Module in

NON-
INSTITUTIONAL
CORRECTION
(CORAD 2)

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CORRECTIONS – The branch of the administration of Criminal
Justice charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.
-The dual purposes of Correction are: (1) to punish and (2) to
rehabilitate the offender.

TWO (2) FORMS OF CORRECTIONS

1. Institutionalized Correction – The rehabilitation of offenders
in jail or in prison.
2. Non-institutionalized Correction (Community-Based Correction)
– Refers to correctional activities that may take place within
the community. They are in the forms of Probation, Parole,
Conditional Pardon, Community works. Concept: Community-based
corrections include all correctional activities that take place
in the community. It embraces any correctional activity in the
community that directly addressed to the offender and aimed at
helping him to become a law-abiding citizen.

FORERUNNERS OF PROBATION:

Probation was first legally established in the United

States, but to trace its origins, it is important to know the
earlier schemes for humanizing criminal justice under the common
law of England. These procedures were found in the laws and
customs of England and were adopted by the colonists who settled
in the eastern shores of United States. Probation as a practice
is believed to have been the product of the following olden
practices.

1. BENEFITS OF THE CLERGY - Dating back to the reign of HENRY

IIIN THE 13TH CENTURY. It originated in a COMPROMISE WITH THE
CHURCH which had MAINTAINED THAT A MEMBER OF THE CLERGY brought
to TRIAL IN A KING'S COURT might be CLIAMED by the BISHOP or
CHAPLAIN representing him on the GROUND that the PRISONER was
SUBJECTTO THE AUTHORITY of the ECCLESIASTICAL COURY ONLY.

2. JUDICIAL REPRIEVE – Judicial reprieve is a DEVICE of MODIFYING

the SEVERITY of the LAW, by TEMPORARY SUSPENSION OF THE SENTENCE.
This practice was much used by the EARTY ENGLISH JUDGES and grew
up at a time when new trials or appeals to another court were
IMPOSSIBLE under the COMMON LAW, but it continued in use
thereafter. Early in the 17th century with the establishment of
settlement in America, English Courts began to grant reprieves to

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prisoners under sentence of death on condition that they accept
DEPORTATION.

3. RECONIZANCE – This is an OLDER method of suspending or

deferring judgment, FOR GOOD BEHAVIOR. This was based in an
ancient practice developed in England in the 14th century. It
originated as a MEASURE OF PREVENTIVE JUSTICE, INVOLVING AN
OBLIGATION OR PROMISE, SWORN TO UNDER COURT ORDER by a person NOT
YET CONVICTED but though likely from the INFORMATION before the
court to have commit a crime, that he would KEEP THE PEACE AND BE
OF GOOD BEHAVIOR. It is the direct ancestor of probation.

The earliest recorded use of recognizance in the United States

occurred in 1830 in a Massachusetts courtroom in the case of the
COMMONWEALT VS. CHASE. Presiding Judge OXENBRIDGE THATCHER of the
Municipal Court of Boston set forth the nature of recognizance:

4. BANISHMENT/TRANSPORTATION – This is a form of punishment which

is done by indenturing the convicts to penal colonies where they
serve as slave until they completed their service of sentence.
Transportation of offenders to penal colonies was practiced
principally by EUROPEAN COUNTRIES that had acquired distant
colonies because of the need to import labor into these colonies.

FOUNDERS OF PROBATION:

1. JOHN AUGUSTUS (Boston, Massachusetts). A Boston shoemaker

traditionally known as initiator of probation process. He coined
the term probation and is viewed as its founder. He was later
called the “Father of Probation”. THE FIRST AMERICAN PROBATION
OFFCER WHO DEVELOPED SEVERAL FEATURES THAT LATER BECAME HE
CHARACTERISTICS OF THE PROBATION SYSTEM.

2. MATTHEW DAVENPORT HILL (Birmingham, England) – An English

Lawyer who had introduced the practice of suspending sentence and
releasing the offender under supervision in England. He was later
called the “Father of Probation in England”.

3. TEODULO C. NATIVIDAD – Co-sponsored house bill no. 393

entitled “An Act Establishing Probation in the Philippines:
Providing probation Officers therefore and for Other Purposes.”
He is known as the “Father of Probation in the Philippine”.

HISTORICAL BACKGROUND OF PROBATION LAW IN THE UNITED STATES

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 While the theory of probation can be traced to the long
standing custom of the ANGLOI-AMERICAN COURTS to suspend judgment
in certain cases, In PRACTICE it originated it in 184.

When JOHN AUGUSTUS, A BOSTON shoemaker, was interceding with

courts to suspend the sentence of youthful offenders and
alcoholics and AGREED TO SUPERVISE THE BEHAVIOR OF THESE
OFFENDSER IN LIEU OF PRISON TERM placing them in his charge. By
the time he died in 1859, he had made himself responsible for
nearly 2000 persons.

At about 1870, FATHER COOK, also of Boston, became

interested in youth who were tried before in courts in and whose
cases were due to circumstances rather than character. After
investigating each case and finding the offender not too hardened
and still susceptible to reform, he made himself available to the
court as adviser to these offenders. Judges realize the
importance of his work in reform of the young criminals so that
they placed convicted young offenders under his charge in 1878.
The FIRST PROBATION LAW was passed by the LEGISLATURE OF
MASSACHUSETES and SIGNED INTO LAW BY GOVERNOR ALEXANDER B. RICE
ON APRIL 26, 1878. The first STATUTE PROVIDED FOR A PAID
PROBATION OFFICER FOR ADULT OFFENDERS. And it provided for the
APPOINTMENT AND PRESCRIBED THE DUTIES OF A SALARIED OR PAID
PROBATION OFFFICERS FOR THE COURTS OF SUFFOLK COUNTRY.

EDWARD H. SAVAGE, an Ex-chief of police of Boston, was named

probation officer, thus BECOMING THE FIRST PROBATION OFFICER
EMPLOYED BY THE GOVERNMENT OR FIRST PAID PROBATION OFFICER. In
1891, Massachusetts was followed by other states. March 4, 1925,
all but six of the states in the United States, the District of
Colombia and Federal Government had Probation. The FEDERAL
PROBATION ACT OF 1925 BECAME LAW ON MARCH 04, 1925. It was signed
into law by PRESIDENT CALVIN COOLIDGE.

HUBER LAW (1913) A United states LAW in WINSCONSIN

permitting prisoners not so dangerous to society to be gainfully
employed during the day while residing in jail. FLASH SHEET –
Probation Officer shall notify all police agencies by sending a
note that Probationer is under his supervision.

SURSIS (1888-1891) A UNIQUE PROBATION METHOD WAS INTRODUCED

IN FRANCE AND BELGIUM which provided a PROBATION WITH NO
SUPERVISION ON THE CONDITION THAT NO FURTHER OFFENSE will be
committed within a prescribed period.

