CHAPTER VII

PAROLE
Overview
This chapter contents the definition of parole and its historical
development. It also explains the distinction between the parole and
probation, the advantage and disadvantage of parole, prisoners who are
qualified and disqualified for parole, the board of pardon and parole, the
Indeterminate Sentence Law (Act No. 4103) and the implementing rules
and regulations on parole and pardon.
Learning Outcomes
At the end of the topic, the students can:
 Define parole and other important terms.
 Discuss the historical development of parole.
 Differentiates parole from probation.
 Identify the advantage and disadvantage of parole.
 Enumerate the prisoners qualified and disqualified for parole.
 Identify the composition of the Boards of Pardon and Parole.
 Explain the important provisions of Act No. 4103 (1933) known as the
Indeterminate Sentence Law; and
 Identify important provisions of the Implementing Rules and
Regulations (IRR) on Parole and Pardon.

A. WHAT IS PAROLE?
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
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

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 that of justice will be served thereby, and to submit reports of said
investigation at least 60 days before the expiration of the
minimum sentence 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 trends 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, labor 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 method 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
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 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 Moconohie’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-og-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, behaviour 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 help them find jobs and generally oversaw their activities. The
concepts of intermediate prisons, assistance and supervision after release
were Crofton’s contribution 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 system, 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
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 Irish Prison in 1854 who
introduced the Irish System that was modified from the
Maconochie’s Mark System.

Zebulon Brockway, a Michigan penologist, is given credit for

implementing the first parole system in USA. 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
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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 right and congregate
workshop were adopted, extensive use of parole and
indeterminate sentence.

The Elmira Reformatory

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
month 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 way back up. Continued good behavior in the first grade
resulted in release. Paroled inmates remained under the jurisdiction of
authorities for an additional six months, during which the parolee was
required to report on the first day of every month to his appointed volunteer
guardian (from which parole officers evolved) and provide an account of his
situation and conduct (Abadinsky 1997). Written reports became required
and were submitted to the institute after being signed by the parolee’s
employer and guardian.
Indeterminate sentencing and parole spread rapidly through the
United States. In 1907, New York became the first state to formally adopt
all the components of a parole system: indeterminate sentences, a system
for granting release, post-release supervision and specific criteria for parole
violation. By 1927, only three states (Floride, Missisippi and Virginia) were
without a parole system and in 1942, all states and the federal government
had such systems (Clear and Cole 1997).
This differs from amnesty and commutation of sentence in that
parolees are still considered to be serving their sentences, and may be
returned to prison if they violate the conditions of their parole. A specific
type of parole is medical parole or compassionate release which is the
release of prisoners on medical or humanitarian grounds. Conditions of
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parole often include things such as obeying the law, refraining from drug
and alcohol use, avoiding contact with the parolee’s victims, obtaining
employment, and maintaining required contacts with a parole officer. Some
justice systems, such as the United States federal system, place defendants
on supervised released after serving their entire prison sentence, this is not
the same as parole. On Colorado, parole is an additional punishment after
the entire prison sentence is served-it is called “mandatory parole”.

CREATION OF PAROLE SYSTEM IN THE PHILIPPINES

It came into existence by the passage of Act No. 4103 as amended by
Acts 4203 and 4225, otherwise known as the Indeterminate Sentence Law,
which took effect on Dec. 5, 1933. Board of Pardons and Parole -
administers the Parole system in the country.

Act 4103-Otherwise known as the “Indeterminate Sentence Law”

(Took effect on December 13, 1933)
Board of Indeterminate Sentence

Amended by Executive Order 83, series of 1937-gave the Board authority

to advice the Chief Executive on the course or courses of action to
take on petitions for Executive Clemencies. Renamed the
Board of Indeterminate to Board of Pardons

Amended by Executive Order 94, otherwise known as the

“Reorganization Law of 1947”which abolished the
Board of Pardons and created the
Board of Pardons and Parole
C. DISTINCTION BETWEEN PAROLE AND PROBATION
These two concepts are sometimes used interchangeably, but there
are substantial differences between the two. Parole is a conditional release
from actual confinement under sentence of imprisonment, contingent upon
future conduct with respect to terms of parole, and the parolee is subject to
future confinement for the un-served portion of sentence in the events he
violates provisions of parole. While probation relates the action taken
before prison door is closed, and before final conviction, parole relates to
action taken after the prison door has been closed, and partakes of the
nature of pardon, for it suspends execution of penalty already imposed.
An order placing a defendant on probation is not a final judgment, but
is rather an “interlocutory judgment” in the nature of a conditional order
placing the defendant under the supervision of the court for his
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reformation, to be followed by a final judgment of discharge, if the
conditions of probation are complied with, or by a final judgment of
sentence if the conditions are violated.

