Non – Institutional Corrections

Non – Institutional Corrections – take charge of correcting

offender through community based – program such as
probation, suspended sentence for first time minor
offenders, Parole and Conditional Pardon.
Community - Based Correction Programs in the Philippines

➢The Community-Based Treatment Programs are those

programs that are intended to treat criminal offenders within the
free community as alternatives to confinement.
➢It includes all correctional activities directly addressed to the
offender and aimed at helping him to become a law- abiding
citizen.
Advantages of Community - Based Correction

1. Family members need not be victims also for the imprisonment

of a member because the convict can still continue to support his
family.
2. Rehabilitation will be more effective as the convict will not be
exposed to hardened criminals in prisons who will only influence
him to a life of crime.
3. Rehabilitation can be monitored by the community thus
corrections can be made and be more effective.
4. It is less costly on the part of the government. Cost of
incarcerations will be eliminated which is extremely beneficial on
the part of the government.
Types of Non-institutional Correction Programs
Probation
➢It is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of
a probation officer.
Indeterminate Sentence Law / Parole Program
➢It is that type of correctional program that enables the convicted felon after
serving the minimum imposable penalty may be eligible for release on parole.
Executive Clemency
➢It is the power of the Chief Executive to grant amnesty, commutation of
sentence, pardon, reprieve and remit fines and forfeitures to convicted
prisoners
Restorative Justice Program
➢It refers to the program enacted under RA 9344 for CICL’s that requires a
CICL’s to undergo after he/she is found responsible for an offense without
resorting to formal court proceeding like diversion, intervention and
Community based programs.
Agencies Concerned
Parole and Probation Administration (PPA)
✓Headed by Administrator
✓Handles the Investigation petitioners for Probation & Supervision of Probationer,
Parolees, and Conditional Pardonees.
✓Hon. Teodulo Natividad was the first Administrator
Board of Pardons and Parole (BPP)
✓Headed by Chairman (DOJ Undersecretary)
✓Responsible for grant of Parole and recommending Executive Clemency to the
President ( E.O 83, series of 1937)
Department of Social Welfare and Development (DSWD)
✓ Act. 3202, PD 603
✓ JJWC (9344) IJISC (10630)
✓Headed by DSWD Undersecretary as Chairman
✓renders services for Children in Conflict with the Law (CICL)
Probation
➢One of the most common forms of community correction is probation.
Probation can be thought of as a type of post-trial diversion from
incarceration.
➢A term coined by John Augustus, from the Latin verb “Probare”- to
prove, to test.
➢Latin word “Probatio” coined by Frederick Renier which means
testing period
➢It is a disposition under which a defendant after conviction of an
offense, the penalty of which does not exceed 6 years of
imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
History of Probation
The origin of probation can be traced to English criminal law of
the Middle Ages. Harsh punishments were imposed on adults
and children alike for offenses that were not always of a serious
nature. Sentences such as branding, flogging, mutilation, and
execution were common. During the time of King Henry VIII, for
instance, no less than 200 crimes were punishable by death,
many of which were minor offenses
History of Probation
This harshness eventually led to discontent in certain
progressive segments of English society that were concerned
with the evolution of the justice system. Slowly but resolutely, in
an effort to mitigate these inhumane punishments, a variety of
measures were devised and adopted.
History of Probation
Royal pardons
➢could be purchased by the accused; activist judges could refrain from
applying statuses or could opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders could
be charged with a lesser crime.

Security for good behavior “good aberrance”

as much like modern bail: the accused paid a fee as collateral for
good behavior.
Forerunners of Probation

Benefits of Clergy
➢if any member of the clergy was brought to trial before the king’s court,
such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner was subject
to the authority of the Ecclesiastical Court only.
Judicial Reprieve
➢when there is a favorable circumstance in the criminal’s character in
order to give him opportunity to apply to the King for either an absolute
an or conditional pardon. Early English courts began to grants
reprieves to prisoners under sentence of death on condition that they
accept deportation to English settlements in America.
Forerunners of Probation

Recognizance or “Binding over for good behavior”

➢this is considered as the direct ancestor of probation. This involves an
obligation or promise sworn to under court order by a person not yet
convicted of crime he would keep the peace and be of good behavior.
Transportation
➢this was developed from an ancient practice of banishment and
flourished for more than two hundred years as a principal method of
disposing offenders. It served mainly as cheap source of supplying
labor to the colonies of England.
• Disqualifications for Release on Recognizance. – Any of the
following circumstances shall be a valid ground for the court to
disqualify an accused from availing of the benefits provided herein:
• (a) The accused bad made untruthful statements in his/her sworn
affidavit prescribed under Section 5(a);
• (b) The accused is a recidivist, quasi-recidivist, habitual delinquent,
or has committed a crime aggravated by the circumstance of
reiteration;
• (c) The accused had been found to have previously escaped from
legal confinement, evaded sentence or has violated the conditions of
bail or release on recognizance without valid justification;
• (d) The accused had previously committed a crime while on
probation, parole or under conditional pardon;
• (e) The personal circumstances of the accused or nature of the facts
surrounding his/her case indicate the probability of flight if released
on recognizance;
• (f) There is a great risk that the accused may commit another crime
during the pendency of the case;
 Historical Development of Probation in England
England - It is where probation started in a form of suspending
judgment and releasing offender on his own Recognizance (ROR)
Mathew Davenport Hill - Father of Probation in England
➢an 18th century English barrister and judge
➢became the Recorder of Birmingham, a judicial post.
➢He finds persons who act as guardians of the juvenile offender. Then at an
unexpected period, the confidential officer visits the guardian, makes inquiries
and keeps notes of information received.
➢Hill had police officers pay periodic visits to these guardians in an effort to
tack the offender’s progress and to keep a running account.
Historical Development of Probation in USA
USA
➢The first state to enact a real probation law, the first practical demonstration of
probation, first use of the term as court service, and the enactment of the first
probation law occurred in Massachusetts on April 21, 1878
➢but widely upon the passage of the first Juvenile Court law of Cook Country in
Illinois
➢Edward Savage – first Probation officer

John Augustus (True Probation Officer)

➢Father of Probation in the USA.
➢Was a Boston shoemaker
➢member of Washington Total Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
➢In 1841, John Augustus attended police court to bail out a “common drunkard,”
the first probationer.
➢He volunteered his 18 years in life as probation officer
Historical Development of Probation in USA

1841 – considered as birth year of probation.

➢August 1841- Rugged drunk man (3 weeks -The drunkard was brought back to
court where the judge cannot recognize him. Imposes a fine of $ 3.76.)
➢By 1858, John Augustus had provided bail for 1,946 men and women, young
and old. Reportedly, only ten of this number forfeited their bond.

Fr. Rufus Cook – a chaplain in Boston, Massachusetts who continued the work
of Augustus after the latter’s death and employed humane but unscientific
approach.
Historical Development of Probation in USA
Massachusetts became the 1st country to enact a probation law on
April 21/26, 1878
➢Developed “Security for Good Behavior” or otherwise known as Good
Aberrance
➢It was signed by Alexander Hamilton Rice
➢Massachusetts Trial Court Probation Service, more commonly referred to as the
Massachusetts Probation Service (MPS), is the Commonwealth's primary
supervisory law enforcement agency. Created in 1878, it is the first Probation
agency established in the United States.
➢Gardner Taft – Director of Massachusetts Board of State Charities and
Corrections. He said “the result for probation in cases of Juvenile offender
proved effectively, and authorize to appoint probation officer for adult offender.
 Historical Development of Probation in USA
Vermont
➢The 2nd state to enact probation law.
➢Vermont Act of 1898
➢ The Real Probation Law (applied to adult offenders)
➢like Missouri and unlike Massachusetts provided for probation only after
suspension of the execution of sentence.

