CHIEF INSPECTOR DARIO C CAMPOS,RC,MBAAssistant Regional Director,B.J.M.P.,CARAGA

PAROLE

ParoleIs French for “word” and is used in the sense of “word of honor” (parole d’ honneur). Thus,the implication is that the released prisoner would give his “word of honor” that he would abide by the terms of his conditional release.

ParoleRefers to the conditional release of an

offender from penal or correctional institution after he has served the minimum period of his prison sentence under 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

Parole in the country is governed by Act No. 4103,otherwise known as the Indeterminate Sentence Law. The law was subsequently amended by Act No.4225 and further amended by R.A. No. 4203. Lately, other changes in the law was introduced by Executive Order No. 292,otherwise

referred as the Administrative Code of 1987. It is through the latter amendment that the Probation Administration was renamed as Parole and Probation Administration and charged with the task of administering the Parole system and exercise general supervision over all parolees and pardonees..

Constitutional & Statutory Mandate

The Board came into existence by virtue of Act No. 4103,otherwise known as the Indeterminate Sentence Law of 1933. Act NO. 4103 provided,among others, the creation of the Board of Indeterminate Sentence. This body was

tasked to look into the physical, mental and moral record of the prisoners who shall be eligible for parole and to determine the proper time of release of such prisoners.

This law was amended by Executive Order No.83,series of 1937, which gave the Board the authority to advice the Chief Executive on the course or courses of action to take on petitions for executive clemency. It likewise renamed the Board of Indeterminate Sentence to Board of Pardons.

On October 4, 1947, Executive Order No. 94,otherwise known as the Reorganized Law of 1947 was promulgated. This law abolished the Board of Pardons and created the present Board of Pardons and Parole.

On June 19,1965, the Indeterminate Sentence Law of 1933 was further amended by R.A. 4203 which provided the qualification, term of office, composition and compensation of the Board members.

Essential elements of the Parole System

1.That the prisoner’s sentence of conviction becomes final and executory.

2.That he/she serves pat of his/her sentence.

3. That he/she is released before the expiration of his/her minimum sentence.

4. That said liberty is conditionally anchored on good behavior, and

5. That he/she remains on parole until the expiration of his/her maximum sentence.

Alexander Macanochie- The Father of Parole, an Australian.

BPP Five principal function are:

1. To look into the physical, mental and moral record of prisoners who are eligible for parole or any form of executive clemency and to determine the proper time of release of such prisoners on parole,&

2. To recommend to the President the extension of any form of executive clemency to prisoners other than those entitled to parole.

3. To assist in the full rehabilitation of individuals on parole or those under conditional pardon with or w/o parole conditions by way of parole supervision

4. To authorize the discharge of parolee or pardonee from parole supervision after 5 years from the grant of his parole/conditional pardon or after the expiration of his minimum sentence whichever is earlier, and

5. To revoke the parole or recommend to the President the revocation of the pardon of the grantee and his return to the penal institution to serve the unexpired portion of his original sentence, if the parolee/pardonee violates any of the conditions of his parole or pardon either through a technical violation or the commission of a new crime.

Objectives of Parole & Principal Functions

1. To uplift and redeem valuable human to economic usefulness, and

2. To prevent unnecessary and excessive deprivation of personal liberty by

way of parole or the exercise of executive clemency.

Board CompositionThe Board is composed of the Secretary of

Justice who acts as its chairman and six members who may either be a sociologist,clergyman,educator, a member of the legal profession or one who has training and experience in corrections work. At least one member is a woman. The Parole and Probation Administrator is

an ex-officio member of the Board. All the members are appointed by the President. In practice,one of the Underseretaries of Justice is delegated as its Acting Chairman. An Executive Director who is

also the Secretary of the Board provides administrative support and is charged with the duty of implementing its decisions,policies,programs and projects.

