CHAPTER I

CORRECTIONS: AN OVERVIEW

INTRODUCTION

During the early times, punishments for crimes were too harsh. Most
infractions would often result in imprisonment as it was considered to be one of the
most effective forms of correction. However, as societal conditions developed together
with the introduction of more liberal ideas, humane correctional measures were
introduced to minimize the burden on the state as well as on the offenders themselves.
Consequently, conditional pardon was introduced and subsequently, this paved the
way for other modes of temporary liberty for qualified first-time offenders
In the Philippines, the prospect of confinement or incarceration tortures the
minds of first time offenders.
Thirty Six (36) years ago, Presidential Decree (P.D). 968 or otherwise known as
the Adult Probation Law of 1976 was enacted through the efforts of the late
Congressman Teodulo C. Natividad of Bulacan and signed into law by then President
Ferdinand E. Marcos.
The Adult Probation Law of 1976 is viewed as one of the best accomplishments
during the Martial Law years. It opened the gates of hope for those who were convicted
for the first time. Instead of incarceration, many convicted individuals were placed
under a community-based rehabilitation program and were given chances to mend
their wrongdoings.
As provided under Republic Act 4103 or the Indeterminate Sentence Law,
the prisoner may qualify for release on parole upon service of his minimum sentence.
For those who have been meted out the sentence of reclusion perpetua or life
imprisonment, the prisoner may apply for Executive Clemency, specifically for a
Commutation of Sentence or Conditional Pardon with parole conditions. Under the
commuted sentence, the prisoner may qualify for release on parole.
The grant of probation, parole and conditional pardon with parole conditions is
collectively called 'community-based correctional programs that necessitates the
formulation of 'Rehabilitation Programs of these convicted individuals who need to live
lawful and productive lives.
Filipinos should be aware that once a person is convicted; there are still ways
on how to get out from prison and a chance to start life anew through community-
based corrections. This means that a convicted offender who possesses the
qualifications prescribed by law and has the sincere desire to mend his/her ways,
community- based corrections measures may be implemented. He can apply for
probation (an alternative to imprisonment), be qualified for parole (to qualify for
parole, the offender must have served first the minimum sentence) and or Executive
Clemency (its various forms fall under the acronym ACCRA-Absolute Pardon,
Conditional Pardon, Commutation of Sentence, Reprieve and Amnesty)."
 The Corrections Pillar is the state's response to separate criminal offenders from
the general public for the latter's protection. Snarr notes that "corrections is the
systematic and organized efforts directed by a society that attempt to punish
offenders, protect the public from offenders, change offenders behavior, and if
possible, compensate the victims".
In the Philippines today, the Corrections Pillar may either be Institution-based
or Non-Institution-Based also known as Community-Based. Either way, the goals of
corrections rehabilitation and the reformation of the offender intend to help him re-
enter society and become a law-abiding as well as productive member.
THE FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM ARE:
1. Law Enforcement
2. Prosecution
3. Courts
4. CORRECTIONS - either Institution Based or Non- - Institution Based
Corrections
5. Community
The Law Enforcement Pillar is responsible for apprehending law violators. It
enforces the law with due diligence and justice for public interest.
Should a valid ground exist; a case may be raised in the Prosecution Pillar to
determine whether or not there is probable cause that a crime was indeed committed.
Should there be none, then it shall be dismissed. However, if there is a probable
cause, the case will be elevated to the Court for trial and proper disposition.
The Court has the jurisdiction to try the case and determine responsibility to
determine whether or not there is proof beyond reasonable doubt that the accused
indeed committed an illegal act. Should there be sufficient evidence to convict the
accused being charged of an offense, then the court shall make him accountable for
his crime. Otherwise, the accused shall be acquitted..
After conviction by the court, the accused enters the Corrections Pillar. If the
penalty is imprisonment of six (6) years and below, and if the accused possesses all
the qualifications and none of the disqualification as enumerated in PD 968, he may
avail himself of probation and serve the terms and conditions thereof in the
Community.
If the penalty is below three (3) years, he should serve his penalty at the
Municipal, City, District and Provincial Jails. One has to serve his/her sentence at the
National Prisons and Penal Farms if the prisoner's sentence is an imprisonment of
more than three (3) years.

