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Questions and Answers

What document refers to information concerning an inmate's personal circumstances?

Prison Record

What is the term used for the institutional record of an inmate, including their commitment order and court decisions?

Carpeta

A prisoner convicted of treason is eligible for parole.

False

A prisoner must have served at least one-third of their minimum sentence to be eligible for commutation of sentence.

<p>True</p> Signup and view all the answers

A prisoner convicted of a heinous crime must have served at least one-half of their maximum sentence to be eligible for conditional pardon.

<p>True</p> Signup and view all the answers

What is the term used for a prisoner who is released on conditional pardon?

<p>Pardonee</p> Signup and view all the answers

What is the term used for a parolee/pardonee who is placed under supervision?

<p>Client</p> Signup and view all the answers

What document is issued to a prisoner who has been granted either a conditional or an absolute pardon?

<p>Release Document</p> Signup and view all the answers

What type of report submitted by the Probation and Parole Officer details the conduct of a parolee/pardonee while under supervision?

<p>Progress Report</p> Signup and view all the answers

What type of report is filed by the Probation and Parole Officer when a parolee/pardonee commits another offense while under supervision?

<p>Progress Report</p> Signup and view all the answers

What type of report is submitted by the Probation and Parole Officer for violations committed by a parolee/pardonee?

<p>Infraction Report</p> Signup and view all the answers

The Board can order the arrest or recommitment of a client upon receipt of an Infraction Report.

<p>True</p> Signup and view all the answers

A client who is recommitted to prison will not be required to serve the remaining unexpired portion of their maximum sentence.

<p>False</p> Signup and view all the answers

Who is the Board required to notify in order to terminate parole supervision, including a certified true copy of the certificate? (Select all that apply)

<p>The Philippine National Police</p> Signup and view all the answers

What is the minimum number of members required to constitute a quorum for the Board?

<p>A majority</p> Signup and view all the answers

The Board can modify any of the terms and conditions appearing in a Release Document.

<p>True</p> Signup and view all the answers

A prisoner serving an indeterminate sentence with a maximum period of one year or less is eligible for parole review.

<p>False</p> Signup and view all the answers

The Board may grant parole if they believe there is a reasonable probability that the prisoner, if released, will be law-abiding and their release will not harm society.

<p>True</p> Signup and view all the answers

The Board can recommend the grant of executive clemency or parole to an alien.

<p>True</p> Signup and view all the answers

What is the term used for a prisoner who is released on parole?

<p>Parolee</p> Signup and view all the answers

What is the term used for the deferment of the implementation of a sentence?

<p>Reprieve</p> Signup and view all the answers

A formal petition for executive clemency addressed to the President of the Philippines must be submitted before the question of clemency can be reviewed.

<p>True</p> Signup and view all the answers

The Board may consider cases for parole, commutation of sentence, or conditional pardon, even without a petition, if it serves justice.

<p>True</p> Signup and view all the answers

A petition for parole or executive clemency must include the prisoner's age, previous criminal record, and current place of residence.

<p>True</p> Signup and view all the answers

A petition for absolute pardon should always include an affidavit from the petitioner.

<p>True</p> Signup and view all the answers

Affidavits from responsible community members supporting a petition for absolute pardon must include information about the petitioner's employment history.

<p>True</p> Signup and view all the answers

The Board may refer a petition for absolute pardon to a Probation and Parole Officer for investigation.

<p>True</p> Signup and view all the answers

A petition for executive clemency should be referred to the Secretary of National Defense if the crime committed was against national security.

<p>True</p> Signup and view all the answers

A petition for executive clemency should be referred to the Commission on Elections if the crime committed was related to election violations.

<p>True</p> Signup and view all the answers

The Board will only review cases for executive clemency if the prisoner meets specific minimum requirements.

<p>True</p> Signup and view all the answers

A prisoner cannot be considered for executive clemency if they have been previously convicted of a heinous crime.

<p>False</p> Signup and view all the answers

A prisoner serving a sentence of Reclusion Perpetua or Life Imprisonment for crimes committed before January 1, 1994, needs to have served at least ten years to be eligible for commutation of sentence.

<p>True</p> Signup and view all the answers

Prisoners who escaped or evaded service of their sentence are ineligible for parole.

<p>False</p> Signup and view all the answers

The Director or Warden is responsible for forwarding the carpeta and prison record of a petitioner at least one month before the eligibility review.

