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CA2 - Module 8

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CA2 - Module 8

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CA 2: Correctional Administration
Non-correctional Institution
Module 8
RA 4103 – Indeterminate Sentence Law
- Approved on December 5, 1933

Parole – It is the conditional release of a prisoner from correctional institution after serving the minimum sentence
period of prison sentence. Granted by BPP.

Eligibility for Review for 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;
Inmate's conviction is final and executor;
In case the inmate has one or more co-accused who have 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 the municipal, city,
district or provincial jail is justified.
A national inmate, for purposes of these Rules, 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 lone sentenced to serve two (2) or more prison sentences in the aggregate exceeding
the period of three (3) years. As amended by the Board Resolution No. 24-4-4-10 dated April 13.2010)

Disqualification for Parole - Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the
"Indeterminate Sentence Law", parole shall not be granted to the following inmates:
a. Those convicted of offences punished with death penalty or life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup de' 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 the 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 said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who have been granted conditional pardon by the President of the Philippines shall have violated any of the
terms thereof;
h. Those whose maximum terms 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. (As amended By Board
Resolution No. 24-4-4-10 dated April 3,2010)

Prepared by: Jexena C. Concepcion RCrim


__________________________________________________________________________________

Carpeta and Prison Record – Director of Warden concerned shall send the Carpeta and Prison Record to the Board 1
month prior to the date when his eligible for review.

Publication of Names of Prisoners Being Considered for Parole – Board shall cause publication in newspaper/ list
of names of paroles
Notice to Offended party – Shall be notified personally or by registered mail and given a period of 30 days from
notice
Deferment of Parole when Safety is compromised – the approval for the application of parole will be
delayed/deferred

Release – a prisoner shall be released upon the grant of parole.


Release Document
- the form shall be in the form prescribed the board
- mandatory conditions of supervision (may be modified motu proprio or upon recommendation of the PPO)
- Shall contain the latest 1x1 photograph and the right thumb of the prisoner
- Warden is the one responsible for explaining the terms and condition for parole to the prisoner

Parolee shall present himself to the Probation and Parole Officer specified in the release Document for Supervision.
- Failure to report within 15 days from the date of his release from confinement, the PPO shall inform the Board
for appropriate action.

Arrival Report – PPO shall inform and Submit the Arrival report of the Parolee to the Board

Transfer of Residence a parolee may transfer from the place of residence designated in his Release Document without
the prior written approval of either the Regional Director or the Administrator,
Subject to, the confirmation of the Board.

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

Travel Abroad and/or Work Abroad – Any parolee under active supervision/surveillance who has no pending
criminal case in any court may apply overseas work or travel abroad. However, such application for travel abroad
shall be approved by the Parole and Probation Administrator and confirmed by the Board.

Death of Parolee - if a parolee dies during parole supervision, the Probation and Parole Officer shall immediately
transmit a certified true copy of the parolee'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 parolee resides shall suffice.

Prepared by: Jexena C. Concepcion RCrim

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