Information Sheet 3.

6-1

CHAPTER VI
THE PAROLE AND PROBATION ADMINISTRATION

A. WHAT IS PAROLE AND PROBATION ADMINISTRATION?

The Parole and Probation Administration (Filipino: Pangasiwaan ng Parol at
Probasyon), abbreviated as PPA, is an agency of the Philippine government under the Department
of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders
who are likely to respond to individualized community-based treatment programs.

B. FUNCTIONS
To carry out these goals, the Agency through its network of regional and field parole and probation
officers performs the following functions:
a. To administer the parole and probation system
b. To exercise supervision over parolees, pardonees and probationers
c. To promote the correction and rehabilitation of criminal offenders.

C. HISTORY AND THE CREATION OF PROBATION ADMINISTRATION

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 August 7, 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 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 endorsed the establishment of an Adult Probation System in the country.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was
signed into Law by the President of the Philippines.

Section 18 of PD 968. The Probation Administration. There is hereby created under

the Department of Justice an agency to 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.

The startup 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 United States 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. There are at present 204 field offices spread
all over the country, supervised by 15 regional offices.
 PAROLE AND PROBATION
ADMINISTRATION
PANGASIWAAN NG PAROL AT PROBASYON
Abbreviation PPA-DOJ

Seal of the Parole and Probation Administration

Agency
overview
Formed July 24, 1976
Legal Governmental: Government agency
personality
Jurisdictional structure
National Philippines
agency
General  Law enforcement
nature  Civilian agency
Operational structure
Headquarters DOJ Agencies Building, NIA Road cor. East Avenue, Diliman, Quezon
City
Agency Manuel G. Co, Administrator
executive
Parent agency Department of Justice

NOTA BENE: Under Executive Order no. 292, entitled “the Administrative Code of 1987”,
promulgated on November 23, 1989, the probation Administration was renamed as “Parole and
Probation Administration”. It was given the added function of supervising prisoners who, after
serving part of their sentence in jails are released on parole or are granted pardon with parole
conditions.

D. POWERS AND DUTIES OF OFFICERS OF PROBATION ADINISTRATOR

A. PROBATION ADMINISTRATOR
The Administration shall be headed by the Probation Administrator, hereinafter referred to as
the
Administrator.
It is appointed by the President of the Philippines. He shall hold office during good
behavior and shall not be removed except for cause. (Section 19 of PD 968:)

The following are the powers and Duties of Probation Administration under Section 19 of PD 968:
(a) Act as the executive officer of the Administration;
(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.
B. ASSISTANT PROBATION ADMINISTRATOR
Under Section 20 of PD 968 there shall be an Assistant Probation Administrator who shall assist
the
Administrator 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.

QUALIFICATIONS:
Under Section 21 of PD 968 to be eligible for Appointment as Administrator or Assistant
Probation
Administrator one must be:
1. At least 35 years old
2. Holder of a master degree in criminology, social work correction, penology, psychology,
sociology, public administration , laws, police science, police administration or relation field.
3. 5 years supervisory experience
4. Member of BAR with 7 years supervisory

C. REGIONAL OFFICE; REGIONAL PROBATION

OFFICER. Under Section 22 of PD 968 the Administration shall
have regional offices. Such regional offices shall be headed by a
Regional Probation Officer.
1. He shall exercise supervision and control over all probation officer within his jurisdiction and
such duties as may assigned to him by the Administrator.
2. He shall have an annual salary of at least 24,000 pesos.
The Regional Probation Officer shall be assisted by an Assistant Regional Probation Officer
with an annual salary of at least 20,000 pesos
N.B. Both were appointed by President of the Philippines upon the recommendation of the
Secretary of Justice.

D. PROVINCIAL AND CITY PROBATION OFFICERS.

Under Section 22 of PD 968 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 law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least 8,400.
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 of that of the probation aide on the terms and
conditions of their probations;
(c) Keep himself informed of the conduct and condition of probationers under his charge and use
all suitable methods to bring about an improvement in their conduct and conditions;
(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.

Qualifications of Regional, Assistant Regional, Provincial, and City Probation

Officers. (Section 25 of PD 968)
No person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer
unless:
1. He possesses at least a bachelor's degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, administration, or related fields
2. He has at least 3 years of experience in work requiring any of the abovementioned disciplines
or
3. A member of the Philippine Bar with at least 3 years of supervisory experience.

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.

E. MISCELLANEOUS POWERS UNDER SECTION 24 OF PD 968.

They 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 police
officer.

F. FIELD ASSISTANTS, SUBORDINATE PERSONNEL

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.

E. THE ORGANIZATION STRUCTUREOF PROBATION ADMINISTRATION

(See Appendices)
The Probation Administration was created by virtue of Presidential Decree No. 968, “The Probation
Law of 1976”, to administer the probation system. Under Executive Order No. 292, “The
Administrative Code of 1987” which was promulgated on November 23, 1989, the Probation
Administration was renamed “Parole and Probation Administration” and given the added function
of supervising prisoners who, after serving part of their sentence in jails are released on parole
pardon with parole conditions
Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs
Board, the Administration performs another additional function of investigating and supervising
first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
Probation Administration (EO no. 292 Paroles and Probation Administration) Line Bureau under the
DOJ

A. CENTRAL OFFICE
1. OFFICE OF THE ADMINISTRATOR – It acts as the head and the executive officer of
the
PPA.
a. Planning staff – Develops plans, programs and conducts, research towards economical,
efficient and effective operation and implementation of PD no. 968 as amended.
b. Technical services - It acts as service arm of the Board of Pardons and Parole in the
supervision of parolees and pardoness.

2. OFFICE OF THE DEPUTY ADMINISTRATOR - One deputy. Assist the

administrator and performs such duties as may be assigned by the administrator.

3. STAFF DIVISION
1. ADMINISTRATIVE DIVISION (AD) – It provides the administration with well-
planned,
directed and coordinated services relating to personnel, records, supplies and equipment,
disbursement, security and janitor/messengerial services and public information dissemination.
1. Personnel Section
2. Public Information Section
3. Records and Mailing Section
4. Cash Section
5. Property Section
6. General Services Section

2. FINANCIAL MANAGEMENT DIVISION (FMD) - It provides financial support to

all units of the agency and implements policies and procedure on financial management in
accordance with the government rules and regulations.
1. Accounting Section
2. Budget Section
3. Management Section

3. LEGAL AND INSPECTORATE DIVISION (LID) – It provides various units of the

administration with legal advice, prepares opinions on questions of law that may arise in the
implementation of P.D. no. 968 as amended.
1. Inspection and Investigation Section
2. Legal Counseling Section

4. TRAINING DIVISION (TD) - Develops, conducts, monitors and evaluates training

programs for improved job performance of the line and staff personnel of the agency, develops
modules for training of community volunteers, facilities and monitors attendance of officials and
employees in training programs sponsored by the other agencies/organizations.
1. Research Development Section
2. Material Preparation and A/V Section
3. Training Evaluation Section

5. COMMUNITY SERVICES DIVISION (CMSD) – Assist in the establishment/development

of facilities, programs and services for the rehabilitation of probationers/parolees/pardonees
utilizing community resources, provides technical and consultative services to operating units and
offices of the administration, screens and recommends for appointment of VPAs.
1. Community Programs Section
2. Volunteer services Section

6. CASE MANAGEMENT AND RECORDS DIVISION - It provides technical

services assistance to field officers in improving investigation procedures/supervision over
probationers and their services to the courts; conducts studies on caseloads, caseworks services and
procedures in case management, maintains central files of records of
petitioners/probationers/parolees/pardonees and establishes linkages with criminal justice pillars
for improvement of case load management.

7. CLINICAL SERVICES DIVISION (CSD) - Provides the administration with

effective diagnostic/evaluation and therapy/management of PPA employees and their dependents,
petitioner, probationers, parolees, pardonees which include psychiatric, medical, dental, and
psychological and social services.
1. Psychological Services Section
2. Social Services Section
3. Medical and Dental Section

B. REGIONAL OFFICES - Regional Probation and Parole Offices (Dir. II/ Regional Dir.)
- It exercise supervision and control over all provincial/city Parole and Probation offices within the
jurisdiction and performs such duties as may be assigned by the administrator.
- One Deputy (Dir. I/ Asst. Reg. Dir.)
- 15 Regional Office
C. PROVINCE/CITY OFFICE – It undertakes the investigation of petitioners for probation
referred by the courts for PSIRs; supervise probationers/parolees/pardoness and perform such
other duties as may be assigned by the administrator. CHIEF PPO ASSISTED BY:
- Senior Probation and Parole Officer (Sr. PPO)
- Probation and Parole Officer II (PPO II)
- Parole and Probation Officer I (PPO I)
- Clerk II

NOTA BENE: See Appendix for the Organizational Charts

PROBATION ADMINISTRATION – appointed by President - h\old office during good

behavior/ or shall not be remove without case.

Regional Probation Office- appointed by the President upon recommendation Secretary of DOJ.
It IS Assisted by Assistant Regional Probation Office

Provincial or City Probation and Parole Officer- at least one in each province or City
appointed by secretary of DOJ, upon recommendation of Probation Administration.

Requirement for Regional Probation Office, Assistant RPO, Provincial or City:

1. A bachelor degree major in social work, sociology, psychology, criminology, penology,
correction, police science, police administration or related field with 3 years supervisory experience.
2. member of the BAR with 3 years supervisory experience

PPA TITL
FORM E
NO.
1 Post-Sentence Investigation Work Sheet
2 Waiver-Cum-Authorization
3 Post-Sentence Investigation Report
5 Monthly Caseload Summary Reports
7 Request for Outside Travel
8 Violation Report
9 Probation Officers Final Report
10 Office Order
11 Payment Plan
14 General Inter-Office Referral
15 Case Classification
16 Supervision Treatment Plan
17 Supervision Case Notes
18 Attendance Monitoring Form of Clients
19 Termination Form
22 Arrival Report
23 Certificate of undertaking
24 Change of Residence
25 Pre-Parole/Pre-Executive Clemency Investigation
Report
26 Certificate of No Pending Case
30 Psychological/Clinical evaluation referral
32 Follow-up letter
33 Standard Cover Letter
42 Certificate of No Appeal
F. VISION, MISSION, MANDATE, GOALS AND ORGANIZATIONAL VALUES

I. VISION
A model component of the Philippine Correctional System that shall enhance the quality of life of its
clients through multi-disciplinary programs and resources, and efficient organization, and highly
professional and committed workforce in order to promote social justice and development.