Rhode Island
➢The 3rd state to enact a real probation law
➢First appeared a complete state-administered probation system.
➢The Act of 1899 empowered the board of state charities and corrections to
appoint a state probation officer and additional probation officers, “one of whom
at least shall be a women,” to serve all courts in the state.
Historical Development of Probation in USA
1899
➢Minnesota and Illinois enacted laws giving probation service to children
only
1901
➢Probation in New York State had its official beginning
January 11, 1909
➢The first probation bill was introduced during the 60th congress, 2nd
session by Representative McCall of Massachusetts.
March 4, 1925
➢The 1st Federal Probation Act became law, signed by President Calvin
Coolidge.
Historical Development of Probation in USA
Killets Case
➢This decision led to the passing of the National Probation Act of
1925, thereby, allowing courts to suspend the imposition of
incarceration and place an offender on probation
✓signed by President Calvin Coolidge
✓the U.S. Federal Probation Service was established.
History of Probation in the Philippines
Act No. 4221 (first law on Probation in PH)
➢enacted by the Philippine legislature on August 07, 1935 and which
created a Probation Offices under the Department of Justice led by a
Chief Probation Officer appointed by the American Governor General with
the advice and consent of the United States.
➢This Law provided probation for the first time offenders, eighteen years of
age and over, convicted of a certain crime.
➢Lasts for only 2 years. The act subsequently declared unconstitutional by
the Supreme Court on Nov. 16, 1937 in People vs. Vera
▪ ISSUE: Whether or not:
1. Encroaches upon the pardoning power of executive.
2. Constitute on undue delegation of legislative power.
3. Denies the equal protection of the law.
Teodulo C. Natividad
➢He is the Father of Probation in the Philippines. He headed the
committee (IDCCP) primarily tasked with the drafting of the adult
probation law.
➢First Administrator of the Parole and Probation Administration
which attached to the DOJ
➢First Filipino Vice President of the United Nations Congress, Geneva
Switzerland
➢Former NAPOLCOM commissioner
➢Former Congressman of Bulacan
➢Introduced House Bill No. 393 in collaboration with former
Congressman Ramon D. Bagatsing.
➢HB 393 - Avoided the objectionable features of ACT 4221
✓ The measure was passed in the Lower House and was pending in the senate
when Martial Law was proclaimed in 1972. Birth of PD
 History of Probation in the Philippines
P.D. 968
➢Reestablished the adult probation law which was signed by Pres. Ferdinand
Marcos on July 24, 1976.
➢“Probation law of 1976” otherwise known” Adult Probation Law of 1976”
➢April 24, 1976 Draft the decree by NEPTALI GONZALES
➢In July 24, 1976 was approved by late President Ferdinand E. Marcos
➢In January 3, 1978 was took effect
PD 1257
➢Comment of the prosecutor within 10 days
➢Decision for granting of Probation by the judge within 15 days (after receipt of
PSIR)
BP 76
➢6 years and 1 day imprisonment is qualified for probation
PD 1990
➢Remove “1 day” and made 6 years imprisonment and below qualified for probation
 History of Probation in the Philippines
E.O 292 Administrative Code Of 1987
➢Renamed Probation Administration (968) to Parole and Probation
Administration
BPP Resolution 229
➢Authorized the PPA to supervise and conduct investigation on
parolee and pardonee
✓Pre – executive Clemency (60 days)
✓Pre-Parole Investigation (60 days)
BPP Resolution 24-4-10
✓Pre – executive Clemency – 30 days (NO EXTENSION)
✓Pre-Parole Investigation – 30 days (NO EXTENSION)
Purpose of Probation
✓Promote the correction and rehabilitation of an offender by
providing him with individualized treatment.
✓Provide an opportunity for the reformation of a penitent
offender.
✓Prevent commission of an offense.
 Benefits Of Probation
1. Protects of society and jails
a. From excessive cost of b. Lessen the clogging of courts.
detention. c. Enlighten loads of prosecutors.
b. From the high rate of recidivism. 5. Helps the offender
2. Protects the victim a. Maintain his earning power.
a. It provides restitution. b. Provides rehabilitation in the
b. It preserves justice. community.
3. Protects the family c. Restore his dignity.
a. It does not deprive the wife and 6. Justifies the philosophy of men
children of husband. a. Life is sacred.
b. It maintains the unity of the b. All men deserve second chance.
homes
4. Assist the government c. Individual can change.
a. Reduce the population of prison
 PD 968
• one of the major goals of the government is to establish a more
enlightened and humane correctional systems that will promote
the reformation of offenders and thereby reduce the incidence
of recidivism;

• the confinement of all offenders prisons and other institutions

with rehabilitation programs constitutes an onerous drain on the
financial resources of the country; and

• there is a need to provide a less costly alternative to the

imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs
WHO MAY APPLY FOR PROBATION?
-Offenders who are convicted by final judgment and
sentenced with imprisonment and/or fine with subsidiary
imprisonment, who are not specifically disqualified by law
Disqualified Offenders IN PD 968
a. Imprisonment of more than six years;
b. Convicted of any Crime against the National Security of the or
Crimes against Public Order ;
c. who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than Two Hundred
Pesos;
d. who have been once on probation under the provisions of this
Decree; and
e. who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to
Section 33 hereof.
 PD No. 968 vs RA No. 10707
Sec. 9. Disqualified Offenders. — The benefits of
this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of “(a) sentenced to serve a maximum term of
imprisonment of more than six years; imprisonment of more than six (6) years;
(b) convicted of any offense against the security of “(b) convicted of any crime against the national
the State; security;
(c) who have previously been convicted by final “(c) who have previously been convicted by final
judgment of an offense punished by imprisonment judgment of an offense punished by
of not less than one month and one day and/or a imprisonment of more than six (6) months and
fine of not less than Two Hundred Pesos; one (1) day and/or a fine of more than one
thousand pesos (Php 1,000.00);
(d) who have been once on probation under the
provisions of this Decree; and “(d) who have been once on probation under the
provisions of this Decree; and
(e) who are already serving sentence at the time the
substantive provisions of this Decree became “(e) who are already serving sentence at the time
applicable pursuant to Section 33 hereof. the substantive
provisions of this Decree became applicable
pursuant to Section 33 hereof
 Requirements on how to avail the benefits of
P.D 968, as amended
Section 8. Criteria for Placing an Offender on Probation. In
determining whether an offender may be placed on probation, the
court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.
Probation shall be denied if the court finds that:
a. The offender is in need of correctional treatment that can be provided most
Effectively by his commitment to an institution; or
b. There is undue risk that during the period of probation the offender will
commit another crime; or
c. Probation will depreciate the seriousness of the offense committed.
Violation of the Following shall Disqualify an
Offender to avail of the Benefits of Pd 968, as amended
1. Video gram Law (PD 1987)
2. Omnibus Election code (BP 881)
3. Wage Rationalization Act (R.A 6727)
4. Comprehensive Dangerous Drugs act (R.A 9165) except:
➢Sec. 12 - Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous
➢Sec. 14 - Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or
Meetings.
➢Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
➢Section 70. Probation or Community Service for a First-Time Minor Offender
in Lieu of Imprisonment.
 RA 9165
• SEC. 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers. – Any person convicted for drug
trafficking or pushing under this Act, regardless of the penalty
imposed by the court, cannot avail of the privilege granted by
the Probation Law or Presidential Decree No. 968, as amended

• Drug Trafficking
• Drug Pushing
 Summary Process on Granting Probation
1. Granted by Court 8. Condition (Mandatory and others)
2. 10 days to Prosecutor’s comment a. Mandatory – within 72 hours report
3. Parole and Probation Administration b. Others – 1/mos.
Officer 9. Condition (Comply or Non-Comply)
4. Referral “Order to Investigate a. Complied – Final or Termination
5. Post – Sentence Investigation Report
(PSI)(60 Days)
6. Post – Sentence Investigation Report 10. Non-Complied – violation or
(PSIR) revocation report
7. Trial judge decision within 15 days a. hearing “Justified”
a. Granted – Probation Supervision i. issue extension
ii. modify condition
b. Denied – serve the original sentence
c. Revocation order- w/ order to arrest
Post Sentence Investigation
Scope of Investigation
➢The inquiry should be a thorough investigation into the character,
antecedents, environment, mental and physical condition of the
offender and available institutional and community resources as well as
all other matters bearing the following questions:
✓ (a) Whether or not the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;
✓ (b) Whether or not there is undue risk that during the period of probation the
offender will commit another crime; and
✓ (c) Whether or not probation will depreciate the seriousness of the offense
committed.
Courtesy Investigation
Full Blown Courtesy Investigation (FBCI)
1. Is a transient offender in a place of commission of the crime and/or a
permanent resident of another place;
2. Has spent pre-adolescent and/or adolescent life in the province or city of
origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances who are residents
of the place of origin. Blown Courtesy Investigation (FBCI)
Submission of Investigation Report
➢The investigation report having been completed, the Chief Probation
and Parole Officer should submit his report to the court, “not later
than 60 days from receipt of the order of the court to conduct the
investigation”.
➢The same period is merely directory, not mandatory, in the sense
that an investigation report submitted after 60 days would still be a
valid report.
➢NO COPY OF REPORT FOR APPLICANT
✓The investigation report as well as the supervision history “shall be privilege
and shall not be disclosed directly or indirectly to anyone other than the
Parole and Probation Administration or the court concerned.
➢NO RIGHT OF APPLICANT TO COMMENT ON REPORT
✓There is nothing in the Probation Law which entitles the applicant to submit
any comment or demand that the court should consider the same.
Grant or Denial of Probation
Probation Discretionary - Probation shall be denied if the court finds
that:
✓The offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
✓There is an undue risk that during the period of probation, the offender will
commit another crime; or
✓Probation will depreciate the seriousness of the offense committed.
▪ APPLICANT MAY REJECT GRANT OF PROBATION
✓ The law does not oblige the defendant to accept the probation granted by the court. He
should be allowed to turn down the same grant especially since he might feel that the
terms and conditions thereof are too onerous for him.
Issuance of Probation Order
➢A probation order shall take effect UPON ITS ISSUANCE, at which time the
court shall
✓ inform the offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty impose for the offense under which he
was placed for probation..
Conditions of Probation
1. present himself to the probation officer designated to
undertake his supervision at such place as may be specified
in the order within Seventy-two hours from receipt of said
order;
2. Report to the probation officer at least once a month at such
time and place as specified by said officer.
 SPECIAL OR DISCRETIONARY CONDITIONS
• The court may also require the probationer to:

