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Chapter 9: Parole

At the end of this chapter the student should be able to:

• Define Parole and Other Definition of Terms

• Enumerate the Advantages of Paroles and the Procedures
• Understand the History and Concept of Parole

Definition of Terms (Sec. 2, Rules on Parole and Pardon)

1. Board refers to the Board of Pardons and Parole;

2. 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 the
appellate court, if any, certificate of non-appeal, certificate of detention and
other pertinent documents of the case;
3. Director refers to the Director of the Bureau of Corrections;
4. National inmate 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;
5. Parole refers to the conditional release of a prisoner from a correctional
institution after he has served the minimum of his prison sentence;
6. Parole Supervision refers to the supervision/surveillance by the Probation
Officer of a Parolee;
7. Parolee refers to a prisoner who is released on parole;

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8. 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;
9. 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;
10.Probation and Parole Officer refers to the Probation and Parole Officer
undertaking the supervision of the parolee;
11.Regional Director refers to the head of the Parole and Probation
Administration in the region;
12.Release Document refers to the "Discharge on Parole" issued by the Board;
and
13.Warden refers to the Officer-in-Charge of the Provincial, City, Municipal
or District Jail. Warden is also defined as the administrator in a correctional
institution; also called a Superintendent.

History of the Parole System

The origin of parole can be associated with the work of a number of

individuals who headed prisons; they include Brockway Zebulon in the year 1867,
Alexander Maconochie in the year 1840 and Walter Crofton in the year 1854.
Brockway Zebulon runs the Elmira penitentiary in the New York while Alexander
Maconochie was the governor of the Norfolk Island prison, and Walter Crofton
was the governor of the Irish prison. All of the above contributed to the
introduction of parole system in the prison system.

Conditional release made its first appearance in the ticket-of-leave system

used in the Australian Penal Colonies. The system was greatly improved by
Alexander Maconochie (11 February 1787-25 October 1860) a Scottish naval
officer, geographer, penal reformer and considered as the "Father of parole," and
the governor of the Norfolk Island, located off the coast of Australia. He
introduced the modern idea of parole when, in 1840, he was appointed
superintendent of the English penal colonies in Norfolk Island, Australia. He
developed a plan to prepare them for eventual return to society that involved three
grades. The first two consisted of promotions earned through good behavior,
labor, and study. The third grade in the system involved conditional liberty outside
of prison while obeying rules. A violation would return them to prison and start all
over again through the ranks of the three-grade process.

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Sir Walter Crofton, the governor of the Irish prison introduced a prison
structure whereby prisoners who arrived in jail were first put under strict
imprisonment, then through conditional release and finally freedom, the movement
from one stage to another depended on the number of points prisoners would earn.
Crofton provided prisoners with a chance to work in the community for a period
of time prior to release. According to this concept, offenders are allowed to work
at jobs in the community and still receive the benefit of certain programs available
at an institution.

Paroles in the United States were introduced by Brockway Zebulon in the

year 1876 as a way to reduce jail overcrowding and at the same time as a way to
rehabilitate prisoners by encouraging them to win their way out of prison through
good behavior, involves the supervision of a criminal after serving part of jail term
and the convict is allowed to live in the community under supervision, the parole
period is dependent on the decisions made by the board of parole, violation of
parole will result into re-imprisonment of the convict.

Definition and Concept of Parole

Parole may have different meanings depending on the field and judiciary
system. All of the meanings originated from the French parole ("voice", "spoken
word"). Following its use in late-resurrected Anglo-French chivalric practice, the
term became associated with the release of prisoners based on prisoners giving
their word of honor to abide by certain restrictions.

Paroles are ways in which criminals are supervised in order to determine

whether they are likely to commit the same crime or any other crime during this
time period: if they do commit a crime during this period then they are sent back
to prison to serve a jail term, both probations and paroles are set to determine the
rehabilitation level of a convict and whether the convict is fully rehabilitated and
whether he or she can live with the society without committing crimes.

