Article 48Act No. 3815, Sec./Art. 48

Penalty for complex crimes.-When a single act constitutes two or more crimes, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Superintendent in the district and for the sole purpose of

determining whether articles are kept in possession or

stock contrary to the intents of Section 6 of P.D. No. 1612

and of these rules and regulations.

VII.

Other

Duties

Imposed

Upon

Station

Commanders

and

INP

District

Superintendent

and

Directors Following Action on Applications for Clearances

or Permits

1.

At the end of each month, it shall be the duty of

the Station Commander concerned to:

(a)

Make

and

maintain

a

file

in

his

office

of

all

clearances/permit issued by him.

(b) Submit a full report to the INP District Superintendent

on the number of applications for clearances or permits

processed by his office, indicating therein the number of

clearances/permits

issued

and

the

number

of

applications denied. The report shall state the reasons for

denial of an application and the corresponding follow-up

actions taken and shall be accompanied by an inventory

of the articles to be sold or offered for sale in his

jurisdiction.

2. The INP District Superintendent shall, on the basis of

the reports submitted by the Station Commander, in turn

submit quarterly reports to the appropriate INP Director

containing a consolidation of the information stated in

the reports of Station Commanders in his jurisdiction.

3. Reports from INP District Superintendent shall serve as

basis

for

a

consolidated

report

to

be

submitted

semi-annually by INP Directors to the Director-General,

Integrated National Police.

4. In all cases, reports emanating from the different levels

of the Integrated National Police shall be accompanied

with full and accurate inventories of the articles acquired

from unlicensed dealers or suppliers and proposed to be

sold or offered for sale in the jurisdictions covered by the

report.

These implementing rules and regulations, having been

published in a newspaper of national circulation, shall

take effect on June 15, 1979.

Act No 4103 | Indeterminate Sentence Law

December 5, 1933

ACT NO. 4103

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 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. (as amended by

Act No. 4225, [August 8, 1935])i

SECTION 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. (as amended by Act No. 4225, [August

8, 1935])i

SECTION 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. (as amended by Republic Act No.

4203, [June 19, 1965])

SECTION

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. (as amended by Republic Act No.

4203, [June 19, 1965])

SECTION

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, the 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 two 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

© Compiled By RGL

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