Board Present PoliciesThe board considers the cases of prisoners

for parole, commutation of sentence, conditional pardon or reprieve only after the decision convicting the offender has become final and executory. It does not take action on the petitions of prisoners who have pending cases in court or when their

cases are on appeal. In another resolution number 5501 dated 20 March 1997, Parole and Probation Officers are requested to coordinate and obtain from the clerk of court of the court that promulgated the decision, a certification that no appeal has been filed in the case.

Petitions for parole/executive clemency filed by convicted aliens serving time in the Philippines are referred for comment and recommendations to the Secretary of Foreign Affairs. The DOF holds the view that insofar as it is appropriate the grant of executive clemency to a foreigner should be done on a case to case basis.

The Board can consider the case of a national prisoner regardless of where he is confined provided if confined in a city or provincial jail the warden thereof issues a certification that the continued confinement of the prisoner in his jail is beyond the prisoner’s control.

Eligible for Parole

A prisoner is eligible for the grant of Parole unless otherwise disqualified upon showing that 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 and that he has served the minimum period of said sentence less the good conduct time allowance earned.

Prisoner granted a “ Discharge on Parole”

A prisoner may be granteda discharge on parole whenever

the Board finds that there is a reasonable probability that if released, the prisoner will be law-abiding and that his release will not be incompatible with the interest and welfare of society.

Order the release of prisoner on parole

The Board of Pardons and Parole will order the release from confinement of a prisoner granted parole.

Disqualified for Parole

Pursuant to, among others, Section 2 of Act No.4103 as amended, otherwise known as the Indeterminate Sentence Law, said Act shall not apply, and parole shall not be granted, to the following prisoners:

1. Those convicted of an offense punished with reclusion perpetua.

2. Those convicted of treason, conspiracy or proposal to commit treason.

3. Those convicted of misprision of treason,rebellion,

Sedition, coup d’et or espionage.

4. Those who are habitual delinquents, those who within a period of ten 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 said crimes a third time of oftener.

5. Those who escaped from confinement or evaded sentence.

6. Those who were granted conditional pardon and violated any of the terms thereof.

7. Those whose maximum term of imprisonment does not exceed one year or are with a definite sentence.

8. Those suffering from any mental disorder as certified by a psychiatric report of the Bureau of Corrections or the National Center for Mental Health.

9. Those whose conviction is on appeal, or has not yet become final & executory;

In case the prisoner has one or more co-accused who had been convicted, the

Warden concernedShall forward their prison records and carpetas at the same time.

11. Those convicted of piracy or mutiny on the high seas or Philippine waters,&

10.Those who have a pending criminal case for an offense committed while serving sentence.

12. Those national prisoners serving sentence in a municipal,city,district or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoner’s control;

A national prisoner, forpurposes of these Rules, is one

who is sentenced to a maximum term of imprisonment of more than 3 years or to a fine of more than 5 thousand pesos; or regardless of the length of the sentence imposed by the Court, to one

sentenced for violation of the Custom Law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to serve 2 or more prison sentences in the aggregate exceeding the period of 3 years.

Another ground for disqualification is when the prisoner is given a death sentence or life imprisonment, or has a definite sentence. The Board may,however, recommend commutation of a life term to an indeterminate sentence and, after service of the minimum sentence, as commuted, the prisoner becomes eligible for parole.

It is the responsibility of the Director of Prisons to forward to the Board the prison record and carpeta of national prisoners eligible for parole (those confined in any national penal institution,penal colony and or prison farm) 30 days before the expiration of the prisoner’s minimum sentence.

In case of provincial or city prisoners, it is the duty of the respective wardens to transmit to the Director of Prisons in Muntinlupa, Metro Manila, all pertinent records of prisoner in their jails, 30 days before the expiration of such prisoner’s minimum sentence. Then, within 15 days after

receipt of the records of the provincial or city prisoner, the Director of Prisons shall submit the same to the Board for its consideration. Under these circumstances a prisoner need not file a written petition with the Board since the law already provides the mechanism for the review of his/her case.

