CHAPTER VII
A. WHAT IS PAROLE?
CHAPTER CONTENTS:
1. Parole Define
2. Historical Development of Parole
3. Distinction Between Parole and Probation
4. Advantage and Disadvantage of parole
5. Prisoners Qualified and Disqualified for
Parole
6. The Board of Pardon and Parole
7. The Indeterminate Sentence Law (Act No.
4103)
8. Implementing Rules and Regulation on
Parole and Pardon
SPECIFIC OBJECTIVES
At the end of this chapter the students should
be able to:
1. define parole and other important
terms;
2. discuss the historical development of
parole;
3. differentiates parole from probation;
4. identify the advantage and
disadvantage of parole;
5. enumerate the prisoners qualified and
disqualified for Parole;
6. identify the composition of the Boards
of
7. explain the important provisions of Act
No. 4103 (1933) known as the
Indeterminate Sentence Law; and
8. identify important provisions of the
Implementing Rules and Regulation
(IRR) on Parole and Pardon.
It is the provisional release of a prisoner who
agrees to certain conditions prior to the completion of
the maximum sentence period. Originating from the
French parole ("voice", "spoken words"), the term
PAROLE
became associated during the Middle Ages with the
release of prisoners who gave their word.
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.
PRE-PAROLE INVESTIGATION
The Administration has been authorized by the
Board to conduct pre-parole investigation of
deserving city, provincial and national prisoner
confined in the city and provincial jails, the national
penitentiary and penal colonies, whenever their best
interests and that of justice will be served thereby,
and to submit reports of said investigation at least
60 days before the expiration of the minimum
sentences of the prisoners concerned.
B. HISTORY OF PAROLE
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. In
penal philosophy, parole is part of the general 19th-
century trend in criminology from punishment to
reformation. Chief credit for developing the early
parole system is usually given to Alexander
Maconochie, who was in charge of the English penal
colony at Norfolk Island, 1,000 miles off the coast of
Australia, and to Sir Walter Crofton, who directed
Ireland's prisons (Cromwell and del Carmen 1999).
Alexander Maconochie, a Scottish geographer and
captain in the Royal Navy, introduced the modern idea
of parole when, in 1840, he was appointed
superintendent of the British penal colonies in Norfolk
Island, Australia. He developed a plan to prepare them
for eventual return to society that involved three
grades. The first two consisted of promotions earned
through good behaviour, labour, and study. The third
grade in the system involved conditional liberty outside
of prison while obeying rules. A violation would return
them to prison and starting all over again through the
ranks of the three grade process
Maconochie criticized definite prison terms and
developed a system of rewards for good conduct, labor
and study. Through a classification procedure he called
the mark system, prisoners could progress through
stages of increasing responsibility and ultimately gain
freedom. In 1840, he was given an opportunity to apply
these principles as superintendent of the Norfolk Island
penal settlement in the South Pacific. Under his
direction, task accomplishment, not time served, was
the criterion for release. Marks of commendation were
given to prisoners who performed their tasks well, and
they were released from the penal colony as they
demonstrated willingness to accept society's rules.
Returning to England in 1844 to campaign for penal
reform, Maconochie tried to implement his reforms
when he was appointed governor of the new
Birmingham Prison in 1849. However, he was unable to
institute his reforms there because he was dismissed
from his position in 1851 on the grounds that his
methods were too lenient (Clear and Cole 1997).
Alexander Maconochie
He is the Superintendent of the penal colony at
Norfolk Island in Australia (1840) who introduced
the Mark System that became the blueprint of
modern day parole. He is considered as the father of
modern penology.
Mark System
A progressive humane system in which a
prisoner is required to earn a number of marks
based on proper department, labor and study in
order to entitle him for ticket for leave or conditional
release which is similar to parole.
Walter Crofton attempted to implement
Maconichie's mark system when he became the
administrator of the Irish Prison System in 1854.
Crofton felt that prison programs should be directed
more toward reformation, and that "tickets-of-leave"
should be awarded to prisoners who had shown
definitive achievement and positive attitude change.
After a period of strict imprisonment, Crofton began
transferring offenders to "intermediate prisons" where
they could accumulate marks based on work
performance, behavior and educational improvement.
Eventually they would be given tickets-of-leave and
released on parole supervision. Parolees were required
to submit monthly reports to the police, and a police
inspector helped them find jobs and generally oversaw
their activities. The concepts of intermediate prisons,
assistance and supervision after release were Crofton's
contributions to the modern system of parole (Clear
and Cole 1997).
By 1865, American penal reformers were well
aware of the reforms achieved in the European prison
systems, particularly in the Irish system. At the
Cincinnati meeting of the National Prison Association in
1870, a paper by Crofton was read, and specific
references to the Irish system were incorporated into
the Declaration of Principles, along with other such
reforms as indeterminate sentencing and classification
for release based on a mark system. Because of
Crofton's experiment, many Americans referred to
parole as the Irish system (Walker 1998).
Walter Crofton
He is the director of the Irish Prison in 1854 who
introduced the Irish system that was modified from
the Macanochie’s mark system.
Zebulon Brockway, a Michigan penologist, is
given credit for implementing the first parole system in
the U.S. He proposed a two-pronged strategy for
managing prison populations and preparing inmates
for release: indeterminate sentencing coupled with
parole supervision. He was given a chance to put his
proposal into practice in 1876 when he was appointed
superintendent at a new youth reformatory, the Elmira
Reformatory in New York. He instituted a system of
indeterminacy and parole release, and is commonly
credited as the father of both in the United States. His
ideas reflected the tenor of the times - a belief that
criminals could be reformed, and that every prisoner's
treatment should be individualized.
