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22 September 2015
DEFINITION
It is the law which modified the imposition of penalties under the Revised Penal Code
and special laws. The courts are mandated in imposing a sentence to fix a minimum and
maximum period of penalty.
The minimum sentence must be served and thereupon, the convict becomes eligible
for parole. When released, he does not become actually discharged because the rest of his
sentence is served out of prison under the supervision of probation officer.
PURPOSES
1.
2.
3.
When the convict has served the maximum penalty he can be released on parole
by the Bureau of Pardons and Parole.
4.
When the paroled convict violates any of the conditions of the parole, he can be
rearrested to serve the maximum sentence.
5.
6.
7. Those who violated the terms of conditional pardon of the Chief Executive;
8. Where the maximum term of imprisonment does not exceed one (1) year;
9. If convicted by final judgement at the time of the effectivity of Act No. 4103; and
10. If penalized with suspension or destierro.
Composition
o Secretary of Justice - Chairman
o Four members appointed by the President
o One member shall be a trained sociologist
o One member shall be a clergyman or educator
o One member shall be a psychiatrist
o At least one member shall be a woman
Powers
o Authorized to adopt such rules and regulations as may be necessary for
carrying out its functions and duties.
o Empowered to call upon any bureau, office, branch, subdivision, agency, or
instrumentality for assistance as it may need in connection with the
performance of its functions.
Other Matters
o Quorum- Majority of all members.
HOW TO APPLY
Step 1: Determine the crime committed and the penalty imposable.
Example: Juan and Pedro quarreled. In the process, Juan killed Pedro. The killing
constitutes the crime of Homicide. The penalty imposable for said crime is reclusion
temporal.
Determine if the provisions of Art. 64(5), 68, 69 are applicable. Lower the penalty by
degree or degrees.
o Article 64(5): If there are two or more mitigating circumstances and NO
aggravating circumstance, the penalty imposable is ONE DEGREE LOWER.
o Article 68: over 9 but under 15 years old = TWO DEGREES LOWER; 15 to
below 18 = ONE DEGREE LOWER. (Old Law)
o Article 68: 15 years old below = exempted, TWO DEGREES LOWER; over
15 years old but below 18 = exempted unless acted with discernment, ONE
DEGREE LOWER. (RA 9344)
o Article 69: Incomplete self defense.
o ELEMENTS OF COMPLETE SELF DEFENSE:
i. Unlawful aggression on the part of the victim or deceased.
ii. Reasonable necessity of the means employed by the accused to repel or
repulse the aggression.
iii. Lack of sufficient provocation on the part of the accused.
The range of indeterminate sentence is Prision Mayor in any of its period as minimum to
Reclusion Temporal in its medium period as the maximum.
MORE APPLICATIONS
1). Homicide in which one Mitigating circumstance attended its commission.
A and B quarreled. In the process, A killed B. When the police came, A voluntarily
surrendered. Determine the indeterminate sentence to be imposed on A.
The penalty for homicide is Reclusion Temporal. Since we cannot apply step no. 2 (lowering
by degree/s) it appearing that Art. 64 par. 5, art. 68 and art. 69 are not applicable, we can now
fix the minimum by lowering the penalty by one degree from Reclusion temporal. One
degree lower is Prision Mayor.
The minimum is Prision Mayor in any of its period.
In fixing the maximum, go up one degree higher from Prision Mayor or go back to the
penalty where you immediately came from before Prision Mayor which is Reclusion
Temporal. In the instant case, there is one mitigating circumstance which is voluntary
surrender. There being one mitigating circumstance and no aggravating circumstance, the
proper period of the maximum is Reclusion Temporal in its minimum period.
The range of indeterminate sentence is Prision Mayor in any of its period as minimum to
Reclusion Temporal minimum as maximum.
4). Homicide in which three (3) mitigating circumstances attended its commission.
A and B quarreled. In the process, A killed B. After the killing A voluntarily surrendered to
the police. A was able to prove lack of intent to commit so grave a wrong and passion and
obfuscation. Determine the indeterminate sentence to be imposed upon A.
