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Chapter 4

Treatment Programs of Convicted Persons Placed under Non-Institutional

Correction Programs/Community Based Program

CORRECTION AND REHABILITATION OF PENITENT OFFENDERS

Objective:

To effect the rehabilitation and reintegration of probationers, parolees,

pardonees, and first-time minor drug offenders as productive, law-abiding and socially
responsible members of the community through

1. well-planned supervision programs for probationers, parolees,

pardonees, and first-time minor drug offenders which are aligned to
national program thrusts of the government, such as, the Sariling-
Sikap, Jail Decongestion, etc.

2. establishment of innovative and financially and technically feasible

projects for the moral, spiritual and economic upliftment of
probationers, parolees, pardonees, and first-time minor drug
offenders utilizing available community resources.

Scope and Beneficiaries:

All offenders granted probation, parole, pardon and suspended sentence.

The Administration has adopted a harmonized and integrated treatment program

for these clients to affect their rehabilitation. This harmonized and integrated program
involves (1) The Therapeutic Community Modality (2) The Restorative Justice Principles
and Concepts and (3) the Use of Volunteer Probation Aides (VPAs).

The Therapeutic Community Modality is a self-help social learning treatment

model used for clients with problems of drug abuse and other behavioral problems such
as alcoholism, stealing, and other anti-social tendencies. As a treatment model, it
includes four (4) categories, namely, behavior management, intellectual/spiritual aspect,
emotional and social aspects, and vocational/survival aspects.

In this regard, the Therapeutic Community Modality provides a well-defined

structure for a synchronized and focused implementation of the various intervention
strategies/activities undertaken by the Agency such as:

1. Individual and group counseling

This activity intends to assist the clients in trying to sort out their problems,
identify solutions, reconcile conflicts and help resolve them. This could be done either
by individual or group interaction with the officers of the Agency.
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2. Moral, Spiritual, Values Formation

Seminars, lectures or trainings offered or arranged by the Agency comprise

these rehabilitation activities. Active NGOs, schools, civic and religious organizations
are tapped to facilitate the activities.

3. Work or Job Placement/Referral

Categorized as an informal program wherein a client is referred for work or job

placement through the officer’s own personal effort, contact or information.

4. Vocational/Livelihood and Skills Training

The program includes the setting up of seminars and skills training classes like
food preservation and processing, candle making, novelty items and handicrafts
making, etc., to help the clients earn extra income. Likewise, vocational and technical
trade classes are availed of such as refrigeration, automotive mechanic, radio/television
and electronics repairs, tailoring, dressmaking, basic computer training, etc. through
coordination with local barangays, parish centers, schools and civic organizations.

5. Health, Mental and Medical Services

To address some of the basic needs of clients and their families, medical
missions are organized to provide various forms of medical and health services
including physical examination and treatment, free medicines and vitamins, dental
examination and treatment, drug dependency test and laboratory examination.

Psychological testing and evaluation as well as psychiatric treatment are likewise

provided for by the Agency’s Clinical Services Division and if not possible by reason of
distance, referrals are made to other government accredited institutions.

6. Literacy and Education

In coordination with LGU programs, adult education classes are availed of to help
clients learn basic writing, reading and arithmetic. Likewise, literacy teach-ins during any
sessions conducted for clients become part of the module. This is particularly intended
for clients who are “no read, no write” to help them become functionally literate.

Likewise, linkages with educational Foundation, other GOs and NGOs are
regularly done for free school supplies, bags and uniform for client’s children and
relatives.

7. Community Service

This program refers to the services in the community rendered by clients for the
benefit of society. It includes tree planting, beautification drives, cleaning and greening
of surroundings, maintenance of public parks and places, garbage collection, blood
donation and similar socio-civic activities.

8. Client Self-Help Organization

This program takes the form of cooperatives and client associations wherein the
clients form cooperatives and associations as an economic group to venture on small-
scale projects. Similarly, client associations serve another purpose by providing some
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structure to the lives of clients where they re-learn the basics of working within a group
with hierarchy, authority and responsibility much like in the bigger society.

9. Payment of Civil Liability

The payment of civil liability or indemnification to victims of offenders are pursued

despite the economic status of clients. Payment of obligations to the victims instills in
the minds of the clients their responsibility and the consequences of the harm they
inflicted to others.

10. Environment and Ecology

To instill awareness and concern in preserving ecological balance and

environmental health, seminars/lectures are conducted wherein clients participate.
These seminars/lectures tackle anti-smoke belching campaign, organic farming, waste
management, segregation and disposal and proper care of the environment.