II. MISSION
To rehabilitate probationers, parolees and pardonees and promote their development as integral
persons by utilizing innovative interventions and techniques which respect the dignity of man and
recognize his divine destiny.

III. MANDATE
The Parole and Probation Administration is mandated to conserve and/or redeem convicted
offenders and prisoners who are under the probation or parole system.

IV. GOALS
The Administration's programs sets to achieve the following goals:
a. Promote the reformation of criminal offenders and reduce the incidence of recidivism, and
b. Provide a cheaper alternative to the institutional confinement of first-time offenders who
are likely to respond to individualized, community-based treatment programs.

V. ORGANIZATIONAL VALUES (PPA)

A. PERFORMANCE - Efficient and effective accomplishment of task and targets,

beginning with individual officials and throughout all units in the organizational
hierarchy, linked coherently and progressively toward the agency Mission, Vision and
strategic works.
1. Teamwork - Working together to achieve shared goals
2. Resourcefulness and Innovativeness - Exploring resources with ingenuity
optimizing opportunities with creativity.

B. PROFESSIONALISM - High level of proficiency on the resulting from mastery

and conscientious application of appropriate knowledge and skills, honed by sound
judgment, self-discipline and unceasing striving for excellence, and founded on a code
of conduct that respects the dignity of clients and fellowmen.
1. Role modeling - Serving and inspiring by example.
2. Professional Existence - Achieving high standards for ethical and quality service
C. ACCOUNTABILITY - Inherent obligation of every official and employees to
answer employee to answer for decisions, actions and result within his/her authority,
including proper and effective utilization of resources is support of Agency policies and
programs with timely, complete and accurate disclosure in required report.
1. Responsibility - Achieving expectations, answering for results.
2. Honesty and Integrity - Being upright and transparent in transaction and relations.

G. MAJOR REHABILITATION PROGRAMS

A. RESTORATIVE JUSTICE (RJ) is a philosophy and a process whereby stakeholders in a

specific offense resolve collectively how to deal with the aftermath of the offense and its implications
for the future. It is a victim-centered response to crime that provides opportunity for those directly
affected by the crime - the victim, the offender, their families and the community - to be directly
involved in responding to the harm caused by the crime. Its ultimate objective is to restore the broken
relationships among stakeholders.
The Restorative Justice process provides a healing opportunity for affected parties to facilitate the
recovery of the concerned parties and allow them to move on with their lives.
B. The VOLUNTEER PROBATION AIDE (VPA) PROGRAM is a strategy by which the
Parole and Probation Administration may be able to generate maximum citizen participation or
community involvement. Citizens of good standing in the community may volunteer to assist the
probation and parole officers in the supervision of a number of probationers, parolees and
conditional pardonees in their respective communities. Since they reside in the same community as
the client, they are able to usher the reformation and rehabilitation of the clients hands-on.
In collaboration with the PPO, the VPA helps pave the way for the offender, victim and community
to each heal from the harm resulting from the crime done. They can initiate a circle of support for
clients and victims to prevent further crimes, thereby be participants in nation-building.

C. The THERAPEUTIC COMMUNITY (TC) is a self-help social learning treatment

model used in the rehabilitation of drug offenders and other clients with behavioral problems. TC
adheres to precepts of “right living” - Responsible Love and Concern; Truth and Honesty; the Here
and Now; Personal Responsibility for Destiny; Social Responsibility (brother’s keeper); Moral Code;
Work Ethics and Pride in Quality.
The Therapeutic Community (TC) is an environment that helps people get help while helping
themselves. It operates in a similar fashion to a functional family with a hierarchical structure of
older and younger members. Each member has a defined role and responsibilities for sustaining the
proper functioning of the TC. There are sets of rules and community norms that members commit to
live by and uphold upon entry. The primary “therapist” and teacher is the community itself,
consisting of peers, staff/probation and parole officers and even Volunteer Probation Aides (VPA),
who, as role models of successful personal change, serve as guides in the recovery process.
 Self Check 3.6-1

1. What is Parole & Probation Administration?

2. PD 968 is also known as what?

3. On what date the PD 968 was signed into law by the President of the Philippines.

4. True or False. To be eligible for appointment as Administrator or Assistant

Probation Administrator one must be a member of BAR with 3 years in supervisory.

5. True or False. To be eligible for appointment as Administrator or Assistant Probation

Administrator one must be a holder of a degree of criminology, social work, correction,
penology.
Answer Key 3.6-1

1. It is an agency of the Philippine government under the Department of Justice responsible for
providing a less costly alternative to imprisonment of first-time offenders who are likely to respond
to individualized community-based treatment programs.

2. Adult Probation Law of 1976

3. July 24, 1976

4. False

5. False
 Information Sheet 3.7-1

CHAPTER
VII PAROLE

A. WHAT IS PAROLE?

It is the provisional release of a prisoner who agrees to certain conditions prior to the completion of
the maximum sentence period. Originating from the French parole ("voice", "spoken words"),
the term became associated during the Middle Ages with the release of prisoners who gave their
word.
It is the process of suspending the sentence of a convict after having served the minimum of his
sentence without granting him pardon, and the prescribing term upon which the sentence shall be
suspended.
It is the release from imprisonment, but without full restoration of liberty, as parolee is in custody of
the law although not in confinement.

PRE-PAROLE
INVESTIGATION
The Administration has been authorized by the Board to conduct pre-parole investigation
of deserving city, provincial and national prisoner confined in the city and provincial jails,
the national penitentiary and penal colonies, whenever their best interests and that of
justice will be served thereby, and to submit reports of said investigation at least 60 days
before the expiration of the minimum sentences of the prisoners concerned.

B. HISTORY OF PAROLE
Parole comes from the French word parole, referring to "word" as in giving one's word of
honor or
promise. It has come to mean an inmate's promise to conduct him or herself in a law-abiding
manner and according to certain rules in exchange for release. In penal philosophy, parole is part of
the general 19th-century trend in criminology from punishment to reformation. Chief credit for
developing the early parole system is usually given to Alexander Maconochie, who was in charge of
the English penal colony at Norfolk Island, 1,000 miles off the coast of Australia, and to Sir Walter
Crofton, who directed Ireland's prisons (Cromwell and del Carmen 1999).
Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced
the
modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies
in Norfolk Island, Australia. He developed a plan to prepare them for eventual return to society that
involved three grades. The first two consisted of promotions earned through good behaviour, labour,
and study. The third grade in the system involved conditional liberty outside of prison while obeying
rules. A violation would return them to prison and starting all over again through the ranks of the
three grade process
Maconochie criticized definite prison terms and developed a system of rewards for good conduct,
labor and study. Through a classification procedure he called the mark system, prisoners could
progress through stages of increasing responsibility and ultimately gain freedom. In 1840, he was
given an opportunity to apply these principles as superintendent of the Norfolk Island penal
settlement in the South Pacific. Under his direction, task accomplishment, not time served, was the
criterion for release. Marks of commendation were given to prisoners who performed their tasks
well, and they were released from the penal colony as they demonstrated willingness to accept
society's rules. Returning to England in 1844 to campaign for penal reform, Maconochie tried to
implement his reforms when he was appointed governor of the new Birmingham Prison in 1849.
However, he was unable to institute his reforms there because he was dismissed from his position in
1851 on the grounds that his methods were too lenient (Clear and Cole 1997).
Alexander Maconochie
He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who
introduced the Mark System that became the blueprint of modern day parole. He is
considered as the father of modern penology.

Mark System
A progressive humane system in which a prisoner is required to earn a number of marks
based on proper department, labor and study in order to entitle him for ticket for leave or
conditional release which is similar to parole.

Walter Crofton attempted to implement Maconichie's mark system when he became the
administrator of the Irish Prison System in 1854. Crofton felt that prison programs should be directed
more toward reformation, and that "tickets-of-leave" should be awarded to prisoners who had shown
definitive achievement and positive attitude change. After a period of strict imprisonment, Crofton
began transferring offenders to "intermediate prisons" where they could accumulate marks based on
work performance, behavior and educational improvement. Eventually they would be given tickets- of-
leave and released on parole supervision. Parolees were required to submit monthly reports to the
police, and a police inspector helped them find jobs and generally oversaw their activities. The
concepts of intermediate prisons, assistance and supervision after release were Crofton's
contributions to the modern system of parole (Clear and Cole 1997).
By 1865, American penal reformers were well aware of the reforms achieved in the European prison
systems, particularly in the Irish system. At the Cincinnati meeting of the National Prison
Association in 1870, a paper by Crofton was read, and specific references to the Irish system were
incorporated into the Declaration of Principles, along with other such reforms as indeterminate
sentencing and classification for release based on a mark system. Because of Crofton's experiment,
many Americans referred to parole as the Irish system (Walker 1998).

Walter Crofton
He is the director of the Irish Prison in 1854 who introduced the Irish system that was
modified from the Macanochie’s mark system.

Zebulon Brockway, a Michigan penologist, is given credit for implementing the first parole
system in the U.S. He proposed a two-pronged strategy for managing prison populations and
preparing inmates for release: indeterminate sentencing coupled with parole supervision. He was
given a chance to put his proposal into practice in 1876 when he was appointed superintendent at a
new youth reformatory, the Elmira Reformatory in New York. He instituted a system of
indeterminacy and parole release, and is commonly credited as the father of both in the United
States. His ideas reflected the tenor of the times - a belief that criminals could be reformed, and that
every prisoner's treatment should be individualized.

Zebulon Brockway
First Superintendent of Elmira Reformatory in New York
He introduced training school type, education for prisoners, solitary confinement for night
and congregate workshop were adopted, extensive use of parole and indeterminate
sentence.

