NON-INSTITUTIONAL CORRECTION

CHAPTER 2
Parole
PAROLE
Conditional release of an offender from correctional or penal institution after he has
served the minimum period of his prison sentence under the continued custody of the state
and under the condition that permit his re-incarceration if he violates a condition for his
release. In its nature it does not pardon the prisoner; he still remains in legal custody.
Parole is not a leniency. It is granted to a prisoner by the Board of Pardons and Parole, an
agency under the Department of Justice.

Objectives of the Parole system:

a. Uplift and redeem valuable human material and prevent unnecessary and excessive
deprivation of liberty and economic usefulness.
b. Individualization the administration of our criminal law.
Manifest goal of parole:
a. Protection of society
b. Rehabilitation of the offenders
Latent functions:
a. Cooling out the offender
b. To enhance socially the probability of socially acceptable behavior
Eligibility of Parole
a. Confined in jail or prison to serve an indeterminate prison sentence
b. Served the minimum period of said sentence less the good conduct time allowance.
c. Reasonable probability, that if released, he will be law abiding citizen.
d. His release will not be incompatible with the interests and welfare of society.
DISQUALIFICATION FOR PAROLE
1. Punished with Reclusion perpetua
2. Convicted of treason, conspiracy and proposal to commit treason
3. Convicted of misprision of treason, rebellion, sedition and espionage
4. Convicted of piracy

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5. Habitual delinquency (those within the period of 10 years from the date of release
from prison or last conviction of the crimes
6. Habitual delinquency (those within the period of 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.
7. Escaped from confinement or evaded sentenced
8. Granted conditional pardon and violated any of the condition
9. Maximum term of imprisonment does not exceed one year
10. Suffering from mental disorder
11. Conviction is on appeal
12. Has a pending criminal case

PAROLE IN THE PHILIPPINES

ACT 4103 – otherwise known as the “Indeterminate Sentence Law” took effect on December
5, 1933 “BOARD OF INDETERMINATE SENTENCE”
EXECUTIVE ORDER 83, SERIES OF 1937
 Gave the Board the authority to advice the Chief Executive on the courses of action to
take on petitions for executive Clemencies.
 Renamed the Board of Indeterminate “SENTENCE TO BOARD OF PARDONS”
EXECUTIVE ORDER 94
 Otherwise known as ““The Reorganization Law of 1947”
 Which abolished the Board of Pardons and created the “Board Of Pardons And
Parole
Application:
 If the crime is a violation of Revised Penal Code, the court will impose a sentence that
has a minimum and maximum.
 The maximum of the Indeterminate sentence will be arrived at by taking into account
the attendant mitigating and/or aggravating circumstances (Art. 64 RPC).
 In arriving at the minimum of the Indeterminate sentence, the court will take into
account the penalty prescribed for the crime and go one degree lower.
 If the crime is a violation of a special law, in fixing the maximum of the Indeterminate
sentence, the court will impose the penalty within the range of the penalty prescribed
by the special law, as long as it will no exceed the limit of the penalty.

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 fixing the minimum, the court can fix a penalty anywhere within the range of penalty
prescribed by the special law, as long it will not be less than the minimum limit of the
penalty. No aggravating and mitigating circumstances are taken into account.
To fix the maximum, consider the mitigating and aggravating circumstances:
 Penalties prescribed by law for the crime committed shall be imposed in the medium
period if no mitigating or aggravating circumstance;
 If there is aggravating circumstance, no mitigating, penalty shall be imposed in the
maximum
 If there is mitigating circumstance, no aggravating, penalty shall be in the minimum
 If there are several mitigating and aggravating circumstances, they shall offset
against each other. Whatever remains, apply the rule.
 If there are two or more mitigating circumstance and no aggravating circumstance,
penalty next lower in degree shall be the one imposed.
IMPORTANT PROVISION ON RULES ON PAROLE
Definition of Terms:
a. "Board" refers to the Board of Pardons and Parole;
b. "Executive Director" refers to the Executive Director/Secretary of the Board;
c. "Administration" refers to the Parole and Probation Administration;
d. "Administrator" refers to the Administrator of the Parole and Probation Administration;
e. "Regional Director"refers to the Head of the Parole and Probation Administration in the
region;
f. "Probation and Parole Officer" refers to the Probation and Parole Officer undertaking the
supervision of the client;
g. "Director" refers to the Director of the Bureau of Corrections;
h. "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;
i. "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;
J. "Client" refers to a parolee/pardonee who is placed under supervision of a Probation and
Parole Officer;

