- Law enforcement effects the arrest of those

people who violated the law.

- It investigates, makes arrest and prepares
Non-Institutional Corrections evidence against the suspects needed to
prosecute them.
II. PROSECUTION
- Prosecution takes care of evaluating the
evidence and formally charges the suspects before
the court.
- It serves as screening process on whether
to file a case based on evidence or dismiss the
same and determines what particular crime shall
be formally filed and presents the burden of proof
against the suspect.

- The investigation and prosecution of all

cases involving violations of penal laws are lodged
with the Department of Justice (DOJ) through its
National Prosecution Service (NPS).

Criminal Justice System Department of Justice

-
-headed by the Secretary of Justice with
The sum total of instrumentation which a
three Undersecretaries assisting him.
society uses in the prevention and control of crime
-It is mandated to uphold the rule of law and
and delinquency.
-
ensure the effective and efficient administration
It is the machinery of the state or
of justice.
government which enforces the rules of conduct
necessary to protect life and property and to
National Prosecution Service (NPS)
maintain peace and order.
- Refers to the system or process in the - The NPS was created by virtue of P.D. No.
community by which crimes are investigated, and 1275 and it was enacted on April 11, 1978.
the persons suspected thereof are taken into - It is mandated to assist the Secretary of
custody, prosecuted in court and punished, if found Justice in the performance of powers and functions
guilty, provisions being made for their correction of the Department relative to its role as the
and rehabilitation. prosecution arm of the government, particularly
the investigation and prosecution of criminal
5 Pillars of the CJS
offenses.
III.
[Link] Enforcement
COURT

[Link]
[Link]/Court
• Otherwise known as Judiciary is the

[Link]/Correction
cornerstone or centerpiece of the system

[Link]
wherein it determines whether the person charged
with a criminal offense is guilty or not.

I. LAW ENFORCEMENT
• Its primary and most important function as

-
a component of the CJS is to decide whether the
It occupies the frontline of the CJS because
accused is guilty or not guilty of the crime he is
they are regarded as the Initiator of the System.
-
accused of committing.
consists of the officers and men of the
• One of their functions is also to conduct
Philippine National Police (PNP), National Bureau
arraignment and to hold trial before giving final
of Investigation (NBI), and other agencies.
decision of the case.
IV. CORRECTION
- Considered as the weakest pillar in the
Philippine Criminal Justice System. PHILIPPINE CORRECTIONS SYSTEM
- It is the branch of administration of criminal
It is composed of the institutions in the
justice charged with the responsibility for the
government, civil society and the business sector
custody, supervision and rehabilitation of
involved in the confinement, correction and
convicted offenders.
- restoration of persons charged for and/or convicted
It also deals with punishment, treatment
and incarceration of offenders. of delinquent acts or crimes. The public sector
V. COMMUNITY formulates sound policies and rules on corrections,
penology and jail management, rehabilitation and
-its function is to help and coordinate the restoration. All prisons or penitentiaries, jails and
program of the government specifically on the detention centers are under the direct control and
maintenance of peace and order. supervision of the government.

Early Forms of Punishment It is important to note that the Philippines adheres

1.
to the provisions of the UN Standard Minimum
Blood Feuds
-
Rules for the Treatment of Prisoners and UN
Ancient culture developed the idea of Standard Minimum Rules for Non-Custodial
justice based on vengeance, retribution and Measures (The Tokyo Rules) and other
compensation. When a crime is committed; the international human rights instruments which
victim is expected to dole out justice with his own define and guarantee the rights of inmates.
hands. Punishment was carried out by the victim (Baquilod Alvor, 2005).
personally, along with help provided by one’s
family. The offender will seek refuge in his family The Philippine corrections system adopted two
and friends; as a result of this system, blood feuds approaches for treatment of offenders. These are
developed. Blood Feud is a continuing state of the Institutional-based treatment program
conflict between two groups within a society (Institutional) and the Community-based Treatment
characterized by violence, usually killings and program (Non-institutionalized). These programs
counter-killings.
-
aimed towards the improvement of offender’s
Personal retaliation was later augmented attitude and philosophy of life. Reformation and
by blood feuds – in which the victim’s family or rehabilitation of inmates as well as preparation for
tribe took revenge on the offender’s family or tribe.
2.
the reintegration in the community are the ultimate
Lex Talionis
-
goals of the programs.
Also known as Law of Retaliation, it is a
principle developed in early Babylonian law and INSTITUTIONAL BASED CORRECTION
present in both biblical and early Roman; law that
criminals should receive as punishment precisely In the Philippines, there is a distinction between a
those injuries and damages they had inflicted “jail” and “prison”.
upon their victims.
3. Corporal Punishment Jail is defined as a place of confinement for
- It is the dispensing of bodily harm in inmates under investigation or undergoing trial, or
response to or as deterring measure against serving short-term sentences. This includes
crime. provincial, district, city and municipal jails managed
- It includes flogging, beating, branding, and supervised by the Provincial Government and
mutilation, blinding, and the use of the stock and the Bureau of Jail Management and Penology
pillory. (BJMP), respectively, which are both under the
Department of the Interior and Local Government
4. Exile and Banishment (DILG).
- It is a punishment by prolonged absence
from one’s country imposed by vested authority as Prison on the other hand, refers to the national
a punitive measure. prisons or penitentiaries managed and supervised
by the Bureau of Corrections, an agency under the • Assist the President in the grant of executive
Department of Justice (DOJ). clemency through the Board of Pardons and
Parole.
Two Categories of Inmates
Department of the Interior and Local
According to the BJMP Comprehensive Government (DILG)
Operations Manual 2015 Edition:

a.
• Supervises and controls city, municipal and
Prisoner – inmate who is convicted by final district jails through the Bureau of Jail
judgment;
b.
Management and Penology.
Detainee – inmate who is undergoing • Manages the municipal jails that cannot yet
investigation/trial or awaiting final judgment. be supervised by the BJMP through the
Philippine National Police, including lock-up
Four Classes of Prisoners
jails or precinct jails that are used as
temporary detention centers for arrested
There are four classes of prisoners (BJMP, 2015,
individuals under investigation.
Section 17), they are:
• Manage the provincial jails which, by law,
a. Insular or National Prisoner – one who is keep convicted offenders with prison
sentenced to a prison term of 3 years and 1 day to sentences that range from 6 months and 1
death. day to 3 years through the Offices of the
b. Provincial Prisoner – one who is sentenced Provincial Governor.
to a prison term of 6 months and 1 day to 3 years.
c.
Department of Social Welfare and Development
City Prisoner – one who is sentenced to a
prison term of 1 day to 3 years. (DSWD)

d. Municipal Prisoner – one who is sentenced

• Operates and monitors rehabilitation centers
to a prison term of 1 day to 6 months.
nationwide for juveniles in conflict with the
Three Types of Detainees law (JICL) whose cases are still pending in
court through the Bureau of Child and Youth
There are three types of prisoners (BJMP, 2015, Welfare.
Section 18), they are:
Bureau of Corrections (BuCor)
[Link] undergoing investigation
[Link] awaiting or undergoing trial
• It is an agency under the DOJ that is charged

[Link] awaiting final judgment

with custody and rehabilitation of national
offenders, that is, those sentenced to serve a
Institutional Framework term of imprisonment of more than 3 years.
• To carry out its mandate, the Bureau
The treatment of offenders and individuals who undertakes the following:
are in conflict with the law is undertaken by the • Safekeeping prisoners convicted by courts 3
government through the DOJ, the DILG, and years and 1 day and above to serve
the DSWD. sentence in prison
• Prevent prisoners from committing crimes.
Department of Justice (DOJ)
• Provide inmates basic needs
• Ensure rehabilitation programs are made
• Supervises the National Penitentiaries
available to the inmates for their physical,
through the Bureau of Corrections.
intellectual and spiritual development.
• Administers the Parole and Probation
• Develop livelihood programs to assist
System through the Parole and Probation
inmates earn a living and develop their skills
Administration.
while in prison.
Bureau of Jail Management and Penology it is considered as a least severe sanction, and
(BJMP) may be used in conjunction with suspended
sentence and other options. Offenders meet their
• The BJMP was created on January 2, 1991 probation officers periodically, either in person or
pursuant to Republic Act 6975, replacing its via call-in supervision.
forerunner, the Jail Management and 2. INTENSIVE SUPERVISION
Penology Service of the defunct Philippine - it is an enhanced version of probation, where
Constabulary – Integrated National Police offenders have increased contact with their
(PC-INP). probation officers. Normally, the contacts begin
• The BJMP exercises administrative and with 3 to 5 times a week with regular drug and
operational jurisdiction over all district, city alcohol screenings. Contacts are diminished as
and municipal jails. offenders demonstrate success on this option.
3. RESTITUTION AND FINES
-
Corrections
This option typically used in conjunction
with probation or may be used as stand-alone
• It is a branch of criminal justice
sanctions. It is the most commonly used sanctions.
system concerned with the custody, supervision
- Restitution is the repayment of the offender to
and rehabilitation of offenders.
victims who have suffered financial losses as a
• Refers to the supervision of persons
result of the offender’s crime.
4.
arrested for, convicted of, sentenced for criminal
COMMUNITY SERVICE
-
offenses.
this is typically used in conjunction with
probation or may be used as stand-alone in
sanction. It requires the offenders to voluntarily
donate their time back to serving their community.
5.
Non-Institutional Based Correction or
SUBSTANCE ABUSE TREATMENT
-
Community-Based Correction
Referrals are often provided when the
• Refers to correctional activities that offense either includes some substance or there is
may take place within the community or the evidence during the intake process that an
method of correcting sentenced offenders offender needs such referral.
without having go to prison. 6. DAY REPORTING CENTERS - It requires
the offenders to report to a centralized location on
Study shows that many convicted persons who a daily basis to receive treatment and/or education.

