Partial Extinction

Parole | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > G. Extinction of Criminal Liability > 2. Partial Extinction > d. Parole

Definition of Parole

Parole is a conditional release of a prisoner before the expiration of their sentence. It allows the prisoner to serve the remainder of their sentence under the supervision of a parole officer in the community, subject to compliance with specific conditions. It is not a right but a privilege granted by the government.

Legal Basis

The granting of parole in the Philippines is governed by:

  1. Act No. 4103 (Indeterminate Sentence Law) as amended by Republic Act No. 4203.
  2. Revised Penal Code (RPC) - It indirectly recognizes parole as a form of partial extinction of criminal liability.

Purpose of Parole

  • To promote the rehabilitation of prisoners by integrating them back into society.
  • To reduce overcrowding in prisons.
  • To encourage good behavior and reform among prisoners during incarceration.

Eligibility for Parole

A prisoner may be eligible for parole if the following conditions are met:

  1. Imposition of an Indeterminate Sentence: The offender must be sentenced to an indeterminate penalty under the Indeterminate Sentence Law. This means the sentence includes a minimum and maximum period.
  2. Served Minimum Sentence: The prisoner must have served the minimum sentence of their indeterminate penalty.
  3. Good Conduct Time Allowance (GCTA): The prisoner must have exhibited good behavior while incarcerated, as reflected in their GCTA credits under Republic Act No. 10592.
  4. Not Disqualified by Law: Certain offenses and offenders are explicitly excluded from parole eligibility:
    • Habitual delinquents.
    • Escapees who have not returned voluntarily to custody.
    • Persons convicted of offenses punished with reclusion perpetua or life imprisonment, such as:
      • Treason
      • Qualified piracy
      • Murder with qualifying circumstances
      • Certain crimes under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
    • Recidivists (those who commit a subsequent crime after being convicted of an earlier crime).
    • Offenders who have previously violated parole conditions.

Procedure for Parole

  1. Application for Parole:

    • The prisoner or their counsel applies for parole to the Board of Pardons and Parole (BPP).
    • Supporting documents, such as records of good conduct, certifications of rehabilitation, and the court's decision, must be submitted.

  2. Evaluation by the BPP:

    • The BPP evaluates the application, considering the prisoner's behavior, psychological reports, and likelihood of reintegration into society.
    • Public prosecutors and victims may be asked to provide input or opposition.

  3. Recommendation:

    • If the BPP finds the prisoner eligible, it forwards its recommendation to the President of the Philippines, if required, or issues a decision approving parole.

  4. Grant of Parole:

    • A parole order is issued, specifying the conditions to be observed by the parolee.

Conditions of Parole

The parolee must adhere to the following conditions:

  1. Residence: The parolee must reside at a specified address and cannot leave without prior approval.
  2. Employment: The parolee must engage in lawful employment or pursue legitimate means of livelihood.
  3. Periodic Reporting: Regular reporting to a parole officer is mandatory.
  4. Conduct: The parolee must maintain good behavior and avoid engaging in criminal activities.
  5. Prohibited Areas: The parolee is restricted from visiting certain places, such as the scene of the crime or the victim’s residence.

Failure to comply with these conditions can result in revocation of parole.

Effects of Parole

  1. Partial Extinction of Criminal Liability:

    • The parolee remains under legal custody and supervision until the expiration of the maximum sentence.
    • The criminal liability is not fully extinguished unless the conditions of parole are satisfied until the end of the sentence.

  2. Release from Incarceration:

    • The parolee is released from imprisonment but remains under conditional liberty.

  3. Rehabilitation Focus:

    • Parole encourages reintegration into society and allows the parolee to demonstrate reform.

Distinction Between Parole and Related Concepts

  1. Parole vs. Probation:
    • Parole applies after partial service of a prison sentence, while probation is an alternative to imprisonment granted before the offender begins serving time.
  2. Parole vs. Pardon:
    • Parole is conditional and does not erase the conviction, while a pardon may be absolute or conditional and can extinguish the criminal liability.
  3. Parole vs. Commutation:
    • Commutation reduces the length of the sentence, while parole allows conditional release without reducing the sentence duration.

