LEA

1. • It is a procedure by which the prisoners
are selected for release on the basis of
individual response and progress within
the correctional institution and a service
by which they are provided with
necessary control and guidance as they
serve the remainder of their sentences
within the community
PAROLE

2. • Parole in US History- New York
became the first state to adopt a
comprehensive parole system in
1907
Today the board of
pardon and parole
defined parole as
conditional release of a
prisoner from
correctional institution,
after serving the
minimum period of his
indeterminate sentence.
Note the first Parole law
affecting adult offender
was passed in Ohio in
1884

3. • The best type of parole granting agency is the
full time central independent board in some
jurisdiction including the Philippines the
parole granting agency is a part time board
.efficient administration can not be expected
from a part time agency no matter how
sacrificing the members are because they are
themselves burdened with their own
personal or official problems if they
employed elsewhere they do not have
sufficient time to study individual cases for
parole .
PAROL ADMINISTRATION
Granting agencies
Generally there are three
types of agencies granting
parole :
1. The institutional
boards
2. Chief executive
3. The centralized
board

4. • 1) Manipulative techniques
• are the ways of helping parole by altering his
environmental conditions so as to bring out
satisfactory social adjustment in the individual
.
• 2) Executive techniques
• This is the method of helping paroles by which
the parole office performs referral service .
CASE WORK
TECHNIQUES
1. Manipulative
techniques
2. The executives
technique
3. The guidance
,counseling and
leadership techniques

5. • 3) The guidance,counseling and
leadership techniques
• These techniques require the parole
officer must be well versed with the
science of human behavior .he
should know the motivation which
cause the person to react the way he
did under certain situations ,he
should try to determine what caused
his ward to follow a certain cause of
action .he should attempt to
influence and guide his clients into
solving their problems
1. Manipulative techniques-
ALTERING ENVIRONMENT
2. The executives technique-
REFERAL SYSTEM
3. The guidance ,counseling and
leadership techniques- VERSED WITH
SCIENCE OF HUMAN BEHAVIOR

6. 19th century two prisons administrator in Europe
contributed to the development of parole ,namely
colonel Manuel Montesinos of Spain and George
Michael Obermair of munich Germany .Montesinos
encourage vocational training and educations while
Obermair set up industrial shops in his prison and
assigned trusted prisoners as their superintendent
HISTORICAL BACKGORUND

7. • ,moreover in 1840 ,captain
alexander Macanochie who
served as the penal
superintendent at norfok
Island colony in Australia
introduced the use of ticket of
leave or conditional released
as equivalent to parole .
TICKET OF LEAVE

8. Note : Macanochie is
known as the father of
parole
Although parole originated
in Europe ,it developed
faster in the United states
Dr. S.G. Howe of Bostons
was the first man who used
the word parole

9. • HISTORY OF PAROLE IN THE PHILIPPINES
• LEGAL STATUTES
• Act no 4103 otherwise known as the
indeterminate sentence law (promulgated
on December 5 1933)
In 1869 some Americans prison
reformers went to Ireland to observe
its prison system that was instituted
by sir Walter Crofton upon their
return to the United states ,they
pushed for the approval of the law
,creating the Elmira reformatory in
New York ,which was inaugurated in
1876 .this is famous institution is the
forerunners of parole in the United
states

10. • serve As the administrative arm of
the president to grant executive
clemency thereafter ,executive order
no 94 ,the organizational act of 1947
was signed and changed finally the
board of pardons to the board of
pardon and Parole
• How was the board of pardon and
parole (BPP) created
In view of act no 4103 ,the
board of indeterminate
sentence was created .in
view of executive order 83
,series of 1937 the board of
indeterminate sentence
was changed to board of
pardon and parole

11. • Amended by executive order 83 ,series of
1937 gave the board the authority to advice
the chief executive on the course or course of
action to take on petition for executive
clemencies
• Renamed the board of indeterminate
sentence to board of pardons
Board of
indeterminate
sentence
Act no 4103 –
otherwise known as
the indeterminate
sentence law