7.
have been incarcerated in jails or prisons, when
they return to community are mostly re-engaged to HOUSE CONFINEMENT

-
the same kind of offense or to some other type of
anti-social activities which if not with the same It is a program that requires offenders to
degree with the first offense, is more serious. remain in their homes except for approved periods
of absence commonly used in combination with
electronic monitoring.
8.
It is also an accepted fact that putting all convicted
HALFWAY HOUSE
-
individuals in jail or prison facilities will definitely
prejudicial to the government considering that they It is used in residential setting. Offenders
consume so much of the government funds and are required to remain in the house at night but are
resources. These are the common reasons for the allowed to obtain employment in their respective
communities.
-
promotion of community-based correction
approach in lieu of institutional correction. Its goal is to provide offenders with a
temporary period of highly structured and
supportive living so that they will be better
prepared to function in independently in the
Types of Community Based Sanctions
[Link]
community upon discharge.
9. BOOT CAMP
- It incorporates rigorous military style reprieve expires, the criminal sentence will be
punishments. It is designed as a shortterm executed as orders by the court unless there are
residential option whereby offenders are given legal circumstances that change the initial
acceptable punishment and discipline.
10.
sentencing, like the result of an appeal.
DIVERSION
- It is a process whereby an alleged offender 4. Recognizance
(usually juvenile delinquent) is “turned away” from -Recognizance or binding over for good behavior,
further movement into the justice system. is a method of assuring good behavior extended at
an early date to a person charged with or convicted
History of Community Based Correction
1. Sanctuary
of misdemeanor and was used in addition to or in

-
substitutions for other punishment.
It is one of the earliest forms of leniency, -It involves the use of a bond or obligation entered
and came into two forms: into by a defendant, who is bound to refrain from
Secular Sanctuary existed through the various doing, or is bound to do, something for a stipulated
cities or regions that were set aside as a form of
period, and to appear in court on a specific date of
neutral ground, safe havens from criminal
trial or for final disposition of the case.
prosecution. Accused criminals could escape
prosecution by fleeting to these cities and DEVELOPMENT OF PROBATION
maintaining residence there.
Religious Sanctuaries began during 4th century • Probation has historical root in the practice of
and were grounded in European Christian judicial reprieve in English common law. The
beliefs that appealed to the kind of mercy of the courts could temporarily suspend the
church. It consisted of place, usually a church or execution of a sentence to allow the
monastery, where the king’s soldiers were defendant to appeal to the crown for a pardon.
forbidden to enter for the purpose of taking an • During the time of King Henry VIII for
accused criminal into custody. instance, no less than 200 crimes were

2. Benefit of Clergy
punishable by death, many of which were

-
minor offense. Evolution of punishment led to
It was initially a form of exemption from discontent by the society.
criminal punishment that was provided for clergy
in Europe during the 12th century. By the 14th
century it had been made available to all who • JOHN AUGUSTUS
were literate. Judges in secular courts provided - John Augustus, the “Father of Probation”,
this option but required the offenders to is recognized as the first true probation officer
demonstrate that they were indeed literate by although the first probation law was passed in
reading out loud Psalm 51. Massachusetts in 1878.
-
3. Judicial Reprieve
He is a shoemaker and a member of
Washington Total Abstinence who practiced
-This was used at the full discretion of judges, probation in United States.
in cases where they did not believe that - Since Washingtonians abstained from
incarceration was proportionate to the crime or alcohol, they believed that alcoholic could be
where no productive benefit was expected. It rehabilitated through understanding, kindness
simply suspended sentences of incarceration as and sustained moral persuasion rather than
an act of mercy or leniency. punishments. - In 1841, he initiated his
Reprieve means the temporary suspension or voluntary probation work by bailing out a
delay in the implementation of a criminal sentence “common drunkard”, who served as the first
ordered by the court. probationer.
-During the time of reprieve, the implementation - The drunkard was ordered to appear in
of the sentence is postponed. Nevertheless, that court accompanied by Augustus three weeks
does not imply that the sentencing and its legal later for sentencing, which surprised everyone
effects are no longer enforceable. Once the there because the former is a sober man,
 whose appearance and demeanor had returned to their parents or guardians who would
dramatically changed. closely supervise them.
- This began Augustus’ 18-year career as a
volunteer probation officer. He advocated the When he held the judicial post of Recorder in the
investigation process as one of the three main City of Birmingham, he also practiced it to selected
concepts of modern probation, the other two offenders who demonstrated a promise for
being intake and supervision. rehabilitation and reformation. They were placed
- under the custody of responsible and willing
He also coined the term “probation” which
individuals and Hill had officers pay periodic visits
he derived from the Latin word “probare”,
to the latter to track the offender’s status and
meaning “to prove, to test”.
development
• JUDGE PETER OXENBRIDGE THATCHER
• Probation of Offenders Act of 1907

- Judge of Boston who used Release on - It is an act of the United Kingdom

Parliament, commonly referred to as just
Recognizance (ROR) or bail and simply refrained
Probation Act.
- This act allows courts to suspend
from taking any further actions.

• FATHER COOK punishment and discharge offenders if

they enter into a recognizance between
- A Bostonian who continued the work of one and three years, one condition of
John Augustus by identifying youthful offenders which was supervision by a person
being tried in courts and whose cases were named in the probation order.
• Probation Act of 1925
- It is signed by President Calvin
committed by forces of circumstances and not
due to the criminal nature of offender.
- Coolidge
- It provided for a probation system in
After finding the offender that the same was
not hard-core criminal and can still be reformed,
the federal courts in the United States.
- It gave the courts the power to
Father Cook presented himself before the court
as adviser of the offender.
suspend the imposition or execution of
• Through the effort of John Augustus and sentence and place defendants on
Father Cook, it resulted to the creation of probation for such period and on such
legislation of the First Probation Law in terms and conditions as they deemed
Massachusetts that is signed into law by Gov. best.

Alexander H. Rice on April 26, 1878

• In 1887, the city of Boston appointed HISTORY OF PHILIPPINE PROBATION

Edward H. Savage, former chief of police of the
• Provisions for Juvenile Probation
- In the Philippines, provisions for juvenile
same city, as the first probation officer of the
government.
• In 1898, Vermont is the second state that probation have been embodied in Article 80 of
passed probation law. But unlike in the Revised Penal Code. It states that sentence
Massachusetts, the probationers pay probation was suspended for offenders under 16 years of
officers, not the government, for supervising age accused of a grave or less grave felony, who
them. were then placed in the care and custody of
public and private entities.
- This was later amended on December 10,
• Matthew Davenport Hill
- “Father of Probation in England”
1974 by Presidential Decree No. 603, known as
As a young professional, Hill had witnessed the the Child and Youth Welfare Code which set the
sentencing of the youth offenders to one day term age of minority to below 18 years of age at the
with the condition that the latter would be time of the commission of the offense.
 - Moreover, Republic Act No. 6425 or the Natividad, who was recognized as the “Father of
Dangerous Drugs Act of 1972 provided for the Philippine Probation, as the first Administrator. -
suspension of sentence and probation of a first- Through this decree probation became an added
time offender under 18 years of age at the time of component of the Philippine Corrections System
the commission of the offense. and proved it institutional worth.
• ACT NO. 4221
- It is the first probation law enacted by the • REPUBLIC ACT NO. 10707 was signed on
Philippine Legislature on August 7, 1935 November 26, 2015, by President Benigno S.
- This created a Probation Office under the Aquino III.
Department of Justice, and provided probation for - It was an Act amending Presidential Decree
first time offenders 18 years of age and above No. 968, otherwise known as the Probation Law
who were convicted of certain crimes. of 1976.
- However, • EXECUTIVE ORDER NO. 292
- The Administrative Code of 1987 was
two years after its
implementation, on November 16, 1937, the
Supreme Court declared it unconstitutional signed on July 25, 1987 by Pres. Corazon C.
Aquino.
- The Probation Administration became
through PEOPLE VS. VERA due to the following
grounds:
Parole and Probation Administration (PPA).
- EO 292 expanded PPA’s mandate to
▪ Encroaches upon the pardoning
power of the President
▪ Constitutes undue delegations of include supervised treatment of released
legislative power prisoners, who after serving a part of their
▪ Denies equal protection of the laws sentence are released on parole or granted
• HOUSE BILL NO. 393 presidential pardon with parole conditions.

- In 1972. House Bill No. 393 was

introduced and filed in the Congress by Cong.
Teodulo C. Natividad and Cong. Ramon D. NON-INSTITUTIONAL CORRECTION IN THE
Bagatsing with the purpose of establishing a PHILIPPINES
probation system in the country. - Its provision
removed the defects of the previous law that 1. PROBATION
made it constitutionally and procedurally - It is a privilege granted by the court to a
defective.
- Despite the congress passing the bill, 393
person convicted of a criminal offense to remain
in the community instead of actually going to
was halted in the Senate of the Philippines upon prison/jail.
declaration of Martial Law. 2. PAROLE
• CONGRESSMAN TEODULO C. NATIVIDAD -
- He is known as the “Father of Probation in
It is the conditional release of a prisoner
from a correctional institution after serving the
the Philippines”
- In 1975, he introduced another proposed
minimum period of prison sentence.
3. EXECUTIVE CLEMENCY
probation decree and was presented on April 24, - Under Section 19, Article VII of the
1976 at the seminar on the probation system Constitution, the President may grant reprieves,
sponsored by the National Police Commission commutations and pardons, and remit fines and
(NAPOLCOM) at the UP Law Center. - The bill forfeitures, after conviction by final judgment.
underwent 18 technical hearings before it was Executive Clemency rests exclusively within
endorsed for approval. the sound discretion of the President.
• PRESIDENTIAL DECREE NO. 968 4.
- On July 24, 1976, the “Adult Probation Law
SUSPENDED SENTENCE FOR FIRST-
TIME MINOR DRUG OFFENDER (FTMDO)
of 1976” was signed into law by President - It is availed only once by an accused drug
Ferdinand Marcos and took effect on January 3, dependent who is a first-time offender over 15
1978.
- With its enactment, it created the Probation
years of age at the time of commission of
violation of Section 15 of RA 9165
Administration with Congressman Teodulo C. (Comprehensive Dangerous Drugs Act of
 2002) but not more than 18 years of age at the Administration was renamed Parole and
time when judgment should have been Probation Administration and given the added
promulgated.
5.
function of supervising prisoners who, after
MAJOR REHABILITATION PROGRAMS
-
serving part of their sentence in correctional
It is the “meat and bone” of community- institutions are released on parole and pardon
based correction. PPA employs community- with parole conditions.
based intervention through a three-pronged
approach: ▪ Restorative Justice (RJ) • Headed by an Administrator who exercises
- It is the rehabilitation of offenders through overall supervision and control over the
reconciliation with victims and the community at operation of PPA, including those in the field.
large. • The Administrator is assisted by a Deputy
Administrator.
▪ Therapeutic Community (TC) • The two high-ranking officials in PPA are

-
appointed by the President with term of six
It is an environment that helps
years or co-terminus to the term of the
people get help while helping others. It is a
president.
treatment environment: the interactions of
its members are designed to be therapeutic
within the context of the norms that require
for each to play the dual role of client- GOALS OF PHILIPPINE PROBATION
therapist. At a given moment, one may be SYSTEM

1. Promote
in a client role when receiving help or
support from others because of a problem the correction and
behavior or when experiencing distress. At rehabilitation of offenders by
another time, the same person assumes a providing them individualized
treatment and reduced the incidence
therapist role when assisting or supporting
of recidivism.
2. Provide a cheaper alternative to
another person in trouble.

▪ Volunteerism through Volunteer Probation the institutional confinement of

Assistant (VPA) offender who are likely to respond to
individualized community-based
- treatment.
3. Prevent further commission of
It is a program of the Parole and
Probation Administration (PPA) aimed at
generating maximum, effective and crime by promoting their development
efficient citizen participation and utilizing innovative interventions and
community involvement in the process of techniques with the end goal of
client rehabilitation, prevention of crime transforming them into productive,
and the overall administration of criminal law abiding and self-respecting
justice. individuals.

PAROLE AND PROBATION FUNCTIONS OF PPA

1. To administer
ADMINISTRATION • The Probation
the parole and
Administration was created by virtue of
probation system
2. To exercise general supervision
Presidential Decree No. 968, also known as
The Probation Law of 1976, to administer the
over all clients who were released
probation system.
through probation, parole and pardon.
• Under Executive Order No. 292, also 3. To promote the reformation and
known as The Administrative Code of 1987, the rehabilitation of criminal offenders.
Probation
 A. Investigation Parole and Probation Administrator
- Conduct character exercises supervision and control over
investigation of petitioner or all probation officers.