MEANING OF CORRECTIONS:
CORRECTIONS
 - It is one of the Pillars of the Criminal Justice System which undertakes the
reformation and rehabilitation of offenders for their eventual absorption into the social
and economic streams of the community through institutional or Community-based
program.
- It is the 4 Pillar of the Criminal Justice System which is tasked to rehabilitate
and reform penitent offenders. It is derived from the root word "correct" which simply
means to make right or change from wrong to right.
CORRECTIONS, as its root word 'correct' implies, focuses on correcting a problem or
series of problems in the society. It refers to a broad category of activities ranging from
incarceration of offenders, to assisting ex-offenders in securing employment if
possible.
How are we to carry out corrections and rectify faults if an offender has already
been convicted? Answer: Through the implementation of institution-based and
non-institution-based corrections.
INSTITUTION-BASED AND NON-INSTITUTION-BASED CORRECTIONS:
1. INSTITUTION-BASED CORRECTIONS
Institution-based Corrections refers to the means of correcting an individual by
placing him/her to an institution or place where he/she can be treated well until
he/she becomes fully recovered and accepted by the community.
If an accused has been involved in several forms of offenses and may therefore
be a risk to the community, then he deserves to be incarcerated and corrected inside
the jail rather than to enjoy the benefits of a community-based rehabilitation program.
The jail and the prison are both institutions; therefore when the accused is placed to
serve his sentence inside the jail or prison, Institution-Based Corrections is being
implemented."
Government Entity/Agencies that handle Institutional
Corrections:

 The Bureau of Jail Management and Penology (BJMP) under the Department of
Local and Interior Local Government;
 Local Government Units - Provincial Jails which are under the supervision of
Provincial Governors; and

  Bureau of Corrections (BUCOR) under the Department of Justice.
It is noteworthy that while it is true that Provincial Jails are institutions for
inmates sentenced to prison terms of six (6) months and one (1) day to three (3) years,
they are not under the supervision and control of BJMP but rather of Local
Government Units (LGUs) under the supervision of Provincial Governors.
This is so because as early as 1910, the 1st Provincial Jail System was
established during the American regime. In view of the said system, every province
was mandated by the American colonizers to establish its own provincial jail under its
supervision and control.

On the other hand, Municipal, District and City Jails are under the supervision
and control of the BJMP. These jails handle prisoners whose imprisonment does not
exceed three (3) years.
Bear in mind that those who are convicted to three (3) years and one (1)
day or longer are under the supervision and control of the Bureau of Corrections.
2. NON-INSTITUTION-BASED CORRECTIONS
Non-Institution-Based Corrections community based- programs such as
probation, suspended sentence for first time minor offenders, parole and conditional
pardon.
Government Agencies that Handle Non-Institution- based Corrections

 The Parole and Probation Administration (PPA) headed by an Administrator;

 The Board of Pardons and Parole (BPP) headed by the Chairman (Secretary of
Justice ); and
 The Department of Social Welfare and Development (DSWD) with the Secretary
as its head.
PPA is mandated by law to handle the investigation of all cases for probation,
parole & executive clemency, and the supervision of probationers, parolees and
conditional pardonees. However, despite the wide scope of its responsibility, it is a
reality that PPA-DOJ is the least heard among all other components of the Criminal
Justice System due to the confidentiality of records. Section 17 of PD 968 as amended
strictly states that only the PPA-DOJ and the court are authorized to read matters
regarding the convicted person who applied for probation.
BPP is responsible for the grant of parole and recommending Executive
Clemency to the President.
DSWD renders services for Children in Conflict with the Law (CICL).
Republic Act 9344 or the Juvenile Justice Welfare Act of 2006 states that a CICL
who is 15-year-old or under, during the time of the commission of the offense,
shall be exempted from criminal liabilities. On the other hand, those who are 16
and 17 years-old should be assessed if they acted on discernment when they
committed the crime,
 Through Non-Institutional Corrections, there is no need to place an offender
in an institution. Instead of serving his sentence inside a jail, he can be brought back
to his community under the supervision of a Probation and Parole Officer for
probation, parole and Executive Clemency cases. If the case involves a CICL, the
offender is remanded under the supervision of a Social Worker.
This type of corrections administers the treatment plans and the supervision
programs of the offender which are pertinent in restoring their dignity and self-esteem
in developing productivity and effectiveness as members of the free society.
CORRECTIONS ENTITIES/AGENCIES OF THE GOVERNMENT:
D.1 For Institution-Based Corrections

