Unit V

Parole and The

Indeterminate Sentence Law
• Why do most convicted individuals who
availed parole or probation go back to the jail?
• Lesson 1: Parole
• Parole – is just like conditional pardon. It
refers to the conditional release of an offender
from a penal institution after he has served
the minimum period of his prison sentence. It
does not have the effect of extinguishing the
criminal liability of the convict.
• Principles of parole
• The government extends to the convicts a
privilege by releasing them from prison before
their full sentence is served.
• The government enters a release contract with
the convicts in exchange for their promise to
abide by certain conditions.
• Convicts who violate the law or the conditions of
parole can be returned to prison to complete
their sentences
• The government retains control of parolees until
they are dismissed from parole.
• Other terms to remember
• 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 appellate court, if any; certificate of non-appeal, certificate of
detention and other pertinent documents of the case.
• Parole Supervision – refers to the supervision/surveillance by Probation
and Parole Officer of a parolee
• Parolee – refers to a prisoner who is released on parole
• 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.
• Release Document – refers to the “Discharge on Parole” issued by the
Board of Pardons and Parole.
• Person Qualified for Parole
• A prisoner is qualified for parole once the inmate had
served the minimum sentence, less GCTA earned of his
indeterminate prison sentence the maximum period of which
exceeds one (1) year.
• Person Disqualified 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:
• Those sentenced to death penalty or life imprisonment;
• Those convicted of treason, or conspiracy or proposal to
commit treason or espionage;
• Those convicted of misprision of treason, rebellion, sedition or
coup d’ etat;
• Those convicted of piracy or mutiny on the high seas or
Philippine waters;
• 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 said crimes a third time or oftener;
• Those who have escaped from confinement, or evaded sentence
• Those granted with conditional pardon by the President but
violated the terms thereof
• Those whose maximum term of imprisonment does not exceed
one 1 year or those with definite sentence;
• 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
• Those convicted for violation of the laws on terrorism, plunder
and transnational crimes.”
• Rules after Grant of Parole
• Transfer of residence – A parolee may not transfer from one place of
residence designated in his release Document without the prior
written approval of the regional Director subject to confirmation of 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 the Parolee — 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.
• Reports to be accomplished by the Supervising PPO
• Progress Report – When a parolee/pardonee commits another
offense during the period of his parole surveillance, and the case
filed against him has not yet been decided by the court, a Progress
Report should be submitted by the Probation and Parole Officer to
the Board.
• Infraction Report – when the parolee has been subsequently
convicted of another crime.
• 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 obligations set forth in
the parole supervision program.
• Summary Report – after the expiration of the maximum sentence
of a parolee, the PPO concerned shall submit to the Board, through
the Chief Probation and Parole Officer, a Summary Report on his
supervision of a parolee.
Lesson 2: The Indeterminate Sentence Law
• (Act No. 4103, as amended)
Indeterminate sentence is a sentence with a
minimum term and a maximum benefit of a
guilty person, who is not disqualified therefore,
when the maximum penalty of imprisonment
exceeds one year. It applies to both violations of
the Revised Penal Code (RPC) and Special Penal
Laws (SPL).
• Application ISLAW
• Violation of the Revised Penal Code
• The court shall sentence the accused to an
indeterminate sentence the MAXIMUM TERM of which shall
be that which, in view of the attending circumstances, could be
properly imposed under the Code, and the MINIMUM TERM
which shall be within the range of the penalty next lower in
degree to that prescribed by the Code for the offense.
• The maximum is the penalty imposed as provided by law,
depending upon the attending circumstances. The minimum is
one degree next lower to the penalty prescribed for the
offense. The latter is determined without considering the
attending circumstances to the penalty prescribed, and is left to
the discretion of the court. (People v. Yco, 6545, July 27, 1954)
Example
• Offense: Robbery
• Sentence: The court may impose a sentence of 10 to 20
years. The offender must serve at least 10 years before
being eligible for parole.
• Important Considerations
• Good Conduct Time Allowance (GCTA): Offenders may
earn time off their sentence for good behavior.
• Judicial Discretion: The judge has discretion in setting the
minimum and maximum terms within the statutory limits.
• This law aims to promote rehabilitation by providing a
structured opportunity for offenders to reintegrate into
society.
• Discretion of court to fix minimum
In determining the minimum penalty, the law
obligates the courts to fix the penalties with the
widest discretion that the courts have ever had. The
determination of the minimum term is left entirely
within the discretion of the court to fix it anywhere
within the range of the penalty next lower without
reference to the periods into which it may be
subdivided. This obviously applies only for offenses
under the Revised Penal Code.
The application of the Indeterminate Sentence Law is
mandatory if the imprisonment would exceed one
year. It would be favourable to the accused. (People v.
Judge German Lee, Jr., 86859, Sept. 12, 1984)
 Unit VI
Pardon and Other forms of
Executive Clemency and
The Future of Correction
• Is pardon a form of executive
clemency?
• Section 19, Article VII of the 1987
Constitution:
• “Except in cases of impeachment or as
otherwise provided in this Constitution, the
President may grant reprieve, commutations,
and pardons, and remit fines and forfeitures,
after conviction by final judgement.
• “He shall also have the power to grant amnesty
with the concurrence of a majority of all the
members of the Congress”
Pardon, concept and definition
• Pardon is a form of executive clemency
which is exercised by the Chief Executive. It is
an act of grace and the recipient of pardon is
entitled to it is a matter of right. The exercise
of pardon is vested in the executive, is
discretionary and is not subject to review or
judicial notice by the court.
Lesson 1: Pardon
• Is the Pardoning Power of the President Absolute?
No. the Constitution itself provides for limitations to wit:
• Pardon cannot be granted in cases of impeachment
• No Pardon can be granted for violation of any
election laws, rules and regulation without the
favourable recommendation of the Commission on
Election (Section 5, Article IX (C).
• Pardon can be granted only after conviction by final
judgement.
• Pardon must yield to the Doctrine of Separation of
Powers.
• Two kinds of Pardon
“Conditional Pardon” refers to the exemption of an individual,
within certain limits or conditions, from the punishment which the
law inflicts for the offense he had committed resulting in the partial
extinction of his criminal liability;
“Absolute Pardon” refers to the total extinction of the criminal
liability of the individual to whom it is granted without any condition.
It restores to the individual his civil and political rights and remits the
penalty imposed for the particular offense of which he was convicted.
Purposes of absolute pardon
• To do away with miscarriage of justice
• To keep punishment abreast with the current philosophy, concept
or practice in the administration of justice
• To restore full political and civil rights of the persons who have
already served their sentence and have waited the prescribed
period
• To avoid political crisis or tumultuous political situation
Factors to be considered by the Board of Pardons
and Parole in recommending pardons to the
President
• In acting on petitions for pardon, the
BPP shall consider, among others, the following:
• Age of the petitioner;
• The gravity of the offense;
• The manner in which it was committed; and
• The institutional behaviour or conduct and
previous criminal record, if any of the petitioner.
• Notice to the Offended Party
• In all cases when an inmate is being
considered for executive clemency, the Board
shall notify the offended party or, in the event
that the offended party is unavailable for
comment or otherwise cannot be located, the
immediate relatives of the offended party.
Said persons shall be given thirty (30) days
from notice to comment on whether or not
executive clemency may be granted to an
inmate.
Amnesty
The act of an authority (such as a
government) by which pardon is granted to a
large group of individuals. A sovereign act of
oblivion or forgetfulness (from Greek amnestia,
“forgetfulness”) granted by a government,
especially to a group of persons who are guilty
of (usually political) crimes in the past. It is often
conditional upon the group’s return to
obedience and duty within a prescribed period.
 Pardon Amnesty
 Pardon is granted by the Chief Executive and  It is the proclamation of the Chief Executive
therefore it is a private act which must be with the concurrence of the Congress, hence it
pleaded and proved by the person pardoned is a public act which the court should take
because the courts take no notice thereof judicial notice