[Link] of the Deputy Administrator

applicants for probation
referred for evaluation by the
courts.
- Conduct studies on the
- assists the Administrator and performs such

petitioner’s experiences, duties as may be assigned by the Administrator. -

mental and physical head of this office is called Assistant Parole and
conditions, character, socio- Probation Administrator who is also appointed by
economic status, criminal the president.
records, family and
Qualifications:
educational background and
other aspects of his life.
- Submit to the court a
 At least 35 years of age
 Must have a Master’s degree or
post-sentence investigation
member of the bar
report (PSIR), which will be
 With at least five years supervisory
the basis for granting or
experience or member of the Philippine
denying probation.
- Conduct pre-parole and
Bar with at least one year supervisory
experience.
executive clemency
investigation and submission
• Administrative Division – provides general
of recommendation to the
support services namely:
BPP
B. Supervision
- Provide guidelines, rules
 Management of disbursement and
collection;
and regulations on the  Public information dissemination
implementation of the through quadric media;
Probation Law, and on the  Records management;
proper  Screening of applicants for hiring
compliance/observance by and promotion through psychological
clients of their conditions for testing and evaluation, and
parole, probation and pardon.
- Monitor compliance by
 Capability enhancement of
personnel • Financial Management
client with said conditions and Division – provides the
report the same to the proper administration with advice and
authorities. assistance in budgeting and sound
financial management.

• Planning Division – develops the Agency’s

Organizational Structure of Parole and
strategies and priority Programs / Activities /
Probation Administration
Projects, and monitors and evaluates
performance
• Case Management and Records Division –
[Link] of the Administrator provides assistance to field offices to improve
investigation and supervision procedures,
- acts as the Head of the Agency caseload recording and casework services,
Executive Officer of the Administrator. and manages case documents of client.
- owner of such office is called the • Community Services Division – strengthens
Parole and Probation Administrator who community involvement in the rehabilitation of
is appointed by the President. The
 clients, and generates and mobilizes
resources.
• Legal Division – provides legal opinion /
advice / counsel to the administration.
• Technical Service Division – evaluates and
manages reports on the application for
Parole / Executive Clemency, and functions as
the service arm of the Agency to the Board of
Pardons and Parole.
• Regional Parole and Probation Offices

- headed by Regional Parole and

Probation Officer assisted by Assistant
Parole and Probation Officer
- appointed by the President of the
PPA Organization Chart
Philippines with the recommendation of the
Secretary of Justice.
- exercises supervision and control over
all Provincial / City Parole and Probation PROBATION
Offices within their jurisdiction, and performs
such duties as may be assigned by the - According to the PPA, Probation is a
Administrator. privilege granted by the court to a person
convicted of a criminal offense to remain in
• Provincial/City Parole and Probation Offices the community instead of going to prison/jail.
- According to PD 968 also known as
- headed by the Provincial and City Parole
Probation Law of 1976, Probation is a
and Probation Officers
- there should be at least one PPO in
disposition under which a defendant, after
conviction and sentence, is released subject
each province and city who shall be
to conditions imposed by the court and to the
appointed by the Secretary of Justice upon
supervision of a probation officer.
recommendation of the Administrator
- undertakes the investigation of
petitioners for probation and applicants for
Parole/Executive Clemency referred by Advantages of Probation

1. The government spends much

courts/BPP, supervises and rehabilitates
probationers/ parolees/ FTMDO, and
performs such other duties as may be less when an offender is released
assigned by the Regional Director. on probation than that offender is
placed behind bars (jails/prison).
2. The offender and the offender’s
family are spared the
embarrassment and dishonor of
imprisonment.
3. The offender is able to continue
working and can therefore earn
PHILIPPINE PROBATION SYSTEM
income, pay taxes and pay
damages to the victim of the crime.
Probationer
- a person placed on probation

Probation Officer
 - one who investigates for the court a 1. The court will order the Provincial or City
referral for probation or supervises a probationer Probation Office within its jurisdiction to conduct
or both a Post-Sentence Investigation (PSI) on the
applicant.
Petitioner 2. The probation officer conducting PSI must
- a convicted defendant who files a formal submit the Post-Sentence Investigation Report
application for probation (PSIR) within sixty (60) days from receipt of the
order of said court to conduct such investigation
Absconding Probationer
-
with findings and recommendation.
a person whose probation was granted but
failed to report for supervision POST-SENTENCE INVESTIGATION (PSI)
-
-
is a probationer who has not reported for
initial supervision within the prescribed period the PSI of court referrals is a
and whereabouts could not be found, located or substantive area in the Parole and
Probation Administration’s workload. -
determine despite best diligent efforts.
The investigation of an applicant or
petitioner for probation involves a
Absconding Petitioner
-
thorough study of his criminal record,
convicted defendant whose application for
family history, educational background,
probation has been given due course by the court
married life, occupational record,
but fails to report to the probation officer or his
interpersonal relationships and such
location is unknown.
other aspects of his life which may have
Section 5 of PD 968 (1976) a bearing in the assessment of his
suitability for probation.
“No person shall be placed on probation - Its goal is to provide the courts with
except upon prior investigation or a Post- relevant information and judicious
Sentence Investigation by the probation recommendations for the selection of
officer and a determination by the court that offenders to be placed on probation.
the ends of justice and the best interest of Note: “No person shall be placed on
the public, as well as that of the defendant, probation except upon prior
will be served.” investigation by the probation officer”

Application for Probation

When to apply probation?

POST-SENTENCE INVESTIGATION REPORT
• At any time within the period of perfecting (PSIR) - It enables the Trial Court to determine
an appeal or within fifteen (15) days after whether or not the ends of justice and the best
conviction and sentence. (Probation Rules,
interest of the public primarily, as well as that of
2014, Section 7)
the applicant, would be served by the grant or
denial of the application (Probation Rules, 2014,
Who grants probation?
Section 23). - The probation officer must submit
• Application for probation must be filed only to the court the investigation report not later
with the court that tried and decided the case. than sixty (60) days from receipt of the order of
(Probation said court to conduct investigation.
Rules, 2014, Section 6)
- The court shall resolve the petition
for probation not later than fifteen days
after receipt of said report. (PD 968,
Process after the applicant appears to be
1976, Section 7).
qualified for probation:
Effects of Filing and Receipt of the Application for
Probation
After the filing and the receipt of the application for effectively by his commitment to an institution;
Probation the following will happen: or
2. There is undue risk that during the
1. The execution of the sentence imposed in period of probation the offender will commit
the judgment is suspended;
2. The applicant may be allowed on temporary
another crime; or
3. Probation will depreciate the
liberty under his bail filed in the criminal seriousness of the offense committed.
case, or
3. In the case where no bail was filed or the Disqualified Offenders
applicant is incapable of filing one, the trial
According to Section 2 of RA 10707 (2015), the
court may allow the release of the applicant
on recognizance to the custody of a benefits of Probation shall not be extended to the
responsible member of the community who following:

1. Offenders sentenced to serve a maximum

shall guarantee his appearance whenever
required by the trial court
term of imprisonment of more than six (6)
years;
2. Offenders convicted of any crime against
Grant of Probation

The trial court may, after it shall have convicted the national security;
and sentenced a defendant for a probationable 3. Offenders who have previously been
penalty and upon application within the period of convicted by final judgment of an offense
perfecting an appeal, suspend the execution of punished by imprisonment of more than six
the sentence and place the defendant on (6) months and one (1) day and/or a fine of
probation. more than one thousand pesos (1,000php);
4. Offenders who have been once on
General Rule: No application for probation
probation under the provisions of this
shall be granted if the defendant has perfected
Decree; and
5. Offenders who are already serving
the appeal from the judgment of conviction.

sentences at the time the substantive

Exception: When a judgment of conviction
provisions of the Probation law of 1976.
imposing a non-probational penalty is
appealed or reviewed, and judgment is
Conditions of Probation
modified to a probationable penalty, allowed
to apply for probation. According to Section 10 of PD 968 (1976),
every probation order issued by the court shall
contain conditions requiring that the probationer
shall:
Criteria for Placing and Offender on Probation

1. Present himself to the probation officer

The court needs to consider all information
designated to undertake his supervision
relative to the character, antecedents,
at such place as may be specified in the
environment, mental and physical condition of
order within 72 hours from receipt of said
the offender, and available institutional and
order; and
2. Report to the probation officer at least
community resources in determining whether
an offender may be placed on probation.
once a month at such time and place as
Probation SHALL BE DENIED if the court finds specified by said officer.
that (PD 968, 1976, Section 8):
In addition to this, the court may also require

1. The offender is in need of correctional the probationer to:

1.
treatment that can be provided most
Cooperate with a program of
supervision;
 2. Meet his family responsibilities;
3. Devote himself to specific
employment and not to change said Control and Supervision of Probation
employment without the prior written
• The probationer and his probation program
approval of the probation officer.
4.
shall be under the control of the court who placed
Undergo a medical,
him on probation subject to actual supervision
psychological, or psychiatric examination
and visitation by a probation officer.
and treatment and enter and remain in a
• Whenever a probationer is permitted to
specified institution, when required for
reside in a place under the jurisdiction of another
that purpose;
court, control over him shall be transferred to the
Pursue a prescribed secular study or Executive Judge of the Court of First Instance of
vocational training; that place, and in such case, a copy of the
probation order, the investigation report and other
5. Attend or reside in a facility pertinent records shall be furnished with said
established for instruction, recreation or Executive Judge.
residence of persons on probation; • Thereafter, the Executive Judge to whom
6. Refrain from visiting house of ill- jurisdiction over the probationer is transferred
repute; shall have the power with respect to him that was
7. Abstain from drinking intoxicating previously possessed by the court which granted
beverages to excess; the probation.
8. Permit to a probation officer or
an authorized social worker to visit his
home and place or work;
9.
Period of Probation
Reside at premises approved by
it and not to change his residence without • The period of probation of a defendant
its prior written approval;
10. Satisfy any other condition
sentenced to a term of imprisonment of:
• not more than one year – SHALL NOT
related to the rehabilitation of the EXCEED TWO (2) YEARS, and
defendant and not unduly restrictive of his
liberty or incompatible with his freedom of • in all other cases (meaning more than one year –
conscience. said period SHALL NOT EXCEED SIX (6) YEARS

Effectivity of Probation Order • When the sentence imposes a fine only and
the offender is made to serve a subsidiary
• A probation order shall take effect upon its imprisonment in case of insolvency, the period of
issuance, at which time the court shall inform the probation shall not be less than twice the total
offender of the consequences and explain that
number of days of subsidiary imprisonment as
upon his failure to comply with any of the
computed at the rate established, in Article 39 of
conditions prescribed in probation order or his
the Revised Penal Code.
commission of another offense, he shall serve
the penalty imposed for the offense under which
he was placed on probation.
Supervision of Probationer/s
Modifications of Conditions for Probation
• Involved monitoring the actual behavior of
• At any time during supervision; client-offender/s and compliance with all the
• After summary hearing when the conditions of their temporary liberty as
probationer violated any of its conditions; or implemented in the supervision process.
• Upon application by the probation officer or
the probationer himself.
 • Supervision process shall commence on • A probation officer may authorize a
the day of initial interview or reporting of a probationer to travel outside his area of
probationer. operational/territorial jurisdiction for a period of
more than ten (10) days but not exceeding thirty
Objectives of Probation Supervision (30) days.

