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