PAROLE Flashcards
-It is the conditional release of a prisoner from correctional institution after serving the minimum period of his sentence.
PAROLE
–can be given anytime as long as you (convicted person) is qualified under the law
PAROLE
The minimum penalty is _____________ to the penalty prescribed for the offense.
ONE DEGREE NEXT LOWER
ESSENTIAL ELEMENTS OF PAROLE
· THAT THE OFFENDER IS CONVICTED;
· THE HE SERVES PART OF HIS SENTENCE IN PRISON;
· THAT HE IS RELEASE BEFORE THE FULL EXPIRATION OF HIS SENTENCE;
· THAT SAID RELEASE IS CONDITIONAL, DEFENDING ON HIS GOOD BEHAVIOR AND;
· THAT HE REMAINS ON PAROLE UNTIL EXPIRATION OF HIS MAXIMUM SENTENCE.
The first parole law was passed in
MASSACHUSETTS in 1837.
-introduced a system known as “MARK SYSTEM” whereby a prisoner was given a “ticket of leave“ (the equivalent of parole) after earning a certain required number of marks
ALEXANDER MACONOCHIE
-gained the fame as “FATHER OF PAROLE”
ALEXANDER MACONOCHIE
ALEXANDER MACONOCHIE introduced a system known as
“MARK SYSTEM”
whereby a prisoner was given a “ticket of leave“ (the equivalent of parole) after earning a certain required number of marks
“MARK SYSTEM”
- as amended, otherwise known as the “INDETERMINATE SENTENCE LAW” which was approved on DECEMBER 5, 1933.
ACT NO. 4103
ACT NO 4103 was approved on?
DECEMBER 5, 1933.
-is administered by the BOARD OF PARDONS AND PAROLE, who shall composed of the SECRETARY OF JUSTICE as Chairman and FOUR MEMBERS to be appointed by the PRESIDENT with the consent of the COMMISSION ON APPOINTMENTS and shall holds office for FOUR YEARS of the appointed members, one member shall be sociologist, one a clergyman (religious person), or educator, one psychiatrist, and other members shall be persons qualified for the work by training and experiences.
PAROLE
PAROLE IN THE PHILIPPINES
-is administered by the BOARD OF PARDONS AND PAROLE, who shall composed of the ____________ as Chairman and FOUR MEMBERS to be appointed by the PRESIDENT with the consent of the COMMISSION ON APPOINTMENTS and shall holds office for FOUR YEARS of the appointed members, one member shall be sociologist, one a clergyman (religious person), or educator, one psychiatrist, and other members shall be persons qualified for the work by training and experiences.
SECRETARY OF JUSTICE
PAROLE IN THE PHILIPPINES
-is administered by the BOARD OF PARDONS AND PAROLE, who shall composed of the SECRETARY OF JUSTICE as Chairman and ____________ to be appointed by the PRESIDENT with the consent of the COMMISSION ON APPOINTMENTS and shall holds office for FOUR YEARS of the appointed members, one member shall be sociologist, one a clergyman (religious person), or educator, one psychiatrist, and other members shall be persons qualified for the work by training and experiences.
FOUR MEMBERS
PAROLE IN THE PHILIPPINES
-is administered by the _______________
BOARD OF PARDONS AND PAROLE
PAROLE IN THE PHILIPPINES
-is administered by the BOARD OF PARDONS AND PAROLE, who shall composed of the SECRETARY OF JUSTICE as Chairman and FOUR MEMBERS to be appointed by the ________ with the consent of the COMMISSION ON APPOINTMENTS and shall holds office for FOUR YEARS of the appointed members, one member shall be sociologist, one a clergyman (religious person), or educator, one psychiatrist, and other members shall be persons qualified for the work by training and experiences.