Revocation of Parole

  1. Grounds for Revocation:

    • Violation of parole conditions.
    • Commission of another offense while on parole.
    • Failure to report to the parole officer.

  2. Procedure:

    • The BPP investigates alleged violations and may order the parolee's arrest and recommitment to prison.
    • The remaining sentence must then be served without further eligibility for parole.

Relevant Case Law

  1. People v. Vera (G.R. No. L-45685, 1937):
    • This case highlighted the constitutionality of the Indeterminate Sentence Law and its importance in promoting reformation of offenders.
  2. Estrada v. Sandiganbayan (G.R. No. 148560, 2001):
    • Discussed limitations of parole eligibility, especially for public officials convicted of graft and corruption.

By balancing the interests of rehabilitation and public safety, parole serves as an essential mechanism in criminal justice for partially extinguishing criminal liability while ensuring accountability and societal reintegration of offenders.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Good Conduct Allowances | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Topic: Good Conduct Time Allowances (GCTA) under the Revised Penal Code

Under Article 97 of the Revised Penal Code (RPC), Good Conduct Time Allowances (GCTA) refer to a partial reduction of a prisoner’s sentence as a reward for good behavior while serving time in jail or prison. This provision was significantly amended and expanded under Republic Act No. 10592, which modified the RPC provisions on GCTA, particularly regarding the computation of allowances for good conduct and other similar deductions.

I. Legal Basis

  1. Revised Penal Code (Article 97)

    • Originally provided limited GCTA for prisoners who exhibited good conduct during their imprisonment.

  2. Republic Act No. 10592

    • Enacted in 2013, this law amended Article 97 and related provisions to increase the GCTA granted to qualified prisoners.
    • The Implementing Rules and Regulations (IRR) were issued in 2014 and further clarified in 2019.

II. Nature and Purpose

GCTA serves as an incentive for inmates to exhibit good behavior, rehabilitation, and reform during their incarceration. The policy aligns with the penological goal of reintegration, reducing recidivism, and promoting discipline among inmates.

III. Qualifications for GCTA

  1. Who may avail:

    • Sentenced prisoners serving time in penal institutions, including those convicted of heinous crimes, provided they meet certain conditions (discussed further below).
    • Preventive detainees under Article 29 of the RPC, where good conduct during detention is credited toward the service of the penalty imposed upon conviction.

  2. Who may NOT avail:

    • Prisoners classified as habitual delinquents (Article 62 of the RPC).
    • Recidivists and escapees are generally disqualified unless certain conditions apply.

IV. Computation of GCTA

Under RA 10592, the following credits are given for good behavior:

  1. During the First 2 Years of Imprisonment: 20 days deduction for each month of good conduct.
  2. Third to Fifth Years of Imprisonment: 23 days deduction for each month of good conduct.
  3. Sixth to Tenth Years of Imprisonment: 25 days deduction for each month of good conduct.
  4. Eleventh Year and Beyond: 30 days deduction for each month of good conduct.
  5. Additional Credits for Study, Teaching, and Mentorship: An additional deduction of 15 days per month for activities such as education or mentoring fellow inmates.

The accumulation of credits is non-linear and progresses as the inmate exhibits consistent good behavior over time.

V. Procedural Implementation

  1. Evaluation and Recommendation:

    • Prison authorities evaluate the inmate's behavior and determine their eligibility for GCTA. This is typically conducted by the Bureau of Corrections (BuCor) for inmates in national penitentiaries or by the Bureau of Jail Management and Penology (BJMP) for detainees in local facilities.

  2. Documentation:

    • A "Good Conduct Record" is maintained for each prisoner, outlining their behavior, participation in rehabilitation programs, and compliance with institutional rules.

  3. Approval Process:

    • GCTA credits are formally approved by the warden or officer-in-charge of the penal institution.
    • These credits are then communicated to the courts for proper computation of the revised sentence.

