TERMS TO PONDER

Board refers to the Board of Pardons and

Parole;

Executive Director refers to the Executive

Director/Secretary of the Board;

Administration refers to the Parole and

Probation Administration;

Administrator refers to the Administrator of the

Parole and Probation Administration;
Parole – refer to the conditional release of an
offender from a penal institution after he has served
the minimum period of his prison sentence.

Parolee - refer to a person who is released on parole

Pardonee – refer to a person who is released on

conditional pardon

Client – refer to a pardonee/parolee who is place on

supervision
Probation and Officer refers to
Probation Parole Officer the
supervision of
andthe Parole
client; undertaking the

Director refers to the Director of the Bureau of

Corrections;

Penal Superintendent refers to the Officer-In-

Charge of the New Bilibid Prison, the Correctional
Institution for Women and the prison and penal
farms of the Bureau of Corrections;
“Petitioner” refers to the prisoner who
applies for the grant of executive
clemency or parole;

“Parole Supervision” refers to the

supervision/surveillance by a Probation
and Parole Officer of a
parolee/pardonee;
 PAROLE

• In French parole means "word," and its use in

connection with the release of prisoners was derived from
the idea that they were released on their word of honor
that they would commit no further crimes.
PAROLE

 refers to the conditional release of an offender from

a correctional institution after he has served the
minimum of his prison sentence.
 Paroled prisoners are supervised by a public official,
usually called a parole officer. If paroled prisoners
violate the conditions of their release, they may be
returned to prison.
 PURPOSE OF PAROLE

 To uplift and redeem valuable human material and

prevent unnecessary and excessive deprivation of liberty
and economic usefulness.
 It is the duty of the Board to look into the physical,
mental and moral record of prisoners who are
eligible for parole and to determine the proper time of
release of such prisoners on parole.
PROBATION VS PAROLE

PROBATION PAROLE
 GIVEN BY THE COURT  GIVEN BY THE BPP
 GIVEN AFTER CONVICTION  GIVEN AFTER SERVING THE
MINIMUM SENTENCE
SIMILARITIES OF PROBATION AND PAROLE

 BOTH ARE NOT A RIGHT

 BOTH CAN BE REVOKED
 BOTH ARE CONDITIONAL
 BOTH SERVED AS A PART OF SENTENCE
HISTORY 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."
 Parole is a part of the Reformatory trend in 19th century
criminology. As a practice, Parole originated almost
simultaneously in Spain, Germany and England.
Ticket of Leave

• In England at that time, nearly all serious crimes were

punishable by death, though relatively few offenders
were actually executed.
• The king granted the majority of those sentenced to
death a pardon on the condition that the offender agree
to be transported to a penal colony like, Australia or
America for English convicts, Africa, New Caledonia, or
French Guiana for French convicts.
 TICKET OF LEAVE

• Eventually the courts were given the power to pronounce

sentences of transportation themselves, usually for a
period specified in the sentence, though most sentences
of transportation were modified by executive action.
• England developed a system of ticket of leave, in
which convicts detained under a sentence of
transportation were allowed a measure of freedom or
the right to return to England in return for good
behavior (Bernard, 2015).
RELEASE ON LICENSE

 England abolished the sentence of transportation in the mid-19th

century while French penal colonies continued to operate into the
mid- 20th century, and replaced it with penal servitude, which
incorporated a similar procedure under a different name, release
on license.
 Through good behavior in custody, a convict sentenced to penal
servitude could earn release from a penitentiary. The release
was conditional on good behavior outside prison; if another
offense was committed, the convict could be returned to prison to
serve out the rest of his sentence known as the remanet
(Bernard, 2015
CAPTAIN ALEXANDER MACONOCHIE

 Alexander Maconochie (1787-1860), the originator of the Mark System,

is a major figure in the history of penal discipline and is best known for
his attempt to implement it at the Norfolk Island penal station from
1840 to 1844.
 Mark system is a penal method where prisoners were held until they
had earned a number of marks, or credits, fixed in proportion to the
seriousness of their offenses instead of serving a fixed sentenced.
 A prisoner became eligible for release when he had obtained the
required number of credits, which were accumulated for good
conduct, hard work, and study and could be denied or subtracted for
indolence or misbehavior.
SIR WALTER FREDERICK CROFTON

