PAROLE

Parole is the conditional release of a convict from imprisonment after serving the
minimum period of a prison sentence after application of the Indeterminate
Sentence Law.

The following persons are not eligible for parole:

1. Generally, those to whom the Indeterminate Sentence Law does not apply;

2. Those who are convicted and sentenced to reclusion perpetua;

3. Those who are sentenced to serve a straight penalty (as opposed to an

indeterminate penalty); and

4. Those who have served the minimum period of their indeterminate sentence but
are deemed disqualified by the Board of Pardons and Parole under the
Department of Justice.
HOW IS PAROLE PROCESSED?

1. For parole to be possible the court must impose an indeterminate sentence

having a minimum and maximum period. It is the service of the minimum period
of the sentence that may allow the grant of parole;

2. When the convict has served the minimum period of his parole, the Board of
Pardons and Parole shall review the record of the convict from the time that he is
admitted into the penal institution to serve sentence and shall determine the
following:

i. The physical condition of the convict – if the convict is suffering from a

serious illness or is otherwise physically unable to continue with the
sentence, he may be granted parole after other grounds have been
considered;
ii. The mental condition of the convict – if the convict is found to be of sound
mind, he may be qualified for parole. A convict found to be of unsound
mind will be transferred to a mental treatment facility.

iii. The moral record of the convict – a convict who has a good moral record
may be recommended for parole.
HOW IS PAROLE PROCESSED? (Continuation)

3. When the Board is satisfied that the convict is physically, mentally and morally
qualified, the Board will determine the following:

i. Whether there is a reasonable probability that the convict if released will

not violate any other law;

ii. Whether the release of the convict will not be incompatible with the
welfare of society. Otherwise stated, the release of the convict will not
endanger the public or will cause public shock, outrage or disgust. An
illustrative case here is the possible release of a serial rapist who has not
shown remorse from his crimes. His release may cause public outrage,
hence his release will not be compatible with the welfare of society.

4. If the Board is satisfied with the above determinations, it will formulate the
conditions of release which the convict must observe as a parolee.
CONDITIONS OF PAROLE

Being a conditional release, the parolee may be subject to any or all of, but not
limited to, the following conditions:

1. To be under surveillance by law enforcement officers. The period of surveillance

is equivalent to the remaining period of the maximum sentence imposed by the
court and may be terminated earlier by the Board at its discretion;

2. Not to change residence without informing the Board, and to obey any order by
the Board to change residence (as in the case where the parolee resides in the
same place where his victim also resides, the Board may order the parolee to
change his residence);

3. To engage himself in lawful and gainful employment and to provide sufficient

support to his family, if any;

4. To support a charitable undertaking or to join activities for charitable causes;

5. Other conditions as the Board may deem proper.

TERMINATION OF PAROLE

Parole may be terminated when:

1. The period of surveillance corresponding to the remaining portion of the

maximum sentence imposed by the court has expired;

2. Before the expiry of the period of surveillance the Board is satisfied that the
parolee has proven himself to be a reformed and law-abiding citizen and that he
will not violate any other law;
3. The parolee dies before the period of surveillance has expired;

In the above three cases, the Board shall issue a Final Certification of Release in
favor of the parolee, which entitles him to final release and discharge. The
penalty will have been fully satisfied.
4. The parolee violates any condition of his parole during the period of surveillance.
In this case the Board shall report the matter to the court issuing the sentence,
who shall issue a warrant for the parolee’s arrest. The parolee shall serve the
unexpired portion of the maximum penalty before the parole. At the Board’s
discretion, and in lieu of imprisonment it may impose stricter conditions upon the
parolee.
PROBATION

Probation is a disposition under which the accused, after conviction and sentence is
released subject to conditions imposed by the court and to the supervision of a
probation officer.

It is a benefit granted to a convict where he will not suffer the penalty of

imprisonment subject to his obedience to certain conditions of his probation.

How is probation availed of?

After a judgment of conviction is issued by the court but within the period within
which to appeal (within 15 days after judgment) a petition for probation must be
filed by the accused before the court issuing the judgment.

The court shall refer the petition to the Parole and Probation Board who shall
investigate if the accused is qualified for probation. It will transmit its findings back to
the court with the recommendation whether probation may be granted or not. The
court will act based on the recommendation of the Board.
RULES ON PROBATION

Probation may be granted if:

1. The accused has not appealed his conviction. Probation and appeal are
MUTUALLY EXCLUSIVE REMEDIES; if the accused decides to appeal his conviction
he forgoes the benefit of probation, and if the accused decides to ask for
probation he loses the right to appeal his conviction;

2. The accused is sentenced to a penalty the maximum of which is not more than 6
years imprisonment;

3. The accused was not convicted of subversion or any crime against national
security or public order;

4. The accused has not been previously convicted by final judgment for an offense
punishable by imprisonment of not less than 1 month and 1 day or a fine of not
less than Php200.00;
5. The accused has not been on probation before;

6. The accused is not serving sentence at the time the Probation Law took effect.
APPEAL and PROBATION

The general rule is that an accused who files his appeal is disqualified from seeking
probation, and that an accused who seeks probation loses his right to appeal his
conviction. A petition for probation will have the effect of a final judgment of
conviction upon the accused.

Query: An accused was sentenced to imprisonment of more than 6 years. May he

apply for probation?
Answer: No.

Follow-up: May the accused file his appeal instead?

Answer: Yes.

Follow-up: If the conviction of the accused was modified on appeal and his sentence
is reduced to less than 6 years imprisonment, may he avail of probation?
Answer: YES. By way of an exception. In this case the remedy of probation was
available for the accused FOR THE FIRST TIME. What the law on probation prohibits is
that the accused opted to appeal instead of avail of probation which was then
available to him.
APPEAL and PROBATION

In Arnel Colinares vs. People of the Philippines (GR No. 182748, December 13, 2011),
Colinares was convicted by the trial court for frustrated homicide and sentenced to
suffer imprisonment of 2 years and 4 months of prision correccional as minimum to
six years and 1 day of prision mayor as maximum. Since the maximum penalty
exceeds 6 years, he was not entitled to probation. He appealed his conviction.

On appeal Colinares’ conviction was reduced to attempted homicide, reducing his

penalty to four months of arresto mayor as minimum to two years and four months
of prision correccional as maximum.

Query: May Colinares avail of probation?

Answer: Yes. The Supreme Court ruled that while probation is a PRIVILEGE, the denial
of that privilege was not Colinares’ fault because at the time of his conviction
probation was not yet available. When Colinares availed of an appeal he did so not
because he chose to appeal over availing of probation but because that was the only
remedy available to him then.
The Colinares case can be accessed through
https://lawphil.net/judjuris/juri2011/dec2011/gr_182748_2011.html. I ask that you
take time to read this case if you have time. The discussion is very informative.
PERIOD OF PROBATION

1. If the accused was sentenced to imprisonment of not more than 1 year, the
period of probation shall not exceed 2 years;

2. If the accused was sentenced to imprisonment of more than 1 year, the period of
probation shall not be less than 2 years but not more than 6 years;

3. If the accused was sentenced to pay a fine only and he was made to undergo
subsidiary imprisonment in case of his insolvency, the period of probation shall
not be less than nor be more than twice the total number of days of subsidiary
imprisonment.

Ex. The accused was sentenced to pay a fine but by reason of insolvency he was
sentenced to serve subsidiary imprisonment of 30 days.

The period of his probation shall not be less than nor be more than twice the
total number of days of his subsidiary imprisonment. In simple words, the
probation shall not be less than or more than 60 days. In simpler words, the
period of probation will be twice the number of days of his subsidiary
imprisonment.