<p>True</p> Signup and view all the answers

The Board may only review a case for parole if the prisoner's sentence is indeterminate.

<p>False</p> Signup and view all the answers

A prisoner convicted of an offense punishable by Death penalty, Reclusion Perpetua, or Life Imprisonment, is generally ineligible for parole.

<p>True</p> Signup and view all the answers

The Board needs to interview a prisoner who received a sentence of Reclusion Perpetua or Life Imprisonment, or those who had their sentence commuted from Death to Reclusion Perpetua.

<p>True</p> Signup and view all the answers

The Board can require a prisoner convicted of a heinous crime to undergo psychological/psychiatric examination if there is evidence of mental instability.

<p>True</p> Signup and view all the answers

The Board may publish the names of prisoners convicted of heinous crimes or those sentenced to Reclusion Perpetua or Life Imprisonment.

<p>True</p> Signup and view all the answers

An objection filed against a petition, even if valid, cannot disqualify a prisoner from executive clemency or parole.

<p>True</p> Signup and view all the answers

The Board may reconsider the case of a recommitted parolee for a new parole, after the prisoner has served one-fourth of their remaining sentence.

<p>True</p> Signup and view all the answers

A client may transfer their residence without prior approval of the Regional Director.

<p>False</p> Signup and view all the answers

The Board may issue Final Release and Discharge to a client after they have served their maximum sentence, as long as they comply with the conditions of their parole or pardon.

<p>True</p> Signup and view all the answers

The Board can issue Final Release and Discharge to a client before their maximum sentence if it is recommended by the Probation and Parole Officer and it is aligned with the law.

<p>True</p> Signup and view all the answers

A client is required to report to the Probation and Parole Officer within forty-five days of their release from prison or jail.

<p>True</p> Signup and view all the answers

A Probation and Parole Officer must inform the Board about the client's arrival within fifteen working days.

<p>True</p> Signup and view all the answers

A client is prohibited from travelling outside their designated area for more than thirty days.

<p>False</p> Signup and view all the answers

A parolee or pardonee can apply for overseas work or travel abroad if there are no pending criminal cases against them.

<p>True</p> Signup and view all the answers

The Probation and Parole Officer is required to submit a death certificate to the Board if a client dies under supervision.

<p>True</p> Signup and view all the answers

The Probation and Parole Officer should immediately report any violation of parole conditions to the Board.

<p>True</p> Signup and view all the answers

A report of violation of parole conditions is considered an Infraction Report only if the client is subsequently convicted of another crime.

<p>True</p> Signup and view all the answers

The Board may recommend the cancellation of a pardon or parole if they determine that the client provided false or incomplete information.

<p>True</p> Signup and view all the answers

The Board can repeal existing rules and regulations that are inconsistent with the current rules.

<p>True</p> Signup and view all the answers

Study Notes

Non-Institutional Correction

  • This document outlines revised rules and regulations for the Board of Pardons and Parole.

Revised Rules and Regulations

  • The rules are based on Act No. 4103, known as the Indeterminate Sentence Law, amended.
  • The law was approved on December 5, 1933.
  • The Board of Pardons and Parole aims to uplift and rehabilitate individuals, preventing unnecessary imprisonment.

General Provisions

  • The Board of Pardons and Parole aims to improve human potential and reduce unnecessary incarceration.
  • Key responsibilities include:
    • Assessing the physical, mental, and moral state of eligible parolees and determining appropriate release times.
    • Supporting the rehabilitation of parolees and those under conditional pardon through supervision.
    • Recommending any form of executive clemency to prisoners.

