PAROLE Flashcards by Agatha Ofrecio

-It is the conditional release of a prisoner from correctional institution after serving the minimum period of his sentence.

PAROLE

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–can be given anytime as long as you (convicted person) is qualified under the law

PAROLE

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The minimum penalty is _____________ to the penalty prescribed for the offense.

ONE DEGREE NEXT LOWER

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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.

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The first parole law was passed in

MASSACHUSETTS in 1837.

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-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

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-gained the fame as “FATHER OF PAROLE”

ALEXANDER MACONOCHIE

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ALEXANDER MACONOCHIE introduced a system known as

“MARK SYSTEM”

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whereby a prisoner was given a “ticket of leave“ (the equivalent of parole) after earning a certain required number of marks

“MARK SYSTEM”

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as amended, otherwise known as the “INDETERMINATE SENTENCE LAW” which was approved on DECEMBER 5, 1933.

ACT NO. 4103

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ACT NO 4103 was approved on?

DECEMBER 5, 1933.

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-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

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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

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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

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PAROLE IN THE PHILIPPINES
-is administered by the _______________

BOARD OF PARDONS AND PAROLE

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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

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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

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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

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-At least one member of the board must be a woman.

PAROLE

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-It is created by virtue of ACT NO. 4103 (1933) known as the Indeterminate Sentence Law

BOARD OF PARDON AND PAROLE

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–its composition are 5 members and a Chairman

PAROLE

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has only one period in the sentence of the court.

DETERMINATE SENTENCE

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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.

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when the sentence provides for a minimum period and a maximum period

INDETERMINATE SENTENCE

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-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

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

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

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

PAROLE Flashcards

(138 cards)