PAROLE

PAROLE, ITS CONCEPT:

Parole is likewise one of the community-based corrections that can be availed of by the Offender whose
sentence involving Indeterminate penalty, containing minimum and maximum period governed by
Indeterminate Sentence Law (ISLAW), ACT NO. 4103 who already served the minimum term of his
imprisonment and now eligible for release on Parole if not suffering from any ground for
disqualifications.

Serving the minimum term of his imprisonment shall not entitle Offender for his immediate release from
jail or any penal institution invoking the service of sentence; but shall only make him eligible for Parole.

If offender has not been released on Parole, he shall continue to serve up to the maximum term of his
Indeterminate penalty imposed by the court, or be recommended for executive clemency, if qualified,
by way of conditional pardon, or commutation of sentence.

INDETERMINATE SENTENCE LAW (ACT No. 4103) AND ITS PURPOSE;

The basic purpose of the Indeterminate Sentence Law is to uplift and redeem valuable human material,
and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness.

It is necessary to consider the criminal, first, as an individual and second, as a member of society.

The Indeterminate Sentence Law aims individualize the administration of our criminal law to a degree
not heretofore known in these Islands. (People v. Ducosin, G.R. No. 38332, December 4, 1933).

The purpose of fixing the maximum penalty under the Indeterminate Sentence Law is to determine up
to when the convict must serve his sentence in prison. Upon serving the maximum penalty, the offender
will be released.

On the other hand, the reason in fixing the minimum is to determine when the convict will be eligible for
parole. Upon serving the minimum penalty, the offender may be released on parole.

However, his release from serving the minimum penalty is Indeterminate since the President may or
may not grant him parole. Allowing the convict to be released of parole upon serving the minimum
penalty will achieve the purpose of the Indeterminate Sentence Law.

APPLICATION ON THE IMPOSED SENTENCE:

1. Divisible penalty under the Revised Penal Code—In imposing a prison sentence for an offense
punished by the Revised Penal Code, the Court shall sentence the accused to an indeterminate

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 sentence the maximum term of which shall be that which, in view of the attending circumstances,
could be properly imposed under the rules of the said code, and the minimum term shall be within
the range of the penalty next lower to that prescribed by the Code for the offense. (Section 1 of Act
4103).

2. Penalty under Special Law—If the offense is punished by any other law, the court shall sentence
the accused to an Indeterminate sentence, the maximum of which shall not exceed the maximum
fixed by the said law, and the minimum shall not be less than the minimum term prescribed by the
same. (Section 1 of Act 4103).

3. Mandatory—The application of the Indeterminate Sentence Law is mandatory to both the

Revised Penal Code and the Special Laws. (Romero v. People, G.R. No. 171644, November 23, 2011).

COVERAGE OF THE ISLAW:

Under Section 2 of the Indeterminate Sentence Law and other related laws, the benefits of parole or
Indeterminate Sentence are not applicable to the following:

1. Those convicted of an offense of Treason, conspiracy or proposal to commit

treason, misprision of treason, rebellion or sedition, espionage, piracy, or mutiny
on the high seas or Philippine waters;
2. Habitual delinquents, or those who, within the 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, found guilty of
any of said crimes a third time or oftener; but it does not include those who are
recidivists;
3. Those who have escaped from confinement or evaded sentence. The law
contemplates confinement in prison and not in mental hospital;
4. Those who violated the terms of conditional pardon previously granted to the
prisoners;
5. Penalty of imprisonment, the maximum term of which does not exceed one year;
6. Death penalty or life imprisonment (Section 2 of Act 4103), or reclusion perpetua
(R.A. No. 9346);
7. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist (BPP Revised Rules, and Regulations);
8. Those whose conviction is on appeal (BPP Revised Rules, and Regulations);
9. Those who have pending criminal case or cases (BPP Revised Rules and
Regulations);
10. Use of trafficked victims. (Section 11 of R.A. No 9208, as amended by R.A. No.
10364).

Under the ISLAW, in imposing a “prison sentence” for an offense, the court shall sentence accused to an
Indeterminate sentence. Hence, ISLAW is not applicable in imposing non prison sentence such as
destiero
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and disqualification. ( Perlas v. People, G.R. No. 84637-39, ASugust 2, 1989); or rehabilitation for use of
dangerous drugs.

CONDITION OF PAROLE:

Every prisoner released from confinement on parole by virtue of this act shall, at such time and in such
manner as may be required by conditions of his parole, as may be designated by the said Board for such
purpose, reports personally to such government officials or other parole officers hereinafter appointed
by the Board of Indeterminate sentence for the period of surveillance equivalent to the remaining
portion of the maximum sentence imposed upon him or until final release and discharge by the Board
of indeterminate sentence as herein provided.

The officials so designated shall keep such records and make reports and perform such other duties
hereunder as may be required by the Board. The limits of residence of such paroled prisoner during his
parole may be fixed and from time to time changed by the said Board in its discretion.