 It can only be granted after conviction  Amnesty can be granted before or after the
institution of the criminal prosecution and
sometimes after conviction

 It is granted to individual  Granted to classes or persons or communities

who may be guilty of political offenses
 Pardon looks backward and relieves the  Amnesty looks backward and abolishes and
offender from the consequences of an offense puts into oblivion the offense itself, it so
of which he has been convicted. It abolishes overlooks and obliterates the offense with
or forgives the punishment, and for that which he is charge that the person released by
reason it does not work the restoration of the amnesty stands before the law precisely as
rights to hold public office, or the right of though he had committed no offense
suffrage, unless such rights be expressly
restored by the terms of the pardon, and it in
no case exempts the offender from payment
of the civil indemnity imposed upon him by
the sentence
• Commutation of Sentence
A commutation of sentence is a reduction
in sentence. In a commutation of sentence, a
person is not absolved from a conviction
completely, but, his/her punishment is substituted
with a lesser punishment. For example, a death
sentence may be commuted to a sentence of
imprisonment for life.
In a commutation of sentence, there occurs a
change in a sentence or punishment. Therefore it
does not include parole, because no sentence
reduction takes place in parole.
Reprieve
The act of postponing the enforcement
of a sentence, particularly a death sentence, to
allow an appeal.
Remit fines and forfeitures
Prevents the collection of fines or the
confiscation of forfeited property; it cannot have
the effect of returning property which has been
vested in third parties or money already in the
public treasury.
Lesson 2: The Future of Correction

The Necessity of Collaboration with the

Community
To ensure public safety is the desired
outcome of the criminal justice system’s
intervention in rehabilitating offenders. For this
reason, criminal justice practitioners must find
and must continuously develop the most effective
ways in which this goal may be achieved.
 If the primary goal of community corrections is
to achieve public safety through reduced recidivism
by effectively managing offenders within the
community, then community corrections agencies
must reach out to collaborative partners. As more
comprehensive approaches to supervising offenders
are implemented in the field, enhanced
collaboration is required to provide the assistance
and additional resources necessary to promote
offender success.
 Collaboration with institutional partners is also
critically important, working with correctional
officers and institutional case managers to prepare
an offender for re-entry into the community. The
issues facing offenders upon release are numerous
and often confounding – lack of housing, drug
addiction, limited employment options, limited
education. To succeed, these needs must be
considered and a plan put in place before the
offender is released. Such barriers to successful
reintegration must be addressed through
partnerships with other practitioners, service
providers, and community agencies.
END OF DISCUSSION!!!!!