The following are the other distinctions:

PAROLE PROBATION
Administrative function It is a judicial function exercise
exercised by the executive by the courts.
branch of the government
(executive function).
Granted to a prisoner only after Granted to an offender
he has serve the minimum of his immediately after conviction.
sentence.
It is an extension of institutional. It is substitute for
It is a conditional release of a imprisonment.
prisoner whereby he is placed Probation is an alternative to
under the supervision of a imprisonment. Instead of being
Parole Officer serving his confined in prison, the
minimum sentence. probationer is released to the
community by the court with
conditions to follow and is
placed under the supervision of
PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by Parole Probationer supervised by
Officer Probation Officer
Parole is administered by the Probation is handled by the
Parole Board Probation Administration
Parole does not restore full civil Probation is more beneficent
rights to parolee because it restores full civil
rights to the probationer upon
termination.
It is granted more than once, Probation is enjoyed only once
depending on good behaviour
during imprisonment
Convict must serve the minimum Probation is a community-based
of his sentence before the grant approach to reformation of
offenders.

D. ADVANTAGES AND DISADVANTAGES OF PAROLE

A. Advantages of Parole

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 Parole is a release of a prisoner who agrees to certain conditions upon
being released. An advantage of parole is that it can be used to award
prisoners for good behaviour during their sentence.
One of the other advantages is the economy factors. Releasing
prisoners on parole can force them get a job and no longer be a ward of the
state. The money from the prisoner’s job will then pay for state taxes and
further help out the government.
Another advantage is the thought of parole can cause prisoners to
serve their sentence peacefully until they reach the point where they can
be granted parole. This may lessen the amount of prisons fight and
altercations with the guards.
Parole is the early released of convicts from prison, prior to the
completion of their given sentence. Parole is issued based on good
behaviour or the parole board’s determination that the convict has been
sufficiently reformed to re-enter society. Therein lies its foremost
advantage: the provision of fresh opportunity and the chance to start
anew for criminals. It is also advantageous to the public to reduce the
number of people incarcerated, which can cause tens of thousands prisoner
per year. Furthermore, reducing incarceration rates is conducive to a free,
democratic society.

B. Disadvantage of Parole
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.

E. PRISONERS QUALIFIED AND DISQUALIFIED FOR PAROLE

A. Prisoners who are 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.
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 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 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 executory;
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 carpeta 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.

F. PRISONERS DISQUALIFIED FOR PAROLE: (Section 2, Act No.

4103)

1. Those person 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. Those who are habitual delinquents;
6. 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 definite sentence;
9. Those suffering from any mental disorder as certified by a psychiatric
report of the Bureau of Correction 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.

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 12. Those convicted of offenses punished with reclusion perpetua,
or whose sentences were reduced to reclusion perpetua by reason of
Republic Act No. 9346 dated January 1, 2004; and
13. Those convicted for violation of the laws on terrorism, plunder
and transnational crimes.”

G. 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 or 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 DOJ

Ex-Officio-Probation Administrator of the Parole and Probation
Administrator
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
d. Person qualified for the work by training/experience and a member of
the Philippine BAR.

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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 power and functions as may be
provided by law.

SECTION 18. The Board shall be composed of the Secretary as Chairman

of 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 the 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 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 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 recommendations and
resolutions 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.

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SECTION 20. Board Meetings. - The Board shall meet regularly every
week, or as the Board may direct, or upon called 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 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 established 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.

H. 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 PHILIPPINES ISLANDS;
TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO
PROVIDE FUNDS THEREFORE; 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 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, 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 (1) year, not to those already sentenced by final judgment at the time of

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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 WOMAN. Of the members of the present boar, 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 Act No. 4225, June 19, 1965)

FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS AND

PAROLE

SECTION 4. The Board is empowered to call upon any bureau, office,

branch, subdivision, agency or instrumentality of the Government for such
assistance as it may be need in connection with the performance of its
functions. Each member of the Board, including the Chairman and
Executive Officer, shall be entitled to receive a compensation fifty pesos for
each meeting actually attended by him, notwithstanding the provisions of
Section 259 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 Act No. 4225)

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.
 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

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sentenced for more than one year by final judgment prior to the date on
which this Act shall take effect.
 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.

SECTION 6. The Board of Indeterminate Sentence may issue a final

certificate of release 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 Philippine Islands.

SECTION 7. The Board shall file with the court which passed judgment on
the case, and with the Chief o 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 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 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 vs. Ducosin, 59 Phil 109)
II. COVERAGE

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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, 1993)

III. APPLICATION
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) 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 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 PRIVELEGED MITIGATING

CIRCUMSTANCE, do NOT follow the aforementioned rule.
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 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.

3. 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.