 Bureau of Corrections
 Bureau of Jail Management and Penology
 Local Government Units (Provincial Jails)
D.2 For Non-Institution-Based Corrections

 Parole and Probation Administration

 Board of Pardons and Parole (DOJ)
 Department of Social Welfare and Development
FUNCTIONS OF CORRECTIONS
Code: MPRD
1. Maintenance of institutions such as prisons, jail, halfway houses and other
institutional facilities to a period of incarceration. A clean surrounding can be of great
help in the retention of stable physical condition of every inmate inside an institution;
2. Protection of law-abiding members of society. Incarceration of sentenced
offenders prevents them from preying on other members of the community;
3. Reformation and rehabilitation of offenders with the function of assisting and
guiding incarcerated offenders to be rehabilitated until fully recovered and be prepared
for their eventual reintegration to the mainstream of society after release;
4. Deterrence of crimes. Experience in prison, the fear of isolation and denial of
liberty will influence inmates and potential offenders to lead a law-abiding life. Hence,
they would rather not commit any illegal act so as not to experience the said horrible
situations.
CORRECTIONS PILLAR Figure 1
CORRECTIONS

CORRECTIONAL ADMINISTRATION

INSTITUTION-BASED CORRECTIONS NON-INSTITUTION-BASED CORRECTIONS

BJMP BUCOR Local Government PPA DSWD BPP

Units (LGU) Provincial Jails
i

Detainees & Detainees & Detainees & Petitioner for CICL

Petitioner for EC
Prisoners Prisoners Prisoners Probation, Parole Qualified
for parole
(3 yrs. & below) (3 yrs + 1 day) (3 yrs. & below) & EC
& EC