However, it is advisable for a prisoner or any person in his behalf to make such petition for the following reasons:

1.Not all prison records and carpetas of qualified national/provincial/city prisoners are transmitted to the Board by the concerned authorities within the reglementary period.

2. To draw the attention of and mobilize the Board in to requesting the prison record and carpeta of a particular prisoner from the Director of Prisons when the same has not yet been received by the Board; and

3. The prisoner may qualify for commutation of sentence or the grant of conditional pardon if he is not yet eligible for parole.Pursuant to the Board’s present policy, a national prisoner who has served 1/3 of his minimum sentence may be recommended for commutation of sentence.

Report to the BPP if a client

on parole committed any infraction of the terms of parole supervision.

Any infraction by a client of the terms and conditions appearing in his release document or any serious deviation or non-observance of the obligations set forth in the parole supervision program shall be immediately reported by his Parole and Probation Officer to the Board.

Order the arrest of the client on parole

1. Upon receipt of an infraction report, the Board shall immediately order the arrest of the client on Parole and shall be made to serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison.

Parole supervision be terminated

After the expiration of the maximum period of the sentence of a client provided he does not commit any infraction and the Board may, upon the recommendation of the Parole and Probation officer, issue a certificate of Final Release and Discharge to a Parolee.

Purpose of parole supervision

To ensure the faithfulness compliance by the client with the terms and conditions for his release and to bring about his rehabilitation and early reintegration into the community.

Start of supervisionParole supervision shall be deemed to start on the date the client presents his release document to the office and submits himself for supervision.

Arrival of the clientThe officer shall inform the client who

reports for supervision of the terms and conditions of his release and shall forthwith assign a supervisor to the case. The client shall sign the prescribed form to indicate that he understands his obligation as a client. The officer

shall inform the Administrator, copy furnish the Regional Probation Office concerned, of the date a client reports for supervision within 5 days from the date of thereof.

Interview of clientThe supervisor shall interview the client

within 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. Whenever possible, the head or other responsible member of the household with whom the client will live shall be present during the interview.

Supervision planNot later than 15 days after the initial interview of a client, the supervisor shall submit the client’s supervision plan to the officer for approval.

Contents of supervision plan

1.The reporting dates of the client.2. The plan to meet the identified needs

and problems of the client, and3. If required, the schedule and mode of

payment of the indemnification of the criminal liability or restitution.

Frequency of reporting of client

A client shall be required to report to his supervisor not less than 4 times a month during the first 6 months of the supervising program, unless during said period, the reporting frequency is reduced by the officer upon the recommendation of the supervisor.

Mandatory conditions of supervision

It shall be mandatory for the client to comply with the terms and conditions appearing in his release document. The name may not be emitted in a supervision plan.

Supervision recordThe supervisor shall keep

individual records for clients under his supervision. The supervision record shall, among others, include the following information.

1.The supervision case number of the client.

2.The date of issue and control no. of the release document and the date prescribed therein when the client shall report to the office for supervision.

3. In the proper cases,the Parole and Probation Office where

the client initially reported for instructions and the day and date he reported to said office.

4. The prison no. of the client.5. The expiration date of the prison

sentence of the client.

6. The outside travel and or transfer of residence of the client and the date thereof.

7. Infractions8. The date of final interview

9. The date of termination of supervision, and

10. Any other event or incident that materially affect supervision. The client’s prison record, release document, supervision plan and all other records pertaining to the supervision shall form part of said record.

Closing of parole supervision case

The officer shall formally close a parole supervision case upon formal receipt of any of the following document.

1. The certificate of final release and discharge of the client.

2. The order of arrest and recommitment issued by the Board against the client, and

3. The certified true copy of the death certificate of the deceased client.

Other conditionsA supervision plan shall establish such

conditions as would induce positive changes in the attitude and behavior of the client. A supervision plan may required the client to meet any of the conditions enumerated in Section 27 of the Parole Law.