12. • PAROLE AND PROBATION
ADMINISTRATION ORGANIZATIONAL SET
UP
• 1: The administration shall be headed by
administrator .who shall be immediately
assisted by a deputy administrator. The
administrator and deputy administrator
shall be appointed by the President of the
Philippines
Amended by executive
order no 94 ,otherwise
known as
The reorganization law
of 1947
Which abolished the board
of pardons and created the
board of pardons and
Parole (BPP)

13. • 2: the administration shall have a technical
service under the office of the administrator
which shall serve as the service arm of the
board of pardons and Parole in the supervision
of Parolees and pardonees
• The board and the administration shall
jointly determine the staff complement of the
technical service
The appointees to the
position of administrator
and deputy administrator
must be holder of a
doctoral degree /masteral
degree in public
administration and/or a
lawyers with at least one
year of supervisory
experience in probation
work.

14. • The Regional ,Provincial and City offices
of the administration shall each be
headed by a Regional Probation and
Parole Officer, Provincial /City Probation
and Parole officer, respectively, all of
whom shall be appointed by the
secretary upon recommendation of the
administrator
3: the administration shall
likewise continue to
operate and maintain
Regional Office in each of
the administrative Region
including the National
Capital region and also
probation and Parole office
in every province and city
of the country.

15. • The provincial or City Probation and Parole
Officers shall be assisted by such field assistants
.and subordinate personnel as may be
necessary to enable them to carry out their
duties and function .For this purpose ,the
administrator may appoint citizens of good
repute and probity to act as Probation and
Parole aides who shall not receive any regular
compensation for their services except
reasonable travel allowance

16. Offender serves part of the
sentence in prison before he is
released
Convicted offender does not need
to go to prison
Is an administrative function It is a judicial function
Is an extension of institutional
treatment
Substitute for imprisonment
Granted by BPP Granted by the Judge
Parolee is supervised by the parole
officer
Probationer is supervised by the
probation officer
DIFFERENCE
BETWEEN
PAROLE AND
PROBATION
Parole Probation

17. • thus giving him the opportunity to gradually
assume the responsibilities of a freeman .Both
releases subject to the same set of condition ,a
violation of any of such conditions will subject
the parolee or pardonee to be recommitted to
prison. The only difference between the two is
the is the granting authority . In Parole the
granting authority is the board of Pardon and
Parole .while in conditional Pardon the
granting authority is the President
CONDITIONAL PARDON
DISTINGUISHED FROM PAROLE
The purpose of conditional
pardon and parole is the same
–the released of a prisoner who
is already reformed in order
that he can continue to serve
his sentence outside of the
institution ,

18. • COMPOSITION OF THE BOARD OF PARDON AND
PAROLE
• The BPP are composed of 7 members all appointed
by the President of the Philippines with the:
• 1. secretary of justice - chairman
• 2. sociologist - member
• 3. clergyman - member
• 4. Penologist - member
• 5. Educator - member
• 6. Lawyer - member
• 7. At least one woman - member
THE BOARD OF PARDON AND
PAROLE
The board of pardon and parole is
the administrative arm of the
President of the Philippines in the
exercise of his constitutional
power to grant ,except in cases of
impeachment ,reprieves
,commutation and pardon after
conviction by final judgment

19. • 1) those convicted of an offense punished
with death penalty, reclusion perpetua or life
imprisonment;
• 2) those convicted of treason, conspiracy or
proposal to commit treason or espionage;
• 3) those convicted of piracy or mutiny on
high seas or Philippine waters;
REVISED RULES AND
REGULATIONS OF THE
BOARD OF PARDON AND
PAROLE
DISQUALIFICATION FOR
PAROLE
Section 2, Act 4103
provides that parole shall
not be granted to the
following prisoners:

20. • 5) those who escaped from confinement or
evaded sentence;
• 6) those who having been granted
conditional pardon by the President of the
Philippines shall violate any of the terms
thereof;
• 7) those whose maximum term of
imprisonment does not exceed one year or
those with definite sentence;
• 8) those suffering from any mental disorder
as certified by a government
psychiatrist/psychologist:
4) 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 of the said
crimes a third time or
oftener.

