PAROLE
✓ 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.
✓ It is the release from imprisonment, but without full restoration of liberty, as parolee is in
custody of the law although not in confinement.
✓ It refers to the conditional release of an offender from a correctional institution after he has
served the minimum of his prison sentence (Legal Definition)
✓ French word “PAROLE D’ HONEUR” meaning “Word of Honor”.
DEVELOPMENT OF PAROLE
Alexander Maconochie
✓ He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who
introduced the Mark System that became the blueprint of modern day parole.
✓ He is considered as the FATHER OF MODERN PENOLOGY.
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.
✓ Prisoners who earned a required number of marks are given a ticket of leave
which is equivalent to parole.
✓ Fair disciplinary trial, built churches, distribute book and allowed play to be staged,
permitted prisoners to find small garden and rehabilitation system.
Walter Crofton
✓ He is the director of the Irish Prison in 1854 who introduced the Irish system that was
modified from the Macanochie’s mark system.
Irish System
(Forerunner of the American parole system) involved four (4) stages:
1. Beginning with nine (9) months of solitary confinement
2. Assigned to public works at Spike Island. The prisoner worked his promotion through a
series of the grades according to a mark system;
3. The prisoner without custodial supervision was exposed to ordinary temptations of
freedom; and
4. The release on supervision under conditions equivalent to present day parole.
1837
✓ First Parole Law was passed in Massachusetts
✓ At the same time Captain Machanochie, In charge of the English Penal Colony in Norfolk
Island, Australia, introduce a system whereby a prisoner was given a “TICKET OF LEAVE”
(the equivalent of parole) after earning a certain required number of marks.
Dr. S.g. Howe of boston
✓ First man to use the word “PAROLE”.
✓ He used the word in a letter to the Prison Association of New Yorkin 1869, after some
American Prison Reforms who observed that the Irish Prison System paved the way for
the approval of the law creating Elmira Reformatory.
Zebulon Brockway
✓ First Superintendent of Elmira Reformatory in New York
✓ He introduced training school type, education for prisoners, solitary confinement for night
and congregate workshop were adopted, extensive use of parole and indeterminate
sentence.
Elmira Reformatory
(1876 in Elmira, NY)
✓ First reformatory and considered as the forerunner of modern penology because it had
all the elements of a modern system.Parole in the Philippines
Act No. 4103 (ISLAW)
✓ As amended by Act No. 4203 and Act No. 4225
✓ The Indeterminate Sentence Law, which took effect on 5 December 1933 and currently still
enforceable. This law is responsible for the establishment of the parole system in the
Philippines and the Board of Pardons and Parole, which is tasked to administer the parole
system.
E.O 83 Series of 1937
◆ Change “Board of indeterminate sentence” to Board of Pardons
◆ Has the power to assist and recommend to president in granting executive clemency
E.O 94 Series of 1947
◆ “The Reorganization Law of 1947”
◆ Renamed to Board of Pardons and Parole
Eligibility for Review
1. His conviction is final and executory;
2. He has served the minimum period of the sentence imposed upon him.
Disqualifications
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of 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
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and 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 suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
PAROLE vs PROBATION
PAROLE PROBATION
Administrative function exercised by the
executive branch of the government (executive It is a judicial function exercise by the courts.
function)
Granted to a prisoner only after he has serve the Granted to an offender immediately after
minimum of his sentence. conviction.
