PAROLE

➢ refers to the conditional release of an offender from a correctional institution after he has served the minimum period of
his prison sentence
➢ refers to the conditional release of an offender from a correctional institution after he has served the minimum period of
his prison sentence
➢ May be given after the prisoner has served the minimum penalty; is granted by the Board of Pardons and Parole under the
provisions of the Indeterminate Sentence Law.
PAROLE- was derived from French word “Parole d’ honeur” meaning word of honor and is use in connection with the
release of prisoners was derived from the idea that they were released on their word of honor.
➢ Parole system in the Philippines is governed by the Indeterminate Sentence Law also known as Act No. 4103 enacted on
December 5, 1933 and this law was subsequently amended by Act 4225 and later on June 19, 1945 it was amended by RA
4203.

OBJECTIVES OF PAROLE
• To uplift and redeem valuable human resources material to economic usefulness;
• To prevent unnecessary and excessive deprivation of personal liberty.

Essential Elements of Parole

✓ That the offender is convicted;
✓ That he served part of his sentence in prison;
✓ That he is release before the full expiration of his sentence;
✓ That the said release is conditional, defending on his good behavior; and
✓ That he remains on parole until expiration of his maximum sentence.

Eligible for Parole - A prisoner is eligible for the grant of parole unless otherwise disqualified upon showing that is confined in jail
prison to serve an indeterminate prison sentence, the maximum period of which exceeds one (1) year, pursuant to final judgment of
conviction and that he has served the minimum period of sentence less the good conduct time allowance earned.

GRANT OF PAROLE: The Board may grant if the following are present:
• That the prisoner is fitted by his training for release
• That there is a reasonable probability, if released to live and live and remain at liberty without violating the law.
• That his release will not be incompatible with the welfare of the society.

DEFERMENT OF PAROLE When safety compromised; if there is a clear and convincing evidence that the release of parole will
endanger his own life or those of his/her relatives or of the victim his/her relatives, witnesses and the community on the basis of
pre-parole investigation, the release shall be deferred until the danger ceases.

Documents to be Considered. — The carpeta and prison record of the prisoner and other relevant documents, such as the mittimus
or commitment order, prosecutor’s information and trial/appellate court’s decision of the case of the prisoner shall be considered
by the Board in deciding whether or not to recommend executive clemency or to grant parole. In case the prisoner has one or more
co-accused who had been convicted, the Board shall consider at the same time the prison records and carpetas of said co-accused.

Disqualification for Parole - The following prisoners shall not be granted parole:

✓ Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
✓ Those convicted of treason, conspiracy or proposal to commit treason or espionage;
✓ Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
✓ Those convicted of piracy or mutiny on the high seas or Philippine waters;
✓ Those who are habitual delinquents i.e., those who, within a period of ten (10) years from the date of release from prison
or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa and falsification, are found
guilty of any of said crimes a third time or oftener;
✓ Those who escaped from confinement or evaded sentence;
✓ Those who were granted Conditional Pardon and violated any of the terms thereof;
✓ Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
 ✓ Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
✓ Those whose conviction is on appeal;
✓ Those who have pending criminal case/s