21. • NATIONAL PRISONERS
• A national prisoners ,for the purpose of these Rules ,is
one who is sentenced to
• 1. a maximum term of imprisonment of more
• than 3 years or
• 2. fine of more than five thousand pesos or
• 3. one sentenced for violation of custom law or.
• 4. Other law within the jurisdiction of the
• Bureau of customs or enforceable by it or
• 5. To one sentenced to serve two or more
prison sentences in the aggregate
exceeding the period of three years
9) those whose conviction is
on appeal or has not yet become
final and executory;
10) those who have pending
criminal cases;
11) those national prisoners
serving sentence in a
municipal, city, district or
provincial jail unless the
confinement is in good
condition

22. • 3) Administration – refers to parole
and probation administration
• 4) Administrator refers to the
administrator of parole and probation
administration
• 5) Probation and Parole officers refers
to the probation and Parole officer
undertaking the supervision of the
client
DEFINITION OF TERM
1, Board -refers to
board of pardon and
parole
2, Executive director- refers
to the
executive director
/secretary of the
board

23. • 7) Director –refers to the director of bureau
of corrections.
• 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) Warden – refers to the officer in charged of
the provincial ,city municipal or district jail
• 10) Parole- refers to the conditional release of
prisoner from a correctional institution after he
serve the minimum of his prison sentence
6) Carpeta- refers to
institutional record of an inmate
which consist of his mitimmus
or commitment order issued by
the court after conviction the
prosecutor information and the
decision of the trial courts and
appellate courts ,if any
certificate of non appeal
,certificate of detention and
other pertinent documents

24. • 12) Absolute pardon – refers to 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 remit the penalty
imposed for the particular offense of which he
was convicted
• 13) Conditional pardon: refers to the
exemption of an individual ,within certain
limits or condition ,from the punishment
which the law inflicts for the offense he had
committed resulting in the partial extinction
of his criminal liability
11) Executive clemency –
refers to reprieve ,absolute
pardon ,conditional pardon
with or without parole
conditions ,and
commutation of sentence
as may be granted by the
president of the Philippines

25. • 16) Clients refers to a parolee /pardonee who
is place under supervision of a probation and
parole officer
• 17) Petitioner refers to the prisoner who
applies for the grant of executive clemency or
parole
• 18) Parole supervision – refers to the
supervision /surveillance by the probation and
parole officers of a parolee.
• 19) Parolee- refers to a prisoner who is
released on parole
14) Commutation of
sentence – refers to the
reduction of the duration of a
prison sentence of a prisoner .
15) Reprieve refers to the
deferment of the
implementation of the sentence
for an interval of time it does not
annul the sentence but merely
postpones or suspends its
execution

26. • 22) Regional director-refer to the head of
the probation and parole administration
in Region .
• 23) Released document refers to the
discharged of on parole issued by the
board.
• 24) Summary report refers to the final
report submitted by the probation and
Parole officer on his supervision of a
parolee /pardonee as basis for the latters
final release and discharge .
20) Pardonee refers to a
prisoner who is release on
conditional pardon
21) Prison record- refers
to information concerning
an inmates ‘s personnal
circumstances ,the offense
he committed ,the sentence
imposed in the trial and
appellate courts.