The Elmira Reformatory (1876 in Elmira, NY)

First reformatory and considered as the forerunner of modern penology because it had all
the elements of a modern system.
On being admitted to Elmira, each inmate (males between the ages of sixteen and thirty) was placed
in the second grade of classification. Six months of good conduct meant promotion to the first grade
- misbehavior could result in being placed in the third grade, from which the inmate would have to
work his way back up. Continued good behavior in the first grade resulted in release. Paroled
inmates remained under the jurisdiction of authorities for an additional six months, during which
the parolee was required to report on the first day of every month to his appointed volunteer
guardian (from which parole officers evolved) and provide an account of his situation and conduct
(Abadinsky 1997). Written reports became required and were submitted to the institute after being
signed by the parolee's employer and guardian.

Indeterminate sentencing and parole spread rapidly through the United States. In 1907, New York
became the first state to formally adopt all the components of a parole system: indeterminate
sentences, a system for granting release, post-release supervision and specific criteria for parole
violation. By 1927, only three states (Florida, Mississippi and Virginia) were without a parole system,
and by 1942, all states and the federal government had such systems (Clear and Cole 1997).

This differs from amnesty or commutation of sentence in that parolees are still considered to be
serving their sentences, and may be returned to prison if they violate the conditions of their parole. A
specific type of parole is medical parole or compassionate release which is the release of prisoners
on medical or humanitarian grounds. Conditions of parole often include things such as obeying the law,
refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining
employment, and maintaining required contacts with a parole officer. Some justice systems, such as
the United States federal system, place defendants on supervised release after serving their entire
prison sentence; this is not the same as parole. In Colorado, parole is an additional punishment after
the entire prison sentence is served - it is called 'mandatory parole'.

CREATION OF PAROLE SYSTEM IN THE PHILIPPINES:

It came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225, otherwise
known as the Indeterminate Sentence Law, which took effect on Dec. 5, 1933. Board of Pardons and
Parole – administers the Parole system of the country

C. DISTINCTION BETWEEN PAROLE & PROBATION

These two concepts are sometimes used interchangeably, but there are substantial differences
between the two. Parole is a conditional release from actual confinement under sentence of
imprisonment, contingent upon future conduct with respect to terms of parole, and the parolee is
subject to future confinement for the un-served portion of sentence in the event he violates
provisions of parole. While probation relates to action taken before prison door is closed, and before
final conviction, parole relates to action taken after the prison door has been closed, and partakes of
the nature of pardon, for it suspends execution of penalty already imposed.
An order placing a defendant on probation is not a final judgment, but is rather an "interlocutory
judgment" in the nature of a conditional order placing the defendant under the supervision of the
court for his reformation, to be followed by a final judgment of discharge, if the conditions of
probation are complied with, or by a final judgment of sentence if the conditions are violated.

The following are the other distinction:

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

Granted to a prisoner only after he has Granted to an offender immediately after

serve the minimum of his sentence. conviction.
 It is an extension of institutional. It is a It is substitute for
conditional release of a prisoner whereby imprisonment.
he is placed under the supervision of a Probation is an alternative to
Parole Officer after serving his minimum imprisonment. Instead of being confined in
sentence. prison, the probationer is released to the
community by the court with conditions to
follow and is placed under the supervision
of PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by parole officer Probationer supervise by probation officer

Parole is administered by the Parole Probation is handled by the Probation

Board. Administration
Parole does not restores full civil rights Probation is more beneficent because it
to parolee restores full civil rights to the probationer
upon termination unlike parole.

It is granted more than once, Probation is enjoyed only once

depending on good behavior during
imprisonment
Probation is a community-based Convict must serve the minimum of his
approach to reformation of offenders. sentence before the grant.

D. DIFFERENCE BETWEEN PAROLE AND MANDATORY SUPERVISION

"Mandatory Supervision," is a practice whereby an inmate is released prior to the completion of
their
sentence due to legal technicalities which oblige the offender justice system to free them. In some
states such as Texas, inmates are compensated with "good time," which is counted towards time
served. For example, if an inmate served five years of a ten year prison term, and also had five years
of "good time," they will have completed their sentence "on paper," obliging the state to release them
unless deemed a threat to society in writing by the parole board. Where parole is granted or denied at
the discretion of a parole board, mandatory supervision does not involve a decision making process:
one either qualifies for it or does not. Mandatory supervision tends to involve stipulations that are
more lenient than those of parole, and in some cases place no obligations at all on the individual
being released.

E. ADVANTAGES AND DISADVANTAGES OF PAROLE

A. ADVANTAGES OF PAROLE
Parole is the release of a prisoner who agrees to certain conditions upon being released. An
advantage of parole is that it can be used to award prisoners for good behavior during their
sentence.

One of the other advantages is the economy factors. Releasing prisoners on parole can force
them to get a job and no longer be a ward of the state. The money from the prisoner’s job will then
pay for state taxes and further help out the government.

Another advantage is the thought of parole can cause prisoners to serve their sentence peacefully
until they reach the point where they can be granted parole. This may lessen the amount of prison
fights and altercations with the guards.
Parole is the early release of convicts from prison, prior to the completion of their given sentence.
Parole is issued based on good behavior or the parole board's determination that the convict has been
sufficiently reformed to re-enter society. Therein lies its foremost advantage: the provision of
fresh opportunity and the chance to start anew for criminals. It is also advantageous
to the public to reduce the number of people incarcerated, which can cost tens of thousands prisoner
per year. Furthermore, reducing incarceration rates is conducive to a free, democratic society.

B. DISADVANTAGE OF PAROLE
Parole involves the risk that the parolee may become a repeat offender (known as recidivism in the
criminal justice field). It also involves the risk that he won't, in fact, be able to survive on his own
upon release, and will fall victim to chronic unemployment, homelessness, social maladjustment or
substance abuse. Another disadvantage of parole is that it frequently involves the continuation of
involvement by the criminal justice system (at a financial cost to the public and to the detriment of
individual liberty) in the parolee's life, because parole is often accompanied by monitoring for a
certain period thereafter.

F. PRISONERS QUALIFIED AND DISQUALIFIES FOR PAROLE

A. PRISONERS QUALIFIED
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible for the grant of
parole upon showing that –
a. He is confined in a jail or prison to serve an indeterminate prison sentence, the maximum
period of which exceeds one year, pursuant to a final judgment of conviction; and that
b. He has served the minimum period of said sentence less the good conduct time allowances
(GCTA) earned.
c. There is a reasonable probability that if released, he will become law-abiding; and
d. His release will not be incompatible with the interests and welfare of society.

"RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE CASE - AN INMATE'S CASE

MAY BE ELIGIBLE FOR REVIEW BY THE BOARD PROVIDED:

1. Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1)
year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate's conviction is final and executor;
4. In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and carpetas/jackets at the same time.
5. Inmate has no pending criminal case; and
6. Inmate is serving sentence in the national penitentiary, unless the confinement of
said inmate in a municipal, city, district or provincial jail is justified.

G. PRISONERS DISQUALIFIED FOR PAROLE: (Section 2, Act no. 4103)

1. Those persons convicted of offenses punished with reclusion perpetua;
2. Those convicted of treason, conspiracy or proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those who evaded sentence;
7. Those who were granted conditional pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed 1 year or are with a definite
sentence;
9. Those suffering from any mental disorder as certified by a psychiatric report of the bureau of
correction or national center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an offense committed while serving sentence.
12. Those convicted of offenses punished with reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of Republic Act No. 9346 enacted on June 24, 2006,
amending Republic Act No. 7659 dated January 1, 2004; and
13. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."

H. BOARD OF PARDONS AND PAROLE

The Board of Pardons and Parole, created by virtue of Act No. 4103 (1933) known as the
Indeterminate Sentence Law, is an agency under the Department of Justice (DOJ) tasked to uplift
and redeem valuable human resources to economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty by way of parole or through executive clemency.

The Board undertakes the following:

1. Looks into the physical, mental and moral records of prisoners who are eligible for parole or
any form of executive clemency and determines the proper time of release of such prisoners on
parole;
2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon
with parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive clemency
to prisoners other than those entitled to parole.

The Board of Pardons and Parole administers the Parole system of the country.

A. COMPOSITION OF THE BOARDS OF PARDON AND

PAROLE Chairman - Secretary of the DOJ

Ex-Officio - Probation Administrator of the Parole and Probation Administrator
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
3. Person qualified for the work by training/experience and a member of the Philippine BAR.

B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE OF 1987;

[BOOK IV/TITLE III/CHAPTER 6-BOARD OF PARDONS AND PAROLE]

CHAPTER 6
Board of Pardons and
Parole

SECTION 17. Board of Pardons and Parole.—The Board of Pardons and Parole shall continue to
discharge the powers and functions as provided in existing law and such additional functions as may
be provided by law.

SECTION 18. Board Composition.—The Board shall be composed of the Secretary as Chairman
and six (6) members consisting of: The Administrator of the Parole and Probation Administration as
ex- officio member, a sociologist, a clergyman, an educator, a person with training and experience in
correction work, and a member of the Philippine Bar; Provided, that one of them is a woman. The
members of the Board shall be appointed by the President upon the recommendation of the
Secretary and shall hold office for a term of six (6) years, without prejudice to reappointment.

In case of vacancy by reason of death, incapacity, resignation or removal of any of the Board
members, the Secretary shall have the authority to designate a temporary member possessing the
qualifications of his predecessor and to serve out his unexpired term or until the President shall
have appointed a regular member to fill the vacancy.

SECTION 19. Executive Director and Board Secretary; Support Staff.—In the performance of his
duties as Chairman of the Board of Pardons and Parole, the Secretary shall be assisted by a staff
headed by the Executive Director who is at the same time the Secretary of the Board. The Executive
Director shall be appointed by the President upon the recommendation of the Secretary. The
Executive Director shall receive a monthly salary of thirteen thousand five hundred pesos.

The Board Secretary shall prepare and keep the minutes of all the board sessions in a book of
records kept for the purpose, as well as all the resolutions and recommendations of the Board on all
actions involving parole, pardons and executive clemency to the President; authenticate and/or
attest all minutes, resolutions and recommendations of the Board; prepare and serve all notices of
board meetings or sessions to the members of the Board; prepare an annual report of all resolutions
and recommendations for parole or executive clemency and other reports that the Department may
require. He shall also perform such other functions as the Board may from time to time assign to
him.