Zebulon Brockway
First Superintendent of Elmira Reformatory in
New York
He introduced training school type, education
for prisoners, solitary confinement for night and
congregate workshop were adopted, extensive use
of parole and indeterminate sentence.
The Elmira Reformatory (1876 in Elmira, NY)
First reformatory and considered as the
forerunner of modern penology because it had all
the elements of a modern system.
On being admitted to Elmira, each inmate
(males between the ages of sixteen and thirty) was
placed in the second grade of classification. Six months
of good conduct meant promotion to the first grade -
misbehavior could result in being placed in the third
grade, from which the inmate would have to work his actual confinement under sentence of imprisonment,
way back up. Continued good behavior in the first contingent upon future conduct with respect to terms
grade resulted in release. Paroled inmates remained of parole, and the parolee is subject to future
under the jurisdiction of authorities for an additional six confinement for the un-served portion of sentence in
months, during which the parolee was required to the event he violates provisions of parole. While
report on the first day of every month to his appointed probation relates to action taken before prison door is
volunteer guardian (from which parole officers closed, and before final conviction, parole relates to
evolved) and provide an account of his situation and action taken after the prison door has been closed, and
conduct (Abadinsky 1997). Written reports became partakes of the nature of pardon, for it suspends
required and were submitted to the institute after execution of penalty already imposed.
being signed by the parolee's employer and guardian. An order placing a defendant on probation is not a
Indeterminate sentencing and parole spread final judgment, but is rather an "interlocutory
rapidly through the United States. In 1907, New York judgment" in the nature of a conditional order placing
became the first state to formally adopt all the the defendant under the supervision of the court for
components of a parole system: indeterminate his reformation, to be followed by a final judgment of
sentences, a system for granting release, post-release discharge, if the conditions of probation are complied
supervision and specific criteria for parole violation. By with, or by a final judgment of sentence if the
1927, only three states (Florida, Mississippi and Virginia) conditions are violated.
were without a parole system, and by 1942, all states The following are the other distinction:
and the federal government had such systems (Clear
and Cole 1997). PAROLE PROBATION
This differs from amnesty or commutation of
sentence in that parolees are still considered to be Administrative It is a judicial function
serving their sentences, and may be returned to prison function exercised exercise by the
if they violate the conditions of their parole. A specific by the executive courts.
type of parole is medical parole or compassionate
branch of the
release which is the release of prisoners on medical or
humanitarian grounds. Conditions of parole often government
include things such as obeying the law, refraining from (executive
drug and alcohol use, avoiding contact with the function)
parolee's victims, obtaining employment, and
maintaining required contacts with a parole officer. Granted to a Granted to an
Some justice systems, such as the United States federal prisoner only after offender immediately
system, place defendants on supervised release after he has serve the after conviction.
serving their entire prison sentence; this is not the minimum of his
same as parole. In Colorado, parole is an additional
sentence.
punishment after the entire prison sentence is served -
it is called 'mandatory parole'.
It is an extension It is substitute for
CREATION OF PAROLE SYSTEM IN THE PHILIPPINES: of institutional. It is imprisonment.
It came into existence by the passage of Act 4103 a conditional Probation is an
as amended by Acts 4203 and 4225, otherwise known release of a alternative to
as the Indeterminate Sentence Law, which took effect prisoner whereby imprisonment.
on Dec. 5, 1933. Board of Pardons and Parole – he is placed under Instead of being
administers the Parole system of the country
the supervision of confined in prison,
a Parole Officer the probationer is
C. DISTINCTION BETWEEN after serving his released to the
PAROLE & PROBATION minimum community by the
These two concepts are sometimes used sentence. court with conditions
interchangeably, but there are substantial differences to follow and is
between the two. Parole is a conditional release from placed under the
 supervision of PO. obliging the state to release them unless deemed a
threat to society in writing by the parole board. Where
Granted by BPP Granted by the court parole is granted or denied at the discretion of a parole
board, mandatory supervision does not involve a
Parolee Probationer decision making process: one either qualifies for it or
does not. Mandatory supervision tends to involve
Parolee supervised Probationer supervise stipulations that are more lenient than those of parole,
by parole officer by probation officer and in some cases place no obligations at all on the
individual being released.
Parole is Probation is handled
administered by by the Probation E. ADVANTAGES AND
the Parole Board. Administration
DISADVANTAGES OF PAROLE
Parole does not Probation is more
A. ADVANTAGES OF PAROLE
restores full civil beneficent because it
Parole is the release of a prisoner who agrees to
rights to parolee restores full civil certain conditions upon being released. An advantage
rights to the of parole is that it can be used to award prisoners for
probationer upon good behavior during their sentence.
termination unlike One of the other advantages is the economy
parole. factors. Releasing prisoners on parole can force them
to get a job and no longer be a ward of the state. The
It is granted more Probation is enjoyed money from the prisoner’s job will then pay for state
than once, only once taxes and further help out the government.
Another advantage is the thought of parole can
depending on
cause prisoners to serve their sentence peacefully until
good behavior they reach the point where they can be granted parole.
during This may lessen the amount of prison fights and
imprisonment altercations with the guards.