I. 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

SECTION 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.

SECTION 2. DEFINITION OF TERMS - As used in these Rules, unless the

context indicates otherwise
a. “Board” refers to the Board of Pardons and Parole
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 b. “Executive Director” refers to the Executive Director/Secretary of
the Board;
c. “Administration” refers to the Parole and Probation Administration;
d. “Regional Director” refers to the Head of the Parole and Probation
Administration;
e. “Probation and Parole Officer” refers to the Probation and Parole
Officer undertaking the supervision of the client;
f. “Director” refers to the Director of the Bureau of Corrections;
g. “Penal Superintendent” refers to the officer-in-charge of the New
Bilibid Prison, the Correction Institution for Women and the prison
and penal farms of the Bureau of Corrections;
h. “Warden” refers to the Officer-in-Charge of the Provincial, City,
Municipal or District Jail;
i. “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;
j. “Prison Record” refers to information concerning an inmate’s
personal circumstances, the offense he committed, the sentence
imposed, the criminal case number in 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
behaviour or conduct while in prison;
k. “Parole” refers to the conditional release of an offender from a
correctional institution after he has served the minimum of his prison
sentence;
l. “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;
m. “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;
n. “Commutation of Sentence” refers to the reduction of the duration
of a prison sentence of a prisoner;
o. “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;

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 p. “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;
q. “Petitioner” refers to the prisoner who applies for the grant of
executive clemency or parole;
r. “Parolee” refers to a prisoner who is released on parole;
s. “Pardonee” refers to a prisoner who is released on conditional
pardon;
t. “Client” refers to a parole/pardonee who is placed under supervision
of a Probation and Parole Officer;
u. 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;
v. “Parole Supervision” refers to the supervision/surveillance by a
Probation and Parole Officer of a parolee/pardonee;
w. “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;
x. “Progress Report” refers to the report submitted by the Probation
and Parole Officer on the conduct of the parolee/pardonee while
under supervision;
y. “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 this 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 imposable 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?
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 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
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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.

SECTION 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 in Cities, the
Metropolitan Trial Court and the Regional Trial Court and the
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 Final Release and
Discharge or court’s Termination Order of probation.

SECTION 8. Referral of Petition for Absolute Pardon to a Probation

and Parole officer – Upon receipt of a petition for absolute pardon, the
Board shall conduct an investigation on the conduct and activities, as well
as the social economic conditions, of the petitioner prior to his conviction
and since his release from prison and submit a report thereof within fifteen
(15) days from receipt of the referral.

SECTION 9. Referral of Petition for Executive Clemency/Parole to

Other Government Agencies-A petition for executive clemency shall be
referred by the Board to the Secretary of National Defense for comment and
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recommendation if the crime committed by the petitioner is against national
security or public order or law of nations. In case of violation of election
laws, rules and regulations, a petition for executive clemency/parole shall
be referred to the Commission on Elections for favourable recommendation,
provided, however, that regardless of the crime committed, a petition for
executive clemency/parole may be referred for a pre-parole/executive
clemency investigation to a Probation and Parole Officer who shall submit a
report on the behaviour, character antecedents, mental and physical
condition of the petitioner within thirty (30) days from receipt of referral, to
include the results of the National Bureau of Investigation records check.
In case of an alien, the petition shall be referred to the Department of
Foreign Affairs for comment and recommendations.

III. EXECUTIVE CLEMENCY

SEC. 10. Review of Cases for Executive Clemency - Pet tions for
executive clemency may be reviewed if the prisoners meet the following
minimum requirements:
A. For Commutation of Sentence -
1. The prisoner shall have served at least one third (1/3) of the
minimum of his indeterminate and/or define sentence or the
aggregate minimum of his indeterminate and/or definite
sentences.
2. At least ten (10) years for prisoners sentenced to reclusion
perpetua or life imprisonment for crimes or offenses committed
before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were
adjusted to a definite prison term of forty (40) years in
accordance with the provisions of article 70 of the revised penal
code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous
crimes as defined in Republic Act No. 7659 and other special
laws committed on or after January 1, 1994 and sentenced to
one or more reclusion perpetua or life imprisonment
5. At least twenty (20) years in case of one (1) or more death
penalty/penalties, which was/were automatically reduced or
commuted to one (1) or more reclusion perpetua or life
imprisonment;

B. for Conditional Pardon, the prisoner shall have served at least one-
half (1/2) of the minimum of his original indeterminate and/or
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 definite sentence. However, In the case of a prisoner who is
convicted of 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 reviewed for conditional pardon.

