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History of Parole in the Philippines

A. Legal Statues
Republic Act. No. 4103 - Otherwise known as the
“Interminate Sentence law (promulgated on December 5,
1933)

In view of executive Order 83, Series of 1937, the


Board of Indeterminate Sentence was changed to Board of
Pardons and serves as the administrative arm of the
President to grant executive clemency.
Thereafter, Executive order number 94, the
organizational act of 1947 was signed and changed finally
the board of Pardons to the Board of Pardons and Parole.
How was the Board of Pardons and Parole (BPP)
created?
Board of Indeterminate Sentence-
Act No. 4103 - Otherwise known as the Indeterminate
Sentence Law

Amended by Executive order 83, series of


1937-gave the Board the authority to advice the
Chief Executive on the course or courses of
action to take on petitions for executive
clemencies
-renamed the Board of Indeterminate
Sentence to Board of Pardons

Amended by executive order 94, otherwise known as “The Reorganization Law of 1947”
Which abolished the board of Pardons and created the
“Board of Pardons and Parole (BPP)
B. Constitutional and Statutory
Mandate
The Indeterminate Sentence Law of 1933
was further amended on June 19, 1965 by
Republic Act 4203 or AN ACT TO AMEND
SECTIONS 3 and 4 OF ACT NO. 4103, AS
AMENDED, OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW which
provided the qualification, term of office,
composition and compensation of the Board
Members.
Who gave the Probation and Parole Officers
the authority to investigate cases for Parole and
executive clemency?
1. The BPP resolved and gave the PPA- DOJ the authority to conduct
Pre-Parole and Pre- Executive Clemency Investigation.

BPP Resolution NO. 229 dated April 2, 1991 “AUTHORITY OF


REGIONAL PROBATION AND PAROLE OFFICERS to conduct
Pre-Parole Investigation

“The Board resolved as it has hereby resolved, to authorize the Parole


and Probation Administraion to conduct Pre-Parole and Executive
clemency of investigation of provincial of national prisoners confined in
city and provincial jail, the national penitentiary and penal colonies and
to submit a report of said investigation 60 days (now, within 30 days, as
amended by Board Resolution No. 24-4-10 dated of April 13, 2010)
before the expiration of the minimum sentence of the prisoner
concerned.''
2. Previously, Probation and Parole Officers were given a
sixty (60) day period to investigate cases for parole or
Executive clemency. Later on, it was reduced to thirty days.

BPP Manual 2006, as amended states that

“Sec. 8-Referral to Government Agencies- The Board in its


discretion, refer a petition for executive clemency to a
probation and parole officer who shall submit within 30
days from receipt of referral a report on the behavior,
character, antecedents, mental and physical condition of the
petitionerm and the result of the National Bureau of
Investigation records check.”
The Parole Investigation Process (Figure 2)
Director of Prisons or Warden Concerned
(Forward Carpeta and Prison Records)

BOARD

REFERRAL

PPA
-Conduct Pre-Parole Investigation (PPI)
-Submit Pre-Parole/ Investigation Report (PPIR)
-Thirty (30) days- Investigation Period
Board

GRANT DENIAL DEFER

Discharge Retention in Jail / Prison


on Parole Jail or Prison

WILL BE
PLACED
UNDERPAR
OLE
CONDITION
C. PAROLE INVESTIGATION
PROCESS:
The Director of Prisons has the responsibility
to forward the documents to the Board of Pardons
and Parole within (30) days before the expiration
of the prisoners minimum sentence.
The Municipal, city, district and provincial
jail wardens has the obligation to transmit to the
director of prisons all pertinent records of
prisoners in jails within 30 days before the
expiration of such prisoners minimum sentence.
The Director of Prisons shall submit to the board
for its consideration within 15 days after receipt of
aforestated records.
After a review of cases of qualified inmates, the board will
issue a Referral, requesting the parole and probation
administration to conduct the following within 30 days
upon receipt thereof:

a. Conduct Pre-Parole Investigation (PPI)


b. Submit Pre-Parole Investigation (PPIR)

Upon receipt of said reports, the Board shall assess


and determine whether the petitioner is qualified for parole.
If the offender deserves to enjoy the benefits of being placed
on parole, a “Release Document”or specifically known as
“Discharge on Parole” will be issued to the prisoners
temporary liberty. However, if there isca blatant proof that
an inmates release on parole will put his life and his
relatives, to risk, or endanger the life of the victim and the
community, then the release of the prisoner shall be
deferred until otherwise there will be an assurance that the
danger ceases.
If and inmate is not qualified then he/she
shall remain in jail or prison and serve the sentence
imposed by the court.

“Petition for Parole/ Executive Clemency filed by


convicted aliens who are serving sentence in the
Philippines are referred for comment and
recomendation to the Secretary of Foreign Affairs
who shall determine insofar as it is valied and
legitimate, the grant of executive clemency to a
foreigner should be done. The basis of its approval
shall be “Quid Pro Quo” or “ something for
something” (BPP Manual 2006, as amended)
The Board can always act on the case of a
national prisoner regardless of where he is
confined. However, if still confined in
Municipal, City, District and Provincial
Jails, the Warden shall issue a certification
that the continued confinement of the
prisoner in his jail is beyond his or the
prisoner control.

Take note that the Board does not take


action on prisoners who have pending cases
in court.
D. Duties of the Board upon receipt of Carpeta:

a. Look into the physical, mental and moral record


of prisoners who are eligible for parole and
determine the prescriptive period of their release;
b. Publication of names of Prisoners being
considered for parole;
c. Notify the offended party;
d. Review cases of prisoners eligible for parole or
Executive Clemency;
e. Issue referral to the Parole and Probation
Administration.
E, Eligibility for Review of a Parole Case:

Prisoners case is eligible for review if:

1. Inmate is serving an indeterminate sentence and


the maximum sentence of which exceeds 1 year;
2. He has served the minimum period of the
indeterminate sentence imposed on him.
3. Inmates convictions is final and executory.
4. Inmate has no pending criminal case.
5. Inmate is serving sentence in the national
penitentiary unless confinement in a municipal,
city, district, city and or provincial jail, is justified.
Prisoners are disqualified for a parole if:
1. Their offenses are punishable by the death
penalty, reclusion perpetua or life inprisonment;
2. They were convicted of treason, conspiracy, or
proposal to commit treason or espionage,
misprision of treason, rebellion, sedition or coup
d'etat and piracy or mutiny on the high seas or
Philippine waters;
3. They are habitual delinquents;
4. They escaped from confinement or evaded
sentence;
5. They have been granted conditional pardon by
the President of the Philippines and shall have
6. They have been sentenced to a sentence not to
exceed one year or those who have definite
sentence.
7. Those convicted of offenses punished with
reclusion perpetua or whose sentences were
reduced to reclusion perpetua by reason of
Republic Act 9346 or “An Act Prohibiting the
Imposition of the Death Penalty in the
Philippines.” enacted on June 24, 2006 amending
Republic Act 7659 Or An Act To Impose The
Death Penalty on Certain Heinous Crimes,
Amending For That Purpose The Revised Penal
Laws, As amended, Other Special Penal Laws,
And For Other Purposes.” dated on January 1,
2004.