APPLICATION OF INDETERMINATE SENTENCE LAW EXPLAINED

 People

VS

Saley

GR 121179

[July 2, 1998]

In the case of People vs. Gabres, the Court has had occasion to so state that —

 “Under the Indeterminate Sentence Law, the maximum term of the penalty shall be ‘that which, in view of the attending circumstances, could be properly imposed’ under the Revised Penal Code, and the minimum shall be within the range of the penalty next lower to that prescribed’ for the offense. The penalty next lower should be based on the penalty prescribed by the Code for the offense, without first considering any modifying circumstance attendant to the commission of the crime. The determination of the minimum penalty is left by law to the sound discretion of the court and it can be anywhere within the range of the penalty next lower without any reference to the periods into which it might be subdivided. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence.

“The fact that the amounts involved in the instant case exceed P22,000.00 should not be considered in the initial determination of the indeterminate penalty; instead, the matter should be so taken as analogous to modifying circumstances in the imposition of the maximum term of the full indeterminate sentence. This interpretation of the law accords with the rule that penal laws should be construed in favor of the accused. Since the penalty prescribed by law for the estafa charge against accused-appellant is prision correccional maximum to prision mayor minimum, the penalty next lower would then be prision correccional minimum to medium. Thus, the minimum term of the indeterminate sentence should be anywhere within six (6) months and one (1) day to four (4) years and two (2) months . . .”

INDETERMINATE SENTENCE LAW;

APPLICABLE ALSO IN DRUG CASES:

 People

VS

Martin Simon

The final query is whether or not the Indeterminate Sentence Law is applicable to the case now before us. Apparently it does, since drug offenses are not included in nor has appellant committed any act which would put him within the exceptions to said law and the penalty to be imposed does not involve reclusion perpetua or death, provided, of course, that the penalty as ultimately resolved will exceed one year of imprisonment. The more important aspect, however, is how the indeterminate sentence shall be ascertained. It is true that Section 1 of said law, after providing for indeterminate sentence for an offense under the Revised Penal Code, states that “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” We hold that this quoted portion of the section indubitably refers to an offense under a special law wherein the penalty imposed was not taken from and is without reference to the Revised Penal Code, as discussed in the preceding illustrations, such that it may be said that the “offense is punished” under that law. There can be no sensible debate that the aforequoted rule on indeterminate sentence for offenses under special laws was necessary because of the nature of the former type of penalties under said laws which were not included or contemplated in the scale of penalties in Article 71 of the Code, hence there could be no minimum “within the range of the penalty next lower to that prescribed by the Code for the offense,” as is the rule for felonies therein. In the illustrative examples of penalties in special laws hereinbefore provided, this rule applied, and would still apply, only to the first and last examples. Furthermore, considering the vintage of Act No. 4103 as earlier noted, this holding is but an application and is justified under the rule of contemporanea expositio. Republic Act No. 6425, as now amended by Republic Act No. 7659, has unqualifiedly adopted the penalties under the Revised Penal Code in their technical terms, hence with their technical signification and effects. In fact, for purposes of determining the maximum of said sentence, we have applied the provisions of the amended Section 20 of said law to arrive at prision correccional and Article 64 of the Code to impose the same in the medium period. Such offense, although provided for in a special law, is now in the effect punished by and under the Revised Penal Code.

WHEN THE BENEFITS OF INDETERMINATE SENTENCE LAW IS NOT APPLICABLE;

a.       Offenses punished by death or life imprisonment.

b.     Those convicted of treason (Art. 114), conspiracy or proposal to commit treason (Art. 115).

c.      Those convicted of misprision of treason (Art. 116), rebellion (Art. 134), sedition (Art. 139), or espionage (Art. 117).

d.     Those convicted of piracy (Art. 122).

e.     Habitual delinquents (Art. 62, par. 5).

f.      Those who escaped from confinement or those who evaded sentence.

g.       Those granted conditional pardon and who violated the terms of the same (Art. 159). (People v. Corral, 74 Phil. 359).

1. Those whose maximum period of imprisonment does not          exceed one year.

i.     Those who are already serving final judgment upon the      approval of the Indeterminate Sentence Law.

j.     those offenses or crimes not punishable by imprisonment such as distierro and suspension.