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k. "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;
l. "Parole Supervision" refers to the supervision/surveillance by a Probation and Parole
Officer of a parolee/pardonee;
m. "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;
m. "Progress Report" refers to the report submitted by the Probation and Parole Officer on
the conduct of the parolee/pardonee while under supervision;
n. "Infraction Report" refers to the report submitted by the Probation and Parole Officer on
violations committed by a parolee/pardonee of the conditions of his release on parole or
conditional pardon while under supervision.
Forms and Contents of Petition
Review upon petition or motu propio; form and contents of Petition
- that the prisoner’s case is eligible for review by the Board
- that he is not disqualified from being granted parole
Procedure:
Transmittal of Carpeta and Prison Record
The Director or warden concerned shall send a prisoner’s prison record and carpeta.
Publication of Names of Prisoners being considered for Parole
- The Board shall cause the publication in a newspaper of general circulation the names of
prisoners
Notice to offended party
-the offended party or immediate relatives in the event that the offended party is unable or
otherwise not available, shall be notified personally or by registered mail within 30 days.
Deferment of Parole when safety compromised
(Pre-parole investigation)
- Clear convincing evidence that his release on parole will endanger his own life or those of
his relatives or the life safety and well being of the victim
Proceedings of the Board
Factors to be considered in review of Parole cases:

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1. Degree of prisoner’s rehabilitation and institutional behavior

2. Previous criminal record (if any )
3. Gravity of the offense
4. Evidence that the offender will legitimately employed
5. Age of prisoner
Grant of Parole
Following circumstances are present:
a. Fitted by his training or release
b. Reasonable probability that if release he will not violate the law
c. Not incompatible with the welfare of society
Meetings – executive session regularly or upon the call of the Chairman
Quorum – majority of all the members
Board Action
-order to grant of parole to modify of any of the terms and conditions appearing in a
release documents, to order the arrest and recommitment of the parolee and to issue
certificate of final release and discharge, the decision or action must be supported by at
least four votes of the members
Rules after grant of Parole, Parole Supervision
-a prisoner shall be released upon the grant of parole. Such grant of parole shall be
evidenced by the release documents which shall be, in the form prescribed by the Board
and shall contain the latest 1x1 photograph of the prisoner.
Parole Supervision (EO #292)
Shall seek to ensure the faithful compliance by the client with the terms and conditions for
his release and to bring about his rehabilitation and early reintegration into the
community.
Transmittal of release document
The Board shall send a copy of the release document to the Director of Corrections or the
warden of the BJMP on where the prisoner is confined, on the date of actual release of the
prisoner the Director or the Warden concerned, shall send a certification of said release to
the Probation and Parole officer
Parole Supervision

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a. Upon release – Probation and Parole Officer

b. Parole supervision – extend up to the expiration of the maximum sentence
c. Parolee fails to report within 45 days from the date of his release- the PPO shall
inform immediately the Board
d. Arrival report of parolee – within 15 working days from the date when said parolee
report for supervision.
The officer shall inform the client who reports for supervision of the terms and conditions of
his release and shall forth with assign a supervisor to the case. The client shall sign the
prescribed form (PPA Form 14) to indicate that he understands his obligation as a client.
Interview of the client
The supervisor shall interview the client within five (5) days after the case is assigned to
him with the end in view of identifying the activities and goals to be included in the
supervision plan.
Supervision Plan
Not later than fifteen (15) days after the initial interview of a client, the supervisor shall
submit the client’s supervision plan (PPA Form 15) to the officer for approval.
Contents of Supervision Plan
1. Reporting dates of the client
2. The plan to meet the identified needs and problems of the clients.
3. If required, the schedule and mode of payment of the indemnification of civil liability
and restitution.
Frequency of reporting of Client
Not less than four times a month during the first six (6) months of the supervision program,
unless during the said period, the reporting frequency is reduced by the officer upon the
recommendation of the Supervisor.
Mandatory conditions
- parolee to comply all the terms and conditions appearing in the release documents
- a parolee may not be allowed to transfer from his original residence designated on
his release documents without prior notice or written approval of the Regional Director
subject to the confirmation by the Board.
Other Conditions
A supervision plan may require the client to meet any of the conditions enumerated in Sec
27 of the Probation rules.
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Review and Modification of Conditions