PRESIDENT
PAROLE IN THE PHILIPPINES
-is administered by the BOARD OF PARDONS AND PAROLE, who shall composed of the SECRETARY OF JUSTICE as Chairman and FOUR MEMBERS to be appointed by the PRESIDENT with the consent of the ___________ and shall holds office for FOUR YEARS of the appointed members, one member shall be sociologist, one a clergyman (religious person), or educator, one psychiatrist, and other members shall be persons qualified for the work by training and experiences.
COMMISSION ON APPOINTMENTS
PAROLE IN THE PHILIPPINES
-is administered by the BOARD OF PARDONS AND PAROLE, who shall composed of the SECRETARY OF JUSTICE as Chairman and FOUR MEMBERS to be appointed by the PRESIDENT with the consent of the COMMISSION ON APPOINTMENTS and shall holds office for _______ of the appointed members, one member shall be sociologist, one a clergyman (religious person), or educator, one psychiatrist, and other members shall be persons qualified for the work by training and experiences.
FOUR YEARS
-At least one member of the board must be a woman.
PAROLE
-It is created by virtue of ACT NO. 4103 (1933) known as the Indeterminate Sentence Law
BOARD OF PARDON AND PAROLE
–its composition are 5 members and a Chairman
PAROLE
has only one period in the sentence of the court.
DETERMINATE SENTENCE
WHO MAY BE QUALIFIED FOR PAROLE?
· A prisoner shall be eligible for the grant of parole upon showing that 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.
· He has served the minimum period of said sentence less the good conduct time allowances (GCTA) earned.
· There is a reasonable probability that if released, he will be law-abiding
· His release will not be incompatible with the interests and welfare of society.
when the sentence provides for a minimum period and a maximum period
INDETERMINATE SENTENCE
-It is an agency under the DEPARTMENT OF JUSTICE (DOJ).
BOARD OF PARDON AND PAROLE
WHAT ARE THE DISQUALIFICATIONS FOR THE GRANT OF PAROLE?
- Offenses punished by death or life imprisonment.
- Those convicted of treason (ART.114), conspiracy or proposal to commit treason (ART.115), misprision of treason (ART. 160), rebellion (ART. 134), sedition (ART. 139) or espionage (ART. 117), those convicted of piracy (ART. 122).
- Those who are habitual delinquents
- Those who escape from confinement or those who evaded sentence (ART. 157).
- Those granted conditional pardon and violated the terms the same. (ART.159).
- Those whose maximum period of imprisonment does not exceed one year.
- Those who already serving final judgment upon the approval of the ISL or indeterminate sentence law.
- Those sentenced to the penalty of Destierro.
- Offender who have mental disorder
- Offender who committed plunder, terrorism
- Offender committed transnational crimes
treason
ART.114
conspiracy or proposal to commit treason
ART.115
misprision of treason
ART. 160
rebellion
ART. 134
sedition
ART. 139
espionage
ART. 117
piracy
ART. 122
-when within ten (10) years from the date of last conviction or last release of a person for any of the crimes of serious physical injury, less serious physical injury, theft, robbery, estafa, or falsification, he is found guilty the third time or oftener (SLTREF or FRETSeL)
HABITUAL DELINQUENCY
escape from confinement or those who evaded sentence
ART. 157
granted conditional pardon and violated the terms the same
ART.159)
______________ are entitled to an IS or indeterminate sentence (People vs. Jaranilla, L-28547, Feb.22, 1974)
RECIDIVIST
-when an accused at the time of his trial for an offence shall have been previously convicted by final judgment of a crime embraced in the same title of the Revised Penal Code.
RECIDIVISM
A minor who escape from confinement in the reformatory is entitled to the benefits of ______ because his confinement is not considered as imprisonment. (PP vs. Perez, CA 44 O.G 3884)
ISL (INDETERMINATE SENTENCE LAW)
so also if the accused escaped from the National mental Hospital since his confinement as patient is not imprisonment. (PP vs. Co. CA G.R No. 163, June 13, 1938).
ISL (INDETERMINATE SENTENCE LAW)
-Any infraction by a client of the terms and condition appearing in release document or any serious deviation or non-observance of the obligations set in the parole supervision program shall immediately reported by his _____________ to the Board.