• (a) cooperate with a program of supervision;

• (b) meet his family responsibilities;

• (c) devote himself to a specific employment and not to change said

employment without the prior written approval of the probation officer;

• (d) undergo medical, psychological or psychiatric examination and

treatment and enter and remain in a specified institution, when required for
that purpose;

• (e) pursue a prescribed secular study or vocational training;

• (f) attend or reside in a facility established for instruction, recreation or
residence of persons on probation;

• (g) refrain from visiting houses of ill-repute;

• (h) abstain from drinking intoxicating beverages to excess;

• (i) permit to probation officer or an authorized social worker to visit his

home and place or work;

• (j) reside at premises approved by it and not to change his residence

without its prior written approval; or

• (k) satisfy any other condition related to the rehabilitation of the defendant
and not unduly restrictive of his liberty or incompatible with his freedom of
conscience.
Violation of Probation Condition
1. Fact finding investigation order of the court to the Chief
Probation and Parole Officer
2. The PPO prepare and submit violation report to the Chief
Probation and Parole Officer
3. Filing of violation report to the trial court
4. Arrest of erring probationer (WOA)
5. Hearing of violation in the court (summary in nature)
6. Disposition of probation either revocation, continuation or
modification
PROBATION FACT-FINDING TRIAL WARRANT DETENTION (BUT CAN
OFFICER EVALUATION COURT OF POST
ARREST BAIL/RECOGNIZANCE

CONTINUE

COURT WILL
CONDUCT
REVOCATION
SUMMARY
HEARING

MODIFICATION
Modifications of Conditions For Probation
✓at any time during supervision
✓after summary hearing when the probationer violated any of its
conditions
✓upon application by the probation officer or the probationer
himself
Note: only the judge who heard and decided the case has
the power to grant, deny, modify, revoke and terminate
probation.
Absconding petitioner
➢a convicted defendant whose application for probation has been given
due course by the court but fails to report to the probation office or
cannot be located within a reasonable period of time.
Absconding probationer
➢a person whose probation was granted but failed to report for
supervision or fails to continue reporting for supervision or whose
whereabouts are unknown for a reasonable period of time.
Early Discharge and Termination
The arrangement takes place when probation is made to pay
restitution, reparation and indemnification.
In PSIR the recommended payment is that within 1 ⁄ 2 of term
probation – full payment – eligible for consideration for early
termination.
Early Discharge and Termination
The following probationers may be recommended for the early
termination of their probation period:
1. Those who are suffering from serious physical and/or mental disability such
as deaf- mute, the lepers, the crippled, the blind, the senile, the bed-ridden,
and the like;
2. Those who do not need further supervision.
3. Those who have:
a. To travel abroad due to any of the following:
i. An approved overseas job contract or any other similar documents; or
ii. An approved application for scholarship,
iii. observation tour or study grant for a period not less than six (6) months; or
iv. An approved application for immigration.
v. An approved application to take the Bar and Board Examinations.
b. To render public service
i. Having been elected to any public office; or
ii. Having been appointed to any public office.
Note :
Provided, however, that the probationers involved have fully paid
their civil liabilities, if any.
And, that the probationers were not convicted for offenses
involving moral turpitude. Other probationers who have fully
cooperated with/participated in the programs of supervision
designed for their rehabilitation and who are situated under
conditions/circumstances similar in nature to those above
described at the discretion of the proper authorities.
Period of Probation and its Implication (Sec.
14 Of PD 968)
If the convict is sentenced to a term of imprisonment of
✓NOT MORE THAN ONE (1) year, the period of probation shall NOT
EXCEED TWO (2) YEARS.
In all cases, if he is sentenced to
✓MORE THAN ONE(1) YEAR, said period SHALL NOT EXCEED SIX
(6) YEARS.
When the sentence imposes a FINE ONLY and the offender is
made to SERVE SUBSIDIARY IMPRISONMENT in case of
insolvency, the period of probation shall NOT BE LESS THAN
NOR TWICE the total number of days of subsidiary imprisonment
as computed at the rate established by the RPC Art. 39.
 PD No. 968 vs RA No. 10707
Sec. 4. Grant of Probation. — Subject to the
provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon Provided, That when a judgment of conviction
application at any time of said defendant, suspend the imposing a non-probationable penalty is
execution of said sentence and place the defendant appealed or reviewed, and such judgment is
on probation for such period and upon such terms and modified through the imposition of a
conditions as it may deem best. probationable penalty, the defendant shall be
allowed to apply for probation based on the
modified decision before such decision
Probation may be granted whether the sentence becomes final.
imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial The application for probation based on the
court, with notice to the appellate court if an appeal modified decision shall be filed in the trial court
has been taken from the sentence of conviction. The where the judgment of conviction imposing a
filing of the application shall be deemed a waver of the non-probationable penalty was rendered, or in
right to appeal, or the automatic withdrawal of a the trial court where such case has since been
pending appeal.
re-raffled. In a case involving several
defendants where some have taken further
An order granting or denying probation shall not be appeal, the other defendants may apply for
appealable. probation by submitting a written application
and attaching thereto a certified true copy of
the judgment of conviction.
PD No. 968 vs RA No. 10707

Sec. 16. Termination of Probation. — After “SEC. 16. Termination of Probation. - After
the period of probation and upon the period of probation and upon
consideration of the report and consideration of the report and
recommendation of the probation officer, the recommendation of the probation officer, the
court may order the final discharge of the court may order the final discharge of the
probationer upon finding that he has fulfilled probationer upon finding that he has fulfilled
the terms and conditions of his probation the terms and conditions of his probation
and thereupon the case is deemed and thereupon the case is deemed
terminated. terminated.
The final discharge of the probationer shall “The final discharge of the probationer shall
operate to restore to him all civil rights lost operate to restore to him all civil rights lost
or suspend as a result of his conviction and or suspended as a result of his conviction
to fully discharge his liability for any fine and to totally extinguish his criminal liability
imposed as to the offense for which as to the offense for which probation was
probation was granted. granted.
The probationer and the probation officer “The probationer and the probation officer
shall each be furnished with a copy of such shall each be furnished with a
order. copy of such order.”
 PD No. 968 vs RA No. 10707
Sec. 24. Miscellaneous Powers of “SEC. 24. Miscellaneous Powers of
Provincial and City Probation Regional, Provincial and City
Officers. — Provincial or City Probation Officers. - Regional,
Probation Officers shall have the Provincial or City Probation Officers
authority within their territorial shall have the authority within their
jurisdiction to administer oaths and territorial jurisdiction to administer
acknowledgments and to take oaths and acknowledgments and to
depositions in connection with their take depositions in connection with
duties and functions under this their duties and functions under this
Decree. They shall also have, with Decree. They shall also have, with
respect to probationers under their respect to probationers under their
care, the powers of a police officer. care, the powers of a police officer.
They shall be considered as persons
in authority.”
 PD No. 968 vs RA No. 10707

Sec. 27. Field Assistants, “SEC. 27. Field Assistants,

Subordinate Personnel. — Subordinate Personnel. -
Provincial or City Probation Regional, Provincial or City
Officers shall be assisted by such Probation Officers shall be
field assistants and subordinate assisted by such field assistants
personnel as may be necessary to and subordinate personnel as
enable them to carry out their may be necessary to enable them
duties effectively. to carry out their duties
effectively.”
PD No. 968 vs RA No. 10707

Sec. 28. Probation Aides. — To assist the SEC. 28. Volunteer Probation Assistants (VPAs).
Provincial or City Probation Officers in the - To assist the Chief Probation and Parole
supervision of probationers, the Probation Officers in the supervised treatment program of
Administrator may appoint citizens of good the probationers, the Probation Administrator
repute and probity to act as probation aides. may appoint citizens of good repute and probity,
who have the willingness, aptitude, and capability
Probation Aides shall not receive any to act as VPAs.
regular compensation for services except for “VPAs shall not receive any regular
reasonable travel allowance. They shall hold compensation except for reasonable
office for such period as may be determined transportation and meal allowances, as may be
by the Probation Administrator. Their determined by the Probation Administrator, for
qualifications and maximum case loads services rendered as VPAs.
shall be provided in the rules promulgated “They shall hold office for a two (2)-year term
pursuant to this Decree. which may be renewed or recalled anytime for a
just cause. Their functions, qualifications,
continuance in office and maximum case loads
shall be further prescribed under the
implementing rules and regulations of this Act.
Case Load
The maximum supervision caseloads of a Probation Aide /
Volunteer Probation Assistants at any given time shall be
1. Ten (10) probationers on minimum case classification or
2. Three (3) probationers on maximum case classification in
addition to other duties.
Qualifications of Volunteer Probation Assistants
a) Must be citizens of good repute and probity.
b) At least 18 years of age on the date of appointment
c) At least high school graduates and
d) Preferably residence of the same locality or community covering
the place of residence of the probationer and/or the CPPOs,
SPPOs, and SrPPOs, PPOsII, and PPOsI.
Other qualification
1. Of sound mind and of good moral character.
2. As adequate and stable income and willing to serve without any
compensation.
3. Has no criminal record of conviction, except those who have shown
exemplary may therefore be considered role model to fellow offenders.
4. Has the time to supervise a maximum of 5 clients.
 PRIMER ON PROBATION
WHAT IS PROBATION?