Father
ZEBULON R. BROCKWAY

 He was the Superintendent of the Elmira Reformatory in New York in 1876

and the one who introduced parole in the Unites States as a way to reduce overcrowding and to rehabilitate
offenders.
 The new prisoner was classified as second grade and was promoted to first grade after six (6) months of good
behavior.
 Another six months of good behavior in the first grade qualified him for parole. If the prisoner committed a
misconduct he was demoted to third grade where he was required to show good conduct for one month before he
couldbereclassifiedtosecondgrade.
HISTORY OF PAROLE SYSTEM IN
THE PHILIPPINES:
• it came into existence by the passage of Act
4103 as amended by Act 4225 and R.A 4203,
otherwise known as the Indeterminate
Sentence Law, which took effect on Dec. 5,
1933.
• Created the Board of Indeterminate
Sentence (now Board of Pardons and
Parole – administers the Parole system of
the country.
PRISONERS QUALIFIED FOR PAROLE:
1. 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;
2. he has served the minimum period of said
sentence less the Good Conduct
Time Allowances (GCTA) earned.
3. THERE IS A REASONABLE
PROBABILITY THAT IF RELEASED, HE
WILL BE LAW-ABIDING;
4. His release will not be
incompatible with the
interests and welfare of
society.
 PRISONERS DISQUALIFIED
FOR
PAROLE:
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;

6. Those habitual delinquent

7. those who escaped from confinement
or those who evaded sentence;
8. those who were granted conditional
pardon and violated any of the
terms thereof;
9. those whose maximum term
of imprisonment does not exceed 1 year
or are with a definite sentence;
10. those suffering from any mental
disorder as certified by a psychiatric
report of the bureau of correction or
national center for mental health;
11. those whose conviction is on appeal;
12. those who have pending criminal case
for an offense committed while
serving sentence.
 COMPOSITION OF THE BOARD OF PARDON
AND PAROLE (EO , 154,S 2002)

1 chairman, 6 members

Chairman –
Secretary of the DOJ
Ex-Officio member-
Administrator of Parole and Probation Administration
Members:
a. Sociologist
b. Clergyman
c. Educator
d.Person qualified for the work
by training/experience in correction work
e. member of the Philippine BAR.

Note: one is a woman

 Petitions for Executive Clemency/Parole

1. Filing of Petition
• A formal petition for executive clemency addressed as
follows shall be submitted to the Board before the
question of said clemency will be considered.

• The President of the Philippines

• Through: The Chairman Board of Pardons and Parole,
• DOJ Agencies Bldg., NIA Road cor. East Avenue,
• Diliman, Quezon City
 Petitions for Executive Clemency/Parole

 Petitions for parole shall be addressed to the Chairman or to

the Executive Director of the Board. However, the Board
may, motu proprio, consider cases for parole, commutation
of sentence or conditional pardon of deserving prisoners
whenever the interest of justice will be served thereby
(RRRBPP, 3002, Section 5).
2. Contents of Petition
A petition for parole/executive clemency shall state the following
(RRRBPP, 2002, Section 6):.
• The name of the prisoner, his age,
• Previous criminal record, if any,
• Whether a Filipino citizen or an alien and, if a naturalized Filipino, his
former nationality and date of naturalization,
• His previous occupation,
• Place of residence,
• Present crime for which he was convicted.
• The trial/appellate court, his penalty of imprisonment, fine, indemnity
and the commencing date thereof,
• The jail or prison to which he was committed and/or where he is
presently confined,
• The date he was received for confinement.
• The grounds upon which executive clemency is being asked and
• Certification from the trial court that his case is not on appeal...
 Review of cases for parole
An inmate's case may be eligible for review by the board provided
(Res, 24-4-10, 2010, Section I);
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.
 Review of cases for parole

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
GRANT OF PAROLE

Whenever the Board of Pardons and Parole finds

that there is a reasonable probability that, if
released, the prisoner will be law-abiding and that
the release will not be incompatible with the interest
and welfare of society ( PPA, 2017 ,p.13)
 PROCEEDINGS OF THE BOARD

Interview of Prisoners.

Publication of those Eligible for Executive

Clemency/Parole

Objections to Petitions

Board action

EXECUTIVE CLEMENCY / Parole of an alien

Factors to be Considered in Petition for Conditional
Pardon, Commutation of Sentence or Parole

 The following factors may be considered by the Board in

the grant of conditional pardon, commutation of sentence
or parole (RRAAPP, 2002, Section 21):
• 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,
• Evidence that petitioner will be legitimately employed
upon release:
• A showing that the petitioner has a place where he will
reside;
FACTORS TO BE CONSIDERED IN PETITION
FOR CONDITIONAL PARDON, COMMUTATION
OF SENTENCE OR PAROLE