Parole and Probation Officer
-Any infraction by a client of the terms and condition appearing in __________ or any serious deviation or non-observance of the obligations set in the parole supervision program shall immediately reported by his Parole and Probation Officer to the Board.
release document
-Any infraction by a client of the terms and condition appearing in release document or any serious deviation or non-observance of the obligations set in the parole supervision program shall immediately reported by his Parole and Probation Officer to the _________
Board/ Board of Pardon and Parole
-Upon receipt of an _______, the Board shall immediately order the arrest of the client of Parole and shall made to serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison.
infraction report
-Upon receipt of an infraction report, the ______ shall immediately order the arrest of the client of Parole and shall made to serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison.
Board/ Board of Pardon and Parole
-Upon receipt of an infraction report, the Board shall immediately order the arrest of the client of Parole and shall made to serve the ____________ for which he was originally committed to prison.
remaining unexpired portion of the maximum sentence
-After the expiration of the maximum period of the sentence of a ______ provided he does not commit any infraction and the Board may, upon the recommendation of the Parole and Probation Officer, issue a certificate of Final Release and Discharge to a Parole.
client
-After the expiration of the maximum period of the sentence of a client provided he does not commit any infraction and the _______ may, upon the recommendation of the Parole and Probation Officer, issue a certificate of Final Release and Discharge to a Parole.
Board/ Board of Pardon and Parole
-After the expiration of the maximum period of the sentence of a client provided he does not commit any infraction and the Board may, upon the recommendation of the __________, issue a certificate of Final Release and Discharge to a Parole.
Parole and Probation Officer
-After the expiration of the maximum period of the sentence of a client provided he does not commit any infraction and the Board may, upon the recommendation of the Parole and Probation Officer, issue a ____________ to a Parole.
certificate of Final Release and Discharge
-After the expiration of the maximum period of the sentence of a client provided he does not commit any infraction and the Board may, upon the recommendation of the Parole and Probation Officer, issue a certificate of Final Release and Discharge to a ______
Parole.
-After the expiration of the maximum period of the sentence of a client provided he does not commit any infraction and the Board may, upon the recommendation of the Parole and Probation Officer, issue a certificate of Final Release and Discharge to a Parole.
TERMINATION OF PAROLE
-Upon receipt of an infraction report, the Board shall immediately order the arrest of the client of Parole and shall made to serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison.
ARREST OF THE CLIENT/ PAROLEE
–In parole, DOJ is under the
executive branch
-Any infraction by a client of the terms and condition appearing in release document or any serious deviation or non-observance of the obligations set in the parole supervision program shall immediately reported by his Parole and Probation Officer to the Board.
INFRACTION/VIOLATION OF THE TERMS OF PAROLE SUPERVISION
is an administrative function of the executive branch of the government
PAROLE
–In probation, COURT is under the
judicial branch
is a judicial function.
PROBATION
the offender serves part of his sentence in prison before he is released
PAROLE
he convicted offender does not need to go to prison at all.
PROBATION
is an extension of institutional treatment
PAROLE
is a substitute for imprisonment.
PROBATION
WHO grants parole
BOARD/ BOARD OF PARDON AND PAROLE
WHO grants probation
JUDGE
-refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer;
“CLIENT”
-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;
“RELEASE DOCUMENT”
“RELEASE DOCUMENT”
-refers to the CONDITIONAL PARDON/ABSOLUTE PARDON issued by the ___________ to a prisoner or to the “Discharge on Parole” issued by the BOARD;
PRESIDENT OF THE PHILIPPINES
“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;
-refers to the supervision/surveillance by a Probation and Parole Officer of a parolee/pardonee;
“PAROLE SUPERVISION”
-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;
“SUMMARY REPORT”
-refers to the report submitted by the Probation and Parole Officer on the conduct of the parolee/pardonee while under supervision;
“PROGRESS 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.