Definition of Terms

  • "Board" refers to the Board of Pardons and Parole.
  • "Executive Director" refers to the Executive Director/Secretary of the Board.
  • "Administration" refers to the Parole and Probation Administration.
  • "Administrator" refers to the Administrator of the Parole and Probation Administration.
  • "Regional Director" refers to the Head of the Parole and Probation Administration in the region.
  • "Probation and Parole Officer" refers to the Officer conducting supervision of the client.
  • "Director" refers to the Director of the Bureau of Corrections.
  • "Penal Superintendent" refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for Women, and prison and penal farms.
  • "Warden" refers to the Officer-In-Charge of the Provincial, City, Municipal, or District Jail.
  • "Carpeta" refers to the prisoner's institutional record (mittimus, commitment order, prosecutor's information, trial court decisions, appeals, etc.).
  • "Prison Record" contains information about the inmate's personal circumstances, the offense, sentence, court records, confinement details, prior convictions, and behavior.
  • "Parole" refers to the conditional release from prison.
  • "Executive Clemency" encompasses Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions, and Commutation of Sentence.
  • "Reprieve" is the deferment of a sentence for a period of time.
  • "Commutation of Sentence" results in a reduction of a prisoner's sentence length.
  • "Conditional Pardon" partly exempts a person from punishment for a crime.
  • "Absolute Pardon" completely removes criminal liability, restoring the person's civil and political rights and dismissing penalties.
  • "Petitioner" is the prisoner who requests clemency or parole.
  • "Parolee" is a prisoner released on parole.
  • "Pardonee" is a prisoner released on conditional pardon.
  • "Client" is a parolee or pardonee under supervision.
  • "Release Document" is the Conditional Pardon/Absolute Pardon issued by the President or a discharge on parole from the Board.
  • "Parole Supervision" is the supervision/surveillance a Probation and Parole Officer performs to guide a client.
  • "Summary Report" details the supervision of a parolee/pardonee by the Probation and Parole Officer.
  • "Progress Report" documents the parolee/pardonee's conduct under supervision.
  • "Infraction Report" details any violation of parole conditions.

National Prisoner Confined in a Local Jail

  • The Board may not consider pardon/parole for a national prisoner serving a sentence in a local jail unless the confinement is justified and beyond the prisoner's control.
  • A national prisoner is someone sentenced to more than three years imprisonment or a fine exceeding five thousand pesos; or, regarding court sentences, someone sentenced for violating customs laws in the Bureau of Customs jurisdiction, or given two or more prison sentences in excess of three years.

Scope of Authority

  • The Board considers cases for executive clemency or parole only after the case is final and executory.
  • No actions are taken on petitions of prisoners with pending criminal cases or appeals.
  • The Director/Warden must provide prison records and carpetas for co-accused simultaneously.
  • These actions are determined by the Board if it is a necessary and justified cause and if there is a reasonable probability to uphold law-abiding conduct and avoid incompatibility to the interest and welfare of society

Filing of Petition-Executive Clemency/Parole

  • Formal petitions for executive clemency/parole must be addressed to the Chairman or Executive Director of the Board.
  • The Board can exercise motu proprio authority, meaning on its own initiative, to consider cases for parole, commutation of sentences, or conditional pardons where it sees appropriate.

Contents of Petition

  • The petition should include the prisoner's name, age, and criminal record (including whether Filipino or alien, former nationality, and date of naturalization).
  • Previous occupation, residence, current offense, court details, penalty, jail sentence commencement and current confinement details should be included
  • Grounds for executive clemency and a certification from the trial court stating the case isn't on appeal should be included as well
  • Absolute pardon petitions require additional data: the date of prison release
  • The documents supporting the petition for absolute pardon include affidavits from at least two community members.

Supporting Documents of Petition for Absolute Pardon

  • Clearances should be obtained from the National Bureau of Investigation, Philippine National Police, the Prosecutor's Office, Municipal/Metropolitan Trial, and Regional Trial Courts.
  • Proof of indemnity/fine (or certificate from the Treasurer) showing financial status will be required.
  • Evidence of proper service of sentence/court termination order.
  • These actions or situations that support and aid the case will then be sent through the necessary procedures.

Referral of Petition for Absolute Pardon to a Probation and Parole Officer-

  • Upon receiving an absolute pardon petition, the Board forwards to a Probation and Parole Officer.
  • The Officer investigates the petitioner's conduct, activities, social, and economic conditions before and after imprisonment.
  • The Officer submits the investigation and report within 15 days from referral date

Referral of Petition for Executive Clemency/Parole to Other Government Agencies

  • The Board forwards petitions to the Secretary of National defense concerning the national security or public order involving the petitioner.
  • In cases of election law violations, the petition is forwarded to the Commission on Elections.
  • Regardless of the crime, petitions can be forwarded for a pre-parole/executive clemency investigation to a Probation and Parole Officer to gather reports on behavior, attributes, and conditions.
  • An alien petition is forwarded to the Department of Foreign Affairs, including records of the National Bureau of Investigation. Reporting will be done within 30 days.

