Student Handout in Non-Institutional Corrections
CA 2 – NON-INSTITUTIONAL CORRECTIONS
(COMMUNITY-BASED CORRECTIONS)
PAROLE
WHAT IS PAROLE?
A method by which a prisoner who has served a portion of his sentence is conditionally
released but remains in legal custody, the condition being that in case of misbehavior, he shall
be imprisoned.
It is the process of suspending the sentence of a convict after having served the minimum of
his sentence without granting him pardon, and the prescribing term upon which the sentence
shall be suspended.
It is the release from imprisonment, but without full restoration of liberty, as parolee is in
custody of the law although not in confinement.
DEVELOPMENT OF PAROLE
French word “PAROLE D’ HONEUR” meaning “Word of Honor”
Parole comes from the French word parole, referring to "word" as in giving one's word of
honor or promise.
It has come to mean an inmate's promise to conduct him or herself in a law-abiding manner
and according to certain rules in exchange for release.
First Parole Law was passed in Massachusetts in 1837
Parole was also featured in Irish Prison System based on an indeterminate system and the
mark system
Dr. Samuel G. Howe of Boston first man to use the word “PAROLE” in a letter to the Prison
Association of New York in 1869
Alexander Maconochie (England) introduced the “Mark System” (Progressive Human System)
to substitute for corporal punishment
Walter Crofton introduced the “Irish System” (Progressive Stage System)
Zebulon R. Brockway (Father of Prison Reform in America) used Indeterminate Sentence
compulsory which developed Parole and later spread to other part in United States of America.
LAWS AND RELATED RULES AND REGULATION ON PAROLE IN THE PHILIPPINES
1. Act No. 4103 – Indeterminate Sentence Law
An act to provide for an Indeterminate Sentence and Parole for all persons convicted of
certain crimes by the courts of the Philippine Islands; to create a Board of
Indeterminate Sentence and to provide funds therefore and for other purposes
(Approved on December 5, 1933).
2. Executive Order 83 dated January 11, 1937
The Board of Pardons and Parole is mandated to assist the President in exercising the
power of Executive Clemency.
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3. Executive Order 94 dated October 4, 1947, Section 71 “Reorganization Law of
1947”
The Board of Indeterminate Sentence
CREATION OF PAROLE SYSTEM IN THE PHILIPPINES
It came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225,
otherwise known as the Indeterminate Sentence Law, which took effect on Dec. 5, 1933.
Board of Pardons and Parole – administers the Parole system of the country
DISTINCTION BETWEEN PAROLE & PROBATION
These two concepts are sometimes used interchangeably, but there are substantial differences
between the two. Parole is a conditional release from actual confinement under sentence of
imprisonment, contingent upon future conduct with respect to terms of parole, and the parolee is
subject to future confinement for the un-served portion of sentence in the event he violates
provisions of parole.
While probation relates to action taken before prison door is closed, and before final
conviction, parole relates to action taken after the prison door has been closed, and partakes of the
nature of pardon, for it suspends execution of penalty already imposed. The following are the other
distinctions:
PAROLE PROBATION
Administrative function exercised by the It is a judicial function exercise by the
executive branch of the government (executive courts.
function)
Granted to a prisoner only after he has served Granted to an offender immediately after
the minimum of his sentence. conviction.
It is an extension of institutional. It is a It is substitute for imprisonment.
conditional release of a prisoner whereby he is Probation is an alternative to imprisonment.
placed under the supervision of a Parole Officer Instead of being confined in prison, the
after serving his minimum sentence. probationer is released to the community by
the court with conditions to follow and is
placed under the supervision of PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by parole officer Probationer supervise by probation officer
Parole is administered by the Parole Board. Probation is handled by the Probation
Administration
Parole does not restore full civil rights to parolee Probation is more beneficent because it
restores full civil rights to the probationer
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upon termination unlike parole.
It is granted more than once, depending on good Probation is enjoyed only once
behavior during imprisonment
Probation is a community-based approach to Convict must serve the minimum of his
reformation of offenders. sentence before the grant.