Advantages of Parole
✓ Parole provides a transitional period between the regimentation of institution life and the freedom of normal life in the
community. During this time a parole officer guides and supervises the conditionally released offender and thus not only provides
assistance in his efforts to become a law-abiding member of society but also helps to protect the community from the criminal
inclinations which the released offender may still have. Furthermore, if the parole violates the conditions of his parole, he may be
immediately returned to the correctional institution without receiving a trial, but in cases where the parolee has committed a
new crime, but he must stand trial for it.
✓ Parole permits an administrative agency to decide when an offender should release. The theory of parole is based upon the
assumption that such an agency which has an opportunity to study the offender during his institutionalization, is in a better
position than the sentencing judge to decide the exact time of release in each case. It is true that many offenders are ultimately
discharge at the termination of their sentence regardless of the action of the parole agency, but even in these cases it would be
better to have a period of conditional release, during which the individual’s activity could be restricted by supervisory methods,
than to have no transitional whatsoever after release.
✓ Parole reduces the periods of institutionalization. Since many correctional institutions still have to rehabilitate offenders and may
actually provide opportunities for further training in crime, parole may be great advantages in many cases. Besides, there is the
tendency for even best institutions, with their rules, regulation, and routine, to deprive inmates of their initiative and self-
confidence, qualities they must have if they are to adjust successfully in the outside world. The longer the offender remains in an
institution, the greater this tendency becomes. Parole can prevent the loss of such qualities or can to restore them in cases where
they have been lost.
✓ Parole makes it possible to release an offender at the time when he is mentally and emotionally ready to return to the
community. Prison authorities and guards recognized that there is always such time in every inmate’s life, and that if he is not
released when it arrives, the possibility of his committing another crime after release may be increased.
✓ The parole officer can overt an influence for the prevention of delinquency and crime. Since he must become intimately
acquainted with the parolee’s family and neighborhood, he is in the position to detect and reduce the causes of these problems.
✓ Parolees have the opportunity to support themselves and their dependents, thus receiving the state of this responsibility, and to
make restitution to the victims of their crimes.
✓ It cost less to keep an offender on parole than to maintain him in a correctional institution. While economy should not be a
primary consideration in granting parole it certainly cannot be disregarded when all other circumstances indicate that he should
be so handled.

Indeterminate sentence- is distinguished from a determinate sentence when the sentence provides for a minimum period and a
maximum period
Determinate sentence- has only one period in the sentence of the court.

Parole Supervision: The parolee shall be placed to the supervision of the parole and probation officer under the PPA.
• It is an essential feature of parole is the supervision of the offender during the remaining part of the sentence after his
release from prison.
• Parole supervision shall seek to ensure the faithful compliance by the client with the terms and conditions for his release
and bring about his rehabilitation and early re-integration into the community. It shall be deemed to start on the date the
client presents his Release Document to the Office and submits himself for supervision.
• The period of parole supervision shall extend up to the expiration of the maximum sentence which should appear in the
Release Document.

PRE-PAROLE INVESTIGATION-The Parole and Probation Administration

• conducts the pre-parole investigation of all the sentence prisoner confined in prisons and jails within their jurisdiction. The
purpose is to determine whether the offenders confined in prisons/ jails are qualified to parole or any form of executive
clemency.

PRE-PAROLE-INVESTIGATION REPORT- A report made after conducting a PPI to determine whether offenders in prison may be
qualified for parole or any form of executive clemency and to discuss with them their plan after their release.
PAROLE PROCESS

30 DAYS BEFORE EXPIRATION OF THE MINIMUM OF THE SENTENCE

Director Carpeta Board of Pardons and Parole

SERVE THE REMAINING MINIMUM OF THE SENTENCE

FORMAL PETITION (ADDRESSED TO THE CHAIRMAN OF BPP)

BOARD OF PARDONS AND PAROLE QUALIFY

DISQUALIFIED REFFERAL

PAROLE AND PROBATION ADMINISTRATION

PRISON

PAROLE OFFICER

PRE-PAROLE INVESTIGATION (60 DAYS)

PRE-PAROLE INVESTIGATION REPORT

BOARD OF PARDONS AND PAROLE

ENBANC (7 MEMBERS OF THE BPP)

VOTING (MUST BE MAJORITY)

GRANTED

RELEASED DOCUMENT PAROLEE

Petitions for Parole Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
➢ A petition for parole shall state the ➢ the trial/appellate court,
➢ name of the prisoner, ➢ his penalty of imprisonment, fine, indemnity and the
➢ his age, commencing date thereof,
➢ previous criminal record, if any, ➢ the jail or prison to which he was committed and/or
➢ citizenship or an alien and, if a naturalized Filipino, where he is presently confined,
his former nationality and date of naturalization, ➢ the date he was received for confinement,
➢ his previous occupation, ➢ the grounds upon which executive clemency is being
➢ place of residence, asked and certification from the trial court that his
➢ present crime for which he was convicted, case is not on appeal.