VI. Disqualifications and Forfeiture

  1. Grounds for Disqualification:

    • If the inmate commits a disciplinary offense or violates institutional rules.
    • Prisoners serving sentences for certain heinous crimes (e.g., rape, murder) may be disqualified under recent jurisprudence and regulations.

  2. Forfeiture of GCTA:

    • An inmate may lose accumulated GCTA if they violate prison rules or are found guilty of infractions such as escaping or participating in illegal activities.

VII. Recent Controversies and Legal Clarifications

  1. 2019 Legal Debate on Heinous Crimes:

    • In 2019, a controversy arose regarding the application of GCTA to prisoners convicted of heinous crimes, following an attempted release of several high-profile convicts. This led to a temporary suspension and review of the GCTA system.

  2. Supreme Court Rulings:

    • In Inmates of New Bilibid Prison v. Bureau of Corrections (2019), the Supreme Court clarified that RA 10592 applies retroactively to qualified inmates because penal laws that are favorable to the accused apply retroactively.

  3. Legislative and Administrative Reforms:

    • Congress and the Department of Justice (DOJ) issued clarifications to limit the application of GCTA to exclude heinous crimes in certain contexts.
    • The revised IRR issued in 2019 explicitly excluded heinous crimes from GCTA eligibility.

VIII. Practical Implications

  1. Reduction in Sentencing:
    • A properly managed GCTA system significantly reduces the actual time spent by inmates in incarceration, promoting prison decongestion.
  2. Rehabilitation Focus:
    • Encourages inmates to engage in programs aimed at reform and skill-building.

IX. Key Challenges

  1. Misapplication and Corruption:
    • Instances of alleged corruption and abuse in the computation and approval of GCTA have been reported, leading to public outcry.
  2. Disparity in Enforcement:
    • Inconsistencies between national and local facilities in implementing GCTA policies.

X. Conclusion

The GCTA system represents an essential mechanism for rewarding good conduct and fostering rehabilitation among prisoners. However, its implementation must be carefully monitored to ensure fairness, transparency, and adherence to legislative intent. Legal practitioners handling criminal cases should be well-versed in the procedural and substantive aspects of GCTA to advocate effectively for their clients.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Commutation of Sentence | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Criminal Law: Partial Extinction of Criminal Liability – Commutation of Sentence

Commutation of Sentence refers to the reduction of the penalty imposed on a convicted individual by the Chief Executive (President of the Philippines). It is a form of executive clemency provided under the Constitution and pertinent laws.

Legal Basis

  1. 1987 Constitution of the Philippines

    • Article VII, Section 19: "Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment."

  2. Revised Penal Code (RPC)

    • Article 94: Commutation of the sentence is one of the recognized modes of extinguishing criminal liability partially.

  3. Rules of Court

    • Rule 120, Section 17: Once the judgment of conviction becomes final, it can only be modified by specific legal mechanisms, including commutation.

  4. Revised Administrative Code of 1987

    • Book III, Title I, Chapter 5, Section 17: Provides for the powers of the President, including granting clemency.

  5. Administrative and Executive Issuances

    • Guidelines and procedures for commutation are further detailed in executive orders, Department of Justice (DOJ) circulars, and related issuances.

Nature and Purpose

  1. Definition:

    • Commutation of sentence refers to the reduction of a sentence imposed by the court, either in terms of duration or severity, through the exercise of executive clemency.

  2. Purpose:

    • It seeks to alleviate the harshness of the penalty for reasons of justice, equity, or humanitarian considerations.
    • Provides a second chance to deserving individuals based on good behavior, rehabilitation, or other exceptional circumstances.

