It is a sentence with a maximum term and a minimum term, which the court is mandated to impose for the benefit of a guilty person who is not disqualified therefore, when the maximum imprisonment exceeds 1 year.
It applies to both violations of the Revised Penal Code and Special Law.
Purpose of ISLAW
Its purpose is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness.
Maximum and Minimum Term of ISLAW
1. No aggravating and mitigating circumstances - impose the penalty prescribed by law.
2. Only aggravating circumstances - impose the maximum period.
3. Only mitigating circumstances - impose the minimum period.
4. Both mitigating and aggravating circumstances are present - Offset.
5. Two or more mitigating circumstances and there is no aggravating circumstances - impose the penalty next lower to what is prescribed by law.
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