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 HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES

Adult Probation was twice attempted in the Philippines, first on

August 7, 1935, which was Act No. 4221 creating a probation office
under the Department of Justice, led by the American Governor-General
with the advice and consent of the United States Senate. This law
provided probation for first offender eighteen years of age and over,
convicted of certain crimes.
However, in People Vs. Vera 37 O.G. 164, the constitutionality of
probation law, Act 4221, was challenged on three principal grounds:
a) That said act encroaches upon the pardoning power of the
executive;
b) That it constitutes undue delegation of Legislative Power;
c) It denies the equal protection of the law.
NOTE:
This act shall apply in those provinces which the respective
provincial boards have provided for salary… (Sec. 11 of Act No. 4221).

The second attempt was made by Teodulo C. Natividad in collaboration

with then late Congressman Ramon D. Bagatsing, introduced adult
probation in the country in House Bill No. 393 in 1972. This bill
passed the Congress and was pending in Senate when Martial Law
proclaimed. Nevertheless, the attempt was motivated on the highest
plane of correctional thought. In August 1970 Hon. Teodulo C.
Natividad became a member of the Philippine delegation to the 4th
United Nations Congress on the Prevention of Crime and Treatment of
Offenders, held in Kyoto, Japan. With the eighty-five (85)
participating countries, the Philippine was the only one without an
adult probation law.
Hon. Teodulo C. Natividad was already a Commissioner of the National
Police Commission in 1975. He was again sent to the 5th United Nations
Congress held in Geneva, Switzerland in September 1975 as head of the
Philippine delegation. The delegations reported on the dramatic and
unprecedented achievements of Martial Law (September 21, 1972 – PD
1081), on peace and order. In other words, Probation is the
unprecedented achievement of Martial Law. In this National Congress,
brought personal honor to Hon. Teodulo C. Natividad when he was
elected First Filipino Vice President of the United Nations Congress.
Under Section 4 (K) Republic Act No. 4864, otherwise known as the
“Police Act of 1966,” mandates the National Police Commission to
formulate a National Crime Prevention Program for the country.
Thus, on November 13, 1974, the Inter-Disciplinary committee on Crime
Prevention (IDCCP) was created to undertake this function.
The committee composed of experts from the various sectors and
disciplines comprising the (5) pillars of the Criminal Justice system,
namely: Police, Prosecution, Courts, Corrections and Community
participation. The IDC, then under the charged of Hon. Teodulo C.
Natividad was asked by the Secretary and Chairman, Juan Ponce Enrile

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to draft the adult Probation system sponsored by the National Police
Commission at the U.P. Law Center on April 24, 1976, attended by 369
participants.
Multisectoral experts and authorities on different discipline reviewed
the proposal. A survey was also made to elicit comments on the
adoption of the adult probation system in the country. Favorable
results showed:
87.1% in favor of adoption
7.1% apprehensive
5.8% non-committal
The final forum on the proposed institutionalization of adult
probation law in the country was the First National Conference on
crime control, which was held at Camp Aguinaldo from July 22 to July
24, 1976. It was on this period when the copies of the final draft
were sent to the Secretaries of the Department of National Defense,
Department of Justice and Chief Justice of the Supreme Court for
signature and endorsement to the President. It was in this historic
last of the conference that the President signed Presidential Decree
No. 968 and thereby transported the criminal justice system of the
country to the 20th century.

PROBATION LAW OF 1976

(Presidential Decree No. 968, as amended)

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND

FOR OTHER PURPOSES.

WHEREAS, one of the major goals of the government is to establish

a more enlightened and humane correctional system that will promote
the reformation of offenders and thereby reduce the incidence of
recidivism;

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 WHEREAS, the confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes an onerous drain
on the financial resources of the country; and
WHEREAS, 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;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Constitution, do hereby order and decree the following:

SECTION 1. Title and Scope of the Degree. – This Decree shall be

known as the Probation Law of 1976. It shall apply to all offenders
except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and Three and similar laws.

SEC. 2. Purposes. – This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by
providing him with individualized treatment;
(b) provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to serve a
prison sentence; and
(c) prevent the commission of offenses.

SEC. 3. Meaning of Terms. – As used in this Decree, the following

shall, unless the context otherwise requires, be construed thus:
(a) “Probation” 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.
(b) “Probationer” means a person placed on probation.
(c) “Probation Officer” means one who investigates for the court
a referral for probation or supervises a probationer or both.

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 application at any time of said defendant, suspend
the execution of said sentence and place the defendant on probation
for such period and upon such terms and conditions as it may deem
best.
Probation may be granted whether the sentence imposes a term of
imprisonment of a fine only. An application for probation shall be
filed with the trial court, with notice to the appellate court if an
appeal has been taken from the sentence of conviction. The filing of
the application shall be deemed a waiver of the right to appeal, or
the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.

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 SEC. 4. Grant of Probation - Subject to the provisions of this
Decree, the trial court may, after it shall have convicted and
sentenced a defendant, and upon application by said defendant
within the period for perfecting an appeal, suspend the execution
of the sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best:
Provided, That no application for probation shall be entertained
or granted if the defendant has perfected an appeal from the
judgment of conviction.
Probation may be granted whether the sentence imposes a
term of imprisonment or a fine only. An application for probation
shall be filed with the trial court. The filing of the
application shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable.
(As amended by PD 1257 and PD 1990).

SEC. 5. Post-Sentence Investigation. – No person shall be placed on

probation except upon prior investigation by the probation officer and
a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served
thereby. (PSIR)

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.
(** Probation and Parole Administrator)

SEC. 7. Period for Submission of Investigation Report. – The

probation officer shall submit to the court the investigation report
on a defendant not later than sixty days from receipt of the order of
said court to conduct the investigation. The court shall resolve the
petition for probation not later than five days after receipt of said
report.
Pending submission of the investigation report and the resolution
of the petition, the defendant may be allowed on temporary liberty
under his bail filed in the criminal case; Provided, That, in case
where no bail was filed or that the defendant is incapable of filing
one, the court may allow the release of the defendant on recognizance
to the custody of a responsible member of the community who shall
guarantee his appearance whenever required by the court.

SEC. 7. Period for Submission of Investigation Report

The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days
from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation
not later than fifteen days after receipt of said report. (As
amended by PD 1257).

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SEC. 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 an 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.

SEC. 9. Disqualified Offenders. – The benefits of this Decree shall

not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more
than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an
offense punished by imprisonment of not less 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.

SEC. 9. Disqualified Offenders

The benefits of this Decree shall not be extended to those:
a. sentenced to serve a maximum term of imprisonment of more
than six years;
b. convicted of subversion or any crime against the national
security or the public order;
c. who have previously been convicted by final judgment of
an offense punished by imprisonment of not less 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.
(As amended by BP Blg. 76 and PD 1990).

SEC. 10. Conditions of Probation. – Every probation order issued by

the court shall contain conditions requiring that the probationer
shall:

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 (a) 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;
(b) report to the supervising officer at least once a month at
such time and place as specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meets his family responsibilities;
(c) devote himself to a specific employment and not to change
said employment without the prior written approval of said
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 the probation officer or an authorized social worker
to visit his home and place of 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.