Process of Commutation

  1. Initiation:

    • The application for commutation is typically initiated by the convicted person, their family, or legal counsel. It may also be recommended by concerned agencies, such as:
      • Board of Pardons and Parole (BPP)
      • Department of Justice (DOJ)

  2. Preliminary Steps:

    • Submission of Application: The convicted individual must submit a formal application to the BPP.
    • Documentation Requirements: Includes the court decision, proof of good behavior, and certifications of rehabilitation.
    • Recommendation Process: The BPP evaluates the application and submits its recommendation to the President.

  3. Evaluation Factors:

    • Nature and gravity of the offense.
    • Behavior of the convicted individual while serving the sentence.
    • Time already served.
    • Circumstances surrounding the commission of the offense.
    • Public interest and the impact on victims.

  4. Presidential Action:

    • The President exercises discretion in granting commutation and is not bound by the BPP's recommendation.
    • The commutation order, once issued, modifies the sentence as prescribed.

Limitations and Conditions

  1. Discretionary Power of the President:

    • The President's power to commute sentences is plenary and cannot be compelled or questioned.

  2. Final Judgment Requirement:

    • Commutation applies only after the conviction has become final and executory.

  3. Exclusions:

    • Impeachment cases and electoral offenses under specific laws may not be subject to commutation.
    • Sentences for crimes considered heinous may undergo stricter scrutiny.

  4. Conditions for Commutation:

    • May include parole eligibility after serving a reduced portion of the sentence.
    • Conditions imposed must be reasonable and within the scope of the law.

Distinctions from Other Forms of Clemency

  1. Pardon:

    • Absolute pardon completely extinguishes the criminal liability, while commutation only reduces the penalty.
    • Commutation does not restore civil rights unless explicitly stated.

  2. Parole:

    • Parole is conditional release before the full sentence is served, whereas commutation modifies the penalty itself.

  3. Amnesty:

    • Amnesty applies to a class of persons for political offenses and obliterates the offense itself, unlike commutation, which applies only to an individual's penalty.

Effects of Commutation

  1. Partial Extinction of Criminal Liability:

    • The original sentence is replaced or reduced in accordance with the commutation order.
    • Civil liability arising from the crime remains enforceable unless explicitly remitted.

  2. No Automatic Restoration of Civil Rights:

    • The commuted individual may still need to undergo separate processes for the restoration of civil rights.

  3. Finality:

    • The commutation order, once granted, is irrevocable and binding.

Relevant Jurisprudence

  1. People v. Vera (G.R. No. L-45685)

    • Emphasized the discretionary nature of executive clemency, including commutation.

  2. Garcia v. Commission on Audit (G.R. No. 178777)

    • Clarified that commutation does not extinguish civil liability unless explicitly provided.

  3. People v. Valleno (G.R. No. L-35210)

    • Discussed the limits of judicial review in matters of commutation and clemency.

Conclusion

Commutation of sentence is a vital mechanism for the humane administration of justice. It acknowledges the rehabilitative potential of individuals while balancing the interests of society and the justice system. However, its exercise remains an exclusive and discretionary prerogative of the President, subject to established legal and procedural safeguards.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Conditional Pardon [Act No. 1524] | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Conditional Pardon under Philippine Law (Act No. 1524)

Legal Framework

A conditional pardon is an act of clemency granted by the President of the Philippines, which extinguishes criminal liability partially by imposing certain conditions that the grantee must fulfill. This is a mechanism recognized under Act No. 1524 and Article VII, Section 19 of the 1987 Constitution, where the President has the exclusive power to grant pardons, subject to conditions deemed appropriate.

This clemency is subject to the rules laid out in Book One of the Revised Penal Code and further elaborated upon in jurisprudence and executive issuances. Conditional pardons aim to balance clemency with public safety and the rehabilitation of offenders.

Key Elements of Conditional Pardon

  1. Nature:

    • A conditional pardon is not an absolute extinguishment of criminal liability. Instead, it suspends or alleviates the penal consequences based on the compliance with specified conditions.
    • It operates prospectively, meaning the pardon becomes effective only upon acceptance and fulfillment of the conditions by the offender.