- In case of violation of election laws, rules and regulations, a petition for parole shall be referred to the Commission on
Elections for favorable recommendation, provided, however, that regardless of the crime committed, a petition for parole
may be referred for a pre-parole investigation to a Probation and Parole Officer who shall submit a report on the behavior,
character antecedents, mental and physical condition of the petitioner within thirty (30) days from receipt of referral, to
include the results of the National Bureau of Investigation records check.
- In case of an alien, the petition shall be referred to the Department of Foreign Affairs for comment and recommendation.

PRISONERS AFTER RELEASE FROM CONFINEMENT MUST PRESENT HIMSELF Within the period prescribed in his release document,
the prisoner shall present himself to the Parole and Probation Office specified in the release document, under the supervision of a
Parole and Probation Officer so that former may be guided and assisted towards rehabilitation.

Form of Release Document. — The form of the Release Document shall be prescribed by the Board and shall contain the latest 1” x
1” photograph and right thumbprint of the prisoner.

Transmittal of Release Document. — The Board shall send a copy of the Release Document to the prisoner named therein through
the Director of Corrections or Warden of the jail where he is confined who shall send a certification of the actual date of release of
prisoner to the Probation and Parole Officer.

Initial Report. — If Parolee fails to report within FIFTEEN (15) days from the date of his release from confinement, the Probation and
Parole Officer shall inform the Board of such failure for the Board’s appropriate action.

Arrival Report. — WHEN THE PAROLEE REPORTS FOR SUPERVISION, the Probation and Parole Officer concerned shall IMMEDIATELY
inform the Board, through the Technical Services of the Parole and Probation Administration, of such fact BY SUBMITTING THE
NECESSARY ARRIVAL REPORT.

Mandatory Conditions of Supervision. — It shall be mandatory for a client to comply with the terms and conditions appearing in the
release document.

Review and Modification of Conditions. — The Board may, upon the recommendation of the Probation and Parole Officer, revise or
modify the terms and conditions appearing in the Release Document.

Transfer of Residence- A parolee may not transfer from the place of residence designated in his Release Document without the prior
written approval of EITHER the Regional Director OR THE ADMINISTRATOR, subject to the confirmation of the Board.

Outside Travel.

✓ A Chief Probation and Parole Officer may authorize a client to travel outside his area of operational jurisdiction for a period
of not more than thirty (30) days.
✓ A travel for more than 30 days shall be approved by the Regional Director.

Travel Abroad and/or Work Abroad. — Any parolee or pardonee under active supervision/surveillance who has no pending criminal
case in any court may apply for overseas work or travel abroad. However, such application for travel abroad shall be approved by
the Administrator and confirmed by the Board.

Death of Client. — If a client dies during supervision, the Probation and Parole Officer shall immediately transmit a certified true
copy of the client’s death certificate to the Board recommending the closing of the case. However, in the absence of a death
certificate, an affidavit narrating the circumstances of the fact of death from the barangay chairman or any authorized officer or any
immediate relative where the client resided, shall suffice.
REPORTS

✓ A Progress Report on the conduct of the Parolee while under supervision.

✓ A Status Report when a Parolee commits another offense during the period of his parole supervision and the case filed
against him is not yet decided by the courts.
✓ An Infraction Report when the parolee has been subsequently convicted of another crime.
✓ A Violation Report when a parolee commits any violation of the terms and conditions appearing in his Release Document
or any serious deviation or non-observance of the obligations set forth in the parole supervision program.

➢ Any violation of the terms and conditions appearing in his Release Document or any serious deviation or non-observance of the
obligations set forth in the parole supervision program shall be immediately reported by his Probation and Parole Officer to
the Board.

Fact-Finding Investigation. An investigation on any alleged or reported violation of probation condition(s) to determine the veracity
and truthfulness of the allegation.