• Availability of after-care services for the petitioner who is

old, seriously ill or suffering from a physical disability;
• Attitude towards the offense and the degree of remorse, and,
• 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 or friends.
 PAROLE INVESTIGATION PROCESS
DIRECTOR OF PRISONS
(Forward Carpeta and Prison Records)

BOARD

REFFERA
L
PPA
-Conduct Pre- Parole Investigation
(PPI)
-Submits Pre-Parole Investigation
Report (PPIR) within 30 days

BOARD

GRANT DENIAL DEFER

 PAROLE SUPERVISION PROCESS
BOARD

RELEASE DOCUMENT (DISCHARGE ON PAROLE)

Director of Corrections or Warden of the Jail

Certificate of Release of Prisoner

Probation and Parole Officer

Parole Supervision

Complied Do not comply

Summary Report Reports

1. Progress Report
2. Infraction Report
Certificate of Final Release and Discharge 3. Violation Report
(CFRD)
Absolute Freedom Order of Arrest and Recommitment (AOR)

Prison
 PAROLE SUPERVISION

 After release from confinement, a client shall be placed

under the supervision of a PPO so that the former may be
guided and assisted towards rehabilitation.
 The Board shall send a copy of the Release Document to
the prisoner named therein through the Director of the
Bureau of Corrections or Warder of the jail where he is
confined who shall send a certification of the actual date of
release of prisoner to the Probation and Parole Officer.
 Within the period prescribed in his release document, the
prisoner shall present himself to the PPO specified in the
Release Document
PAROLE SUPERVISION

 If within 45 days from the date of release from jail or

prison, the parolee/ pardonee concerned still fails to
report, the PPO shall informed the Board of such failure
for appropriate actions.
 The PPO concerned shall inform the Board through the
technical service, PPA the date the client reported for
supervision not later than (15) working days therefrom.
NOTES:

 Without the prior written approval of the subject to the

confirmation by the Board, a client may not transfer from the
place of residence designated in his Release Document.
TRAVEL RESTRICTIONS

 A CPPO may authorize a client to travel outside his area of

operational jurisdiction for a period of not more than (30) days.
 Travel for more than 30 days shall be approved by the Regional
Director.
 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 applications for
travel shall be approved by the Administrator and confirmed
by the Board.
What is the document issued if
prisoners are released on parole?

Ans: Release document

“Release Document” refers to the

Conditional Pardon/Absolute Pardon issued
by the President of the Philippines to a
prisoner or to the “Discharge on Parole”
issued by the Board;
WHAT IS THE REPORT MADE WHEN
THE PAROLEE REPORTED FOR
SUPERVISION TO THE PAROLE
OFFICER?

Ans: Arrival Report

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.
What is the report made by the PPO if
the parolee commits another off ense
while under parole supervision and is not
yet been decided by the court?

Answer: Progress Report

WHAT IS THE REPORT MADE IF
THE PAROLEE IS SUBSEQUENTLY
CONVICTED OF ANOTHER CRIME?

Ans: Infraction Report

INFRACTION REPORT

 Is a report submitted by the PPO to the BPP when the

client has been subsequently convicted of another
crime, or any violation of the terms and conditions
appearing in his Release Document.
CANCELLATION OF PARDON/PAROLE

 The BPP 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 BPP, either before
and after release, was false, or incomplete or that the client
had willfully or maliciously concealed material information
from the BPP.
 The BPP may consider the case of a recommitted parolee
for the grant of a new parole after the latter shall have
served one-fourth (l / 4) of the unserved portion of his
maximum sentence (RRRBFP, 2002, Section 42 * 43 )
 Termination of Parole and Conditional
Pardon
• After the expiration of the maximum sentence of a
client, the BPP shall, upon the recommendation of the
Chief Probation and Parole Officer (CPPO) 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 CPPO,
the BPP 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
(RRRBPP, 2002, Section 44).
HOW LONG WILL BE THE PAROLE
SUPERVISION?

 The period of Parole Supervision shall extend up to the

expiration of the maximum sentence which should be
appear in the Release Document subject to the provisions of
section 6 of Act 4103 with respect to the early grant of Final
Release and Discharge.
WHAT DOCUMENT IS NECESSARY FOR AN
INMATE TO BE RELEASED ON PAROLE?

Release document/ Discharge on Parole

• 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
(RRRBPP, 2002, Section 45).
WHAT IS THE EFFECT IF
THE PAROLEE/PARDONEE
RECOMMITTED TO PRISON?

Ans: serve the remaining

unexpired portion of his/her
sentence
What is the report made as a basis for
parolee’s final release?

Ans: Summary report

Summary Report” 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; y.
What is given to a parolee for him to
be discharged from parole?

Ans: 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