CA2 Activity

PANIT, JEREMIAH C.
CA2N
BSCRIM 2B-1 10/09/2021
CA2: NON-INSTITUTIONAL CORRECTION
Summarize the contents of the document forwarded. Use the items below as guide and leave one space
before you proceed to the next item. Please upload your output on or before 11:59pm of October 9,
2021 to avoid deductions.
Encoded: half inch all sides, short bond paper, font 9-century gothic.
Note: This activity is meant to help you pull up your class standing.
1.Disqualifications for parole
- The following prisoners shall not be granted parole:
•Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
•Those convicted of treason, conspiracy or proposal to commit treason or espionage;
•Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
•Those convicted of piracy or mutiny on the high seas or Philippine waters;
•Those who are habitual delinquents i.e., those who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
•Those who escaped from confinement or evaded sentence;
•Those who were granted Conditional Pardon and violated any of the terms thereof;
•Those whose maximum term of imprisonment does not exceed one (1) year or those with definite
sentence;
•Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
•Those whose conviction is on appeal;
•Those who have pending criminal case/s.
2.
a. What is deferment of Parole? – If based on the Pre-Parole Investigation Report conducted on the
prisoner, there is a clear and convincing evidence that his release on parole will endanger his own life and
those of his relatives or the life, safety and well-being of the victim, his relatives, his witnesses and the
community, the release of the prisoner shall be deferred until the danger ceases.
b. What is its effect? - 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
3.In what cases is interview of prisoners required?

- Any Board member or government official authorized by the Board may interview prisoners confined in
prison or jail to determine whether or not they may be released on parole or recommended for executive
clemency.
The Board or its authorized representatives shall interview an inmate who was sentenced to Reclusion
Perpetua or Life imprisonment, or whose sentence had been commuted from Death to Reclusion
Perpetua.
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.
4. In what cases is publication required?

- The Board shall cause the publication in a newspaper of general circulation the names of prisoners
convicted of heinous crimes or those sentenced by final judgment to Reclusion Perpetua or Life
imprisonment, who may be considered for release on parole or for recommendation for absolute or
conditional pardon.
Purpose- to inform the public or the people
Effects- In case the Board would find the objection meritorious, the Board would require to attach
evidence to support his objection, then they will add it to their basis of decision making
5. Meetings
Quorum- A majority of all the members of the Board shall constitute a quorum
-They can only conduct a meeting if you are able to get quorum
-The minimum or required number of people to conduct a meeting (1/2 +1)
Purpose of meetings- 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
Decision vs Dissent- Decision is the most important content of the minutes of the meeting (the majority
opinion) while the Dissent is the opinion of the minority in the meeting, 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
Minutes of the meeting- Documentation of everything discussed during the meeting. Shows the votes of
its individual members and the reason or reasons for voting against any matter presented for the approval
of the Board.
6. What is parole supervision? - After release from confinement, a client shall be placed under the
supervision of a Probation and Parole Officer so that the former may be guided and assisted towards
rehabilitation also known as surveillance or monitoring of a PPO over his client
Duration- The period of parole supervision shall extend up to the expiration of the maximum sentence
which should appear in the Release Document, subject to the provisions of Section 6 of Act No. 4103
with respect to the early grant of Final Release and Discharge. It commences upon the happening of the
initial report
When does it start?
- It commences upon the happening of the initial report
7. Define:
a. Initial report- It is not a document compared to other. 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.
b. Arrival report- The Probation and Parole Officer concerned shall inform the Board thru the Technical
Service, Parole and Probation Administration the date the client reported for supervision not later than
fifteen (15) working days therefrom. The report submitted by the PPO to the BPP upon the happening of
initial report
8. Rules:
a. 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
b. Outside travel- A Chief Probation and Parole Officer may authorize 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
9. Infraction Report vs Progress Report

- Infraction report is submitted for violation of conditions of parole Any violation of the terms and
conditions appearing in his Release Document or any serious deviation or non-observance of the
obligations set forth in the parole supervision program shall be immediately reported by his Probation and
Parole Officer to the Board. The report shall be called Infraction Report when the client has been
subsequently convicted of another crime.
10. Effect of Infraction

- Upon receipt of an Infraction Report, the Board may order the arrest or recommitment of the client.
11. When does Termination of Parole and Conditional pardon happen?

- 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.
12. What is 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. It also 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
13. Enumerate and discuss the kinds of executive clemency?

- 1. Pardon- it is the act of grace extended by the President to the convicted offenders
Kinds of Pardon:
a. Absolute- no conditions, no label for the person given pardon
b. Conditional- there is conditions, considered as Pardonee
*If the Pardonee commit a violation of conditions, it will be regarded as evasion of service of sentence
2. Amnesty- general pardon extended by the President to the political offenders with concurrence of
congress
-majority votes from Congress to have concurrence of Congress
-maybe given before or after conviction
3. Commutation of Sentence – reduction of the duration of the penalty
4. Reprieve- temporary stay or delay in the execution of sentence
not really functional because there is no death penalty at present
*Pardon cannot extend to impeachment cases

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PANIT, JEREMIAH C.

CA2: NON-INSTITUTIONAL CORRECTION

3.In what cases is interview of prisoners required?

4. In what cases is publication required?

9. Infraction Report vs Progress Report

10. Effect of Infraction

11. When does Termination of Parole and Conditional pardon happen?

12. What is executive Clemency?

13. Enumerate and discuss the kinds of executive clemency?

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