It is substitute for imprisonment. Probation is an
It is an extension of institutional. It is a alternative to imprisonment. Instead of being
conditional release of a prisoner whereby he is confined in prison, the probationer is released to
placed under the supervision of a Parole Officer the community by the court with conditions to
after serving his minimum sentence. follow and is placed under the supervision of
PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by PPO Probationer supervise by PPO
It is granted more than once, depending on good Probation is enjoyed only once
behavior during imprisonment
Convict must serve his minimum sentence Probation is a community-based approach to
before the grant reformation of offenders
BPP vs PPA
BOARD OF PARDONS AND PAROLE PAROLE ANDPROBATION
UNDER THE DEPARTMENT OF JUSTICE UNDER THE DEPARTMENT OF JUSTICE
HEADED BY A CHAIRMAN (SEC DOJ) HEADED BY AN ADMINISTRATOR
READ THE REPORTS OF PPA CONDUCTS PSI & SUPERVISION
APPROVES & REVOKES PAROLE SUBMITS REPORT TO COURT AND BPP
RECOMMENDS EXECUTIVE CLEMENCIES RECOMMENDS THE REVOCATION OF
TO THE PRESIDENT PAROLE AND PROBATION
PAROLE INVESTIGATION PROCESS
Process starts upon receipt of the Board of Prison records and CARPETA of national prisoners,
(confirmed in national penal farms and colonies) from the Director of Prisons.
✓ The Director of Prisons has the responsibility to forward the document to the Board of
Pardons and Parole, 30 days before the expiration of the prisoner’s minimum sentence.
✓ Municipal, City, District and Provincial Jail Wardens have the obligation to transmit to
the Director of Prisons all pertinent records of prisoners in jails 30 days before the
expiration of such prisoner’s minimum sentence.
a) The Director of Prisons shall submit to the Board for its consideration within 15 days after
receipt of a fore stated records.
b) At any time, prisoners or any person in their behalf can file a petition for
parole and executive clemency in view of the fact that NOT ALL prison records and Carpetas
of qualified national, provincial, district, municipal and city prisoners are transmitted to the
concerned authorities within the reglementary period.
If the petitioner’s application is considered, the Board will issue a Referral, requesting the Parole
and Probation Administration to conduct the following within 30 days upon receipt thereof:
a. Conduct pre-parole investigation
b. Submit pre-parole investigation report
Upon receipt of said reports, the Board shall assess and determines whether the petitioner is
qualified for parole. If the offender deserves to enjoy the benefits of being placed on parole.
“RELEASE DOCUMENT” or specifically known as “DISCHARGE ON PAROLE” will be issued for
prisoner’s temporary liberty.
Petition for Parole/Executive Clemency filed by convicted aliens who are serving sentence in the
Philippines are referred for comment and recommendation to the Secretary of Foreign Affairs who
shall determine in so far as it is valid and legitimate the grant of executive clemency to a foreigner
should be done. The basis of its approval shall be “Quid Pro Quo” or “something to something”.
SECTION 9. Referral of Petition for Executive Clemency/Parole to Other Government
Agencies.
A petition for executive clemency shall be referred by the Board to the Secretary of National
Defense for comment and recommendation if the crime
committed by the petitioner is against national security or public order or law of nations.
In case of violation of election laws, rules and regulations, a petition for executive
clemency/parole shall be referred to the Commission on Elections for favorable
recommendation, provided, however, that regardless of the crime committed, a petition for
executive clemency/parole may be referred for a pre-parole/executive clemency 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
SEC. 12. Transmittal of Carpeta and Prison Record
In executive clemency/parole cases, the Director or Warden concerned shall forward the
prison record and carpeta of apetitioner at least one (1) month prior to the eligibility for review as
specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the Board and the Administration on or
before the fifth day of every month, a list of prisoners whose minimum sentences will expire
within ninety (90) days and those who may be considered for executive clemency.
SEC. 21. Factors to be Considered in Petition for Conditional Pardon, Commutation of
Sentence or Parole
a. The age of the petitioner, the gravity of the offense and the manner in which it was
committed, and the institutional behavior or conduct and previous criminal record, if any;
b. Evidence that petitioner will be legitimately employed upon release;
c. A showing that the petitioner has a place where he will reside;
d. Availability of after-care services for the petitioner who is old, seriously ill or suffering from a
physical disability;
e. Attitude towards the offense and the degree of remorse; and,
f. The risk to other persons, including the victim, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and friends
SEC. 22. Special Factors
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple
or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate
court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his co- inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be
served thereby.
SEC. 25. Board Action
A majority of the members of the Board, constituting a quorum, shall be necessary to
recommend the grant of executive clemency or to grant parole; to modify any of the terms and
conditions appearing in a Release Document; to order the arrest and recommitment of a
parolee/pardonee; and to issue certificate of Final Release and Discharge to a
parolee/pardonee.