Probationers
Parole
Pardonees
Review Questions: - It is a procedure by which prisoners are selected for release
on the basis of individual response and progress within the
1. State the difference between Institution-Based and Non-
correctional institution and a service by which they are
Institution-Based Corrections.
provided with necessary control and guidance as they serve the
2. Identify the five (5) pillars of the Philippine Criminal Justice remainder of their sentences within the community.
System. Discuss each.
Today, the Board of Pardons and Parole defines Parole as a
3. What are the government agencies that handle Institutions- conditional release of a prisoner from a correctional institution
Based Corrections? Discuss the specific institutions they after he has served the minimum of his prison sentence.
administer.
B. HISTORICAL BACKGROUND OF PAROLE:
4. What are the government agencies that administer Non-
Parole as a penal practice is part of the reformatory idea
Institutions Based Corrections? Discuss the individual
which originated as a result of the call for reforms on how
mandate of each one.
prisoners were treated during the dark ages in Europe. Among
5. State the four (4) functions of Corrections. Discuss each. the practices in the 17 and 18th centuries was the conditional
pardon granted to indentured servants transported to the
American Colonies, wherein a violation of the terms of the
CHAPTER II conditions resulted in the withdrawal of the conditional
pardon.
PAROLE
In the 19th century, two prisons administrators in
A. PAROLE AND EXECUTIVE CLEMENCY Europe contributed to the development of parole, namely
Colonel Manuel Montesinos of Spain and Georg Michael
Parole in different from Executive Clemency.
Obermaier of Munich, Germany. Montesinos encouraged
Parole is granted by the Board of Pardons and Parole vocational training and education while Obermaier set up
while cases regarding Executive Clemency are decided industrial shops in his prison and assigned trusted prisoners
by the President of the Philippines, as their superintendents. Moreover in 1840, Captain
Alexander Macanochie who served as the penal
Parole was created under Republic Act 4103 or superintendent at Norfolk Island Colony in Australia
otherwise known as the Indeterminate Sentence introduced the use of ticket- of- leave or conditional release,
Law, while the 1987 Constitution serves as the legal an equivalent to parole.
basis of Executive Clemency.
Sir Walter Crofton, Director of Irish Prisons, during
MEANING OF PAROLE: the period of 1854 to 1862 developed further the idea of parole
PAROLE- is derived from the French concept of "parole d' and gave way for American prison reformers to enter into the
honneur and is used in the sense of "word of honor". Thus the picture.
implication is that the released prisoner would give his "word of Although parole originated in Europe, it developed faster
honor" and that he would abide by the terms of his conditional in the United States. Dr. S. G. Howe of Boston was the first
release. man who used the word "parole" in 1846.
 In 1869, some American prison reformers went to b. Norfolk Island this is located between New Caledonia
Ireland to observe its prison system that was instituted by Sir and the New Zealand Penal Colony. The conditions were
Walter Crofton. Upon their return to the United States, they inhumane and offenders were abused. Due to horrible
pushed for the approval of the law creating the Elmira conditions, the idea of parole sprouted as an alternative to
Reformatory in New York, which was inaugurated in 1876. This incarceration.
famous institution is the forerunner of parole in the United
Names To Remember In the History Of Parole
States.
1. Capt. Alexander Maconochle (England)- became the
In the late 18th century and early 19th century,
Governor or superintendent of Norfolk Island, a penal colony in
converting merchant ships into floating prisons was a common
the East of Australia and initiated the famous "Mark System".
practice of the English penal system to decongest their prisons.
This system had five characteristics: first, it placed emphasis
These floating prisons were moored in the Thames River and
on reforming the offender rather than so-called deterrent or
were referred to as 'Hulks. Moreover, prior to the independence
retributive principles; second, it advocated task sentences'
of the American colonies, convicts were habitually sent to the
rather than time sentences wherein prisoners were granted
colonies. After their independence, the prisoners were sent to
liberty after completing a task or set of tasks rather than
Australia. For example, in the year 1798, of the 1900 prisoners
serving time; third, he introduced marks as a kind of currency
that were sent to Australia, 1400 were initially held in these
to measure the performance of tasks, to impose fines for
watery prisons."
misconduct and the purchase of rations and indulgence,
C. HISTORY OF PAROLE IN AUSTRALIA: fourth, it developed a penal measure that has two stages,
namely, the initial punitive or punishment stage then followed
Captain James Cook was an English Explorer who
by the reformative or moral training stage; finally, his penal
circumnavigated the world and had pioneered the exploration
system is not tied to any single institution."
of New Zealand and East Australia. He instituted the idea of
establishing a penal colony in the area which he had colonized. 2. Sir Walter Crofton remedied and perfected the failure and
drawbacks of the Mark System when he was appointed director
Captain Arthur Philip established the 1" penal colony
of the Irish Prison System in 1854. The Irish or Crofton System
in Australia. He was a commander of a fleet of 11 ships with 2
integrated both punishment and reformation made up of three
escorting warships that set sail in 1787 from Spithead,
stages. These include the initial punishment stage and two
England with a load of expatriated convicts. He landed his