Special factors considered in parole

In the grant of parole and in recommending a prisoner, the Board takes into consideration the following factors:

1. Old age provided however, that he was not yet 60 years old at the time the prisoner committed the crime.

2. Serious illness to be accompanied by a certification of a gov’t physician, and

3. Physical disability like blindness or becoming a deaf-mute or a amputee provided however that the physical disability was not already in existence at the time the offender was committed to prison.

The essence of the parole system

Parole is a non-institutional treatment of offenders, which has been universally recognized through years. It is one effective mode of rehabilitating a prisoner. While we cannot deny that there is no practical assurance that parolee/pardonee will not go to his old ways, his

conditional freedom on parole or pardon is a strong motivation for him to tread a new life, devoid of any criminal propensity. It is debatable, nonetheless, to state that not all those imprisoned are genuine criminals. The fact

is they are within the 4 walls of the penal shelter and, thus, eternally tagged as convicts even if their residence inside has ceased a long time ago

BPPRevised

Manual (2006)

Eligibility for review of a parole case

1. The prisoner is confined in prison or jail to serve an indeterminate sentence, the maximum period of which exceeds one year, pursuant to a final judgment of conviction, which has become final and executory, and

2. He has served the minimum period of said sentence.

Factors to be considered in review of parole cases

1. The degree of prisoner’s rehabilitation and his institutional behavior or conduct.

2. Previous criminal record, if any, and the risk to other persons, including the victim & witnesses & their family & friends, or the community in general, or the possibility of retaliation by the victim, his family and friends.

3. The gravity of the offense & the manner in which it was committed,& prisoner’s attitude towards the offense and his degree of remorse.

4. Evidence that the prisoner will be legitimately employed upon release, or has a place where he will reside, and

5. The age of the prisoner & the availability of after-care services for the prisoner who is old, seriously ill or suffering from a physical disability.

Grant of ParoleThe Board may grant a prisoner

parole based on reports regarding the prisoner’s work & conduct & on the study & investigation by the Board itself & it finds the following circumstances are present.

1.That the prisoner is fitted by his training release.

2.That there is a reasonable probability that, if released, he will live and remain at liberty w/o violating the law, and

3.That his release will not be incompatible with the welfare of society.

Publication of names of prisoners

Being considered for Parole.The Board shall cause the publication in a newspaper

of general circulation

the names of prisonersConvicted of heinous crimes or

those sentenced to reclusion perpetua or life sentence & whose sentence has been commuted to an indeterminate prison term and may be considered for released on parole.

Deferment of Parole when safety compromised

If, based on the report on pre-parole investigation conducted on the prisoner, there is clear and 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, his relatives, his witnesses,& the community, the released of the prisoner shall be deferred until the danger ceases.

Parole supervisionAfter release from confinement, the parolee

shall be placed under the supervision of the Probation and Parole Officer specified in the Release Document son that the former may be guided and assisted towards rehabilitation. The period of Parole supervision shall extend up to the expiration of the maximum sentence which would appear in the Released Document.

Presentation to Probation and Parole

Officer.Within the period prescribed in his

Released Document,

the parolee shall present himself to the Probation and Parole Officer specified in the Released Document for supervision. If the parolee fails to report within 45 days from the date of his release from confinement, The Probation and Parole officer shall inform the Board of such failure for the Board’s appropriate action.

Infraction/Violation of the term & conditions of the Released

Document

The Probation & Parole Officer concerned shall submit the following reports to the Board.

1. A progress report when a parolee commits another offense during the period of his parole supervision and the case filed against him has not yet been decided by the court or on the conduct of the parolee while under supervision.

2. An infraction report when the parolee has been subsequently convicted of another crime, and

A violation report when a parolee commits any violation of the terms and conditions appearing in his release Document or any serious deviation or non-observance of the obligation set forth in the parole supervision program.

