Practice question
A qualified prisoner has served the minimum indeterminate term but has not completed the maximum. The prisoner demands unconditional release, arguing that the minimum is automatically the entire sentence and no parole determination is needed. Which is best?
- The minimum automatically erases the maximum.
- The prisoner's own declaration ends all custody.
- Every minimum term is merely advisory.
- No prisoner can ever qualify for parole.
- Minimum service does not itself guarantee release; parole remains subject to the statutory determination and conditions.
Legal references
- https://lawphil.net/statutes/acts/act1935/act_4225_1935.html — Act4225 Sections1–2 amending Act4103 Sections1–2.
- https://lawphil.net/statutes/acts/act1933/act_4103_1933.html — Indeterminate Sentence Law, Section5, discretionary parole subject to its requirements.
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