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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:red
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:red
chan
robles virtual law library:redSection
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 librarySec.
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:chanroblesvirtuallawlibraryDecember
5, 1933.
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