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
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 refers to
information concerning an inmate's personal
• Prison Record - 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, and an Irishman, Sir Walter Crofton.
Captain Alexander Maconochie (1787-1860)
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 number of marks accredited.
Sir Walter Crofton (1815—1897)
([Link]
• 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 or 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)
([Link]
Father of prison reform and Father of American Parole" in the United States
• Zebulon Brockway, 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 (l) 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
l. 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 was 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
I. 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 or 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 to 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 at 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
I. 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