11. Sports and Physical Fitness

Activities that provide physical exertion like sports, games and group play are
conducted to enhance the physical well-being of clients. Friendly competition of clients
from the various offices of the sectors, together with the officers, provide an enjoyable
and healthful respite.

The success of the Therapeutic Community treatment model is also anchored on

the implementation of restorative justice. To highlight the principles of restorative justice,
offenders are recognized to indemnify victims and render community services to
facilitate the healing of the broken relationship caused by offending the concerned
parties. Mediation and conferencing are also utilized in special cases to mend and/or
restore clients’ relationship with their victim and the community.

Considering that it is in the community that the rehabilitation of clients takes

place, the utilization of therapeutic community treatment model coupled with the
principles of restorative justice would be further energized with the recruitment, training
and deployment of Volunteer Probation Aides (VPAs). The VPA program is a strategy to
generate maximum participation of the citizens in the community-based program of
probation and parole. Through the VPAs, the substance of restorative justice is pursued
with deeper meaning since the VPAs are residents of the same community where the
clients they supervise reside. Thus, it is practicable for the volunteers to solicit support
for clients’ needs and assist the field officers in supervising the probationers, parolees,
and pardonees.

The Therapeutic Community treatment modality, Restorative Justice paradigm

and deployment of VPAs integrated into one rehabilitation program have yielded
tremendous outcome in the rehabilitation and reformation of probationers, parolees,
pardonees, and first-time minor drug offenders.

Furthermore, the Agency believes that the client’s family is a major part or
support in the rehabilitation process, thus the Administration adopts the Integrated Allied
Social Services program to address the needs of the children and other minor
dependent of the clients. Under the said program, interventions relative to the growth
and development of the minor dependents are done to help them become productive,
law abiding and effective individuals.
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PROBATION

Probation – A term coined by John Augustus, from the Latin verb “probare” – which
means to prove or to test.

Probation is a procedure under which the court releases a defendant found guilty of a
crime without imprisonment subject to the condition imposed by the court and subject to the
supervision of the probation service. Probation may be granted either through the withholding of
sentence (suspension of imposition of a sentence) or through imposition of sentence and stay or
suspension of its execution. The former generally considered more desirable.

John Augustus, the "Father of Probation," is recognized as the first true probation
officer. Augustus was born in Woburn, Massachusetts, in 1785. By 1829, he was a permanent
resident of Boston and the owner of a successful boot-making business. It was undoubtedly his
membership in the Washington Total Abstinence Society that led him to the Boston courts.
Washingtonians abstained from alcohol themselves and were convinced that abusers of alcohol
could be rehabilitated through understanding, kindness and sustained moral suasion, rather than
through conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed. Augustus thus began an 18-
year career as a volunteer probation officer. Not all of the offenders helped by Augustus were
alcohol abusers, nor were all prospective probationers taken under his wing. Close attention was
paid to evaluating whether or not a candidate would likely prove to be a successful subject of
probation. The offender's character, age and the people, places and things apt to influence
him/her were all considered.

Augustus was subsequently credited with founding Investigations, one of three main
concepts of modern probation, the other two being Intake and Supervision. Augustus, who kept
detailed notes on his activities, was also the first to apply the term "probation" to this process of
treating offenders. 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, a remarkable accomplishment
when measured against any standard. His reformer's zeal and dogged persistence won him the
opposition of certain segments of Boston society as well as the devotion and aid of many Boston
philanthropists and organizations. The first probation statute, enacted in Massachusetts shortly
after this death in 1859, was widely attributed to his efforts.

History of Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial period
(1898 - 1945) with the enactment of Act No. 4221 of the Philippine Legislature on 7 August
1935. This law created a Probation Office under the Department of Justice. On November 16,
1937, after barely two years of existence, the Supreme Court of the Philippines declared the
Probation Law unconstitutional because of some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a probation
system in the Philippines. This bill avoided the objectionable features of Act 4221 that struck
down the 1935 law as unconstitutional. The bill was passed by the House of Representatives, but
was pending in the Senate when Martial Law was declared and Congress was abolished. In 1975,
the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical
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hearings over a period of six months, the draft decree was presented to a selected group of 369
jurists, penologists, civic leaders and social and behavioral scientists and practitioners. The group
overwhelmingly indorsed the establishment of an Adult Probation System in the country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of
1976, was signed into Law by the President of the Philippines. The operationalization of the
probation system in 1976-1977 was a massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods and procedures; administrative and
procedural manuals were developed; probation officers recruited and trained, and the central
agency and probation field offices organized throughout the country. Fifteen selected probation
officers were sent to U.S.A. for orientation and training in probation administration. Upon their
return, they were assigned to train the newly recruited probation officers. The probation system
started to operate on January 3, 1978. As more probation officers were recruited and trained,
more field offices were opened.

Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be properly considered as an

independent subject. It is only a phase of penology, and therefore, it must be viewed in its
relation to other aspects of the enforcement of the criminal laws and its proper perspective. It is a
part of an entire structure and only a single feature of a well-rounded correctional process.
Probation is a form of treatment of the convicted offender. It is not a clemency, pity or leniency
to the offender, but rather a substitute for imprisonment. There are some offenders who must go
to prison for their own good and for the good of the society because their presence in the
community constitutes a threat to law and order. Other less inured to crime can remain in the
community after conviction where they are given a chance to conform to the demands of the
society. Probation is compared to an out-patient. The out-patient does not need to be confined in
a hospital because his sickness is not serious. However, the patient must remain under the care
and supervision of his family physician in order that his sickness will not become serious.
Similarly, the probationer does not need to go to prison, but he should remain under the
supervision and guidance of his probation officer in order that he will not become a more serious
offender.

Probation is given in cases that the ends of justice do not require that the offender go to
prison. This is also when all the following circumstances exist: that there is a strong likelihood
that the defendant will reform; that there is a little danger of seriously injuring or harming
members of the society by committing further crimes; that the crime he committed is not one that
is repugnant to society; that he has no previous record of conviction; and that the deterrent effect
of imprisonment on other criminals is nit required. The person who is placed on probation is not
a free man because he is required to live within specified area. He is deprived of certain rights
and privileges of citizenship, but he retains some other rights and is entitled to the dignity of
man.

Purpose of Probation

1. “Probation, like parole and imprisonment, has as its primary objective the protection of
society against crime. Its methods may differ, but its broader purpose must be to serve the
great end of all organized justice – the protection of the community, probation is an
extension of the powers of the court over the future behavior and destiny of the convicted
person such as is not retained in other dispositions of criminal case.

2. Probation is the recognition that in certain types of behavior problems which come before
the courts confinement may be both an unnecessary and an inadequate means of dealing
with the individuals involved; unnecessary because in that particular case the end sought,
i,e., the protection of society, may be achieved without the cost of confinement, and
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inadequate because the prison sentence may create difficulties and complications which
will make more, rather than less, doubtful the reinstatement of that particular individual
as a law-abiding citizen.

Advantages of Probation

Probation is more advantageous than imprisonment. In probation, the man is spared the
degrading, embittering and disabling experience of imprisonment that might only confirm them
in criminal ways. On the other hand, the offender can continue to work in his place of
employment. Family ties remain intact, thus preventing many a broken home. Also, probation is
less expensive which is only one tenth as costly as imprisonment. To the extent that probation is
being used today – about 60% of convicted offenders are given probation – this type of
sentencing therefore, will greatly relieve prison congestion. Chief Justice Taft of the United
States Supreme Court in a case decided by that Court mentioned the purpose of the federal
Probation Act as follows:

“The great desideratum was the giving to young and new violators of law a chance to
reform and to escape the contaminating influence of association with hardened or veteran
criminals in the beginning of the imprisonment… Probation is the attempted saving of a man
who has taken one wrong step and whom the judge think to be a brand who can be plucked from
the burning at the time of the imposition of the sentence. “

ADMINISTRATIVE ORGANIZATION OF PROBATION

During the early stages of probation the appointment of probation officers and the
administration of probation services were considered as court functions. Later, probation service
was provided to serve all courts within a City or County such courts as juvenile, domestic,
municipal and criminal. In this type of probation service, the probation officers are appointed by
the Civil Service Bureau or Commission. In recent years there has been a trend toward a state
integrated probation and parole service for:

 Personality: He must be of such integrity, intelligence, and good judgment as to

command respect and public confidence; Because of the importance-of his quasi-judicial
functions, he: must possess the equivalent personal qualifications of high judicial officer.
He must be forthright, courageous and independent. He should be appointed without
reference to creed, color, or political affiliation.

