ACT NO.

4103
(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])

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.
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.
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, not to those already sentenced by final judgment at the time of approval
of this Act, except as provided in Section 5 hereof.
Sec. 3. 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 a trained sociologist, one a
clergyman or educator, one psychiatrist unless a trained psychiatrist be employed by the
board, and the other members shall be persons qualified for such work by training and
experience. At least one member of the board shall be a woman. Of the members of the
present board, two shall be designated by the President to continue until December thirty,
nineteen hundred and sixty-six and the other two shall continue until December thirty,
nineteen hundred and sixty-nine. In case of any vacancy in the membership of the Board, a
successor may be appointed to serve only for the unexpired portion of the term of the
respective members.
Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as
may be necessary for carrying out its functions and duties. The Board is empowered to call

upon any bureau, office, branch, subdivision, agency or instrumentality of the Government for
such assistance as it may need in connection with the performance of its functions. A majority
of all the members shall constitute a quorum and a majority vote shall be necessary to arrive
at a decision. Any dissent from the majority opinion shall be reduced to writing and filed with
the records of the proceedings. Each member of the Board, including the Chairman and the
Executive Officer, shall be entitled to receive as compensation fifty pesos for each meeting
actually attended by him, notwithstanding the provisions of Section two hundred and fifty-nine
of the Revised Administrative Code, and in addition thereto, reimbursement of actual and
necessary traveling expenses incurred in the performance of duties: Provided, however, That
the Board meetings will not be more than three times a week.
Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical,
mental and moral record of the prisoners who shall be eligible to parole and to determine the
proper time of release of such prisoners. Whenever any prisoner shall have served the
minimum penalty imposed on him, and it shall appear to the Board of Indeterminate Sentence,
from the reports of the prisoner's work and conduct which may be received in accordance with
the rules and regulations prescribed, and from the study and investigation made by the Board
itself, that such prisoner is fitted by his training for release, that there is a reasonable
probability that such prisoner will live and remain at liberty without violating the law, and that
such release will not be incompatible with the welfare of society, said Board of Indeterminate
Sentence may, in its discretion, and in accordance with the rules and regulations adopted
hereunder, authorize the release of such prisoner on parole, upon such terms and conditions as
are herein prescribed and as may be prescribed by the Board. The said Board of Indeterminate
Sentence shall also examine the records and status of prisoners who shall have been convicted
of any offense other than those named in Section 2 hereof, and have been sentenced for more
than one year by final judgment prior to the date on which this Act shall take 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 herein provided, after they shall have
served a period of imprisonment not less than the minimum period for which they might have
been sentenced under this Act for the same offense.
Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such
times and in such manner as may be required by the conditions of his parole, as 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. The officials so designated shall keep such records and make such reports and
perform such other duties hereunder as may be required by said Board. 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. 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 Board of Indeterminate Sentence may issue a final certificate of release in his
favor, which shall entitle him to final release and discharge.
Sec. 7. The Board 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.
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.
Sec. 9. 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 Code or the Act of
Congress approved August 29, 1916 entitled "An Act to declare the purpose of the people of
the United States as to the future political status of the people of the Philippine Islands, and to
provide a more autonomous government for those Islands."
Sec. 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.
Approved: December 5, 1933.

PRESIDENTIAL DECREE NO. 1990

AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE PROBATION
LAW OF 1976.
WHEREAS, it has been the sad experience that persons who are convicted of offenses and who
may be entitled to probation still appeal the judgment of conviction even up to the Supreme
Court, only to pursue their application for probation when their appeal is eventually dismissed;
.
WHEREAS, the process of criminal investigation, prosecution, conviction and appeal entails too
much time and effort, not to mention the huge expenses of litigation, on the part of the State;
WHEREAS, the time, effort and expenses of the Government in investigating and prosecuting
accused persons from the lower courts up to the Supreme Court, are oftentimes rendered
nugatory when, after the appellate Court finally affirms the judgment of conviction, the
defendant applies for and is granted probation;
WHEREAS, probation was not intended as an escape hatch and should not be used to obstruct
and delay the administration of justice, but should be availed of at the first opportunity by
offenders who are willing to be reformed and rehabilitated;
WHEREAS, it becomes imperative to remedy the problems abovementioned confronting our
probation system.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby decree:

