NON – INSTITUTIONAL CORRECTION CA 2 RULES AFTER GRANT OF PAROLE

PAROLE PERIOD OF PAROLE

 Refers to the conditional release of an offender from a penal institution after he has served the minimum period of
his prison sentence.
 Parole is also defined as a procedure by which prisoners are selected for release on the basis of individual response
and progress within the correctional institution in service by which they are provided with a necessary control and
guidance as they serve the remainder of their sentence within the community .
 The period of parole supervision shall extend up to the expiration of the
 Maximum sentence which should appear in the Release Document , subject to the provisions of Sections 6 of
Act No. 4103 with respect to the early grant of Final Release and Discharge.
PAROLE SUPERVISION

Act No. 4103 The Indeterminate Sentence Law
 an act to provide for an indeterminate sentence and parole for all persons convited for certain crimes by the
courts of the philippine islands; to create a board of indeterminate sentence and to provide funds therfor; and
for other purposes.
 The parolee shall be placed under the supervision of the Probation and Parole officer specified in the release
document so that the former be guided and assisted towards rehabilitation.
 The period of parole supervision shall extend up-to the expiration of the maximum sentence which should appear in
the release document.
PRESENTATION OF PROBATION AND PAROLE OFFICER

 With the period of prescribed in his release documents, the parolee shall present himself to the Probation and Parole
ESSENTIAL ELEMENT OF PAROLE officer specified in the release documents.
 If the parolee fails to report within 45 days from the date of hi release from confinement, the Probation and Parole
 The prisoners sentence becorhes final and executory Officer shall inform the Board of such failures for the Bards appropriate action.
 That her serves part of his sentence
 That he released after the expiration of minimum sentence
 That said liberty is anchored on good behavior , and That he remains on parole until the expiration of his
maximum sentence. TRANSFER OF RESIDENCE

 A parolee may NOT transfer from theplace of residence designated in Released document.

WHO GRANTS PAROLE TO A PRISONER ? OUTSIDE TRAVEL

 The Board of Pardons and Parole (BPP), an agency under the Office of the Secretary of Justice.  The Chief of PPO may authorize a parolee to travel outside for a period of not more than 30 days
The Board shall be composed of the Secretary as a Chairman and six (6) members consisting of :  A travel for more than 30 days shall be approved by the Regional Director
1. Administrator of the Parole and Probation Administration – as ex officio member 2. A Sociologist 3. A
Clergyman 4. An Educator 5. A lawyer 6. A person with training and experience in correction work.
TRAVEL ABROAD

Take note: at least one (1) woman

 Any parolee under active supervision who has no pending case in any court may apply for
overseas work or travel abroad. However such application for travel abroad shall be approved
DISQUALIFIED FOR PAROLE by the PPA and confirmed by the Board.

 Generally , those sentenced to a term of imprisonment of one(1) year or less, or to a straight penalty, or to a prison The Probation or Parole Officer concerned shall submit the following reports of the Board:
sentence without a minimum term of imprisonment
 Those convicted of crimes against National security and Public Order
 A Progress Report – When a parolee commits another offense during the period of his parole supervision and
 Those who are habitual delinquent
the case filed against him has no yet been decided by the court or on the conduct of the parolee while under
 Those who escaped from confinement or evaded sentence, or violated the terms of conditional pardon.
supervision.
 Those who have undergoing trial and appeal
 A Infraction Report – When parolee has been subsequently convicted of another crime
 Those who found guilty of an any election offense
 A Violation Report – When parolee violates any violation of the terms and conditions or any serious deviation
 Those already sentenced by final judgement at the time this Act was approved ( Dec. 5, 1993)
or non- observance of the obligations set forth in the parole supervision program.
 Those suffering from any mental disorder as certified by a government psychiatrist / psychologist
 Those who conviction is on appeal

Infraction / Violation of the Term and conditions of the Release Document

Step 1
1. ARREST OF PAROLEE
 Upon receipt of Infraction Report the Board may order the arrest or recommitment of the Parolee.
30 days before expiration of the minimum of the sentence > Director of correction > Carpeta > Board of Pardons and
2. WITHDRAWAL OF THE RELEASE DOCUMENT
Parole
 The Board may recommend the withdrawal of the Release document if it find that material information given by
the parolee of the board, either before or after release , was false , or incomplete or that the parolee had willfully
Step 2 or maliciously concealed material information from the board.