SEC. 11. Efectivity 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
imposed for the offense under which he was placed on probation.

SEC. 12. Modification of Conditions of Probation. – During the

period of probation, the court may, upon application of either the
probationer or the probation officer, revise or modify the conditions
or period of probation. The court shall notify either the probationer
or the probation officer of the filing of such an application so as to
give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the
probationer of any change in the period or conditions of probation.

SEC. 13. Control and Supervision of Probationer. – The probationer

and his probation program shall be under the control of the court who
placed him on probation subject to actual supervision and visitation
by a probation officer.
Whenever a probationer is permitted to reside in a place under
the jurisdiction of another court, control over him shall be
transferred to the Executive Judge of the Regional Trial Court of that

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place, and in such a case, a copy of the probation order, the
investigation report and other pertinent records shall be furnished
said Executive Judge. Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred shall have the power
with respect to him that was previously possessed by the court which
granted the probation.

SEC. 14. Period of Probation. –

(a) The period of probation of a defendant sentenced to a term
of imprisonment of not more than one year shall not exceed two
years, and in all other cases, said period shall not exceed
six years.
(b) 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 be more
than twice the number of days of subsidiary imprisonment as
computed at the rate established in Article thirty-nine of the
Revised Penal Code, as amended.

SEC. 15. Arrest of Probationer; Subsequent Disposition. – At any

time during probation, the court may issue a warrant for the arrest of
a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and summary, of
the violation charged. The defendant may be admitted to bail pending
such hearing. In such a case, the provisions regarding release on bail
of persons charged with a crime shall be applicable to probationers
arrested under this provision. If the violation is established, the
court may revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to serve
the sentence originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof shall not be
appealable.

SEC. 15. Arrest of Probationer; Subsequent Disposition

At any time during probation, the court may issue a warrant
for the arrest of a probationer for any serious violation
of the conditions of probation. The probationer, once
arrested and detained, shall immediately be brought before
the court for the hearings of the violation charged. The
defendant may be admitted to bail pending such hearing. In
such case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to
probationers arrested under this provision.
In the hearing, which shall be summary in nature, the
probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor. The
court shall not be bound by the technical rules of evidence
but may inform itself of all the facts which are material
and relevant to ascertain the veracity of the charge. If

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 the violation is established, the court may revoke or
continue his probation and modify the conditions thereof.
If revoked, the court shall order the probationer to serve
the sentence originally imposed. An order revoking the
grant of probation or modifying the terms and conditions
thereof shall not be appealable. (As amended by PD 1257).

SEC. 16. Termination of Probation. – After the period of probation

and upon consideration of the report and recommendation of the
probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and
conditions of his probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall operate to restore
to him all civil rights lost or suspended as a result of his
conviction and to fully discharge his liability for any fine imposed
as to the offense for which probation was granted.
The probationer and the probation officer shall each be furnished
with a copy of such order.

SEC. 17. Confidentiality of Records. – The investigation report and

the supervision history of a probationer obtained under this Decree
shall be privileged and shall not be disclosed directly or indirectly
to anyone other than the Probation Administration or the court
concerned, except that the court, in its discretion, may permit the
probationer or his attorney to inspect the aforementioned documents or
parts thereof whenever the best interest of the probationer makes such
disclosure desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the
Administration.

SEC. 18. The Probation Administration. – There is hereby created

under the Department of Justice an agency be known as the Probation
Administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have such staff, operating units and
personnel as may be necessary for the proper execution of its
functions.

SEC. 19. Probation Administrator. – The Administration shall be

headed by the Probation Administrator, herein after referred to as the
Administrator, who shall be appointed by the President of the
Philippines. He shall hold office during good behavior and shall not
be removed except for a cause.
The Administrator shall receive an annual salary of at least
forty thousand pesos(40,000.00). His powers and duties shall be to:
(a) act as the executive officer of the Administration;

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 (b) exercise supervision and control over all probation
officers;
(c) make annual reports to the Secretary of Justice, in such
form as the latter may prescribe, concerning the operation,
administration and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of
Justice, the necessary rules relative to the methods and
procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the
subordinate personnel of his Administration and other offices
established in this Decree; and
(f) generally, perform such duties and exercise such powers as
may be necessary or incidental to achieve the objectives of
this Decree.

SEC. 20. Assistant Probation Administrator. – There shall be an

Assistant Probation Administrator who shall assist the Administrator
and perform such duties as may be assigned to him by the latter and as
may be provided by law. In the absence of the Administrator, he shall
act as head of the Administration.
He shall be appointed by the President of the Philippines and
shall receive an annual salary of at least thirty-six thousand pesos
(36,000.00).
(**Deputy Administrator)

SEC. [Link] of the Administrator and Assistant

Probation Administrator. – To be eligible for appointment as
Administrator or Assistant Probation Administration, a person must be
at least thirty-five years of age, holder of a master’s degree or its
equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science,
police administration, or related fields, and should have at least
five years of supervisory experience, or be a member of the Philippine
Bar with at least seven years of supervisory experience.

SEC. 22. Regional Office; Regional Probation Officer. The

Administration shall have regional offices organized in accordance
with the field service area pattern established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional Probation
Officer who shall be appointed by the President of the Philippines in
accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and
control over all probation officers within his jurisdiction and such
duties as may be assigned to him by the Administrator. He shall have
an annual salary of at least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant
Regional Probation Officer who shall also be appointed by the

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President of the Philippines, upon recommendation of the Secretary of
Justice, with an annual salary of at least twenty thousand pesos.
(**Regional Director)
(**Assistant Regional Director)

SEC. 23. Provincial and City Probation Officers. – There shall be

at least one probation officer in each province and city who shall be
appointed by the Secretary of Justice upon recommendation of the
administrator and in accordance with civil service laws and rules.
The Provincial or City Probation Officer shall receive an annual
salary of at least eighteen thousand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by
the proper court or the Administrator;
(b) instruct all probationers under his supervision or that of
the probation aide on the terms and conditions of their
probation;
(c) keep himself informed of the conduct and condition of
probationers under his charge and use all suitable methods to
bring about an improvement kin their conduct and condition;
(d) maintain a detailed record of his work and submit such
written reports as may be required by the administration or the
court having jurisdiction over the probationer under his
supervision;
(e) prepare a list of qualified residents of the province or city
where he is assigned who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the
latter’s supervision of probationers;
(g) exercise supervision and control over all field assistants,
probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or the
Administration.

SEC. 24. Miscellaneous Powers of Provincial and City Probation

Officers. – Provincial or City Probation Officers shall have the
authority within their territorial jurisdiction to administer oaths
and acknowledgments and to take depositions in connection with their
duties and functions under this Decree. They shall also have, with
respect to probationers under their care, the powers of a police
officer.

