ACT NO. 4103 Indeterminate Sentence Lawdocx
ACT NO. 4103 Indeterminate Sentence Lawdocx
police officer. In such case the prisoner so re-arrested shall serve the remaining unexpired portion of
(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965]) 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
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Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL General as set forth in Section 64(i) of the Revised Administrative Code or the Act of Congress
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE approved August 29, 1916 entitled "An Act to declare the purpose of the people of the United States
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE as to the future political status of the people of the Philippine Islands, and to provide a more
FUNDS THEREFOR; AND FOR OTHER PURPOSES. autonomous government for those Islands." chan robles virtual law library
chan robles virtual law library
chan robles virtual law library Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to receive
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal the benefits provided in Section 1751 of the Revised Administrative Code. chan robles virtual law
Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the library
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 Approved:chanroblesvirtuallawlibrary December 5, 1933
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.
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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
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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