 Education: A board member should have an educational background broad

enough to provide him with knowledge of those professions mostly closely related to
parole administration. Specifically, academic training which has qualified the board
member for professional practice in a field such as criminology, education, psychiatry,
psychology, social work and sociology is desirable. It is essential that he have the
capacity and desire to round out his knowledge, as effective performance is dependent
upon an understanding of legal processes, the dynamics of human behavior, and cultural
conditions contributing to crime.

 Experience: He must have an intimate knowledge of common situations and

problems confronting offenders. This might be obtained from a variety of fields, such as
probation, parole, the judiciary, law, social work, a correctional institution, a delinquency
preventive agency.

 Others: "He should not be an officer of a political party or seek or hold elective
office while a member of the board."

Extinction of Criminal Liability

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The criminal liability of the person is extinguished into two instances the partial and total
extinction of the criminal liability of the convicted felon.

Total Extinction of Criminal Liability

1. By marriage of the offended woman

Marriage of the offender with the offended woman after the commission o any of the
crimes of rape, Seduction, Abduction, or Acts of Lasciviousness must be contracted by
the offender in good faith. The marriage contracted only to avoid criminal liability is
devoid or has no legal effects and that the criminal liability of the offender is not
extinguish.

2. By the death of the convict, as to the personal penalties; and as to pecuniary penalties,
liability thereof is extinguished only when the death of the offender occurs before final
judgment.

If the offender died before final judgment its pecuniary or civil liabilities is extinguished.
But, if the convict died after final judgment the pecuniary penalties or civil liabilities is
not extinguished. If the offended party died it does not extinguished the civil and criminal
liability of the offender due to the reason that the offense is committed against the state.

3. By service of sentence

Crime is a debt by the offender as a consequence of his wrongful act and the penalty is
the amount of his debt. When the payment is made, the debt is extinguished. After the
convict has served its sentence its criminal liability is extinguished but does not include
the civil liability.

4. By amnesty, which completely extinguishes the penalty and all its effects:

Amnesty defined. It is an act of the sovereign power granting oblivion or a general

pardon for a past offense. And is rarely, if ever, exercised in favor of a single individual
and is exerted in behalf of certain classes of persons; who are subject to trial but have yet
been convicted. However, amnesty maybe granted after conviction. All its civil liabilities
are being extinguished also.

5. By absolute Pardon

Absolute Pardon defined. It is an act grace proceeding from the power entrusted with the
execution of the laws, which exempts the individual on whom it is bestowed from the
punishment, the law inflicts for the crime he has committed.

Pardon will only extinguished the punishment of crime upon acceptance of the grantee.
Once pardon is accepted by the grantee the pardon already delivered cannot be revoked
by the authority, which granted pardon.

As practiced in the Philippines, there are two kinds of pardons, namely, the absolute and
conditional pardons.

Absolute Pardon - is one, which is given without any condition attached to it. The
purposes of this kind of pardon are:
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1. To do away with the miscarriage of justice - Under the present method of judicial
procedure justice is not guaranteed. It is possible to convict innocent person, as it is
possible for criminals to escape the hands of justice. When an innocent convict has no
more recourse through courts, the remedy is absolute pardon. The power of the
President to pardon offenders on the grounds of innocence is rarely exercised because
the criminal procedures are liberal in granting a new trial in the case of an offender
has no more legal remedy will pardon of this nature be given. If so exercised,
absolute pardon is granted after an exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.

2. To keep punishment abreast with the current philosophy, concept or practice of

criminal justice administration - A criminal act, because of changing scheme of social
values, may become non-criminal at a later date. Therefore, persons serving
imprisonment at the time of the repeal of the law abolishing the crime may be
extended absolute pardon. For example, a person serving imprisonment for black-
marketing of gasoline when this commodity was rationed may after the repeal of the
law on black-marketing be extended absolute pardon.

3. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period. The greatest number of application
for absolute pardon come from ex-prisoners who desire to be restored their political
and civil rights. In the Philippines, the Office of the President laid down the policy to
grant absolute pardon to ex-prisoners ten years from the date of their release from
prison. Recently the policy was relaxed, thereby shortening the waiting period of five
years. The waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.

Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public office or the right to
suffrage, unless such rights are expressly restored by the terms of pardon. A pardon does not
exempt the offender from the payment of civil indemnity imposed upon him by the sentence.
Absolute pardon totally extinguishes the criminal liability but not the right of the offended party
to enforce the civil liability against the offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the doctrine
that the absolute pardon removes all that is left of the consequences of conviction, and that it is
absolute in so far it restores the pardonee to full civil and political rights.