SEC. 25. Qualifications of Regional, Assistant Regional,

Provincial, and City Probation Officers. – No person shall be
appointed Regional or Assistant Regional or Provincial or City
Probation Officer unless he possesses at least a bachelor’s degree
with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, police administration, or
related fields and has at least three years of experience of work
requiring any of the abovementioned disciplines, or is a member of the
Philippine Bar with at least five years of supervisory experience.

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 Whenever practicable, the Provincial or city Probation Officer
shall be appointed from among qualified residents of the province or
city where he will be assigned to work.

SEC. 26. Organization. – Within twelve months from the approval of

this Decree, the Secretary of Justice shall organize the
administrative structure of the administration and other agencies
created herein. During said period, he shall also determine the
staffing patterns of the regional, provincial and city probation
offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.

SEC. 27. Field Assistants, Subordinate Personnel. – Provincial or

City Probation Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out
their duties effectively.

SEC. 28. Probation Aides. – To assist the Provincial or City

Probation Officers in the supervision of probationers, the Probation
Administrator may appoint citizens of good repute and probity to act
as probation aides.
Probation Aides shall not receive any regular compensation for
services except for reasonable travel allowance. They shall hold
office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum case loads shall be
provided in the rules promulgated pursuant to this Decree.

SEC. 29. Violation of Confidential Nature of Probation records. –

The penalty of imprisonment ranging from six months and one day to six
years and a fine ranging from six hundred to six thousand pesos shall
be imposed upon any person who violates Section 17 hereof.

SEC. 30. Appropriations. – There is hereby appropriate the sum of six

Million Five Hundred Thousand Pesos or so much as may be necessary,
out of any funds in the National Treasury not otherwise appropriated,
to carry out the purposes of this Decree. Thereafter, the amount of at
least Ten Million Five Hundred Thousand Pesos or so much as may be
necessary shall be included in the annual appropriations of the
national government.

SEC. 31. Repealing Clause. – All provisions of existing laws, orders

and regulations contrary to or inconsistent with this Decree are
hereby repealed or modified accordingly.

SEC. 32. Separability of Provisions. – If any part, section or

provision of this Decree shall be held invalid or unconstitutional, no
other parts, sections or supervisions hereof shall be affected
thereby.

PREPARED BY: CCJE STUDENTS 15

SEC. 33. Effectivity. – This Decree shall take effect upon its
approval: Provided, However, That, the application of its substantive
provisions concerning the grant of probation shall only take effect
twelve months after the certification by the Secretary of Justice to
the chief Justice of the supreme Court that the administrative
structure of the Probation Administration and of the other agencies
has been organized.

SEC. 33. Effectivity

This Decree shall take effect upon its approval; Provided,
however, that the application of its substantive provisions
concerning the grant of probation shall only take effect on
January 3, 1978. ( amended by PD 1257 )

DONE in the City of Manila, this 24th day of July in the year of
Our Lord, nineteen hundred and seventy-six (1976)

PRESIDENTIAL DECREE No. 1257

AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED
NINE HUNDRED AND SIXTY-EIGHT, OTHERWISE KNOWN AS THE
PROBATION LAW OF 1976

WHEREAS, the need to strengthen certain provisions of

Presidential Decree No. 968, otherwise known as the Probation Law
of 1976, has surfaced in the nationwide seminars which introduced
said law to judges, fiscals and private law practitioners;

WHEREAS, meeting such need would better ensure the achievement of

its laudable objectives;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic

of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as follows:

Section 1. Section 4 of Presidential Decree No. 968, otherwise

known as the Probation Law of 1976, is hereby amended to read as
follows:

"Sec. 4. Grant of Probation. Subject to the provisions of this

Decree, the court may, after it shall have convicted and
sentenced a defendant but before he begins to serve his sentence
and upon his application, suspend the execution of said sentence
and place the defendant on probation for such period and upon
such terms and conditions as it may deem best.

PREPARED BY: CCJE STUDENTS 16

The prosecuting officer concerned shall be notified by the court
of the filling of the application for probation and he may submit
his comment on such application within ten days from receipt of
the notification.

Probation may be granted whether the sentence impose a term of

imprisonment or a fine with subsidiary imprisonment in case of
insolvency. An application for probation shall be filed with
trial court, with notice to appellate court if an appeal has been
taken from the sentence of conviction. The filling of the
application shall be deemed a waiver of the right to appeal, or
the automatic withdrawal of a pending appeal. In the latter case
however, if the application is filed on or after the date of the
judgment of the appellate court.

An order granting or denying probation shall not be appealable."

Section 2. The first paragraph of Section 7 of the same Decree is

hereby amended to read as follows:

"Sec. 7. Period for Submission of Investigation Report. The

probation officer shall submit to the court the investigation
report on a defendant not later than sixty days from receipt of
the order of said court to conduct the investigation. The court
shall resolve the application for probation not later than
fifteen days after receipts of said report."

Section 3. Section 15 of the same Decree is hereby amended to

read as follows:

"Sec. 15. Arrest and Probationer; Subsequent Disposition. At any

time during probation, the court may issue a warrant for the
arrest of a probationer for any serious violation of the
conditions of probation. The probationer, once arrested and
detained, shall immediately be brought before the court for a
hearing of the violation charged. The defendant may be admitted
to bail pending such hearing. In such case, the provisions
regarding release on bail of persons charged with a crime shall
be applicable to probationers arrested under this provision.

In the hearing, which shall be summary in nature, the probationer

shall have the right to be informed of the violation charged and
to adduce evidence in his favor. The court shall not be bound by
the technical rules of evidence but may be inform itself of all
the facts which are material and relevant to ascertain the

PREPARED BY: CCJE STUDENTS 17

veracity of the charge. The State shall be represented by a
prosecuting officer in any contested hearing.
If the violation is established, the court may revoke or continue
his probation and modify conditions thereof. If revoked, the
court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be
appealable."

Section 4. Section 33 of the same Decree is hereby amended to

read as follows:

"Sec. 33. Effectivity. This Decree shall take effect upon its
approval: Provided, However, That the application of its
substantive provisions concerning the grant of probation shall
only take effect on January 3, 1978."
Section 5. This Decree shall take effect immediately.
Done in the City of Manila, this 1st day of December, in the year
of Our Lord, nineteen hundred and seventy-seven.