Review of Cases for Executive Clemency

  • Prisoners can petition for executive clemency if they meet minimum requirements.

Commutation of Sentence/Conditional Pardon—Minimum Requirements

  • Commutation: Served at least one-third (1/3) minimum sentence, or aggregate minimum. Or at least 10 years for life imprisonment, or Reclusion Perpetua. Or 12 years if sentence is adjusted. Or at least 15 years for heinous crimes, or 1994 special laws, sentenced or imprisonment, or 20 years or more for death penalty/reduced penalty.
  • Conditional Pardon: Served at least one-half (1/2) the minimum of the original indeterminate and/or definite sentence. In the case of heinous crime, the maximum length is at least one-half of the original indeterminate sentence.

Absolute Pardon-Minimum Requirements

  • May be considered even before final release if the prisoner seeks an appointive/elective position or government service re-instatement; needs medical treatment abroad (locally unavailable); intends to take a government exam; or is emigrating.

Prisoners not Eligible for Executive Clemency

  • Prisoners who escaped or evaded service of their sentence are ineligible for executive clemency for one year from the date of escape or their last recommitment.

Transmittal of Carpeta and Prison Record

  • Prison records and carpetas are to be forwarded to the Board by designated officials at least one month before a review.
  • A monthly list of those with minimum sentences expiring within 90 days will be provided to the Board.

Review of Cases for Parole

  • A case for parole will be reviewed if the prisoner is serving an indeterminate sentence exceeding one (1) year and has served the minimum period.

Grant of Parole

  • Parole is granted when there's a reasonable probability that the prisoner will be law-abiding and their release will not harm society.

Disqualification for Parole

  • Prisoners convicted of death penalty, Reclusion Perpetua, life imprisonment, treason, conspiracy, espionage, misprision of treason, rebellion, sedition, coup d'état, piracy, mutiny on Philippine waters, or habitual delinquency are disqualified.
  • Additional disqualification criteria include those who escaped or violated conditional pardon terms, or whose imprisonment is under one (1) year or have a mental disorder as certified by a specialist or those whose convictions are subject to appeal

Deferment of Parole When Safety of Prisoner/Victim/Relatives Compromised

  • Parole will be deferred if there's clear and convincing evidence that release will endanger the prisoner, relatives, victims, relatives, witnesses, or the community.

Interview of Prisoners

  • Any board member or authorized government official can interview prisoners to determine parole or clemency eligibility.

  • Prisoners with Reclusion Perpetua or Life sentences, or sentences commuted from Death to Reclusion Perpetua, must be interviewed.

  • Prior to an interview, the Board may require psychological/psychiatric examinations for heinous crime convicts or those with mental instability or if deemed necessary.

Publication of Those Eligible for Executive Clemency/Parole

  • The Board publishes the names of eligible prisoners in a reputable newspaper.

Objections to Petitions

  • If objections are raised, the Board requests supporting evidence from the objecting party..
  • Objections do not disqualify a prisoner from executive clemency/parole.

Documents to be Considered

  • The Board reviews the inmate's carpeta, prison records, mittimus, commitment order, prosecutor's information, and court decisions in granting or denying executive clemency/parole.
  • Co-accused's records must be considered simultaneously.

Factors to be Considered in Petition for Conditional Pardon, Commutation of Sentence or Parole

  • Age, gravity of the offense, method of crime, behavior, or conduct, and criminal record are considered.
  • Evidence of legitimate employment after release, place of residence, and availability/suitability for after-care services are also critical factors.
  • Sentimentality towards the offense, attitude, and remorse of the petitioner are considered as well.
  • Risk to other people, including victims, witnesses, family, friends, and the wider community
  • Possibility of retaliation by victims, families, and friends.

Special Factors

  • Young offenders, those aged 60 and older, prisoners with physical disabilities (bedridden, deaf mute, leper, cripple, or blind), severe illness, those recommended by trial/appellate court, and alien prisoners with diplomatic considerations/nation amity are considered.
  • Continued imprisonment posing inhuman circumstances or grave danger to prisoner and co-inmates.
  • Supporting the interest of justice for other analogous circumstances.
  • These factors may guide decision making when considering a petition for pardon/parole.

Meetings

  • The Board meets regularly or when called by the Chairman in executive session

Quorum

  • A majority of all the Board members constitutes a quorum.

