DISTINGUISH PAROLE FROM PARDON The purpose of the law is to uplift and redeem valuable human material and
The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary
Parole is the release from imprisonment after serving the minimum penalty imposed under the
Indeterminate Sentence Law (Act. No. 4103). It is granted by the Board of Pardons and Parole. It
does not result in full restoration of liberty as the parolee is still in the custody of the law because he
is required to report personally to such government officials or other parole officers appointed by
the Board of Pardons and Parole 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.
Pardon on the other hand is an act of grace of the President which exempts the individual on whom
it is bestowed from punishment which the law inflicts on the crime committed. It can be granted at
any time after final judgment of conviction without any condition (absolute pardon) or subject to
some requirements or qualifications as the President may see fit such as: that the grantee shall not
again violate any of the penal laws, shall make periodic reporting or shall not change residence
without prior permission from the Board or shall conduct himself in an orderly manner (conditional
pardon). To be effective the grantee must accept the conditions.
SUBSIDIARY LIABILITY OF EMPLOYERS
In order that an employer may be held subsidiarily liable for the employee's civil liability in the
criminal action, it should be shown (1) that the employer, etc. is engaged in any kind of industry, (2)
that the employee committed the offense in the discharge of his duties and (3) that he is insolvent.
The subsidiary liability of the employer, however, arises only after (4) conviction of the employee
in the criminal action. All these requisites present, the employer becomes ipso facto subsidiarily
liable upon the employee's conviction and upon proof of the latter's insolvency. (Carpio vs Doroja)
SCHOOLS OF THOUGHT
There are two schools of thought in Criminal Law, and these are (a) the CLASSICAL THEORY,
which simply means that the basis of criminal liabilities is human free will, and the purpose of the
penalty is retribution which must be proportional to the gravity of the offense; and (b) the
POSITIVIST THEORY, which considers man as a social being and his acts are attributable not just
to his will but to other forces of society. As such, punishment is not the solution, as he is not
entirely to be blamed; law and jurisprudence should not be the yardstick in the imposition of
sanction, instead the underlying reasons would be inquired into.
We follow the classical school of thought although some provisions of eminently positivist in
tendencies, like punishment of impossible crime, Juvenile circumstances, are incorporated in our
Code.
INDETERMINATE SENTENCE LAW
(Act No. 4103, as amended, Dec. 5, 1933)
and excessive deprivation of personal liberty and economic usefulness. (People v. Onate, 78 SCRA
43) As a rule, it is intended to favor the accused particularly to shorten his term of imprisonment,
depending upon his behavior and his physical, mental, and moral record as a prisoner to be
determined by the Board of Indeterminate Sentence.
Indeterminate sentence is a sentence with a minimum term and a maximum benefit of a guilty
person, who is not disqualified therefore, when the maximum penalty of imprisonment exceeds one
year. It applies to both violations of the RPC and special laws.
Whenever any prisoner who shall have served the minimum penalty imposed on him, said Board
of Indeterminate Sentence may, in its discretion, and in accordance with the rules and
regulations adopted thereunder, authorize the release of such prisoner on parole. If during the
period of surveillance, such parolee shall show himself to be a law-abiding citizen and shall
not violate any of the laws of the Philippines, the Board may issue a final certificate of release in his
favor. Whenever any prisoner released on parole shall, during the period of surveillance,
violate any of the conditions of his parole, the Board may issue an order for his re-arrest and shall
serve the remaining unexpired portion of the maximum sentence.
The application of the Indeterminate Sentence Law is mandatory if the imprisonment would exceed
one year. It would be favorable to the accused. (People v. Judge German Lee, Jr., 86859, Sept. 12,
1984)
PROBATION LAW
(PD 968, as amended, July 24, 1976)
Probation is a disposition, under which a defendant after conviction and sentence, is released
subject to the conditions imposed by the Court and to the supervision of a probation officer.
The purpose of the law are:
1. Promote the correction and rehabilitation by providing the offender with individualized
treatment.
2. Provide an opportunity for the reformation of an offender which might be less probable if he
were to serve a prison sentence.
3. Prevent the commission of offenses.
The disqualified offenders are:
1. Sentenced to serve a maximum term of imprisonment of more than 6 years.
2. Convicted of any crime against the national security (treason, espionage, piracy, etc.) or the
public order (rebellion, sedition, direct assault, resistance, etc.).
3. Who have been previously 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 P 200. (Q2, 1993 Bar)
4. Who have been once on probation.
5. Who are already serving sentence at the time of the effectivity of the Decree.