The indeterminate sentence manual

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.

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.

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.

These Guidelines are meant solely for the guidance of the Board of Pardons and Parole hereafter the "Board" in the performance of its duty to assist the President in exercising the power of executive clemency pursuant to Executive Order No. These Guidelines create no vested or enforceable rights in persons applying for executive clemency.

Extraordinary Circumstances - The Board shall recommend to the President the grant of executive clemency when any of the following extraordinary circumstances are present:. The trial court or appellate court in its decision recommended the grant of executive clemency for the inmate;. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed;. Evidence which the court failed to consider, before conviction which would have justified an acquittal of the accused;.

Inmates who were over fifteen 15 years but under eighteen 18 years of age at the time of the commission of the offense;.

Inmates who are seventy 70 years old and above whose continued imprisonment is inimical to their health as recommended by a physician of the Bureau of Corrections Hospital and certified under oath by a physician designated by the Department of Health;.

Inmates who suffer from serious, contagious or life-threatening illness disease, or with severe physical disability such as those who are totally blind, paralyzed, bedridden, etc. Alien inmates where diplomatic considerations and amity among nations necessitate review; and. Such other similar or analogous circumstances whenever the interest of justice will be served thereby. Notice to the Offended Party - In all cases when an inmate is being considered for executive clemency, the Board shall notify the offended party or, in the event that the offended party is unavailable for comment or otherwise cannot be located, the immediate relatives of the offended party.

Said persons shall be given thirty 30 days from notice to comment on whether or not executive clemency may be granted to an inmate. Provided that, in matters of extreme urgency or when the interest of justice will be served thereby, such notice may be waived or dispensed with by the Board. In such a case, the Board shall explain the reason for the waiver of such notice in the Board resolution recommending executive clemency.

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Augue interdum velit euismod in pellentesque. UK, remember your settings and improve government services. We also use cookies set by other sites to help us deliver content from their services. You can change your cookie settings at any time. The Parole Board is responsible for deciding if someone can be released from prison.

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