Board Action

  • A majority of the Board members must agree to recommend clemency or parole, modify Release Document terms and conditions, order arrest and recommitment of a parolee/pardonee, or issue a Final Release and Discharge certificate.
  • Meeting minutes must reflect the vote tallies for individual members and the reasons behind votes against (or in favor of) any motion or decision.

Executive Clemency/Parole of An Alien

  • The Board can recommend executive clemency or parole for an alien prisoner, but the released alien will be forwarded to the Bureau of Immigration, Foreign Affairs, for disposition (processing, documentation, and action, etc.)

Parole Supervision

  • Parolees/pardonees are placed under Probation and Parole Officer guidance for rehabilitation.
  • Parole supervision continues until release expiration, or as per Act No. 4103

Form of Release Document

  • The Release Document's format, specifications, and layout are established by the Board.
  • A recent photograph and right thumbprint of the prisoner are essential in the document.

Transmittal of Release Document

  • The Board transmits a copy of the Release Document to the prisoner, through Corrections Director/Warden, who then certifies the release date to Probation/Parole Officers.

Initial Report

  • The parolee/pardonee must report to the Probation and Parole Officer within 45 days of release for supervision.
  • If a parolee/pardonee fails to report within 45 days, the Probation and Parole Officer reports it to the Board.

Arrival Report

  • The Probation/Parole Officer notifies the Board of the date a client reported to start supervision with 15 working days of the reported date to the board.

Mandatory Conditions of Supervision

  • Parolees/pardonees must comply with the release document conditions.

Review and Modification of Conditions

  • If needed, the Board, via the Probation and Parole Officer recommendation, can adjust release conditions as deemed necessary

Transfer of Residence

  • Parolees/pardonees cannot change their residence without formal written approval from the Regional Director, confirmed by the Board.

Outside Travel

  • Chief Officers of Probation/Parole can authorize 30 day travels outside operational areas.
  • Any travel period exceeding 30 days must be reviewed and approved by the Regional Director.

Travel Abroad

  • Active parolees/pardonees with no pending criminal cases can apply for overseas work or travel abroad. Applications are reviewed and confirmed by the Administrator and the Board.

Death of Client

  • In case of a client's death, the Probation/Parole Officer immediately sends a certified copy of the death certificate to the Board for case closure.
  • An affidavit (if no death certificate exists) from the barangay representative or an authorized person with knowledge is also acceptable.

Infraction/Violation of the Terms and Conditions of the Release Document

  • Any violation of release document terms or significant deviation from parole supervision is reported immediately by the Probation and Parole Officer to the Board.
  • When the client has committed another crime, it will be specified as an "Infraction Report."

Arrest of Client

  • The Board may order the arrest/recommitment of a parolee who violates the terms of his release from the Board

Effect of Recommitment

  • Upon recommitment to prison, the parolee serves what's left of the original maximum sentence.

Cancellation of Pardon/Parole

  • The Board can cancel or revoke a pardon or parole if it's determined that the information provided was false, incomplete, or purposely concealed.

Review of Case of Recommitted Parolee

  • The Board can reconsider a recommitted parolee's case for a new parole if the client has served one-fourth (1/4) of his unexpired sentence term.

Termination of Parole and Conditional Pardon Supervision

  • The Chief Probation and Parole Officer recommends the release and discharge certificate (with Board approval) after a client fulfills all parole terms.

Certificate of Final Release and Discharge

  • After the maximum sentence expires, the Chief Probation and Parole Officer recommends, and the Board issues, a Final Release and Discharge certificate to the parolee/pardonee.

  • Before expiration: The Board may issue a Final Release and Discharge based on Section 6 if the client satisfies the criteria. Supporting documents from the police, court, prosecutor's office, and the barangay are to be included in the report or Summary Report

Transmittal of Certificate of Final Release and Discharge

  • The Board forwards the Release and Discharge certificate to the court that convicted the client.
  • It is also forwarded to the client, and the Bureau of Correction, and the Officer who has supervision over the client. It should also be sent to the National Bureau of Investigation, the Philippine National Police, and the Office; etc.

Repealing and Effectivity Clauses

  • Existing, inconsistent rules and regulations of the Board are revoked or amended.
  • The rules take effect after approval by the Secretary of Justice and 15 days after publication in a newspaper.

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