SECTION 20. Board Meetings.—The Board shall meet regularly every week, or as the Board
may direct, or upon call by the Chairman/Secretary. The members shall act only as a Board, and
every decision of the majority shall be valid as an act of the Board provided, that the Board may
direct a Board member to prepare and submit a report involving any application for parole, pardon
or any request for executive clemency for appropriate action by the Board.

SECTION 21. Board Rules and Regulations.—The Board is hereby authorized to establish and
prescribe, subject to the approval of the Secretary, rules and regulations to govern the proceedings
of the Board.

SECTION 22. Indeterminate Sentence Law.—The provisions of Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended, shall continue to apply except as otherwise amended,
modified or repealed by this Code.

I. ACT NO. 4103 - AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE

AND PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE
COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF
INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR
OTHER PURPOSES.

SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal
Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending circumstances, could be
properly imposed under the rules of the said Code, and the minimum which shall be within the
range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is
punished by any other law, the court shall sentence the accused to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not
be less than the minimum term prescribed by the same. (As amended by Act No. 4225.)

SECTION 2. This Act shall not apply to persons convicted of offenses punished with death penalty or
life-imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to
those who are habitual delinquents; to those who have escaped from confinement or evaded
sentence; to those who having been granted conditional pardon by the Chief Executive shall have
violated the terms thereof; to those whose maximum term of imprisonment does not exceed one
year, not to those already sentenced by final judgment at the time of approval of this Act, except as
provided in Section 5 hereof. (As amended by Act No. 4225.)
SECTION 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary
of Justice who shall be its Chairman, and four members to be appointed by the President, with the
consent of the Commission on Appointments who shall hold office for a term of SIX
YEARS:
Provided, That one member of the board shall be a trained SOCIOLOGIST, one
a CLERGYMAN or EDUCATOR, one PSYCHIATRIST unless a trained psychiatrist
be employed by the board, and the other members shall be PERSONS
QUALIFIED FOR SUCH WORK BY TRAINING AND EXPERIENCE. At least one
member of the board shall be a WOMAN. Of the members of the
present board, two shall be designated by the President to continue until December thirty, nineteen
hundred and sixty-six and the other two shall continue until December thirty, nineteen hundred and
sixty-nine. In case of any vacancy in the membership of the Board, a successor may be appointed to
serve only for the unexpired portion of the term of the respective members. (As amended by
Republic Act No. 4203, June 19, 1965.)

FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS AND PAROLE

SECTION 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as
may be necessary for carrying out its functions and duties. The Board is empowered to call upon any
bureau, office, branch, subdivision, agency or instrumentality of the Government for such assistance
as it may need in connection with the performance of its functions. A majority of all the members
shall constitute a quorum and a majority vote shall be necessary to arrive at a decision. Any dissent
from the majority opinion shall be reduced to writing and filed with the records of the proceedings.
Each member of the Board, including the Chairman and the Executive Officer, shall be entitled to
receive as compensation fifty pesos for each meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the Revised Administrative Code, and in
addition thereto, reimbursement of actual and necessary travelling expenses incurred in the
performance of duties: Provided, however, That the Board meetings will not be more than three
times a week. (As amended by Republic Act No. 4203, June 19, 1965.)

SECTION 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical,
mental and moral record of the prisoners who shall be eligible to parole and to determine the
proper time of release of such prisoners. Whenever any prisoner shall have served the minimum
penalty imposed on him, and it shall appear to the Board of Indeterminate Sentence, from the
reports of the prisoner’s work and conduct which may be received in accordance with the rules and
regulations prescribed, and from the study and investigation made by the Board itself, that such
prisoner is fitted by his training for release, that there is a reasonable probability that such prisoner
will live and remain at liberty without violating the law, and that such release will not be
incompatible with the welfare of society, said Board of Indeterminate Sentence may, in its
discretion, and in accordance with the rules and regulations adopted hereunder, authorize the
release of such prisoner on parole, upon such terms and conditions as are herein prescribed and as
may be prescribed by the Board. The said Board of Indeterminate Sentence shall also examine the
records and status of prisoners who shall have been convicted of any offense other than those
named in Section 2 hereof, and have been sentenced for more than one year by final judgment prior
to the date on which this Act shall take effect, and shall make recommendation in all such cases to
the Governor-General with regard to the parole of such prisoners as they shall deem qualified for
parole as herein provided, after they shall have served a period of imprisonment not less than the
minimum period for which they might have been sentenced under this Act for the same offense.

SECTION 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such
times and in such manner as may be required by the conditions of his parole, as may be designated
by the said Board for such purpose, report personally to such government officials or other parole
officers hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum sentence imposed upon him or until final
release and discharge by the Board of Indeterminate Sentence as herein provided. The officials so
designated shall keep such records and make such reports and perform such other duties hereunder
as may be required by said Board. The limits of residence of such paroled prisoner during his parole
may be fixed and from time to time changed by the said Board in its discretion. If during the period
of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not
violate 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 entitle him to final release and discharge.

SECTION 7. The Board shall file with the court which passed judgment on the case, and with the
Chief of Constabulary, a certified copy of each order of conditional or final release and discharge
issued in accordance with the provisions of the next preceding two sections.

SECTION 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period
of surveillance, violate any of the conditions of his parole, the Board of Indeterminate Sentence may
issue an order for his re-arrest which may be 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 to prison, unless the Board of
Indeterminate Sentence shall, in its discretion, grant a new parole to the said prisoner. (As amended
by Act No. 4225.)

SECTION 9. Nothing in this Act shall be construed to impair or interfere with the powers of the
Governor-General as set forth in Section 64(i) of the Revised Administrative Code or the Act of
Congress approved August 29, 1916 entitled “An Act to declare the purpose of the people of the
United States as to the future political status of the people of the Philippine Islands, and to provide a
more autonomous government for those Islands.”

SECTION 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to
receive the benefits provided in Section 1751 of the Revised Administrative Code.

Effective on December 5, 1933.

INDETERMINATE SENTENCE LAW PRIMER- Instead of imposing a “straight” penalty, the

court must determine two penalties (maximum and minimum)

I. PURPOSE: To uplift and redeem valuable human material, and prevent unnecessary and
excessive deprivation of liberty and economic usefulness. Penalties shall not be standardized but
fitted as far as is possible to the individual, with due regard to the imperative necessity of protecting
the social order (People v. Ducosin, 59 Phil 109).
II. COVERAGE
A. GENERAL RULE: All persons convicted of certain crimes under Philippine courts
B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons
1. Convicted of offense punishable with death penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or violated the terms of a conditional pardon
8. Persons already sentenced by final judgment at the time this Act was approved (Dec. 5, 1933)
III. APPLICATION
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX (IMPOSABLE)
1. Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary
mitigating circumstances (MC) under Art. 64 and for complex crimes under Art. 48
a. No AC or MC: Penalty PRESCRIBED medium period
b. 1 AC, no MC: Penalty PRESCRIBED maximum period
c. No AC, 1 MC: Penalty PRESCRIBED minimum period
d. Several ACs and MCs: OFFSET then apply rules to remainder
e. No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
f. If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is a necessary
means for committing the other): Penalty for the MOST SERIOUS CRIME maximum period

2. Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed
by the RPC, without regard to its three periods. The court has discretion to fix as the minimum term
any period of imprisonment within that penalty next lower to the penalty prescribed.

EXCEPTION: WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT

follow the
aforementioned rule. Consider the privileged mitigating circumstance FIRST before any
AC or MC to get the PENALTY PRESCRIBED and then proceed as required by the rule
on deriving the minimum term. Otherwise, the maximum of the ISL will end up being
lower than the minimum of the ISL.

B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)
1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by
the special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed
by the special law
2.

J. IMPLEMENTING RULES AND REGULATION ON PAROLE AND PARDON –

Nov. 26, 2002

Pursuant to the provisions of Section 4 of Act No. 4103, "The Indeterminate Sentence Law", as
amended, the following Rules and Regulations are hereby promulgated to govern the actions and
proceedings of the Board of Pardons and Parole:

[Link] PROVISIONS
SEC. 1. Policy Objectives - Under the provisions of Act No. 4103, as amended, otherwise known
as
the "Indeterminate Sentence Law", which was approved on December 5, 1933, it is the function of the
Board of Pardons and Parole to uplift and redeem valuable human material to economic usefulness
and to prevent unnecessary and excessive deprivation of personal liberty by way of parole or
through executive clemency. Towards this end, the Board undertakes the following:
1. Looks into the physical, mental and moral records of prisoners who are eligible for parole or
any form of executive clemency and determines the proper time of release of such prisoners on
parole;
2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon
with parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive clemency
to prisoners other than those entitled to parole.

