PAROLE AND

OTHER EXECUTIVE
CLEMENCY
WHAT IS PAROLE?
It is the provisional release of a prisoner who agrees to certain conditions prior to the
completion of the maximum sentence period. Originating from the French parole
(“parol", “word of honor"), the term became associated during the Middle Ages with
the release of prisoners who gave their word.
It is the process of suspending the sentence of a convict after having served the
minimum of his sentence without granting him pardon, and the prescribing term upon
which the sentence shall be suspended.
Conditional early release from prison or jail, under supervision, after a portion of the
sentence has been served.
It is the release from imprisonment, but without full restoration of liberty, as parolee is
in custody of the law although not in confinement.
MARK SYSTEM
A progressive humane system in which a prisoner is
required to earn a number of marks based on proper
department, labor and study in order to entitle him
for ticket for leave or conditional release which is
similar to parole.
*Alexander Maconochie – known as the Father of
parole in Australia.
WALTER CROFTON
Attempted to implement Maconoche’s mark system
which he became the administrator of the Irish
Prison System in 1854.
*He is the Father of Parole in Ireland.
 PAROLE
Administrative function exercised by the executive branch of
the government (executive function)
Granted to a prisoner only after he has serve the minimum of
his sentence.
It is an extension of institutional. It is a conditional release of
a prisoner whereby he is placed under the supervision of a
Parole Officer after serving his minimum sentence.
Granted by BPP
Parolee
Parolee supervised by parole officer
Parole is administered by the Parole Board.
Parole does not restores full civil rights to parolee
It is granted more than once, depending on good behavior
during imprisonment
Convict must serve the minimum of his sentence before the
grant.
PROBATION
It is a judicial function exercise by the courts.
Granted to an offender immediately after conviction.
It is substitute for imprisonment. Probation is an alternative
to imprisonment. Instead of being confined in prison, the
probationer is released to the community by the court with
conditions to follow and is placed under the supervision of
PO.
Granted by the court
Probationer
Probationer supervise by probation officer
Probation is handled by the Probation Administration
Probation is more beneficent because it restores full civil
rights to the probationer upon termination unlike parole.
Probation is enjoyed only once
Probation is a community-based approach to reformation of
offenders.
PRISONERS QUALIFIED
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible
for the grant of parole upon showing that –
a. He is confined in a jail or prison to serve an indeterminate prison sentence, the
maximum period of which exceeds one year, pursuant to a final judgment of
conviction; and that
b. He has served the minimum period of said sentence less the good conduct time
allowances (GCTA) earned.
c. There is a reasonable probability that if released, he will become law-abiding; and
d. His release will not be incompatible with the interests and welfare of society.
 PRISONERS DISQUALIFIED FOR PAROLE:
(Section 2, Act no. 4103)
1. Those persons convicted of offenses
punished with reclusion perpetua;
2. Those convicted of treason, conspiracy or
proposal to commit treason;
3. Those convicted of misprision of treason,
rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or
those who evaded sentence;
7. Those who were granted conditional
pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not
exceed 1 year or are with a definite sentence;
9. Those suffering from any mental disorder as certified by a
psychiatric report of the bureau of correction or national
center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an offense
committed while serving sentence.
12. Those convicted of offenses punished with reclusion
perpetua, or whose sentences were reduced to reclusion
perpetua by reason of Republic Act No. 9346 enacted on June
24, 2006, amending dated January 1, 2004; and
13. Those convicted for violation of the laws on terrorism,
plunder and transnational crimes."