Title
Supreme Court
Indeterminate Sentence and Parole Act
Law
Acts No. 4103
Decision Date
Dec 5, 1933
The Indeterminate Sentence Law establishes a system of indeterminate sentencing and parole for certain crimes in the Philippines, allowing for minimum and maximum prison terms and the possibility of parole after serving the minimum sentence.

Law Summary

Exclusions from Indeterminate Sentence and Parole

  • The law excludes persons convicted of capital punishment offenses or life imprisonment.
  • Excluded crimes include treason, conspiracy to commit treason, misprision of treason, sedition, espionage, and piracy.
  • Habitual delinquents, escapees, parole violators, prisoners sentenced to imprisonment of one year or less, and those already sentenced by final judgment at enactment are also excluded, except as provided otherwise.

Creation and Composition of the Board of Indeterminate Sentence

  • A Board of Indeterminate Sentence is established, chaired by the Secretary of Justice.
  • The board consists of four additional members appointed by the Governor-General with Senate consent.
  • Required members include a trained sociologist, a clergyman or educator, a psychiatrist (or employment of one), and persons qualified by experience or training.
  • At least one member must be a woman.
  • Members serve terms that may be terminated at the Governor-General's will; vacancies are filled for the remainder of terms.

Board Governance and Compensation

  • The Board adopts its own rules for meetings and procedures.
  • Members receive ten pesos per meeting, capped at one thousand pesos annually, plus necessary travel expenses.

Duties and Parole Eligibility Determination

  • The Board reviews physical, mental, and moral records of prisoners eligible for parole.
  • Parole may be granted after serving the minimum sentence if the prisoner is deemed fit by evaluation of conduct, training, likelihood to abide by law, and social welfare considerations.
  • The Board also reviews prisoners sentenced before the law’s effect and recommends parole to the Governor-General for those qualified.

Parole Terms, Supervision, and Final Release

  • Paroled prisoners must report regularly to designated officials or parole officers during the parole period.
  • The Board can impose residence limits on parolees.
  • Successful compliance with parole terms may result in issuance of final release and discharge certification.

Notification and Recording of Parole Releases

  • The Board must file certified copies of parole orders with the sentencing court and Chief of Constabulary.

Violation of Parole Conditions and Consequences

  • Parole violations or committing crimes during supervision lead to re-arrest and serving remaining sentence portions.
  • The Board may grant new parole in its discretion.
  • Procedures similar to Act No. 1524 govern re-arrest and parole revocation.

Preservation of Executive Pardoning Powers

  • The Act does not limit the pardoning authority of the Governor-General as provided by law.

Benefits for Paroled Prisoners

  • Prisoners released on parole under this Act are entitled to benefits under the Revised Administrative Code section specified.

Appropriations for Implementation

  • The Act appropriates twenty-five thousand pesos for the Secretary of Justice to implement its provisions.

Effective Date

  • The Act takes effect immediately upon approval on December 5, 1933.

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