Presidential Decree No. 1990, s. 1985

Signed on October 5, 1985
MALACAÑANG
Manila
PRESIDENTIAL DECREE NO. 1990

AMENDING PRESIDENTIAL DECREE NO. 968 OTHER-

WISE KNOWN AS THE PROBATION LAW OF 1976

WHEREAS, it has been the sad experience that persons who are
convicted of offenses and who may be entitled to probation still
appeal the judgment of conviction even up to the Supreme Court,
only to pursue their application for probation when their appeal
is eventually dismissed;
WHEREAS, the process of criminal investigation, prosecution,
conviction and appeal entails too much time and effort, not to
mention the huge expenses of litigation, on the part of the
State;

PREPARED BY: CCJE STUDENTS 18

WHEREAS, the time, effort and expenses of the Government in
investigating and prosecuting accused persons from the lower
courts up to the Supreme Court, are oftentimes rendered nugatory
when, after the appellate Court finally affirms the judgment of
conviction, the defendant applies for and is granted probation;

WHEREAS, probation was not intended as an escape hatch and should

not be used to obstruct and delay the administration of justice,
but should be availed of at the first opportunity by offenders
who are willing to be reformed and rehabilitated;

WHEREAS, it becomes imperative to remedy the problems above-

mentioned confronting our probation system;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree:

SECTION 1. Section 4 of Presidential Decree No. 968 is hereby

amended to read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this

Decree, the trial court may, after it shall have convicted and
sentenced a defendant, and upon application by said defendant
within the period for perfecting an appeal, suspend the execution
of the sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best;
Provided, That no application for probation shall be entertained
or granted if the defendant has perfected the appeal from the
judgment of conviction.
“Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation shall
be filed with the trial court. The filing of the application
shall be deemed a waiver of the right to appeal.
“An order granting or denying probation shall not be appealable.”

SEC. 2. Section 9 of Presidential Decree No. 968 is hereby

amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree

shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more
than six years;

PREPARED BY: CCJE STUDENTS 19

(b) convicted of subversion or any crime against the national
security or the 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.”

SEC. 3. The provisions of Section 4 of Presidential Decree No.

968, as above amended, shall not apply to those who have already
filed their respective applications for probation at the time of
the effectivity of this Decree.

SEC. 4. All laws, decrees, executive or administrative orders,

rules and regulations, or parts thereof, inconsistent with this
Decree, are hereby repealed, amended or modified accordingly.

SEC. 5. This Decree shall take effect after fifteen (15) days
following its publication in the Official Gazette.

DONE in the City of Manila, this 5th day of October, in the year
of Our Lord, nineteen hundred and eighty-five.

BATAS PAMBANSA BILANG 76

AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED

SIXTY-EIGHT, AS AMENDED, OTHERWISE KNOWN AS THE PROBATION
LAW OF NINETEEN HUNDRED AND SEVENTY-SIX, SO AS TO EXPAND ITS
COVERAGE.

Section 1. Section nine of Presidential Decree Numbered Nine

hundred sixty-eight, as amended by Presidential Decree Numbered
Twelve hundred and fifty-seven, is hereby further amended to read
as follows:

PREPARED BY: CCJE STUDENTS 20

"Sec. 9. Disqualified Offenders. — The benefits of this Decree
shall not be extended to those:
"(a) sentenced to serve a maximum term of imprisonment of more
than six years and one day;
"(b) convicted of any offense against the security of the
State;
"(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; and
"(d) who have been once on probation under the provisions of
this Decree."

Sec. 2. Notwithstanding the provision of the Probation Law of

1976, any person sentenced to maximum penalty of six years and
one day on January 3, 1978 and thereafter may be placed on
probation upon his application therefor with the court of origin.
However, such person serving sentence at the effectivity of this
Act shall remain in jail pending the approval of his application.

Sec. 3. This Act shall take effect upon its approval.

Republic Act No. 10707]

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS

THE “PROBATION LAW OF 1976”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended,

is hereby further amended to read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this

Decree, the trial court may, after it shall have convicted and
sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms and
conditions as it may deem best. No application for probation
shall be entertained or granted if the defendant has perfected
the appeal from the judgment of conviction: Provided, That when a

PREPARED BY: CCJE STUDENTS 21

judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant 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
where the judgment of conviction imposing a non-probationable
penalty was rendered, or in the trial court where such case has
since been re-raffled. 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.

“The trial court shall, upon receipt of the application filed,

suspend the execution of the sentence imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of

probation should he seek a review of the modified decision which
already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term of

imprisonment or a fine only. The filing of the application shall
be deemed a waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”

SEC. 2. Section 9 of the same Decree, as amended, is hereby

further amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree

shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more

than six (6) years;

“b. convicted of any crime against the national security;

“c. 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 pesos
(P1,000.00);

“d. who have been once on probation under the provisions of this
Decree; and

PREPARED BY: CCJE STUDENTS 22

“e. who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section
33 hereof.”

SEC. 3. Section 16 of the same Decree, as amended, is hereby

further amended to read as follows:

“SEC. 16. Termination of Probation. — After the period of

probation and upon consideration of the report and recommendation
of the probation officer, the court may order the final discharge
of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed
terminated.

“The final discharge of the probationer shall operate to restore

to him all civil rights lost or suspended as a result of his
conviction and to totally extinguish his criminal liability as to
the offense for which probation was granted.

“The probationer and the probation officer shall each be

furnished with a copy of such order.”

SEC. 4. Section 24 of the same Decree is hereby amended to read

as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City

Probation Officers. — Regional, Provincial or City Probation
Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take
depositions in connection with their duties and functions under
this Decree. They shall also have, with respect to probationers
under their care, the powers of a police officer. They shall be
considered as persons in authority.”

SEC. 5. Section 27 of the same Decree is hereby amended to read

as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional,

Provincial or City Probation Officers shall be assisted by such
field assistants and subordinate personnel as may be necessary to
enable them to carry out their duties effectively.”

SEC. 6. Section 28 of the same Decree is hereby amended to read

as follows:

PREPARED BY: CCJE STUDENTS 23

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the
Chief Probation and Parole Officers in the supervised treatment
program of the probationers, the Probation Administrator may
appoint citizens of good repute and probity, who have the
willingness, aptitude, and capability to act as VPAs.

“VPAs shall not receive any regular compensation except for

reasonable transportation and meal allowances, as may be
determined by the Probation Administrator, for services rendered
as VPAs.

“They shall hold office for a two (2)-year term 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.

“There shall be a reasonable number of VPAs in every regional,

provincial, and city probation office. In order to strengthen the
functional relationship of VPAs and the Probation Administrator,
the latter shall encourage and support the former to organize
themselves in the national, regional, provincial, and city levels
for effective utilization, coordination, and sustainability of
the volunteer program.”

SEC. 7. Separability Clause. — If any provision of this Act is

declared invalid, the provisions hereof not affected by such
declaration shall remain in full force and effect.

SEC. 8. Repealing Clause. — All laws, executive orders, or

administrative orders, rules and regulations or parts thereof
which are inconsistent with this Act are hereby amended, repealed
or modified accordingly.

SEC. 9. Appropriations Clause. — The amount necessary to carry

out the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law.

SEC. 10. Implementing Rules and Regulations. — Within sixty (60)

days from the approval of this Act, the Department of Justice
shall promulgate such rules and regulations as may be necessary
to carry out the provisions of this Act.

SEC. 11. Effectivity. — This Act shall take effect immediately

after its publication in the Official Gazette or in two (2)
newspapers of general circulation.