Parole is the early release of convicts from prison,
Probation is a Convict must serve prior to the completion of their given sentence. Parole
community-based the minimum of his is issued based on good behavior or the parole board's
approach to sentence before the determination that the convict has been sufficiently
reformed to re-enter society. Therein lies its foremost
reformation of grant.
advantage: the provision of fresh opportunity and the
offenders.
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
D. DIFFERENCE BETWEEN rates is conducive to a free, democratic society.

PAROLE AND MANDATORY B. DISADVANTAGE OF PAROLE

SUPERVISION
"Mandatory Supervision," is a practice whereby an
inmate is released prior to the completion of their
sentence due to legal technicalities which oblige the
offender justice system to free them. In some states
such as Texas, inmates are compensated with "good
time," which is counted towards time served. For
example, if an inmate served five years of a ten year
prison term, and also had five years of "good time,"
they will have completed their sentence "on paper,"
Parole involves the risk that the parolee may
become a repeat offender (known as recidivism in the
criminal justice field). 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. 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.
F. PRISONERS QUALIFIED AND
DISQUALIFIES FOR PAROLE
A. PRISONERS QUALIFIED
Unless otherwise disqualified under Sec. 15 of the
rules, a prisoner shall be eligible for the grant of parole
upon showing that –
a. 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; and that
b. He has served the minimum period of said
sentence less the good conduct time
allowances (GCTA) earned.
c. There is a reasonable probability that if
released, he will become law-abiding; and
d. His release will not be incompatible with the
interests and welfare of society.
"RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE
CASE - AN INMATE'S CASE MAY BE ELIGIBLE FOR
REVIEW BY THE BOARD PROVIDED:
1. Inmate is serving an indeterminate
sentence the maximum period of which
exceeds one (1) year;
2. Inmate has served the minimum period of
the indeterminate sentence;
3. Inmate's conviction is final and executor;
4. In case the inmate has one or more co-
accused who had been convicted, the
director/warden concerned shall forward
their prison records and carpetas/jackets
at the same time.
5. Inmate has no pending criminal case; and
6. Inmate is serving sentence in the national
penitentiary, unless the confinement of
said inmate in a municipal, city, district or
provincial jail is justified.
G. 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.
6.
Those who are habitual delinquents;
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."
H. 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,
3. Recommends to the President of the
Philippines the grant of any form of executive
 clemency to prisoners other than those
entitled to parole.
The Board of Pardons and Parole administers the
Parole system of the country.
A. 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
1. Person qualified for the work by
training/experience and a member of the
Philippine BAR.
B. 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 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.
I. ACT NO. 4103 - 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
THEREFOR; AND FOR OTHER
PURPOSES.
SECTION 1. Hereafter, in imposing a prison sentence for
an offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to
an indeterminate sentence the maximum term of
which shall be that which, in view of the attending
circumstances, could be properly imposed under the
rules of the said Code, and the minimum which shall be
within the range of the penalty next lower to that
prescribed by the Code for the offense; and if the
offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence,
the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not
be less than the minimum term prescribed by the same.
(As amended by Act No. 4225.)
SECTION 2. This Act shall not apply to persons
convicted of offenses punished with death penalty or
life-imprisonment; to those convicted of treason,
conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition
or espionage; to those convicted of piracy; to those
who are habitual delinquents; to those who have
escaped from confinement or evaded sentence; to
those who having been granted conditional pardon by
the Chief Executive shall have violated the terms
thereof; to those whose maximum term of
imprisonment does not exceed one year, not to those
already sentenced by final judgment at the time of
approval of this Act, except as provided in Section 5
hereof. (As amended by Act No. 4225.)
SECTION 3. There is hereby created a Board of Pardons
and Parole to be composed of the Secretary of Justice
who shall be its Chairman, and four members to be
appointed by the President, with the consent of the
Commission on Appointments who shall hold office for
a term of SIX YEARS: Provided, That one member of
the board shall be a trained SOCIOLOGIST, one a
CLERGYMAN or EDUCATOR, one PSYCHIATRIST unless
a trained psychiatrist be employed by the board, and
the other members shall be PERSONS QUALIFIED FOR
SUCH WORK BY TRAINING AND EXPERIENCE. At least
one member of the board shall be a WOMAN. Of the
members of the present board, two shall be
designated by the President to continue until
December thirty, nineteen hundred and sixty-six and
the other two shall continue until December thirty,
nineteen hundred and sixty-nine. In case of any vacancy
in the membership of the Board, a successor may be
appointed to serve only for the unexpired portion of
the term of the respective members. (As amended by
Republic Act No. 4203, June 19, 1965.)
FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS
AND PAROLE
SECTION 4. The Board of Pardons and Parole is
authorized to adopt such rules and regulations as may
be necessary for carrying out its functions and duties.
The Board is empowered to call upon any bureau,
office, branch, subdivision, agency or instrumentality of
the Government for such assistance as it may need in
connection with the performance of its functions. A
majority of all the members shall constitute a quorum
and a majority vote shall be necessary to arrive at a
decision. Any dissent from the majority opinion shall be
reduced to writing and filed with the records of the
proceedings. Each member of the Board, including the
Chairman and the Executive Officer, shall be entitled to
receive as compensation fifty pesos for each meeting
actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the
Revised Administrative Code, and in addition thereto,
reimbursement of actual and necessary travelling
expenses incurred in the performance of duties:
Provided, however, That the Board meetings will not
be more than three times a week. (As amended by
Republic Act No. 4203, June 19, 1965.)
