Indeterminate Sentence Law
Indeterminate Sentence Law
Law
INDETERMINATE
SENTENCE LAW
(Act No. 4103 as amended by
Act No. 4225)
Indeterminate Sentence
Law
I.
DEFINITION:
PURPOSE
To uplift and redeem valuable human material, and prevent unnecessary and
excessive deprivation of liberty and economic usefulness. Penalties shall not be
standardized but fitted as far as is possible to the individual, with due regard to the
imperative necessity of protecting the social order (People v. Ducosin, 59 Phil 109).
Indeterminate Sentence
Law
APPLICATION
Indeterminate Sentence
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V.
EXEPTIONS
This act shall not apply to persons:
1. Convicted of offense punishable with death penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of
treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or violated the terms of a
conditional pardon
8. Persons already sentenced by final judgment at the time this Act was
approved (Dec. 5, 1933)
Whenever any prisoner who shall have served the minimum penalty imposed on
him, said Board of Indeterminate Sentence may, in its discretion, and in accordance
with the rules and regulations adopted thereunder, authorize the release of such
prisoner on parole. If during the period of surveillance, such parolee shall show
himself to be a law-abiding citizen and shall not violate any of the laws of the
Philippines, the Board may issue a final certificate of release in his favor. Whenever
any prisoner released on parole shall, during the period of surveillance, violate any
of the conditions of his parole, the Board may issue an order for his re-arrest and
shall serve the remaining unexpired portion of the maximum sentence.
The application of the Indeterminate Sentence Law is mandatory if the
imprisonment would exceed one year. It would be favorable to the accused. (People
v. Judge German Lee, Jr., 86859, Sept. 12, 1984)
SECTION 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
Indeterminate Sentence
Law
VI.
a trained sociologist
one a clergyman or educator
one psychiatrist (unless a trained psychiatrist be employed by
the board)
Other members shall be persons qualified for such work by
training and experience.
Composition:
Term
Provided that:
NOTE:
VACANCY
Indeterminate Sentence
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Indeterminate Sentence
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VII.
Indeterminate Sentence
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VIII.
Officials designate
-
Keep records and reports and perform other duties required by the board.
Limits of residence
-
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.
SECTION 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.
IX.
Requirement
-
The Board may issue an order of re-arrest which may be served in any part of
the Philippines.
Indeterminate Sentence
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XI.
XII.