Answer: Probation is a privilege granted by the court to

a person convicted of a criminal offense to remain in
the community instead of actually going to prison/jail.
 WHAT ARE THE ADVANTAGES OF
PROBATION?
Answer. a. The government spends much less when
an offender is released on probation than that offender
be placed behind bars (jails/prisons).
b. The offender and the offender’s family are
spared the embarrassment and dishonor of imprisonment.
c. The offender is able to continue working
and can therefore earn income, pay taxes and pay
damages to the victim of the crime
WHO CAN APPLY FOR PROBATION?

Answer: Any sentenced offender, not disqualified, can

apply for probation before serving their prison/jail sentence.
 WHERE AND WHEN SHALL THE
APPLICATION BE FILED?

• Answer: The application shall be filed with the trial court that
tried and sentenced the offender at any time after conviction
and sentence but within fifteen (15) days after promulgation of
judgment
 MAY AN ACCUSED WHO APPEALED THE CONVICTION
APPLY FOR PROBATION ON REMAND OF THE CASE TO
THE TRIAL COURT?
Answer: As a rule, probation and appeal are mutually exclusive
remedies. However, if the judgment of conviction that was
appealed imposed non-probationable penalty and the same was
modified through the imposition of probationable penalty or
conviction for a lesser crime, which is probationable, the
accused shall be allowed to apply for probation based on the
modified decision before such decision becomes final. The
application for probation based on the modified decision shall be
filed in the trial court, which tried and convicted the accused or in
a trial court where such case has been re-raffled.
MAY AN ACCUSED IN A JOINT TRIAL
APPLY FOR PROBATION EVEN IF THE
OTHER CO-ACCUSED APPEALED THEIR
CONVICTION?
Answer: Yes! In a case involving several defendants
where some have taken further appeal, the other defendants may
apply for probation by submitting a written application and
attaching thereto a certified true copy of
the judgment of conviction.
 WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?

Answer: a. Those who are sentenced to serve a maximum term of imprisonment of more
than six (6) years;
b. Those who are convicted of any crime against the national security;
c. Those who have previously been convicted
by final judgment of an offense punished by imprisonment of more than six (6) months and
one (1) day and / or a fine of more than one thousand (Php1,000.00) pesos;
d. Those who have been once on probation under the provisions of this Decree; and
e. Those who are already serving sentence at the time the substantive provisions of this
Decree
became applicable pursuant to Section 33 hereof.
f. Those legally disqualified under special penal laws:
(1) Offenders found guilty of any election offense in accordance with Section 264 of BP Blg.
881 (Omnibus Election Code);
(2) Offenders found guilty of violating RA No. 6727 (Wage Rationalization Act, as amended);
(3) Offenders found guilty of violating RA No. 9165, The Comprehensive Dangerous Drugs
Act of 2002, except Section 12, 14, 17, and 70.
ARE ALL QUALIFIED, CONVICTED PERSONS
AUTOMATICALLY ENTITLED TO PROBATION?
Answer: No. The court will not grant probation if, after
investigation the probation officer finds that:
a. The offender can be treated better in an institution or in other
places for correction;
b. The offender is a dangerous risk to the community;
c. Probation will lessen the gravity of the offense
WHEN PROBATION IS GRANTED, WHAT CONDITIONS
ARE IMPOSED BY The COURT?
Answer: The probationer must:
a. Appear before the probation officer within 72 hours;
b. Report to the probation officer at least once a month;
c. Not commit another offense;
d. Comply with any other condition imposed by the court;
HOW LONG IS THE PERIOD OF PROBATION?
Answer: a. Not more than 2 years if the probationer was
sentenced to imprisonment of 1 year or less;
b. Not more than 6 years if the probationer was sentenced to
imprisonment of more than 1 year.
MAY THE OFFENDER BE RELEASED WHILE THE
APPLICATION FOR PROBATION IS PENDING?
Answer: At the discretion of the court, the probationer may be
released:
a. On the same bond filed during the trial;
b. On a new bond;
c. To the custody of a responsible member of the community (if
probationer is unable to file the bond)
HOW MANY TIMES CAN ONE BE GRANTED
PROBATION?
Answer: An offender can be granted probation only once in a
lifetime.
WHAT HAPPENS TO A PROBATIONER IF THE
CONDITIONS OF PROBATION ARE VIOLATED?

Answer: The probation officer investigates the alleged violation

and if it is established, a report is submitted to the court.
Depending upon the nature and seriousness of the violation,
there can be modification of the conditions or revocation of
probation by the judge. There is also the possibility of arrest
including criminal prosecution of probationer in the event of
commission of another offense. The revocation proceeding is
summary. If the court finds the probationer guilty of serious
violation of the conditions of probation, the offender may be
ordered to serve the original sentence imposed.
PAROLE
 PAROLE
➢It is the process of suspending the sentence of a convict after
having served the minimum of his sentence without granting him
pardon, and the prescribing term upon which the sentence shall
be suspended.
➢It is the release from imprisonment, but without full restoration of
liberty, as parolee is in custody of the law although not in
confinement.
➢refers to the conditional release of an offender from a
correctional institution after he has served the minimum of his
prison sentence (Legal Definition)
➢French word “PAROLE D’ HONEUR” meaning “Word of Honor”.
Development of Parole
Alexander Maconochie
➢He is the Superintendent of the penal colony at Norfolk Island in
Australia (1840) who introduced the Mark System that became the
blueprint of modern day parole.
➢He is considered as the father of modern penology.
Mark System
➢A progressive humane system in which a prisoner is required to earn
a number of marks based on proper department, labor and study in
order to entitle him for ticket for leave or conditional release which is
similar to parole.
✓Prisoners who earned a required number of marks are given a ticket of leave
which is equivalent to parole.
✓Fair disciplinary trial, built churches, distribute book and allowed play to be
staged, permitted prisoners to find small garden and rehabilitation system.
Development of Parole
Walter Crofton
He is the director of the Irish Prison in 1854 who introduced the Irish
system that was modified from the Macanochie’s mark system.
Irish System (forerunner of the American parole system) involved
four (4) stages:
1. beginning with nine (9) months of solitary confinement
2. a period in which convicts could earn marks through labor and
good behavior,
3. transfer to an open prerelease prison when they have
accumulated the necessary number of marks a ticket of leave.
Development of Parole
1837
➢First Parole Law was passed in Massachusetts.
➢At the same time Captain Maconochie, In charge of the English
Penal Colony in Norfolk Island, Australia, introduce a system
whereby a prisoner was given a “TICKET OF LEAVE” (the
equivalent of parole) after earning a certain required number of
marks.
Development of Parole
DR. S.G. HOWE OF BOSTON
➢First man to use the word “PAROLE”.
➢He used the word in a letter to the Prison Association of New
York in 1869, after some American Prison Reforms who
observed that the Irish Prison System paved the way for the
approval of the law --- creating Elmira Reformatory.
Development of Parole
Zebulon Brockway
➢First Superintendent of Elmira Reformatory in New York
➢He introduced training school type, education for prisoners, solitary
confinement for night and congregate workshop were adopted,
extensive use of parole and indeterminate sentence.
➢The Elmira Reformatory (1876 in Elmira, NY) First reformatory and
considered as the forerunner of modern penology because it had all
the elements of a modern system.
2nd grade of classification (6 mths) 1st Grade (6 months) Release
3rd grade misconduct
1 month of good behavior
Parole in the Philippines
Act No. 4103 (ISLAW)
➢as amended by Act No. 4203 and Act No. 4225
➢is the Indeterminate Sentence Law, which took effect on 5 December 1933 and
currently still enforceable. This law is responsible for the establishment of the
parole system in the Philippines and the Board of Pardons and Parole, which is
tasked to administer the parole system.
➢E.O 83 Series of 1937
✓Change “Board of indeterminate sentence” to Board of Pardons
✓Has the power to assist and recommend to president in granting executive
clemency
E.O 94 Series of 1947 “The Reorganization Law of 1947”
✓ Renamed to Board of Pardons and Parole