subsequent reformative stages. A prisoner has to complete
cargoes composed of 552 male and 192 female convicts at
these three before becoming eligible for a sentence reduction
Botany Bay, Australia on January 18, 1788, after a horrible 8-
and/or supervised release."
month journey.
3. Dr. Samuel Gridley Howe of Boston was the first man to
After Sydney, the following penal colonies were
use the word "parole". He used the term in a letter to the Prison
established:
Association of New York in 1869. This came about after the
a. Van Diemen's land (now Tasmania) Irish political association appointed a committee to reform the prison system
prisoners were banished like common criminals. of New York following the penal reforms that were instituted in
Great Britain. The subsequent report that was submitted by
the committee called for the establishment of reformatories or
institutions that were meant to reform the prisoners into 2. Three-STAGE SYSTEM Known As The "INTERMEDIATE
leading lives away from crimes. Then New York Governor John PRISON" By Sir Walter Crofton
T. Hoffman endorsed the report and in 1869 brought about the
Stages of Intermediate Prison:
creation of the New York State Reformatory at Elmira which
was eventually completed on 1876. The Elmira Reformatory A. strict imprisonment 12 months of solitary
sought to rehabilitate first time youth offenders between the confinement
ages of 16 to 30,10
B. Intermediate imprisonment work in association with
4. Zebulon R. Brockway was the first superintendent of other convicts, chiefly in outdoor labor or public works.
Elmira Reformatory; he compulsorily developed parole which
soon spread to other states in United States of America. As the C. Ticket of Leave or Conditional Pardon - conditional
warden of the Elmira Reformatory from 1876-1900, he release for a period of remission earned by hard labor
implemented a program that made use of a combination of and good conduct and good conduct that was always
education, skills and trades training, indeterminate sentences, subject to revocation.
classification of inmates and an incentive program. He also 3. "IRISH SYSTEM" - this was guided by the principle of
believed in the value of spiritual and moral guidance in "Individualization of Treatment".
reforming offenders into law abiding citizens."
4. ELMIRA REFORMATORY - established a link between the
community-based program and the penal institution. It is the
D. TWO PERTINENT SYSTEMS IN THE HISTORY OF forerunner of modern penology.
PAROLE: History of Parole in the Philippines
1. The key components of the system which Macanochie A. LEGAL STATUTES
introduced into the Penal Colony at Norfolk Island were
basically two: the Mark System and a Five Stage system Republic Act No. 4103-Otherwise known as the
leading to conditional liberty. Sentence law (promulgated on December 5, 1933)
a. "MARK SYSTEM" - a convict could make a way out of "Indeterminate
confinement by industry and good conduct. In view of Act No. 43, the Board of Indeterminate Sentence was
b. A Five-Stage System leading to conditional liberty: created. In view of Executive Order 83, Series of 1937, the
Board of Indeterminate Sentence was changed to Board of
1. rigid discipline and absolute confinement Pardons and serves as the administrative arm of the President
to grant executive clemency Thereafter, Executive Order No.
2. work on a government chain gang
94, the Organizational Act of 1947 was signed and changed
3. limited freedom within prescribed area finally the Board of Pardons to the Board of Pardons and
Parole.
4. a ticket of leave or a conditional pardon:
5. total freedom
How was the Board of Pardons and Parole (BPP) created? Who gave the Probation and Parole Officers the
Authority to investigate cases for Parole and Executive
Board of Indeterminate Sentence-
Clemency?
Act No. 4103 -Otherwise known as the Indeterminate
1. The BPP resolved and gave the PPA DOJ the authority to
Sentence Law
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
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 "The Board resolved as it has hereby resolved, to
Executive Clemencies. authorize the Parole and Probation Administration to
-renamed the Board of Indeterminate Sentence to Board conduct Pre-Parole and Executive Clemency of
of Pardons Investigation of provincial and national prisoners confined in
city and provincial jails, the national penitentiary and penal
colonies and to submit a report of said investigation 60 days
Amended by Executive Order 94, otherwise known as "The (now, within 30 days, as amended by Board Resolution No. 24-
Reorganization Law of 1947" Which abolished the Board of 4-10 dated April 13, 2010) before the expiration of the
Pardons and created the Board of Pardons and Parole (BPP). 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
B. CONSTITUTIONAL AND STATUTORY MANDATE Clemency. Later on, it was reduced to thirty (30) days.
The Board is the administrative arm of the President of BPP Manual 2006, as amended, states that
the Philippines in the exercise of his constitutional power to
grant, except in cases of impeachment, pardon, reprieve and Sec. 8- Referral to Government Agencles -The Board, in its
amnesty after conviction by final judgment." discretion, refer a petition for executive clemency to a
Probation and Parole Officer who shall submit within thirty
The Indeterminate Sentence Law of 1933 was further amended (30) days from receipt of referral a Report on the behavior,
on June 19, 1965 by Repubic Act 4203, or AN ACT TO character, antecedents, mental and physical condition of the
AMEND SECTIONS 3 and 4 OF ACT NO. 4103, AS petitioner, and the results of the National Bureau of
AMENDED, OTHERWISE KNOWN AS THE INDETERMINATE Investigation records. check."
BENTENCE LAW which provided the qualification, term of
office, composition and compensation of the Board members.
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 in Jail or Prison

