Revised Rules and Regulations of The Board of Pardons and Parole
Revised Rules and Regulations of The Board of Pardons and Parole
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REGULATIONS OF THE
BOARD OF PARDONS
AND PAROLE
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SECTION 3. National Prisoner Confined in a Local Jail. -The Board 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.
1. the prisoner shall have served at least one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.
2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life
imprisonment for crimes or offenses committed before January 1, 1994.
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3. at least twelve (12) years for prisoners whose sentences were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of
Article 70 of the Revised Penal Code, as amended.
4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined
in Republic Act No. 7659 and other special laws committed on or after January 1,
1994 and sentenced to one or more Reclusion Perpetua or Life imprisonment.
5. at least twenty (20) years in case of one (1) or more Death penalty/penalties,
which was/were automatically reduced or commuted to one (1) or more Reclusion
Perpetua or Life imprisonment;
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B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of
8 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.
C. For Absolute Pardon, after he has served his maximum sentence or granted final
release and discharge or court termination of probation. However, the Board may
consider a petition for absolute pardon even before the grant of final release and
discharge under the provisions of Section 6 of Act No. 4103, as amended, as when
the petitioner: (1) is seeking an appointive/elective public position or reinstatement
in the government service; (2) needs medical treatment abroad which is not available
locally, (3) will take any government examination; or (4) is emigrating.
1 SECTION 11. Prisoners not Eligible for Executive Clemency. — Prisoners who
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escaped or evaded service of sentence are not eligible for executive clemency for a
period of one (1) year from the date or their last recommitment to prison or
conviction for evasion of service of sentence.
The Director or Warden concerned shall also furnish the Board and the
Administration on or before the fifth day of every month, a list of prisoners whose
minimum sentences will expire within ninety (90) days and those who may be
considered for executive clemency.
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IV. Parole
SECTION 13. Review of Cases for Parole. — Unless otherwise disqualified
under Section 15 of these Rules, a case for parole of a prisoner shall be reviewed
upon a showing that he is confined in prison or jail to serve an indeterminate
sentence, the maximum period of which exceeds one (1) year, pursuant to a final
judgment of conviction and that he has served the minimum period of said
sentence.
SECTION 14. Grant of Parole. — A prisoner may be granted parole whenever the
Board finds that there is a reasonable probability that if released, he will be law-
abiding and that his release will not be incompatible with the interest and welfare
of society.
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1 SECTION 15. Disqualification for Parole. — The following prisoners shall not be
granted parole:
Before an interview, the Board may require a prisoner convicted of a heinous crime
as defined under Republic Act No. 7659 and other special laws to undergo
psychological/psychiatric examination if the prisoner has a history of mental
instability, or in any case, if the Board finds a need for such examination in the light
of the nature of the offense committed or manner of its commission.
In case the prisoner has one or more co-accused who had been convicted, the
Board shall consider at the same time the prison records and carpetas of said co-
accused.
26 SECTION 21. Factors to be Considered in Petition for Conditional Pardon,
Commutation of Sentence or Parole. — The following factors may be considered by
the Board in the grant of conditional pardon, commutation of sentence or parole:
a. the age of the petitioner, the gravity of the offense and the manner in which it was
committed, and the institutional behavior or conduct and previous criminal record, if
any;
b. evidence that petitioner will be legitimately employed upon release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously ill or
suffering from a physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his family and friends,
or the community in general, the possibility of retaliation by the victim, his family and
friends.
SECTION 22. Special Factors. — The Board may give special consideration to the
27 recommendation for commutation of sentence or conditional pardon whenever any of the
following circumstances are present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government
physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate
court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
g. circumstances which show that his continued imprisonment will be inhuman or will
pose a grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be
served thereby.
SECTION 23. Meetings. — The Board shall meet in executive session regularly or
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SECTION 24. Quorum. — A majority of all the members of the Board shall constitute
a quorum.
