Board of Pardons and Parole 
- was created 1.Convicted of evasion of service of sentence;
pursuant to Act No. 4103, as amended. It is the
intent of the law to uplift and redeem valuable
human material to economic usefulness and to
prevent unnecessary and excessive deprivation of
personal liberty.
Functions:
To grant parole to qualified prisoners;
To recommend to the President the grant of
pardon and other forms of executive clemency;
To authorize the transfer of residence of parolees
and pardonees, order their arrest and
recommitment, or grant their final release and
discharge.
Basis for Grant of Parole
The prisoner is fit to be released;
There is a reasonable probability that, if released,
he or she will live and remain at liberty without
violating the law; and
His or her release will not be incompatible with
the welfare of society.
How May Executive Clemency Be Exercised?
Reprieve
Absolute pardon
Conditional pardon
Commutation of sentence.
Commutation – refers to the reduction of
the duration of a prison sentence of a prisoner.
Commutation Allowed When:
a.person is over 70 years old
b.8 justices fail to reach a decision affirming the
death penalty
Absolute Pardon - An act of grace, proceeding from
the power entrusted with the execution of the laws,
Exempts the individual from the penalty of the
crime he has committed.
Conditional Pardon - If delivered and accepted, it is
a contract between the executive and the convict
that the former will release the latter upon
compliance with the condition.
Example of a condition:
Not to violate any of the penal laws of the country
again.
Reprieve - refers to the deferment of the
implementation of the sentence for an interval of
time; it does not annul the sentence but merely
postpones or suspends its execution
Basis for Grant of Executive Clemency
The BPP recommends to the President the grant of
executive clemency when any of the following
circumstances are present:
 The trial or appellate court recommended in its
decision the grant of executive clemency for the
prisoner
 Under the peculiar circumstances of the case,
the penalty imposed is too harsh compared to
the  crime committed
 Offender qualifies as a youth offender at the
time of the commission of the offence
 Prisoner is seventy years old and above;
 Prisoner is terminally-ill;
 Alien prisoners where diplomatic considerations
and amity among nations necessitate review and
 Other similar or analogous circumstances
whenever the interest of justice will be served
thereby
When Applications for Executive Clemency will not
be favorably Acted Upon by The Board of Pardon
and Parole
2.Who violated the conditions of their conditional
pardon;
3.Who are habitual delinquents or recidivists;
4.Convicted of kidnapping for ransom;
5.Convicted of violation of the Dangerous Drugs Act
of 1972 and the Comprehensive Dangerous Drugs
Act of 2002;
6.Convicted of offences committed under the
influence of drugs 
7.Whose release from prison may constitute a
danger to society.
Issues Confronting The Philippine Corrections
System
Overcrowding of Certain Prison Institutions/Jails
Fragmented Set-Up of the Corrections System
Lack of Information Technology Systems and
Expertise
Lack of/Inadequate Training - lack of awareness
and understanding by some prison/jail officials
and staff on the rights of inmates.
Petitions for parole shall be addressed to the
Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio ,
consider cases for parole, commutation of sentence
or conditional pardon of deserving prisoners
whenever the interest of justice will be served
thereby.
Minimum Requirements A Prisoner Must Meet
Before Petitions for executive clemency may be
reviewed.
For Commutation of Sentence:
1.The prisoner shall have served at least one-third
(1/3) of the minimum of his indeterminate and/or
definite sentence or the aggregate minimum of
his indeterminate and/or definite sentences.
2.At least ten (10) years for prisoners sentenced to
Reclusion Perpetua or Life imprisonment for
crimes or offenses committed before January 1,
1994.
3.At least twelve (12) years for prisoners whose
sentences were adjusted to a definite prison term
of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code,
as amended.
4.At least fifteen (15) years for prisoners convicted
of heinous crimes as defined in Republic Act No.
7659 and other special laws committed on or
after January 1, 1994 and sentenced to one or
more Reclusion Perpetua or Life imprisonment.