SEC. 2. Definition of Terms - As used in these Rules, unless the context indicates otherwise-
e. "Board" refers to the Board of Pardons and Parole;
f. "Executive Director" refers to the Executive Director/Secretary of the Board;
g. "Administration" refers to the Parole and Probation Administration;
a. "Administrator" refers to the Administrator of the Parole and Probation Administration;
b. "Regional Director" refers to the Head of the Parole and Probation Administration
in the region;
c. "Probation and Parole Officer" refers to the Probation and Parole Officer
undertaking the supervision of the client;
d. "Director" refers to the Director of the Bureau of Corrections;
e. "Penal Superintendent" refers to the Officer-In-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the prison and penal farms of the Bureau of Corrections;
f. "Warden"refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail;
g. "Carpeta" refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutor's information and the
decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of
detention and other pertinent documents of the case;
h. "Prison Record" refers to information concerning an inmate's personal circumstances, the
offense he committed, the sentence imposed, the criminal case number in the trial and appellate
courts, the date he commenced serving his sentence, the date he was received for confinement, the
place of confinement, the date of expiration of the sentence, the number of previous convictions, if
any, and his behavior or conduct while in prison;
i. "Parole" refers to the conditional release of an offender from a correctional institution after he
has served the minimum of his prison sentence;
j. "Executive Clemency" refers to Reprieve, Absolute Pardon, Conditional Pardon with or
without Parole Conditions and Commutation of Sentence as may be granted by the President of the
Philippines;
k. "Reprieve" refers to the deferment of the implementation of the sentence for an interval of
time; it does not annul the sentence but merely postpones or suspends its execution;
l. "Commutation of Sentence" refers to the reduction of the duration of a prison sentence of
a prisoner;
m. "Conditional Pardon" refers to the exemption of an individual, within certain limits or
conditions, from the punishment which the law inflicts for the offense he had committed resulting in
the partial extinction of his criminal liability;
n. "Absolute Pardon" refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition. It restores to the individual his civil and political rights
and remits the penalty imposed for the particular offense of which he was convicted;
o. "Petitioner" refers to the prisoner who applies for the grant of executive clemency or parole;
p. "Parolee" refers to a prisoner who is released on parole;
q. "Pardonee" refers to a prisoner who is released on conditional pardon;
r. "Client" refers to a parolee/pardonee who is placed under supervision of a Probation and
Parole Officer;
s. "Release Document" refers to the Conditional Pardon/Absolute Pardon issued by the
President of the Philippines to a prisoner or to the "Discharge on Parole" issued by the Board;
t. "Parole Supervision" refers to the supervision/surveillance by a Probation and Parole Officer
of a parolee/pardonee;
u. "Summary Report" refers to the final report submitted by the Probation and Parole Officer on
his supervision of a parolee/pardonee as basis for the latter's final release and discharge;
v. "Progress Report" refers to the report submitted by the Probation and Parole Officer on the
conduct of the parolee/pardonee while under supervision;
w. "Infraction Report" refers to the report submitted by the Probation and Parole Officer on
violations committed by a parolee/pardonee of the conditions of his release on parole or conditional
pardon while under supervision.

SEC. 3. National Prisoner Confined in a Local Jail - The Board may not consider the
release on pardon/parole of a national prisoner who is serving sentence in a municipal, city, district
or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the
prisoner's control.
A national prisoner, for purposes of these rules, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine of more than five thousand pesos (Php.
5,000); or regardless of the length of sentence imposed by the court, to one sentenced for violation
of the customs law or other laws within the jurisdiction of the bureau of customs or enforceable by
it, or to
one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the period of
three (3) years.

IS NATIONAL PRISONER CONFINED IN A LOCAL JAIL CAN BE RELEASE ON

PARDON/PAROLE?
No, unless his confinement in said jail is in good faith or due to circumstances beyond the
prisoner's control.
WHO ARE NATIONAL PRISONERS UNDER THE RULES?
The following are the National Prisoners:
1. Those WHO IS SENTENCED TO A MAXIMUM TERM OF
IMPRISONMENT OF MORE THAN THREE (3) YEARS or to a fine of more than
five thousand pesos (Php. 5,000);
2. Those who SENTENCED FOR VIOLATION OF THE CUSTOMS LAW
OR OTHER LAWS WITHIN THE JURISDICTION OF THE BUREAU OF
CUSTOMS or enforceable by it, regardless of the length of sentence imposed by the Court;
and
3. Those one sentenced to serve two (2) or more prison sentences in the aggregate
exceeding the period of three (3) years.

SEC. 4. Scope of Authority - The Board may consider the case of a prisoner for executive
clemency or parole only after his case has become final and executory. It will not take action on the
petition of a prisoner who has a pending criminal case in court or when his case is on appeal.

In case the prisoner has one or more co-accused who had been convicted, the Director/Warden
concerned shall forward their prison records and carpetas at the same time.

[Link] FOR EXECUTIVE CLEMENCY/PAROLE

SEC. 5. Filing of Petition - A formal petition for executive clemency addressed as follows shall be
submitted to the Board before the question of said clemency will be considered:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.

SEC. 6. Contents of Petition - A petition for parole/executive clemency shall state the name
of the prisoner, his age, previous criminal record, if any, whether a Filipino citizen or an alien and, if
a naturalized Filipino, his former nationality and date of naturalization, his previous occupation,
place of residence, present crime for which he was convicted, the trial/appellate court, his penalty of
imprisonment, fine, indemnity and the commencing date thereof, the jail or prison to which he was
committed and/or where he is presently confined, the date he was received for confinement, the
grounds upon which executive clemency is being asked and certification from the trial court that his
case is not on appeal.

In addition to the above-mentioned data, a petition for absolute pardon shall be under oath and shall
include the date the petitioner was released from prison after service of sentence or released on
parole/pardon or terminated from probation.
SEC. 7. Supporting Documents of Petition for Absolute Pardon - The petition for
absolute pardon shall be accompanied by -
a. the affidavits of at least two (2) responsible members of the community where the petitioner
resides. The affidavits shall, among others, state that the petitioner has conducted himself in a moral
and law-abiding manner since his release from prison and shall indicate the petitioner's occupation
and his social activities including religious involvement;
b. the clearances from the National Bureau of Investigation, the Philippine National Police, the
Prosecutor's Office, the Municipal Circuit Trial Court, the Municipal Trial Court, the Municipal Trial
Court in Cities, the Metropolitan Trial Court and the Regional Trial Court where petitioner resides;
c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from the
City/Municipal Treasurer or Probation and Parole Officer on his financial condition; and,
d. proof of service of sentence or certificate of Final Release and Discharge or court's
Termination Order of probation.

SEC. 8. Referral of Petition for Absolute Pardon to a Probation and Parole

Officer - Upon
receipt of a petition for absolute pardon, the Board shall refer the petition to a Probation and
Parole Officer who shall conduct an investigation on the conduct and activities, as well as the
social and economic conditions, of the petitioner prior to his conviction and since his release
from prison and submit a report thereof within fifteen (15) days from receipt of the referral.

SEC. 9. Referral of Petition for Executive Clemency/Parole to Other

Government Agencies - A petition for executive clemency shall be referred by the Board to
the Secretary of National Defense for comment and recommendation if the crime committed by
the petitioner is against national security or public order or law of nations. In case of violation of
election laws, rules and regulations, a petition for executive clemency/parole shall be referred to
the Commission on Elections for favorable recommendation, provided, however, that regardless
of the crime committed, a petition for executive clemency/parole may be referred for a pre-
parole/executive clemency investigation to a Probation and Parole Officer who shall submit a
report on the behaviour, character antecedents, mental and physical condition of the petitioner
within thirty
(30) days from receipt of referral, to include the results of the National Bureau of Investigation
records check.
In case of an alien, the petition shall be referred to the Department of Foreign Affairs for
comment and recommendation.
III. EXECUTIVE CLEMENCY
SEC. 10. Review of Cases for Executive Clemency - Petitions for executive clemency
may be reviewed if the prisoners meet the following minimum requirements :
A. For Commutation of Sentence -
1. The prisoner shall have served at least one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or the aggregate minimum of his indeterminate and/or
definite sentences.
2. At least ten (10) years for prisoners sentenced to reclusion perpetua or life
imprisonment for crimes or offenses committed before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were adjusted to a definite
prison term of forty (40) years in accordance with the provisions of article 70 of the revised penal
code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in
republic act no. 7659 and other special laws committed on or after January 1, 1994 and
sentenced to one or more reclusion perpetua or life imprisonment
5. At least twenty (20) years in case of one (1) or more death penalty/penalties, which
was/were automatically reduced or commuted to one (1) or more reclusion perpetua or life
imprisonment;
B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the
minimum of his original indeterminate and/or definite sentence. However, in the case of a
prisoner who is convicted of a heinous crime as defined in Republic Act No. 7659 and other
special laws, he shall have served at least one-half (1/2) of the maximum of his original
indeterminate sentence before his case may be reviewed for conditional pardon.
C. For Absolute Pardon, after he has served his maximum sentence or granted final release
and discharge or court termination of probation. However, the Board may consider a petition for
absolute pardon even before the grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an
appointive/elective public position or reinstatement in the government service; (2) needs
medical treatment abroad which is not available locally; (3) will take any government
examination; or (4) is emigrating.

SEC. 11. Prisoners not Eligible for Executive Clemency - Prisoners who escaped or
evaded service of sentence are not eligible for executive clemency for a period of one (1) year
from the date of their last recommitment to prison or conviction for evasion of service of sentence.

SEC. 12. Transmittal of Carpeta and Prison Record - In executive

clemency/parole cases, the Director or Warden concerned shall forward the prison record and
carpeta of a petitioner at least one (1) month prior to the eligibility for review as specified in
Sections 10 and 13 of these Rules.

The Director or Warden concerned shall also furnish the Board and the Administration on or
before the fifth day of every month, a list of prisoners whose minimum sentences will expire
within ninety (90) days and those who may be considered for executive clemency.
IV. PAROLE
SEC. 13. Review of Cases for Parole - Unless otherwise disqualified under Section l5
of these
Rules, a case for parole of a prisoner shall be reviewed upon a showing that he is confined in
prison or jail to serve an indeterminate sentence, the maximum period of which exceeds one (1)
year, pursuant to a final judgment of conviction and that he has served the minimum period of
said sentence.

SEC. 14. Grant of Parole - A prisoner may be granted parole whenever the Board finds
that there is a reasonable probability that if released, he will be law-abiding and that his release
will not be incompatible with the interest and welfare of
society.

SEC. 15. Disqualification for Parole - The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a period of ten (10) 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 any of said crimes a third time
or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with
definite sentence;
i. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.

SEC. 16. Deferment of Parole When Safety of Prisoner/Victim/Relatives of

Victim/Witness Compromised - If, based on the Pre-Parole Investigation Report
conducted on the prisoner, there is a clear and convincing evidence that his release on parole will
endanger his own life and those of his relatives or the life, safety and well-being of the victim, his
relatives, his witnesses and the community, the release of the prisoner shall be deferred until the
danger ceases.

V. PROCEEDINGS OF THE BOARD

SEC. 17. Interview of Prisoners - Any Board member or government official authorized by
the Board may interview prisoners confined in prison or jail to determine whether or not they may
be released on parole or recommended for executive clemency.
The Board or its authorized representatives shall interview an inmate who was sentenced to
Reclusion Perpetua or Life imprisonment, or whose sentence had been commuted from Death to
Reclusion Perpetua.
Before an interview, the Board may require a prisoner convicted of a heinous crime as defined under
Republic Act No. 7659 and other special laws to undergo psychological/psychiatric examination if
the prisoner has a history of mental instability, or in any case, if the Board finds a need for such
examination in the light of the nature of the offense committed or manner of its commission.