Violation of Condition.
• After the completion of the fact-finding investigation, the Supervising Probation Officer on case shall prepare a violation
report thereon containing his findings and recommendations and submit the same to the CPPO for review and approval.
• In some cases, a probationer who has not reported for initial supervision within the seventy-two (72) hours from his receipt
of the Probation Order or within the prescribed period ordered by the Trial Court or whose whereabouts could not be
ascertained notwithstanding best efforts exerted within a reasonable period of time by the City and Provincial Parole and
Probation Office shall be immediately reported to the Trial court for appropriate action.
• Thereafter, said Parole and Probation Office shall file with the trial court a Violation Report (PPA Form 8), containing its
findings and recommendation, duly prepared and signed by the SPPO, SrPPO, PPOII, PPOI concerned and duly noted by the
CPPO for the court's resolution.

ARREST OF THE CLIENT OF PAROLE Upon receipt of an infraction report, the Board shall immediately order the arrest of the client
of the Parole and shall be made to serve the remaining unexpired portion of the maximum sentence for which he was originally
committed to prison.

Recommitted order- an order of the court committing the defendant back to the custody of the sheriff.

Effect of Recommitment of Client. — The client who is recommitted to prison by the Board shall be made to serve the remaining
unexpired portion of the maximum sentence for which he was originally committed to prison.

Cancellation of Pardon/Parole. — The Board may recommend the cancellation of the pardon or cancel the grant of parole of a client
if it finds that material information given by said client to the Board, either before and after release, was false, or incomplete or that
the client had willfully or maliciously concealed material information from the Board.

Review of Case of Recommitted Parolee. — The Board may consider the case of a recommitted parolee for the grant of a new
parole after the latter shall have served one-fourth (1/4) of the unserved portion of his maximum sentence.

TERMINATION OF PAROLE After the expiration of the maximum period of the sentence of a client provided, he does not commit
any infraction and the Board may, upon the recommendation of the Parole and Probation Officer, issue a Certificate of Final
Release and Discharge to a Parole

Certificate of Final Release and Discharge. — After the expiration of the maximum sentence of a client, the Board shall, upon the
recommendation of the Chief Probation and Parole Officer that the client has substantially complied with all the conditions of his
parole/pardon, even before the expiration of maximum sentence and upon the recommendation of the Chief Probation and Parole
Officer, the Board may issue a certificate of Final Release and Discharge to a parolee/pardonee pursuant to the provisions of Section
6 of Act No. 4103, as amended. The clearances from the police, court, prosecutor’s office and barangay officials shall be attached
to the Summary Report.

Effect of Certificate of Final Release and Discharge. — Upon the issuance of a certificate of Final Release and Discharge, the
parolee/pardonee shall be finally released and discharged from the conditions appearing in his release document. However, the
accessory penalties of the law which have not been expressly remitted therein shall subsist.
Transmittal of Certificate of Final Release and Discharge. — released client, the Probation and Parole Officer who has supervision
over him, the client, the Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police and the Office of
the President.

ORIGIN OF DEVELOPMENT OF PAROLE

✓ Captain Alexander Maconochie, penal superintendent at Norfolk Island colony, Australia, who in 1840 originated
the use of ticket of leave, or conditional release equivalent to parole. Alexander Maconochie was then called the
Father of Parole.
✓ MARKS SYSTEM  In 1837 Alexander Maconochie, a retired British naval captain and professor of geography,
proposed to the House of Commons a system whereby the duration of the sentence would be determined not
by time but by the prisoner’s industry and good conduct.
 He proposed a marks system by which “marks” or credits would be credited daily to prisoners
in accordance with their behavior and the amount of labor they performed. As prisoners’ demonstrated
evidence of good behavior and a good work ethic, their freedom and privileges gradually increased. Marks were
deducted for negative behavior. Maconochie’s system allowed prisoners to move from strict imprisonment, to
labor in work gangs, through conditional release around the island, and finally to complete restoration of liberty.

