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Parole

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PAROLE

Parole refers to the conditional release of an offender from a correctional institution after he has served the minimum of
his prison sentence (ISL Act No. 4103).
Parolee refers to a prisoner who is released on parole.
Parole Supervision refers to the supervision/surveillance by a Probation and Parole Officer of a parolee/ pardonee.
Board refers to the Board of Pardons and Parole
*The Board may consider the case of a prisoner for executive clemency or parole only after his case has become
final and executory. It will not take action on the petition of a prisoner who has a pending criminal case in court or when
his case is on appeal.

PETITIONS FOR PAROLE

WHAT ARE THE FACTORS TO BE CONSIDERED


IN PETITION FOR PAROLE?

shall be addressed to the Chairman or to the Executive


Director of the Board.
1

If he is confined in prison or jail to serve an


indeterminate sentence, the maximum period of
which exceeds one (1) year, pursuant to a final
judgment of conviction and
that he has served the minimum period of said
sentence.

WHO CANNOT BE GRANTED PAROLE


Generally, those sentenced
a

to a term of imprisonment of one (1) year or


less,
b or to a straight penalty, or
to a prison sentence without a minimum term of
imprisonment
WHO MAY GRANT PAROLE TO A PRISONER?
The Board of Pardons and Parole, an agency under the
Department of Justice
WHEN MAY A PRISONER BE GRANTED
PAROLE?
Whenever the Board of Pardons and Parole finds
1 that there is a reasonable probability that, if
released, the prisoner will be law-abiding and
2 that his release will not be incompatible with the
interest and welfare of society and
3 when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of
imprisonment

a) age, gravity of the offense and the manner it was


committed, institutional behavior or conduct and
previous criminal record;
b) evidence of legitimate employment upon
release;
c) that the petitioner has a place where he will
reside;
d) availability of after-care services for the old,
seriously ill or suffering from a physical
disability;
Special Factors
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability (bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities)
d. serious illness and other life-threatening disease;
e.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.
*Parole of An Alien. 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.

PRISONER WHO IS RELEASED ON PAROLE


the prisoner is placed under the supervision of Probation
and Parole Officer
PURPOSE OF PAROLE SUPERVISION
For guidance and assistance towards rehabilitation
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 respect to the early grant of Final Release and
Discharge
EFFECT OF CERTIFICATE OF FINAL RELEASE
AND DISCHARGE
The accessory penalties of the law which have not been
expressly remitted therein shall subsist
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.

WHAT HAPPENS IF A PAROLEE VIOLATES THE


CONDITIONS OF HIS PAROLE?
He shall be rearrested and recommitted or returned to
prison to serve the unexpired portion of the maximum
period of his sentence.
ARREST OF CLIENT
Upon receipt of an Infraction Report, the Board may
order the arrest or recommitment of the client.

RECOMMITTED PAROLEE
After the latter shall have served one-fourth (1/4) of the
unserved portion of his maximum sentence
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.
DEFERMENT OF PAROLE

OUTSIDE TRAVEL
Authorize: Chief Probation and Parole Officer
-not more than thirty (30) days
-with the approval of the Regional Director

If his release on parole will endanger his own life and


those of his relatives or the life, safety and well being of
the victim, his relatives, his witnesses and the
community, the release of the prisoner shall be deferred
until the danger ceases.

TRAVEL ABROAD AND/OR WORK ABROAD

CANCELLATION OF PAROLE

-Under active supervision/surveillance who has no


pending criminal case in any court may apply for
overseas work or travel abroad
(approved: Administrator; confirmed: Board)

If the information given by said client to the Board


a was false, or
b incomplete or
c that the client had willfully or maliciously
concealed material information from the Board

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