27. • 26) Infraction report refers of the report submitted
by the probation and parole officer violations
committed by a parolee /pardonee of the conditions
of his release on parole or conditional pardon while
under supervision
25) Progress report
refers to the report
submitted by the
probation and parole
officer on the conduct
of the parolee
/pardonee while
under supervision

28. • The President of the Philippines
• Thru : chairman
• Board of pardon and parole
• DOJ agencies BLDG .NIA Road cor ,East avenue
• Diliman Queson City
• Petition for parole shall be addressed to the chairman
or to the executive director of the board
• However ,the board may motu propio ,consider cases
for parole ,commutation of sentence or conditional
pardon of deserving prisoners whenever the interest
of justice will be served thereby
PETITION FOR EXECUTIVE
CLEMENCY
SECTION 5. Filing of petition
– a formal petition for
executive clemency
addressed as follows shall
be submitted to the board
before the question of said
clemency will be considered

29. • 3. At least (12) years for prisoners whose sentence
were adjusted to a definite prison term of forty (40)
years in accordance with the provision of article 70 of
the Revised penal code
• 4. At least (15) years for prisoners convicted of
heinous crime as defined in republic Act No 7659 and
other special laws committed on or after January 1
.1994 and sentenced to one or more Reclusion
Perpetua or life imprisonment
• 5. At least 20 years in case of one or more death
penalty /penalties which was /were automatically
reduced or committed to one (1) or more reclusion
perpetua or life imprisonment
for Commutation of sentence
1. The prisoner shall have
served at least 1/3 of the
minimum of his indeterminate
sentence and /or definite
sentences
2. At least ten (10) years
for prisoners sentenced to
reclusion perpetua or life
imprisonment for crimes or
offenses committed before
January 1,1994

30. • Section 11: Prisoners not eligible for executive
clemency –Prisoners who escaped or evaded service
of sentence are not eligible for executive clemency for
a period of one year from the date or their last
recommitment to prison or conviction for evasion of
service of sentence
B: for conditional pardon ,the
prisoner shall have served at least
one half (1/2) of the minimum of his
original indeterminate and/or
definite sentence ,however ,in the
case of a prisoner who is convicted
of heinous crime as defined in
republic act no 7659 and other
special laws he shall have served at
least ½ of the maximum of his
original indeterminate sentence
before his case may be reviewed for
conditional pardon

31. • Section 14 grant of parole – a
prisoner may be granted parole
whenever the board finds that
there is a reasonable probability
that if released, he will be a law
abiding and that his release will
not be incompatible with the
interest and welfare of society
•
SECTION 13 :Review of cases of
parole : Unless otherwise
disqualified under section 15 of
these rules ,a case for parole of a
prisoner shall be reviewed upon
showing that he is confined in jail
or prison to serve an
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

32. • c) Those convicted of misprision of
treason ,rebellion sedition or coup d 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 the period of ten
(10) years from the date release from
prison or last conviction of the crime of
serious or less serious physical injuries
,robbery ,theft ,estafa and falsification of
any of said crime a third time or oftener
• f) Those who escape from confinement
or evaded the service of sentence
Section 15; Disqualification for
parole – the following prisoners
shall not be granted parole
a) Those convicted of an
offense punished with death
penalty, reclusion perpetua ,or life
imprisonment
b) Those convicted of
treason, conspiracy or proposal to
commit treason or espionage

33. • Section 16. deferment of parole when safety of
prisoner /victim/relatives of victim/ witness
compromised- based on 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 of ,safety
and well being of the victim ,his relatives,his
witness and the community,the release of the
prisoner shall be deferred until the danger
ceases .
g) Those who were granted
conditional pardon and violated
any of the terms thereof
h) Those whose maximum
term of imprisonment does not
exceed one (1) year or those with
definite sentence
i) Those suffering from any
mental disorder as certified by a
government psychiatrist
/psychologist
j) Those whose conviction is
on appeal
k) Those who have pending
criminal case