ADVANTAGES OF PAROLE
Parole is the release of a prisoner who agrees to certain conditions upon being released. An
advantage of parole is that:
1. It can be used to award prisoners for good behavior during their sentence.
2. Economy factors – releasing prisoners on parole can force them to get a job and no
longer be a ward of the state.
3. The thought of parole can cause prisoners to serve their sentence peacefully until they
reach the point where they can be granted parole.
4. Lessen the amount of prison fights and altercations with the guards.
5. The provision of fresh opportunity and the chance to start anew for criminals. It
is also advantageous to the public to reduce the number of people incarcerated, which can
cost tens of thousands prisoner per year. Furthermore, reducing incarceration rates is
conducive to a free, democratic society.
DISADVANTAGES OF PAROLE
1. Parole involves the risk that the parolee may become a repeat offender (known as
recidivism in the criminal justice field).
2. It also involves the risk that he won't, in fact, be able to survive on his own upon release,
and will fall victim to chronic unemployment, homelessness, social maladjustment or
substance abuse.
3. Another disadvantage of parole is that it frequently involves the continuation of
involvement by the criminal justice system (at a financial cost to the public and to the
detriment of individual liberty) in the parolee's life, because parole is often accompanied by
monitoring for a certain period thereafter.
CONSIDERATIONS FOR PAROLE
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible for the
grant of parole upon showing that:
1. He is confined in a jail or prison to serve an indeterminate prison sentence, the maximum
period of which exceeds one year, pursuant to a final judgment of conviction;
2. He has served the minimum period of said sentence less the good conduct time allowances
(GCTA) earned;
3. There is a reasonable probability that if released, he will become law-abiding; and
4. His release will not be incompatible with the interests and welfare of society.
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PRISONERS DISQUALIFIED FOR PAROLE: (Section 2, Act no. 4103)
1. Those persons convicted of offenses punished with reclusion perpetua;
2. Those convicted of treason, conspiracy or proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those who evaded sentence;
7. Those who were granted conditional pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed 1 year or are with a definite
sentence;
9. Those suffering from any mental disorder as certified by a psychiatric report of the bureau
of correction or national center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an offense committed while serving sentence.
12. 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
13. Those convicted for violation of the laws on terrorism, plunder and transnational crimes.
BOARD OF PARDONS AND PAROLE
The Board of Pardons and Parole, created by virtue of 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.
The Board undertakes the following:
1. Looks into the physical, mental and moral records of prisoners who are eligible for parole
or any form of executive clemency and determines the proper time of release of such
prisoners on parole;
2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon
with parole conditions, by way of parole supervision; and Recommends to the President of
the Philippines the grant of any form of executive clemency to prisoners other than those
entitled to parole.
Note: The Board of Pardons and Parole administers the Parole system of the country.
COMPOSITION OF THE BOARDS OF PARDON AND PAROLE
Chairman - Secretary of the DOJ
Ex-Officio - Probation Administrator of the Parole and Probation Administrator
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
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d. Person qualified for the work by training/experience
e. A member of the Philippine BAR
EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE OF 1987;
[BOOK IV/TITLE III/CHAPTER 6-BOARD OF PARDONS AND PAROLE]
CHAPTER 6
Board of Pardons and Parole
SECTION 17. Board of Pardons and Parole. —The Board of Pardons and Parole shall continue to
discharge the powers and functions as provided in existing law and such additional functions as may
be provided by law.
SECTION 18. Board Composition.—The Board shall be composed of the Secretary as Chairman and
six (6) members consisting of: The Administrator of the Parole and Probation Administration as ex-
officio member, a sociologist, a clergyman, an educator, a person with training and experience in
correction work, and a member of the Philippine Bar; Provided, that one of them is a woman. The
members of the Board shall be appointed by the President upon the recommendation of the
Secretary and shall hold office for a term of six (6) years, without prejudice to reappointment.
In case of vacancy by reason of death, incapacity, resignation or removal of any of the Board
members, the Secretary shall have the authority to designate a temporary member possessing the
qualifications of his predecessor and to serve out his unexpired term or until the President shall have
appointed a regular member to fill the vacancy.