SEC. 18. Publication of those Eligible for Executive Clemency/Parole - The Board
shall cause the publication in a newspaper of general circulation the names of prisoners convicted of
heinous crimes or those sentenced by final judgment to Reclusion Perpetua or Life imprisonment, who
may be considered for release on parole or for recommendation for absolute or conditional pardon.

SEC. 19. Objections to Petitions - When an objection is filed, the Board may consider the
same by requesting the person objecting to attach thereto evidence in support thereof. In no case,
however, shall an objection disqualify from executive clemency/parole the prisoner against whom
the objection is filed.

SEC. 20. Documents to be Considered - The carpeta and prison record of the prisoner and
other relevant documents, such as the mittimus or commitment order, prosecutor's information and
trial/appellate court's decision of the case of the prisoner shall be considered by the Board in
deciding whether or not to recommend executive clemency or to grant parole.

In case the prisoner has one or more co-accused who had been convicted, the Board shall consider at
the same time the prison records and carpetas of said co-accused.

SEC. 21. Factors to be Considered in Petition for Conditional Pardon,

Commutation of Sentence or Parole - The following factors may be considered by the Board
in the grant of conditional pardon, commutation of sentence or parole:

a. the age of the petitioner, the gravity of the offense and the manner in which it was committed,
and the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously ill or suffering from a
physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and friends.
SEC. 22. Special Factors - The Board may give special consideration to the recommendation for
commutation of sentence or conditional pardon whenever any of the following circumstances are
present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate
court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be served
thereby.

FACTORS THAT THE PAROLE BOARD CONSIDERS FOR ELIGIBILITY

A common misconception is that just because a convict is eligible for parole, he will be
automatically released and paroled into the community. Equally, just because the convict has
served enough of his jail term does not mean he will be released without review. Neither are
accurate. The fact of the matter is that some inmates (e.g., Charles Manson) are never found
suitable for parole and will serve the rest of their term inside the prison walls.
Public safety and assisting the offender in reintegrating into the community are the most
important considerations in any parole decision. Is the inmate willing and ready to re-enter the
community as a law-abiding citizen and contribute to a safer society? Can the inmate’s release
back into society harm the general public? All relevant information is considered.
The parole board in its decision-making process will consider the following information and
criteria about the inmate:
1. age,
2. mental stability,
3. marital status,
4. education or vocational training,
5. remorse for the offense,
6. time served on the current offense,
7. prior criminal history,
8. type and severity of offense,
9. behavior, habits, traits,
10. rehabilitative efforts/progress, and
11. conduct during incarceration.

SEC. 23. Meetings - The Board shall meet in executive session regularly or upon the call of the
Chairman.

SEC. 24. Quorum - A majority of all the members of the Board shall constitute a quorum.

SEC. 25. Board Action - A majority of the members of the Board, constituting a quorum, shall
be necessary to recommend the grant of executive clemency or to grant parole; to modify any of the
terms and conditions appearing in a Release Document; to order the arrest and recommitment of a
parolee/pardonee; and to issue certificate of Final Release and Discharge to a parolee/pardonee.
The minutes of the meeting of the Board shall show the votes of its individual members and the
reason or reasons for voting against any matter presented for the approval of the Board. Any dissent
from the majority opinion to grant or deny parole shall be reduced in writing and shall form part of
the records of the proceedings.

SEC. 26. Executive Clemency/Parole of An Alien - The Board may recommend the grant of
executive clemency or grant parole to a prisoner who is an alien. In such a case, the alien who is
released on parole or pardon shall be referred to the Bureau of Immigration for disposition,
documentation and appropriate action.

[Link] SUPERVISION

SEC. 27. Parole Supervision - After release from confinement, a client shall be placed under
the supervision of a Probation and Parole Officer so that the former may be guided and assisted
towards rehabilitation.
The period of parole supervision shall extend up to the expiration of the maximum sentence which
should appear in the Release Document, subject to the provisions of Section 6 of Act No. 4103 with
respect to the early grant of Final Release and Discharge.

SEC. 28. Form of Release Document - The form of the Release Document shall be prescribed
by the Board and shall contain the latest l"x1" photograph and right thumbprint of the prisoner.

SEC. 29. Transmittal of Release Document - The Board shall send a copy of the Release
Document to the prisoner named therein through the Director of Corrections or Warden of the jail where
he is confined who shall send a certification of the actual date of release of prisoner to the Probation and
Parole Officer.

SEC. 30. Initial Report - Within the period prescribed in his Release Document, the prisoner
shall present himself to the Probation and Parole Officer specified in the Release Document for
supervision.

If within forty five (45) days from the date of release from prison or jail, the parolee/pardonee
concerned still fails to report, the Probation and Parole Officer shall inform the Board of such failure,
for appropriate action.

SEC. 31. Arrival Report - The Probation and Parole Officer concerned shall inform the Board
thru the Technical Service, Parole and Probation Administration the date the client reported for
supervision not later than fifteen (15) working days therefrom.

SEC. 32. Mandatory Conditions of Supervision - It shall be mandatory for a client to

comply with the terms and conditions appearing in the
release document.

SEC. 33. Review and Modification of Conditions - The Board may, upon the
recommendation of the Probation and Parole Officer, revise or modify the terms and conditions
appearing in the Release Document.

SEC. 34. Transfer of Residence - A client may not transfer from the place of residence
designated in his Release Document without the prior written approval of the Regional Director
subject to the confirmation by the Board.

SEC. 35. Outside Travel - A Chief Probation and Parole Officer may authorize a client to
travel
outside his area of operational jurisdiction for a period of not more than thirty (30) days. A travel for
more than 30 days shall be approved by the Regional Director.

SEC. 36. Travel Abroad and/or Work Abroad - Any parolee or pardonee under active
supervision/surveillance who has no pending criminal case in any court may apply for overseas
work or travel abroad. However, such application for travel abroad shall be approved by the
Administrator and confirmed by the Board.

SEC. 37. Death of Client - If a client dies during supervision, the Probation and Parole Officer
shall immediately transmit a certified true copy of the client's death certificate to the Board
recommending the closing of the case. However, in the absence of a death certificate, an affidavit
narrating the circumstances of the fact of death from the barangay chairman or any authorized
officer or any immediate relative where the client resided, shall suffice.

VII. INFRACTION/VIOLATION OF THE

TERMS AND CONDITIONS OF THE
RELEASE DOCUMENT

SEC. 38. Progress Report - When a parolee/pardonee commits another offense during the
period of his parole surveillance, and the case filed against him has not yet been decided by the
court, a Progress Report should be submitted by the Probation and Parole Officer to the Board.

SEC. 39. Report of Parole Infraction/Violation - Any violation of the terms and conditions
appearing in his Release Document or any serious deviation or non-observance of the obligations set
forth in the parole supervision program shall be immediately reported by his Probation and Parole
Officer to the Board. The report shall be called Infraction Report when the client has been
subsequently convicted of another crime.

SEC. 40. Arrest of Client - Upon receipt of an Infraction Report, the Board may order the arrest or
recommitment of the client.

SEC. 41. Effect of Recommitment of Client - The client who is recommitted to prison by the
Board shall be made to serve the remaining unexpired portion of the maximum sentence for which he
was originally committed to prison.

SEC. 42. Cancellation of Pardon/Parole - The Board may recommend the cancellation of the
pardon or cancel the grant of parole of a client if it finds that material information given by said client to
the Board, either before or after release, was false, or incomplete or that the client had willfully or
maliciously concealed material information from the Board.

SEC. 43. Review of Case of Recommitted Parolee - The Board may consider the case of a
recommitted parolee for the grant of a new parole after the latter shall have served one-fourth (1/4)
of the unserved portion of his maximum sentence.

VIII. TERMINATION OF PAROLE AND

CONDITIONAL PARDON
SUPERVISION

SEC. 44. Certificate of Final Release and Discharge - After the expiration of the
maximum sentence of a client, the Board shall, upon the recommendation of the Chief Probation and
Parole Officer that the client has substantially complied with all the conditions of his parole/pardon,
issue a certificate of Final Release and Discharge to a parolee or pardonee. However, even before the
expiration of maximum sentence and upon the recommendation of the Chief Probation and
Parole Officer, the
Board may issue a certificate of Final Release and Discharge to a parolee/pardonee pursuant to the
provisions of Section 6 of Act No. 4103, as amended.

The clearances from the police, court, prosecutor's office and barangay officials shall be attached to
the Summary Report.
Sec. 45. Effect of Certificate of Final Release and Discharge - Upon the issuance of a
certificate of
Final Release and Discharge, the parolee/pardonee shall be finally released and discharged from the
conditions appearing in his release document. However, the accessory penalties of the law which
have not been expressly remitted therein shall subsist.

SEC. 46. Transmittal of Certificate of Final Release and Discharge - The Board
shall forward a certified true copy of the certificate of Final Release and Discharge to the Court
which sentenced the released client, the Probation and Parole Officer who has supervision over him,
the client, the Bureau of Corrections, the National Bureau of Investigation, the Philippine National
Police and the Office of the President.

[Link] AND EFFECTIVITY CLAUSES

SEC. 47. Repealing Clause - All existing rules, regulations and resolutions of the Board which are
inconsistent with these Rules are hereby repealed or amended accordingly.

SEC. 48. Effectivity Clause - These Rules shall take effect upon approval by the Secretary of
Justice and fifteen (l5) days after its publication in a newspaper of general circulation.
 Self Check 3.7-1

1. Father of Modern Penology

2. He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who
introduced the Mark System that became the blueprint of modern day parole.
3. A progressive humane system in which a prisoner is required to earn a number of marks based on proper
department, labor and study in order to entitle him for ticket for leave or conditional release which is similar to
parole.

4. He is the director of the Irish Prison in 1854 who introduced the Irish system that
was modified from the Macanochie’s mark system.