Serve the remaining minimum of the sentence > Formal Petition > Board of Pardons and Parole
TERMINATION OF PAROLE SUPERVISION
Step 3
 After expiration of the maximum sentence of parolee, the Board shall upon the recommendation of the Chief
BOARD OF PARDONS > Disqualified > Prison Probation and Parole Officer shall submit to the board a summary of his supervision that the client has
substantially complied with all the condition of his Parole / Pardon
AND PAROLE > Qualified > Referral
SHALL ISSUE:
Step 4
 Certificate of Final release and Discharged (CFRD)Document is issued to a parolee .
BPP > Referral > Parole and Probation Administration > PP officer > Pre – Parole Investigation > Pre –
Parole Investigation Report > BPP

Step 5 EXECUTIVE CLEMENCY

BPP > En Banc > Voting > Granted > Release Document (PAROLEE)  Executive It is represented by the President of the Philippines .
 CLEMENCY Is considered to be an act of Grace.
Definition of Term under Act No. 4103  Refers to the Commutation of Sentence , Conditional Pardon and Absolute Pardon maybe granted by the
President upon recommendation of the Board.
1. Board – refers to the Board of Pardon and Parole  Is the power of a President In state conviction
2. Carneta- refers to institutional record of an inmate  It is an executive function
3. Director – refers to the Director of the Bureau of Correction
4. Parole Supervision- refers to supervision / surveillance by PPA. LEGAL BASIS..
5. Pena Superintendent – refers to the Officer-in-Charge of the New Bilibid Prison, the Correctional Institution for
Women and the prison penal farms of the Bureau of Corrections. Sec. 1 of Art VII, 1987 Philippine Constitution
6. Prison Begard – refers to the information concerning an inmates personal circumstance.
7. Probation and Parole Office – refer to the Probation and Parole Officer undertaking the supervision of the parolee;
8. Regional Director- refers to the Head of the Parole and Probation Administration in the region;  Defined as the power to enforce and administer the laws which means carrying them into practical operation and
9. Release Document – refers to the “ Discharge on Parole” issued by the Board enforcing their due observance.
10. Warden – refers too the Officers-In-Charge of the Provincial, City, Municipal or district jail.
How to Apply Executive Clemency ?

Filing a Petition – a formal petition for executive clemency addressed as follows shall be submitted to the Board before the
PAROLE SUPERVISION question of said clemency will be considered .

 The parolee shall be placed under the supervision of the Probation and Parole officer specified in the release
document so that the former be guided and assisted towards rehabilitation.
 The period of parole supervision shall extend up-to the expiration of the maximum sentence which should appear in
the release document.
“ The President of the Philippines
Thru: The Chairman Board of Pardon and Parole DOJ Agencies Bldg. NIA Road cor. East Ave. Diliman , Quezon City”
Petition for parole shall be addressed to the Chairman or o the Executive Director of the Board.

However , the Board may, motu propio consider cases for parole, commutation of sentence or conditional pardon of
deserving prisoner whenever the interest of justice will be served thereby.

PARC)***
•P- Pardon ( Absolute/ Conditional) The petitioner shall not be considered for commutation of sentence if :

•A- Amnesty 1. the petitioner id eligible for Parole

2. the petitioner had been sentenced to another prison term within one (1) year from the date of his last
•R- Reprieve recommitment to the jail or prison from where he escaped
3. the petitioner had violated any condition of his discharge on parole or conditional pardon
4. the petitioner is suffering from a mental illness or disorder as certified by a government psychiatrist.
•C- Commutation of Sentence

OTHER FORMS OF COMMUNITY BASED RELEASE

PARDON

 PD 603 “ Child and Welfare Code”

from the Latin Word - “ PARDOUN” to forgive .
 BP 85 “Preventive Imprisonment”- Those who have already served the maximum period of the
imposable penalty detention but whose cases are still pending in court.
 Defined as an act of grace given by those charged with the power and authority to execute laws exempting the  Release on Recognizance- which the offender places under the custody of prominent persons in the
individual subject of pardon from punishment. community
 Is a given by the Chief Executive
 Granted only after final conviction. Except in cases of impeachment, or as otherwise provided in this constitution,
the President may grant reprieves, commutations and pardon after conviction by final judgment.

