CHAPTER 7 (PAROLE)
Definition of Terms (Sec. 2, Rules on Parole and Pardon):
1. Board refers to the Board of Pardons and Parole
2. Carpeta refers to the institutional record of an inmate which consists of his mittimus of
commitment order issued by the court after conviction, the prosecutor's information and
the decisions of the trial court and the appellate court, if any certificate of non-appeal,
certificate of detention and other pertinent documents of the case,
3. Director refers to the Director of the Bureau of Corrections
4. National inmate 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
to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding
the period of three (3) years,
5. Parole refers to the conditional release of a prisoner from a correctional institution after
he has served the minimum of his prison sentence,
6. Parole Supervision refers to the supervision/surveillance by the Probation and Parole
Officer of a Parolee
7. Parolee refers to a prisoner who is released on parole,
8. Penal Superintendent refers to the Officer-in-Charge of the New Bilibid Prison, the
Correctional Institution for Women, and the Prison and penal farms of the Bureau of
Corrections:
9. 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;
10. Probation and Parole Officer refers to the Probation and Parole Officer undertaking the
supervision of the parolee,
11. Regional Director refers to the head of the Parole and Probation Administration in the
region:
12. Release Document refers to the "Discharge on Parole" issued by the Board, and
13. Warden refers to the Officer-In-Charge of the Provincial City, Municipal or District.
Warden is also defined as the administrator in a correctional institution; also called a
Superintended
History of the Parole System
The origin of parole can be associated with the work of a number of individuals headed prisons;
they include Brockway Zebulon in the year 1867, Alexander Maconochie the year 1840, and
Water Crofton in the year 1854.
1. Brockway Zebulon runs the penitentiary in the New York,
2. Alexander Maconochie was the governor of the Norfolk Island Prison, and
3. Walter Crafton was the governor of the Irish prison. All of the contributed to the
introduction of the parole system in the prison system.
The conditional release made its first appearance in the ticket-of-leave system used by the
Australian Penal Colonies. The system was greatly improved by Alexander Maconochie (11
February 1787-25 October 1860) a Scottish naval officer, geographer, and penal reformer
considered as the "Father of Parole", and the governor of the Norfolk Island, located off coast
of Australia. He introduced the modern idea of parole when, in 1840, he was appointed
superintendent of the English penal colonies in Norfolk Island, Australia.
He developed plan to prepare them for eventual return to society that involved three grades.
The first two consistent of promotion earned through good behavior, labor, and study.
The third grade in the system involved conditional liberty outside of prison while obeying
rules. A violation would them to prison and start all over again through the ranks of the
three-grade process.
Sir Walter Crofton, the governor of the Irish prison introduced a prison structure whereby
prisoners who arrived in jail were first put under strict imprisonment, then through conditional
release, and finally freedom, the movement from one stage to another depending, on the
amount of points prisoners would earn. Crofton provided prisoners with a chance to work in the
community for a period of time prior to release. According to this concept, offenders are allowed
to work at jobs in the community and still receive the benefit of certain programs available at an
institution
Paroles in the United States were introduced by Brockway Zebulon in the year 1867 as a way
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, involves the supervision
of a criminal after serving part of jail term and the convict is allowed to live in the community
under supervision, the parole period is dependent allowed to ton the decisions made by the
board of parole, violation of parole will result into re-imprisonment of the convict.
DEFINITION AND CONCEPT OF PAROLE
Parole may have different meanings depending on the field and judiciary system. All of the
meanings originated from the French Parole (“voice”, “spoken word”). Following its use to
late-resurrected Anglo-French chivalric practice, the term became associated with the release of
prisoners based on prisoners giving their word of honor to abide certain restrictions.
Paroles are ways in which criminals are supervised in order to determine whether they are
likely to commit the same crime or any other crime during this time period; if they do commit
crime a during this period then they are sent back to prison to serve a jail term, boards of
probation and paroles are set to determine the rehabilitation level of a convict and whether the
convict is fully rehabilitated and whether he or she can live with the society without committing
crimes.
Parole is a privilege where one is eligible for parole if the prisoner receives a minimum and
maximum sentence and after serving the minimum sentence the parole board may decide to put
him or her under parole after a consideration hearing; this is in contrast with probation where it
is determined by the judge. Paroles are granted to convicts by the parole board when the
parole board feels that a certain individual who has served his minimum term is responsible and
can join the community under supervision; on the other hand, probations are imposed by the
judge as part of the sentence.
Parole as defined in the 1957 National Conference on Parole as the "method of selectively
releasing an offender from an institution prior to completion of his maximum sentence, subject to
conditions specified by the paroling authority, a method whereby society can be protected and
the offender can be provided with a continuing treatment and supervision in the community."
Parole is freedom extended to incarcerated offenders even before the expiration of his
sentence if the offender can show that he has been converted into a respectable, law-abiding
citizen. Unrepentant offenders, on the other hand, who have not made significant progress in
their treatments, can be retained until their correction is accomplished. A parolee continues to
receive treatment even when he is already outside. He remains supervised by a parole officer
from the Probation and Parole Administration who is tasked with monitoring his movements and
provides necessary assistance and support ranging from personal counseling and therapy to
help in looking for employment.