1. To ensure the probationer’s compliance

• If the requested outside travel is more than
thirty (30) days, it shall be recommended by the
with the probation conditions specified in
CPPO and submitted to the Trial Court for
the Probation Order and the prescribed
approval. • A probationer who seeks to travel for
treatment and supervision program/plan;
2. To manage
up to 30 days outside the operational/territorial
the process of the
jurisdiction of the Probation Office shall file at
probationer’s rehabilitation and
least five (5) days before the intended travel
reintegration into the community; and
3. To
schedule with a Request for Outside Travel or
provide guidance for the
PPA Form 7 with said office properly
probationer’s transformation and
recommended by the Supervising Probation
development into a useful citizen for his
Officer on case and approved by the CPPO.
eventual reintegration to the mainstream
of society. Violation of Probation Conditions

Levels of Supervision • Based on reasonable cause reported by a

1. Maximum Supervision
reliable informant or on his own findings, the

-
SPPO, SrPPO, PPOII, PPOI concerned or the
This requires personal contact at CPPO himself shall conduct or require the
least once a week with the
Supervising Probation Officer on case to
probationer/parolee including at least once
immediately conduct a fact-finding investigation
a month report in person at the probation
on any alleged or reported violation of probation
office to attend to ladderized
the
condition/s to determine the veracity and
therapeutic community program.
-
truthfulness of the allegation.
This also requires multiple
• After completion of the fact-finding
services from the probation office and the
investigation, the SPO on case must prepare a
community resources available.
-
violation report thereon containing his findings
The probation officers provide
and recommendations and submit the same to
their clients with services such as
the CPPO for review and approval.
employment assistance, vocational training,
• Then the Parole and Probation Office shall
education, medical assistance and seed
file with the trial court a Violation Report or PPA
money for livelihood activities and home
Form 8, containing its findings and
industries.
2. Medium Supervision
recommendation, duly prepared and signed by

-
the SPPO, SrPPO, PPOII, PPOI concerned and
This requires once a month
duly noted by the CPPO for the court’s resolution
personal contact with the
(Probation Rules, 2014, Section 48.a and c)
probationer/parolee and attendance of a
therapeutic community ladderized program
Arrest and Hearing of the Violation of Probationer
and few services from the probation office
• At any time during probation, the court may
and/or community resources.
3. Minimum Supervision
issue a warrant for the arrest of a probationer for

-
violation of any of the conditions of probation. •
This requires once a month
The probationer, once arrested and detained, will
personal contact and attendance of the
be brought immediately before the court for a
therapeutic community ladderized program.
hearing, which may be informal and summary, of
the violation charge.

Outside Travel During Probation

 • The defendant may be admitted to bail 1. Successful completion of
pending such a hearing. probation;
2. Probation revocation for cause
Effect of Revocation under

• If the violation is established, the Trial court Section 49 (a-c) of the Probation Rules;
may order the:
3. Death of the probationer; or
4.
▪ Continuance of the probationer’s probation,
Early termination of probation
▪ Modification of his probation conditions, or such as:
▪ Revocation of his probation
▪ Those who are suffering from serious
• If revoked, the court shall order the physical and/or mental disability such as
probationer to serve the sentence originally deaf-mute, the lepers, the cripples, the
imposed the judgment of his case for which he blind, the senile, the bed-ridden, and the
applied for probation. like;
• An order revoking the grant of probation or ▪ Those who do not need further supervision
modifying the terms and conditions thereof shall as evidenced by the following:
i. Consistent and religious compliance
not be appealable.

with all conditions imposed in the

order granting probation;
ii. Positive response to the program of
Probation Aides
- Are citizen of good repute and probity
- At least 18 years of age on the date of
supervision designed for their
rehabilitation;
[Link] on
appointment - At least high school graduate
- Preferably residence of the same locality or
their social and
economic life;
iv. Marked improvement in their outlook
community covering the place of residence of
the probationer and/or the CPPOs, SPPOs, and
in life by becoming socially aware and
SrPPOs, PPOsII, and PPOsI.
responsible members of the family and
community; and
v. Significant growth in self-esteem, self-
Functions of Probation Aides

1. To assist in the supervision of probationers, discipline and self-fulfillment.

assigned up to a maximum caseload subject ▪ Those who have to travel abroad due to
any of the following:
i. Overseas job contract or any other
to administrative and technical supervision
by the Probation Officers,
2. To prepare records of their activities and similar documents;
accomplish related reports and prompt ii. An approved scholarship, observation
submission of it; and undertake other tour or study grant for a period of not
less than six (6) months; or
[Link]
related activities
3. To identify, generate, tap local community approved application for
immigration; or
iv. An approved application to take the
resources or conduct such activities on skills
training and sports and cultural programs for
clients. Bar and Board Examinations.

Termination of Probation Final Discharge and Its Legal Effects

The Probation Service may be terminated on • After the period of probation and upon
the following grounds (Probation Rules, 2014, consideration of the report and recommendation of
Section 60): the probation officer, the court may order the final
discharge of the probationer upon finding that he French penal colonies continued to operate into
has fulfilled the terms and conditions of his the mid-2oth century, and replaced it with penal
probation, hence the case is deemed terminated. servitude, which incorporated a similar procedure
• The final discharge of the probationer under a different name, release on license.
operates to restore to him all civil rights lost or Through good behavior in custody, a convict
suspended as a result of his conviction and to sentenced to penal servitude could earn release
totally extinguish his criminal liability as to the from a penitentiary.
offense for which probation was grant The release was conditional on good behavior
outside prison; if another offense was committed,
PAROLE the convict could be returned to prison to serve out
the rest of his sentence known as the remanet.
(Bernard, 2015)
It is a French word “Parole d Honeur” and is
used in the sense of word of honor. Has come to
mean an inmate’s promise to conduct him or Personalities in the History of
herself in a law-abiding manner and according to
certain rules in exchange of release. Parole

Historical Background of Parole • Captain Alexander Maconochie - He is

- He is the one who initiated the “Mark

considered as the “Father of Parole”.
Prior to the mid-nineteenth century most
offenders were sentenced to flat or determinate System” and is a major figure in the history of
sentences in prison. Under this type of penal discipline and is best known for his attempt
sentencing, an offender received a specific to implement it at the Norfolk Island penal station

- Mark System is a penal method where

amount of time to serve in prison for a specific from 1840 to 1844.
crime.
This created a major problem when prisons prisoners were held until they had earned a
became crowded. Governors were forced to issue number of marks, or credits, fixed in proportion
mass pardons or prison. Wardens had to to the seriousness of their offenses instead of

- A prisoner became eligible for release

randomly release offenders to make room for serving a fixed sentence.
entering prisoners.
when he had obtained the required number of
• Ticket of Leave credits, which were accumulated for good
In England at that time, nearly all serious crimes conduct, hard work, and study and could be
were punishable by death, though relatively few denied or subtracted for indolence or
offenders were actually executed. The king misbehavior.

- He remedied and perfected the failure and

granted the majority of those sentenced to death • Sir Walter Frederick Crofton
a pardon on the condition that the offender agree

- He developed the Irish System, a system of

to be transported to a penal colony in Australia drawbacks in the Mark System.
or America for English convicts; Africa, New
Caledonia or French Guiana for French convicts. prison management noted for its mark system
England developed a system of ticket of leave, and commutation of sentence, classification of
in which convicts detained under a sentence of prisoners, military discipline, trade and academic
transportation were allowed a measure of training, preparation for free self-control, and
freedom or the right to return to England in return release under police supervision. It is consisted of
for good behavior. three phases:

1. a period of solitary confinement

2. a period of congregate work – a prisoner
• Release on License

England abolished the sentence of advanced to higher levels by credits, or “marks”

th
transportation in the mid-19 century while earned in the industry and good behavior
 3. a period of “intermediate prisons” with Indeterminate Sentence – Under indeterminate

-
minimal supervision sentences, a criminal will range of years as
Release was conditional upon the determined by the judge. The minimum time period
continued good conduct of the offender, who is usually set and after the minimum sentence
could be returned to prison if it seemed advisable. passes, the case will go before a parole board
Prisoners deemed eligible for release were which sets the actual date of release.
issued “ticket of leave” and put under the
supervision of an inspector who verified EXECUTIVE ORDER 83, series of 1937

- It renamed the Board of Indeterminate

employment status and conducted periodic visits
to their new places of residence.

- It gave the Board the authority to advice the

Sentence to Board of Pardons.

- He is the first man to use the word “parole”,

• Dr. Samuel Gridley Howe of Boston
Chief Executive on the course or courses of
he used the word in a letter to a Prison action to take on petitions for executive
Association of New York in 1869, after some clemencies.
American Prison Reformers who observed that
the Irish Prison System paved the way for

- Otherwise known as “The Reorganization

EXECUTIVE ORDER 94
the approval of the law creating Elmira
Reformatory.
Law of 1947” which took effect on December 5,

- He is credited with initiating indeterminate

• Zebulon R. Brockway
1947 and abolished the Board of Pardons and
created the Board of Pardons and Parole.
sentences and parole releases in the United

- He established the Elmira System, an

States.
INDETERMINATE SENTENCE LAW

American penal system named after the Elmira • It is a term of imprisonment with no definite

- He added a new regimen of moral, physical

Reformatory, in New York. duration within a prescribed maximum. A prison
sentence that consists of a range of years such as

- The
and vocational training to the “Mark System”. five to ten years.
Elmira System classified and • The state parole board holds hearings that
separated various types of prisoners, gave them determine when, during that range, the convicted
individualized treatment emphasizing vocational persons will be eligible for parole.
training and industrial employment, used • The principle behind indeterminate
indeterminate sentences, rewarded good sentences is the hope that prison will rehabilitate
behavior, and paroled inmates under supervision. some prisoners; those who show the most
progress will be paroled closer to the minimum
term than those who do not.

PAROLE IN THE PHILIPPINES

ACT NO. 4103 Non-Applicability of the Indeterminate Sentence

- Otherwise known as the “Indeterminate

Indeterminate Sentence is not applicable to
persons who are (Act 4103, 1933, Section 2):
Sentence Law” which was approved on

1.
- It created the Board of Indeterminate
December 5, 1933.
Convicted of offenses punished with death
penalty or life-imprisonment;
2.
Sentence.
Convicted of Treason, conspiracy or
proposal to commit treason;
3.
Determinate Sentence – Under determinate
Convicted of misprision of treason,
sentencing, the criminal must serve the entire
rebellion, sedition or espionage;
4.
sentence. The date of release remains objective.
Convicted of piracy;
5. Habitual delinquents;
 6. Have escaped from confinement or evaded c. One sentenced to serve two (2) or more
sentence; prison sentences in the aggregate exceeding the
7. Having been granted conditional pardon by period of three (3) years.
the Chief Executive shall have violated its terms;
and Note: The BPP may consider the case of a
8. Whose maximum term of imprisonment prisoner for executive clemency or parole only
does not exceed one year. after his case has become final and executory. It
will not take action on the petition of a prisoner
BOARD OF PARDONS AND PAROLE • It is and who has a pending criminal case in court or when
agency under the Office of the Secretary of his case is on appeal
Justice.
PAROLE
• It is the administrative arm of the President
of the Philippines in the exercise of the • It is the release of a prisoner from prison after
constitutional power to grant, except in cases of serving the minimum period of his indeterminate
impeachment, pardon, reprieve and amnesty sentence.
after conviction by final judgment.
• Its main function is to uplift and redeem REVIEW OF CASES FOR PAROLE
valuable human material to economic usefulness
An inmate’s case may be eligible for review by the
and to prevent unnecessary and excessive
board provided:
deprivation of personal liberty by way of parole or

1.
through executive clemency. Their responsibilities
Inmate is serving an indeterminate

1.
as follows:
sentence the maximum period of which exceeds
Looks into the physical, mental and moral
one (1) year;
2.
records of prisoners who are eligible for parole or
Inmate has served the minimum period of
any form of executive clemency and determines
the indeterminate sentence;
3.
the proper time of release of such prisoners on
Inmate’s conviction is final and executory;