5. First Superintendent of Elmira Reformatory in New YorkHe introduced training school

type, education for prisoners, solitary confinement for night and congregate workshop were
adopted, extensive use of parole and indeterminate sentence.

6. First reformatory and considered as the forerunner of modern penology because it had
all the elements of a modern system.
Answer Key 3.7-1

1. Alexander Maconochie
2. Alexander Maconochie
3. Mark system
4. Walter Crofton
5. Zebulon Brockway
6. Elmira Reformatory
 Information Sheet 3.8.1

CHAPTER XIII
EXECUTIVE
CLEMENCY

WHAT IS EXECUTIVE CLEMENCY?

It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and
Commutation of Sentence as may be granted by the President of the Philippines upon the
recommendation of the Board of Pardon and Parole.
It is an act of mercy or leniency from certain consequences of a criminal conviction, and is exercised
by the President after receipt of a recommendation from the BPP.
Executive Clemency under the criminal justice system is the act by an executive member of
government of extending mercy to a convicted individual. In the United States, clemency is granted
by a governor for state crimes and by a president for federal crimes. Clemency can take one of four
forms: a reprieve, a commutation of sentence, a pardon and amnesty.

CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as otherwise provided in this Constitution, the President may
grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by
final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members
of the Congress.

2. Section 5, Article IX (Constitutional Commissions-The Commission on

Elections)
No pardon, amnesty, parole, or suspension of sentence for violation of election rules, and
regulations shall be granted by the President without a favorable recommendation of the
Commission.

WHO WILL GRANT EXECUTIVE CLEMECY?

It is exercise by the President.
Upon the recommendation of the Board of Pardons and Parole, s/he can grant pardons, commute
sentences, or defer the implementation of sentences.

EXECUTIVE CLEMENCY BASICS

1. It is discretionary;
2. It may not be controlled by the legislature or reversed by the courts unless there is violation
of the Constitution; and
3. Executive Clemency must often be requested by application or petition before it is granted. In
most jurisdictions, these applications first must be filed with a reviewing agency such as the state
board of pardon and parole before being seen by the appropriate government head.

WHY IT IS EXTENDED
In general, Executive Clemency is often extended for humanitarian reasons, such as to an aged and
ill inmate who needs specialized medical care. Inmates who suffer from serious, contagious, or life
threatening illness or disease and those prisoners with severe disability can now be recommended
for executive clemency.
The condition of the inmate should be certified “under oath” by a physician of the Bureau of
Corrections Hospital and likewise certified under oath by a physician designated by the Department
of Health (DOH
It is also extended in the following instances:
3. When there is real doubt about the guilt of the party.
4. When the sentence given is Apparently excessive
5. When the party is a political or personal friend of the President.
6. To clear the record of some who has demonstrated rehabilitation or public service.

FACTORS TO BE CONSIDERED IN PETITION FOR CONDITIONAL PARDON,

COMMUTATION OF SENTENCE OR PAROLE - The following factors may be considered by
the
Board in the grant of conditional pardon, commutation of sentence or parole:
a. the age of the petitioner, the gravity of the offense and the manner in which it was committed,
and the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously ill or suffering from a
physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and friends.

SPECIAL CONSIDERATION TO THE RECOMMENDATION FOR COMMUTATION

OF SENTENCE OR CONDITIONAL PARDON
1. youthful offenders;
2. prisoners who are sixty (60) years old and above;
3. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
4. serious illness and other life-threatening disease as certified by a government physician;
5. those prisoners recommended for the grant of executive clemency by the trial/appellate
court as stated in the decision;
6. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
7. circumstances which show that his continued imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his co-inmates; and,
8. such other similar or analogous circumstances whenever the interest of justice will be served
thereby.

FILING OF PETITION
A formal petition for executive clemency addressed as follows shall be submitted to the Board before
the question of said clemency will be considered:

"The President of the

Philippines Thru: The
Chairman
Board of Pardons and
Parole
DOJ Agencies Bldg., NIA Road cor. East
Avenue Diliman, Quezon City"

Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.

CONTENTS OF PETITION
1. Name of the prisoner
2. Age
3. Previous criminal record
4. Whether a Filipino citizen or an alien and, if a naturalized Filipino, his former nationality and
date of naturalization,
5. Previous occupation
6. Place of residence
7. Present crime for which he was convicted,
8. Trial/Appellate court,
9. His penalty of imprisonment, fine, indemnity and the commencing date thereof
10. Jail or prison to which he was committed and/or where he is presently confined
11. Date he was received for confinement
12. Grounds upon which executive clemency is being asked and certification from the trial court
that his case is not on appeal.
NOTA BENE: A petition for absolute pardon shall be under oath and shall include the date the
petitioner was released from prison after service of sentence or released on parole/pardon or
terminated from probation.

REFERRAL OF PETITION FOR EXECUTIVE CLEMENCY/PAROLE TO OTHER

GOVERNMENT AGENCIES
a. Secretary of National Defense - If the crime committed by the petitioner is against
national
security or public order or law of nations.
b. Commission on Elections - In case of violation of election laws, rules and regulations.
c. Department of Foreign Affairs - In case of an alien.

PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY

Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a
period of one (1) year from the date of their last recommitment to prison or conviction for evasion of
service of sentence.

TRANSMITTAL OF CARPETA AND PRISON RECORD

In executive clemency/parole cases, the Director or Warden concerned shall forward the prison
record and carpeta of a petitioner at least one (1) month prior to the eligibility for review as
specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the Board and the Administration on or before
the fifth day of every month, a list of prisoners whose minimum sentences will expire within ninety
(90) days and those who may be considered for executive clemency.

EXCERPTS FROM THE AMENDED GUIDELINES FOR RECOMMENDING

EXECUTIVE CLEMENCY, REVISED MANUAL, BOARD OF PARDONS AND PAROLE
(2006)

SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE CLEMENCY

The Board [of Pardons and Parole] may consider cases for executive clemency upon petition, or
referral by the Office of the President, or motu proprio.

SECTION 3. EXTRAORDINARY CIRCUMSTANCES

The Board shall recommend to the President the grant of executive clemency when the following
extraordinary circumstances are present such that a strict application of the law will result in
manifest injustice:
1. The trial court or appellate court in its decision recommended the grant of executive clemency
for the prisoner;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to
the crime committed;
3. Evidence which the court failed to consider, before conviction, which would have justified an
acquittal of the accused;
4. Prisoners who were over nine (9) years old but under eighteen (18) years of age at the time
of the commission of the offense;
5. Prisoners who are (70) years old and above who have served at least five (5) years of their
sentence or those whose continued imprisonment is inimical to their health as recommended by a
physician designated by the Department of Health or designated by the Malacañang Clinic Director;
6. Prisoners who suffer from serious and life-threatening illness/disease or severe physical
disability such as those who are totally blind, paralyzed, bedridden, etc., as recommended by a
physician of the Bureau of Corrections Hospital and certified by a physician designated by the
Department of Health or designated by the Malacañang Clinic Director;
7. Alien prisoners where diplomatic considerations and amity among nations necessitate review;
8. Such other similar or analogous circumstances whenever the interest of justice will be served
thereby.

SECTION 4. OTHER CIRCUMSTANCES

When none of the extraordinary circumstances exist, the Board may nonetheless review and/or
recommend to the President the grant of executive clemency to a prisoner upon any of the following
grounds:
1. When he is suffering from severe physical disability as when he is a deaf-mute, a leper, a
cripple, or is partially blind, etc., as recommended by a physician of the Bureau of Corrections
Hospital and certified by a physician designated by the Department of Health or designated by the
Malacañang Clinic Director;
3. When he is suffering from serious illness as recommended by a physician of the Bureau of
Corrections Hospital and certified by a physician designated by the Department of Health or
designated by the Malacañang Clinic Director;
4. Such other circumstances whenever the interest of justice will be served thereby.
Provided, that a petition for executive clemency under this section may be reviewed only if the
petitioner meets the following minimum requirements:

SECTION 5. EXCEPTIONS
Even with the existence of any of the circumstances enumerated in Sections 3 and 4, the Board shall
not favorably recommend petitions for executive clemency of the following prisoners:
1. Those convicted of Evasion of Service of Sentence;
2. Those who violated the conditions of their Conditional Pardon;
3. Those who are habitual delinquents or recidivists;
4. Those convicted of Kidnapping for Ransom;
5. Those convicted of violation of Republic Act No. 6425, as amended, otherwise known as "The
Dangerous Drugs Act of 1972", or Republic Act 9165, also known as the Dangerous Durgs act of
2002", and other drug related offenses except those convicted only of use and/or possession of
prohibited or regulated drugs;
6. Those convicted of offenses committed under the influence of drugs;
7. Those whose release from prison would pose a threat to the public safety or would constitute a
danger to society; and
8. Those suffering from dementia or insanity.
Above notwithstanding, in view of diplomatic considerations and upon recommendation of the
Department of Foreign Affairs, the grant of executive clemency may be availed by a foreign prisoner
or alien serving a prison sentence in the Philippines, as an opportunity for securing the release of
Filipino convicts, if any in the country of the convicted foreigner or alien.

PARDON

WHAT IS PARDON?
It is a form of executive clemency granted by the President of the Philippines as a privilege to a
convict as a discretionary act of grace.
A pardon is the remission of a penalty. It is an act of grace or forgiveness that relieves the person
pardoned from some or all of the ramifications of lawful punishment. A pardon may be conditional
or unconditional. Pardons do not erase or seal a conviction; a pardon forgives guilt. It vested to the
Chief Executive (The President) as a matter of power.
Pardon is “an act of 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 a
crime he has committed. It is the private, though official act of the executive magistrate, delivered to
the individual for whose benefit it is intended, and not communicated officially to the Court. A
pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without
acceptance.”
Neither the legislative nor the judiciary branch of the government has the power to set conditions or
establish procedures for the exercise of this Presidential prerogative.
When a pardon is granted, the convicted offender is forgiven the crime and its penalty. A head of
state or government generally grants it when the convicted individual has fulfilled his or her debt to
society or is somehow otherwise worthy of being forgiven the crime. A pardon does not erase the
conviction, but it can in some jurisdictions remove some of the disqualifications caused by it.