✓ Sir Walter Crofton and the Irish System

 Sir Walter Crofton, who had studied Maconochie’s innovations on Norfolk Island, became the
administrator of the Irish prison system in 1854. Crofton adopted the use of the marks system inside prison.
Under Crofton’s administration, the Irish system became renowned for its three levels: strict imprisonment,
indeterminate sentence, and ticket-of-leave. Each prisoner’s classification was determined by the marks he or
she had earned for good conduct and achievement in industry and education, a concept borrowed from
Maconochie’s experience on Norfolk Island.

PAROLE IN THE PHILIPPINES

- Parole in the Philippines is governed by the INDETERMINATE SENTENCE LAW, also known as ACT NO. 4103,
Dated December 05, 1933, and this law was subsequently amended by ACT No. 4225, and later in June 19, 1965
by Republic Act No. 4203.

PAROLE ADMINISTRATION IN THE PHILIPPINES

- Parole in the Philippines is administered by the Board of Pardons and Parole

The Board shall be composed of the following:

➢ Secretary OF JUSTICE as the Chairman
➢ The administrator of the 5 parole and probation administration as the vice chairman
➢ Six (6) members consisting of the o DIRECTOR OF THE BUREAU OF CORRECTIONS,
• a Sociologist;
• a psychologist;
• a clergyman;
• an educator;
• and a member of the Philippine Bar
Provided, That AT LEAST one of them is a woman. PROVIDED FURTHER, THAT, AT THE ABSENCE OF THE CHAIRMAN, THE
VICE-CHAIRMAN SHALL PRESIDE. The members of the board shall be appointed by the President upon the
recommendation of the Secretary and shall hold office for a term of six (6) years, without prejudice to appointment."

"In case of vacancy by reason of death, incapacity, resignation or removal of any of the Board members, the Secretary
shall have the authority to designate a temporary member possessing the qualifications of his predecessor and to serve
out his unexpired term or until the President shall have appointed a regular member to fill the vacancy."
The PAROLE AND PROBATION ADMINISTRATION - (PPA) is an attached agency of the Department of Justice which
provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community-
based treatment programs.

Structural and Personnel Organization of PPA

➢ The Administration shall be headed by an Administrator who shall be immediately assisted by a Deputy
Administrator. The Administrator and Deputy Administrator shall be appointed by the President upon the
recommendation of the Secretary. The appointees to the positions of Administrator and Deputy Administrator
must be holders of a doctoral/masteral degree in public administration and/or lawyers with at least one year of
supervisory experience in probation work.
➢ The Administration shall have a Technical Service under the Office of the Administrator which shall serve as the
service arm of the Board of Pardons and Parole in the supervision of parolees and pardonees.

The Board and the Administration shall jointly determine the staff complement of the Technical Service.
➢ The Administration shall likewise continue to operate and maintain a Regional Office in each of the
administrative regions including the National Capital Region and also a probation and parole office in every
province and city of the country.

• The Regional, Provincial and City Offices of the Administration shall each be headed by a Regional
Probation and Parole Officer, Provincial/City Probation and Parole Officer, respectively, all of whom shall be
appointed by the Secretary upon the recommendation of the Administrator.
• The Provincial or City Probation and Parole Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out their duties and functions. For this
purpose, the Administrator may appoint citizens of good repute and probity to act as Probation and Parole
Aides who shall not receive any regular compensation for their services except reasonable travel allowance.

Good conduct time allowance (GCTA) may be granted to an inmate who displays good behavior and who has no record
of breach of discipline or violation of prison rules and regulations.
GCTA of Detainee life termer- a detainee shall only be granted CGTA if he voluntarily offers in writing to perform such
labor as may be assigned to him. In such a case, the credit he may receive shall be deducted from sentence as may be
imposed upon him if he is convicted. An inmate sentenced to life imprisonment shall not be granted GCTA while his
sentence is on appeal.
Revocation/Restoration of GCTA- GCTA once granted shall not be revoked without just cause. The GCTA, which an
inmate is deprived of because of misconduct, may be restored at the discretion of the Director upon the
recommendation of the Superintendent.

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:
✓ During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of
good behavior during detention; “
✓ 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; “
✓ 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; “
✓ 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 “
 ✓ 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.”

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.

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