Module 5

Parole

Parole, defined
Parole is just like conditional pardon. It refers to the conditional release of a convict from
a correctional institution after he serves the minimum term of his prison sentence. It does not
have the effect of extinguishing the criminal liability of the convict.
Parole is also described as a method of selectively releasing an offender from institution
prior to completion of his maximum sentence, subject to conditions specified by the paroling
authority.

Principles of Parole
 The government extends to the convicts a privilege by releasing them from prison before
their full sentence is served.
 The government enters a release contract with the convicts in exchange for their
promise to abide by certain conditions.
 Convicts who violate the law or the conditions of parole can be returned to prison to
complete their sentences
 The government retains control of parolees until they are dismissed from parole

Other terms to remember

 Carpeta-refers to the institutional record of an inmate which consists of his mittimus or

commitment order issued by the court after conviction, the prosecutor's information and
the decisions of the trial court and appellate court, if any certificate of non-appeal,
certificate of detention and other pertinent documents of the case.

 Parole Supervision-refers to the supervision/surveillance by Probation and Parole

Officer of a parolee

 Parolee-refers to a prisoner who is released on parole

 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

 Release Document-refers to the "Discharge on Parole" issued by the Board of Pardons

and Parole

Inception of Parole
 Prior to the mid-nineteenth century most offenders were sentenced to flat or determinate
sentences in prison. Under this type of sentencing, an offender received a specific
amount of time to serve in prison for a specific crime. This created a major problem
when prisons became crowded Governors were forced to issue mass pardons or prison
wardens had to randomly release offenders to make room for entering prisoners
 Credit for developing early parole systems is usually given to an Englishman Captain
Alexander Maconochie (1787-1860) and an Irishman, Sir Walter Crofton (1815-
1897)
 In 1840, Maconochie was appointed governor of the notorious English penal colony at
Norfolk Island off the coast of Australia. At the time. English criminals were being
transported to Australia and those sent to Norfolk Island were considered twice
condemned" they had been shipped to Australia from England and from Australia to the
island. Conditions were so bad that allegedly, men who received reprieves from the
death penalty wept. The first thing Maconochie did was to eliminate the flat sentence
structure used in Norfolk at the time of his arrival. Instead of requiring convicts to serve
their sentences with no hope of release until the full sentence had been served.
Maconochie initiated a "mark system" whereby a convict could earn freedom by hard
work and good behavior in the prison. The earned marks could be used to purchase
 either goods or a reduction in sentence Prisoners had to pass through a series of stages
beginning with strict imprisonment through conditional release to final freedom.
Movement through the stages was dependent upon the of marks accredited.
 Like Maconochie, Sir Walter Crofton believed the length of the sentence should not be
an arbitrary period of time but should be related to the rehabilitation of the offender. After
becoming the administrator of the Irish Prison System in 1854. Crofton initiated a system
incorporating three classes of penal servitude strict imprisonment, indeterminate
sentences and tickets-of-leave This indeterminate system of Irish system, as it came to
be known, permitted convicts to earn marks to move from solitary confinement to a
return to the community on a conditional pardon or ticket-of-leave
 Zebulon Reed Brockway (1827-1920) Father of prison reform and Father of American
Parole" in the United States, a Michigan penologist, is usually credited with initiating
indeterminate sentences and parole release in the United States. Similar to Maconochie
and crofton, Brockway believed inmates should be able to earn their way out of prison
through good behavior. Thus, they should receive a sentence that could vary in length
depending upon their behavior in prison. In his opinion, this had two advantages. First, it
would provide a release valve for managing prison populations. Second it would be
valuable in reforming offenders because they would be earning release by
demonstrating good behavior.
 Brockway had the opportunity to pioneer this proposal into practice in 1876 when he was
appointed superintendent of Elmira Reformatory for youthful offenders in New York.
Inmates at Elmira were graded on their conduct, achievement, and education. On the
basis of their behavior in the reformatory, they were given parole. Volunteer “guardians”
supervised the parolees and submitted written reports documenting their behavior in the
community. A condition of the parole was that the offender report to the guardian each
month.
 Thus, by the turn of the century the major concepts underlying parole were in place in
the United States: (1) a reduction in the sentence of incarceration based on good
behavior in prison; (2) supervision of the parolee in the community; and (3)
indeterminate sentences. By 1901, twenty states had parole statutes and by 1944, every
jurisdiction in the United States had some form of parole release and indeterminate
sentencing.

Person Qualified for Parole

A prisoner is qualified for parole once the inmate had served the minimum
sentence, less GCTA earned, of his indeterminate prison sentence the maximum period
of which exceeds one (1) year.

Person Disqualified for Parole

Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the
“Indeterminate Sentence Law”, parole shall not be granted to the following inmates:
a) Those convicted of offenses punished with death penalty of life imprisonment;
b) Those convicted of treason, conspiracy or proposal to commit treason or
espionage;
c) Those convicted of misprision treason, rebellion, sedition or coup d’ etat;
d) Those convicted of piracy or mutiny on the high seas or Philippine waters;
e) 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;
f) Those who escaped from confinement or evaded sentence;
g) Those who having been granted conditional pardon by the President of the
Philippines shall have violated any of the terms thereof;
h) Those whose maximum term of imprisonment does not exceed one (1) year or
those with definite sentence;
i) 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 Republic Act No. 7659 dated January
1, 2004; and
 j) Those convicted for violation of the laws on terrorism, plunder and transnational
crimes.