SECTION 5. It shall be the duty of the Board of
Indeterminate Sentence to look into the physical,
mental and moral record of the prisoners who shall be
eligible to parole and to determine the proper time of
release of such prisoners. Whenever any prisoner shall
have served the minimum penalty imposed on him, and
it shall appear to the Board of Indeterminate Sentence,
from the reports of the prisoner’s work and conduct
which may be received in accordance with the rules
and regulations prescribed, and from the study and
investigation made by the Board itself, that such
prisoner is fitted by his training for release, that there is
a reasonable probability that such prisoner will live and
remain at liberty without violating the law, and that
such release will not be incompatible with the welfare
of society, said Board of Indeterminate Sentence may,
in its discretion, and in accordance with the rules and
regulations adopted hereunder, authorize the release
of such prisoner on parole, upon such terms and
conditions as are herein prescribed and as may be
prescribed by the Board. The said Board of
Indeterminate Sentence shall also examine the records
and status of prisoners who shall have been convicted
of any offense other than those named in Section 2
hereof, and have been sentenced for more than one
year by final judgment prior to the date on which this
Act shall take effect, and shall make recommendation
in all such cases to the Governor-General with regard to
the parole of such prisoners as they shall deem
qualified for parole as herein provided, after they shall
have served a period of imprisonment not less than the
minimum period for which they might have been
sentenced under this Act for the same offense.
SECTION 6. Every prisoner released from confinement
on parole by virtue of this Act shall, at such times and in
such manner as may be required by the conditions of
his parole, as may be designated by the said Board for
such purpose, report personally to such government
officials or other parole officers hereafter appointed by
the Board of Indeterminate Sentence for a period of
surveillance equivalent to the remaining portion of the
maximum sentence imposed upon him or until final
release and discharge by the Board of Indeterminate
Sentence as herein provided. The officials so
designated shall keep such records and make such
reports and perform such other duties hereunder as
may be required by said Board. The limits of residence
of such paroled prisoner during his parole may be fixed
and from time to time changed by the said Board in its
discretion. If during the period of surveillance such
paroled prisoner shall show himself to be a law-abiding
citizen and shall not violate any of the laws of the
Philippine Islands, the Board of Indeterminate
Sentence may issue a final certificate of release in his
favor, which shall entitle him to final release and
discharge.
SECTION 7. The Board shall file with the court which
passed judgment on the case, and with the Chief of
Constabulary, a certified copy of each order of
conditional or final release and discharge issued in
accordance with the provisions of the next preceding
two sections.
SECTION 8. Whenever any prisoner released on parole
by virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his parole,
the Board of Indeterminate Sentence may issue an
order for his re-arrest which may be served in any part
of the Philippine Islands by any police officer. In such
case the prisoner so re-arrested shall serve the
remaining unexpired portion of the maximum sentence
for which he was originally committed to prison, unless
the Board of Indeterminate Sentence shall, in its
discretion, grant a new parole to the said prisoner. (As
amended by Act No. 4225.)
SECTION 9. Nothing in this Act shall be construed to
impair or interfere with the powers of the Governor-
General as set forth in Section 64(i) of the Revised
Administrative Code or the Act of Congress approved
August 29, 1916 entitled “An Act to declare the purpose
of the people of the United States as to the future
political status of the people of the Philippine Islands,
and to provide a more autonomous government for
those Islands.”
SECTION 10. Whenever any prisoner shall be released
on parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised
Administrative Code.
Effective on December 5, 1933.
INDETERMINATE SENTENCE LAW
PRIMER- Instead of imposing a “straight” penalty,
the court must determine two penalties (maximum and
minimum)
I. 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).
II. COVERAGE
A. GENERAL RULE: All persons convicted of certain
crimes under Philippine courts
B. 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 delinquents
 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)
III. 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
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
J. IMPLEMENTING RULES AND
REGULATION ON PAROLE AND
PARDON – Nov. 26, 2002
Pursuant to the provisions of Section 4 of Act No.
4103, "The Indeterminate Sentence Law", as amended,
the following Rules and Regulations are hereby
promulgated to govern the actions and proceedings of
the Board of Pardons and Parole:
I. GENERAL PROVISIONS
SEC. 1. Policy Objectives - Under the provisions of Act
No. 4103, as amended, otherwise known as the
"Indeterminate Sentence Law", which was approved
on December 5, 1933, it is the function of the Board of
Pardons and Parole to uplift and redeem valuable
human material to economic usefulness and to prevent
unnecessary and excessive deprivation of personal
liberty by way of parole or through executive
clemency. Towards this end, 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,
3. Recommends to the President of the
Philippines the grant of any form of executive
clemency to prisoners other than those
entitled to parole.