WILL BE PLACED
UNDER PAROLE CONDITIONS
C. PAROLE INVESTIGATION PROCESS: Upon receipt of said reports, the Board shall assess and
determine whether the petitioner is qualified for parole. If the
As shown in Figure 2, the Parole Process starts upon
offender deserves to enjoy the benefits of being placed on
receipt of the Board of the prison records and carpeta of
parole, a "Release Document" or specifically known as
national prisoners. (confined in national penal farms and
"Discharge on Parole" will be issued for the prisoner's
colonies) from the Director of Prisons.
temporary liberty. However, if there is a blatant proof that an
The Director of Prisons has the responsibility to inmate's release on parole will put his life and his relatives, to
forward the document to the Board of Pardons and Parole risk, or endanger the life of the victim and the community,
within thirty (30) days before the expiration of the prisoner's then the release of the prisoner shall be deferred until
minimum sentence. otherwise there will be an assurance that the danger ceases.

The Municipal, City, District and Provincial Jail If an inmate is not qualified, then he/she shall remain
Wardens has the obligation to transmit to the Director of in jail or prison and serve the sentence imposed by the court.
Prisons all pertinent records of prisoners in jails within thirty
"Petition for Parole/Executive Clemency filed by
(30) days before the expiration of such prisoner's minimum
convicted aliens who are serving sentence in the Philippines
sentence. The Director of Prisons shall submit to the Board for
are referred for comment and recommendation to the Secretary
its consideration within fifteen (15) days after receipt of
of Foreign Affairs who shall determine insofar as it is valid and
aforestated records.
legitimate, the grant of executive clemency to a foreigner
One should take into consideration that due to the lack should be done. The basis of its approval shall be "Quid Pro
of manpower and bulk of cases that need to be reviewed, there Quo" or "something for something."(BPP Manual 2006, as
are times that prison records and carpetas of qualified amended)
national, provincial, district, municipal and city prisoners are
The Board can always act on the case of a national
not transmitted to the concerned authorities within the
prisoner regardless of where he is confined. However, if still
reglementary period. In this regard, at any time, prisoners or
confined in Municipal, City, District and Provincial jails, the
any person in their behalf may file a petition for parole or
Warden shall issue a certification that the continued
executive clemency.
confinement of the prisoner in his jail is beyond his or the
After a review of cases of qualified inmates, the Board prisoner's control.
will issue a Referral, requesting the Parole and Probation
Take note that the Board does not take action on
Administration to conduct the following within thirty (30) days
prisoners who have pending cases in court.
upon receipt thereof:
D. DUTIES OF THE BOARD upon receipt of Carpeta:
a. Conduct Pre-Parole Investigation (PPI)
a. Look into the physical, mental and moral record of
b. Submit Pre-Parole Investigation Report (PPIR)
prisoners who are eligible for parole and determine the
prescriptive period of their release,
 b. Publication of names of Prisoners being considered for 5. They have been granted conditional pardon by the President
parole, of the Philippines and shall have violated any of the terms
thereof;
c. Notify the offended party,
6. They have been sentenced to a sentence not to exceed one
d. Review cases of prisoners eligible for parole or
(1) year or those who have definite sentence.
Executive Clemency,
7. Those convicted of offenses punished with reclusion
e. Issue referral to the Parole and Probation
perpetua or whose sentences were reduced to reclusion
Administration.
perpetua by reason of Republic Act 9346 or 'An Act Prohibiting
E. ELIGIBILITY FOR REVIEW of a PAROLE CASE: the Imposition of the Death Penalty in the Philippines' enacted
on June 24, 2006, amending Republic Act 7659 Or 'An Act To
Prisoner's case is eligible for review if: 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'