SECTION 25. Board Action. — A majority of the members of the Board, constituting
a quorum, shall be necessary to recommend the grant of executive clemency or to
grant parole; to modify any of the terms and conditions appearing in a Release
Document, to order the arrest and recommitment of a parolee/pardonee; and to issue
certificate of Final Release and Discharge to a parolee/pardonee.
The minutes of the meeting of the Board shall show the votes of its individual
members and the reason or reasons for voting against any matter presented for the
approval of the Board. Any dissent from the majority opinion to grant or deny parole
shall be reduced in writing and shall form part of the records of the proceedings.
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SECTION 26. Executive Clemency/Parole of An Alien. — The Board may
recommend the grant of executive clemency or grant parole to a prisoner who is
an alien. In such a case, the alien who is released on parole or pardon shall be
referred to the Bureau of Immigration for disposition, documentation and
appropriate action.
SECTION 29. Transmittal of Release Document. — The Board shall send a copy of
the Release Document to the prisoner named therein through the Director of
Corrections or Warden of the jail where he is confined who shall send a certification
of the actual date of release of prisoner to the Probation and Parole Officer.
SECTION 30. Initial Report. — Within the period prescribed in his Release
Document, the prisoner shall present himself to the Probation and Parole Officer
specified in the Release Document for supervision.
If within forty five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and Parole Officer shall
inform the Board of such failure, for appropriate action.
SECTION 31. Arrival Report. — The Probation and Parole Officer concerned shall
3 inform the Board thru the Technical Service, Parole and Probation Administration
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the date the client reported for supervision not later than fifteen (15) working days
therefrom.
SECTION 33. Review and Modification of Conditions. — The Board may, upon the
recommendation of the Probation and Parole Officer, revise or modify the terms and
conditions appearing in the Release Document.
SECTION 34. Transfer of Residence. — A client may not transfer from the place of
residence designated in his Release Document without the prior written approval of
the Regional Director subject to the confirmation by the Board.
SECTION 35. Outside Travel. — A Chief Probation and Parole Officer may authorize
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a client to travel outside his area of operational jurisdiction for a period of not more
than thirty (30) days. A travel for more than 30 days shall be approved by the
Regional Director.
SECTION 36. Travel Abroad and/or Work Abroad. — Any parolee or pardonee under
active supervision/surveillance who has no pending criminal case in any court may
apply for overseas work or travel abroad. However, such application for travel abroad
shall be approved by the Administrator and confirmed by the Board.
SECTION 37. Death of Client. — If a client dies during supervision, the Probation
and Parole Officer shall immediately transmit a certified true copy of the client’s
death certificate to the Board recommending the closing of the case. However, in the
absence of a death certificate, an affidavit narrating the circumstances of the fact of
death from the barangay chairman or any authorized officer or any immediate relative
where the client resided, shall suffice.
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VII. Infraction/Violation of the Terms and Conditions of the Release Document
SECTION 44. Certificate of Final Release and Discharge. — After the expiration of the
maximum sentence of a client, the Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has substantially complied with all the
conditions of his parole/pardon, issue a certificate of Final Release and Discharge to a
parolee or pardonee. However, even before the expiration of maximum sentence and
upon the recommendation of the Chief Probation and Parole Officer, the Board may
issue a certificate of Final Release and Discharge to a parolee/pardonee pursuant to the
provisions of Section 6 of Act No. 4103, as amended. The clearances from the police,
court, prosecutor’s office and barangay officials shall be attached to the Summary
Report.
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SECTION 45. Effect of Certificate of Final Release and Discharge. — Upon the
issuance of a certificate of Final Release and Discharge, the parolee/pardonee
shall be finally released and discharged from the conditions appearing in his
release document. However, the accessory penalties of the law which have not
been expressly remitted therein shall subsist.
SECTION 48. Effectivity Clause. — These Rules shall take effect upon
approval by the Secretary of Justice and fifteen (15) days after its publication
in a newspaper of general circulation.
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Thank you!