SEC. 2. Definition of Terms - As used in these Rules,
unless the context indicates otherwise-
e. "Board" refers to the Board of Pardons and
Parole;
f. "Executive Director" refers to the Executive
Director/Secretary of the Board;
g. "Administration" refers to the Parole and
Probation Administration;
a. "Administrator" refers to the Administrator of
the Parole and Probation Administration;
b. "Regional Director" refers to the Head of the
Parole and Probation Administration in the
region;
c. "Probation and Parole Officer" refers to the
Probation and Parole Officer undertaking the
supervision of the client;
d. "Director" refers to the Director of the Bureau
of Corrections;
e. "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;
f. "Warden"refers to the Officer-In-Charge of the
Provincial, City, Municipal or District Jail;
g. "Carpeta" refers to the institutional record of
an inmate which consists of his mittimus or
commitment order issued by the Court after
conviction, the prosecutor's information and
the decisions of the trial court and the
appellate court, if any; certificate of non-
appeal, certificate of detention and other
pertinent documents of the case;
h. "Prison Record" refers to information
concerning an inmate's personal
circumstances, the offense he committed, the
sentence imposed, the criminal case number in
the trial and appellate courts, the date he
commenced serving his sentence, the date he
was received for confinement, the place of
confinement, the date of expiration of the
sentence, the number of previous convictions,
if any, and his behavior or conduct while in
prison;
i. "Parole" refers to the conditional release of an
offender from a correctional institution after
he has served the minimum of his prison
sentence;
j. "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;
k. "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;
l. "Commutation of Sentence" refers to the
reduction of the duration of a prison sentence
of a prisoner;
m. "Conditional Pardon" refers to the exemption
of an individual, within certain limits or
conditions, from the punishment which the
law inflicts for the offense he had committed
resulting in the partial extinction of his criminal
liability;
n. "Absolute Pardon" refers to the 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 remits the penalty
imposed for the particular offense of which he
was convicted;
o. "Petitioner" refers to the prisoner who applies
for the grant of executive clemency or parole;
p. "Parolee" refers to a prisoner who is released
on parole;
q. "Pardonee" refers to a prisoner who is
released on conditional pardon;
r. "Client" refers to a parolee/pardonee who is
placed under supervision of a Probation and
Parole Officer;
s. "Release Document" refers to the Conditional
Pardon/Absolute Pardon issued by the
President of the Philippines to a prisoner or to
the "Discharge on Parole" issued by the Board;
t. "Parole Supervision" refers to the
supervision/surveillance by a Probation and
Parole Officer of a parolee/pardonee;
u. "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 latter's final release and
discharge;
v. "Progress Report" refers to the report
submitted by the Probation and Parole Officer
on the conduct of the parolee/pardonee while
under supervision;
w. "Infraction Report" refers to the report
submitted by the Probation and Parole Officer
on violations committed by a
parolee/pardonee of the conditions of his
release on parole or conditional pardon while
under supervision.
SEC. 3. National Prisoner Confined in a Local Jail - The
Board may not consider the release on pardon/parole
of a national prisoner who is serving sentence in a
municipal, city, district or provincial jail unless the
confinement in said jail is in good faith or due to
circumstances beyond the prisoner's control.
A national prisoner, for purposes of these
rules, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine
of more than five thousand pesos (Php. 5,000); or
regardless of the length of sentence imposed by the
court, to one sentenced for violation of the customs
law or other laws within the jurisdiction of the bureau
of customs or enforceable by it, or to one sentenced to
serve two (2) or more prison sentences in the
aggregate exceeding the period of three (3) years.
IS NATIONAL PRISONER CONFINED IN A LOCAL
JAIL CAN BE RELEASE ON PARDON/PAROLE?
No, unless his confinement in said jail is in good
faith or due to circumstances beyond the prisoner's
control.
WHO ARE NATIONAL PRISONERS UNDER THE
RULES?
The following are the National Prisoners:
1. Those WHO IS SENTENCED TO A
MAXIMUM TERM OF IMPRISONMENT
OF MORE THAN THREE (3) YEARS or to a
fine of more than five thousand pesos
(Php. 5,000);
2. Those who SENTENCED FOR VIOLATION
OF THE CUSTOMS LAW OR OTHER LAWS
WITHIN THE JURISDICTION OF THE
BUREAU OF CUSTOMS or enforceable by
it, regardless of the length of sentence
imposed by the Court; and
3. Those one sentenced to serve two (2) or
more prison sentences in the aggregate
exceeding the period of three (3) years.
SEC. 4. Scope of Authority - The Board may consider
the case of a prisoner for executive clemency or parole
only after his case has become final and executory. It
will not take action on the petition of a prisoner who
has a pending criminal case in court or when his case is
on appeal.
In case the prisoner has one or more co-accused who
had been convicted, the Director/Warden concerned
shall forward their prison records and carpetas at the
same time.
II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE
SEC. 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:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
Petitions for parole shall be addressed to the Chairman
or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases
for parole, commutation of sentence or conditional
pardon of deserving prisoners whenever the interest of
justice will be served thereby.
SEC. 6. Contents of Petition - A petition for
parole/executive clemency shall state the name of the
prisoner, his age, previous criminal record, if any,
whether a Filipino citizen or an alien and, if a
naturalized Filipino, his former nationality and date of
naturalization, his previous occupation, place of
residence, present crime for which he was convicted,
the trial/appellate court, his penalty of imprisonment,
fine, indemnity and the commencing date thereof, the
jail or prison to which he was committed and/or where
he is presently confined, the date he was received for
confinement, the grounds upon which executive
clemency is being asked and certification from the trial
court that his case is not on appeal.
In addition to the above-mentioned data, a petition for
absolute pardon shall be under oath and shall include
the date the petitioner was released from prison after
service of sentence or released on parole/pardon or
terminated from probation.