The Board may, upon the recommendation of the Administrator, revise or modify the terms
and conditions appearing in the release document.
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 Board.
A written application therefore, in the form prescribed by the Board, shall be filed by the
client with his Parole and Probation Officer at least 15 working days before the requested
transfer.
Outside Travel
A parole and probation officers may authorize a client to travel outside his area of
operational jurisdiction for a period of more than ten (10) days but not exceeding thirty
(30) days.
Outside travel for a cumulative duration of more than (30) days within a period of six (6)
months shall be considered transfer of residence.
- Outside travel may be approved by the Chief Probation and Parole Officer for a period of
not more than 30 days. A travel of more than 30 days shall be approved by the Regional
Director.
Travel abroad or to work abroad (no pending criminal case) – approved by the Parole and
Probation Administrator and confirmed by the Board.
Parolee’s Died- parole officer shall transmit a certified copy of death certificate. In the
absence of death certificate, an affidavit from brgy chairman or any authorized officer or
relatives
Infraction or violation of the terms and conditions of the release documents
a. A progress report when a parolee commits another offense during the period of his
supervision and the case filed against him or on the conduct of parolee while under the
supervision.
parole
b. An infraction report when the parolee has been subsequently convicted for another crime
c. A violation report when a parolee commits any violations of the terms and conditions
appearing in his release documents
Confidentiality of Infraction Report
The infraction report shall be confidential and may not be examined by the client who is the
subject thereof.
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Arrest of Client
Upon receipt of infraction report, the Board shall immediately order the arrest of the client
named therein. The Board may order the recommitment to prison of the rearrested client if
it finds that the continuation of his parole is incompatible with the welfare of society.,
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.
Cancellation of parole/Pardon
The Board may cancel the grant of parole or recommend the revocation of the
parole/pardon of a client if it finds that material information given by the said client to the
Board, either before or after release, was incompatible or that the client had wilfully or
maliciously concealed material information.
Review of Case of Recommitment Client
The Board may consider the case of a recommitted client for a grant of a new parole after
the latter shall have served one fourth ¼ of the unserved portion of his sentence.
Termination of Parole Supervision
Certificate of Final Release and Discharge
After the expiration of the maximum period of the sentence of the client, the Board may,
upon the recommendation of the Administrator, issue a Certificate of Final Release and
Discharge to a parolee and recommend to the President that a similar certificate be issued
to a pardonee.
Effect of Certificate of Final Release and Discharge
The parolee shall be final released and discharged from the conditions appearing in his
release document. However, the accessory penalties of the law which have not been
expressly remitted in the Certificate shall subsist.
Transmittal of Copy of Discharge to Court
Final Interview
At least 1 month before the expiration of the Maximum period of the prison sentence of the
client or of the period of parole supervision as may be provided in the release document,
the Supervisor shall inform the client of the end of parole supervision and legal effects
thereof.

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Summary Report
15 days before the expiration of the maximum prison sentence or of the period of parole
supervision of the client, the supervisor shall submit to the Board, through the officer
concerned, a summary report (PPA Form 16) on the result of the supervision
Other Proceedings of the Board
A majority of the members of the Board, acting a body, shall be necessary to grant parole or
to recommend the grant of executive clemency, to modify any of terms and conditions, to
order the arrest and recommitment of a parolee/pardonee and to issue a certificate of final
release and discharge.
Parole or conditional pardon of an Alien
The Board may parole or recommend that grant of conditional pardon to a prisoner who is
an alien. In such a case, the alien who is released on parole or pardon shall be turned over
to the Bureau of Immigration for disposition.
Documents considered will be the carpeta and prison record of the prisoner
Interview of the prisoners
Any board member or government official authorized by the Board may interview
prisoners confined in national, city and provincial jails to determine whether or not they
may be released on parole or granted executive clemency.

Interview results
The Board member shall make verbal report of the result of the interview of
prisoners. Government official authorized by the Board to interview prisoners shall submit
a written report thereon within 15 days from the date of the interview.

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