The minutes of the meeting of the Board shall show the votes of its individual members and
the reason or reasons for voting against any matter presented for the approval of the Board.
Any dissent from the majority opinion to grant or deny parole shall be reduced in writing and
shall form part of the records of the proceedings.
EXECUTIVE CLEMENCY/PAROLE OF AN ALIEN
✓ Petition for Parole/Executive Clemency filed by convicted aliens who are serving sentence
in the Philippines are referred for comment and recommendation to the Secretary of
Foreign Affairs who shall determine in so far as it is valid and legitimate the grant of
executive clemency to a foreigner should be done. The basis of its approval shall be “Quid
Pro Quo” or “something to something”.
✓ The Board may recommend the grant of executive clemency or grant parole to a prisoner
who is an alien. In such a case, the alien who is released on parole or pardon shall be
referred to the Bureau of Immigration for disposition, documentation and appropriate
action.
Sec. 14. Grant of Parole
✓ A prisoner may be granted parole whenever the Board finds that there is a reasonable
probability that if released, he will be law-abiding and that his release will not be
incompatible with the interest and welfare of the society.
SEC. 42. 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 or
after release, was false, or incomplete or that the client had willfully or maliciously
concealed material information from the Board.
PAROLE SUPERVISION
SEC. 28. Form of Release Document
✓ The form of the Release Document shall be prescribed by the Board and shall contain the
latest “1x1" photograph and right thumbprint of the prisoner.
SEC. 30. Initial Report
✓ Within the period prescribed in his Release Document, the prisoner shall present himself to the
Probation and Parole Officer specified in the Release Document for supervision.
✓ If within forty five (45) days from the date of release from prison or jail, the parolee/pardonee
concerned still fails to report, the Probation and Parole Officer shall inform the Board of such
failure, for appropriate action.
SEC. 31. Arrival Report
✓ The Probation and Parole Officer concerned shall inform the Board thru the Technical Service,
Parole and Probation Administration the date the client reported for supervision not later than
fifteen (15) working days therefrom.
SEC. 27. Parole Supervision
✓ After release from confinement, a client shall be placed under the supervision of a Probation
and Parole Officer so that the former may 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, subject to the provisions of Section 6 of Act
No. 4103 with espect to the early grant of Final Release and Discharge.
Transfer of Residence
A client may not transfer from the place of residence designated in his Release
Document without the prior written approval of the Regional Director subject to the
confirmation by 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.
SEC. 33. 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.
SEC. 39. Report of Parole Infraction/Violation
✓ 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. The report
shall be called Infraction Report when the client has been subsequently convicted of another
crime.
SEC. 38. Progress Report
✓ When a parolee/pardonee commits another offense during the period of his parole surveillance,
and the case filed against him has not yet been decided by the court, a Progress Report
should be submitted by the Probation and Parole Officer to the Board.
REPORTS TO BE SUBMITTED
a. PROGRESS REPORT
Report on the behavior/conduct of parolee/pardonee while under supervision either positive
or negative.
b. STATUS REPORT
Report prepared when a parolee/pardonee commits another offense during the period of
supervision and the case filed has not yet been decided by the court.
c. INFRACTION REPORT
Report prepared when a parolee/pardonee has been subsequently convicted of another
crime.
d. VIOLATION REPORT
Report prepared when a parolee/pardonee commits any violation of the terms and
conditions appearing in the Release Document or any serious deviation or non-observance of
the obligation set forth in the parole/pardon supervision program.
SEC. 40. Arrest of Client
✓ Upon receipt of an Infraction Report, the Board may order the arrest or recommitment of the
client.
SEC. 41. 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.
SEC. 43. 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
SEC. 44. 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, issue a certificate of Final Release and
Discharge to a parolee or pardonee.
✓ However, 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.
Summary Report
It refers to the final report submitted by the Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final release and discharge.
SEC. 45.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.
SEC. 46. 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 Court which sentenced the 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.
