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    ACT NO. 4103: The Indeterminate Sentence Law

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    Anthony Reandelar
    This document outlines the Indeterminate Sentence Law which established an indeterminate sentencing system and parole board in the Philippines. Key points: - It created a system of indeterminate sentencing where judges impose a maximum sentence according to the crime and a minimum sentence of the next lowest penalty. - Certain crimes like those carrying the death penalty were excluded from this law. - It established a Board of Pardons and Parole to determine parole eligibility and terms based on a prisoner's conduct and likelihood of rehabilitation. - The board was also tasked with reviewing sentences of prisoners convicted prior to the law and making parole recommendations to the Governor-General.

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    ACT NO. 4103: The Indeterminate Sentence Law

    Uploaded by

    Anthony Reandelar
    58 views4 pages
    This document outlines the Indeterminate Sentence Law which established an indeterminate sentencing system and parole board in the Philippines. Key points: - It created a system of indeterminate sentencing where judges impose a maximum sentence according to the crime and a minimum sentence of the next lowest penalty. - Certain crimes like those carrying the death penalty were excluded from this law. - It established a Board of Pardons and Parole to determine parole eligibility and terms based on a prisoner's conduct and likelihood of rehabilitation. - The board was also tasked with reviewing sentences of prisoners convicted prior to the law and making parole recommendations to the Governor-General.

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    This document outlines the Indeterminate Sentence Law which established an indeterminate sentencing system and parole board in the Philippines. Key points: - It created a system of indeterminate sentencing where judges impose a maximum sentence according to the crime and a minimum sentence of the next lowest penalty. - Certain crimes like those carrying the death penalty were excluded from this law. - It established a Board of Pardons and Parole to determine parole eligibility and terms based on a prisoner's conduct and likelihood of rehabilitation. - The board was also tasked with reviewing sentences of prisoners convicted prior to the law and making parole recommendations to the Governor-General.

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    58 views4 pages

    ACT NO. 4103: The Indeterminate Sentence Law

    Uploaded by

    Anthony Reandelar
    This document outlines the Indeterminate Sentence Law which established an indeterminate sentencing system and parole board in the Philippines. Key points: - It created a system of indeterminate sentencing where judges impose a maximum sentence according to the crime and a minimum sentence of the next lowest penalty. - Certain crimes like those carrying the death penalty were excluded from this law. - It established a Board of Pardons and Parole to determine parole eligibility and terms based on a prisoner's conduct and likelihood of rehabilitation. - The board was also tasked with reviewing sentences of prisoners convicted prior to the law and making parole recommendations to the Governor-General.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    of 4

    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.
    .
    .chan robles virtual law library

    .
    .
    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.
    .chan robles virtual law library
    .chan robles virtual law library
    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. 
    .chan robles virtual law library
    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. .chan
    robles virtual law library
    .
    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. .chan robles virtual law library

    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. .chan robles virtual law library

    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. .chan robles virtual law library

    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 law-abiding 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..chan robles virtual law library

    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. .chan robles virtual law library

    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." .chan robles virtual law library

    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..chan robles virtual law library

    Approved: December 5, 1933.


    ..

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