“INFRACTION REPORT”
“INFRACTION REPORT”
-refers to the report submitted by the _____________ on violations committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.
Probation and Parole Officer
“PROGRESS REPORT”
-refers to the report submitted by the _________ on the conduct of the parolee/pardonee while under supervision;
Probation and Parole Officer
-refers the Commutation of Sentence, Absolute Pardon, and Conditional Pardon, with or without the parole conditions, as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole.
EXECUTIVE CLEMENCY
EXECUTIVE CLEMENCY
-refers the Commutation of Sentence, Absolute Pardon, and Conditional Pardon, with or without the parole conditions, as may be granted by the _________ upon the recommendation of the ___________
President of the Philippines
Board of Pardon and Parole.
A formal petition for Executive Clemency must address to ____________ through the Chairman of Board of Pardon and Parole. In other words, it was the duty of BOARD OF PARDONS AND PAROLE to file an executive clemency to the office of the President.
“THE PRESIDENT OF THE PHILIPPINES”
A formal petition for Executive Clemency must address to “THE PRESIDENT OF THE PHILIPPINES” through the _____________. In other words, it was the duty of BOARD OF PARDONS AND PAROLE to file an executive clemency to the office of the President.
Chairman of Board of Pardon and Parole
A formal petition for Executive Clemency must address to “THE PRESIDENT OF THE PHILIPPINES” through the Chairman of Board of Pardon and Parole. In other words, it was the duty of __________ to file an executive clemency to the office of the President.
BOARD OF PARDONS AND PAROLE
refers to the prisoner who applies for the grant of executive clemency or parole;
“PETITIONER”
-is an executive clemency granted by the PRESIDENT/CHIEF EXECUTIVE.
PARDON
-It may also be defined as an act of grace proceeding from the power entrusted with the President which exempts the individual on whom it is bestowed, from punishment the law inflicts for a crime he has committed.
PARDON
Pardon is given by the
President/Chief Executive
THE KINDS OF PARDON
a. ABSOLUTE PARDON;
b. CONDITIONAL PARDON
is given without any condition attached.
ABSOLUTE PARDON
-Refers to the total extinction of criminal liability of the individual to whom, it is granted without any condition whatsoever and restores to the individual to his civil rights and the penalty imposed for the particular offense of which he was convicted.
ABSOLUTE PARDON
One may file a petition for ____________ if the maximum sentence is served or granted final release and discharge or court termination of probation.
ABSOLUTE PARDON
But it does not operate to restore the right to hold public office or the right of suffrage, unless such rights are expressly restored by the terms of pardon.
ABSOLUTE PARDON
-It becomes effective once if it is granted and there is no need for the offender to accept it.
ABSOLUTE PARDON
-Refers to the exemption of an individual, within certain limits or conditions, from the punishment, which the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability.
CONDITIONAL PARDON
serves to wipe away the guilt of a pardonee and makes him innocent as if he has not committed any crime
ABSOLUTE PARDON
is given with condition/s attached.
CONDITIONAL PARDON
-It must be accepted by the offender to become effective. (Black, 1990)
CONDITIONAL PARDON
For _________, the prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate and/or 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. while in ________, the minimum sentence must be served;
CONDITIONAL PARDON
PAROLE
In ___________, the accused need not serve his minimum sentence while in _________, the minimum sentence must be served
CONDITIONAL PARDON
PAROLE
For CONDITIONAL PARDON, the prisoner shall have served _________ of his original indeterminate and/or 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 _____________ of his original indeterminate sentence before his case may be reviewed for conditional pardon. while in PAROLE, the minimum sentence must be served;
at least one-half (1/2) of the minimum
at least one-half (1/2) of the maximum
In conditional pardon, the granting authority is the _________, while in parole, the granting authority is the ___________-. (Other source, Moreno, 1998)
PRESIDENT
BOARD OF PARDON AND PAROLE
WHAT ARE THE EFFECTS OF PARDON?