Arrest of ParoleUpon receipt of an infraction report, the Board may order the arrest or recommitment of the parolee.

Effect of Recommitment of Parolee.

The parolee 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.

Extraordinary CircumstancesThe Board shall recommend to the

President the grant of executive clemency when the following extraordinary circumstances are present such that a strict application of the law will result in manifest injustice:

1. The trial court or appellate court in its decision recommend the grant of executive clemency for the prisoner.

2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed.

3. Evidence which the court failed to consider, before conviction, which would have justified an acquittal of the accused.

4. Prisoner who were over 9 years but under 18 years of age at the time of the commission of the offense.

5. Prisoners who are 70 years of age old and above who have served at least 5 years of their sentence or those whose continued imprisonment is inimical to their health as recommended by a physician of the BUCOR Hospital & certified by a physician designated by the Dep. of Health or designated Malacanang clinic Director.

6. Prisoners who suffer from serious & life threatening illness/disease or severe physical disability such as those who are totally blind,paralyzed,bedridden,etc. as recommended by a physician of the BUCOR Hospital & certified by a physician designated by the Department of Health or designated by the Malacang Clinic Director.

7. Alien prisoners where diplomatic consideration & amity among nations necessitate review,&

8. Such other similar or analogous circumstances whatsoever the interest of justice will be serve thereby.

Other CircumstancesWhen none of the extraordinary

circumstances enumerated in Section 3 exist, the Board may nonetheless review & or recommend to the President the grant of executive clemency to a prisoner upon any of the following grounds:

1. When he is suffering from severe physical disability as when he is a deaf-mute, a leper, a cripple, or is partially blind,etc. as recommended by a physician of the BUCOR Hospital & certified by a physician designated by the Dept of Health or designated by the Malacang Clinic Director.

2. When he is suffering from serious illness as recommended by a physician of the BUCOR Hospital or designated by Malacang Health Clinic Director, and

3. Such other circumstances whenever the interest of justice will be serve thereby.

ExemptionsEven with the existence of any of the

circumstances enumerated in Section 3 & 4, the Board shall not favorably recommend petitions for executive clemency of the following prisoners:

1. Those convicted of Evasion of Service Sentence.

2. Those who violated the conditions of their conditional Pardon.

3. Those who are habitual delinquents or recidivists.

4. Those convicted of Kidnapping for ransom.

5.Those convicted of violation of RA Act No.6425,as amended, otherwise known as “ The Dangerous Act of 1972”,or RA Act No. 9165,also known as “The Comprehensive Dangerous Act of 2002”, & other drug related offenses except those convicted only of use & or possession of prohibited or regulated drugs.

6. Those convicted of offenders committed under the influence of drugs.

7. Those whose release from prison would pose a threat to the public safety or would constitute a danger to society;&

8.Those suffering from dementia or insanity.

Supporting DocumentsThe Board shall submit all relevant

documents to the Office of the President along with its resolution recommending the grant of executive clemency, including the following documents:

a. A summary in matrix form of the following information about the prisoner:

b. Crime for which convicted.c. Penalty imposed.d. Actual time spent n prison not including

GCTAe. If recommended for commutation1. Recommend commuted term2. Time to be served w/o commutation3. Time to be served with commutation

f. Statement whether, convicted (prior or subsequent to conviction of crime for which executive clemency is sought) for Kidnap for Ransom or any drug related offense and previously granted executive clemency.

g. The prisoner’s carpeta,prison record,& mittimus or commitment order.

h.Copy of notice of publication of names of those being considered for executive clemency pursuant to Setion 11.

i. Pertinent minutes of the Board meetings,&j. Such other documents & certification(ex. Physician

certification, & recommendation of the DOF pertaining to foreigners recommended for executive clemency) in compliance with Section 3,4 & 8.The Office of the President shall not act upon any recommendation for executive clemency from the Board unless all supporting documents enumerated above have been submitted.

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