SECTION 19. Executive Director and Board Secretary; Support Staff. —In the performance of his
duties as Chairman of the Board of Pardons and Parole, the Secretary shall be assisted by a staff
headed by the Executive Director who is at the same time the Secretary of the Board. The Executive
Director shall be appointed by the President upon the recommendation of the Secretary. The
Executive Director shall receive a monthly salary of thirteen thousand five hundred pesos.
The Board Secretary shall prepare and keep the minutes of all the board sessions in a book of
records kept for the purpose, as well as all the resolutions and recommendations of the Board on all
actions involving parole, pardons and executive clemency to the President; authenticate and/or attest
all minutes, resolutions and recommendations of the Board; prepare and serve all notices of board
meetings or sessions to the members of the Board; prepare an annual report of all resolutions and
recommendations for parole or executive clemency and other reports that the Department may
require. He shall also perform such other functions as the Board may from time to time assign to
him.
SECTION 20. Board Meetings. —The Board shall meet regularly every week, or as the Board may
direct, or upon call by the Chairman/Secretary. The members shall act only as a Board, and every
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decision of the majority shall be valid as an act of the Board provided, that the Board may direct a
Board member to prepare and submit a report involving any application for parole, pardon or any
request for executive clemency for appropriate action by the Board.
SECTION 21. Board Rules and Regulations. —The Board is hereby authorized to establish and
prescribe, subject to the approval of the Secretary, rules and regulations to govern the proceedings
of the Board.
SECTION 22. Indeterminate Sentence Law. —The provisions of Act No. 4103, otherwise known as
the Indeterminate Sentence Law, as amended, shall continue to apply except as otherwise amended,
modified or repealed by this Code.
INDETERMINATE SENTENCE LAW
Instead of imposing a “straight” penalty, the court must determine two penalties (maximum and
minimum)
PURPOSE: To uplift and redeem valuable human material, and prevent unnecessary and excessive
deprivation of liberty and economic usefulness. Penalties shall not be standardized but fitted as far as
is possible to the individual, with due regard to the imperative necessity of protecting the social order
(People v. Ducosin, 59 Phil 109).
GENERAL RULE: All persons convicted of certain crimes under Philippine courts
EXCEPTIONS (Sec. 2): Law will NOT apply to persons
1. Convicted of offense punishable with death penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquent
7. Who escaped confinement or evaded sentence or violated the terms of a conditional pardon
8. Persons already sentenced by final judgment at the time this Act was approved (Dec. 5, 1933)
APPLICATION
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX (IMPOSABLE)
1. Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary
mitigating circumstances (MC) under Art. 64 and for complex crimes under Art. 48
a. No AC or MC: Penalty PRESCRIBED medium period
b. 1 AC, no MC: Penalty PRESCRIBED maximum period
c. No AC, 1 MC: Penalty PRESCRIBED minimum period
d. Several ACs and MCs: OFFSET then apply rules to remainder
e. No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
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f. If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is a
necessary means for committing the other): Penalty for the MOST SERIOUS
CRIME maximum period
2. Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed by
the RPC, without regard to its three periods. The court has discretion to fix as the minimum
term any period of imprisonment within that penalty next lower to the penalty prescribed.
EXCEPTION: WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT follow
the aforementioned rule. Consider the privileged mitigating circumstance FIRST before any AC
or MC to get the PENALTY PRESCRIBED and then proceed as required by the rule on deriving
the minimum term. Otherwise, the maximum of the ISL will end up being lower than the
minimum of the ISL.
B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)
1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by
the special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed
by the special law
Credits:
(a) Velor Jay B. Olano, MSCrim, Ll.B., CCS, CAM
Director, Chivalry Review and Training Services
Instructor: SHERWIN H. PINALGAN, LPT, JD Mobile Number: +63 919 002 7591
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Student Handout in Non-Institutional Corrections
(b) Nolie Z. Ingcad, MSCrim
Reviewer/Lecturer, Criminology Review Center
(c) Reynaldo M. Esmeralda, M.S. Crim.
Instructor, Isabela State University
Instructor: SHERWIN H. PINALGAN, LPT, JD Mobile Number: +63 919 002 7591
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