Unislawable cases (Act 4103)


Project Jurisprudence, today June 19, 2017, hereby coins the terms "islawable" and "non-islawable" or "unislawable."

Under the Indeterminate Sentence Law (ISLAW; Act 4103), in imposing a prison sentence for an 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 the 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; and 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.

"Islawable" means cases to which ISLAW (Act 4103) applies. "Unislawable" means cases to which ISLAW does not apply.

The following cases are unislawable:

[1] Those for which the imposable penalty is death
[2] Those for which the imposable penalty is reclusion perpetua
[3] Those for which the imposable penalty is life imprisonment
[4] Cases of treason
[5] Cases of misprision of treason
[6] Cases of conspiracy to commit treason
[7] Cases of proposal to commit treason
[8] Cases of rebellion
[9] Cases of sedition
[10] Cases of piracy
[11] Where the accused is a habitual deliquent
[12] Where the accused is an evader of service of sentence
[13] Where the accused is an escapee
[14] Where the accused is a violator of conditional pardon
[15] Where the penalty does not exceed one (1) year