C. For Absolute Pardon, after he has served his maximum sentence or

granted final release and discharge or court termination of probation
However, the Board may consider a petition for absolute pardon
even before the grant of final release and discharge under the
provisions of Section 6 of Act No. 4103, as amended, as when the
petitioner: (1) is seeking an appointive/elective public position or
reinstatement in the government service; (2) needs medical
treatment abroad which is not available locally; (3) will take any
government examination; or (4) is emigrating.

SEC. 11. Prisoners not Eligible for Executive Clemency - Prisoners who
escaped or evaded service of sentence are not eligible for executive
clemency for a period of one (1) year from the date of their last
recommitment to prison or conviction for evasion of service of sentence.

SEC. 12. Transmittal of Carpeta and Prison Record - In executive

clemency/parole cases, the Director or Warden concerned shall forward the
prison record and carpeta of a petitioner at least one (1) month prior to the
eligibility for review as specified in Sections 10 and 13 of these Rules. The
Director or Warden concerned shall also furnish the Board and the
Administration on or before the fifth day of every month, a list of prisoners
whose minimum sentences will expire within ninety (90) days and those who
may be considered for executive clemency.

IV. PAROLE

SEC. 13. Review of Cases for Parole - Unless otherwise disqualified

under Section I5 of these Rules, a case for parole of a prisoner shall be
reviewed upon a showing that he is confined in prison or jail to serve an
indeterminate sentence, the maximum period of which exceeds one (1) year,
pursuant to a final judgment of conviction and that he has served the
minimum period of said sentence

SEC. 14. Grant of Parole - A prisoner may be granted parole whenever

the Board finds that there is a reasonable probability that if released, he will

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be law-abiding and that his release will not be incompatible with the
interest and welfare of society.

SEC. 15. Disqualification for Parole - The following prisoners shall not
be granted parole:

a. Those convicted of an offense punished with Death penalty,

Reclusion Perpetua or Life imprisonment
b. Those convicted of treason, conspiracy or proposal to commit
treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup
d'etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine
waters;
e. Those who are habitual delinquents f.e. those who, within a period of
ten (10) years from the date of release from prison or last conviction
of the crimes of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of any of said crimes a
third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the
terms thereof;
h. Those whose maximum term of imprisonment does not exceed one
(1) year or those with definite sentence;
i. Those suffering from any mental disorder as certified — by a
government psychiatrist/psychologist;
j. Those whose conviction is on appeal; k. Those who have pending
criminal case/s.

SEC. 16. Deferment of Parole When Safety of

Prisoner/Victim/Relatives of Victim/Witness Compromised - If, based
on the Pre-Parole Investigation Report conducted on the prisoner, there is a
clear and convincing evidence that his release on parole will endanger his
own life and those of his relatives or the life, safety and wellbeing of the
victim, his relatives, his witnesses and the community, the release of the
prisoner shall be deferred until the danger ceases.

V. PROCEEDINGS OF THE BOARD

SEC. 17. Interview of Prisoners - Any Board member or government

official authorized by the Board may interview prisoners confined in prison

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or jail to determine whether or not they may be released on parole or
recommended for executive clemency.
The Board or its authorized representatives shall interview an inmate
who was sentenced to Reclusion 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 oft
conditional pardon.

SEC. 19. Objections to Petitions - When an objection is fled, 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;
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 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 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 trail/appellate court as stated in the decision;
f. Alien prisoners where diplomatic considerations and amity
between nations necessitate review;
g. Circumstance 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 (eg, 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

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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, remorse for the offense,
5. time served on the current offense, prior criminal history,
6. type and severity of offense,
7. prior criminal history,
8. behavior, habits and traits,
9. rehabilitative efforts/progress, and
10. conduct during incarceration.

SEC 25. Board Action - A majority of the members of the B :rd,

constituting a quorum, shall be necessary to - ommend 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,
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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 I"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
shail 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.

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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
BOARD

Release Document (Discharge on Parole)

DIRECTOR OF CORRECTIONS OR WARDEN OF THE JAIL

Certification of Release of the Prisoner

PROBATION AND PAROLE OFFICER

PAROLE SUPERVISION

CLIENT

CONDITIONS

COMPLIED DID NOT COMPLY

SUMMARY REPORT REPORTS

1. Progress Report
2. Infraction Report
3. Violation Report

Certificate of FINAL RELEASE and ORDER OF ARREST and

DISCHARGE (FRD) RECOMMITMENT (OAR)

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ABSOLUTE FREEDOM PRISON
-serve the remaining portion
of the maximum sentence
for which he was originally
committed to prison
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 the 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 wilfully 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.

VII. TERMINATION OF PAROLE AND CONDITIONAL

PARDON SUPERVISION

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SEC. 44. Certificate of Final Release and Discharge-After the
expiration of the maximum sentence of a client, the Board shall, upon
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 Correction, 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 (15) days after its publication in a
newspaper of general circulation.

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