BPP RESOLUTION 229 – AUTHORITY OF REGIONAL PROBATION AND PAROLE

OFFICERS to conduct Pre-Parole Investigation
Board of Pardons and Parole
➢The Board of Pardons and Parole was created pursuant to Act
No. 4103, as amended. It is the intent of the law to uplift and
redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal
liberty.
➢It grants parole and recommends to the President the grant of
any form of executive clemency to deserving prisoners or
individuals.
➢It reviews reports submitted by the Parole and Probation
Administration (PPA) and make necessary decisions
➢It is a functional unit under the Department of Justice.
Duties of the Board:
a. Look into the physical, mental and moral record of prisoners
who are eligible for parole and determines the prescriptive period
of their release;
b. Publication of names of Prisoners being considered for parole;
c. Notify the offended party;
d. Review cases of prisoners eligible for parole or executive
clemency; and
e. Issue referral to the Parole and Probation Administration.
 Composition of the BPP
Sec. 3, Act 4103
✓1 Chairman (DOJ Secretary) ex-officio
✓4 members (Sociologist, Psychiatrist,
Clergyman/Educator/Woman)
Term: 6 years

E.O 1007, Series of January 31, 1985

✓1 Chairman (DOJ Secretary)
✓4 plus 2 members. (6 members)
E.O 154, Series of December 11, 2002
✓1 Chairman
✓6 members (one of them is administrator of PPA as an ex officio
member)
✓SOCIOLOGIST, CLERGYMAN,EDUCATOR, TRAINED IN
CORRECTION, BAR MEMBER, At least one member of the board
shall be a woman
E.O 868, Series of 2010
1 Chairman (undersecretary)
7 members (assistant secretary)
Executive Clemency
➢Is a disposition of the President to show mercy, especially toward
an offender or enemy. It is granted for the purpose of relieving the
harshness of the law or correcting mistakes in the administration
of justice.
➢under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted
individual.
➢In the United States, clemency is granted by a governor for state
crimes and by a president for federal crimes.
➢Clemency can take one of four forms:
✓ Reprieve, Commutation of Sentence, Pardon and Amnesty.
Constitutional Basis:
ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
➢Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after conviction by final
judgment. He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.

Section 5, Article IX
➢(Constitutional Commissions- The Commission on Elections)
➢No pardon, amnesty, parole, or suspension of sentence for violation
of election rules, and regulations shall be granted by the President
without a favorable recommendation of the Commission.
Executive Clemency
Why it is Extended?
➢In general, Executive Clemency is often extended for
humanitarian reasons, such as to an aged and ill inmate who
needs specialized medical care. Inmates who suffer from
serious, contagious, or life threatening illness or disease and
those prisoners with severe disability can now be recommended
for executive clemency.
▪ It is also extended in the following instances:
a. When there is real doubt about the guilt of the party.
b. When the sentence given is Apparently excessive
c. When the party is a political or personal friend of the President.
d. To clear the record of some who has demonstrated rehabilitation or public
service.
Referral of Petition For Executive Clemency/Parole To
Other Government Agencies

a. Secretary of National Defense - If the crime committed by the

petitioner is against national security or public order or law of
nations.
b. Commission on Elections - In case of violation of election laws,
rules and regulations.
c. Department of Foreign Affairs - In case of an alien.
Commutation of Sentence
✓Reduction or lowering, shortening of sentence
✓an executive clemency changing a heavier sentence to a less
serious one, or a longer prison term to a shorter one
✓granted by the president with the recommendation of the BPP
✓granted after conviction but do not erase the fact of conviction
of the person
✓granted with condition of maintaining good behavior
Eligibility For Commutation Of Sentence
He must have served at least one third (1/3) of the minimum of
his indeterminate sentence or the following portions of his prison
sentence consisting of Reclusion Perpetua
✓at least ten (10) years if convicted of Robbery with Homicide, Robbery
with Rape, or Kidnapping with Murder
✓at least eight (8) years if convicted of Simple Murder, Parricide, Rape
or Violation of anti-drug laws
✓at least twelve (12) years if given two or more sentences of Reclusion
Perpetua
✓at least twenty (20) years in case of two (2) sentences for Reclusion
Perpetua, provided that at least one (1) of the sentences had been
automatically commuted from a death sentence
Reprieve
➢refers to the deferment of the implementation of the sentence
for an interval of time; it does not annul the sentence but merely
postpones or suspends its execution. The postponement /
withholding or temporary stay of the execution of a death
sentence
➢Reprieve is a temporary stay of the execution of the sentence.
Like pardon, the President can only exercise reprieve when the
sentence has become final. Generally, reprieve is extended to
death penalty prisoners. The date of the execution of sentence
is set back several days to enable the Chief Executive to study
the petition of the condemned man for commutation of sentence
or pardon.
When a Death Sentence May be Suspended?

Death sentence shall be suspended when the accused is:

1. A woman, while pregnant;
2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a person
over 70 years old is necessary to give the President time to act because
only the President can reduce the sentence.
5. In cases wherein, a convicted prisoner became insane before the
actual date of execution.
Amnesty
➢an act of the sovereign power granting oblivion or general
pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political
character, such as treason, sedition or rebellion
➢from the Greek stem amnestia, meaning to forget,
➢Also known as General Pardon or Blanket Pardon
➢The purpose is to hasten a country’s return to political normalcy
by putting behind it the animosities of the past through a pardon
that will open the door to living normal lives for groups of people
targeted by amnesty.
 History of Amnesty
USA
➢President Harry S. Truman issued two Presidential proclamations granting
amnesty to groups of unnamed persons who were anti-war activists who
opposes the involvement of the U.S in two wars.
✓ 1st was in 1945 after World War II
✓ 2nd is after Korean War in 1952
Philippines
➢Presidential proclamation no. 51 by President Manuel Roxas
✓ For those who collaborated with the Japanese during WWII
➢Presidential proclamation no. 76 by Elpidio Quirino
✓ For those members of HUKBALAHAP and Pambansang Kaisahan ng Mga Mambubukid
(PKM) an organization of peasants fighting for agrarian reform and is part of the
communist underground movement
Disqualification for Amnesty
1. Proclamation No. 75 made clear that the amnesty "shall not
cover rape, acts of torture, crimes against chastity and other
crimes committed for personal ends."
✓should have an "express admission" of participation and guilt, and a
"recantation of all previous statements" that are not consistent with the
admission.
2. Cannot also be granted in cases of impeachment
3. Cannot be applied to cases of violation of election laws without
favorable recommendation from the COMELEC
4. Cannot be granted in cases of RA 9745 or anti torture law.**
5. Cannot be extended to cases of civil and legislative contempt.
EFFECTS OF AMNESTY :

1. Amnesty totally extinguishes criminal liability and produces

total oblivion (oblivion = being completely forgotten)

2. Amnesty restores full civil and political rights lost due to

criminal and other actions or proceedings as a product of
convictions
Eligibility for Review:
1. His conviction is final and executory;
2. He has served the minimum period of the sentence imposed
upon him.
 PAROLE vs PROBATION
PAROLE PROBATION

Administrative function exercised by the executive It is a judicial function exercise by the courts.
branch of the government (executive
function)

Granted to a prisoner only after he has serve the Granted to an offender immediately after
minimum of his sentence. conviction.

It is an extension of institutional. It is a It is substitute for imprisonment. Probation is an

conditional release of a prisoner whereby he is alternative to imprisonment. Instead of being
placed under the supervision of a Parole Officer confined in prison, the probationer is released to the
after serving his minimum sentence. community by the court with conditions to follow and
is placed under the supervision
of PO.