5.At least twenty (20) years in case of one (1) or
more Death penalty/penalties, which was/were
automatically reduced or commuted to one (1) or
more Reclusion Perpetua or Life imprisonment.
 For Conditional Pardon
The prisoner shall have served at least one-half
(1/2) of the minimum of his original
indeterminate and/or definite. However, in the
case of a prisoner who is convicted of a heinous
crime as defined in Republic Act No. 7659 and
other special laws, he shall have served at least
one-half (1/2) of the maximum of his original
indeterminate sentence before his case may be
reviewed for conditional pardon.
For Absolute Pardon
After he has served his maximum sentence or
granted final release and discharge or court
termination of probation. However, the Board
may consider a petition for absolute pardon even
 before the grant of final release and discharge Those who are habitual delinquents.
under the provisions of Section 6 of Act No. 4103, Those who shall have escaped from confinement
as amended, as when the petitioner: or evaded sentence.
a.is seeking an appointive/elective public Those who violated the terms of conditional
position or reinstatement in the government pardon granted to them by the Chief Executive.
service; Those whose maximum term of imprisonment
does not exceed one year.
b.needs medical treatment abroad which is not
Those who, upon the approval of the law, had
available locally;
been sentenced by final judgment.
c. will take any government examination; or
Those sentenced to the penalty of destierro or
d.is emigrating
suspension.
Prisoners who escaped or evaded  service  of
Purpose of the law: to uplift and redeem valuable
sentence are not eligible for executive clemency for
human material and prevent unnecessary and
a period of one (1) year from the date of their last
excessive deprivation of liberty and economic
recommitment to prison or conviction for evasion
usefulness
of  service  of sentence.
It is necessary to consider the criminal first as an
Bureau of Correction - Where the penalty imposed
individual, and second as a member of the
exceeds three years, the offender shall serve his or
society.
her sentence in the penal institutions of the BuCor.
The law is intended to favor the defendant,
Carpeta - refers to the institutional record of an
particularly to shorten his term of imprisonment,
inmate which consists of his mittimus or
depending upon his behavior and his physical,
commitment order issued by the Court after
mental and moral record as a prisoner, to be
conviction, the prosecutor's information and the
determined by the Board of Indeterminate
decisions of the
Sentence.
trial court and the appellate court, if any; certificate
The settled practice is to give the accused the
of non-appeal, certificate of detention and other
benefit of the law even in crimes punishable with
pertinent documents of the case.
death or life imprisonment provided the resulting
District Jail - is a cluster of small jails, each having a
penalty, after considering the attending
monthly average population of ten or less inmates,
circumstances, is reclusion temporal or less.
and is located in the vicinity of the court.
ISL does not apply to destierro. ISL is expressly
Jail - is defined as a place of confinement for
granted to those who are sentenced to
inmates under investigation or undergoing trial, or
imprisonment exceeding 1 year.
serving short-term sentences.
Procedure For Determining The Maximum and
- Jails include provincial, district, city and
Minimum Sentence
municipal jails managed and supervised by the
a.It consists of a maximum and a minimum instead
Provincial Government and the Bureau of Jail
of a single fixed penalty.
Management and Penology (BJMP), respectively,
b.Prisoner must serve the minimum before he is
which are both under the Department of the
eligible for parole.
Interior and Local Government.
c. The period between the minimum and maximum
Municipal and city prisoners are committed
is indeterminate in the sense that the prisoner
to municipal, city or district jails managed by the
may be exempted from serving said
BJMP.
indeterminate period in whole or in part.
Prison -  refers to the national prisons or
d.The maximum is determined in any case
penitentiaries managed and supervised by the
punishable under the RPC in accordance with the
Bureau of Corrections, an agency under the
rules and provisions of said code exactly as if the
Department of Justice.
ISL had never been enacted.