If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding citizen
and shall not violate any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may
issue a final certificate of release in his favor, which shall entitle him to final release and discharge.
(Section 6 of Act 4103).

REVIEW OF CASES FOR PAROLE:

Unless otherwise disqualified by law or rules, a case for parole of a prisoner shall be reviewed upon
showing that his confined in prison or jail to serve and 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.

FILING OF PETITION FOR PAROLE:

Petition for Parole shall be addressed to the Chairman or to the Executive Director of the Board of
Pardons and Parole.

It shall be initiated by the Director or the Warden of the concerned Agency by transmitting prisoner’s
carpeta and prison records for consideration by the Board, at least one (1) month prior to the date when
his case shall be eligible for review.

GRANT OF PAROLE:

A prisoner may be granted parole whenever the Board finds that thereis a reasonable probability that if
released, he will be law-abiding and this his release will not be incompatible with the interest and
welfare of society.
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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.

BOARD OF PARDONS AND PAROLE (BPP):

The Board was created pursuant to the mandate of the law, Act 4103, and is vested by law to exercise
the following Board Actions:

1. It can grant parole to a qualified offender after the minimum term of his
indeterminate sentence has been served;
2. It can also grant Parole to prisoner who is an alien;
3. It can modify any of the terms and conditions appearing in the Release Document;
4. It shall limit the residence where the parolee should stay during the period of his
parole and can only be changed upon knowledge and approval by the Regional
Director of the PPA, subject to the confirmation by the Board;
5. It can order arrest if conditions have been violated and recommit offender to
prison or jail;
6. It can issue certificate of final release and discharge;
7. It can recommend to the President for the grant of executive clemency, pardons
and commutation of service.

DOCUMENTS TO BE CONSIDERED FOR THE GRANT OF PAROLE:

The Carpeta and the prison records of the prisoner and other relevant documents shall be considered by
the Board in deciding whether or not to grant parole, such as:

a. The mittimus of commitment order;

b. Prosecutor’s Information;
c. Trial/Appellate Court’s decision of the case.

FACTORS TO BE CONSIDERED IN PETITION FOR PAROLE:

The following factors may be considered by the Board in the grant of parole:

a. The age of the petitioner, the gravity of the offense and the manner in which it was
committed, the institutional behavior or conduct and previous criminal record, if any;
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b. Evidence that petitioner will be legitimately employed upon release;

c. A showing that the petitioner has a place where he will reside’
d. Availability of after-care services for the petitioner who is old, seriously ill or suffering from a
physical disability;
e. Attitude towards the offense and the degree of the remorse; and
f. The risk to other persons, including the victims, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and friends.

OFFENDERS ELIGIBLE FOR PAROLE:

The individual record of the inmates’ carpeta must be reviewed to determine their eligibility and to be
processed for possible grant of release on parole. Such records must comply the following requirements:

1. The sentence must impose Indeterminate penalty of minimum and maximum

period provided that the maximum period must exceed one year and the same
must be final and executory;
2. The minimum period of the indeterminate penalty has already been served;
3. There must be no other pending criminal cases;
4. It must be committed or serving sentence at National prison or penitentiary, or for
some valid causes beyond the control of the prisoner, in other local jails;

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 recommendation by the Parole Officer, revise, modify the terms and conditions
appearing in the Release Document.

INFRACTION/VIOLATION OF THE TERMS AND CONDITIONS OF THE RELEASE DOCUMENT:

Progress Report shall be submitted by the Parole Officer to the Board if the parolee during the period of
his parole surveillance committed another offense but not yet decided by the court.

Once decided by the court and he was found guilty, an Infraction Report shall be submitted to the Board
by the Parole Officer.

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ARREST OF THE CLIENT:

Upon receipt of the Infraction Report, the Board may order the arrest or recommitment of the client.

EFFECT OF RECOMMITMENT:

The client who was recommitted 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:

The Board may cancel the grant of parole if it finds that material information given either before or after
release, was false, or incomplete or that the client 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.

TERMINATION OF PAROLE SUPERVISION:

The Board shall issue a Certificate of Final Release and Discharge, if upon recommendation by the Parole
Officer, the client has substantially complied with all the conditions of his parole, after expiration of his
maximum sentence.

However, even before the expiration of his maximum sentence and upon recommendation by the
Parole Officer, the Board may issue the said Certificate of Final Release and Discharge pursuant to the
provision of Section 6 of Act No. 4301, as amended. 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 issuance of Certificate of Final Release and Discharge, the Parolee shall be finally released and
discharged from the conditions appearing in his release document.

However, the accessory penalties of the law which have not been expressly remitted therein shall
subsist.

END OF THE MANUSCRIPT ON PAROLE (ACT 4103, AS AMENDED)

J/DIRECTOR ROMEO L OGOY, TLPE (Ret.)

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