Granted by BPP Granted by the court

 PAROLE vs PROBATION
PAROLE PROBATION

Parolee Probationer

Parolee supervised by PPO Probationer supervise by PPO

Parole is administered by the Parole Board. Probation is handled by the Probation Administration

Parole does not restores full civil rights to parolee Probation is more beneficent because it restores full
civil rights to the probationer upon termination unlike
parole.
It is granted more than once, depending on good Probation is enjoyed only once
behavior during imprisonment
Convict must serve the minimum of his sentence Probation is a community-based approach to
before the grant reformation of offenders.
 BPP vs PPA
BPP PPA

UNDER THE DEPARTMENT OF JUSTICE UNDER THE DEPARTMENT OF JUSTICE

HEADED BY A CHAIRMAN (SEC DOJ) HEADED BY AN ADMINISTRATOR

READ THE REPORTS OF PPA CONDUCTS PSI & SUPERVISION

APPROVES & REVOKES PAROLE SUBMITS REPORT TO COURT AND BPP

RECOMMENDS EXECUTIVE CLEMENCIES TO RECOMMENDS THE REVOCATION OF

THE PRESIDENT PAROLE AND PROBATION
RECOMMENDS THE REVOCATION OF CENTRAL OFFICE FOR PPO’S
PARDON
Disqualifications:
Prisoners are disqualified to be on parole if:
1. Their offenses are punished with death penalty, reclusion perpetua or
life imprisonment;
2. They were convicted of treason, conspiracy or proposal to commit
treason, misprision of treason, rebellion, sedition or coup d’ etat and
piracy or mutiny on the high seas or Philippine waters;
3. They are habitual delinquents;
4. They escaped from confinement or evaded sentence;
5. They have been on conditional pardon and had violated any of the
conditions imposed by the Board;
6. Their sentences do not exceed 1 year or those with definite sentence;
7. They are suffering from any mental disorder as proven by a
government psychiatrist or psychologist accredited by the Department of
Health; or
8. They have pending criminal cases.
Parole Investigation Process
➢Process starts upon receipt of the Board of Prison and records
and CARPETA of national prisoners, (confirmed in national
penal farms and colonies) from the Director of Prisons.
✓The Director of Prisons has the responsibility to forward the document
to the Board of Pardons and Parole, 30 days before the expiration of
the prisoner’s minimum sentence.
✓Municipal, City, District and Provincial Jail Wardens have the obligation
to transmit to the Director of Prisons all pertinent records of prisoners in
jails 30 days before the expiration of such prisoner’s minimum
sentence.
✓ The Director of Prisons shall submit to the Board for its consideration within 15
days after receipt of a forestated records.
▪ At any time, prisoners or any person in their behalf can file a petition for parole
and executive clemency in view of the fact that NOT ALL prison records and
Carpetas of qualified national, provincial, district, municipal and city prisoners are
transmitted to the concerned authorities within the reglementary period.
Parole Investigation Process
If the petitioner’s application is considered, the Board will issue a
Referral, requesting the Parole and Probation Administration to
conduct the following within 30 days upon receipt thereof:
a. Conduct pre-parole investigation
b. Submit pre-parole investigation report
Upon receipt of said reports, the Board shall assess and
determines whether the petitioner is qualified for parole. If the
offender deserves to enjoy the benefits of being placed on
parole. “Release Document” or specifically known as “Discharge
on Parole” will be issued for prisoner’s temporary liberty.
 Sec. 15 Disqualification For Parole
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. those whose maximum term of imprisonment does not exceed one (1) year or those
with definite sentence;
i. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
Petitions for Executive Clemency
Parole
"The President of the Petitions for parole shall be
Philippines” addressed to the President but
Thru: The Chairman thru the Executive Director of
the Board. However, the Board
Board of Pardons and Parole may, motu proprio , consider
DOJ Agencies Bldg., NIA Road cases for parole, commutation
cor. East Avenue of sentence or conditional
pardon of deserving prisoners
whenever the interest of justice
Diliman, Quezon City" will be served thereby.
SEC. 12. Transmittal of Carpeta and Prison Record

➢In executive clemency/parole cases, the Director or Warden

concerned shall forward the prison record and carpeta of a
petitioner at least one (1) month prior to the eligibility for review
as specified in Sections 10 and 13 of these Rules.
➢The Director or Warden concerned shall also furnish the Board
and the Administration on or before the fifth day of every month,
a list of prisoners whose minimum sentences will expire within
ninety (90) days and those who may be considered for
executive clemency.
SEC. 21. Factors to be Considered in Petition for
Conditional Pardon, Commutation of Sentence or Parole
a. the age of the petitioner, the gravity of the offense and the manner in
which it was committed, and
the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously
ill or suffering from a physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his family
and friends, or the community in general, the possibility of retaliation by
the victim, his family and friends.
SEC. 22. Special Factors
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper,
a cripple or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government
physician;
e. those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations
necessitate review;
g. circumstances which show that his continued imprisonment will be inhuman or
will pose a grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice
will be served thereby.
SEC. 25. Board Action
➢A majority of the members of the Board, constituting a quorum,
shall be necessary to recommend the grant of executive
clemency or to grant parole; to modify any of the terms and
conditions appearing in a Release Document; to order the
arrest and recommitment of a parolee/pardonee; and to issue
certificate of Final Release and Discharge to a
parolee/pardonee.
➢The minutes of the meeting of the Board shall show the votes
of its individual members and the reason or reasons for voting
against any matter presented for the approval of the Board. Any
dissent from the majority opinion to grant or deny parole shall
be reduced in writing and shall form part of the records of the
proceedings.
Sec. 14. Grant of Parole
A prisoner may be granted parole whenever the Board finds that
there is a reasonable probability that if released, he will be law-
abiding and that his release will not be incompatible with the
interest and welfare
SEC. 42. Cancellation of Pardon/Parole
➢The Board may recommend the cancellation of the pardon or
cancel the grant of parole of a client if it finds that material
information given by said client to the Board, either before or
after release, was false, or incomplete or that the client had
willfully or maliciously concealed material information from the
Board.

➢DQ#7. They are suffering from any mental disorder as proven

by a government psychiatrist or psychologist accredited by the
Department of Health;
Parole Supervision
SEC. 28. Form of Release Document - The form of the Release
Document shall be prescribed by the Board and shall contain the
latest “1x1" photograph and right thumbprint of the prisoner.

Probation
➢ Sec. 6. Form of Investigation Report. — The investigation report to be submitted
by the probation officer under Section 5 hereof shall be in the form prescribed by
the Probation Administrator and approved by the Secretary of Justice.
SEC. 30. Initial Report
➢Within the period prescribed in his Release Document, the
prisoner shall present himself to the Probation and Parole Officer
specified in the Release Document for supervision. If within forty
five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and
Parole Officer shall inform the Board of such failure, for
appropriate action.
SEC. 31. Arrival Report
➢The Probation and Parole Officer concerned shall inform the
Board thru the Technical Service, Parole and Probation
Administration the date the client reported for supervision not
later than fifteen (15) working days therefrom.
Parole Supervision
SEC. 27. Parole Supervision
➢After release from confinement, a client shall be placed under
the supervision of a Probation and Parole Officer so that the
former may be guided and assisted towards rehabilitation.
➢The period of parole supervision shall extend up to the
expiration of the maximum sentence which should appear in the
Release Document, subject to the provisions of Section 6 of Act
No. 4103 with respect to the early grant of Final Release and
Discharge.
Parole Supervision
Transfer of Residence
➢A client may not transfer from the place of residence designated in his
Release Document without the prior written approval of the Regional
Director subject to the confirmation by the Board.
Outside Travel
➢A Chief Probation and Parole Officer may authorize a client to travel
outside his area of operational jurisdiction for a period of not more than
thirty (30) days. A travel for more than 30 days shall be approved by the
Regional Director.
Travel Abroad and/or Work Abroad
➢Any parolee or pardonee under active supervision/surveillance who has
no pending criminal case in any court may apply for overseas work or
travel abroad. However, such application for travel abroad shall be
approved by the Administrator and confirmed by the Board.
SEC. 33. Review and Modification of Conditions
➢The Board may, upon the recommendation of the Probation and
Parole Officer, revise or modify the terms and conditions appearing
in the Release Document.
▪ SEC. 39. Report of Parole Infraction/Violation – Any violation of the terms
and conditions appearing in his Release Document or any serious
deviation or non- observance of the obligations set forth in the parole
supervision program shall be immediately reported by his Probation and
Parole Officer to the Board. The report shall be called Infraction Report
when the client has been subsequently convicted of another crime.
▪ SEC. 38. Progress Report - When a parolee/pardonee commits another
offense during the period of his parole surveillance, and the case filed
against him has not yet been decided by the court, a Progress Report
should be submitted by the Probation and Parole Officer to the Board.
SEC. 40. Arrest of Client
➢Upon receipt of an Infraction Report, the Board may order the
arrest or recommitment of the client.
SEC. 41. Effect of Recommitment of Client
➢The client who is recommitted to prison by the Board shall be
made to serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.
SEC. 43. Review of Case of Recommitted Parolee