2.
parole;
Assists in the full rehabilitation of In case the inmate has one or more co-
individuals on parole or those under conditional accused who had been convicted, the
pardon with parole conditions, by way of parole
director/warden concerned shall forward their

3.
supervision; and
prison records and carpetas at the same time.
Recommends to the President of the
Philippines the grant of any form of executive 4. Inmate has no pending criminal
clemency to prisoners other than those entitled to case; and
parole. 5. Inmate is serving sentence in the
national penitentiary, unless the
Note: The BPP may not consider the release on
confinement of said inmate in a municipal,
pardon/parole of a national prisoner who is
city, district or provincial jails is justified.
serving sentence in a municipal, city, district or
provincial jail unless the confinement in said jail is WHEN MAY A PRISONER BE GRANTED
in good faith or due to circumstances beyond the PAROLE?
prisoner’s control. A national prisoner refers to:

a.
Whenever the BPP finds that there is a
One who is sentenced to a maximum term reasonable probability that, if released, the
of imprisonment of more than three (3) years or to prisoner will be law-abiding and that his release

b.
a fine of more than five thousand pesos; or will not be incompatible with the interest and
Regardless of the length of sentence welfare of society and when a prisoner has
imposed by the court, to one sentenced for already served the minimum penalty of his/her
violation of the customs law or other laws within
indeterminate sentence of imprisonment.
the jurisdiction of the Bureau of Customs or
enforceable by it, or
 WHO MAY GRANT PAROLE TO A 7. Those who were granted
PRISONER? The Board of Pardons and Parole, Conditional Pardon and violated any of the

8.
an agency under the Department of Justice. terms thereof;
Those whose maximum term of
WHO MAY BE QUALIFIED FOR PAROLE? imprisonment does not exceed one (1) year

9.
or those with definite sentence;
A prisoner shall be eligible for the grant of parole
Those suffering from any mental
upon showing that:
disorder as certified by a government
1.
10.
He is confined in a jail or prison to serve an Psychiatrist/psychologist;
indeterminate prison sentence, the maximum Those whose conviction is on

11.
period of which exceeds one year, pursuant to appeal;
final judgment of conviction Those who have pending criminal

12.
case/s.
2. He has served the minimum period of said Those convicted for violation of the
sentence less the Good Conduct Time laws on terrorism, plunder and
Allowances (GCTA) earned. transnational crimes.

3. There is reasonable probability that if

released, he will be law-abiding
PAROLE INVESTIGATION
4. His release will not be incompatible with the
interests and welfare of society. PROCESS

- Process starts upon receipt of the Board of

the prison records and CARPETA of national
DISQUALIFICATION FOR
prisoners (confined in national penal farms and

-
colonies) from the Director of Prisons.
PAROLE
The Director of Prisons has the
responsibility to forward the document to the
In pursuant to Section 2 of Act No. 4103, as Board of Pardons and Parole within 30 days
amended, otherwise known as the “Indeterminate before the expiration of the prisoner’s minimum
Sentence Law”, parole should not be granted
-
sentence.
to the following inmates: If the petitioner’s application is considered,

1.
the Board will issue a Referral, requesting the
Those convicted of offenses punished with
Parole and Probation Administration to conduct

2.
death penalty or life imprisonment
the following within 30 days upon receipt thereof;
Those convicted of treason, conspiracy or
a.
3.
proposal to commit treason or espionage;
b.
Conduct Pre-Parole Investigation (PPI)
Those convicted to misprision of treason, Submit Pre-Parole Investigation Report

4.
rebellion, sedition or coup d’ etat; (PPIR)
Those convicted of piracy or mutiny on the
high seas or Philippine waters; - Upon receipt of said reports, the Board shall

5.
assess and determine whether the petitioner is
Those who are habitual delinquents, qualified for parole. If the offender deserves to
i.e. those whom within a period of ten (10) enjoy the benefits of being placed in parole,
years from the date of release from prison “Release Document” or specifically known as
or last conviction of the crimes of serious or “Discharge on Parole” will be issued for prisoner’s
less serious physical injuries, robbery, theft, temporary liberty.
estafa and falsification, are found guilty of

6.
any said crimes a third time or oftener;
Those who escaped from
confinement or evaded sentence; Parole Investigation Process
 Substantial compliance during parole
supervision would result in the submission of
summary report by the supervising Probation
and Parole Officer. In effect, upon evaluation,
the board may resolve to issue a certificate of
final release and discharge (FRD) for the
absolute freedom of the client.

On the contrary, if the client failed to comply

with any of his parole conditions stated in his
discharge on parole, the supervising Probation
and Parole Officer may submit a Progress,
Infraction or Violation Report with
recommendation to issue and order of arrest
and recommitment (OAR). In this regard, the
board may grant the same which may result to
incarceration of the client.
PAROLE SUPERVISION
ARRIVAL REPORT
• A supervision made after release of a client
from confinement, placed under the • The Probation and Parole Officer
supervision of a Parole Officer. concerned shall inform the Board through the
• The period of parole supervision shall Technical Service, PPA the date the client
extend up to the expiration of the maximum reported for supervision not later than 15
sentence. • Starts upon the issuance of the working days.
“Discharge on Parole” or otherwise known as
VIOLATION REPORT
the “Release Document”.
• Should a prisoner be released because of
• It is submitted to the BPP when parolee
parole, he will be called a parolee. However, if violates other conditions appearing in his release
he will be placed under conditional pardon, he
document.
will be called pardonee. Whether a parolee or
pardonee, both will be considered as “Clients”. PROGRESS REPORT
They will be under the supervision and shall
abide with the conditions stated in their release • It is submitted by the PPO to the BPP when
document. a parolee has committed another crime during the
period of his parole surveillance and case filed
against him has not yet been decided by the
court.
MANDATORY PAROLE
INFRACTION REPORT (IR)

CONDITIONS
• It is a report submitted by the PPO to the
BPP where parolee subsequently convicted of
another crime.

1. To report to the probation office within 45 SUMMARY REPORT

2. To report at least once a month for those

days.

who are residing outside Metro Manila/ to
report at least twice a month for those who are
residing within Metro Manila.
 therefore, the parole board must be assured that
he is willing to work; must make reasonable
efforts to secure and maintain employment; and

4.
must work only in legitimate enterprises.
Avoiding Indebtedness and Unnecessary
Expenditures – The purpose of this regulation is
to encourage thrift, proper budgeting and

5.
responsible habits.
Reporting – This is a requirement in all
parole systems. The parolee is required to report
to his parole officer at stipulated intervals. The
requirement of reporting is in itself a protection of
society in that failure to comply is symptomatic of

6.
the parolee’s maladjustment.
Making Arrival Report – The parolee, in
most parole jurisdictions, is required to report to
his parole officer shortly on his arrival at his

7.
parole residence.
Keeping the Parole Officer Informed of the

8.
Whereabouts of the Parolee
Permitting the Parole Officers to Visit the

9.
REGULATIONAL ASPECT OF Parolee at Home and in His Place of Work
Abstaining from the Use or Overuse of

10. Keeping Curfew Hours.

Liquor.
PAROLE SUPERVISION
11. Provision against Marrying Without
The regulational aspect of parole consists of

12. Provision Against Living

Permission
several rules and requirements promulgated by
in an Illicit
the paroling authority. But why are rules and

13. Regulations against Owning or Operating

Relationship
regulations necessary in parole? The parolee,
whether he likes it or not, needs a certain kind of

14. Prescription against the Use or Sale of

an Automobile
discipline. It instills in him the feeling of security to
know that he is within legal bounds by following

15. Regulation against Carrying or Possessing

the set of rules and regulations. Rules and Narcotics
regulations. Rules and regulations in parole are

16. General
intended to help both society and the parolee. Dangerous Weapons.
Admonitions Regarding
The most common rules and regulations are Observance of Law
the following:

1. Making Restitution – a condition is imposed

to the effect that the parolee must make monetary
TWO TYPES OF PAROLE
2.
restitution to the victim.
Supporting Dependents -- Society expects
ever one to support his dependents and so there
VIOLATORS

1.
is no reason that a parolee should not be required
to do so. If, however, he fails to support his family Those who commits another crime – In this
and dependents through no fault of his like when type, conviction of a new crime by the parolee will
he cannot find or hold a job, it should not be a automatically cause recommitment of the parolee.
If the parolee is convicted but appeals his case in
3.
reason to revoke parole already given.
Getting, Keeping and Reporting Honestly the higher court, the parole officer will submit a
on Employment – Before releasing the parolee, report of said conviction and appeal to the Board
 of Parole which will decide, after due and Discharge to a parolee. The same certificate

2.
investigation, on recommitting the parolee or not. may be issued even before the expiration of
Those who violates parole conditions only – maximum sentence should the BPP after
reviewing the case, is satisfied that parole has
The Board of Parole shall conduct an served its purpose pursuant to the provisions of
investigation, giving careful consideration on the Section 6 of Act No. 4103, as amended.
following:
“… If during the period of surveillance such
• Whether the act was willful; paroled prisoner shall show himself to be a
• Whether the safety of the public is lawabiding citizen and shall not violate any of
involved, and the laws of the Philippine Islands, the BPP
• Whether other disciplinary action than may issue a final certificate of release in his
recommitment to prison might be favor, which shall entitle him to final release
sufficient and discharge.” (Section 6 of Act No. 4103)

Parole Boards are authorized to issue warrants for

the arrest of alleged parole violators or to issue
notices to appear to answer charges where arrest Upon the issuance of a certificate of Final
is not necessary. Release and Discharge, the parolee shall be
finally released and discharged
Parole officers are authorized to arrest or cause from the conditions appearing in his
the arrest without a warrant where immediate release document.
action is necessary against the violator or one who
is in danger of becoming a violator. The parole
officer should submit a written report of the
violation to the parole board. Releases from the jail DIFFERENCE OF PROBATION
of alleged violators should be on order of the
parole board only. AND PAROLE

CANCELLATION OF PAROLE

The BPP may recommend the cancellation of the

pardon or cancel the grant of parole if it finds that
material information given by said client to the
BPP, either before or after release, was false, or
incomplete or that the client willfully or maliciously
concealed material information from the BPP.

The BPP may consider the case of a recommitted

parolee for the grant of new parole after the latter
shall have served one fourth (1/4) of the
unserved portion of his maximum sentence.

