Act No.

4103

term

The Indeterminate Sentence Law

prescribed

by

the

same.

chan robles virtual law library

AN ACT TO PROVIDE FOR AN INDETERMINATE

Sec. 2. This Act shall not apply to persons

SENTENCE AND PAROLE FOR ALL PERSONS

convicted of offenses punished with death

CONVICTED OF CERTAIN CRIMES BY THE

penalty

COURTS OF THE PHILIPPINE ISLANDS; TO

convicted of treason, conspiracy or proposal to

CREATE A BOARD OF INDETERMINATE

commit

or

life-imprisonment;

treason;

to

those

to

those

convicted

of

SENTENCE AND TO PROVIDE FUNDS

misprision of treason, rebellion, sedition or

THEREFOR; AND FOR OTHER PURPOSES.

espionage; to those convicted of piracy; to

chan robles virtual law library

those who are habitual delinquents; to those

who have escaped from confinement or evaded
sentence; to those who having been granted

ACT NO. 4103

conditional pardon by the Chief Executive shall

(As Amended by Act No. 4225 and Republic Act

have violated the terms thereof; to those

No. 4203 [June 19, 1965])

whose maximum term of imprisonment does

not exceed one year, not to those already

AN ACT TO PROVIDE FOR AN INDETERMINATE

sentenced by final judgment at the time of

SENTENCE AND PAROLE FOR ALL PERSONS

approval of this Act, except as provided in

CONVICTED OF CERTAIN CRIMES BY THE

Section 5 hereof. chan robles virtual law library

COURTS OF THE PHILIPPINE ISLANDS; TO

CREATE A BOARD OF INDETERMINATE

Sec.

SENTENCE AND TO PROVIDE FUNDS

Pardons and Parole to be composed of the

THEREFOR; AND FOR OTHER PURPOSES.

Secretary of Justice who shall be its Chairman,

chan robles virtual law library

and four members to be appointed by the

chan robles virtual law library

President, with the consent of the Commission

Section 1. Hereafter, in imposing a prison

on Appointments who shall hold office for a

sentence for an offense punished by the

term of six years: Provided, That one member

Revised Penal Code, or its amendments, the

of the board shall be a trained sociologist, one

court

an

a clergyman or educator, one psychiatrist

indeterminate sentence the maximum term of

unless a trained psychiatrist be employed by

which shall be that which, in view of the

the board, and the other members shall be

attending circumstances, could be properly

persons qualified for such work by training and

imposed under the rules of the said Code, and

experience. At least one member of the board

the minimum which shall be within the range of

shall be a woman. Of the members of the

the penalty next lower to that prescribed by

present board, two shall be designated by the

the Code for the offense; and if the offense is

President to continue until December thirty,

punished by any other law, the court shall

nineteen hundred and sixty-six and the other

sentence the accused to an indeterminate

two

sentence, the maximum term of which shall not

nineteen hundred and sixty-nine. In case of any

exceed the maximum fixed by said law and the

vacancy in the membership of the Board, a

minimum shall not be less than the minimum

successor may be appointed to serve only for

shall

sentence

the

accused

to

3. There is hereby created a Board of

shall

continue

until

December

thirty,

the unexpired portion of the term of the

such prisoner is fitted by his training for

respective members. chan robles virtual law

release, that there is a reasonable probability

library

that such prisoner will live and remain at liberty

Sec.