In another case, the supreme Court reiterated the doctrine laid down on the Cristobal vs.
Labrador case and elucidated further that “an absolute pardon not only blots out the crime but
removes all disabilities resulting from the conviction; and that when granted after the term of
imprisonment has expired, absolute pardon removes all that is left of the consequences of
conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Differences between Amnesty and Pardon

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.
Pardon is exercised when the person is already convicted while amnesty may be given before
trial or investigation is had.

In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court distinguished
pardon from amnesty in that, “pardon is granted by the Chief Executive and such it is a private
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act which must be placed and proved by the person pardoned, because the courts take no notice
thereof; while amnesty is by proclamation with concurrence of Congress, and it is a public act
which the courts should take judicial notice. Pardon is granted to one after conviction, while
amnesty is granted to classes of persons who may be guilty of political offenses, generally before
or after the institution of criminal prosecution and sometimes after conviction. “

Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the following:

1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par. 2,
Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election law may
be granted without favorable recommendation of the Commission of Elections. “(Art.
X, Soc. 2, Par. 2 Constitution of the Philippines)”
3. Pardon is exercised only after conviction.

It is an elementary principle in political law that pardon can only be given after final
conviction. Cases pending trial or an 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.

Partial Extinction of Criminal Liability

Criminal liability is extinguished partially:

1. By conditional Pardon

A conditional pardon delivered and accepted is considered a contract between the

sovereign power of the executive and the convict that the former will release the latter upon
compliance with the condition.

2. By Commutation of Sentence

Commutation defined. Is an act of clemency by which an execute act changes a heavier

sentence to a less serious one or a longer term to a shorter term.

It is a change of 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
or the amount of the fine.

Purpose of Commutation of Sentence

a. to break the rigidity of the law;

b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.

Instances where commutation is provided by law:

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

2. When the justices of the Supreme Court fail to reach a decision for the affirmation of
the death penalty.
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In either case, the degree of 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. By Good Conduct Time Allowance (RA 10592)

The conduct of any prisoner in any penal constitution shall entitle him to the following
deductions from the period of his sentence;

 First two years of imprisonment – twenty (20) days of allowed deduction for
each month of good behavior;
 Third of fifth year – twenty three (23) days allowed deduction of each of good
behavior;
 Sixth to the tenth year – twenty five (25) days allowed deduction for each
month of good behavior;
 Eleventh and success years – thirty (30) days allowed deduction for each
month of good behavior.

 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.

 Remember: An appeal by the accused shall not deprive him of entitlement to the
above allowances for good conduct.

Special Time Allowance (RA 10592)

 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.”

Authority to Grant

 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.”

Conditional Pardon - 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.

Nature of Conditional Pardon

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Conditional Pardon is in the nature of a contract, so that it must first be accepted by the
recipient before it takes effect. The pardonee is under obligation to comply strictly with the
conditions imposed therein, otherwise, his non-compliance will result to the revocation of the
pardon. (Art. 95, RPC). If the pardonee violates any of the conditions of his pardon, he will be
prosecuted criminally as a pardon violator. Upon convictions, the accused will be sentenced to
serve an imprisonment of prison correctional. However, if the penalty remitted by the granting of
such pardon be higher than six years, the pardonee will be made to serve the unexpired portion of
his original sentence. (Art. 159, RPC)

How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the prisoner, his family or
relative, or upon the recommendation of the prison authorities. The petition or request is
processed by the Board of Pardons and Parole. The Board shall determine if the prisoner has
served a sufficient portion of his sentence; his release is not inimical to the interest of the
community; and that there is a likelihood that the offender will not become a public charge and
will not recidivate in crime. If all these factors are favorable, then the Board will endorse the
petition favorably to the President. If the case is premature, the petitioner is so informed.

Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional pardon, the following
points shall be considered as guides-
1. The political, organizational or religious affiliation of the prisoner should be disregarded.
2. Due (but not undue) regard should be given the attitude of the people in the community
from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social, economic,
psychological and emotional backgrounds – should be carefully investigated.

Conditional Pardon Distinguished from Parole

The purpose of conditional pardon and parole is the same – the release of a prisoner who
is already reformed in order that he can continue to serve his sentence outside of the institution,
thus giving him the opportunity to gradually assume the responsibilities of a free man. 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.

