Question & AnswerQ&A (Acts No. 4225)
Act No. 4225 amends Sections 1, 2, and 8 of Act No. 4103, primarily specifying the imposition of indeterminate sentences with defined maximum and minimum terms based on the Revised Penal Code or other laws.
The maximum term shall be that which can properly be imposed under the Revised Penal Code rules considering the circumstances, while the minimum term shall be within the range of the penalty next lower than that prescribed by the Code for the offense.
For offenses punished by other laws, the maximum term shall not exceed the maximum fixed by such law, and the minimum term shall not be less than the minimum prescribed by the same law.
Persons convicted of offenses punishable with death penalty or life imprisonment, treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition, espionage, piracy, habitual delinquents, escapees or evaders, violators of conditional pardon terms, those whose maximum imprisonment does not exceed one year, and those already sentenced by final judgment at the time of approval except as provided in section five.
The Board of Indeterminate Sentence may issue an order for re-arrest which can be served anywhere in the Philippines by any police officer, and the prisoner must serve the remaining unexpired portion of the maximum sentence unless the Board grants a new parole.
The Board may order re-arrest of parole violators and has discretion to grant new parole.
No, except as provided in section five of the original Act, persons already sentenced by final judgment at the time of approval are excluded from this Act's application.
No, habitual delinquents are excluded from the application of the Act.
It took effect upon its approval on August 8, 1935.