  2. Authority to Grant:

    • Under Article VII, Section 19 of the Constitution, the President exercises the power to grant pardons. This power includes the discretion to impose conditions.
    • The grant of a conditional pardon cannot be questioned, as it is a political act within the exclusive domain of the Executive.

  3. Conditions:

    • The conditions attached to a pardon must be lawful, reasonable, and possible to fulfill.
    • Common conditions include:
      • Good behavior and compliance with laws during the probationary period.
      • Reporting regularly to an agency or authority.
      • Prohibition from engaging in specific activities or visiting certain areas.

  4. Acceptance by the Offender:

    • A conditional pardon requires the express acceptance of the offender for it to take effect. The grantee must agree to the terms imposed.
    • If the offender refuses to accept the conditions, the pardon is deemed ineffective.

  5. Revocation for Non-Compliance:

    • If the offender violates the conditions of the pardon, the President has the power to revoke the pardon.
    • Upon revocation, the offender may be required to serve the unexpired portion of their original sentence.

Effects of a Conditional Pardon

  1. Partial Extinction of Criminal Liability:

    • A conditional pardon mitigates or partially extinguishes the penalty imposed by the court but does not erase the crime itself. The civil liabilities arising from the crime remain enforceable.
    • The offender is not fully restored to their status prior to conviction unless explicitly stated in the pardon.

  2. Retention of Disqualifications:

    • The pardon does not automatically remove the accessory penalties, such as perpetual disqualification from public office or loss of political rights, unless expressly included in the terms.

  3. No Automatic Reinstatement:

    • A person conditionally pardoned does not regain public employment, offices, or licenses by mere virtue of the pardon unless these are specifically addressed by the conditions of the clemency.

Procedures for Conditional Pardon

  1. Application:

    • The convict or their representative submits a petition for clemency to the Board of Pardons and Parole (BPP). The petition includes:
      • A certificate of good conduct issued by the Bureau of Corrections or relevant authority.
      • Evidence of rehabilitation and capacity to comply with the conditions.

  2. Recommendation:

    • The BPP evaluates the application and forwards its recommendation to the President. This recommendation is not binding but serves as a critical advisory document.

  3. Grant by the President:

    • The President issues the conditional pardon through an executive clemency document outlining the terms of the pardon and the specific conditions to be fulfilled.

  4. Monitoring and Compliance:

    • The parole authorities or other designated agencies oversee the compliance of the grantee with the terms of the pardon.

  5. Revocation Proceedings:

    • If the conditions are violated, the responsible agency reports the violation to the President, who may issue an order to revoke the pardon. The grantee is then subject to re-arrest and reincarceration.

Jurisprudence

  1. People v. Crisola (G.R. No. L-43627, February 25, 1982):

    • Affirmed that a conditional pardon does not remove the crime’s stigma unless explicitly specified.
    • Violations of conditions result in the reimposition of the original penalty.

  2. Torres v. Gonzales (G.R. No. 117415, October 4, 1996):

    • Highlighted that the acceptance of the conditional pardon binds the offender to comply fully with its terms, and failure to do so is tantamount to forfeiting its benefits.

  3. Monsanto v. Factoran (G.R. No. L-55166, May 9, 1989):

    • Clarified that pardons, conditional or otherwise, do not automatically erase the accessory penalties unless explicitly stated.

Summary

Conditional pardons under Philippine law are a mechanism for partial extinction of criminal liability. They:

  • Require presidential discretion and offender acceptance.
  • Impose conditions that must be strictly followed to avoid revocation.
  • Retain civil liabilities and other consequences unless explicitly pardoned.

These pardons serve a dual purpose of mitigating justice with mercy while ensuring the offender remains accountable and rehabilitated.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Partial Extinction of Criminal Liability

Under Philippine criminal law, the partial extinction of criminal liability refers to situations where the penalties imposed on an offender are either reduced or mitigated without entirely eliminating the liability. This concept is covered under Article 94 to Article 99 of the Revised Penal Code (RPC) and addresses the reduction or modification of penalties through specific legal mechanisms or circumstances.

