Amendment to Secs. 1, 2 and 8 of Act No. 4103 (Indeterminate Sentence Law)

August 8, 1935

ACT NO. 4225

AN ACT TO AMEND SECTIONS ONE, TWO AND EIGHT OF ACT NUMBERED FOUR THOUSAND ONE HUNDRED THREE, COMMONLY KNOWN AS THE INDETERMINATE SENTENCE LAW

Act Numbered Four thousand one hundred three is hereby amended to read as follows:

"SEC. 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 to a 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." EcATDH

Act Numbered Four thousand one hundred three is hereby amended to read as follows:

"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, nor to those already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 hereof." ACIDTE

Act Numbered Four thousand one hundred three is hereby amended to read as follows:

"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." cETDIA

SECTION 4.This Act shall take effect upon its approval.

Approved: August 8, 1935.