➢The Board may consider the case of a recommitted parolee for

the grant of a new parole after the latter shall have served
one-fourth (1/4) of the unserved portion of his maximum
sentence.
Termination of Parole
SEC. 44. Certificate of Final Release and Discharge
➢After the expiration of the maximum sentence of a client, the Board
shall, upon the recommendation of the Chief Probation and Parole
Officer that the client has substantially complied with all the conditions
of his parole/pardon, issue a certificate of Final Release and Discharge
to a parolee or pardonee.
➢However, even before the expiration of maximum sentence and upon
the recommendation of the Chief Probation and Parole Officer, the
Board may issue a certificate of Final Release and Discharge to a
parolee/pardonee pursuant to the provisions of Section 6 of Act No.
4103, as amended.
➢The clearances from the police, court, prosecutor's office and barangay
officials shall be attached to the Summary Report.
▪ Summary Report
➢ It refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter’s final release and discharge.
Sec. 45.
Effect of Certificate of Final Release and Discharge
➢Upon the issuance of a certificate of Final Release and
Discharge, the parolee/pardonee shall be finally released and
discharged from the conditions appearing in his release
document. However, the accessory penalties of the law which
have not been expressly remitted therein shall subsist.
SEC. 46.
Transmittal of Certificate of Final Release and Discharge
➢The Board shall forward a certified true copy of the certificate of
Final Release and Discharge to the Court which sentenced the
released client, the Probation and Parole Officer who has
supervision over him, the client, the Bureau of Corrections, the
National Bureau of Investigation, the Philippine National Police
and the Office of the President.
 Summary on Parole Procedure
1. Granted by Board of Pardon and ✓Mandatory – within 45 days report
Parole (BPP) ✓Other – 1/mos. outside Manila,
2. Upon serve the full minimum 2/mos.
sentence Within Manila
3. Referral “Request to Investigate” 9. Condition (Comply or Non-Comply)
4. Parole and probation Officer ✓Complied – Submission of Summary
5. Pre-Parole Investigation (PPI) 30 Report
days ✓Non-Complied – Infraction (new
6. Pre-Parole Investigation Report Violation) or Violation report (violate
(PPIR) condition)
7. BPP (Grant or Deny) 10. Final Release and Discharge (FRD)
✓Granted – Parole Supervision (complied)
✓Denied – Serve the remaining 11. Order of Arrest and Recommitment
sentence (OAR)
8. Condition (Mandatory and Other)
Prisoners Not Eligible for Executive
Clemency
Prisoners who escaped or evaded service of sentence are not
eligible for executive clemency for a period of one (1) year from
the date of their last recommitment to prison or conviction for
evasion of service of sentence.
 Law on Preventive Imprisonment
1. Art. 29 of RPC
2. RA 6127 also known as The Full Time Credit
➢"If the detention prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted prisoners, he shall be credited in the service of
his sentence with four-fifths of the time during which he has undergone
preventive imprisonment.“
➢Approved: June 17, 1970
3. BATAS PAMBANSA Blg. 85
➢An Act Authorizing the Release of Any Offender or Accused Who Has
Undergone Preventive Imprisonment Equal to or More Than the Possible
Maximum Imprisonment to Which He May be Sentenced by Amending the
Revised Penal Code
➢Approved: September 20, 1980
4. RA 10592 Full time credit allowance for preventive imprisonment
 RA 10592 – The New GCTA Law
Full Time Credit
➢If the inmate agrees to the rules in writing that he will be treated as like a regular
convicted inmate (inmate’s manifestation).
4/5 of the credit
➢If didn’t agree to abide with the rules

➢Whenever an accused has undergone preventive imprisonment for a

period equal to the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet terminated,
he shall be released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is under review.
➢In case the maximum penalty to which the accused may be sentenced is
Destierro, he shall be released after thirty (30) days of preventive
imprisonment."
OLD GCTA LAW ART 97. RPC
1) 1st 2 year – 5 days per month
2) 3rd – 5th year – 8 days per month
3) 6th – 10th year – 10 days per month
4) 11th – succeeding years – 15 days per month
Granted only by the director of BUCOR to a convicted inmate & cannot be applied in
BJMP.
Act No. 2489
➢otherwise known as the Industrial Good Time Law
➢provides that when a prisoner has been classified as TRUSTY OR PENAL
COLONISTS, he is given an additional 5 days’ time allowance for every month of
service.
➢A prisoner serving life sentence has his sentence automatically reduced to 30 years
of imprisonment upon attaining the classification of trusty or penal colonists
▪ The abovementioned privilege will not apply if,
✓ When they are recidivists, or have been convicted previously twice or more times of any crime;
and
✓ When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
RA 10592 New GCTA Law
1. 1st to 2nd year = 20 days / month
2. 3rd to 5th year = 23 days / month
3. 6th to 10th year = 25 days / month
4. 11th ang above = 30 days / month
✓15 days / month for study and mentoring
➢May be granted by the Director of BJMP, Director of BuCor and
Provincial, City and Municipal Jail Wardens and can now be
granted even to a detainee while undergoing trial.
➢Disqualified
✓Recidivist, quasi-recidivist and habitual delinquents
✓Failed to surrender voluntarily after being summoned to the execution of the
sentence
Special Time Allowance For Loyalty (Stal)
ART. 98 – deduction of 1/5 if the convict voluntarily surrendered
within 48 hours after the declaration of passing of calamities or
conflagration or even man-made crisis.
Art 158 – Evasion of Service of Sentence
➢due to failure to return within 48 hours after passing of calamity or
disorder. Surrendered after 48 hours shall also be charged with
Art. 158 but must be given the mitigating circumstance of
voluntary surrender.
RA 10592 – deduction of 2/5 if the inmate stayed while disaster is
present.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
 Pardon
➢It is a form of Executive Clemency which is exercised by Chief
Executive. It is an act of Grace and the recipient is not entitled to it
as a matter of right. It is discretionary and not subject to review by
the judiciary.
➢It dates back to the pre-Christian Era. It was applied to members
of the Royal Family who committed crimes and occasionally to
those convicted of offenses against the royal power. In England it
was usually an exclusive power of the king but there were times
that were extended to the Queens upon advised of the Minister of
the Interior.
➢It is highly political in nature and is usually granted in response to
popular clamor (noise) or to aid in the return to normalcy of a
political situation that might affect the country if not addresses.
Kinds of Pardon
Absolute Pardon
➢the extinction of the criminal liability of the individual to whom it is
granted without any condition and restores to the individual his civil
rights.
✓ The purposes of this kind of pardon are
a. To do away with the miscarriage of justice.
b. To keep punishment abreast with the current philosophy, concept or practice of
criminal justice administration.
c. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period.
✓ From 10 years it became 5 years - period is required to give the offender an
opportunity to demonstrate that he has established a new pattern of conduct.
CRISTOBAL VS LABRADOR
➢ The case where the supreme court laid down the doctrine that absolute pardon
removes all that is left of the consequences of conviction and that it is
absolute in so far it restores the pardonee his full civil political rights.
Kinds of Pardon
Conditional Pardon
➢The extinction of the criminal liability of an individual, within
certain limits or conditions, from the punishment which the law
inflicts for the offense he has committed.
➢Conditional Pardon serves the purpose of releasing, through
executive clemency, a prisoner who is already reformed or
rehabilitated but who cannot be paroled because the parole
law does not apply to him. Thus, a prisoner serving a
determinate sentence or life imprisonment is excluded from
the benefits of the parole law.
➢However, when this prisoner has already been reformed, he
may be released on conditional pardon.
Effects of Pardon
1) It removes penalties and disabilities and restores full civil and
political rights;
2) It does not discharge the civil liability of the convict to the
individual he has wronged as the President has no power to
pardon a private wrong;
3) It does not restore offices, property or rights vested in others in
consequence of the conviction. Under our law, a pardon shall not
work the restoration of the right to hold public office or the right of
suffrage unless such rights be expressly restored by the terms of
the pardon.
Limitations /Disqualification upon The Pardoning Power
1) It may not be exercised in impeachment cases;
2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) In case of violation of election law or rules and regulations, no
pardon, parole or suspension of sentence may be granted without the
recommendation of the Commission on Elections;
5) It may not be exercised during pendency of case or trial or during
appeal
6) Violation of Art. 157 – evasion of service of sentence for 1 year from
the time of recommitment; and
7) It cannot be exercised in cases of violations of tax laws.
✓Cases pending trial or on appeal are still within the exclusive jurisdiction of
the courts; hence, pursuant to the theory of separation of powers, the Chief
Executive has no jurisdiction over the accused.
Eligibility For Conditional Pardon
He must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison
sentence:
✓at least two (2) years of the minimum sentence if convicted of Murder
or Parricide but not sentenced to Reclusion Perpetua
✓at least one (1) year of the minimum sentence if convicted of Homicide;
✓at least nine (9) months if convicted of Frustrated Homicide;
✓and at least six (6) months if convicted of Attempted Homicide.
However, in the case of a prisoner who is convicted of a
heinous crime as defined in Republic Act No. 7659 and other
special laws, he shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence before his
case may be reviewed for conditional pardon.
Some Guides In Pardon Selection
a. The political, organizational or religious affiliation of the
prisoner should be disregarded.
b. Due regard should be given to the attitude of the people in the
community from which he was sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to
prison – social, economic, psychological and emotional
backgrounds – should be carefully investigated.
Conditional Pardon vs Parole
✓Purpose of conditional pardon and parole is the same

✓Both releases are subject to the same set of conditions will subject
the parolee or pardonee to be recommitted to prison.