PREPARED BY: CCJE STUDENTS 24

 PAROLE SYSTEM

Parole – refer to the conditional release of an offender from a

penal institution after he has served the minimum period of his
prison sentence.
“PAROLE” - Parole is a French word and is used here in the
sense of word of honor. Thus, the implication was that the
prisoner would gave his word ( or word of honor ) that he would
abide by the term of his conditional releases.
Parolee - refer to a person who is released on parole
Pardonee – refer to a person who is released on conditional
pardon
Client – refer to a pardonee/parolee who is place on supervision
Board – refers to the Board of Pardons and parole
Administration – refer to the Parole and Probation
Administration
Director – refer to the Director of the BuCor
Administrator – refer to the administrator of Parole and
Probation Administration

ORIGIN OF DEVELOPMENT OF PAROLE

In Europe, two persons who are administrators in the early

19th century contributed to the development of parole and they
are Menthesinos of Spain and Abermanior, a German. But it was
Captain Alexander Maconochie, penal superintendent at Norfolk
Island colony, Australia, who in 1840 originated the use of
ticket of leave, or conditional release equivalent to parole.
Alexander Maconochie was then called the “Father of Parole”.

PAROLE IN AMERICA

It is said that the first man to use the word “Parole” was
Dr. S. G. HAWE of Boston who used word in a letter to the prison
association of New York in 1846. But it was in 1869, after some
American prison reformers who observed the Irish Prison System
instituted by Sir Walter Crofter that led to the approval of the

PREPARED BY: CCJE STUDENTS 25

law creating the Elmira Reformatory in new York, which was
inaugurated in 1876, and this famous institution can be said to
be the beginning of parole in the United States. With ZEBULON R.
BROCKWAY, as superintendent at Elmira, using the indeterminate
sentence in compulsory developed parole which soon spread to
other states of the United States. By 1910, the federal
government and thirty two states had adopted the parole system.
Totally, parole is being used in some form or another in almost
all of the states of the United States, as well as other
countries including Philippines.

PAROLE IN THE PHILIPPINES

Parole in the Philippines is governed by the INDETERMINATE

SENTENCE LAW, also known as ACT NO. 4103, Dated December 05,
1933, and this law was subsequently amended by ACT No. 4225, and
later in June 19, 1965 by Republic Act No. 4203.

INDETERMINATE SENTENCE

PURPOSE: To uplift and redeem valuable human material and prevent

unnecessary and excessive deprivation of personal liberty and
economic usefulness.

IT COVER CRIMES PUNISHABLE UNDER THE REVISED CODE OR BY SPECIAL

LAW CASES IN WHICH THE INDETERMINATE SENTENCE LAW SHALL NOT

APPLY:
1. Offense punished by death or life imprisonment
2. Those convicted of treason ( Art. 114 ), Conspiracy or
proposal to commit treason ( Art. 115)
3. Those convicted of misprision of treason ( Art. 116 ),
rebellion ( Art. 134 ) , sedition ( Art. 139 ), or espionage
( Art. 117)
4. Those convicted of piracy ( Art. 122 )
5. Habitual delinquents ( Art. 62, par. 5 )

Noted: Recidivists are entitled to an Indeterminate Sentence.

Offender is not disqualified to avail of the benefits of the law
even if the crime is committed while he is on parole.

6. Those who escaped from confinement or those who evaded

sentence ( Art. 157 )
7. Those granted conditional pardon and who violated the terms
the same. ( Art. 159 )

PREPARED BY: CCJE STUDENTS 26

8. Those whose maximum period of imprisonment does not exceed one
year.
9. Those who are already serving final judgment upon the approval
of the ISL.

NOTE: A minor who escaped from confinement in the reformatory is

entitled to the benefits of the ISL because his confinement is
not considered as imprisonment. So also if the accused escaped
from the National Mental Hospital since his confinement as
patient is not imprisonment. The law does not apply if the
penalty is destierro because that does not involve imprisonment.

PAROLE ADMINISTRATION IN THE PHILIPPINES

Parole in the Philippines is administered by the Board of

Pardons and Parole, who shall composed of the Secretary of
Justiceas chairman and four members to be appointed by the
President with the consent of the Commission on Appointments and
shall hold office for four tears of the appointed members, one
member shall be trained sociologist, one a clergyman or educator,
one psychiatrist, and other members shall be persons qualified
for the work by training and experiences. At least one member of
the board must be woman.

EFFECT OF PAROLEE' S GOOD BEHAVIOR

If during the surveillance such parole prisoner shall show
himself to be a law abiding citizen and shall not violated any of
the laws of the Philippine Islands, the Board of Indeterminate
sentence may issue a final certificate of release in his favor,
which shall entitled him to final release and discharge.

VIOLATION OF PAROLE CONDITIONS BY PAROLE ITS EFFECTS

When any prisoner release on parole by virtue of this act,
shall, during the period of surveillances , violate3 any
condition of his parole, the Board of Indeterminate Sentence may
issue an order for his re-arrest which may served in any part of
the Philippine Islands by any police officer. In such case the
prisoner so re-arrested shall serve the remaining unexpired
portion of the maximum sentence for which he was originally
committed the prison, unless the Board of Indeterminate Sentence
shall grant a new parole to the said prisoner.

PAROLE ADMINISTRATION
Parole refers to the conditional release of a offender from
a penal or correctional institution after he has served the

PREPARED BY: CCJE STUDENTS 27

minimum period of his prison sentence under the continued custody
of the State and under conditions that permit his reincarnation
if he violates a condition for his release.

ESSENTIAL ELEMENTS OF PAROLE

1. that the offender is convicted;
2. the he serves part of his sentence in prison;
3. the he is released before the full expiration of his sentence;
4. that said release is conditional, defending on his good
behavior; and
5. that he remains on parole until the expiration of his maximum
sentence.

OBJECTIVES OF PAROLE
1. To uplift and redeem valuable human resources material to
economic usefulness;
2. To prevent unnecessary and excessive deprivation of personal
liberty.

ELIGIBLE FOR PAROLE

A prisoner is eligible for the grant of parole unless other

wise disqualified upon showing that is confined in a jail prison
to serve indeterminate prison sentence, the maximum period of
which exceeds one ( 1 ) year, pursuant to a final judgment of
conviction and that he has serve the minimum period of said
sentence less the good conduct time allowance earned.

DISCHARGE ON PAROLE

A prisoner may be granted a “Discharge on Parole “ whenever

the Board finds that there is a reasonable probability that if
released, the prisoner will be law-abiding and that his release
will not the interest and welfare of the society.

ORDER OF RELEASE OF THE PRISONER ON PAROLE

The Board of Pardons and Parole will order the release from
confinement of a prisoner granted parole.