SEC. 7. Supporting Documents of Petition for Absolute
Pardon - The petition for absolute pardon shall be
accompanied by -
a. the affidavits of at least two (2) responsible
members of the community where the
petitioner resides. The affidavits shall, among
others, state that the petitioner has conducted
himself in a moral and law-abiding manner
since his release from prison and shall indicate
the petitioner's occupation and his social
activities including religious involvement;
b. the clearances from the National Bureau of
Investigation, the Philippine National Police,
the Prosecutor's Office, the Municipal Circuit
Trial Court, the Municipal Trial Court, the
Municipal Trial Court in Cities, the
Metropolitan Trial Court and the Regional Trial
Court where petitioner resides;
c. proof of payment of indemnity and/or fine, or
in lieu thereof, certification from the
City/Municipal Treasurer or Probation and
Parole Officer on his financial condition; and,
 d. proof of service of sentence or certificate of SEC. 11. Prisoners not Eligible for Executive Clemency - Prisoners wh
Final Release and Discharge or court's are not eligible for executive clemency for a period of one (1) year fro
Termination Order of probation. prison or conviction for evasion of service of sentence.

SEC. 8. Referral of Petition for Absolute Pardon to a Probation SEC. and Parole
12. Transmittal
Officer of Carpeta and Prison Record - In executive clem
for absolute pardon, the Board shall refer the petition to a Probation
concernedand Parole
shall forward
Officer whothe shall
prisonconduct
record an and carpeta of a petiti
investigation on the conduct and activities, as well as the social eligibility
and economic for conditions,
review ofasthe petitioner
specified in Sections
prior to his conviction and since his release from prison and submitThe Director
a reportorthereof
Wardenwithinconcerned
fifteenshall
(15) also
daysfurnish the Board and
from receipt of the referral. day of every month, a list of prisoners whose minimum sentences wi
who may be considered for executive clemency.
SEC. 9. Referral of Petition for Executive Clemency/Parole to Other Government Agencies
executive clemency shall be referred by the Board to the Secretary of National Defense for comment and IV. PAROLE
recommendation if the crime committed by the petitioner is against SEC. national
13. Review security
of Cases
or public
for Parole
order- orUnless
law of otherwise disqualified u
nations. In case of violation of election laws, rules and regulations,
parolea petition
of a prisoner
for executive
shall beclemency/parole
reviewed upon a showing that he
shall be referred to the Commission on Elections for favorable indeterminate
recommendation, sentence,provided,
the maximum
however, period
that of which exceeds one
regardless of the crime committed, a petition for executive conviction
clemency/parole
and may that be he referredhas for served
a the minim
pre-parole/executive clemency investigation to a Probation and Parole Officer who shall submit a report on the
behaviour, character antecedents, mental and physical conditionSEC. of the
14. Grant
petitioner
of Parole
within- Athirty
prisoner
(30)may
daysbe from
granted parole wheneve
receipt of referral, to include the results of the National Bureau of
probability
Investigation
thatrecords
if released,
check.he will be law-abiding and that his release
In case of an alien, the petition shall be referred to the Department
and of Foreign Affairs for comment welfare and
recommendation.
SEC. 15. Disqualification for Parole - The following prisoners shall not
III. EXECUTIVE CLEMENCYa. Those convicted of an offense punished with Death penalty,
b. Those convicted of treason, conspiracy or proposal to comm
SEC. 10. Review of Cases for Executive Clemency - Petitions for executive c. Those clemency
convicted mayof be
misprision
reviewed of if
treason,
the rebellion, sedition
prisoners meet the following minimum requirements : d. Those convicted of piracy or mutiny on the high seas or Philip
A. For Commutation of Sentence - e. Those who are habitual delinquents i.e. those who, within a
1. The prisoner shall have served at least one-third (1/3) releaseof the minimum
from prison of or
hislast
indeterminate
conviction of the crimes of seriou
and/or definite sentence or the aggregate minimum theft, of hisestafa
indeterminate
and falsification,
and/or aredefinite
found guilty of any of said
sentences. f. Those who escaped from confinement or evaded sentence;
2. At least ten (10) years for prisoners sentenced to reclusion
g. Those perpetua
who were or life
granted
imprisonment
Conditional forPardon and violated an
crimes or offenses committed before January 1, 1994. h. Those whose maximum term of imprisonment does not e
3. At least twelve (12) years for prisoners whose sentences sentence;
were adjusted to a definite prison
term of forty (40) years in accordance with the provisions
i. Those ofsuffering
article 70from of the
anyrevised
mental penal
disorder as certified by a go
code, as amended. j. Those whose conviction is on appeal;
4. At least fifteen (15) years for prisoners convicted ofk.heinous
Thosecrimes
who haveas defined
pendingincriminal
republiccase/s.
act
no. 7659 and other special laws committed on or after January 1, 1994 and sentenced to one
or more reclusion perpetua or life imprisonmentSEC. 16. Deferment of Parole When Safety of Prisoner/Victim/Relat
5. At least twenty (20) years in case of one (1) or more
baseddeathon thepenalty/penalties,
Pre-Parole Investigation
which was/were
Report conducted on the p
automatically reduced or commuted to one evidence
(1) orthatmorehis release
reclusion on parole
perpetua will or
endanger
life his own life and th
imprisonment; well-being of the victim, his relatives, his witnesses and the commu
B. For Conditional Pardon, the prisoner shall have serveddeferredat least until
one-half
the danger
(1/2) ofceases.