Section 1. Section 4 of Presidential Decree No. 968 is hereby amended to read as follows:
"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the trial court may, after
it shall have convicted and sentenced a defendant, and upon application by said defendant
within the period for perfecting an appeal, suspend the execution of the sentence and place
the defendant on probation for such period and upon such terms and conditions as it may
deem best; Provided, That no application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction.
"Probation may be granted whether the sentence imposes a term of imprisonment or a fine
only. An application for probation shall be filed with the trial court. The filing of the application
shall be deemed a waiver of the right to appeal.
"An order granting or denying probation shall not be appealable."
Sec. 2. Section 9 of Presidential Decree No. 968 is hereby amended to read as follows:
"Sec. 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of subversion or any crime against the national security or the public order;
(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos.
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof."
Sec. 3. The provisions of Section 4 of Presidential Decree No. 968, as above amended, shall not
apply to those who have already filed their respective applications for probation at the time of
the effectivity of this Decree.
Sec. 4. All laws, decrees, executive or administrative orders, rules and regulations, or parts
thereof, inconsistent with this Decree, are hereby repealed, amended or modified accordingly.
Sec. 5. This Decree shall take effect after fifteen (15) days following its publication in the
Official Gazette.
DONE in the City of Manila, this 5th day of October, in the year of Our Lord, nineteen hundred
and eighty-five.

Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No. 10592
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal
Code, is hereby further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of
imprisonment. Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing
after being informed of the effects thereof and with the assistance of counsel to

abide by the same disciplinary rules imposed upon convicted prisoners, except in
the following cases:
"1. When they are recidivists, or have been convicted previously twice or
more times of any crime; and
"2. When upon being summoned for the execution of their sentence they
have failed to surrender voluntarily.
"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of
a counsel and shall be credited in the service of his sentence with four-fifths of
the time during which he has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.1wphi1
"Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced and
his case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review.
Computation of preventive imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists,
habitual delinquents, escapees and persons charged with heinous crimes are excluded from
the coverage of this Act. In case the maximum penalty to which the accused may be
sentenced is lestierro, he shall be released after thirty (30) days of preventive imprisonment."
Section 2. Article 94 of the same Act is hereby further amended to read as follows:
"ART. 94. Partial extinction of criminal liability. Criminal liability is extinguished
partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence."
Section 3. Article 97 of the same Act is hereby further amended to read as follows:
"ART. 97. Allowance for good conduct. The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a

deduction of twenty days for each month of good behavior during
detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he
shall be allowed a reduction of twenty-three days for each month of good
behavior during detention;
"3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for
each month of good behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he shall
be allowed a deduction of thirty days for each month of good behavior
during detention; and
"5. At any time during the period of imprisonment, he shall be allowed
another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time
rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct."
Section 4. Article 98 of the same Act is hereby further amended to read as follows:
"ART. 98. Special time allowance for loyalty. A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said article. A deduction of two-fifths
of the period of his sentence shall be granted in case said prisoner chose to stay
in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence."
Section 5. Article 99 of the same Act is hereby further amended to read as follows:"
"ART. 99. Who grants time allowances. Whenever lawfully justified, the Director
of the Bureau of Corrections, the Chief of the Bureau of Jail Management and
Penology and/or the Warden of a provincial, district, municipal or city jail shall
grant allowances for good conduct. Such allowances once granted shall not be
revoked."
Section 6. Penal Clause. Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand
pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed against any
public officer or employee who violates the provisions of this Act.

Section 7. Implementing Rules and Regulations. The Secretary of the Department of Justice
(DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall
within sixty (60) days from the approval of this Act, promulgate rules and regulations on the
classification system for good conduct and time allowances, as may be necessary, to
implement the provisions of this Act.
Section 8. Separability Clause. If any part hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain valid and subsisting.
Section 9. Repealing Clause. Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.
Section 10. Effectivity Clause. This Act shall take effect fifteen (15) days from its publication
in the Official Gazette or in at least two (2) new papers of general circulation.
Approved,
(Sgd.) JUAN PONCE ENRILE
President of the Senate

(Sgd.) FELICIANO BELMONTE JR.

Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was finally
passed by the Senate and the House of Representatives on November 5, 2012 and January 28,
2013, respectively.
(Sgd.) EDWIN B. BELLEN
Acting Senate Secretary

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Representatives