DISQUALIFIED FOR PAROLE

1. Those convicted of an offense punished with Reclusion Perpetua
( Life Imprisonment )
2. Those convicted of treason, conspiracy of proposal to commit
treason;
3. Those convicted or misprision of treason, rebellion, sedition
or espionage;

PREPARED BY: CCJE STUDENTS 28

4. Those who are habitual delinquents, is those who are within a
period of ten years from the date of release from prison or last
conviction of the crimes of serious or less serious physical
injuries, robbery theft, estafa, and falsification, are found
guilty of said crimes a third time or oftener;
5. Those who escaped from confinement or evaded sentence;
6. Those who are granted conditional pardon and violated any of
the terms thereof;
7. Those whose maximum term o0f imprisonment does not exceed one
( 1 ) year or are with a definite sentence ;
8. Those suffering from any mental disorder as certified by
psychiatric report of the Bureau of Corrections or the National
Center for Mental Health;
9. Those whose conviction is on appeal;
10. Those who have a pending criminal case for an offense
committed while serving sentence.

PRISONERS AFTER RELEASE FROM CONFINEMENT MUST PRESENT HIMSELF

Within the period prescribed in his release document, the

prisoner shall present himself to the Parole and Probation Office
specified in the release document, under the supervision of a
Parole and Probation Officer so that former may be guided and
assisted towards rehabilitation.

INFRACTION OF THE TERMS OF PAROLE SUPERVISION

Any infraction by a client of the terms and conditions
appearing in his release document or any serious deviation or
non-observance of the obligations set in the parole supervision
program shall immediately reported by his Parole and Probation
Officer to the Board.

ARREST OF THE CLIENT OF PAROLE

Upon receipt of an infraction report, the Board shall
immediately order the arrest of the client of the Parole and
shall be made to serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison.

TERMINATION OF PAROLE
After the expiration of the maximum period of the sentence
of a client provided he does not commit any infraction and the
Board may, upon the recommendation of the Parole and Probation
Officer, issue a certificate of Final Release and Discharge to a
Parole.

PREPARED BY: CCJE STUDENTS 29

 OTHER FORMS OF EXECUTIVE CLEMENCY

EXECUTIVE CLEMENCY – It refers to the COMMUTATION OF SENTENCE,

ABSOLUTE PARDON, AND CONDITIONAL PARDON, with or without the
parole conditions, as may be granted by the President of the
Philippines upon the recommendation of the Board of Pardon and
Parole. It may also refer to commutation of sentence and
reprieve.

Pardon
– an act of executive clemency, by a head of a state for the
purpose of exempting an individual from the punishment imposes
upon him by a court of law.
- It is an act of grace and the recipient is not entitled to
it as a matter of right.

Kinds of Pardon

1. Absolute Pardon
It is an absolute pardon when it is granted by the
Chief Executive without any conditions attached. Absolute pardon
serves to wipe away the guilt of a pardonee, and makes him
innocent as if he has not committed any crime.

2) Conditional Pardon
It is conditional when it is granted by the Chief
Executive subject to the conditions imposed on the recipient and
accepted by him. Usually, the person granted with conditional
pardon has served a portion (at least ½ of the minimum of his
indeterminate sentence) of his sentence in prison

Limitations of the Pardoning Power of the President

The following are the limitations of the pardoning power of the
President:
1) it may not be exercised for offenses in
impeachment cases;
2) it may be exercised only after conviction by final
judgment;
3) it may not be exercised over civil contempt (as
for refusing to answer a proper question as a
witness in a case);
4) in case of violation of election law or rules and
regulations, no pardon, parole, or suspension
of sentence maybe granted;

PREPARED BY: CCJE STUDENTS 30

 5) cannot be exercised to violation of tax laws.

OTHER FORMS OF EXECUTIVE CLEMENCY

1) Amnesty
Is a general pardon extended to a group of persons
generally exercised by the Chief Executive with the concurrence
of congress.
It is an act of sovereign power granting oblivion or
general pardon for past offense and rarely, if ever, exercised in
favor of single individual is usually exerted in behalf of
certain classes of person who are subjected to trial but not have
been convicted.

Note: Amnesty can be availed of before, during and after the

trial of the case, even after conviction.

Differences between Amnesty and Pardon

As to the number of those who can avail:

Pardon includes any crime and is exercised individually by
the Chief Executive, while amnesty is a blanket pardon granted to
a group of prisoners, generally political prisoners.

As to the Time to Avail:

Pardon is exercised when the person is already convicted,
while amnesty maybe given before trial or investigation is done.

As to the Consent of Congress:

Pardon is granted by the Chief Executive and such as
private act, which must plead and proved by the person pardoned
because the court takes no choice thereof. While amnesty is by
proclamation with concurrence of congress, and it is a public
act, which the court should take judicial notice.

As to the Effect:
Pardon is an act of forgiveness, i.e. it relieves the
offender from the consequences of the offense, while amnesty is
an act of forgetfulness. i.e. it puts into oblivion the offense
of which one is charged so that the person as if he had never
committed the offense.

As to the Crime committed:

Pardon is granted for infractions of the peace of the
State while amnesty, for crimes against sovereignty of the state
(ex. political offense)

PREPARED BY: CCJE STUDENTS 31

2) Commutation of Sentence
It is a change of the decision of the court made by the
Chief Executive by reducing the degree of the penalty inflicted
upon the convict, or by decreasing the length of the imprisonment
of the original sentence.

Specific cases where commutation is provided for by the code:

1. When the convict sentenced to death is over 70 years of

age;
2. When ten justices of the Supreme Court failed to reach a
decision for the affirmation of the death penalty;

In other cases, the degree of the penalty is reduced from

death to reclusion perpetua.

In Commutation of Sentence consent of the offender is not

necessary. The public welfare, not his consent, determines what
shall be done.

3. Reprieve – the temporary stay of the execution of sentence

(applicable only to death sentence)

GCTA – is a privilege granted to a prisoner that shall entitle

him to a deduction of his term of imprisonment. Under Art.97,
RPC, the GCTA are:
1. 5 days per month during the first 2 years of imprisonment
2. 8 days per month during the 3rd to 5th years of imprisonment
3. 10 days during the following years until the 10th years of
imprisonment
4. 15 days during the 11th and successive years

Special Time Allowance for Loyalty (Art. 158, RPC)

-A deduction of 1/5 of the period of the sentence of any
prisoner who evaded the service of sentence on the occasion of
disorders due to conflagrations, earthquakes, or other calamities
shall be granted if he returns to authorities within 48 hours
after the president declared that the calamity is over.
- Once granted hall not be revoked.

PREPARED BY: CCJE STUDENTS 32

 REPUBLIC ACT NO. 10592]

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Article 29 of Act No. 3815, as amended, otherwise

known as the Revised Penal Code, is hereby further amended to
read as follows:

“ART. 29. Period of preventive imprisonment deducted from term of

imprisonment. – Offenders or accused who have undergone
preventive imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time
during which they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after being
informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:

“1. When they are recidivists, or have been convicted previously

twice or more times of any crime; and

“2. When upon being summoned for the execution of their sentence
they have failed to surrender voluntarily.

“If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall do
so in writing with the assistance of a counsel and shall be
credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment.

“Credit for preventive imprisonment for the penalty of reclusion

perpetua shall be deducted from thirty (30) years.