34. • The board or its authorized representative shall
interview an inmate who was sentenced to reclusion
perpetua or life imprisonment or whose sentence had
been commuted from death to reclusion pepretua
• Before an interview ,the board may require a prisoner
convicted of a heinous crime as defined under republic
act No 7659 and other special law to undergo
psychological .psychiatric examination if the prisoner
has a history of mental disability or in any case if the
board finds a need for such examination in the light of
the nature of the offense committed of its commission
V :PROCEEDING OF THE BOARD
Section 17: Interview of
prisoners- Any board member
or government official
authorized by the board may
interview prisoners confined in
pris0n or jail to determine
whether or not they may be
released on parole or
recommended for executive
clemency

35. • Section 25: Board action:
• A majority of the members of the board
constituting a quorum shall be necessary to
recommend the grant of executive clemency
or to grant parole ;to modify any of the terms
and condition appearing in a release
document ,to order the arrest and
recommitment of a parolee /pardonee and to
issue certificate of final release and discharge
to a parolee /pardonee
section 23.meetings ; the
board shall meet in
executive section
regularly or upon the call
of the chairman .
section 24: Quorum : a
majority of all the
members of the board
shall constitute a
quorum.

36. • Section 29; TRANSMITTAL OF RELEASED
DOCUMENT
• The board shall send a copy of the Release
document to the prisoner through the
director of corrections or Warden of the jail
where he is confined .on the date of actual
release of the prisoner ,the director or
warden concerned shall send a certification
of said release to the probation and Parole
officers specified in the Release Document.
Section 28; RELEASED, FORM OF
RELEASE DOCUMENT
A prisoner shall be released
upon the grant of parole .such
grant of parole shall be
evidenced by the released
document ,which shall be in the
form prescribed by the board
and shall contain the latest 1’X
1” photograph and right
thumbprint

37. • If the parolee fails to report within forty (45)
days from the date of his release from
confinement ,the probation and parole officer
shall inform the board of such failure for the
boards appropriate action
• Section 31; ARRIVAL REPORT
• Within 15 working days from the date when the
parolee reported for supervision ,the probation
and parole officer concerned shall inform the
board through the technical service of the
Probation and parole administration of such
fact
Section 30; initial report
Within the period of
prescribed in his release
document ,the Parolee shall
present himself to the
probation and parole officer
specified in the released
documents for supervision

38. • Section 33: Review and modification of
conditions
• review and modification of parole
condition : The board may,motu propio
or upon recommendation of the
probation and parole administration
,revise or modify and terms condition
appearing in the released documents
Section32;
MANDATORY
CONDITION
It shall be mandatory
for a parolee to
comply with the terms
and condition
appearing in the
release documents

39. • Section 35; OUTSIDE TRAVEL
• A chief probation and parole officer
may authorize a parolee 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 .
Section 34; TRANSFER OF
RESIDENCE
A parolee may not transfer
from the place of residence
designated in his released
documents without the
prior written approval of the
Regional director subject to
confirmation of the board

40. • Section 37: DEATH OF CLIENT
• If a parolee dies during the 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 resided ,shall suffice
Section 36: TRAVEL ABROAD
AND/OR WORK ABROAD
Any parolee 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

41. • 2) Infraction report- when the parolee has
been subsequently convicted of another
crime
• 3) A violation report - when a parolee
commits any violation of the terms and
condition appearing in his release document
or any serious deviation or non observance
of the obligation set forth in the parole
supervision program .
INFRACTION /VIOLATION OF
THE TERMS AND CONDITION
OF TTHE RELEASE
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

42. • SECTION 41; 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
SECTION 40 ARREST
OF CLIENT
Upon receipt of an
infraction report the
board may order the
arrest or
recommitment of the
parolee

43. •is not subject to review by the
courts ,neither does the
legislative branch of the
government have the right to
establish conditions nor provide
procedures for the exercise of
clemency
Form of executive clemency
1. Pardon
Is a form of executive clemency
which exercises by the chief
executive ,it is an act of grace
and the recipient of pardon is
not entitled to it as a matter of
right the exercise of pardon is
vested in the executive ,is
discretionary and

44. HISTORY OF PARDON
The exercise of pardoning power
has always been vested with in
the hands of executive branch of
the government ,whether king,
,Queen, President or Governor
.Pardon dates back at the pre
Christian era .in fact the bible
contain an allusion where a
criminal was released and
pardoned by the king at the time
Christ was crucified .

