LEGAL OPINION

FOR THE WEEK

 Legal Issue:
Whether or not a convicted Sangguniang
Bayan Member who was released on
PAROLE may reassume public office in the
Sangguniang Bayan.

DILG Opinion No. 2, Series of 2019

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 PAROLE?
– merely a Example:
conditional
WHEN
release of a prisoner from
GRANTED?
PENALTY: RECLUSION PERPETUA
confinement after serving the minimum penalty
Whenever the Board of Pardons and
Minimum: 20 years 1 day
imposedParole
by law.
Maximum: (Inderterminate
40
finds years Sentence Law, Act
that there is a reasonable
No. 4103probability
as as amended
that, ifby released,
Act No. 4225
the and RA
4203. prisoner will be law-abiding and that
the release will not be incompatible
with the interest and welfare of society.

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 Legal Issue:
Whether or not a convicted Sangguniang
Bayan Member who was released on
PAROLE may reassume public office in the
Sangguniang Bayan.

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 PAROLE?
– 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 to such government officials or
Clearly, the grant of parole, unlike in
other parolepardon,
officersdoes
appointed by BPP for a
not obliterate penalty
period of
surveillance equivalent
meted out to thethe
upon remaining
parolee. portion of
the maximum sentence imposed upon him or until
final release and discharge by the Board.

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 PAROLE vs. PARDON
DISTINCTION PAROLE (ABSOLUTE) PARDON
GRANTEE An individual Classes of Persons
AS TO THE NEED OF
CONGRESS’ Not necessary Necessary
CONCURRENCE
Distinct acts of
The grantee need not
ACT OF GRANTEE acceptance by the grantee
accept
is needed
Relieves the offender
AS TO EFFECT from the consequences Abolishes the offense
of the offense
WHEN IT MAY BE Only after conviction by
Before or after conviction
GRANTED final judgment
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 “
It is the Department’s
submission that parole
does not restore the right
to hold public office.

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LESSON FOR THE WEEK:
A convicted Sangguniang Bayan Member
who was released on PAROLE may NOT
reassume public office in the Sangguniang
Bayan.

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