Criminal Law 1

SUPPLEMENTAL READING MATERIAL 6

INDETERMINATE SENTENCE LAW (Act No. 4103, as amended)

a. Application on the Imposed Sentence

· When the crime is punished by the RPC:

Section 1. Hereafter, in imposing a prison sentence for an the 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 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

· When the crime is punished by a special law:

Section 1. x x x if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same.

· The Indeterminate Sentence Law (ISLaw) is applied as follows:

Ø The maximum term is determined according to the rules of the RPC.

Ø The rules of the RPC are not applicable in fixing the minimum term.

Ø The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence.

b. Coverage

· The ISLaw is mandatory when imprisonment would exceed one year. It will not apply when:

Ø Sec. 2. This Act shall not apply to persons convicted of offenses punished with death or life imprisonment; to those convicted
of treason, conspiracy or proposal to commit treason; to those convicted of piracy; to those who are habitual delinquents, to those
who have escape 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.

Ø It will not apply to non-divisible penalties and destierro.

c. Conditions of Parole

Sec. 6. Every prisoner released from confinement or parole by virtue of this Act shall, at such times and in such manner as may
be required by the conditions of his parole, as may be designated by the said Board for such purpose, report personally to such
government officials or other parole officers hereafter appointed by the Board of Indeterminate Sentence for a period of
surveillance equivalent to the remaining portion of the maximum sentence imposed upon him or until final release and discharge
by the Board of Indeterminate Sentence as herein provided. x x x The limits of residence of such paroled prisoner during his
parole may be fixed and from time to time changed by the said Board in its discretion. If during the period of surveillance such
paroled prisoner shall show himself to be law-abiding citizen and shall violate any of the laws of the Philippine Islands, the Board
of Indeterminate Sentence may issue a final certificate of release in his favour, which shall entitle him to final release and
discharge.

PROBATION LAW (P.D. 968, as amended)

a. Definition of Terms

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires, be construed
thus:

(a) “Probation” is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer.

(b) “Probationer” means a person placed on probation.

(c) “Probation officer” means one who investigates for the court a referral for probation or supervises a probationer or both.

b. Purpose

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) Promote the correction and rehabilitation of an offender by providing him with individualized treatment;

(b) Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison
sentence; and

(c) Prevent the commission of offenses.

c. Grant of Probation, Manner and Conditions

· Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of said defendant, suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms and conditions as it may deem best.

· Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken from the sentence of
conviction. The filing of the application shall be deemed a waiver of the right to appeal, or the automatic withdrawal of a
pending appeal.

· An order granting or denying probation shall not be appealable.

· Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the
probationer shall:
(a) Present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order
within seventy-two hours from receipt of said order;

(b) Report to the probation officer at least once a month at such time and place as specified by said officer.

· The court may also require the probationer to:

(a) Cooperate with a program of supervision;

(b) Meet his family responsibilities;

(c) Devote himself to a specific employment and not to change said employment without the prior approval of the probation
officer;

(d) Undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified institution,
when required for that purpose;

(e) Pursue a prescribed secular study or vocational training;

(f) Attend or reside in a facility established for instruction, recreation or residence of persons on probation;

(g) Refrain from visiting houses of ill-repute;

Abstain from drinking intoxicating beverages to excess;

(i) Permit to probation officer or an authorized social worker to visit his home and place of work;

(j) Reside at premises approved by it and not to change his residence without its prior written approval; or

(k) Satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.

d. Criteria of Placing an Offender on Probation

Under Section 8 of the Probation law, in determining whether an offender may be placed on probation, the court shall consider:

(a) All information relative to the

1. Character

2. Antecedents

3. Environment

4. Mental and

5. Physical condition of the offender, and

(b) Available institutional and community resources.

1. The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

2. There is undue risk that during the period of probation the offender will commit another crime; or

3. Probation will depreciate the seriousness of the offense committed.

e. Disqualified Offenders

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) Sentenced to serve a maximum term of imprisonment of more than six years,

(b) Convicted of any offense against the security of the State,

(c) Who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than Two Hundred Pesos;

(d) Who have been once on probation under the provisions of this Decree; and

(e) Who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section
33 hereof.

f. Period of Probation

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two
years, and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the
period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as
computed at the rate established in Art. 39 of the RPC, as amended.

g. Arrest of Probationer

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue a warrant for the
arrest of a probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing, which may be informal and summary, of the violation charged. The
defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this provision. If the violation is established, the court
may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve
the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall
not be appealable.
h. Termination of Probation

Section 16. Termination of Probation. After the period of probation and upon consideration of the report and recommendation of
the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and
conditions of his probation and thereupon the case is deemed terminated. The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspended as a result of his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was granted. x x x

Exception: The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165)

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers – Any person convicted for drug
trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the
Probation law of Presidential Decree No. 968, as amended.

JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. 9344); ALSO REFER TO CHILD AND YOUTH WELFARE
CODE (P.D. 603, AS AMENDED)

a. Definition of Child in Conflict With the Law

R.A. 9344, Title I, Chapter II, Section 4. – (e) “Child in conflict with the law” refers to a child who is alleged as, accused, or
adjudged as, having committed an offense under Philippine laws.

b. Exemption From Criminal Liability

R.A. 9344, Title I, Chapter II, Section 6. Minimum Age of Criminal Responsibility – A child fifteen (15) years of age or under at
the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act. x x x

c. Juvenile Justice and Welfare System

· R.A. 9344, Title IV, Section 20, provides: Sec. 20. Children Below the Age of Criminal Responsibility – If it has been
determined that the child taken into custody is fifteen years old and below, the authority which will have an initial contact with
the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the
child’s nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine
the appropriate programs in consultation with the child and to the person having custody over the child. If the parent, guardians
or nearest relatives cannot located, or if they refuse to take custody, the child may be released to any of the following: a duly
registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection
of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child
referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by
his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary
commitment shall be filed by the DSWD of Local Social Welfare and Development Office pursuant to Presidential Decree No.
603, otherwise known as “The Child and Youth Welfare Code.”

· R.A. 9344, Title V, Chapter 5 provides:

Ø Sec. 38. Automatic Suspension of Sentence – Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which
may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall
place the child in conflict with the law under suspended sentence without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile is already eighteen (18) years of age or more at the time of the
pronouncement of his/her guilt. Upon suspension of sentence and after considering the various circumstances of the child, the
court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict With the
Law.

Ø Sec. 39. Discharge of the Child in Conflict with the Law – Upon the recommendation of the social worker who has custody of
the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition
measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures
have been fulfilled. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced in accordance with law.

Ø Sec. 40. Return of the Child in Conflict With the Law to Court – If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has
wilfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law
shall be brought before the court for execution of judgment. If said child in conflict with the law has reached eighteen (18) years
of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to
order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the
maximum age of twenty-one (21) years.

Ø Sec. 41. Credit in Service of Sentence – The child in conflict with the law shall be credited in the services of his/her sentence
with the full time spent in actual commitment and detention under this Act.

Ø Sec. 42. Probation as an Alternative to Imprisonment – The court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking
into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the
“Probation Law of 1976”, is hereby amended accordingly.