Parole is a privilege where one is eligible for parole if the prisoner receives
a minimum and maximum sentence and after serving the minimum sentence the
parole board may decide to put him or her under parole after a consideration
hearing: this is in contrast with probation where it is determined by the judge,
Paroles are granted to convicts by the parole board, when the parole board feels
that a certain individual who has served his minimum term is responsible and can
join the community under supervision; on the other hand probations are imposed
by the judge as part of the sentence.

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Parole as defined in the 1957 National Conference on Parole as the "method
of selectively releasing an offender from an institution prior to completion of his
maximum sentence, subject to conditions specified by the paroling authority, a
method whereby society can be protected and the offender can be provided with
a continuing treatment and supervision in the community."

Parole is freedom extended to incarcerated offenders even before the

expiration of his sentence if the offender can show that he has been converted
into a respectable, law-abiding citizen. Unrepentant offenders, on the other hand,
who have not made significant progress in their treatments, can be retained until
their correction is accomplished. A parolee continues to receive treatment even
when he is already outside. He remains supervised by a parole officer from the
Probation and Parole Administration who is tasked with monitoring his movements
and provides necessary assistance and support ranging from personal counseling
and therapy to help in looking for employment.

Parole in the Philippines as defined under the Board of Pardons and Parole
Operational Manual refers to the conditional release of a prisoner from a
correctional institution after he has served the minimum of his prison sentence.
Parole is granted by the Board of Pardons and Parole only when the offender has
already served his minimum sentence under the Indeterminate Sentence Law. It
does not pardon the offender since he technically remains in legal custody and the
clemency only serves to suspend the execution of the penalty and temporarily
release the convict from imprisonment on conditions which he is at liberty to
reject. Once the conditions have been accepted, any violation thereof will result
in the subsequent arrest and reincarceration of the offender to serve the unserved
portion of his original penalty.

Advantages of Paroles

There are a few distinct advantages to both the prisoner and the community
when paroles are given.

1. Behavioral Aspect - Persons who undergo the parole process are less likely
to re-offend and return to criminal behavior. Parole programs are designed
to help offenders reintroduce themselves to society. Once an offender has
learned to behave in a way that is acceptable to society, he is able to
continue this behavior and survive. Successful parole programs decrease
the recurrence of criminal behavior, which is beneficial to both the parolee
and to society as a whole.

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2. Economy Aspect - Paroling a prisoner puts that person back on the street,
making her able to earn a living to sustain himself. The parolee is no longer
a ward of the state and dependent upon the government's money. This is an
economic advantage to the national government. The taxpayers' money can
then be routed to another area of need.

3. Incentive Aspect - Giving prisoners a chance at parole is an incentive for

them. Striving to reach parole means they are better, more well-behaved
prisoners who are reaching for a goal. They are following the rules of the
prison and participating in prison programs to change their behavior and
outlooks on life in general. Prisoners with a chance for parole are able to
see an end to their sentence. This is a powerful incentive to stay out of
trouble and complete various training and educational programs. This is an
advantage to both the society and the prisoner.

Distinguish Parole and Conditional Pardon

In parole, a prisoner who has served a portion of the sentence is released

from jail or prison, but remains under the custody of the State under the condition
that in case of misbehavior he will be re-imprisoned, while in conditional pardon,
the pardoned prisoner does not remain under government custody and his civil
rights are restored to him wholly or in part according to the terms of the pardon.
(Domondon, Primus Pre-Bar Reviewer Division, 2009 Wrap-Up Review Notes in
Criminal Law, p. 102)

Distinguish Parole and Pardon

A prisoner is paroled only after he has served a part of his sentence while
in pardon the accused is released immediately after he has been found guilty or
has pleaded guilty and before he starts serving the sentence. (Domondon, ibid,
citing U.S vs. Murray, 275 U.S. 347)

Board of Pardons and Parole (BPP)

The Board of Pardons and Parole (BPP), created by virtue of Republic Act
No. 4103 (1933) known as the Indeterminate Sentence Law, is an agency under
the Department of Justice (DOJ) tasked to uplift and redeem valuable human
resources to economic usefulness and to prevent unnecessary and excessive
deprivation of personal liberty by way of parole or through executive clemency.

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Under Executive Order 292, Book IV, Title III, Chapter 6, Sec. 17, the Board
of Pardons and Parole (BPP) shall continue to discharge the powers and functions
as provided in existing law and such additional functions as may be provided by
law.

