2006 DOJ RULES ON PAROLE, as amended by BPP RES. NO.

24-4-10

REQUEST BPP

ELIGIBILITY
An inmate is eligible for review if:
(i) he has indeterminate sentence with max. period > 1 year; (ii) he has served min. period; (iii) his conviction is final and executory; (iv) has no other pending case;
(v) is serving sentence in the national penitentiary unless otherwise justified; and (vi) is not disqualified1

REVIEW UPON PETITION OR REFERRAL

BPP may review a parole case upon petition or referral by correctional/other agencies

TRANSMITTAL

BuCor Director/Jail Warden (D/W) will transmit carpeta to BPP at least 1 month before case is eligible for review

PUBLICATION and NOTICE

BPP will publish names of PDLs convicted of HC /RP/LI with BPP will notify offended party or immediate relatives of contemplated
indeterminate term in newspaper of general circulation parole, with 30 days for comment

PRE-PAROLE INVESTIGATION;DEFERMENT OF RELEASE

If pre-parole investigation shows clear and convincing evidence that release will cause danger, BPP will defer release until danger ceases

PROCEEDINGS OF THE BOARD2

Based on consideration of certain factors3 and circumstances4, BPP will

BPP will meet in executive session regularly or upon call of Chairman
grant/deny parole

RELEASE
Upon grant of parole, evidenced by Release Document (RD), Upon PDL's actual release, D/W will send
PDL will be released. RD may be withhdrawn in case of BPP will send copy of RD to PDL through D/W
false/incomplete/concelaed materal information. Certificate of Release to designated PPO

PAROLE SUPERVISION
After PDL's release, PPO will supervise Parolee until maximum PPO shall report to the board parolee's commission
Parolee shall also comply with terms and conditions in
sentence expires. Parolee shall present himself before PPO of an offense, conviction of another crime, violation of
RD. Transfer of residence, outside travel, travel/work
within given period. PPO will inform BPP if parolee reported to RD6. In case of conviction, parolee shall be arrested
him or not. abroad subject to approval5.
and serve remainder of max. sentence

SUMMARY REPORT

After parolee's maximum sentence expires, PPO will submit summary report on supervision, with attached clearances from police, court,
prosecutor's office and brgy

CERTIFICATE OF FINAL RELEASE AND DISCHARGE

Upon receipt of summary report and Upon issuance of CFRD, Parolee will be released and
BPP will forward CFRD to parolee, court, PPO,
recommendation of Chief PPO, BPP will issue discharged from conditions in Release Document.
Accessory penalties not expressly remitted will subsist BuCor, NBI, PNP, OP
Certificate of Final Release and Discharge
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RULE 2.2. Disqualifications for Parole - Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the "Indeterminate
Sentence Law", parole shall not be granted to the following inmates:
a. Those convicted of offenses punished with death penalty of life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision 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 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 said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who having been granted conditional pardon by the President of the Philippines shall have 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 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
j. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."
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The Board of Pardons and Parole shall be composed of the Secretary of Justice, or his representative who shall serve full-time, 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 regular members of the Board of Pardons and Parole shall also serve full time.

RULE 2.12. Board Action. — A majority of the members of the Board, constituting a quorum, shall be necessary to support a decision
of the board or to carry out any action. However, in order to grant parole, to modify any of the terms and conditions appearing in a
Release Document, to order the arrest and recommitment of a parolee, and to issue certificate of Final Release and Discharge to a
parolee, the decision or action must be supported by at least four (4) votes of the members of the Board.

The minutes of the meeting of the Board shall show the votes of its individual members and the reason or reasons for voting for or
against any matter presented for the approval of the Board. Any dissent from the decision to grant or deny parole shall be reduced
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RULE 2.8 Factors to be Considered in Review of Parole Cases. — The following factors may be considered by the Board in its
review of a parole case:
a. the degree of prisoner's rehabilitation and his institutional behavior or conduct;
b. previous criminal record, if any, and the risk to other persons, including the victim and witnesses and their family and friends,
or the community in general, or the possibility of retaliation by the victim, his family and friends;
c. the gravity of the offense and the manner in which it was committed, and prisoner's attitude towards the offense and his
degree of remorse;
d. evidence that the prisoner will be legitimately employed upon release, or has a place where he will reside; and
e. the age of the prisoner and the availability of after-care services for the prisoner who is old, seriously ill or suffering from a
physical disability.
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RULE 2.9 Grant of Parole. — The Board may grant a prisoner parole based on reports regarding the prisoner's work and conduct
and on the study and investigation by the Board itself and it finds the following
circumstances are present:
a. That the prisoner is fitted by his training for release;
b. That there is a reasonable probability that, if released, he will live and remain at liberty without violating the law; and
c. That this release will not be incompatible with the welfare of society.
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RULE 3.8. Transfer of Residence. — A parolee may not transfer from the place of residence designated in his Release Document
without the prior written approval of the Regional Director subject to the confirmation of the Board.

RULE 3.9. 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.

RULE 3.10. 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
Parole and Probation Administrator and confirmed by the Board.
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RULE 3.12. Reports. — The Probation and Parole Officer concerned shall submit the following reports to the Board:
a. 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,
b. An Infraction Report when the parolee has been subsequently convicted of another crime;
c. A Violation Report when a parolee commits any violation of the terms and conditions appearing in his Release Document
or any serious deviation or non-observance of the obligations set forth in the parole supervision program.