2 Kinds of Pardon

Absolute Pardon

 it is the total extinction of the criminal liability of the individual to whom it is granted without any condition
whatsoever resulting full restoration of his civil rights.

Conditional Pardon

 Refers to the exemption of Individual within the certain limits or Conditions from the punishment The law inflicts
for the offense he Committed resulting in a partial Extinction of criminal liability.

REQUIREMENT TO THE GRANT OF CONDITIONAL PARDON

 The petitioner must have served at least ½ of the maximum of the original indeterminate prison term or the
following portion of his sentence:
a. at least two (2) years of the minimum sentence if convicted of Murder or Parricide but not sentenced to
Reclusion Perpetua.
b. at least one (1) year of the minimum sentence if convicted of Homicide
c. at least nine (9) months if convicted of Frustrated Homicid
d. at least six (6) months of convicted of Attempted Homicide.

REMEDIES OF THE STATE IF THE CONDITIONS OF PARDON VIOLATED?

 Under Sec. 64 of Administrative Code “ the Chief Executive is authorized the arrest and re-incarceration of any such
person who, in his judgment, shall fail to comply with the condition or conditions of pardon, parole , or suspension
of sentence.
 When the condition in conditional pardon are violated.
1. Rearrested and re-incarcerated by order of the President
2. Prosecuted under Art. 159 of RPC

Art. 159. other cases of evasion of service of sentence – the penalty of prison Correction in its minimum period shall be
imposed upon the convict who, having been granted conditional pardon by the Chief Executive , shall violate any of the
condition of such pardon. However , if the penalty remitted by the granting of such pardon be higher than six years, the
convict shall suffer the unexpired portion of his original sentence.

AMNESTY

 Derived from the Greek word “Amnasthia” forgetfulness

 Is an act of grace by the chief executive , proceeding the power entrusted with the execution of the laws and
concurred by the legislature .
 General pardon to rebels for their treason and other political offenses.
 An sovereign act power granting oblivions or general pardon for a past offense usually in the favor of
certain classes of persons who have such committed crimes of political character, such as treason , sedition
or rebellion.

REPRIEVE

 Refers to the deferment of the implementation of the sentence for a interval of time ; it does not annul the
sentence but merely postpones or suspended its execution.
 It is applied to death sentence.
 It is granted when the sentence has become final.

Important key word

1. Cancelation of sentence
2. Postponement of sentence
3. Withholding of sentence
4. Temporary stay of sentence

When may a Death Penalty Sentence be Suspended?

 Women, while pregnant , and within one year after delivery

 Person over 70 years of age
 In case wherein, a convicted prisoner became insane before the actual date of execution
 R.A 9346 or an Act Prohibiting the imposition of Death Penalty in the Philippines.

COMMUTATION OF SENTENCE

 Refer to the reduction of the duration of a prison sentence.

 Mitigation of penalty.

For the commutation of sentence , the petitioner must have serve at least one-third (1/3) of the minimum f his
indeterminate sentence or the following portions of the his sentence consisting of reclusion Perpetua(life
imprisonment)

a. at least 10 years of convicted of robbery with Homicide, Robbery with Rape or Kidnapping with Murder.
b. at least eight (8) years if convicted o Simple Murder, Parricide , Rape or violation of anti –drug law.
c. at least twelve (12) years if given two (2) or more sentence of Reclusion Perpetua;
d. at least (20) years in case of one (1) death sentence which was automatically commuted to Reclusion
Perpetua;
e. at least twenty-five (25) year in case of two (2) sentence for Reclusion Perpetua; provided that at least one
(1) of the sentences had been automatically commuted from a death sentence.