the minimum of his
original indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of
V. PROCEEDINGS OF THE BOARD
a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served at
least one-half (1/2) of the maximum of his original indeterminate sentence before his case may be
SEC. 17. Interview of Prisoners - Any Board member or
reviewed for conditional pardon.
government official authorized by the Board may
C. For Absolute Pardon, after he has served his maximum sentence or granted final release and discharge
interview prisoners confined in prison or jail to
or court termination of probation. However, the Board may consider a petition for absolute pardon
determine whether or not they may be released on
even before the grant of final release and discharge under the provisions of Section 6 of Act No. 4103,
parole or recommended for executive clemency.
as amended, as when the petitioner: (1) is seeking an appointive/elective public position or
The Board or its authorized representatives shall
reinstatement in the government service; (2) needs medical treatment abroad which is not available
interview an inmate who was sentenced to Reclusion
locally; (3) will take any government examination; or (4) is emigrating.
Perpetua or Life imprisonment, or whose sentence had
been commuted from Death to Reclusion Perpetua.
Before an interview, the Board may require a prisoner
convicted of a heinous crime as defined under Republic
Act No. 7659 and other special laws to undergo
psychological/psychiatric examination if the prisoner
has a history of mental instability, or in any case, if the
Board finds a need for such examination in the light of
the nature of the offense committed or manner of its
commission.
SEC. 18. Publication of those Eligible for Executive
Clemency/Parole - The Board shall cause the
publication in a newspaper of general circulation the
names of prisoners convicted of heinous crimes or
those sentenced by final judgment to Reclusion
Perpetua or Life imprisonment, who may be
considered for release on parole or for
recommendation for absolute or conditional pardon.
SEC. 19. Objections to Petitions - When an objection is
filed, the Board may consider the same by requesting
the person objecting to attach thereto evidence in
support thereof. In no case, however, shall an
objection disqualify from executive clemency/parole
the prisoner against whom the objection is filed.
SEC. 20. Documents to be Considered - The carpeta and
prison record of the prisoner and other relevant
documents, such as the mittimus or commitment
order, prosecutor's information and trial/appellate
court's decision of the case of the prisoner shall be
considered by the Board in deciding whether or not to
recommend executive clemency or to grant parole.
In case the prisoner has one or more co-accused who
had been convicted, the Board shall consider at the
same time the prison records and carpetas of said co-
accused.
SEC. 21. Factors to be Considered in Petition for
Conditional Pardon, Commutation of Sentence or
Parole - The following factors may be considered by
the Board in the grant of conditional pardon,
commutation of sentence or parole:
a. the age of the petitioner, the gravity of the
offense and the manner in which it was
committed, and the institutional behavior or
conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately
employed upon release;
c. a showing that the petitioner has a place
where he will reside;
d. availability of after-care services for the
petitioner who is old, seriously ill or suffering
from a physical disability;
e. attitude towards the offense and the degree
of remorse; and,
f. the risk to other persons, including the victim,
his witnesses, his family and friends, or the
community in general, the possibility of
retaliation by the victim, his family and friends.
SEC. 22. Special Factors - The Board may give special
consideration to the recommendation for
commutation of sentence or conditional pardon
whenever any of the following circumstances are
present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and
above;
c. physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
d. serious illness and other life-threatening
disease as certified by a government physician;
e. those prisoners recommended for the grant of
executive clemency by the trial/appellate court
as stated in the decision;
f. alien prisoners where diplomatic
considerations and amity between nations
necessitate review;
g. circumstances which show that his continued
imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his
co-inmates; and,
h. such other similar or analogous circumstances
whenever the interest of justice will be served
thereby.
FACTORS THAT THE PAROLE BOARD CONSIDERS FOR
ELIGIBILITY
A common misconception is that just because a convict
is eligible for parole, he will be automatically released and
paroled into the community. Equally, just because the
convict has served enough of his jail term does not mean he
will be released without review. Neither are accurate. The
fact of the matter is that some inmates (e.g., Charles
Manson) are never found suitable for parole and will serve
the rest of their term inside the prison walls.
Public safety and assisting the offender in
reintegrating into the community are the most important
considerations in any parole decision. Is the inmate willing
and ready to re-enter the community as a law-abiding
 citizen and contribute to a safer society? Can the inmate’s
release back into society harm the general public? All
relevant information is considered.
The parole board in its decision-making process will
consider the following information and criteria about the
inmate:
1. age,
2. mental stability,
3. marital status,
4. education or vocational training,
5. remorse for the offense,
6. time served on the current offense,
7. prior criminal history,
8. type and severity of offense,
9. behavior, habits, traits,
10. rehabilitative efforts/progress, and
11. conduct during incarceration.
SEC. 23. Meetings - The Board shall meet in executive
session regularly or upon the call of the Chairman.
SEC. 24. Quorum - A majority of all the members of the
Board shall constitute a quorum.
SEC. 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 conditions
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.
The minutes of the meeting of the Board shall show
the votes of its individual members and the reason or
reasons for voting against any matter presented for
the approval of the Board. Any dissent from the
majority opinion to grant or deny parole shall be
reduced in writing and shall form part of the records of
the proceedings.
SEC. 26. Executive Clemency/Parole of An Alien - The
Board may recommend the grant of executive
clemency or grant parole to a prisoner who is an alien.
