QuestionsQuestions (Acts No. 4103)
The court must impose an indeterminate sentence with a minimum term not less than the minimum imprisonment provided by law, and a maximum term not exceeding the maximum fixed by law.
The court shall sentence the accused to such maximum as may be properly imposed under the present rules of the RPC, considering attending circumstances; and a minimum which shall not be less than the minimum imprisonment period of the penalty next lower to that prescribed by the RPC for the offense.
A person convicted and sentenced under the Act who has served the minimum sentence imposed may be released on parole in accordance with the Act.
Excluded are: (1) those convicted of offenses punished with death penalty or life imprisonment; (2) those convicted of treason, conspiracy or proposal to commit treason; (3) those convicted of misprision of treason, sedition, or espionage; (4) those convicted of piracy; (5) habitual delinquents; (6) those who escaped from confinement or evaded sentence; (7) those who violated terms of a conditional pardon by the Chief Executive; (8) those whose maximum term does not exceed one year; and (9) those already sentenced by final judgment at approval of the Act, except as provided in Section 5.
Generally, no (Section 2), except for the specific cases covered by Section 5, where the Board examines records of certain already-sentenced prisoners and recommends parole to the Governor-General after they have served not less than the minimum period they might have been sentenced to under the Act for the same offense.
Treasons-related offenses (treason, conspiracy/proposal to commit treason, misprision of treason), sedition, espionage, piracy, offenses punishable by death or life imprisonment, habitual delinquents, escape/evasion cases, and parole-violating conditional pardon cases.
The Board is composed of the Secretary of Justice (as chairman) and four members appointed by the Governor-General with the advice and consent of the Philippine Senate.
One member must be a trained sociologist, one a clergyman or educator, one a psychiatrist unless a trained psychiatrist is employed by the Board, and the other members must be qualified by training or experience; at least one member must be a woman.
Members are subject to removal at the will of the Governor-General. In case of vacancy, a successor may be appointed to serve only for the unexpired portion of the term of the respective member.
The Board must look into the prisoner’s physical, mental, and moral record; consider prison work and conduct reports (as provided by rules); conduct or rely on its own study and investigation; and then determine the proper time of release if the prisoner is fitted by training for release, there is a reasonable probability the prisoner will live at liberty without violating the law, and release will not be incompatible with the welfare of society.
It must examine records and the status of prisoners convicted of offenses other than those named in Section 2 and sentenced for more than one year by final judgment prior to the Act’s effect, and recommend parole to the Governor-General after the prisoner has served at least the minimum period they might have served under the Act for the same offense.
Paroled prisoners must report personally as required by parole conditions to designated officials/parole officers. These officials must keep records, make reports, and perform other duties as required by the Board.
The prisoner may be re-arrested and confined and must serve the remaining unexpired portion of the maximum sentence originally committed to prison, unless the Board grants a new parole in its discretion.
It directs that, as far as applicable, the procedure in Sections 4 and 5 of Act No. 1524 (as referenced) should be followed.
The Board must file with the court that passed judgment on the case and with the Chief of Constabulary a certified copy of each order of conditional or final release and discharge.
No. Section 9 expressly states that nothing in the Act shall impair or interfere with the powers of the Governor-General as set forth in the cited provisions of the Revised Administrative Code and the Act of Congress dated August 29, 1916.