Section 1. Hereafter, in imposing a prison sentence for an
offense punished by the Revised Penal Code, or its amendments, the
court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending
circumstances, could be properly imposed under the rules of the said
Code, and the minimum which shall be within the range of the penalty
next lower to that prescribed by the Code for the offense; and if the
offense is punished by any other law, the court shall sentence the
accused to an indeterminate sentence, the maximum term of which shall
not exceed the maximum fixed by said law and the minimum shall not be
less than the minimum term prescribed by the same. (As amended by Act
No. 4225.)
Sec. 2. This Act shall not apply to persons
convicted of offenses punished with death penalty or life-imprisonment;
to those convicted of treason, conspiracy or proposal to commit
treason; to those convicted of misprision of treason, rebellion,
sedition or espionage; to those convicted of piracy; to those who are
habitual delinquents; to those who have escaped from confinement or
evaded sentence; to those who having been granted conditional pardon by
the Chief Executive shall have violated the terms thereof; to those
whose maximum term of imprisonment does not exceed one year, not to
those already sentenced by final judgment at the time of approval of
this Act, except as provided in Section 5 hereof. (As amended by
Act No. 4225.)
Sec. 3. There is hereby created a Board of Pardons
and Parole to be composed of the Secretary of Justice who shall be its
Chairman, and four members to be appointed by the President, with the
consent of the Commission on Appointments who shall hold office for a
term of six years: Provided, That one member of the board shall be a
trained sociologist, one a clergyman or educator, one psychiatrist
unless a trained psychiatrist be employed by the board, and the other
members shall be persons qualified for such work by training and
experience. At least one member of the board shall be a woman. Of the
members of the present board, two shall be designated by the President
to continue until December thirty, nineteen hundred and sixty-six and
the other two shall continue until December thirty, nineteen hundred
and sixty-nine. In case of any vacancy in the membership of the Board,
a successor may be appointed to serve only for the unexpired portion of
the term of the respective members. (As amended by Republic Act No.
4203, June 19, 1965.)
Sec. 4. The Board of Pardons and Parole is
authorized to adopt such rules and regulations as may be necessary for
carrying out its functions and duties. The Board is empowered to call
upon any bureau, office, branch, subdivision, agency or instrumentality
of the Government for such assistance as it may need in connection with
the performance of its functions. A majority of all the members shall
constitute a quorum and a majority vote shall be necessary to arrive at
a decision. Any dissent from the majority opinion shall be reduced to
writing and filed with the records of the proceedings. Each member of
the Board, including the Chairman and the Executive Officer, shall be
entitled to receive as compensation fifty pesos for each meeting
actually attended by him, notwithstanding the provisions of Section two
hundred and fifty-nine of the Revised Administrative Code, and in
addition thereto, reimbursement of actual and necessary travelling
expenses incurred in the performance of duties: Provided, however, That
the Board meetings will not be more than three times a week. (As
amended by Republic Act No. 4203, June 19, 1965.)
Sec. 5. It shall be the duty of the Board of
Indeterminate Sentence to look into the physical, mental and moral
record of the prisoners who shall be eligible to parole and to
determine the proper time of release of such prisoners. Whenever any
prisoner shall have served the minimum penalty imposed on him, and it
shall appear to the Board of Indeterminate Sentence, from the reports
of the prisoner's work and conduct which may be received in accordance
with the rules and regulations prescribed, and from the study and
investigation made by the Board itself, that such prisoner is fitted by
his training for release, that there is a reasonable probability that
such prisoner will live and remain at liberty without violating the
law, and that such release will not be incompatible with the welfare of
society, said Board of Indeterminate Sentence may, in its discretion,
and in accordance with the rules and regulations adopted hereunder,
authorize the release of such prisoner on parole, upon such terms and
conditions as are herein prescribed and as may be prescribed by the
Board. The said Board of Indeterminate Sentence shall also examine the
records and status of prisoners who shall have been convicted of any
offense other than those named in Section 2 hereof, and have been
sentenced for more than one year by final judgment prior to the date on
which this Act shall take effect, and shall make recommendation in all
such cases to the Governor-General with regard to the parole of such
prisoners as they shall deem qualified for parole as herein provided,
after they shall have served a period of imprisonment not less than the
minimum period for which they might have been sentenced under this Act
for the same offense.
Sec. 6. Every prisoner released from confinement
on parole by virtue of this Act shall, at such times and in such manner
as may be required by the conditions of his parole, as may be
designated by the said Board for such purpose, report personally to
such government officials or other parole officers hereafter appointed
by the Board of Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum sentence imposed
upon him or until final release and discharge by the Board of
Indeterminate Sentence as herein provided. The officials so designated
shall keep such records and make such reports and perform such other
duties hereunder as may be required by said Board. The limits of
residence of such paroled prisoner during his parole may be fixed and
from time to time changed by the said Board in its discretion. If
during the period of surveillance such paroled prisoner shall show
himself to be a law-abiding citizen and shall not violate any of the
laws of the Philippine Islands, the Board of Indeterminate Sentence may
issue a final certificate of release in his favor, which shall entitle
him to final release and discharge.
Sec. 7. The Board shall file with the court which
passed judgment on the case, and with the Chief of Constabulary, a
certified copy of each order of conditional or final release and
discharge issued in accordance with the provisions of the next
preceding two sections.
Sec. 8. Whenever any prisoner released on parole
by virtue of this Act shall, during the period of surveillance, violate
any of the conditions of his parole, the Board of Indeterminate
Sentence may issue an order for his re-arrest which may be served in
any part of the Philippine Islands by any police officer. In such case
the prisoner so re-arrested shall serve the remaining unexpired portion
of the maximum sentence for which he was originally committed to
prison, unless the Board of Indeterminate Sentence shall, in its
discretion, grant a new parole to the said prisoner. (As amended by Act
No. 4225.)
Sec. 9. Nothing in this Act shall be construed to
impair or interfere with the powers of the Governor-General as set
forth in Section 64(i) of the Revised Administrative Code or the Act of
Congress approved August 29, 1916 entitled "An Act to declare the
purpose of the people of the United States as to the future political
status of the people of the Philippine Islands, and to provide a more
autonomous government for those Islands."
Sec. 10. Whenever any prisoner shall be released
on parole hereunder he shall be entitled to receive the benefits
provided in Section 1751 of the Revised Administrative Code.
Approved and effective on
December 5, 1993.
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