What is the Indeterminate Sentence Law?

Answer

For most offenses, the Indeterminate Sentence Law requires courts to impose a sentence with a minimum and a maximum term rather than a single fixed term. For crimes under the Revised Penal Code, the maximum is the penalty properly imposable after considering the circumstances, and the minimum is taken from the penalty one degree lower — allowing the convict to become eligible for parole after serving the minimum.

The law does not apply to certain cases — for example, where the penalty imposed is reclusion perpetua or another indivisible penalty. The full report explains how the minimum and maximum are computed.

Sources & further reading

• RPC Art. 25 — penalties
• Full report: penalties under the RPC

Cases on this topic

• Felomino v. People
• Lacanilao v. CA
• Maclang v. De Lima
• People v. Amit
• People v. Benito
• People v. Beth Temporada
• People v. Dimalanta
• People v. Ducosin

Related questions

• What is reclusion perpetua?
• What are the penalties under the Revised Penal Code?
• How do mitigating and aggravating circumstances affect the penalty?
• What is subsidiary imprisonment?