INDETERMINATE SENTENCE

R.A. NO. 4103

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND
PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE
COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF
INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR;
AND FOR OTHER PURPOSES.

Conditions:
For offenses of the RPC or its amendments…
Section 1. The (a) maximum term imposed under the rules of RPC, and (b) the
minimum which shall be within the range of the penalty next lower to that
prescribed by the RPC for the offense and (c) if the offense is punished by any
other law.

Application:
The Indeterminate Sentence will be 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.

Non-applicability to certain convictions:

Section 2.
1. Life Imprisonment or Death Penalty
2. Treason (Conspiracy, Proposal to commit treason)
3. Misprision:
3.a. Treason
3.b. Rebellion
3.c. Sedition
3.d. Espionage
4. Piracy
5. Habitual Delinquent
6. Escaped of Confinement
7. Evaded Sentence
8. Granted conditional pardon by Chief Executive who violated the terms of that
pardon.
9. Maximum term of imprisonment < 1 year
10. Sentence with a Final Judgement AT THE TIME of the approval of this act.
December 5. 1993. Except as provided in Section 5 of this act. (This act has no
retroactive effect)

Section 3 and 4. Shall create a BOARD OF PARDON, its composition and its
duties and responsibilities.

Section 5.
Duty of THE BOARD OF INDETERMINATE SENTENCE

1.) To look for the Prisoner’s: Physical, Mental, and Moral Records.
Purpose: For parole or the proper time of the release of such prisoner.

2.) To examine the records and status of prisoners who shall have been convicted:
Any offense other than those named in Section 2, and have been sentenced for >
one year by FINAL JUDGMENT prior to December 5. 1993, on which this Act
took 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 provided in this ACT , after they shall have served a period of
imprisonment not < the minimum period for which they might have been
sentenced under this Act for the same offense

Requisite:
1. Prisoner served a minimum penalty imposed to him.
2. Appeared to the BIS
3. Based on reports and investigations of work and conduct of prisoner in
accordance with RR prescribed, THAT HE IS FITTED by his training for the
RELEASE that he will not violate law, and he is not a threat to the welfare of the
society anymore.

Surveillance, Reporting and Monitoring after the Parole.

Section 6.
1.) 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.
2.) Officials to keep such records and make such reports and perform such other
duties hereunder as may be required by said Board.
3.) 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.

4.) 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 BIS may issue a final certificate of release in his favor, which shall
entitle him to final release and discharge.

Section 7. The BIS 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.

Benefits During Parole

SECTION 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.

Violation During Parole

Section 8. During the period of surveillance, violate any of the conditions of his
parole, the BIS 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