TERMINATION OF PAROLE

After the expiration of the maximum sentence of a

client, the BPP shall, upon the recommendation of
the CPPO that the client has substantially
complied with all the conditions of his
parole/pardon, issue a Certificate of Final Release
 imperfect and there are infirmities in the
PAROLE PROBATION
administration of justice. Its exercise is guided by
It is a conditional release It is an alternative to
of a prisoner whereby, he imprisonment. Instead of principles of Restorative Justice concerned not
is placed under the being confined in prison, only with granting offenders a reprieve or freeing
supervision of a Parole the probationer is released the wrongfully convicted, but also with facilitating
to the community by the
the healing of the harm that crime causes to
Officer after serving his court with conditions to
minimum sentence. follow and is placed under families of both the victim and the offender, to
the supervision of PO. communities, and to society at large.
It is an administrative It is a judicial function
function exercised by the
executive branch of the
government
It is the power of the President to:
It is an extension of the It is a substitute for
institutional treatment imprisonment
program 1. Pardon a person convicted of a
It is administered by the It is supervised by the crime;
Board of Pardons and Parole and Probation
Parole Administration
2. Commute the sentence; or
It may be granted more It is enjoyed only once
than once, depending on
3. Suspend the execution of the
good behavior during sentence
imprisonment
It is granted by the BPP It is granted by the court

Reasons for Exercising this

COMPOSITION OF THE BOARD OF PARDONS
AND PAROLE Power

1.
Chairman – Secretary of Justice

2.
Doubts on the guilt of the offender

3.
Apparent excessive sentence
Ex-Officio Member – Probation Administrator of
Humanitarian concerns such as illness of
the Parole and Probation Administration

4.
old aged inmates
Members: To clear the record of someone who has

1.
demonstrated rehabilitation or public service

2.
Sociologist,

3.
Clergyman/Educator, DISQUALIFICATIONS
4.
Psychiatrist,
Person qualified for the work by
Prisoners shall not be granted Executive

5.
training/experience; and
Clemency if:
Member of the Philippine BAR

1. They had been on conditional pardon and

2.
violated any of its conditions;

3.
They are a recidivist;
They were convicted of evasion of
EXECUTIVE CLEMENCY sentence, kidnapping for ransom, violation of
drugs, offenses committed under violation of
It refers to Reprieve, Absolute Pardon, Conditional drugs, offenses committed under the influence of
Pardon with or without Parole Conditions and
4.
drugs;
Commutation of Sentence as may be granted by Their release would be a risk to the
the President of the
5.
community; and
They are suffering from insanity.
Philippines. It is a tool of justice, premised on the
tacit admission that human institutions are WHO MAY APPLY?
 1. 2. Conditional Pardon – It refers to the
2.
A prisoner not eligible for parole;
Who has not been sentenced to another exemption of an individual, within certain limits
prison term within one year from the date of his or conditions, from the punishment which the
last recommitment to the jail or prison from where law inflicts for those offense he had committed

3.
he escaped; resulting in the partial extinction of his criminal
Who has not been suffering from mental liability. (RRRBPP, 2002, Section 2).
illness or disorders certified by a government

4.
psychiatrist;
Who has not violated any condition of his
AMNESTY
discharge on parole or conditional pardon.

- It is a general pardon extended to groups

of persons and is generally exercised by
executive clemency with the concurrence of
Congress. Usually, the recipients of amnesty are
political offenders, although there are some

-
exceptions.
Amnesty looks backward and abolishes
and puts into oblivion the offense itself. It so
overlooks and obliterates the offense with which
he is charged that the person released by
amnesty stands before the law as though he had

-
committed no offense.
Amnesty is extended to convict as well as
persons who have not yet been tried by the court.
Some of the proclamations of amnesty are as
follows:
WHERE TO APPLY?
The President of the Philippines, through the Proclamation No. 51 – This proclamation
chairman of the Board of Pardons and Parole. was issued by the late President Manuel
Roxas on January 28, 1948, granting
amnesty to those who collaborated with the
enemy during World War II.

Proclamation No. 76 – This was issued by

President Elpidio Quirino on June 21, 1948,
extending amnesty to leaders of the
PARDON
Hukbolahap and Pambansang Kaisahan ng

-
mga Magbubukid (PKM). The amnesty
It is the use of executive power that
applied to crimes of rebellion, sedition, illegal
exempts the individual to whom it was given from
association, assault, resistance and
punishment. In the Philippines there are two (2)
disobedience to persons in authority and
types of pardon: illegal possession of firearm.

Proclamation No. 51 – was issued in order to

1. Absolute Pardon – It is the total extinction

attain the following objectives: To pardon
those commited crimes against the security of
of the criminal liability of the individual to the State who have changed their hostile
whom it is granted without any condition. It attitude towards the government and have
restores to the individual his civil and political voluntarily surrendered with their arms and
rights and remits the penalty imposed for the ammunitions. To get the dissidents back into
particular offense of which he was convicted the fold of law-abiding citizens. To gather the
(RRRBPP, 2022, Section 2). loose firearms.
 WHEN CAN AMNESTY BE AVAILED?
CONDITIONS FOR THE GRANT
[Link] and during trial
[Link] the trial of the case OF AMNESTY
[Link] conviction and while serving sentence
Any person applying for amnesty pursuant to this
WHO ARE DISQUALIFIED FROM AMNESTY? Decree must satisfy with the following
requirements:
In the Philippines in accordance to
Proclamation 724 (1996), Amnesty is granted to (a) If under arrest or charged as of the date
all persons who shall apply for it and who have or of this decree, he must submit this application
may have committed crimes in pursuit of their not later than September 30, 1978 in the
political beliefs, whether punishable under the prescribed form hereto attached as Annex A;
Revised Penal Code or special laws, including but
not limited to the following: If not under arrest, he must submit such

a. Rebellion or Insurrection;
application within six months after his arrest or

b. Coup d’etat;
surrender;

c. Conspiracy and proposal to commit (b) He must renew his oath of allegiance to
the Republic of the Philippines and swear or
d. Disloyalty of public officers
rebellion, insurrection, or coup d’etat;
affirm to support and defend the Constitution of

e. Inciting to rebellion or insurrection;

or employees;
the Philippines; and

f. Sedition; (c)
g. Conspiracy to commit sedition;
He must surrender whatever unlicensed

h. Inciting to sedition;
firearms and/or explosives and ammunition he
may have in his possession.
i. Illegal assembly;
j. Illegal association; DIFFERENCE BETWEEN
k. Direct assault;
l. Indirect assault; AMNESTY AND PARDON
m. Resistance and disobedience to a person
1.
n. Tumults and other disturbances of public
in authority or agents of such person; The President may grant amnesty with the
concurrence of the majority of all the
members of Congress while granting pardon
o. Unlawful use of means of publication and
order;
does not need congressional approval.
2. Amnesty covers political offenses, while
p. Alarms and scandals; and
unlawful utterances;
pardon refers to any infraction of peace and order
q. Illegal int the state.
3.
possession of firearms,
ammunitions, and explosives, committed in Amnesty is generally addressed to a group
furtherance of, incident to, or in connection or a community, while pardon is granted to an
individual or a limited number of individuals.
4.
with the crimes of rebellion and
insurrection; violations of Article 59 Amnesty is a public act of which the court
(desertion), 62 (absence without leave), 67 may take judicial notice, while pardon is a private
(mutiny or sedition), 68 (failure to suppress act which must be pleaded and proved by the
mutiny or sedition), 96 (conduct person pardoned because the courts take no
notice of it.
5.
unbecoming an officer and gentleman, and
97 (general article) of the Articles of War. Amnesty is granted either before or after
conviction while pardon is given only after
conviction.

6. Pardon looks forward and relieves the

offender from the consequences of an offense of
which he has been convicted. It abolishes or 3. at least twelve (12) years for prisoners
forgives the punishment, and for that reason it whose sentences were adjusted to a definite
does not work the restoration of the rights to hold prison term of forty (40) years in accordance
public office, or the right of suffrage unless such with the provisions of Article 70 of the Revised
rights be expressly restored by the terms of the Penal Code, as amended.

4. at least fifteen (15) years for prisoners

pardon, and in no case exempts the culprit from
the payment of the civil indemnity imposed upon
him by the sentence (Article 36, Revised Penal convicted of heinous crimes as defined in

7.
Code). Republic Act No. 7659 and other special laws
On the other hand, Amnesty looks committed on or after January 1, 1994 and
backward and abolishes and puts into oblivion the sentenced to one or more Reclusion Perpetua
offense itself so much so that the person released or Life imprisonment.
by amnesty stands before the law precisely as
though he had committed no offense. 5. at least twenty (20) years in case of one

8.
(1) or more Death penalty/penalties, which
In no case does pardon exempt the culprit was/were automatically reduced or commuted
from the payment of civil indemnity imposed upon to one (1) or more Reclusion Perpetua or Life
him by the sentence (Article 36, RPC). Amnesty, imprisonment;
likewise, does not extinguish civil liability (Article
113, RPC).

B. For Conditional Pardon — the petitioner

must have served at least ½ of the minimum
SENTENCE COMMUTATION of his indeterminate sentence.

- It is the shortening of a term of

C.
punishment or lowering of the level of
punishment. For example, a 10-year jail For Absolute Pardon — ten (10) years
sentence may be commuted to 5 years, or must have elapsed from the date of the release
a sentence to death may be commuted to of petitioner from confinement or five years from

-
life in prison. the date of expiration of his maximum sentence
According to the Revised Rules and whichever is more beneficial to him.
Regulations of the Board of Pardons and
Parole (RRRBPP), commutation refers
to the reduction of the duration of a
REPRIEVE

-
prison sentence of a prisoner.

-
Petitions for executive clemency
It is a postponement of the punishment for
may be reviewed if the prisoners meet the
someone convicted of a crime. This temporarily
following minimum requirements:
delays the imposition of a sentence after a judge
orders the sentence. A reprieve remains in place
A. For Commutation of Sentence —
for a certain period of time. It cannot go on
1. the prisoner shall have served at least indefinitely so that the defendant never served his

-
one third (1/3) of the minimum of his sentence.
indeterminate and/or definite sentence or the In the Philippines reprieve refers to the
aggregate minimum of his indeterminate and/or deferment of the implementation of the sentence
definite sentences. for an interval of time; it does not annul the

2. at least ten (10) years for prisoners

sentence but merely postpones or suspends its
execution (RRRBPP, 2002, Section 2)
sentenced to Reclusion Perpetua or Life
imprisonment for crimes or offenses committed
before January 1, 1994.
 Major Rehabilitation Programs Clients are expected to
be: - Self-
respecting;

Therapeutic Community Modality (TCM) - Responsible;

-
-
Respectable; and - Personally effective.
3. COGNITIVE/INTELLECTUAL
It is a self-help social learning treatment
- Clients are
model used for clients with problems of
expected to be:
-
drug abuse and other behavioral problems
Functionally literate;
-
such as alcoholism, stealing, and other anti-
Can read, write, compute, analyze,
social tendencies.
-
discern; - Use other thought
It utilizes the TC Family/ Community of staff
processes; and - Can apply what he
(PPOs and VPAs) and clients as the
has learned.
4. SPIRITUAL
primary therapeutic vehicle to foster
behavioral and attitudinal change. Its rules
and norms, shared beliefs, tools and
Clients are expected to be:
processes combing to enable clients to
actively work toward their individual goals - Integral person
for “right living.” - Practices truthfulness, openness,
righteousness.
-
I. Therapeutic Community
Quality of being complete, unimpaired;
-
-
Of sound moral principle;
-
It is an environment that helps people get help
Value system in harmony with the Divine
while helping others.
-
Law.
5. PSYCHOMOTOR/VOCATIONAL-SURVIVAL
It is a treatment environment, where the
interactions of its members are designed to be
SKILLS
therapeutic within the context of the norms that
require for each to play the dual role of client-
Clients are expected to be:
therapist. At a given moment, one may be in a
client role when receiving help or support from - Demonstrate self-sufficiency
others because of a problem behavior or when - To have a right income, right employment,
experiencing distress. At another time, the right living.
same person assumes a therapist role when
assisting or supporting another person in
trouble.

THERAPEUTIC
FIVE TREATMENT
COMMUNITY
CATEGORIES
MODALITIES
1. RELATIONAL/BEHAVIOR MANAGEMENT
INTERVENTION
Clients are expected to be:

-
STRATEGIES
Integrated into the community;
- Upright, law-abiding, productive;
- Maintains family solidarity; and
- Take concrete steps to repair the damage Therapeutic Community Modality provides a
done to the victim, family & community
2. AFFECTIVE/EMOTIONAL/PSYCHOLOGICAL
well-defined structure for a synchronized and
focused implementation of the various intervention
strategies/activities undertaken by the PPA this This also includes psychological testing and
includes: evaluation as well as psychiatric treatment that
are provided for by the Agency’s Clinical Services
Division.