Conditions of Pardon and Parole

In the Philippines, the pardonee is given the same set of rules or conditions as the parolee.
Among the conditions usually imposed on pardonees and parolees are the following:

1. That he shall live in his parole residence and shall not change his residence during the
period of his parole without first obtaining the consent of the Board of Pardons and
Parole.
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2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs not get the
permission of the Board, although he may so inform his parole officer (Municipal Judge)
of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or to such
officer as may be designated by the Executive Officer of the Board of Pardons and Parole
during the first year once a month and, thereafter, once every two months or as often as
he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places or
persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any officer
designated by the Executive Officer of the Board to visit him at reasonable times at his
place of abode or elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the Department of Justice
in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may from
time to time make.

Abuse of the Pardon Power and It’s Safeguards

The power vested on the President by the Constitution to grant pardon is very broad and
exclusive. It is not subject to review by the courts. Neither does congress have the right to
establish conditions nor provide procedure for the exercise of pardon. Under these
circumstances, it is therefore possible that unscrupulous Chief Executive can abuse his power. In
fact, nearly every presidential election the alleged abuse of the pardoning power has come up as
campaign issue against the incumbent President. The truth of the charge has never been
investigated, but the fact that the alleged anomaly is aired publicly is an indication that the power
to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the pardoning power. First is
the constitutional provision that the President may be impeached for a willful violation of the
Constitution. This is enough deterrent for the Chief Executive to abuse this power. Second, is the
policy of the Office of the Chief Executive, ever since the time of the American Governors
General, to approve pardon cases, which are favorably recommended by the Board of Pardons
and Parole. Although this policy does not wholly bind the President, seldom, if ever, has it been
disregarded.

Is Pardon Necessary in our Penal System?

Judges are human beings and are therefore apt to commit errors. It is possible for an
innocent to get convicted, as it is possible for a criminal to escape the hands of justice. An
innocent man may not be able to present evidence to prove his innocence, or may not have the
money to hire a good counsel. Many of our penal laws are outmoded and are no longer kept
abreast with current trends of criminal justice administration. Judges are limited by laws to the
use of discretion they may exercise in any given case. Under any of the above circumstances, an
injustice may result, which can only be remedied by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be sufficiently protected
against the ex-prisoner if the latter is released through parole or conditional pardon.
Unfortunately, not all sentences are indeterminate so that some prisoners are deprived of the
privilege of parole. Therefore, pardon is necessary for the prisoners who do not fall under the
parole law.

History of Parole
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The word Parole has a French origins in the term Parole D’Honneur which means, “Word
of Honor”. The idea of parole began emerging as Mirabeau of French statesman suggested the
function of parole into the court before his death in 1791. The beginning of parole was very
controversial in the process of correctional system. Captain Alexander Marconochie started it
under the concept of mark system, as a result he was removed as warden at Norfolk Island
Australia. Sir Walter Crofton in 1854 continued the vision of Maconochie in the form of Irish
ticket-of-leave. In 1876 parole was first introduced at Elmira Reformatory under Zebulon
Brockway. Although parole was used in United States in 1846 as a type of conditional release
but it was not popularized.

Massachusetts was the first state to officially establish parole service. Michigan State in
1867 introduces first the indeterminate sentencing through the influence of Brockway, as he was
the Superintendent of Detroit Houston of correction.

Parole consist of the suspension of the sentence of a convict after having served the
minimum of the sentence imposed without the granting of a pardon, prescribing the terms upon
which the sentence shall be suspended.

Parole restores gradual freedom to the prisoners and bridges the gap between the highly
controlled and regimented prison life to the free life in the community. This conditional release is
subject with conditions are violated by the parolee, he will be brought back to the prison to
several its remaining term.

Parole is being conducted through the process of casework under its classification
committee. The committee considers all record materials as to the service of sentence of the
convict, its conduct and relationship with the staff and other convicts.

Parole is the suspension of the sentence of a prisoner granted by the Parole Board after
serving the minimum penalty imposed by the court, subject to certain conditions. In case of
violation if any of the conditions, the parolee will be re-arrested and recommitted to serve the
portion of the original penalty.

PAROLE SYSTEM

The Board of Parole should be vested by law wide latitude of powers, which include the
following:

1. To set terms of parole.

2. To decide who shall be released on parole from among all inmates eligible.
3. To determine the date of release.
4. To decide revocation of actions.
5. To administer the agency responsible for parole supervision sometimes.

Tools in Selection

Three documents need to be prepared by the institutional staff to assist the paroling
authorities and the parole bureau their work with individual prisoners. They are:

1. the pre-board summary;

2. the parole referral summary of the classification committee
3. the final pre-release progress report.
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The Pre-Board Summary - This document is prepared by the institutional parole

officer. It a brief summary of the inmate's case, including his case history and the salient points,
which are considered necessary whether or not, parole is to be granted.