Parole in the Philippines as defined under the Board of Pardons and Parole Operational Manual
refers to the conditional release of a prisoner from a correctional institution after he has served
the minimum of his prison sentence. Parole is granted by the Board of Pardons and Parole only
when the offender has already served his minimum sentence under the Indeterminate Sentence
Law. It does not pardon the offender since he technically remains in legal custody and the
clemency only serves to suspend the execution of the penalty and temporarily release the
convict from imprisonment on conditions which he is at liberty to reject. Once the conditions
have been accepted, any violation thereof will result in the subsequent arrest and
reincarceration of the offender to serve the unserved portion of his original penalty.
ADVANTAGES OF PAROLES
There are a few distinct advantages to both the prisoner and the community when paroles are
given.
1. Behavioral Aspect Persons - who undergo the parole process are less likely to re- offend
and return to criminal behavior. Parole programs are designed to help offenders reintroduce
themselves to society. Once an offender has learned to behave in a way that is acceptable to
society he is able to continue this behavior and survive. Successful parole programs decrease
the recurrence of criminal behavior, which is beneficial to both the parolee and to society as a
whole.
2 Economy Aspect - Paroling a prisoner puts that person back on the street, making her able
to earn a living to sustain himself. The parolee is no longer a ward of the state and is dependent
upon the government's money. This is an economic advantage to the national government. The
taxpayers' money can then be routed to another area of need.
3. Incentive Aspect - Giving prisoners a chance at parole is an incentive for them. Striving to
reach parole means they are better, more well-behaved prisoners who are reaching for a goal.
They are following the rules of the prison and participating in prison programs to change their
behavior and outlooks on life in general. Prisoners with a chance for parole are able to see an
end to their sentence. This is a powerful incentive to stay out of trouble and complete various
training and educational programs. This is an advantage to both the society and the prisoner.
Distinguish Parole and Conditional Pardon
In parole, a prisoner who has served a portion of the sentence is released from jail or prison, but
remains under the custody of the State under the condition that in case of misbehavior he will
be re-imprisoned, while in conditional pardon, the pardoned prisoner does not remain under
government custody and his civil rights are restored to him wholly or in part according to the
terms of the pardon. (Domondon, Primus Pre-Bar Reviewer Division, 2009 Wrap-Up Review
Notes in Criminal Law, p. 102)
Distinguish Parole and Pardon
A prisoner is paroled only after he has served a part of his sentence while in pardon the
accused is released immediately after he has been found guilty or has pleaded guilty and before
he starts serving the sentence. (Domondon, ibid, citing U.S vs. Murray, 275 U.S. 347)
Board of Pardons And Parole (BPP)
The Board of Pardons and Parole (BPP), created by virtue of Republic Act No. 4103 (1933)
known as the Indeterminate Sentence Law, is an agency under the Department of Justice
(DOJ) tasked to uplift and redeem valuable human resources to economic usefulness and to
prevent unnecessary and excessive deprivation of personal liberty by way of parole or through
executive clemency. Under Executive Order 292, Book IV, Title II, Chapter 6, Sec. 17, the Board
of Pardons and Parole (BPP) shall continue to discharge the powers and functions as provided
in existing law and such additional functions as may be provided by law.
Composition:
The Board of Pardons and Parole is composed of the six (6) members with the Secretary of
Justice as the Chairman to be appointed by the President (with the consent of the Commission
on Appointments) for a term of 6 years.
The Board members should include a trained sociologist, a clergyman or educator, a
psychiatrist unless a trained psychiatrist be employed by the board, and the other
members shall be persons qualified for such work by training and experience, and
additional two members who are members of the Philippine Bar, and at least one
member should be a woman. (Sec. 3, R.A. 4103, as amended by R.A. 4203, approved on
June 19, 1965; Sec. 1, E.O. 1007)
Compensation: The law provides that each member of the Board, including the Chairman, shall
be entitled to receive as per diem two hundred pesos (P200.00), while the Executive Director
who shall act as Executive Secretary shall receive one hundred fifty pesos (P150.00) per diem,
for each meeting actually attended and reimbursement for actual and necessary traveling
expenses incurred in the performance of duties. Board meeting will be not more than three
(3) times a week (Sec. 4, R.A. No. 4103, as amended by R.A. No. 4203, approved on June 19,
1965; Sec. 2, E.O. 1007)
The Board undertakes the following Duties and Responsibilities (Sec. 5, R.A. 4103, as
amended):
1. Look into the physical, mental and moral records of prisoners who are eligible to parole and
to determine the proper time of release of such prisoners;
2. Authorize the release of such prisoner on parole, upon such terms and conditions as therein
prescribed and as may be prescribed by the Board;
3. Examine the records and status of prisoners who shall have been convicted of any offense
other than those named in Section 2 of R.A. 4103, and have been sentenced for more than one
year by final judgment prior to the effectivity of R.A. 4103; and
4. Make recommendations in all such cases to the President with regard to the parole of such
prisoners as they shall be deemed qualified for parole as therein provided, after they shall have
served a period of imprisonment not less than the minimum period for which they might have
been sentenced under R.A. 4103 for the same offense.