1. Inmate is serving an indeterminate sentence and the dated January 1, 2004.
maximum sentence of which exceeds one (1) year,
8. Those convicted for violation of the laws on terrorism,
2. He has served the minimum period of the plunder and international crimes.
indeterminate sentence imposed on him.
F. PAROLE SUPERVISION PROCESS:
3. Inmate's conviction is final and executory.
Conditional Pardon (with Parole Supervision)/Parole
4. Inmate has no pending criminal case. Supervision as shown in Figure 4, starts upon the issuance of
the "Discharge On Parole" or otherwise known as the "Release
5. Inmate is serving sentence in the national penitentiary
Document" from the Board of Pardons and Parole.
unless confinement in a municipal, city, district, city and/or
provincial jail, in justified. Should a prisoner be released because of parole, an order of
release known as Discharge on Parole, shall be issued by the
Disqualifications:
Board. Discharge on Parole (DOP) is otherwise known as a
Prisoners are disqualified for a parole if: release document. A person, who was discharged from prison
because of parole, is called parolee. Should a prisoner be
1. Their offenses are punishable by the death penalty, released because of parole, he will be called a parolee. Since
reclusion perpetua or life imprisonment; he/she is already a parolee, he/she shall undergo parole
2. They were convicted of treason, conspiracy, or proposal to supervision.
commit treason or espionage, misprision of treason, rebellion,
sedition or coup d'etat and piracy or mutiny on the high seas
or Philippine waters; Upon expiration of the minimum period of sentence served
inside the prison, the Director of prison shall forward the
3. They are habitual delinquents; carpeta of the prisoner to the Board for proper disposition. No
4. They escaped from confinement or evaded sentence; inmate shall be qualified for possible release on parole, if
he/she still has a pending case, or if the sentence does not 3. Infraction Report - stating the subsequent conviction of
exceed one (1) year. In his own will, the prisoner himself may another crime; and
file an application for parole if the situation warrants.
4. Violation Report stating the violation/s of the terms and
The mandatory parole conditions: conditions appearing in the Release Document or non-
compliance with his/her obligations as a parolee.
a. To report to the probation office within 15 days;
“Change of residency “
b. To report at least once a month for those who are residing
outside Metro Manila/ To report at least twice a month for Upon determination of the Board, should there be any
those who are residing within Metro Manila. violations of parole conditions, the Board may resolve to revoke
the privilege granted to the parolee or pardonee. In this event,
Substantial compliance during parole supervision would result
the Board may issue Order of Arrest and Recommitment (OAR)
in the submission of a Summary Report by the supervising
and the parolee shall serve the remaining portion of his
Probation and Parole Officer. In effect, upon evaluation, the
sentence in prison.
Board may resolve to issue a Certificate of Final Release and
Discharge (FRD) for the absolute freedom of the client. Likewise, should there be any misrepresentations made by the
parolee prior to his/her release, there shall be a withdrawal or
On the contrary, if the client failed to comply with any of his
cancellation of the Release Document.
parole conditions stated in his Discharge on Parole, the
supervising Probation and Parole Office may submit a Progress,
Infraction or Violation Report with recommendation to issue an
Order of Arrest and Recommitment (OAR). In this regard, the
Board may grant the same which may result to re-
incarceration of the client.
During the parolee's period of parole supervision, the Probation
and Parole Officer may submit the following reports:
1. Progress Report Stating the conduct of parole in the
duration of his parole supervision;
2. Status Report - stating another offense/s committed by the
parolee which has not yet been decided by the court;
G. THE PAROLE SUPERVISION PROCESS (Figure 3)