The Parole Referral Summary - this document is prepared by the prison's classification
committee for the use of the parole bureau. The purpose of this summary is to indicate to the
field (parole) workers what the staff of the prison considers to be essential for the best interest of
the parolees and the protection of the society. It contains an appraisal of the prisoner's personality
and his needs for adjustment upon return to society.

Pre-Release Progress Report - the institutional Classification Committee also prepares

this document. In this report, the professional contributions of the Reception-Guidance Center
and of the institution are brought together for greatest usefulness at pre-release. The pre-release
progress report is used by the Parole Board as guide in determining the prisoner's eligibility for
parole and in preparing his parole program. It outlines the treatment program of the parolee.
While the report contains certain suggestions on the prisoner's program during the remaining
weeks of his stay in prison, special emphasis is given to his program when he leaves the
institution in terms of success after release. The parole officers use it as reference and guide
when the inmate is brought in for personal appearance to formulate with the parole officer a
program for parole.

Parole Advisor

The parole advisor is primarily and essentially a volunteer worker. He works as an unpaid
parole officer, a non-professional counselor, adviser, first friend, and sponsor to the parolee.
When parole was newly introduced, the parolee was required to report to a sponsor known as
guardian who performed the functions of advisor and parole officer. The untrained, unpaid
volunteer workers of the Elmira days are now relegated to perform the role of parole advisers.

The parole system of the U.S. Federal Government has adopted the parole advisor
system. The policy of the Federal Parole administration is that the parolee must have some
citizens to serve voluntarily as his parole advisor. This requirement has been abolished in several
states and is now waived by the U.S. Board of Parole when a satisfactory advisor is not available,
in which case the probation officer is named parole advisor in addition to his duties as
supervising officer.

The parole advisor can be of great help to the parole service during the pre-release
planning. The advisor who may have known the prospective parolee intimately for some time
can help in the preparation of the parole program. The interest shown by the advisor on the
would-be parolee can be exploited and developed by the parole officer to a productive and
helpful service throughout the ensuing parole period.

Parole Violators and Detainers

There are two types of parole violators: commission of a new crime and violation of a
parole condition. In the first type, conviction of a new crime by the parole will automatically
cause recommitment of the parolee. If the parole is convicted but appeals his case in the higher
court, the parole officer will submit a report of said conviction and appeal to the Board of Parole
which will decide, after due investigation, on recommitting the parolee or not. If it is violation of
parole condition only, the Board of Parole shall conduct an investigation, giving careful
consideration on whether the act was willful, whether the safety of the public is involved, and
whether other disciplinary action than recommitment to prison might be sufficient.

Parole Boards are authorized to issue warrants for the arrest of alleged parole violators or
to issue notices to appear to answer charges where arrest is not necessary. Parole officers are
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authorized to arrest or cause the arrest without a warrant where immediate action is necessary
against the violator or one who is in danger of becoming a violator. The parole officer should
submit a written report of the violation to the parole board. Releases from the jail of alleged
violators should be on order of the parole board only.

OTHER FORMS OF EXECUTIVE CLEMENCY

AMNESTY

Amnesty is a general pardon extended to groups of persons and is generally exercised by

executive clemency with the concurrence of Congress. Usually the recipients of amnesty are
political offenders, although there are some exceptions. For example, President Truman issued
two proclamation granting amnesty to unnamed persons, one at the end of World War II in 1945
and another at the end of the Korean Conflict in 1952. In these cases, the persons have been
convicted of crimes against the United States but were pardoned by terms of proclamation for
having served in the armed forces for at least a year during the conflicts. Those who did so
received pardons without having to apply for them.

The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168, stated that the
“purpose of amnesty is to bring about the return of dissidents and recalcitrant elements of our
population to their homes and the resumption by them of their lawful pursuits, or occupations, as
loyal and law-abiding citizens, to accelerate the rehabilitation of the war-devastated country,
restore peace and order, and secure the welfare and happiness of the communities.”

Amnesty looks backward and abolishes and puts into oblivion the offense itself. It so
overlooks and obliterates the offense with which he is charged that the person released by
amnesty stands before the law as though he had committed no offense.

Amnesty is extended to convict as well as persons who have not yet been tried by the
court. Some of the proclamations of amnesty are as follows:

1. Proclamation No. 51 – This proclamation was issued by the late President

Manuel Roxas on January 28, 1948, granting amnesty to those who collaborated with
the enemy during World War II.

