Question & AnswerQ&A (PROCLAMATION NO. 259)
The court shall order imprisonment for a minimum term not less than the minimum term provided by law for the offense, and for a maximum term not exceeding the maximum fixed by law. For offenses punished by the Revised Penal Code, the minimum sentence shall not be less than the minimum period of the penalty next lower to that prescribed by law.
This Act does not apply to persons convicted of offenses punishable by death penalty or life imprisonment; those convicted of treason, conspiracy to commit treason, misprision of treason, sedition, espionage, piracy; habitual delinquents; those who escaped confinement or evaded sentence; those who violated terms of a conditional pardon; those whose maximum imprisonment does not exceed one year; and those already sentenced by final judgment before this Act's approval except as provided in Section 5.
The Board is charged with overseeing the indeterminate sentence system, including studying prisoners' physical, mental and moral records, determining eligibility for parole, setting conditions for release, and recommending parole for qualified prisoners.
The Board is composed of the Secretary of Justice as chairman and four members appointed by the Governor-General. At least one must be a sociologist, one a clergyman or educator, one a psychiatrist if employed by the Board, and the others qualified by training or experience. At least one member must be a woman.
The Board will examine reports of the prisoner's work and conduct, mental and moral fitness, reasonable probability of law-abiding life at liberty, and whether release is compatible with societal welfare.
They must keep records, monitor compliance with parole conditions, make reports to the Board, and perform other duties required by the Board during the parole surveillance period.
The surveillance period lasts for the remaining portion of the maximum sentence imposed or until the Board issues a final certificate of release and discharge.
They may be re-arrested and confined to serve the remaining unexpired portion of their maximum sentence unless the Board exercises discretion to grant a new parole.
No, this Act does not impair or interfere with the Governor-General's clemency powers under the Revised Administrative Code or other pertinent laws.
A sum of twenty-five thousand pesos was appropriated from the Insular Treasury to fund the administration and operations under this Act, to be disbursed by the Secretary of Justice.