Eligibility for Review of a Parole Case

An inmate’s case may be eligible for review by the board provided:
1) Inmate is serving an indeterminate sentence the maximum period of which
exceeds one (1) year;
2) Inmate has served the minimum period of the indeterminate sentence;
3) Inmate’s conviction is final and executory;
In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and
carpetas/jackets at the same time.
4) Inmate has no pending criminal case; and
5) Inmate is serving sentence in the national penitentiary, unless the
confinement of said inmate in a municipal, city, district or provincial jail is
justified.

A national inmate, for purposes of these Rules, is one who is sentenced to a

maximum term of imprisonment of more than three (3) years or to a fine of more than
five thousand pesos; or regardless of the length of sentence imposed by the Court, to
one sentenced for violation of the customs law or other laws within the jurisdiction of the
Bureau of Customs or enforceable by it, or to one sentenced to serve two (2) or more
prison sentences in the aggregate exceeding the period of three (3) years.

Considerations for the Grant of Parole and Conditional Pardon

1. Evidence that the petitioner will find legitimate source of livelihood upon
release.
2. Petitioner has a place to establish residence.
3. Availability of after-care services for old, seriously ill or physically disable
petitioner

Special Considerations for the Grant of Parole and Conditional Pardon

1. Old age, provided the inmate is below 60 years of age when crime is
committed.
2. Physical disability, provided such physical disability is not present when the
crime committed.
3. Serious illness duly certified by a government physician
4. Similar circumstances which show that the continued imprisonment will be
inhuman or will pose grave danger to the life of the petitioner.

Procedure
1. Review upon the petition or motuproprio: forms and contents of the petition
a.) that the prisoner's case is eligible for review by the Board
b.) that he is not disqualified from being granted parole
2. Transmittal of Carpeta and Prison record by the Director of BuCor of Warden at least
one month prior to the date when his case shall be eligible for review
3. Publication of Names of Prisoners being considered for Parole in a newspaper of
general circulation of those convicted of heinous crimes or those sentenced reclusion
perpetua or life imprisonment and whose sentence has been commuted for release on
parole
4. Notice to offended party or his immediate relatives, personally or by registered mail and
given 30 days from notice within which to communicate their comment to the Board
regarding the contemplated grant of parole to the prisoner

Deferment of Parole when safety compromised

If based on the pre-parole investigation, there is clear and convincing evidence that the release
on parole will endanger his own life or those of his relatives, or the life, safety and well-being of
the victim, his relatives, his witness, and the community, the release of the prisoner shall be
deferred until the danger ceases.

Basic Guidelines for the Grant of Parole

The Board may grant a prisoner parole based on reports regarding the prisoner's work
and conduct and on the study and investigation by the Board itself and its finds the following
circumstances are present:
1. The prisoner is fitted by his training for release;
2. That there is a reasonable probability that, if released, he will live and remain a liberty
without violating the law; and
3. That is release will not be incompatible with welfare of society.
Rules after Grant of Parole
1. Transfer of residence - a parolee may not transfer from one place of residence
designated in his release Document without the prior written approval of the regional
Director subject to confirmation of the Board
2. Outside Travel - The Chief Probation and Parole Officer may authorize a parolee to
travel outside his area of operational jurisdiction for a period of not more than 30 days. A
travel for more than 30 days shall be approved by the Regional Director
3. Travel Abroad and/or Work Abroad - Any parolee 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
PPA Administrator and confirmed by the Board.
4. Death of the Parolee - If a parolee dies during parole supervision the PPO shall
immediately transmit a certified true copy of the parolee's death certificate to the Board
recommending the closing of the case.

Note: Absence of the death certificate of the parolee, an affidavit narrating the
circumstances of the fact of the death from the barangay chairman or any authorized
officer or any immediate relative where the parolee resided, shall suffice.

Reports to be accomplished by the Supervising PPO

1. Progress Report - when a parolee commits another offense during the period of his
parole supervision and the case filed against him has not yet been decided by the court
or on the conduct of the parolee while under supervision.
2. Infraction Report - when the parolee has been subsequently convicted of another
crime.
3. 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.
4. Summary Report - After the expiration of the maximum sentence of a parolee, the PPO
concerned shall submit to the Board, through the Chief Probation and Parole officer, a
Summary Report on his supervision of a parolee.
Notes:
 Upon the receipt of an Infraction Report, the Board may order the arrest or
recommitment of the parolee.
 The parolee 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.
 The clearances from the police, court, prosecutor's office and barangay officials shall
attached to the Summary Report

Termination of Parole Supervision

 Certificate of Final release and Discharge - upon the receipt of the Summary Report,
the Board shall, upon the recommendation of the Chief Probation and Parole Officer that
the parolee has substantially complied with all the conditions of his Release Document,
issue to the parolee a certificate of Final Release and Discharge.
 Effect of Certificate of Final Release and Discharge - Upon the issuance of a
certificate of Final release and Discharge, the parolee shall be finally released and
discharge from the conditions appearing in his release document.
 Note: The accessory penalties of the law which have not been expressly remitted
therein shall subsist.
 Transmittal of Certificate of Final release and Discharge - The Board shall forward a
certified true copy of the certificate of Final Release and Discharge to the parolee the
court which imposed the sentence, the PPO concerned, the BuCor the NBI, the PNP
and the Office of the President.
1. Petition, contents and endorsement
2. Time and form of application
3. Transmittal of carpeta and prison records