Provincial Jail - Where the imposable penalty for
e.Apply first the effect of privileged mitigating
the crime committed is more than six months and
circumstances then consider the effects of
the same was committed within the municipality,
aggravating and ordinary mitigating
the offender must serve his or her sentence in the
circumstances.
provincial jail which is under the Office of the
f. The minimum depends upon the court’s
Governor.
discretion with the limitation that it must be
Executive Clemency - refers to Reprieve, Absolute
within the range of the penalty next lower in
Pardon, Conditional Pardon with or without Parole
degree to that prescribed by the Code for the
Conditions and Commutation of Sentence as may
offense committed.
be granted by the President of the Philippines.
NOTE: A minor who escaped from confinement in
Indeterminate Sentence Law
the reformatory is entitled to the benefits of the ISL
The indeterminate sentence is composed of:
because his confinement is not considered
a MAXIMUM taken from the penalty imposable
imprisonment.
under the penal code
Parole – The suspension of the sentence of the
a MINIMUM taken from the penalty next lower to
convict after serving the minimum term of the
that fixed in the code.
intermediate penalty, without being granted a
 The law does not apply to certain offenders:
pardon, prescribing the terms upon which the
Persons convicted of offense punished with death
sentence shall be suspended.
penalty or life imprisonment.
- May be given after the prisoner has served
Those convicted of treason, conspiracy or
the minimum penalty; is granted by the Board of
proposal to commit treason.
Pardons and Parole under the provisions of the
Those convicted of misprision of treason,
Indeterminate Sentence Law.
rebellion, sedition or espionage.
Those convicted of piracy.
Disqualification for Parole - The following prisoners Progress Report - refers to the report submitted by
shall not be granted parole: the Probation and Parole Officer on the conduct of
1.Those convicted of an offense punished with the parolee/pardonee while under supervision.
Death penalty, Reclusion Perpetua or Life Infraction Report -  refers to the report submitted
imprisonment; by the Probation and Parole Officer on violations
2.Those convicted of treason, conspiracy or committed by a parolee/pardonee of the conditions
proposal to commit treason or espionage; of his release on parole or conditional pardon while
3.Those convicted of misprision of treason, under supervision.
rebellion, sedition or coup d'etat; Summary Report - refers to the final report
4.Those convicted of piracy or mutiny on the high submitted by the Probation and Parole Officer on
seas or Philippine waters; his supervision of a parolee/pardonee as basis for
5.Those who are habitual delinquents i.e. those the latter's final release and discharge.
who, within a period of ten (10) years from the Sentence - in law, is the penalty imposed by the
date of release from prison or last conviction of court in a criminal case against a person, known as
the crimes of serious or less serious physical the “accused”, who is found guilty of committing
injuries, robbery, theft, estafa and falsification, the crime charged.
are found guilty of any of said crimes a third time Youth Offender - is defined as a child, minor or
or oftener; youth who is over nine years but under eighteen
6.Those who escaped from confinement or evaded years of age at the time of the commission of the
sentence; offense.
7.Those who were granted Conditional Pardon and
violated any of the terms thereof;
8.Those whose maximum term of imprisonment
does not exceed one (1) year or those with
definite sentence;
9.Those suffering from any mental disorder as
certified by a government psychiatrist/
psychologist;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s.
Special Factors - The Board may give special
consideration to the recommendation for
commutation of sentence or conditional pardon
whenever any of the following circumstances are
present:
a.Youthful offenders;
b.Prisoners who are sixty (60) years old and above;
c. Physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
d.Serious illness and other life-threatening disease
as certified by a government physician;
e.Those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;
f. Alien prisoners where diplomatic considerations
and amity between nations necessitate review;
Circumstances which show that his continued
imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his co-
inmates; and,
g.Such other similar or analogous circumstances
whenever the interest of justice will be served
thereby.
Prison Record - refers to information concerning an
inmate's personal circumstances, the offense he
committed, the sentence imposed, the criminal case
number in the trial and appellate courts, the date
he commenced serving his sentence, the date he
was received for confinement, the place of
confinement, the date of expiration of the
sentence, the number of previous convictions, if
any, and his behavior or conduct while in prison.
Probation - is a disposition under which an accused,
after conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.