A0 - Indeterminent Sentence Law Act No 4103

Act No.
4103
The Indeterminate Sentence Law
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
FUNDS THEREFOR; AND FOR OTHER PURPOSES.
ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
FUNDS THEREFOR; AND FOR OTHER PURPOSES.
Section 1. Hereafter, 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.
Sec. 2. This Act shall not apply to persons convicted of offenses punished with
death penalty or life-imprisonment; to those convicted of treason, conspiracy or
proposal to commit treason; to those convicted of misprision of treason, rebellion,
sedition or espionage; to those convicted of piracy; to those who are habitual
delinquents; to those who have escaped from confinement or evaded sentence; to
those who having been granted conditional pardon by the Chief Executive shall
have violated the terms thereof; to those whose maximum term of imprisonment
does not exceed one year, not to those already sentenced by final judgment at the
time of approval of this Act, except as provided in Section 5 hereof.
Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of
the Secretary of Justice who shall be its Chairman, and four members to be
appointed by the President, with the consent of the Commission on Appointments
who shall hold office for a term of six years: Provided, That one member of the
board shall be a trained sociologist, one a clergyman or educator, one psychiatrist
unless a trained psychiatrist be employed by the board, and the other members
shall be persons qualified for such work by training and experience. At least one
member of the board shall be a woman. Of the members of the present board, two
shall be designated by the President to continue until December thirty, nineteen
hundred and sixty-six and the other two shall continue until December thirty,
nineteen hundred and sixty-nine. In case of any vacancy in the membership of the
Board, a successor may be appointed to serve only for the unexpired portion of the
term of the respective members.
Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and
regulations as may be necessary for carrying out its functions and duties. The
Board is empowered to call upon any bureau, office, branch, subdivision, agency
or instrumentality of the Government for such assistance as it may need in
connection with the performance of its functions. A majority of all the members
shall constitute a quorum and a majority vote shall be necessary to arrive at a
decision. Any dissent from the majority opinion shall be reduced to writing and
filed with the records of the proceedings. Each member of the Board, including the
Chairman and the Executive Officer, shall be entitled to receive as compensation
fifty pesos for each meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the Revised Administrative
Code, and in addition thereto, reimbursement of actual and necessary traveling
expenses incurred in the performance of duties: Provided, however, That the
Board meetings will not be more than three times a week.
Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into
the physical, mental and moral record of the prisoners who shall be eligible to
parole and to determine the proper time of release of such prisoners. Whenever
any prisoner shall have served the minimum penalty imposed on him, and it shall
appear to the Board of Indeterminate Sentence, from the reports of the prisoner's
work and conduct which may be received in accordance with the rules and
regulations prescribed, and from the study and investigation made by the Board
itself, that such prisoner is fitted by his training for release, that there is a
reasonable probability that such prisoner will live and remain at liberty without
violating the law, and that such release will not be incompatible with the welfare
of society, said Board of Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted hereunder, authorize the
release of such prisoner on parole, upon such terms and conditions as are herein
prescribed
and
as
may
be
prescribed
by
the
Board.
The
said
Board
of
Indeterminate Sentence shall also examine the records and status of prisoners
who shall have been convicted of any offense other than those named in Section 2
hereof, and have been sentenced for more than one year by final judgment prior to
the date on which this Act shall take effect, and shall make recommendation in all
such cases to the Governor-General with regard to the parole of such prisoners as
they shall deem qualified for parole as herein provided, after they shall have
served a period of imprisonment not less than the minimum period for which they
might have been sentenced under this Act for the same offense.
Sec. 6. Every prisoner released from confinement on parole by virtue of this Act
shall, at such times and in such manner as may be required by the conditions of
his parole, as may be designated by the said Board for such purpose, report
personally to such government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum sentence imposed upon him
or until final release and discharge by the Board of Indeterminate Sentence as
herein provided. The officials so designated shall keep such records and make
such reports and perform such other duties hereunder as may be required by said
Board. The limits of residence of such paroled prisoner during his parole may be
fixed and from time to time changed by the said Board in its discretion. If during
the period of surveillance such paroled prisoner shall show himself to be a lawabiding citizen and shall not violate any of the laws of the Philippine Islands, the
Board of Indeterminate Sentence may issue a final certificate of release in his
favor, which shall entitle him to final release and discharge.
Sec. 7. The Board shall file with the court which passed judgment on the case, and
with the Chief of Constabulary, a certified copy of each order of conditional or final
release and discharge issued in accordance with the provisions of the next
preceding two sections.
Sec.
8. Whenever any prisoner released on parole by virtue of this Act shall,
during the period of surveillance, violate any of the conditions of his parole, the
Board of Indeterminate Sentence may issue an order for his re-arrest which may
be served in any part of the Philippine Islands by any police officer. In such case
the prisoner so re-arrested shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison, unless the
Board of Indeterminate Sentence shall, in its discretion, grant a new parole to the
said prisoner.
Sec.
9. Nothing in this Act shall be construed to impair or interfere with the
powers of the Governor-General as set forth in Section 64(i) of the Revised

Administrative Code or the Act of Congress approved August 29, 1916 entitled "An
Act to declare the purpose of the people of the United States as to the future
political status of the people of the Philippine Islands, and to provide a more
autonomous government for those Islands."
Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be
entitled to receive the benefits provided in Section 1751 of the Revised
Administrative Code.
Approved:
chan robles virtuallawlibrary
December 5, 1933.

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Act No.

ACT NO. 4103

8. Whenever any prisoner released on parole by virtue of this Act shall,

9. Nothing in this Act shall be construed to impair or interfere with the

powers of the Governor-General as set forth in Section 64(i) of the Revised

chan robles virtuallawlibrary

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