer to the very same thing taken/stolen.

To give something similar in kind, amount, species or quality is not restitution.

Restitution

Generally, the owner of a thing illegally taken may recover it even from a third person who has acquired
it by lawful means.

When the third person acquires the item in good faith at a public sale, the owner cannot obtain its
return without reimbursing the price paid therefore.

Restitution is no longer an option when the acquisition of the item is in the manner and under the
requirements which, by law, bar an action for recovery.

*A person who is not a party to a case cannot recover in the criminal action any indemnity from the
accused

*If A stole from B, and sold the stolen item to C. if the item is recovered from C he cannot recover from
A in case where B is the offended party.

ART 106 Reparation

Reparation will be ordered by the court if restitution is not possible.

Reparation includes any damages caused by the felonious act.

It includes the items special sentimental value to the injured party.

ART 107 Indemnification

Indemnification - crimes against persons

Reparation - crimes against property

Examples of Indemnification:

-expenses for hospitalization in physical injuries

-suffering of surviving family members

-loss of earning capacity

Loss of earning capacity

Both the RTC and the CA failed to consider that under ART 2206 of the Civil Code, the accused are also
jointly and severally liable for the loss of the earning capcity of Biag and such indemnity should be paid
to his heirs. (Pp vs Lagat, GR 187044, Sept 14, 2011)

ART 108 Obligation to satisfy civil liability; right to demand

Obligation - heirs of the person liable.

Right to demand heirs of the person injured.

Obligation is dependent on what property was left by the person liable.

ART 109 Share of each person civilly liable

Courts shall determine the amount for which each person must be personally liable.

ART 111 Obligation to make restitution

In this article, the person must not be criminally liable.

He participates gratuitously in the proceeds of the crime.

ART 112. Extinction of civil liability

Same causes for the extinguishment of civil obligations.

-payment or performance;

-loss of the thing dues;

-condonation or remission;

-confusion or merger;

-compensation;
-novation;

ART 113. Obligation to satisfy civil liability.

Notwithstanding service of sentence, or amnesty, pardon, commutation, an offender shall continue to

be obliged to satisfy civil liability resulting from crime.