QuestionsQuestions (Acts No. 4225)
The court must impose an indeterminate sentence where the maximum term is that which could be properly imposed under the Revised Penal Code (considering attending circumstances), and the minimum term is within the range of the penalty next lower to that prescribed by the Code.
If the offense is punished by any other law, the maximum term shall not exceed the maximum fixed by that law, and the minimum term shall not be less than the minimum term prescribed by the same law.
The maximum term must be based on what could be properly imposed in view of the attending circumstances, following the rules of the Revised Penal Code.
It means the minimum term must be taken from the statutory range corresponding to the penalty one degree lower than the penalty prescribed by the Revised Penal Code for the offense.
Excluded are: (1) those convicted of death penalty or life imprisonment; (2) treason, conspiracy or proposal to commit treason; (3) misprision of treason, rebellion, sedition or espionage; (4) piracy; (5) habitual delinquents; (6) those who escaped or evaded sentence; (7) those who violated conditional pardon terms; (8) those whose maximum term of imprisonment does not exceed one year; and (9) those already sentenced by final judgment at the time of approval, except as provided in Section 5 of the original Act.
Because the amended law expressly states that the Act shall not apply to them; thus, they are not entitled to indeterminate sentencing under the statute.
No. Section 2 excludes them, except as provided in Section 5 of the Indeterminate Sentence Law (which is referenced but not reproduced in the text you provided).
The Board of Indeterminate Sentence may issue an order for the parolee’s re-arrest, which may be served anywhere in the Philippines by any police officer.
The prisoner must serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison, unless the Board grants a new parole in its discretion.
The Board may, at its discretion, grant a new parole to the re-arrested prisoner.
No. The order may be served in any part of the Philippine Islands by any police officer.
Section 4 provides that the Act shall take effect upon its approval.
It requires courts, for offenses punished by the Revised Penal Code (or its amendments), to base the maximum term on what could be properly imposed under the Code considering attending circumstances, and set the minimum from the range of the penalty next lower.
Automatic: re-arrest may be ordered and the prisoner generally serves the remaining unexpired portion of the maximum sentence. Discretionary: the Board may grant a new parole instead.