4. The Board of Pardons and Parole is

without violating the law, and that such release

authorized to adopt such rules and regulations

will not be incompatible with the welfare of

as may be necessary for carrying out its

society, said Board of Indeterminate Sentence

functions and duties. The Board is empowered

may, in its discretion, and in accordance with

to

branch,

the rules and regulations adopted hereunder,

subdivision, agency or instrumentality of the

authorize the release of such prisoner on

Government for such assistance as it may need

parole, upon such terms and conditions as are

in connection with the performance of its

herein prescribed and as may be prescribed by

functions. A majority of all the members shall

the Board. The said Board of Indeterminate

constitute a quorum and a majority vote shall

Sentence shall also examine the records and

be necessary to arrive at a decision. Any

status

dissent from the majority opinion shall be

convicted of any offense other than those

reduced to writing and filed with the records of

named in Section 2 hereof, and have been

the proceedings. Each member of the Board,

sentenced for more than one year by final

including the Chairman and the Executive

judgment prior to the date on which this Act

Officer,

shall

call

upon

shall

any

be

bureau,

entitled

office,

to

receive

as

of

prisoners

take

who shall have been

effect,

and

shall

make

compensation fifty pesos for each meeting

recommendation in all such cases to the

actually attended by him, notwithstanding the

Governor-General with regard to the parole of

provisions of Section two hundred and fifty-nine

such prisoners as they shall deem qualified for

of the Revised Administrative Code, and in

parole as herein provided, after they shall have

addition thereto, reimbursement of actual and

served a period of imprisonment not less than

necessary traveling expenses incurred in the

the minimum period for which they might have

performance of duties: Provided, however, That

been sentenced under this Act for the same

the Board meetings will not be more than three

offense. chan robles virtual law library

times a week. chan robles virtual law library

Sec.

Sec. 5. It shall be the duty of the Board of

confinement on parole by virtue of this Act

Indeterminate

the

shall, at such times and in such manner as may

physical, mental and moral record of the

be required by the conditions of his parole, as

prisoners who shall be eligible to parole and to

may be designated by the said Board for such

determine the proper time of release of such

purpose, report personally to such government

prisoners. Whenever any prisoner shall have

officials

served the minimum penalty imposed on him,

appointed

by

the

Board

and

Sentence

for

period

it

shall

Sentence

appear

to

to

look

the

into

Board

of

6. Every

or

prisoner

other

parole

released

officers
of
of

from

hereafter

Indeterminate
surveillance

Indeterminate Sentence, from the reports of

equivalent to the remaining portion of the

the prisoner's work and conduct which may be

maximum sentence imposed upon him or until

received in accordance with the rules and

final release and discharge by the Board of

regulations prescribed, and from the study and

Indeterminate Sentence as herein provided.

investigation made by the Board itself, that

The officials so designated shall keep such

records and make such reports and perform

serve the remaining unexpired portion of the

such

be

maximum sentence for which he was originally

required by said Board. The limits of residence

other

duties

committed to prison, unless the Board of

of such paroled prisoner during his parole may

Indeterminate Sentence shall, in its discretion,

be fixed and from time to time changed by the

grant a new parole to the said prisoner. chan

said Board in its discretion. If during the period

robles virtual law library

of surveillance such paroled prisoner shall show

Sec. 9. Nothing in this Act shall be construed

himself to be a law-abiding citizen and shall not

to impair or interfere with the powers of the

violate any of the laws of the Philippine Islands,

Governor-General as set forth in Section 64(i)

the Board of Indeterminate Sentence may issue

of the Revised Administrative Code or the Act

a final certificate of release in his favor, which

of Congress approved August 29, 1916 entitled

shall

"An Act to declare the purpose of the people of

entitle

hereunder

him

to

final

as

may

release

and

discharge. chan robles virtual law library

the United States as to the future political

Sec.

status of the people of the Philippine Islands,

7. The Board shall file with the court

which passed judgment on the case, and with

and

the Chief of Constabulary, a certified copy of

government for those Islands." chan robles

each order of conditional or final release and

virtual law library

discharge

Sec.

issued

in

accordance

with

the

to

provide

10. Whenever

any

more

autonomous

prisoner

shall

be

provisions of the next preceding two sections.

released on parole hereunder he shall be

Sec.

8. Whenever any prisoner released on

entitled to receive the benefits provided in

parole by virtue of this Act shall, during the

Section 1751 of the Revised Administrative

period of surveillance, violate any of the

Code. chan robles virtual law library

conditions

Approved:chanroblesvirtuallawlibrary Decembe

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

r 5, 1933.