A. Individual and Group Counseling

Its goal is to assist the clients in trying to F. Literacy and Education

sort out their problems, identify solutions, reconcile
conflicts and help resolve them. This could be done In coordination with LGU programs, adult
either by individual or group interaction with the education classes are available to help clients
officers of the PPA. learn basic writing, reading and arithmetic. This is
particularly intended for clients who are “no read,
no write” to help them become functionally

B. Moral, Spiritual, Values Formation

literate.

This includes seminars, lectures or training

offered and arranged by the PPA, Active NGO’s, G. Community Service
schools, civic and religious organizations are
tapped to facilitate the activities. It refers to the services in the community
rendered by clients for the benefit of society. It
includes tree planting, beautification drives,

C. Work or Job Placement/Referral - It is an

cleaning and greening of surroundings,
maintenance of public parks and places, garbage
informal program wherein a client is referred
collection, blood donation and similar socio-
for work or job placement through the officer’s
activities.
own personal effort, contact or information.

H. Client Self-Help Organization

D. Vocational/Livelihood and Skills Training - This
includes seminars and skills training classes This program takes the form of cooperatives
like food preservation and processing, candle and client associations wherein the clients form
making, novelty items and handicrafts making, cooperatives and associations as an economic
etc. to help the clients earn extra income. group to venture on small-scale projects.
Likewise, vocational and technical trade
classes are available such as refrigeration,

I. Payment of Civil Liability

automotive mechanics, electronic repairs,
tailoring, dressmaking, basic computer training,
etc. through coordination with local barangays,
The payment of civil liability or
parish centers, schools and civic organizations.
indemnification to victims of offenders are
pursued despite the economic status of clients.
Payment of obligations to the victims instills in the
E. Health, Mental and Medical Services - -These minds of the clients their responsibility and the
are medical missions that are organized to consequence of the harm they inflicted to others.
provide various forms of medical and health
services including physical examination and

J. Environment and Ecology

treatment, free medicines and vitamins, dental
examination and treatment, drug dependency
test and laboratory examinations.
 These seminars/lectures tackle anti-smoke victims, ownership of the offender of the crime
belching campaigns, organic farming, waste and the community is search for solutions; it
management, segregation and disposal and creates an obligation to make things right, and
proper care of the environment. Its objective is to promote repair, reconciliation and reassurance.
instill awareness and concern in preserving
ecological balance and environmental health,
seminars/lectures are conducted wherein clients
participate. BASIC ELEMENTS OF

RESTORATIVE JUSTICE
K. Sports and Physical Fitness

1. Encounter
These are activities that provide physical

-
exertion like sports, games and group play are
conducted to enhance the physical well-being of it creates opportunities for victims,
clients. Friendly competition of clients from the offenders and community members who
want to meet and discuss the crime and
various offices of the sectors, together with the
its aftermath;
officers, provide an enjoyable and healthful
respite.

2. Amends
II. Restorative Justice (RJ)

-
-
It expects offenders to take steps to
It is a theory of justice that emphasizes
repair harm they have caused to their
repairing the harm caused or revealed by
victims;
criminal behavior. It is best accomplished
through cooperative processes that includes all
stakeholders.
- RJ differs from contemporary criminal justice in 3. Reintegration
several ways, namely: - It seeks to restore victims and

1. It views criminal acts more comprehensively

offenders as a whole and help them
become contributing members of society;
rather than defining crime as simply and
lawbreaking, it recognizes that offenders
harm victims, communities and even

4. Inclusion
themselves;
2. It involves more parties in responding to
crime rather than giving key roles only to - Provide opportunities for parties with a
stake in a specific crime to participate in
government and the offender, it includes
the resolution.
victim and communities as well; and
3. It measures success differently rather than
measuring how much punishment is
inflicted, it measures how much harm is
repaired or prevented. GOALS OF RESTORATIVE

JUSTICE

- According to PPA, Restorative Justice is a

process through which remorseful offenders
accept responsibility for their misconduct, The primary objective of Restorative Justice (RJ)
particularly to their victims and to the is to repair the harm. The criminal justice
community. Through proactive involvement of professional applying the RJ philosophy needs to
understand the impact of crime on the victims, and - It supports the healing process of the
the latter’s family and future. By helping the victim, victims by providing a safe and controlled
the system can: setting for them to meet and speak with
the offender on a confidential and strictly
• Exert effort to appropriately respond to the voluntary basis.
victim’s harm; - It also allows the offender to learn about
• According hold offenders accountable; the impact of the crime to the victim and
• Reduce the victimization of the victim his/her family, and to take direct
again; responsibility for his/her behavior. In
• Improve active involvement and addition to this, it provides a chance for
cooperation of the victim; and the victim and the offender to forge a
• Protect and empower victims. mutually acceptable plan that addresses
the harm caused by the crime.
- The following processes is being
implemented by the PPA’s Peacemaking
BENEFITS OF Encounter as a community-based
decision model:
RESTORATIVE JUSTICE
1. Mediation
- often referred to as Victim-Offender-Mediation
(VOM). It is a form of Alternative Dispute
a) Reintegration of the offenders to the social Resolution (ADR). Typically, a third stakeholder,
mainstream and encouraging them to the moderator, assists the parties to negotiate
settlement.
- This is a process that provides interested victim/s
assume active responsibility for the injuries
inflicted to the victims;
b) Proactive involvement of the community to an opportunity to meet the offender in a safe and
support and assist in the rehabilitation of structured setting, and engage in a discussion of
victims and offenders; the crime.
c) Attention to the needs of the victims,
survivors and other persons affected by the

2. Conferencing
crime as participating stakeholders in the

- It
CJS, rather than mere objects or passive
is voluntary, structured meeting between
recipients of services of intervention that may offender/s, victim/s and/or both parties’ family and
be unwanted, inappropriate or ineffective;
d) Healing the effects of
friends, in which they address consequences as
the crime or restitution and other outcomes.
wrongdoing suffered by the respective
stakeholders; and
e) Prevention of further commission of crime
3. Circle of Support
- It is a model of RJ which provides an opportunity
and

delinquency. for victims, offenders and community to discuss

the crime, and its aftermath, particularly its effects
on the relationships in the community.

PEACEMAKING ENCOUNTER

- It is a restorative process employed by 4. Indigenous Practices

the PPA. It is a community-based - Its goal is to preserve, protect and respect
gathering that brings the victim, the Indigenous Practices of DOJ-PPA tribal clients.
victimized community, and the offender PPA adopts and adheres to prescribe
together. mechanisms customary to their beliefs but
 ensuring and guaranteeing the due exercise of management, cleaning of esteros, recycling,
the concerned tribal community to reject or allow construction, repair of streets, and the like.

c) Citizenship and Civic Participation –

the intervention, documentation and publication
of the DOJ-PPA of the indigenous conciliation
practice undertaken.
It includes experimental activities which
involve solving community problems; examples;
puppet shows that showcase values, street
dramas, peer counseling.

d) Helping Disadvantage –
RESTORATIVE JUSTICE
Its goal is to enhance an offender’s self-
OUTCOMES esteem; examples: assist handicapped, assist in
soup kitchen, tutor peers, visit the aged in jail
As a result of the restorative justice process, the and hospitals.
following outcomes or interventions may be agreed
upon by parties in a Restorative Justice discussion, e) Crime Prevention Project –
such as, but not limited to:

1. Restitution
This includes, Brgy. Ronda, and giving
testimony to youth.

- It is a process upon which the offender accepts 3. Counseling

accountability for the financial and/or non-financial
losses he/she may have caused to the victim. - Its goal is to enhance the client’s
Restitution is a “core” victim’s right which is very interpersonal relationship and it will help him/her
crucial in assisting the redirection of the victim’s become more aware of his/her
life. The PPO should see to it that the offender shortcomings/weakness. This will also help
complies with this condition. him/her overcome painful experiences that drove

2. Community Work Service

him/her to commit a crime/offense.

4. Family Therapy Session

- It is a work performed without compensation by
the offender for the benefit of the community as an - It aims to develop healthy personal
outcome of a RJ process reached through relationships within the family and to establish
restorative agreement among stakeholders. In its open positive communication between family
application, the offender can be subjected to members and significant others. Family members
perform work service measures, including, but not should be oriented in their individual
limited to any of the following: responsibilities and roles.

a) Mentoring and Intergenerational Service – Volunteerism

Offenders will develop their nurturing needs - It refers to an act involving a wide range of
through caring for other people; example; with activities, including traditional forms of mutual aid
senior citizens, with orphanages, or with street and developmental interventions that provides an
children. enabling and empowering environment both on
the part of the beneficiary receiving and the
b) Economic Development – volunteer rendering the act, undertaken for
reasons arising from socio-developmental,
Offenders link directly with the business business or corporate orientation, commitment or
project; examples: cleaning downtown area, conviction for the attainment of the public good
tree planting, maintenance of business zones, and where monetary and other incentives or
housing restoration, garbage and waste
 reward are not the primary motivating factors (RA • To amplify the extent of services rendered
9418, Section 4). to the clients in an effective yet economical
- It is a program of the Parole and Probation means through the use of volunteers;
Administration (PPA) aimed at generating • To develop a competent corps of VPA who
maximum, effective and efficient citizen will assist the Parole and Pardon Officers in
participation and community involvement in the the effective supervision of its clients;
process of client rehabilitation prevention of crime • To inculcate greater citizen awareness and
and the overall administration of criminal justice. understanding of the criminal justice system
- It was first established under Section 28 of and its components;
Presidential Decree No. 968, the Probation Law • To enhance community participation in
of 1976, which authorizes the appointment of crime prevention, treatment of offenders
citizens of good repute and probity to act as and criminal justice administration; and
probation aides to assist in the supervision of • To foster an attitude of meaningful
probationers, parolees and pardon grantees. involvement in the social, economic, cultural
They were referred to as Probation Aides. and political affairs of the community.
- Under the Volunteer Act of 2007, the concept of
volunteerism in the community was enhanced
and encouraged. The Act provides for National
Government Agencies and Local Government ADVANTAGES OF
Units to establish volunteer programs in their
respective offices to promote and encourage VOLUNTEERISM
volunteering in government programs and
projects as well as enjoin government employees
The advantages of VPA are:
to render volunteer service in social, economic
and humanitarian development undertakings in 1. Opens new fields for community
the community (RA 9418, Section 12.c).
- Volunteer Probation Assistants (VPAs) is the new
involvement in corrections and for training
youth leaders, barangay organizations, and
name for Probation Aides after the amendment civic group in social development; and
made on Presidential Decree 968, through the 2. Makes it possible for the correctional
Republic Act No. 10707. VPAs are to assist the system to exercise supervision of offenders
Chief Probation and Parole Officers in the at less cost to the government.
supervised treatment program of the probationers
(RA 10707, 2019, Section 6).
- Through the Executive Order No. 468 of 2005, the
Volunteer Probation Aide (VPA) Program of the
CHARACTERISTICS OF
Parole and Probation Administration (PPA) was
revitalized. It tasked the PPA to vigorously recruit,
select, train and appoint citizens of good repute
VPA
and probity to effectively provide assistance and
other specialized services to the Administration in Aside from being a citizen of good repute
the supervision and rehabilitation of offenders and probity, here are the characteristics of a
and along the area of crime prevention (EO 468, VPA:
2005, Section 2).
1. Give continued affection to the client, even
when specific behavior is unacceptable and
OBJECTIVES OF build on whatever good points there are;

VOLUNTEERISM 2. Introduce new positive experiences into the

client’s life;
According to PPA the objectives of VPA are: 3. Be aware of the primary responsibilities of
PPA and clients;
 4. Respect confidentiality; a) Supervise a maximum of five
5. Honor all commitments and be on time for clients at any given time
all appointments; b) Work closely with officer-on-
case and CPPO/OIC, and discuss
6. Consult with the PPA staff of in doubt on any treatment plan and status of clients;
matter; c) Submit monthly
7. Keep PPA staff informed of any important accomplishment report to officer-on-
change in the client’s situation or any case or CPPO/OIC, and other
significant incident; reports required; and
8. Be a good behavior model for the client in d) Perform such other tasks as may be
action and word; assigned by the officer-on-case or
9. Participate enthusiastically in volunteer CPPO/OIC.
meetings and training sessions; and 2. As a Resource Individual:
10. Believe that human beings can change their a) Resource Speaker on Volunteerism,
behavior patterns since the primary
objective is to help the client’s re-entry into Restorative Justice, Therapeutic
society.
Community and other topics;

b) Counselor to other clients/ people

who need help;
c) Donor, sponsor or referring person;
QUALIFICATIONS TO BE A
d) Program coordinator of client
VPA
activities;
e) Act as a Mediator, Restorative
According to PPA the following are the
Justice implementer, and
qualifications to be a VPA (PPA, 2019):
Therapeutic Community facilitator.