BOARD

Release Document (Discharge On Parole)

 DIRECTOR OF CORRECTIONS OR WARDEN OF THE JAIL

Certification of Release of the Prisoner

PROBATION AND PAROLE OFFICER

PAROLE SUPERVISION

CLIENT (Parolee/ Pardonee)

CONDITIONS

COMPLIANCE NON-COMPLIANCE

SUMMARY REPORT REPORTS

1. Progress Report
2. Infraction Report
3. Violation Report
Certificate of FINAL RELEASE
and DISCHARGE (FRD)
ORDER OF ARREST and
RECOMMITMENT (OAR)
FREEDOM

PRISON
- Serve the remaining portion of the maximum sentence for which
he was originally committed to prison
Review Questions: Executive Clemency rests exclusively within the sound
discretion of the Chief Executive.
B. CONSTITUTIONAL AND STATUTORY MANDATE
1. State the difference between Parole and Executive Clemency.
Sec. 19, Art VII of the Philippine Constitution, except in
2. Identify the two pertinent systems in the history of Parole.
cases of impeachment, the President of the Philippines may
Discuss each.
grant reprieve, commutation and pardon, after conviction by
3. Discuss the Process of Parole Investigation. final judgment.

4. Discuss the Process of Parole Supervision. C. EXECUTIVE CLEMENCY INVESTIGATION PROCESS:

5. Discuss the Mandatory Parole Conditions. Upon referral from the Office of the President or upon petition
of the prisoner, the Board may act on his case. A formal
petition may be submitted to the Board and should be
CHAPTER III EXECUTIVE CLEMENCY addressed to:
The President of the Philippines
Through: The Chairman
A. MEANING OF EXECUTIVE CLEMENCY: Board of Pardons and Parole
Quezon City

Executive Clemency is the plenary power of the President to Under the Rules and Regulations of the Board of Pardons and
grant ACCRA: Parole, "The Board may, however, motu propio, consider cases
for commutation of sentence or the conditional pardon of
1. Absolute Pardon - Total extinction of criminal liability. deserving prisoners whenever the interest of Justice will be
2. Conditional Pardon - Partial Extinction of criminal liability. served thereby

3. Commutation of Sentence - Reduction of Sentence. Petition for Absolute or Conditional Pardon shall be endorsed
to the Board by the Secretary of the National Defense if the
4. Reprieve - Temporary stay of execution crime committed by the prisoner is a crime against the national
5. Amnesty - power of the President to grant pardon for those security. However, if it's a violation against any of the crimes
who committed politically-related offenses. stated in the Omnibus Election Code or any of its rules and
regulations, then favorable endorsement shall be done by the
Commission on Election.
EXECUTIVE CLEMENCY INVESTIGATION PROCESS (Figure 4)
Office of the President or Petition made by the Prisoner

BOARD (Referral)

PPA
-investigate
-submit required reports within 30 days

BOARD
-Recommends
-Resolves
-Certifies

OFFICE OF THE PRESIDENT

GRANT DENIAL

Conditional Pardon Retention in jail or prison

 Document With
Parole Conditions

What are the guidelines for recommanding Executive 8. Such similar and analogous circumstances whenever the
Clemency? interest of justice will be served thereby.
The President has the power to grant Executive Clemency. The Petition for EC may be reviewed only if the petitioner
Board of Pardons and Parole acts on the cases of prisoners meetsthe following minimum requirements: (Source BP
upon his application or referral by the Office of the President Manual 2006, anamended)
The following Extra Ordinary Circumstances shall be 1. For Commutation of Sentence:
considered in the grant of Executive Clemency (EC) (Source
The inmate should have served at least 1/3 of the definite
BPP Manual 2006, as amended by Board Resolution No. 24-4-
aggregate minimum of the indeterminate prison term.;
10 dated April 13, 2010, and further amended by Board
Resolution No. OT 11-12 dated February 9, 2012) a. At least % of the minimum of the indeterminate prison term
or aggregate minimum of the indeterminate prison term;
1. Recommendation granting EC for the prisoner given by the
trial court or appellate court; b. At least 10 years for inmates sentenced to one (1) life
imprisonment, for crimes/offenses not punished under
2. Penalty imposed is too harsh;
Republic Act No. 7659 and other special laws;
3. Presence of material evidences which was not considered by
c. At least thirteen (13) years for inmates whose indeterminate
the court, which would have justified an acquittal of the
and/or definite prison terms were adjusted to a definite prison
accused, prior to his/her conviction;
term of forty (40) years in accordance with the provisions of
4. Inmate was a minor (over 15 but less than 18) at the time of Article 70 of the Revised Penal Code, as amended;
the commission of the offense.
d. At least fifteen years for inmates convicted of heinous
5. Inmate is 70 years old and above whose continued crimes/offenses as defined in Republic Act 7659 or other
confinement in prison is hazardous to his health; special laws, committed on or after January 1, 1994 or
sentenced to one (1) reclusion perpetua or one (1) life
6. Inmate is suffering from serious and contagious disease or
imprisonment;
life- threatening illness, or with severe physical disability such
as those who are totally blind, paralyzed, bedridden, and the e. At least eighteen (18) years for inmates convicted and
likes, as recommended by a physician of the Bureau of sentenced to reclusion perpetua or life imprisonment for
Corrections Hospital and certified under oath by a physician violation of Republic Act 9165, and for kidnapping for ransom,
designated by the Department of Health. or violation of the laws on terrorism, plunder and transnational
crimes; At least twenty (20) years for inmates sentenced to two
7. Alien inmates where diplomatic considerations and amity
(2) or more reclusion perpetua or life imprisonment even in
among nations necessitates review.
their sentences were adjusted to a prison term of forty (40)
years in accordance with the provisions of Article 70 of the
Revised Penal Code, as amended;
f. At least twenty five (25) years for inmates originally
sentenced to death penalty but which was automatically
reduced or commuted to reclusion perpetua or life
imprisonment.