PAROLE

Parole is defined as a conditional release of an offender from a penal or the continued custody
of the state and under conditions that permit his reincarceration if he violates a condition for his
release.

Parole is a French word for “Honor” and is used here in the sense of “Word of Honor” or
Parole d’honneur. Thus, the implication was that he would abide by the terms of his conditional
release. As a penal practice is part of the reformatory idea which originated in the dim historical past
in Europe. Parole did not originate in the United States, but it was there when it was developed
faster. It is said that the first man to use the word ‘’parole’’ was Dr. S.G. Howe of Boston who used
said word in a letter to the Prison Association of New York in 1846. But it was in 1869, after some
American Prison reformers who observed the Irish Prison System instituted by Sir Walter Crofton
that led to the approval of the law creating the Elmira Reformatory in New York, which
inaugurated in 1876, and this famous institution can be said to be the beginning of Parole in the
United States

PAROLEE- Refers to a prisoner who is released on parole.

HISTORICAL BACLGROUND OF PAROLE

 Dr. S.G. Howe of Boston
-It is said that the first man to use the word ‘’parole’’ was Dr. S.G. Howe of Boston
who used said word in a letter to the Prison Association of New York in 1846. But it was in
1869, after some American Prison reformers who observed the Irish Prison System instituted
by Sir Walter Crofton that led to the approval of the law creating the Elmira Reformatory in
New York, which inaugurated in 1876, and this famous institution can be said to be the
beginning of Parole in the United States

 Alexander Maconochie
- Introduced a progressive humane system to substitute for corporal punishment.
When a prisoner earned a required number of marks, he was given his ticket to leave which is
the equivalent of parole. For his progressive administration of prisoners, Maconochie, was
credited as fathers of Modern penology.

 Walter Crofton (1856)

- Introduced the Irish system latter on called the progressive stage system.
- The first stage of the Irish system was solitary confinement for nine months at a
certain prison. The prisoner at this stage were given deducted diet and allowed monotonous
work..
- The second stage was an assignment to the public works at Spike Island. The
prisoner worked his promotion through the series of grades, according to a work system, and
wore a badge of distinction to show his status. The purpose of the marked system and the
progression through grades was to shorten the length of stay.
- In the third stage, the prisoner was sent to lurk or Smithfield which was a short of
preparation for the release. Here, the prisoner worked without custodial supervision and was
exposed to ordinary temptation of freedom.
- The final stage was the release on supervision under conditions equivalent to
present day parole

 Zebulon Brockway (1876)

-A Superintendent of Elmira Reformatory. He introduced Parole:
- The new prisoner was classified as second grade and was promoted to first grade
after six months of good behavior. Another six months of good behavior in the first grade
 qualified him for parole. If a prisoner committed misconduct, he was demoted to third grade
where he was required to show good conduct for one month before he could be classified to
second grade
- 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

 Parole in china:
-Paroles in china were introduced in the year 1902 and their paroles involved the
practice of parole on medical grounds, prisoners were granted parole depending on medical
grounds,
- However, the parole system was abused where by prisoners would be released or
granted parole even if the convict was not seriously ill, paroles were granted on the condition
that medical treatment was not available in prison.

 IN THE PHILIPPINES
-Parole is governed by the Indeterminate Sentence Law, also known as Act No. 4103,
dated December 5, 1933, and this law was subsequently amended by Act No. 4225, and later
in June 19, 1965 by RA No. 4203.
- This refers to the conditional release of an offender from a penal or the continued
custody of the state and under conditions that permit his reincarceration if he violates a
condition for his release.
- Parole in the Philippines is administered by the Board of Pardon and Parole

The Board undertakes the following Functions

1.Looks into the physical, mental and moral records of prisoners who are eligible for
parole or any form of executive clemency and determines the proper time of release of such
prisoners on parole;

2. Assists in the full rehabilitation of individuals on parole or those under conditional

pardon with parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive
clemency to prisoners other than those entitled to parole.

Review of Cases for Parole

Unless otherwise disqualified under Section l5 of these Rules, a case for parole of a prisoner
shall be reviewed upon a showing that 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

Eligibility for Review of a Parole Case - an inmate's case may be eligible for review by the board
provided:
a. Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1)
year;
b. Inmate has served the minimum period of the indeterminate sentence;
c. Inmate's conviction is final and executor;
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.
d. Inmate has no pending criminal case; and
e. Inmate is serving sentence in the national penitentiary, unless the confinement of said inmate
in a municipal, city, district or provincial jail is justified.
Disqualifications for Parole
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."