“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. Computation of preventive
imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good

PREPARED BY: CCJE STUDENTS 33

conduct time allowance: Provided, however, That if the accused is
absent without justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the accused:
Provided, finally, That recidivists, habitual delinquents,
escapees and persons charged with heinous crimes are excluded
from the coverage of this Act. In case the maximum penalty to
which the accused may be sentenced is lestierro, he shall be
released after thirty (30) days of preventive imprisonment.”

SEC. 2. Article 94 of the same Act is hereby further amended to

read as follows:

“ART. 94. Partial extinction of criminal liability. – Criminal

liability is extinguished partially:

“1. By conditional pardon;

“2. By commutation of the sentence; and

“3. For good conduct allowances which the culprit may earn while
he is undergoing preventive imprisonment or serving his
sentence.”

SEC. 3. Article 97 of the same Act is hereby further amended to

read as follows:

“ART. 97. Allowance for good conduct. – The good conduct of any
offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted prisoner
in any penal institution, rehabilitation or detention center or
any other local jail shall entitle him to the following
deductions from the period of his sentence:

“1. During the first two years of imprisonment, he shall be

allowed a deduction of twenty days for each month of good
behavior during detention;

“2. During the third to the fifth year, inclusive, of his

imprisonment, he shall be allowed a reduction of twenty-three
days for each month of good behavior during detention;

“3. During the following years until the tenth year, inclusive,
of his imprisonment, he shall be allowed a deduction of twenty-
five days for each month of good behavior during detention;

PREPARED BY: CCJE STUDENTS 34

“4. During the eleventh and successive years of his imprisonment,
he shall be allowed a deduction of thirty days for each month of
good behavior during detention; and

“5. At any time during the period of imprisonment, he shall be

allowed another deduction of fifteen days, in addition to numbers
one to four hereof, for each month of study, teaching or
mentoring service time rendered.

“An appeal by the accused shall not deprive him of entitlement to

the above allowances for good conduct.”

SEC. 4. Article 98 of the same Act is hereby further amended to

read as follows:

“ART. 98. Special time allowance for loyalty. – A deduction of

one fifth of the period of his sentence shall be granted to any
prisoner who, having evaded his preventive imprisonment or the
service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the
period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158
of this Code.

“This Article shall apply to any prisoner whether undergoing

preventive imprisonment or serving sentence.”

SEC. 5. Article 99 of the same Act is hereby further amended to

read as follows:”

“ART. 99. Who grants time allowances. – Whenever lawfully

justified, the Director of the Bureau of Corrections, the Chief
of the Bureau of Jail Management and Penology and/or the Warden
of a provincial, district, municipal or city jail shall grant
allowances for good conduct. Such allowances once granted shall
not be revoked.”

SEC. 6. Penal Clause. – Faithful compliance with the provisions

of this Act is hereby mandated. As such, the penalty of one (1)
year imprisonment, a fine of One hundred thousand pesos
(P100,000.00) and perpetual disqualification to hold office shall

PREPARED BY: CCJE STUDENTS 35

be imposed against any public officer or employee who violates
the provisions of this Act.

SEC. 7. Implementing Rules and Regulations. – The Secretary of

the Department of Justice (DOJ) and the Secretary of the
Department of the Interior and Local Government (DILG) shall
within sixty (60) days from the approval of this Act, promulgate
rules and regulations on the classification system for good
conduct and time allowances, as may be necessary, to implement
the provisions of this Act.

SEC. 8. Separability Clause. – If any part hereof is held invalid

or unconstitutional, the remainder of the provisions not
otherwise affected shall remain valid and subsisting.

SEC. 9. Repealing Clause. – Any law, presidential decree or

issuance, executive order, letter of instruction, administrative
order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended
accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen
(15) days from its publication in the Official Gazette or in at
least two (2) new papers of general circulation.

PREPARED BY: CCJE STUDENTS 36

THE THREE PROGRAM THRUSTS OF THE PAROLE AND PROBATION
ADMINISTRATION ARE:
1. Volunteerism
2. Restorative Justice
3. Therapeutic Community Modality Program

What Is Volunteerism?
Volunteerism is a service freely and willingly given without any
compensation or reward.

What Is Restorative Justice?

Restorative Justice is the healing of the broken relationship of
the offender to the victim and the community.

What Is Therapeutic Community Modality Program (TCMP)?

TCMP is the training given to clients for them to become model of
the community.

What Are The Basic Principles Of Volunteerism?

1. A VPA must be a person who can serve as a living example and
inspiration to the clients whom he will be assigned to help and
supervise.
2. The VPA shall be able to serve in an organized way and shall
assist the Administration with utmost fidelity towards the
fulfillment of the vision, mission and goals of the Agency.
3. In accordance with the true spirit of volunteerism, the VPA
shall be a self-reliant person who performs his job in the spirit
of genuine service for country and fellowmen and therefore, does
not expect any material and therefore, does not expect any
material return for said services as a volunteer.

What are the qualifications of a VPA?

1. Must be a Filipino citizen.
2. Must be at least thirty-five (35) years old.
3. Must be a resident of the community were the client under
his supervision resides.
4. Must have adequate and stable source of income and willing
to serve without any compensation.
5. Must be able and willing to prepare monthly reports on his
supervision activities.
6. Must have no criminal record of conviction except those who
have shown exemplary behavior and may therefore be considered as
role models of their fellow offenders.
7. Must have adequate good health.
8. Must have time to supervise preferably five (5) clients.
9. Must be of good moral character.

PREPARED BY: CCJE STUDENTS 37

10. Must have passed the Agency’s Background Investigation.

Training of VPAs
1. The VPA shall undergo and complete the 16-hour Introductory
Training Course for VPA (ITCV) to be conducted by the Training
Division in coordination with JICA after his appointment by the
Administrator thru the recommendation of the Regional Director

2. The training of VPA shall be the responsibility of the

Regional Office thru the Community Services Unit and the Regional
training Committee

Appointment of VPA?
The VPA shall be appointed for five (5) years by the
Administrator thru the Community Services Division and the
National Screening Committee and subject to renewal/revocation
thereafter, upon the recommendation of the Regional Director.

What are the functions, duties and responsibilities of VPA?

1. Supervises a maximum of five (5) clients at one given time.
2. Works in close consultation and coordination with the
Supervising Officer-On-Case, who will provide him with the needed
information about the client including the treatment/supervision
plan which must be primary focus of his task.
3. Submits monthly report on his activities to the CPPO thru
the Supervising Officer-On-Case.
4. Keeps all information about the client in strict
confidentiality.
5. Performs such other tasks related to client’s rehabilitation
as may be assigned by the CPPO from time to time.

PREPARED BY: CCJE STUDENTS 38

 THE THREE PROGRAM THRUSTS OF THE PAROLE AND PROBATION
ADMINISTRATION

PREPARED BY: CCJE STUDENTS 39

PREPARED BY: CCJE STUDENTS 40