45. • In the Philippines, the pardoning power is vested in the President
• Except in cases of impeachment ,or reprieves or as otherwise
provided in the constitution ,the President may grant reprieves,
commutations, and pardons ,and remit fines and forfeiture ,after
conviction by final judgment .he shall also have the power to
grant amnesty with the concurrence of a majority of all members
of the congress

46. • Purpose of absolute pardon
• 1. to do away with the miscarriage of justice
• 2. to keep abreast with the current
Philosophy ,concept or practice of criminal
justice administration
• 3. to restore full political and civil rights of
persons who have who have already served
their sentence and have waited the prescribed
period .
Different kinds of pardon
1. absolute pardon –
refers to the total
extinction of the criminal
liability of the individual to
whom it is granted without
any condition .it restore to
the individual his civil and
political rights and remit
the penalty imposed for
the particular offense of
which he was convicted

47. • limitation on the pardoning power
• the power of the chief executive to grant
pardon is limited to the following
• 1. pardon cannot be extended to cases of
impeachment
• 2. No pardon ,parole or suspension of
sentence for the violation of any election law
ma be granted without favorable
recommendation of the commission on
election
• 3. Pardon is exercise only after conviction
Effects of absolute pardon
absolute pardon does not work to
restore the right to hold public
office or the right of suffrage
,unless such rights are expressly
restored by the terms of the
pardon a does not exempt the
offender from the payment civil
indemnity imposed upon him by
the sentence absolute pardon
totally extinguishes the criminal
liability but not the right of the
offended party to enforce the civil
liability against the offender

48. • A conditional pardon is in the nature of a
contract between the chief executive and the
convicted criminal ,the convict consent to the
term stipulated in the contract ,the convict has
placed himself under supervision of the chief
executive or his delegate who is duty bound to
see to it that the convict complies with the
conditions of pardon
2. conditional pardon
refers to the exemption of
an individual ,within certain
limits or condition ,from
punishment the law inflict
for the crime he has
committed Resulting in the
partial extinction of the
criminal liability

49. Reprieve- is the temporary stay of
the execution of sentence .like
pardon ,reprieve can only be
exercised by the president when
the sentence has become final
.generally reprieve is extended to
death penalty prisoners .the date
of the execution of sentence is
set back several days to enable
the chief executive to study the
petition of the condemned man
for computation

50. •Amnesty – is an act of grace
given with the concurrence of
congress .it is usually extended
to groups of person who
committed political offenses .it
abolishes the offense itself.

51. • 2. Proclamation No 76 – this was
issued by president Elpidio Quirino
on June 21,1948 ,extending
amnesty to leaders of Hukbalahap
and Pambansang kaisahan ng mga
magbubukid ,the amnesty applies
to crime of rebellion,sedition
,illegal association ,assault,
resistance and disobedience to
person in authority and illegal
possession of firearm
Some of the proclamation
of amnesty are as fallows
1. Proclamation no 51 –
this proclamation was
issued by the late President
Manuel Roxas on January 28
1948 granting amnesty to
those who collaborated to
with the enemy during
world war 11

52. • Purposes of commutation
• Some of the common uses of commutation
are the following
• 1. To break the rigidity of the law
• 2. To extend parole to case where parole
law does not apply
• 3. To save the life of person sentence to
death
commutation –
is an act of clemency by which
an executive act changes a
heavier sentence to a less
serious one or a long term to a
shorter term .it may alter death
or life sentence to a term of
years ,commutation does not
forgive the offender but mere ly
reduces the penalty of life
sentence for a term of years