Indeterminate sentence law, Probation, Execution and Service of Penalties (Article 78-113)

Minimum term

A convict who is prescribed to an indeterminate sentence shall serve until the _______ of their sentence before being reevaluated to be either freed or to serve the remainder of his sentence

1. punished by death penalty or life imprisonment

2. crimes against national security

3. pirates

4. habitual delinquents

5. sentence evaders

6. did not meet the conditions of conditional pardon by President

7. sentenced to final judgement prior to approval

These people are exempted from benefitting from the Indeterminate Sentence Law

Act no. 4103

Act instituting the Indeterminate Sentence Law

Act no. 4225

Act amending the Indeterminate Sentence Law

Within range of the penalty 1 degree lower than that prescribed

This is the range of the minimum term to be served out under ISL

Probation

A person may apply for such in order to be able to serve their sentence outside of prison while still regularly abiding by the given conditions set to him by a probation officer

1. sentenced to more than 6 years of imprisonment

2. commits crimes against national security

3. habitual delinquents

4. have been under probation

These people are disqualified from applying for probation

Article 78

states that no penalty shall be executed unless by virtue of final judgement and that the penalty shall be that which is provided by law

Insane or Imbecile

If a person becomes ________, their sentence shall be suspended until they recover.

Electrocution

The death sentence is to be carried out by:

1. A woman while she is preganant

2. A woman 1 year after her delivery

3. A person over 70 years of age

These persons convicted to a death sentence shall have their sentence either suspended or shall be reduced to reclusion perpetua:

1. if not claimed by the family, be donated to an educational institution

2. the burial be not held with pomp

The body of those executed shall be subject to:

1. reclusion perpetua

2. reclusion temporal

3. prision mayor

4. prision correcional

5. arresto mayor

These punishments shall be served out at the provided penal establishments which have been regionalized

Destierro

This punishment prohibits the felon from trespassing a certain radius between 25-250 kilometers from a designated place

Arresto menor

This punishment shall be served at the municipal jail or in the house given that they be under the surveillance of an officer of the law

Death

This is one of the ways wherein criminal liability is extinguished due to the fact the penalty is heavily personal and the lack of the person effectively extinguishes their criminal liability

Heirs

they are deemed responsible for any civil liability that a dead offender may have left behind 

Amnesty

This is usually given to political offenders and given even before or after the trial which extinguishes a person’s criminal liability via proclamation with the Congress

Pardon

Umbrella term given to those who have been convicted and is executed by the President

Rape

This crime allows the offender to extinguish their criminal liability by marrying the offended woman as per Article 344 of the RPC

Prescription of the crime

This is when the state loses the right to prosecute the offender after the lapse of a certain time

Prescription of the penalty

This is when the State loses the right to execute the punishment after the lapse of a certain time

Death, Reclusion temporal

The prescription for these crimes is 20 years

Afflictive penalties

Crimes whose penalties fall under this term is prescribed for 15 years

Correctional penalties

Crimes whose penalties fall under this term, except for Arresto mayor is prescribed for 10 years

5 years

This is the prescription period of crimes punishable by arresto mayor

Libel or other similar offenses

These crimes are prescribed one year

oral defamation, slander by deed

These are crimes which are prescribed for 6 months

Light offenses

Crimes whose penalties fall under this term is prescribed for 2 months

20 years

The period wherein the punishment of death and reclusion temporal may be executed is

15 years

The period wherein the punishment of death and reclusion temporal may be executed is within

10 years

The period wherein the punishment of afflictive penalties be executed is within

5 years

The period wherein the punishment of correctional penalties be executed is within

1 year

The period wherein the punishment of light penalties be executed is within

Partial extinction of criminal liability

The conditions:

1. conditional pardon

2. commutation/reduction of sentence

3. good conduct allowances which are gained during preventive imprisonment

will allow for the PDL to experience a __________

5 days

During the first two years of his imprisonment, he shall be allowed a deduction of _______ for each month of good behavior

8 days

During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of ______ for each month of good behavior

10 days

During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of _____ for each month of good behavior

15 days

During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of _______ for each month of good behaviour.

Special time allowance for loyalty

This is when a deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article

2/5

this is the deduction a prisoner may achieve if they chose to stay in his place of confinement except for during calamity or catastrophe

Article 100

states that persons criminally liable are also civilly liable

Subsidiary civil liability

This is imposed upon persons who has people under their authority during the exercise of their duty commits a felony and gains civil liability

Restitution

This is when the thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him.

Reparation

This is when the person shall pay the amount of damages done including its sentimental value to the injured party and is usually the term used if the crime committed was against property

Indemnification

This is when the person shall suffer the consequential damages caused to the injured party and their family