Composition:

The Board of Pardons and Parole is composed of the six (6) members with
the Secretary of Justice as the Chairman to be appointed by the President (with
the consent of the Commission on Appointments) for a term of 6 years.

The Board members should include a trained sociologist, a clergyman or

educator, a psychiatrist unless a trained psychiatrist be employed by the board,
and the other members shall be persons qualified for such work by training and
experience, and additional two members who are members of the Philippine Bar,
and at least one member should be a woman. (Sec. 3, R.A. 4103, as amended by
R.A. 4203, approved on June 19, 1965; Sec. 1, E.O. 1007)

Compensation:

The law provides that each member of the Board, including the Chairman,
shall be entitled to receive as per diem two hundred pesos (P200.00), while the
Executive Director who shall act as Executive Secretary shall receive one
hundred fifty pesos (P150.00) per diem, for each meeting actually attended and
reimbursement for actual and necessary traveling expenses incurred in the
performance of duties. Board meeting will be not more than three (3) times a week
(Sec. 4, R.A. No. 4103, as amended by R.A. No. 4203, approved on June 19, 1965;
Sec. 2, E.O. 1007)

The Board undertakes the following Duties and Responsibilities (Sec. 5, R.A.
4103, as amended):

1. Look into the physical, mental and moral records of prisoners who are
eligible to parole and to determine the proper time of release of such
prisoners;
2. Authorize the release of such prisoner on parole, upon such terms and
conditions as therein prescribed and as may be prescribed by the Board;
3. Examine the records and status of prisoners who shall have been convicted
of any offense other than those named in Section 2 of R.A. 4103, and have
been sentenced for more than one year by final judgment prior to the
effectivity of R.A. 4103; and

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4. Make recommendations in all such cases to the President with regard to the
parole of such prisoners as they shall be deemed qualified for parole as
therein provided, after they shall have served a period of imprisonment not
less than the minimum period for which they might have been sentenced
under R.A. 4103 for the same offense.

Powers and Functions:

1. Authorized to adopt rules and regulations necessary to carry out its

functions

2. Empowered to call upon any bureau, office, branch, subdivision, agency, or

Government instrumentality for assistance in the performance of its
functions

3. Decisions will be arrived at by MAJORITY VOTE. A quorum will be

constituted by a MAJORITY of all its members. Dissent from the majority
opinion will be reduced to writing and filed with the records of the
proceedings.

The Procedure for the Release of Prisoner undertaken by the Board

1. Board must file with the court, which passed judgment on the case, and with
the PNP Chief, a certified copy of each order of conditional or final release
and discharge.
2. The prisoner released may be designated specific conditions as to his
parole, and required to report personally to such government officials or
other parole officers appointed by the Board for a period of
SURVEILLANCE equivalent to the remaining portion of the maximum
sentence imposed upon him or until final release and discharge by the
Board.
3. Designated parole officers shall keep records and reports required by the
Board.
4. Board may fix the limits on the residence of the paroled prisoner or change
it from time to time. If during the period of surveillance, the prisoner shows
himself to be a law-abiding citizen and shall NOT violate any laws, the
Board may issue a Certificate of Final Release and Discharge (CFRD).
5. If the prisoner violates any of the conditions of his parole, the Board may
issue an order for re-arrest of the prisoner. The prisoner re-arrested shall
serve the remaining unexpired portion of the maximum sentence for which

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he was originally committed to prison, unless the Board grants him new
parole.

The Eligibility for Review of a Parole Case

An inmate's case may be eligible for review by the Board provided that:

1. The inmate is serving an indeterminate sentence the maximum period of

which exceeds one (1) year;
2. He has served the minimum period of the indeterminate sentence;
3. His conviction is final and executory;
4. In case he 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;
5. He has no pending criminal case; and
6. He is serving sentence in the national penitentiary, unless the confinement
of said inmate in a municipal, city, district or provincial jail is justified. (Rule
2.2, BPP, Resolution No. 24-4-10)

References:
Handbook on
NON-INSTITUTIONAL CORRECTIONS
LINNET DOLINEN - GAHAR

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