PRE- PAROLE INVESTIGATION

The PPA will submit the PPIR with in 30 days to BPP

The Grant of Parole - Discharge of prisoner on Parole is evidenced by “Release Document”

The Board may grant a prisoner parole If the following circumstances are present:
a) That the prisoner is fitted by his training for release;
b) That there is a reasonable probability that, if released, he will live & remain at liberty
without violating the law; and
c) That his release will not be incompatible with the welfare of society.

Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness

Compromised - If, based on the Pre-Parole Investigation Report conducted on the prisoner, there is a
clear and convincing evidence that 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.

PAROLE SUPERVISION
- The period of parole supervision shall extend up to the expiration of the maximum sentence
which should appear in the Release Document.

Form of Release Document - The form of the Release Document shall be prescribed by the Board and
shall contain the latest l"x1" photograph and right thumbprint of the prisoner.

Transmittal Of Release Document

The Board shall send a copy of the Release Document (RD) to:
a) the prisoner – thru the Director of Corrections or Warden of the jail where he is confined.
b) Probation & Parole Officer specified in the RD (to be sent on the date of actual release of
prisoner)
 Initial Report - Within the period prescribed in his Release Document, the prisoner shall present
himself to the Probation and Parole Officer specified in the Release Document for supervision.
If within forty five (45) days from the date of release from prison or jail, the parolee/pardonee
concerned still fails to report, the Probation and Parole Officer shall inform the Board of such failure,
for appropriate action.

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.

Mandatory Conditions of Supervision - It shall be mandatory for a client to comply with the terms
and conditions appearing in the release document.

Review and Modification of Conditions - The Board may, upon the recommendation of the
Probation and Parole Officer, 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 Regional Director subject to the
confirmation by the Board.

Outside Travel - A Chief Probation and Parole Officer may authorize a client to travel outside his
area of operational jurisdiction for a period of not more than thirty (30) days. A travel for more than 30
days shall be approved by the Regional Director.

Travel Abroad and/or Work Abroad - 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 application for travel abroad shall be approved by the Administrator
and confirmed by the Board.

Death of Client - If a client dies during supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of the client's death certificate to the Board recommending
the closing of the case. However, in the absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay chairman or any authorized officer or any
immediate relative where the client resided, shall suffice.

VII. INFRACTION/VIOLATION OF THE TERMS ANDCONDITIONS OF THE RELEASE

DOCUMENT

Progress Report - stating the conduct of parolee in the duration of his parole supervision.

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
TERMINATION OF PAROLE AND CONDITIONAL PARDON SUPERVISION

Certificate of Final Release and Discharge –

1. After the expiration of the maximum sentence of a client, the Board shall, upon the
recommendation of the Chief Probation and Parole Officer 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.
2. However, even before the expiration of maximum sentence and upon the recommendation of
the Chief Probation and Parole Officer, the Board may issue a certificate of Final Release and
Discharge to a parolee/pardonee
3. The clearances from the police, court, prosecutor's office and barangay officials shall be
attached to the Summary Report.

Effect of 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.

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 Court which sentenced the released client,
the Probation and Parole Officer who has supervision over him, the client, the Bureau of Corrections,
the National Bureau of Investigation, the Philippine National Police and the Office of the President.

Report of Parole Status/Infraction/Violation

a) Status Report – stating another offense/s committed by the parolee which has not yet been
decided by the court;
b) Infraction Report – stating the subsequent conviction of another crime;
c) Violation Report- stating the violation/s of the terms & conditions appearing in the release
document or non-compliance of his obligations as parolee

Arrest of Client - Upon receipt of an Infraction Report, the Board may order the arrest or
recommitment of the client.

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 Pardon/Parole - The Board 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 Board,
either before or after release, was false, or incomplete or that the client had willfully or maliciously
concealed material information from the Board.

Review of Case of Recommitted Parolee - The Board may consider the case of a recommitted
parolee for the grant of a new parole after the latter shall have served one-fourth (1/4) of the unserved
portion of his maximum sentence.