2. Proclamation No. 76 – This was issued by President Elpidio Quirino on June

21, 1948, extending amnesty to leaders of the Hukbolahap and Pambansang Kaisahan
ng mga Magbubukid (PKM). The amnesty applied to crimes of rebellion, sedition,
illegal association, assault, resistance and disobedience to persons in authority and
illegal possession of firearm.

3. Proclamation No. 51 – was issued in order to attain the following objectives:

To pardon those commited crimes against the security of the State who have changed
their hostile attitude towards the government and have voluntarily surrendered with
their arms and ammunitions. To get the dissidents back into the fold of law abiding
citizens. To gather the loose firearms.

COMMUTATION

Commutation is an act of clemency by which an executive act changes a heavier sentence to a

less serious one or a long term to a shorter term. It may alter death or life sentence to a term of
years. Commutation does not forgive the offender but merely reduces the penalty of life sentence
for a term of years.
Purposes of Commutation
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Some of the common uses of commutations are the following:

1. To break the rigidity of the law - Some penal laws are rigid and unusually cruel. For
example, a law making qualified theft, the stealing of young coconuts from trees, or fish
from the fishpond, or sugar cane from the sugar cane field. Qualified theft imposes an
unusually heavy penalty on the culprit, which is greatly misappropriated to the value of
article stolen. Even if the judge would want to impose a light penalty, he could not do so
because his hands are tied by the provision of the law. The sentence in this case may be
reduced by commutations of sentence.

2. To extend parole in cases where the parole law does not apply - Commutation enables the
recipient to be released on parole when his sentence does not allow him parole, like, for
example, when the sentence is determinate or life sentence, or when the prisoner is
serving two or more sentences. The sentence may be changed to an indeterminate
sentence by commutation to enable the recipient to receive parole after serving the
minimum of the sentence.

3. To save the life of a person sentenced to death - This is one of the most common uses of
commutation of sentence. In the Philippines, 95% of death penalty cases are commuted to
life imprisonment.
Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme Court, the condemned
man or the head of the prison system (Director of Prisons) may file a petition for commutation.
The prisoner is subjected to a social, psychological and psychiatric examination by the Staff of
the Reception Center. The inquiry will include the sociological history of the prisoner, his
criminal history, mental psychological capacities, work history, etc., the purpose of which is to
determine the degree of involvement in crime the prisoner is in, and to determine if he deserves
to be given a new lease in life. The petition is then forwarded to the Board of Pardons and
Parole, together with the reports of examinations of the reception and Diagnostic Center and the
recommendation of the Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will deliberate on a
recommendation after a careful study of the papers, including the reports of the Reception and
Diagnostic Center. It will them forward the petition, including its recommendation to the
President. The President will then act on the petition. In giving or denying commutation, the
President may not follow the recommendation of the Board of Pardons and Parole.

REPRIEVE

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.

Good Conduct-time Deductions

Conditional release is the statutory shortening of the maximum sentence the prisoners
serves because of good behavior while in prison. This is called “good conduct-time “and is given
by the law as motivation for good behavior while serving sentence in prison. Article 97, Revised
Penal Code, provides good conduct time allowance to all sentences under the following
schedules:
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“Good Conduct time allowance is automatically applied to reduce the sentence but may
be taken away from the prisoner if he fails to obey the rules and regulations of the prison.
However, good conduct time allowance may be remitted as a reward for exceptional services the
prisoner may render to the prison administration, or after the lapse of some time when the
prisoner has sufficiently demonstrated that he has reformed.

“If the prisoner does not forfeit his statutory good conduct time allowance through
misbehavior, he is released at time earned. He is released under supervision as if on parole and
subjected to all parole condition which, if violated, will result in the issuance of a warrant,
revocation of his release, and the requirement that he return to prison to serve the maximum
term.”
This form of conditional release is used in Federal, Kentucky, Kansas, North Carolina
and Wisconsin correctional institutions. The release of the prisoner is mandatory when the
accumulated time deducted from the sentence for good behavior and work credits makes it
mandatory to release the prisoner. The Board of Parole does not participate in the selection
process. This form of release does, however, enable the parole staff to provide supervision for a
period of time by which his release has been advanced for good behavior as though the offender
was on parole. The released prisoners are subject to the regulation and control of parole.

In the Philippines, the prisoner who is released from prison after serving his sentence less
the good conduct time allowance, is released without any condition and is considered to have
served his sentence in full.

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.