In such a case, the alien who is released on parole or
pardon shall be referred to the Bureau of Immigration
for disposition, documentation and appropriate action.
VI. PAROLE SUPERVISION
SEC. 27. Parole Supervision - After release from
confinement, a client shall be placed under the
supervision of a Probation and Parole Officer so that
the former may be guided and assisted towards
rehabilitation.
The period of parole supervision shall extend up to the
expiration of the maximum sentence which should
appear in the Release Document, subject to the
provisions of Section 6 of Act No. 4103 with respect to
the early grant of Final Release and Discharge.
SEC. 28. Form of Release Document - The form of the
Release Document shall be prescribed by the Board
and shall contain the latest l"x1" photograph and right
thumbprint of the prisoner.
SEC. 29. Transmittal of Release Document - The Board
shall send a copy of the Release Document to the
prisoner named therein through the Director of
Corrections or Warden of the jail where he is confined
who shall send a certification of the actual date of
release of prisoner to the Probation and Parole Officer.
SEC. 30. Initial Report - Within the period prescribed in
his Release Document, the prisoner shall present
himself to the Probation and Parole Officer specified in
the Release Document for supervision.
If within forty five (45) days from the date of release
from prison or jail, the parolee/pardonee concerned
still fails to report, the Probation and Parole Officer
shall inform the Board of such failure, for appropriate
action.
SEC. 31. Arrival Report - The Probation and Parole
Officer concerned shall inform the Board thru the
Technical Service, Parole and Probation Administration
the date the client reported for supervision not later
than fifteen (15) working days therefrom.
SEC. 32. Mandatory Conditions of Supervision - It shall
be mandatory for a client to comply with the terms and
conditions appearing in the release document.
SEC. 33. Review and Modification of Conditions - The
Board may, upon the recommendation of the
Probation and Parole Officer, revise or modify the
terms and conditions appearing in the Release
Document.
SEC. 34. Transfer of Residence - A client 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 by
the Board.
SEC. 35. Outside Travel - A Chief Probation and Parole
Officer may authorize a client 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.
SEC. 36. Travel Abroad and/or Work Abroad - Any
parolee or pardonee 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.
SEC. 37. Death of Client - If a client dies during
supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of the
client'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 client resided, shall suffice.
VII. INFRACTION/VIOLATION OF THE TERMS AND
CONDITIONS OF THE RELEASE DOCUMENT
SEC. 38. Progress Report - When a parolee/pardonee
commits another offense during the period of his
parole surveillance, and the case filed against him has
not yet been decided by the court, a Progress Report
should be submitted by the Probation and Parole
Officer to the Board.
SEC. 39. Report of Parole Infraction/Violation - 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 shall be immediately reported by
his Probation and Parole Officer to the Board. The
report shall be called Infraction Report when the client
has been subsequently convicted of another crime.
SEC. 40. Arrest of Client - Upon receipt of an Infraction
Report, the Board may order the arrest or
recommitment of the client.
SEC. 41. Effect of Recommitment of Client - The client
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.
SEC. 42. Cancellation of Pardon/Parole - The Board may
recommend the cancellation of the pardon or cancel
the grant of parole of a client if it finds that material
information given by said client to the Board, either
before or after release, was false, or incomplete or that
the client had willfully or maliciously concealed material
information from the Board.
SEC. 43. Review of Case of Recommitted Parolee - The
Board may consider the case of a recommitted parolee
for the grant of a new parole after the latter shall have
served one-fourth (1/4) of the unserved portion of his
maximum sentence.
VIII. TERMINATION OF PAROLE AND CONDITIONAL
PARDON SUPERVISION
SEC. 44. Certificate of Final Release and Discharge -
After the expiration of the maximum sentence of a
client, the Board shall, upon the recommendation of
the Chief Probation and Parole Officer that the client
has substantially complied with all the conditions of his
parole/pardon, issue a certificate of Final Release and
Discharge to a parolee or pardonee. However, even
before the expiration of maximum sentence and upon
the recommendation of the Chief Probation and Parole
Officer, the Board may issue a certificate of Final
Release and Discharge to a parolee/pardonee pursuant
to the provisions of Section 6 of Act No. 4103, as
amended.
The clearances from the police, court, prosecutor's
office and barangay officials shall be attached to the
Summary Report.
Sec. 45. Effect of Certificate of Final Release and
Discharge - Upon the issuance of a certificate of Final
Release and Discharge, the parolee/pardonee shall be
finally released and discharged from the conditions
appearing in his release document. However, the
accessory penalties of the law which have not been
expressly remitted therein shall subsist.
SEC. 46. Transmittal of Certificate of Final Release and
Discharge - The Board shall forward a certified true
copy of the certificate of Final Release and Discharge to
the Court which sentenced the released client, the
Probation and Parole Officer who has supervision over
him, the client, the Bureau of Corrections, the National
Bureau of Investigation, the Philippine National Police
and the Office of the President.
IX. REPEALING AND EFFECTIVITY CLAUSES
SEC. 47. Repealing Clause - All existing rules,
regulations and resolutions of the Board which are
inconsistent with these Rules are hereby repealed or
amended accordingly.

SEC. 48. Effectivity Clause - These Rules shall take

effect upon approval by the Secretary of Justice and
fifteen (l5) days after its publication in a newspaper of
general circulation.