A committed the crime of homicide punishable by reclusion temporal. The offense is attended
by mitigating circumstances. There being three (3) mitigating circumstances and no
aggravating circumstance. A is entitled to a penalty of one degree lower from reclusion
temporal. One degree is prision mayor. From the proper degree, lower the penalty to get the
minimum penalty. One degree lower from prision mayor is prision correctional in any of its
period.
In fixing the maximum period go one degree higher from prision correctional and that is
prision mayor. Look for the remaining mitigating circumstances. Thus, when fixing the
maximum there remains a mitigating circumstance considering that the other two mitigating
was used to lower down the maximum penalty to prision mayor. Which makes the maximum
period of prision mayor in its minimum period.
Answer: A committed the crime of homicide punishable by reclusion temporal. The offense is
attended by mitigating circumstances. There being three (3) mitigating circumstances and no
aggravating circumstance. A is entitled to a penalty of one degree lower from reclusion
temporal. One degree is prision mayor. From the proper degree, lower the penalty to get the
minimum penalty. One degree lower from prision mayor is prision correctional in any of its
period. In fixing the maximum period go one degree higher from prision correctional and that
is prision mayor. Look for the remaining mitigating circumstances. Thus, when fixing the
maximum there remains a mitigating circumstance considering that the other two mitigating
was used to lower down the maximum penalty to prision mayor. Which makes the maximum
period of prision mayor in its minimum period.
6. Homicide in which three (3) mitigating circumstances and one (1) aggravating
circumstance attended the commission of the crime.
Example: A and B quarreled. In the process, A killed B. After the killing A voluntarily
surrendered to the police. A was able to prove lack of intent to commit so grave a wrong and
passion and obfuscation. However, it was proven that A killed B with disrespect due the
victim on account of his age. Determine the indeterminate sentence to be imposed upon A.
Answer: A committed the crime of homicide punishable by reclusion temporal. The offense is
attended by mitigating circumstances. There is however one aggravating circumstance of
disrespect to the offended party on account of his age. Although there are three mitigating
you cannot lower the penalty by one degree because there is an aggravating circumstance.
Thus, the starting point is Reclusion temporal. In fixing the minimum, go one degree lower
from reclusion temporal which is prision mayor. In fixing the maximum period, go one
degree higher from the minimum penalty. Look for the remaining mitigating and aggravating
circumstances. Offset one mitigating circumstance with the aggravating circumstance and
these remain two mitigating circumstances. Considering the two mitigating circumstance the
maximum penalty is the minimum of reclusion temporal.
The Board shall also examine the records and status of prisoners who shall have been
convicted of any offense other than those specified in the Exceptions, and have been
sentenced for more than one year by final judgment prior to the effectivity of Act No. 4103.
They shall make recommendations to the President with regard to the parole of such prisoners
as they shall deem qualified for parole, after they shall have served a period of imprisonment
not less than the minimum period for which they have been sentenced under this Act for the
same offense.
VIOLATION OF PAROLE
Whenever any prisoner released on parole violate any of the conditions of his parole
during the period of surveillance, the Board of Indeterminate Sentence may issue an order for
his re-arrest, which may be served in any part of the Philippines by any police officer. The
prisoner re-arrested shall serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison. However, the Board may, in its discretion, grant
a new parole to the said prisoner. [Sec. 8, ibid.]
ON SECTIONS 9 AND 10
Section 9 of Act No. 4103, as amended, provides that:
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 Act or the Act of Congress
approved August 29, 1916 entitled An Act to Declare the
These two Sections pertain to the Revised Administrative Code of 1917 which was
later on superseded by the Administrative Code of 1987. The provisions cited in the two
aforementioned provisions are as follows:
Inasmuch as the Administrative Code of 1987 has effectively repealed the Revised
Administrative Code of 1987, the authors believe that Sections 9 and 10 of Act No. 4103 is
no longer effective.
BIBLIOGRAPHY
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, Act No. 4103, as amended by Act No. 4225 and Act No. 4203 (1933).
A. Estrada, Criminal Law Book I of the Revised Penal Code 309-331 (1st Ed. 2008).
L. Reyes, The Revised Penal Code Book One 772-794 (17th Ed. 2008).