of Appeals,[19] this Court ruled that the application of the Indeterminate Sentence Law is mandatory to both the Revised Penal Code and the special laws, and in the same ruling, this Court summarized the application and non-application of the Indeterminate Sentence Law, to wit: x x x It is basic law that x x x the application of the Indeterminate Sentence Law is mandatory where imprisonment exceeds one (1) year, except only in the following cases: 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). Recidivists are entitled to an Indeterminate sentence. (People v. Jaramilla, L-28547, February 22, 1974) Offender is not disqualified to avail of the benefits of the law even if the crime is committed while he is on parole. (People v. Calreon, CA 78 O. G. 6701, November 19, 1982). f. Those who escaped from confinement or those who evaded sentence. g. Those granted conditional pardon and who violated the terms of the same. (People v. Corral, 74 Phil. 359). h. Those whose maximum period of imprisonment does not exceed one (1) year. Where the penalty actually imposed does not exceed one (1) year, the accused cannot avail himself of the benefits of the law, the application of which is based upon the penalty actually imposed in accordance with law and not upon that which may be imposed in the discretion of the court. (People v. Hidalgo, [CA] G.R. No. 00452-CR, January 22, 1962). i. Those who are already serving final judgment upon the approval of the Indeterminate Sentence Law. The need for specifying the minimum and maximum periods of the indeterminate sentence is to prevent the unnecessary and excessive deprivation of liberty and to enhance the economic usefulness of the accused, since he may be exempted from serving the entire sentence, depending upon his behavior and his physical, mental, and moral record. The requirement of imposing an indeterminate sentence in all criminal offenses whether punishable by the Revised Penal Code or by special laws, with definite minimum and maximum terms, as the Court deems proper within the legal range of the penalty specified by the law must, therefore, be deemed mandatory.[20] The Indeterminate Sentence Law provides that if, as in this case, the offense is punished by a law other than the Revised Penal Code, 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. The imposable penalty is imprisonment of not less than four (4) years but not more than eight (8) years; hence, the proper penalty imposed should be within the range of four (4) years to eight (8) years. Thus, applying the Indeterminate Sentence Law, the Court can impose the minimum and maximum terms of the penalty of imprisonment within the range of four (4) years to eight (8) years. WHEREFORE, the Petition for Review on Certiorari dated March 25, 2006 of petitioner Delia D. Romero is hereby DENIED. Consequently, the Decision dated July 18, 2005 and Resolution dated February 13, 2006 of the Court of Appeals, affirming the Decision dated February 24, 2004 of the Regional Trial Court, finding petitioner guilty beyond reasonable doubt of the crime of Illegal Recruitment as defined in paragraph (a) of Article 38 of Presidential Decree (P.D.) No. 2018, are hereby AFFIRMED with the MODIFICATION that the penalty imposed should be imprisonment of four (4) years, as minimum, to seven (7) years, as maximum, and a fine of P100,000.00 plus cost and for petitioner to return the amount of $3,600.00 or its