Understanding the Indeterminate Sentence Law and Penalties

Indeterminate Sentence Law

Law allowing flexible sentencing for certain crimes.

Principal Penalties

Penalties explicitly specified in a conviction judgment.

Accessory Penalties

Penalties included with principal penalties by law.

Capital Penalty

Most severe penalty, typically death sentence.

Afflictive Penalties

Severe penalties like reclusion perpetua or temporal.

Correctional Penalties

Penalties including prision correccional and arresto mayor.

Light Penalties

Minor penalties like arresto menor or fines.

Grave Felonies

Crimes punishable by capital or afflictive penalties.

Less Grave Felonies

Crimes punished with correctional penalties maximum.

Light Felonies

Infractions with minor penalties or fines under 40,000 pesos.

Indivisible Penalties

Penalties with no fixed duration, cannot be divided.

Divisible Penalties

Penalties with fixed duration, can be divided into periods.

Preventive Imprisonment

Time served before trial, deducted from sentence.

Good Conduct Allowance

Reduction of sentence for good behavior in prison.

Complex Crimes

Single act constituting multiple offenses, harsher penalty applied.

Order of Severity

Hierarchy of penalties determining execution order.

Three-fold Rule

Maximum sentence duration limited to three times most severe penalty.

Public Censure

Formal reprimand included as an indivisible penalty.

Civil Interdiction

Restriction on civil rights as an accessory penalty.

Indemnification

Compensation for damages as part of penalties.

Forfeiture

Confiscation of crime-related instruments and proceeds.

Suspension from Office

Temporary removal from public office as a penalty.

Reclusion Perpetua

Indivisible penalty lasting 20 years and 1 day to 40 years.

Indivisible Penalty

Penalty that cannot be divided into lesser terms.

Graduated Scale

Hierarchy of penalties from least to most severe.

SCALE NO. 1

Includes disqualifications and fines as penalties.

SCALE NO. 2

Includes death and various prison terms.

Penalty for Simple Rape

Reclusion perpetua is the prescribed penalty.

Penalty for Serious Illegal Detention

Death is the prescribed penalty.

Penalty for Homicide

Reclusion temporal is the prescribed penalty.

Prision Mayor

Penalty next lower than reclusion temporal.

Prision Correccional

Penalty next lower than prision mayor.

Arresto Mayor

Penalty next lower than prision correccional.

Mitigating Circumstances

Factors that may reduce the severity of a penalty.

Aggravating Circumstances

Factors that increase the severity of a penalty.

Habitual Delinquency

Repeated commission of crimes affecting penalties.

Maximum Penalty

Highest penalty imposed regardless of mitigating factors.

Public Position Advantage

Using one's official position to commit a crime.

Organized Crime Group

Group involved in systematic criminal activities.

Voluntary Surrender

Willingly reporting to authorities after committing a crime.

Confession

Admission of guilt regarding a crime committed.

Penalty Next Lower in Degree

Penalty immediately following a prescribed penalty.

Two Indivisible Penalties

Two penalties that cannot be divided or reduced.

Medium Period

Intermediate duration within a divisible penalty range.

Minimum Period

Shortest duration within a divisible penalty range.

Maximum Period

Longest duration within a divisible penalty range.

Tabulation of Provisions

Summary of legal rules and their applications.

Reclusion Temporal

Imprisonment for a fixed term, typically 12-20 years.

Quasi-recidivism

New felony committed while serving a sentence.

Discernment

Ability to understand consequences of actions.

Penalty for Minors

Reduced penalties for offenders under 18.

Incomplete Accident

Penalties for crimes lacking full justification.

Fines Imposition

Court-determined penalties based on offender's wealth.

Privileged Mitigating Circumstance

Factors significantly reducing penalties.

Accessory Liability

Penalties for public officers aiding crimes.

Serious Physical Injuries

Severe harm causing significant impairment.

Less Serious Physical Injuries

Injuries causing minor impairment or suffering.

Robbery

Taking property through force or intimidation.

Estafa

Fraud or deceit to gain property.

Falsification

Altering documents to mislead or deceive.

Slight Illegal Detention

Minor unlawful restraint of a person's freedom.

Homicide

Unlawful killing of another person.

Penalty Reduction

Lowering penalties based on specific circumstances.

Absolute Perpetual Disqualification

Penalty for grave felony principal offenders.

Absolute Temporary Disqualification

Penalty for less grave felony principal offenders.

Fine Range

200 to 500 pesos for impossible crimes.

Consummated Offense

Principal penalty is zero according to Article 46.

Frustrated Offense

Penalty reduced by one degree from consummated.

Attempted Offense

Penalty reduced by two degrees from consummated.

Homicide Penalty

Reclusion temporal as per Article 249.

Subsidiary Imprisonment

Imprisonment for unpaid fines, 1 day per 8 pesos.

Principal Penalty

Main punishment imposed for a crime.

Accessory Penalty

Additional punishment related to principal penalty.

Light Felony

Less severe crime with lighter penalties.

Grave Felony

Serious crime with severe penalties.

Fine

Monetary penalty imposed by the court.

Death Penalty

Capital punishment, now replaced by reclusion perpetua.

Aggravating Circumstance

Factor increasing the severity of a penalty.

Mitigating Circumstance

Factor reducing the severity of a penalty.

Offset Rule

Mitigating and aggravating circumstances balance each other.

Special Mitigating Circumstance

Unique factors affecting penalty application.

Divisible Penalty

Penalty that can be divided into periods.

Three Periods

Penalties divided into minimum, medium, and maximum.

Murder

Unlawful killing with intent or aggravating factors.

Parricide

Killing of a close relative.

Serious Illegal Detention

Unlawful confinement with aggravating factors.

Insolvency

Inability to pay debts or fines.

Treachery

Surprise attack enhancing the crime's severity.

Obvious Ungratefulness

Aggravating factor showing lack of gratitude.

Fixed Duration Penalty

Penalty with a set time frame.