PAROLE

Definition and Concept of Parole

Parole may have different meanings depending on the field and judiciary system. All of the meanings
originated from the French parole (voice or spoken word). Following its use in late – resurrected Anglo –
French chivalric practice, the term became associated with the release of prisoners based on prisoners
giving their word of honor to abide by certain restrictions.

Paroles are ways in which criminals are supervised in order to determine whether they are likely to
commit the same crime or any other crime during this time period; if they do commit a crime during this
period then they are sent back to prison to serve a jail term, both probations and paroles are set to
determine the rehabilitation level of a convict and whether the convict is fully rehabilitated and whether he or
she can live with the society without committing crimes.

Parole as defined in the 1957 National Conference on Parole as the “method of selectively releasing
an offender from an institution prior to completion of his maximum sentence, subject to conditions specified
by the paroling authority, a method whereby society can be protected and the offender can be provided with
a continuing treatment and supervision in the community.”

Parole is freedom extended to incarcerated offenders even before the expiration of his sentence if the
offender can show that he has been converted into a respectable, law – abiding citizen. Unrepentant
offenders, on the other hand, who have not made significant progress in their treatments, can be retained
until their correction is accomplished.

A parolee continues to receive treatment even when he is already outside. He remains supervised by
a parole officer from the Probation and Parole Administration who is tasked with monitoring his movements
and provides necessary assistance and support ranging from personal counseling and therapy to help in
looking for employment.

Parole in the Philippines as defined under the Board of Pardons and Parole Operational Manual
refers to “the conditional release of a prisoner from a correctional institution after he has served the
minimum sentence. Parole is granted by the Board of Pardons and Parole only when the offender has
already served his minimum sentence under the Indeterminate Sentence Law. It does not pardon the
offender since he technically remains in legal custody and the clemency only serves to suspend the
execution and temporarily release the convict from imprisonment on conditions which he is at liberty to
reject. Once the conditions have been accepted, any violation thereof will result in the subsequent arrest and
re - incarceration of the offender to serve the unserved portion of his original penalty.

Distinguish Parole and Conditional Pardon

In Parole, a prisoner who has served a portion of the sentence is released from jail or prison, but
remains under the custody of the State under the condition that in case of misbehavior he will be re-
imprisoned, while in conditional pardon, the pardoned prisoner does not remain under government custody
and his civil rights are restored to him wholly or in part according to the terms of the pardon.

Distinguish Parole and Pardon

A prisoner is paroled only after he has served a part of his sentence while in pardon, the accused is
released immediately after he has been found guilty or has pleaded guilty and before he starts serving the
sentence.

Board of Pardons and Parole (BPP)

 The BPP is created by the virtue of Republic Act No. 4103 in 1933 known as the Indeterminate
Sentence Law. It is an agency under the Department of Justice, 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.

Composition of BPP

The BPP is composed of 6 members with the Secretary of Justice as the Chairman to be appointed
by the President for a term of six years. The Board members should include a trained sociologist, a
clergyman or educator, a psychiatrist and other members shall be persons qualified for such work by training
and experience and additional two who are members of the Philippine Bar and at least one member should
be a woman.

The Board undertakes the following duties and responsibilities

1. Looks into the physical, mental and moral records of prisoners who are eligible to parole and to
determine the proper time of release of such prisoners;
2. Authorize the release of such prisoner on parole, upon such terms and condition as therein
prescribed and as may be prescribed by the Board;
3. Examine the records and status of prisoners who shall have been convicted of any offense other than
those named in Section 2 of RA 4103; and
4. Make recommendations in all such cases to the President with regard to the parole of such prisoners
as they shall be deemed qualified for parole as therein provided, after they shall have served a period
of imprisonment not less than the minimum period for which they might have been sentence.