Legal Bases for Partial Extinction of Criminal Liability

  1. Article 94: Partial Extinction by Conditional Pardon

    • A conditional pardon granted by the President under Article VII, Section 19 of the 1987 Constitution can result in a partial extinction of criminal liability.
    • Effects:
      • The convict's penalty is commuted or reduced based on conditions set forth by the President.
      • If the conditions are violated, the pardon may be revoked, and the convict could be required to serve the remaining penalty.

  2. Article 95: Obligation to Comply with Conditions of Pardon

    • A conditionally pardoned convict must strictly comply with the terms imposed by the pardon.
    • Failure to comply may result in the reinstatement of the original penalty.

Circumstances for Partial Extinction of Criminal Liability

  1. Commutation of Sentence

    • A reduction of the penalty by the President as part of the exercise of executive clemency.
    • Example: A death penalty commuted to life imprisonment or life imprisonment commuted to a fixed number of years.

  2. Parole

    • The grant of parole by the Board of Pardons and Parole under Act No. 4103 (Indeterminate Sentence Law) allows a convict to serve the remaining portion of their sentence outside of incarceration, subject to compliance with conditions.
    • Parole does not extinguish the criminal liability but allows the convict some degree of freedom.

  3. Good Conduct Time Allowance (GCTA)

    • Article 97 of the RPC: A convict’s sentence may be partially extinguished through deductions in their sentence for good behavior during incarceration.
    • Republic Act No. 10592 expanded the GCTA system to encourage inmates to reform.
    • Eligibility:
      • Inmates must demonstrate consistent good behavior.
      • Exceptions apply for certain heinous crimes.
    • Calculation of GCTA:
      • The law prescribes how much time is deducted per month or year based on conduct and length of incarceration.

  4. Other Time Allowances

    • Art. 98: Special Time Allowance for Loyalty
      • If an inmate demonstrates loyalty to the authorities by not taking advantage of chaos or disorder (e.g., a jailbreak opportunity), they may receive a special time allowance.
    • Art. 99: Rules for Deduction of Allowances
      • The Director of Prisons or the proper administrative authority calculates and applies the allowances to the convict’s sentence.

Limitations and Considerations in Partial Extinction

  • Not Applicable to Certain Crimes:

    • Individuals convicted of heinous crimes, repeat offenders, or those who escape from prison may be disqualified from partial extinction mechanisms like GCTA or parole.

  • Mandatory Compliance:

    • All partial extinguishment mechanisms require strict adherence to legal conditions. Violations may lead to revocation or reimposition of penalties.

  • Discretion of Authorities:

    • The application of parole, conditional pardon, or time allowances is subject to the discretion of the relevant administrative or executive body. Courts have no authority to grant such relief directly.

Key Principles

  • Rehabilitation and Reintegration:

    • Partial extinction mechanisms aim to rehabilitate the offender and encourage their reintegration into society by rewarding good behavior and compliance.

  • Balancing Justice and Mercy:

    • These provisions ensure that the justice system remains compassionate without undermining the rule of law.

  • Judicial vs. Executive Functions:

    • While courts impose penalties, the modification or reduction through partial extinction is typically a function of executive or administrative bodies.

Case Law and Jurisprudence

  1. People v. Vera (G.R. No. 45685, 1937)

    • Established the constitutionality of parole and its discretionary nature.

  2. Inmates of the New Bilibid Prison v. De Lima (G.R. No. 212719, 2019)

    • Highlighted the scope and limitations of R.A. No. 10592 regarding GCTA and exclusions for heinous crime convicts.

  3. Garcia v. Executive Secretary (G.R. No. 157584, 2004)

    • Discussed the extent of the President’s powers in granting conditional pardons.

Conclusion

The partial extinction of criminal liability provides mechanisms for modifying penalties without erasing accountability. These provisions aim to promote fairness, reform, and reintegration while maintaining societal order and justice. Understanding the specific rules and limitations is essential for its proper application in criminal law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login