✓The only difference between the two is the granting authority. In

parole the granting authority is the Board of Pardons and Parole,
while in conditional pardon, the granting authority is the President.
1. A probationer is allowed to do the following EXCEPT,

a. Stay away from bad associates

b. Work regularly to support his family
c. Make periodic report
d. Go and play in a gambling den
1. A probationer is allowed to do the following EXCEPT,

a. Stay away from bad associates

b. Work regularly to support his family
c. Make periodic report
d. Go and play in a gambling den
3. A judicial action or legal disposition that allows the offender to
remain in the community subject to the conditions imposed by the
court.

a. Reprieve
b. Commutation
c. Probation
d. Good Conduct Time Allowance
3. A judicial action or legal disposition that allows the offender to
remain in the community subject to the conditions imposed by the
court.

a. Reprieve
b. Commutation
c. Probation
d. Good Conduct Time Allowance
Which agency performs the evaluation of prisoner’s fitness and
qualifications for the grant of Pardon or parole?

a. Board of Pardon and Parole

b. National Police Commission
c. Department of Social Welfare and Development
d. National Bureau of Investigation
Which agency performs the evaluation of prisoner’s fitness and
qualifications for the grant of Pardon or parole?

a. Board of Pardon and Parole

b. National Police Commission
c. Department of Social Welfare and Development
d. National Bureau of Investigation
The judge’s bases of the grant of probation relies on the report of,

Prosecutor
Police officer
Probation officer
Social worker
The judge’s bases of the grant of probation relies on the report of,

Prosecutor
Police officer
Probation officer
Social worker
What document is issued to a parolee when the maximum period
of his prison term has expired?

Certificate of final discharge

Certificate of final release and discharge
Certificate of prison term completion
Certificate of final release
What document is issued to a parolee when the maximum period
of his prison term has expired?

Certificate of final discharge

Certificate of final release and discharge
Certificate of prison term completion
Certificate of final release
A minimum and maximum amount of time to be served in prison
is referred to as ________.

A determinate sentence
A corporal punishment
A Indeterminate sentence
A capital punishment
A minimum and maximum amount of time to be served in prison
is referred to as ________.

A determinate sentence
A corporal punishment
A Indeterminate sentence
A capital punishment
What is the action of the court in case a probationer violated his
probation conditions?

Court directs probationer to re apply for probation

Court orders the continuation of the probation
Court releases the probationer to the community
Court revokes probation and probationer goes back to prison
What is the action of the court in case a probationer violated his
probation conditions?

Court directs probationer to re apply for probation

Court orders the continuation of the probation
Court releases the probationer to the community
Court revokes probation and probationer goes back to
prison
He introduced the worldwide progressive mark system in prison.

Manuel Montesimos
Walter Crofton
Alexander Macanochie
Zebulon Brockway
He introduced the worldwide progressive mark system in prison.

Manuel Montesimos
Walter Crofton
Alexander Macanochie
Zebulon Brockway
This is a temporary withholding of sentence, before or after
judgment; as where the judge is not satisfied with the verdict, or
evidence is suspicious, or indictment is insufficient, or sometimes
if it be a small felony or any favorable circumstances appear in
the criminal’s character.
A. Reprieve
B. Executive Reprieve
C. Judicial Reprieve
D. Legislative Reprieve
This is a temporary withholding of sentence, before or after
judgment; as where the judge is not satisfied with the verdict, or
evidence is suspicious, or indictment is insufficient, or sometimes
if it be a small felony or any favorable circumstances appear in
the criminal’s character.
A. Reprieve - Chief Executive
B. Executive Reprieve
C. Judicial Reprieve
D. Legislative Reprieve
The period of 1870 to 1880 was called the __________of
penology.

Age of Reason
Age of Reform
Age of Enlightenment
Golden Age
The period of 1870 to 1880 was called the __________of
penology.

Age of Reason
Age of Reform
Age of Enlightenment
Golden Age
 Granted by the Chief Executive without any conditions attached
which serves to wipe away the guilt of pardonee and makes him
innocent as if he has not committed a crime.

Pardon
Absolute Pardon
Conditional Pardon
Parole
 Granted by the Chief Executive without any conditions attached
which serves to wipe away the guilt of pardonee and makes him
innocent as if he has not committed a crime.

Pardon
Absolute Pardon
Conditional Pardon
Parole
The rules and methods employed by probationer. What is the
maximum number of minor violations that would result in the
revocation of the Probation order?
A. Five Violations
B. Three Violations
C. Four Violations
D. Two Violation
The rules and methods employed by probationer. What is the
maximum number of minor violations that would result in the
revocation of the Probation order?
A. Five Violations
B. Three Violations
C. Four Violations
D. Two Violation
This is the report that shall be submitted to the Court should a
Probationer or violate any of his probation
conditions.
A. Final Report
B. Termination Order
C. Revocation Order
D. Violation Report
This is the report that shall be submitted to the Court should a
Probationer or violate any of his probation
conditions.
A. Final Report - NATAPOS MO NA ANG IYONG PROBATION
B. Termination Order - RELEASE KA NA
C. Revocation Order -BINABWI NA YUNG BINIGAY NA
PROBATION
D. Violation Report
It is an investigation conducted by a parole officer made before
the grant of Parole
a. Post Sentence Investigation
b. Pre-Probation and Parole System Investigation
c. Pre parole investigation
d. Pre parole and investigation report.
It is an investigation conducted by a parole officer made before
the grant of Parole
a. Post Sentence Investigation
b. Pre-Probation and Parole System Investigation
c. Pre parole investigation
d. Pre parole and investigation report.
Upon receipt of the Report the BOARD may issue an ____
against the parolee.
A. Warrant of Arrest
B. Search Warrant
C. Order of Arrest
D. Order of Arrest & Recommitment (OAR)
Upon receipt of the Report the BOARD may issue an ____
against the parolee.
A. Warrant of Arrest
B. Search Warrant
C. Order of Arrest
D. Order of Arrest & Recommitment (OAR)
Why is probation service analogous (similar) to parole service?
a. Both have similar investigation (PSI / PPI) and supervision
(PPO) functions.
b. Both services are performed by the prosecutors.
c. Both services are performed by alcoholics.
d. Both services are under the courts.
Why is probation service analogous (similar) to parole service?
a. Both have similar investigation (PSI / PPI) and supervision
(PPO) functions.
b. Both services are performed by the prosecutors.
c. Both services are performed by alcoholics.
d. Both services are under the courts.
Why is probation service analogous (similar) to parole service?
a. Both have similar investigation (PSI / PPI) and supervision
(PPO) functions.
b. Both services are performed by the prosecutors.
c. Both services are performed by alcoholics.
d. Both services are under the courts.
Is a pardon which is conceded to a single individual for an
ordinary crime.
a. General pardon
b. Absolute pardon
c. Conditional pardon
d. Special pardon
Is a pardon which is conceded to a single individual for an
ordinary crime.
a. General pardon
b. Absolute pardon
c. Conditional pardon
d. Special pardon
. It refers to leniency or mercy.
a. Power b. Longevity c. Grace d. Promise
. It refers to leniency or mercy.
a. Power b. Longevity c. Grace d. Promise
Which of the following is an executive clemency that requires the
concurrence of congress?
a. probation b. Amnesty c. pardon d. Parole
Which of the following is an executive clemency that requires the
concurrence of congress?
a. probation b. Amnesty c. pardon d. Parole
Which agency exercises supervision over parolees?
a. Probation Administration
b. Department of Justice
c. Bureau of Pardon and Parole
d. Parole and Probation Administration
Which agency exercises supervision over parolees?
a. Probation Administration
b. Department of Justice
c. Bureau of Pardon and Parole
d. Parole and Probation Administration
Because he refused to follow the regulations placed on convicted
prisoners, Kyle, a new detainee, has been handed a
"Certification" of preventive incarceration. The court found him
guilty after ten years and sentenced him to 20 years in prison.
How many more years does he have to spend after deducting his
preventative imprisonment?
a. 20 years
b. 12 years
c. 11 years
d. 10 years
Because he refused to follow the regulations placed on convicted
prisoners, Jayson, a new detainee, has been handed a
"Certification" of preventive incarceration. The court found him
guilty after ten years and sentenced him to 20 years in prison.
How many more years does he have to spend after deducting his
preventative imprisonment?
a. 20 years
b. 12 years
c. 11 years
d. 10 years