· It removes penalties and disabilities and restores a person of his full civil and political rights
· It does not discharge the civil liability of the convict to the individual he has wronged as the president has no power to pardon a private wrong.
WHAT ARE THE LIMITATIONS OF PARDONING POWER OF THE PRESIDENT?
a. Pardon cannot be extended in case of impeachment;
b. No pardon, parole, or suspension of sentence for violation of election laws may be granted without favorable recommendation of Commission on Elections (COMELEC);
c. Pardon is exercised only after conviction by final judgment; and
d. No pardon may be exercised over a civil contempt. (C – Sec 5, Art IX of the Philippine Constitution & De Leon, 2005).
-when someone fails to adhere to an order from the court, injuring a private party’s rights.
CIVIL CONTEMPT
The _________ 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.
BOARD
-is an act of sovereign power granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, rebellion.
AMNESTY
- person committed political crimes
POLITICAL OFFENDER
________ abolishes and puts into “oblivion” the offense of which one is charged, so that the person released by amnesty is considered as if he did not commit any offense.
AMNESTY
Oblivion means
STATE OF FORGETFULNESS.
includes political crimes only;
AMNESTY
is exercised individually
PARDON
includes any crime
PARDON
is given only when the person is convicted,
PARDON
exercised generally or a group
AMNESTY
is granted by the President with the concurrence of Congress; and
AMNESTY
may be granted before trial or investigation;
AMNESTY
Courts take no judicial notice of
PARDON
may be granted by the President himself,
PARDON
is a fact need not be proved.
JUDICIAL NOTICE
courts take judicial notice of
AMNESTY.
Any person who claims that _________ has been granted must prove it in court, unlike amnesty. (Sec 1, Rule 129 of the Rules of Court; Moreno, 1998; Nolledo, 2005 & Timpac, 2009)
PARDON
-are the temporary stay or postponement of sentence.
REPRIEVE AND SUSPENSION OF SENTENCE
- it sometimes serves as a tribunal
CONGRESS
-is the power of the President to prevent the collection of fines or the confiscation of forfeited property.
REMISSION OF FINES OR FORFEITURES OF FINES
-The power of the President is limited to __________ as not have been vested in third parties, or paid into the treasury of the government, as funds cannot be paid out of the treasury without the authority of the Congress.
fines or forfeitures
_________ cannot be paid out of the treasury without the authority of the Congress.
funds
-By postponing the execution of a convict, the President is given an opportunity to extend his commutation or pardon or for the Congress to enact laws favorable to the convict.
REPRIEVE AND SUSPENSION OF SENTENCE
is done to a fixed or definite date.
reprieve
Is done for an indefinite time
suspension of sentence
-is an act of the President reducing the penalty of a convict.
COMMUTATION
__________– in case of one (1) or more Death penalty/penalties, which was/were automatically reduced or commuted to ________ Reclusion Perpetua or Life imprisonment;
at least twenty (20) years
one (1) or more
The prisoner shall have served __________ of his indeterminate and/or definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
at least one-third (1/3) of the minimum
_________ for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes or offenses committed _______
At least ten (10) years
before January 1, 1994.
___________ for prisoners whose sentences were adjusted to a definite prison term of forty (40) years in accordance with the provisions of __________, as amended.
at least twelve (12) years
Article 70 of the Revised Penal Code
__________ for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 and other special laws committed ________ and sentenced to one or more Reclusion Perpetua or Life imprisonment.
at least fifteen (15) years
on or after January 1, 1994
has a duration of twenty (20) years and one (1) day to forty (40) years;
RECLUSION PERPETUA
has no duration
LIFE IMPRISONMENT
is imposed in violation of special laws
LIFE IMPRISONMENT
is imposed in violation of the Revised Penal Code;
RECLUSION PERPETUA
has no accessory penalties
LIFE IMPRISONMENT
has accessory penalties.
RECLUSION PERPETUA
It was _________ which provided for the legal duration of reclusion perpetua as 20 years and 1 day to 40 years.
RA 7659
