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Indeterminate Sentence

Law

INDETERMINATE
SENTENCE LAW
(Act No. 4103 as amended by
Act No. 4225)

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.

Indeterminate Sentence
Law

I.

DEFINITION:

A prison sentence that consists of a range of years (such as five to ten


years). The state parole board holds hearings that determine when, during that
range, the convicted person will be eligible for parole.
II.

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).

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.
III.
COVERAGE
1. Revised Penal Code
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 Code, and the MINIMUM TERM
which shall be within the range of the penalty next lower in degree to that
prescribed by the Code for the offense.
The maximum is the penalty imposed as provided by law, depending upon the
attending circumstances. The minimum is one degree next lower to the penalty
prescribed for the offense. The latter is determined without considering the
attending circumstances to the penalty prescribed, and is left to the discretion of
the court. (People v. Yco, 6545, July 27, 1954)

Indeterminate Sentence
Law

Example: Homicide with one mitigating circumstance. The maximum penalty


prescribed by law is Reclusion temporal. Since there is one mitigating and no
aggravating it will be in the minimum or reclusion temporal minimum period. On
the other hand, the minimum is one degree next lower to reclusion temporal
without considering the mitigating circumstance and that will be prision mayor. The
range of prision mayor will depend upon the discretion of the court. Therefore, the
indeterminate penalty is a minimum of prision mayor (within the range fixed by the
court) to a maximum of reclusion temporal minimum period.
2. Special 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. (Q11, 1994 Bar)
Example: Penalty is one year to 5 years. Indeterminate sentence may be one year
to 3 years or 3 years to 5 years.
IV.

APPLICATION

How to get maximum and minimum penalty in Special Law:


1. The maximum penalty should NOT exceed the maximum provided for by that law.
2. The minimum penalty should NOT fall below the minimum provided by the law.
Example:
How to get maximum and minimum penalty in Revised Penal Code:
Example: In the crime of homicide, under the Revised Penal Code, the offender is
sentenced to reclusion temporal.
The maximum penalty under the Indeterminate Sentence Law is reclusion temporal.
But reclusion temporal is a divisible penalty consisting of maximum, medium and
minimum periods. Which period will we place the maximum term of the
Indeterminate Sentence?
Guide for determining the maximum penalty:
1. Determine the entire range of the penalty
2. Determine if there is mitigating or aggravating circumstance
SECTION 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

Indeterminate Sentence
Law

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.

The Board of Pardon and Parole

created by virtue of Act No. 4103 (1933) known as the


Indeterminate Sentence Law, is an agency under the
Department of Justice (DOJ) tasked to uplift and redeem valuable
human resources to economic usefulness and to prevent
unnecessary and excessive deprivation of personal liberty by
way of parole or through executive clemency.

Secretary of Justice (Chairman)


Four members (appointed by the President with the consent of
the Commission on Appointments)

Six (6) years

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

At least (1) one member of the board shall be a WOMAN.


(2) Two members (designated by the President; December 30,
1966)
(2) other two (December 30, 1969)

Indeterminate Sentence
Law

a successor may be appointed to SERVE ONLY FOR THE


UNEXPIRED PORTION of the term of the respective
members.

SECTION 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:
Decision-making
a majority vote shall be necessary to arrive at a decision
Dissent from the majority opinion
Reduced to writing and filed with the records of the proceedings.
Compensation
Each member of the Board, including the Chairman and the Executive
Officer,
shall 5.
be Itentitled
to the
receive
pesos for
SECTION
shall be
dutyasofcompensation
the Board offifty
Indeterminate
each meeting
actually
attendedmental
by him,and moral record of the prisoners
Sentence
to look into
the physical,
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
Sec 259, RPC
penalty imposed on him, and it shall appear to the Board of Indeterminate
Sentence, from
the reports of the
prisoner's
and conduct
which
may be
Reimbursement
of actual
and work
necessary
traveling
expenses
received in accordance
with
the
rules
and
regulations
prescribed,
and
from
incurred in the performance of duties
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,will
in its
and three
in accordance
That the Board
meetings
notdiscretion,
be more than
times a
with the rules and regulations adopted hereunder, authorize the release of
week.
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

Indeterminate Sentence
Law

VII.

Duty of Board and Parole

Looks into the physical, mental and moral records of


prisoners who are eligible for parole or any form of executive
clemency and determines the proper time of release of such
prisoners on parole;
Assists in the full rehabilitation of individuals on parole or
those under conditional pardon with parole conditions, by
way of parole supervision; and,
Recommends to the President of the Philippines the grant of
any form of executive clemency to prisoners other than those
entitled to parole.

SECTION 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

Indeterminate Sentence
Law

VIII.

Prisoner released from confinement


-

Report personally to such government officials or other parole officers.

Officials designate
-

Keep records and reports and perform other duties required by the board.

Limits of residence
-

May be fixed by the Board in its discretion.

Issuance of final Certificate/Final release and discharge


-

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
-

A certified copy of each order of conditional or final release and discharge

SECTION 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 rearrest which may be served in any part of the Philippine. Islands by any
X.

Violation during the period of surveillance


-

The Board may issue an order of re-arrest which may be served in any part of
the Philippines.

Indeterminate Sentence
Law

SECTION 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."

XI.

Section 64(i) of the Revised Administrative Code/Act of Congress


-

Shall not be construed to impair by Act. 4103 (Indeterminate Sentence law).


SECTION 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.

XII.

Sec. 1751 of the Revised Administrative Code


-

Benefits to be received by the prisoner on parole.

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