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FOREWORD
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In 1981, the Board of Pardons and Parole issued its first handbook containing a compilation of policies and guidelines that had evolved through the years since the enactment on December 5, 1933 of Act No. 4103, otherwise known as the "Indeterminate Sentence Law", as amended. It was revised in 1990 to make it more simple and easily understood by the ordinary layman, particularly, the prisoner who wished to avail of the benefits of parole and executive clemency.
More than ten (10) years have elapsed, hence it has become imperative to revise again the Rules of the Board to conform with recent legislative enactments and executive issuances. The Board merely implement the laws, its interpretation by the Courts, and the policies emanating from them, as enunciated by the President. On the basis of these guidelines, the Board has come up with its working procedures which are embodied in the present Revised Rules and Regulations.
It is hoped that these Rules will serve as a handy manual to correctional workers, lawyers, prisoners and their families, and the general public to learn and understand the workings and mechanics of the Members of the Board of Pardons and Parole. It is also envisioned that the prisoner, or anybody in his behalf, will know the steps he has to take in applying for grants of parole and executive clemency.
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Manila, Philippines
26 November 2002
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(SIGNED)
HERNANDO B.
PEREZ
Secretary of Justice
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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:
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I. GENERAL PROVISIONS
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SEC. 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:
- 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;
- Assists in the full rehabilitation of individuals on parole or those under conditional pardon with parole conditions, by way of parole supervision; and,
- Recommends to the President of the Philippines the grant of any form of executive clemency to prisoners other than those entitled to parole.
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SEC. 2. Definition of Terms - As used in these Rules, unless the context indicates otherwise-
- "Board" refers to the Board of Pardons and Parole;
- "Executive Director" refers to the Executive Director/Secretary of the Board;
- "Administration" refers to the Parole and Probation Administration;
- "Administrator" refers to the Administrator of the Parole and Probation Administration;
- "Regional Director"refers to the Head of the Parole and Probation Administration in the region;
- "Probation and Parole Officer" refers to the Probation and Parole Officer undertaking the supervision of the client;
- "Director" refers to the Director of the Bureau of Corrections;
- "Penal Superintendent" refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for Women and the prison and penal farms of the Bureau of Corrections;
- "Warden"refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail;
- "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;
- "Prison Record" refers to information concerning an inmate's personal circumstances, the offense he committed, the sentence imposed, the criminal case number in the 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 behavior or conduct while in prison;
- "Parole" refers to the conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence;
- "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;
- "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;
- "Commutation of Sentence" refers to the reduction of the duration of a prison sentence of a prisoner;
- "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;
- "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;
- "Petitioner" refers to the prisoner who applies for the grant of executive clemency or parole;
- "Parolee" refers to a prisoner who is released on parole;
- "Pardonee" refers to a prisoner who is released on conditional pardon;
- "Client" refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer;
- "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;
- "Parole Supervision" refers to the supervision/surveillance by a Probation and Parole Officer of a parolee/pardonee;
- "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;
- "Progress Report" refers to the report submitted by the Probation and Parole Officer on the conduct of the parolee/pardonee while under supervision;
- "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.
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