1. 35 years old or older

2. Reputable member of the community and of
good moral character
3. A resident of the same community as the FUNCTIONS AND
client 4. With adequate source of income or
financially able RESPONSIBILITIES OF VPAs
4. Willing to serve without compensation
5. Willing to prepare reports
6. No criminal record or conviction except former
The functions and responsibilities of
VPA are as follow (PPA, 2019, p.4):
clients with exemplary behavior to be role
models 1. Work in close consultation and cooperation
7. With adequate good health with the Supervising Officer;
2. Keep all information about the supervise in
strict confidentially;
3. Maintain an honest recording and monthly
ROLES OF VOLUNTEER reporting of activities to the Supervising
Officer;
PROBATION AIDES 4. Devote substantial and quality time for
supervision of clients and perform the
There are two primary roles of a VPA (PPA, following task:
2019, p. 3): a) Offer guidance and counselling;
b) Act as placement facilitator;
1. As Director Supervisor:
 c) Implement treatment objectives as provided SO and recorded in the Supervision Case
in the program of supervision; Notes (SCN) of the client.
d) Refer to appropriate agencies’ clients with 9. VPA attends and performs allied supervision
various spiritual, mental, social, emotional, activities and accomplishes VPA Monthly
physical or health needs; and
e) Act as a resource individual.
Reports.

5. Endeavor to heal relationships among the

victim, client and community;
6. Attend TC and RJ sessions/ activities as may SUSPENDED SENTENCE

-
be required; and
7. Assist in other rehabilitation activities for
It is a legal arrangement in which a person
who has been found guilty if a crime is not
clients, as necessary.
sentenced to jail but may be sentenced for
that crime during a specified period.
- It is an alternative to imprisonment where a
judge may partially or entirely suspend the
VOLUNTEER PROBATION convicted individual’s prison or jail sentence
so long they fulfil certain conditions. If the
AIDE CASE ASSIGNMENT conditions are violated, then the state may
petition to revoke the suspended sentence
PROCEDURES and reimpose the original term of the
sentence. - In the Philippines, Suspended
According to PPA, here is how the case/s are Sentence is the holding in abeyance of the
being assigned to VPA: service of the sentence imposed by the

1.
court upon a finding of guilt of the juvenile in
Supervising Officer (SO) identifies a suitable conflict with the law who will undergo
match of VPA and client
2.
rehabilitation. In pursuant to the
CPPO or SO inform the VPA and the client Memorandum of Agreement (MOA) entered
individually of the planned assignment of the into by DOJ-PPA with Dangerous Drug
case to the VPA and explains the program Board (DDB), the PPA has an added task of
and process. conducting investigation of first-time minor
3. CPPO assign case/s of VPA under the drug offenders who apply for suspended
charge of a SO by way of an Officer Order. sentence under R.A. No. 9165.
4. SO formally introduces the client and the
VPA to each other.
5. VPA conducts initial interview/s to get to
know basic information and circumstances of SUSPENSION OF
the client.
6. VPA and client make tentative plans on how SENTENCE OF A
to facilitate and undertake the supervision
process. FIRST-TIME MINOR
7. VPA takes time to study client’s records,
investigation report and supervision history,
DRUG OFFENDER
MPDP, supervision case notes, Payment
Plan, etc. which shall be treated with strict First-Time Minor Drug Offender
confidentiality.
8.
- It refers to a natural person who commits
VPA conducts subsequent supervision
crime or an offense in violation of the Act for
interviews and periodic house and workplace
the first-time when he is over 15 but under 18
visits, results of which to be reported to the
when the decision should have been
promulgated.
Section 66, R.A. 9165
CASE FOR DISPOSITION
An accused who is over fifteen (15) years of
age at the time of the commission of the CONFERENCE
possession of the dangerous drugs, but not
more than eighteen (18) years of age at the According to the Revised Rule on Children in
time when the judgment should have been Conflict with the Law (CICL), the court shall
promulgated after having been found guilty of set the case for disposition conference within
said offense, may be given the benefits of a 15
suspended sentence, subject to the following
conditions: days from the promulgation of sentence
with notice to the social worker of the court,
1. He/she has not been previously the child and the parents or guardian of the
convicted of violating any provision of child and the child’s counsel, the victim and
this Act, or the Dangerous Drugs Act of counsel.
1972, as amended; or of the Revised
Penal Code; or any special penal laws; At the conference, the court shall proceed to

2. He/she has not been previously

determine and issue, any combination of the
following disposition measures best suited to
committed to a Center or to the care of a
the rehabilitation and welfare of the child:
DOH-accredited physician; and
3. The Board favorably recommends that 1. Care, guidance, and supervision orders;
2. Community service orders;
his/her sentence be suspended.

3. Drug and alcohol treatment;

4. Participation in group counseling and
While under suspended sentence, he/she similar activities; and
shall be under the supervision and rehabilitative 5. Commitment to the Youth Rehabilitation
surveillance of the Dangerous Drug Board (DDB),
under such conditions that the court may impose Center of the DSWD or other centers for
for a period ranging from six (6) months to
CICL authorized by the Secretary of the
eighteen (18) months.
DSWD.
Upon recommendation of DDB, the court
may commit the accused under suspended
sentence to a Center, or to the care of a DOH-
The social worker assigned to the child shall
accredited physician for at least six (6)
monitor the compliance by the child in conflict
months, with aftercare and follow-up program
with the law with the disposition measures and
for not more than eighteen (18) months (RA
shall regularly submit to the court a status and
9165, Section 66).
progress report on the matter. The court may
set a conference for the evaluation of such
report in the presence, if practicable, of the
Note: The privilege of suspended sentence to child, the parents or guardian, counsel and
be availed of only once by a first-time minor other persons whose presence may be deemed
offender (RA 9165, 2002, Section 68). necessary.
 This is applicable to those who have been
DISCHARGE OF A FIRST- discharged as rehabilitated by the DOH-
Accredited Center under Voluntary Submission
TIME MINOR OFFENDER Programs, but failed to qualify for exemption from
criminal liability under Section 55. As a
If the first-time minor offender under consequence, they were charged and convicted
suspended sentence complies with the for violation of Section 15 of RA 9165, however,
applicable rules and regulations of the DDB, instead of serving sentence, they were placed on
including confinement in a Center, the court, probation and required to undergo community
upon a favorable recommendation of the DDB service as an alternative to imprisonment.
for the final discharge of the, shall discharge the
accused and dismiss all proceedings.

Upon the dismissal of the proceedings

against the accused, the court shall enter an order
REHABILITATION
to expunge all official records, other than the
confidential record to be retained by the DOJ
PROGRAM
relating to the case. Such an order, which must be
kept confidential, must restore the accused to The Probation Officer assigned to conduct
his/her status prior to the case. supervision of the probationer will prepare a
rehabilitation program for strict compliance by the
The child shall be brought before the court for probationer. The rehabilitation program must be
execution of the judgment of the court finds that prepared after proper consultation with the
the child: probationer, and his relative, or a significant other

1. Is incorrigible; or
who is a responsible and permanent resident of

2. Has not shown the capability of becoming a

the place where the probationer resides.

useful member of society; or The goals of the rehabilitation program are:

3. Has willfully failed to comply with the
1. To fix or, as needed, adjust/readjust the
conditions of the disposition or rehabilitation
level of supervisory control required to
program; or
4. The child’s continued stay in the training
address the overall danger posed by the
probationer to the community.
2. To assess/reassess how the probationer
institution is not in the child’s best interest,

will make amends for the harm he may

have inflicted and what strategies will be
sued to increase his understanding of
VOLUNTARY
the impact of his behavior to himself, his
family and his community;
3. To
CONFINEMENT
identify the behavior gaps,
problematic mindset and/or inadequacy
Voluntary Confinement
in skills that contributed to his
delinquency and involvement in drug,
It is an intervention activity where any drug
and set intervention and treatment
dependent or any person who violates Sec. 15 of
measures and solutions thereafter; and
4. To select appropriate community-work
RA 9165 either by himself or through his parents,
spouse, guardian or relative within the fourth
service which will help probationer/s
degree of consanguinity or affinity, shall apply to
make up for their wrongdoing.
the Board or its duly recognized representative,
for treatment and rehabilitation.
 COMMUNITY SERVICE GOALS OF COMMUNITY

Community Service – It is a free public labor or SERVICE

work with therapeutic purpose as a sanction for an
offense committed to be performed by an offender
for the benefit of the community designed as an
aftercare intervention program for the rehabilitation Community service, either under the Voluntary
of offender/s placed on probation (DDB, 2006, Submission Program or for first-time minor
Section 2). offender is a free public labor which seeks to
achieve the following (DDB, 2006, Section 18):

1. To hold offender accountable for the harm

indirectly caused by him to the community;
2. To present a meaningful lesson for
COMMUNITY SERVICE
offender to realize that crime/offense he
UNDER THE VOLUNTARY has committed has a public repercussion,
and therefore, on his part, incurred
SUBMISSION PROGRAMS restorative obligation to settle;
3. To help offender develop new skills and
practical experiences which he could
acquire for reintegration to the societal
Community Service is an integral part of his
mainstream;
4. To provide the community with human
after-care and follow-up program, as indicated in
the Section 57 of RA 9165 (2002); a probationer
resources that can improve the quality of
who is placed under the supervision of the
life in public environment, business and
Probation Office. It may be done in coordination
even individual residences; and
5. To be a mechanism that can be used by
with the recommendation with nongovernmental
civil organizations accredited by the DSWD, with
the community to foster/enhance public
the recommendation of the Board.
safety and order.

COMMUNITY SERVICE FOR

FIRST-TIME MINOR
“To know, is to know that you know
OFFENDER
nothing.
A first-time minor offender may be placed on
probation or perform community service in lieu
That is the meaning of true
of imprisonment. In case the first-time minor
offender is sentenced to perform community
knowledge.”
service, the order of the Court shall be complied
with under such conditions, time and place as
may be determined by the Court in its discretion - Socrates
and upon the recommendation of the DDB.