ABOUT PARDON
1. It is the remission of a penalty.
2. It is an act of grace.
3. It is may be conditional or unconditional.
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its penalty.
6. It is vested to the Chief Executive.
7. It is the private act but official act of the president.
8. It is not communicated officially to the Court.
9. It is a deed, to the validity of which delivery is essential, and delivery is not complete
without acceptance.
10. Neither the legislative nor the judiciary branch of the government has the power to
set conditions or establish procedures for the exercise of this Presidential prerogative.

TWO TYPES OF PARDON

1. Absolute Pardon-It refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever and restores to the individual his civil rights
and remits the penalty imposed for the particular offense of which he was convicted.

PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.

Absolute Pardon is also granted by a President to an imprisoned president the incumbent has
deposed.
Absolute Pardon is granted in order to restore full political and civil rights to convicted persons who
have already served their sentenced and have reached the prescribed period for the grant of
Absolute Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within certain limits or

conditions; from the punishment that the law inflicts for the offenses he has committed resulting in
the partial extinction of his criminal liability. It is also granted by the President of the Philippines to
release an inmate who has been reformed but is not eligible to be released on parole.

PARDON DOES NOT EXTINGUISH CIVIL LIABILITIES & IT IS PROSPECTIVE

MONSANTO VS. FACTORAN

G.R. NO. 78239 FEBRUARY 9, 1989
FACTS:
Monsanto was the Asst Treasurer of Calbayug City. She was charged for the crime of Estafa through
Falsification of Public Documents. She was found guilty and was sentenced to jail. She was however
granted pardon by Marcos. She then wrote a letter to the Minister of Finance for her to be reinstated
to her former position since it was still vacant. She was also requesting for back pays. The Minister
of Finance referred the issue to the Office of the President and Factoran denied Monsanto’s request
averring that Monsanto must first seek appointment and that the pardon does not reinstate her
former position. Also, Monsanto avers that by reason of the pardon, she should no longer be
compelled to answer for the civil liabilities brought about by her acts.

ISSUE:
Whether or not Monsanto should be reinstated to her former post.
HELD:
A pardon looks to the future. It is not retrospective. It makes no amends for the past. It affords no
relief for what has been suffered by the offender. It does not impose upon the government any
obligation to make reparation for what has been suffered. “Since the offense has been established by
judicial proceedings, that which has been done or suffered while they were in force is presumed to
have been rightfully done and justly suffered, and no satisfaction for it can be required.” This would
explain why petitioner, though pardoned, cannot be entitled to receive backpay for lost earnings and
benefits. On the other hand, civil liability arising from crime is governed by the RPC. It subsists
notwithstanding service of sentence, or for any reason the sentence is not served by pardon,
amnesty or commutation of sentence. Petitioner’s civil liability may only be extinguished by the
same causes recognized in the Civil Code, namely: payment, loss of the thing due, remission of the
debt, merger of the rights of creditor and debtor, compensation and novation.

PARDON – RESTORATION OF CIVIL & POLITICAL

RIGHTS CRISTOBAL VS. LABRADOR

G.R. No. L-47941, December 7, 1940

FACTS:
Santos was convicted of the crime of estafa. He was given pardon by the president but even prior to
his pardon he was already holding the position as the municipality president of Malabon
notwithstanding his conviction. Cristobal, on the other hand, averred that Santos should be excluded
from the list of electors in Malabon because he was already convicted of final judgment “for any
crime against property”. This is pursuant to CA 357 of the New Election Code. The lower court
presided by Labrador ruled that Santos is exempt from the provision of the law by virtue of the
pardon restoring the respondent to his “full civil and political rights, except that with respect to the
right to hold public office or employment, he will be eligible for appointment only to positions which
are clerical or manual in nature and involving no money or property responsibility.”

ISSUE:
Whether or not Santos should not be excluded as an elector.
HELD:
It should be observed that there are two limitations upon the exercise of this constitutional
prerogative by the Chief Executive, namely: (a) that the power be exercised after conviction; and (b)
that such power does not extend cases of impeachment. Subject to the limitations imposed by the
Constitution, the pardoning power cannot be restricted or controlled by legislative action. It must
remain where the sovereign authority has placed it and must be exercised by the highest authority to
whom it is entrusted. An absolute pardon not only blots out the crime committed, but removes all
disabilities resulting from the conviction. In the present case, the disability is the result of conviction
without which there would be no basis for disqualification from voting. Imprisonment is not the
only punishment which the law imposes upon those who violate its command. There are accessory
and resultant disabilities, and the pardoning power likewise extends to such disabilities. When
granted after the term of imprisonment has expired, absolute pardon removes all that is left of the
consequences f conviction. In the present case, while the pardon extended to respondent Santos is
conditional in the sense that “he will be eligible for appointment only to positions which a e clerical
or manual in nature involving no money or property responsibility,” it is absolute insofar as it
“restores the respondent to full civil and political rights. Upon other hand, the suggestion that the
disqualification imposed in par (b) of sec 94 of CA 357, does not fall within the purview of the
pardoning power of the president, would lead to the impairment of the pardoning power of the
president, not contemplated in the Constitution, and would lead furthermore to the result that there
would be no way of restoring the political privilege in a case of this nature except through legislative
action.

LIMITATIONS OF THE PARDONING POWER OF THE PRESIDENT

The following are the limitations of the pardoning power of the President:
a. It may not be exercised for offenses in impeachment cases;
b. It may be exercised only after conviction by final judgment except amnesty;
c. It may not be exercised over legislative or civil contempt (as for refusing to answer a proper
question as a witness in a case);
d. In case of violation of election law or rules and regulations without
favorable recommendations of the COMELEC;
e. It cannot be exercised to violation of tax laws.
f. It cannot absolve convict of civil liability
g. It cannot restore public offices forfeited.

NOTA BENE: The limitations provided under the Constitution are: (1) No pardon may be
granted in impeachment cases; (2) No pardon may be granted when otherwise provided under the
Constitution, specifically Sec. 5, Article IX-C, which provides that “No pardon, amnesty, parole or
suspension of sentence for violation of elections laws, rules, and regulations shall be granted by the
President without the favorable recommendation of the [COMELEC]“; and (3) It may only be granted
“after conviction by final judgment”.

WHAT IS THE EFFECT OF PARDON?

While a pardon has generally been regarded as blotting out the existence of guilt so that in the eye of
the law the offender is as innocent as though he never committed the offense, it does not operate for
all purposes. The very essence of a pardon is forgiveness or remission of guilt. Pardon implies guilt.
It does not erase the fact of the commission of the crime and the conviction thereof. It does not wash
out the moral stain. It involves forgiveness and not forgetfulness.
The better considered cases regard full pardon (at least one not based on the offender’s innocence)
as relieving the party from all the punitive consequences of his criminal act, including the
disqualifications or disabilities based on the finding of guilt. But it relieves him from nothing more.
“To say, however, that the offender is a “new man”, and “as innocent as if he had never committed
the offense;” is to ignore the difference between the crime and the criminal. A person adjudged
guilty of an offense is a convicted criminal, though pardoned; he may be deserving of punishment,
though left unpunished; and the law may regard him as more dangerous to society than one never
found guilty of crime, though it places no restraints upon him following his conviction.”
A pardon looks to the future. It is not retrospective. It makes no amends for the past. It affords no
relief for what has been suffered by the offender. It does not impose upon the government any
obligation to make reparation for what has been suffered. “Since the offense has been established by
judicial proceedings, that which has been done or suffered while they were in force is presumed to
have been rightfully done and justly suffered, and no satisfaction for it can be required.”
WHAT IS THE CONSTITUTIONAL BASIS OF PARDON?
The power to pardon, which is a form of executive clemency, is given to the President under Section
19, Article VII of the Constitution. It reads: Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the members
of the Congress.

HOW IS PARDON DIFFERENT FROM PROBATION?

Probation and pardon are not the same. 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.” Probation is a part of the judicial power, while pardon is a part of
the executive power. The suspension of the sentence under probation simply postpones the
judgment of the court temporarily or indefinitely, but the conviction and liability following it, and
the civil disabilities, remain and become operative when judgment is rendered.

PARDON – APPLICABLE TO

ADMINISTRATIVE CASES

LLAMAS VS. ORBOS

G.R. NO. 99031, OCTOBER 15, 1991

FACTS:
Rodolfo Llamas is the incumbent Vice-governor of Tarlac, and on March 1, 1991, he assumed office
by virtue of a decision of the Office of the President, the governorship.
Mariano Ocampo III is the incumbent governor and was suspended from office due to having
been found guilty of having violated the Anti-Graft and Corrupt Practices Act. Oscar Orbos was the
Executive Secretary at the time of the petition, and is being impleaded herein in that official capacity
for having issued, by authority of the President, the assailed Resolution granting executive clemency
to Llamas thus, putting him back to his position as the governor of tarlac. Petitioner contends that
executive clemency could only be granted to criminal cases and not administrative cases; that there
has been no final judgement of the private respondent's motion for reconsideration; and that his
constitutional rights to due process were violated.

ISSUE:
1. WON the president has the power to grant executive clemency in administrative cases.
2. WON there has been a final judgment.
3. WON the petitioner's constitutional rights were violated.

HELD:
1. Yes. The president can grant executive clemency based in Art. VII sec. 19 of the constitution.
The petitioner's contention that the president may only grant executive clemency to criminal
cases based on said provision is untenable because the Constitution does not distinguish between
cases executive clemency may be exercised by the President, with the sole exclusion of impeachment
cases. Ubi lexnon distinguit, necnos distinguire debemos. If the law does not distinguish, we must
not distinguish. Also a number of laws impliedly or expressly recognize the exercise of executive
clemency in administrative cases. One example of which is Sec. 43 of PD 807 which provides that
in meritorious cases, the president may commute or remove administrative penalties or disabilities
issued upon officers and employees in disciplinary cases. Moreover, the intent of the constitutional
commission is to give the president the power to grant executive clemency and is not be limited in
terms of coverage, except as already provided in the constitution.
Therefore SC held that pardon is applicable to Administrative cases. The SC does not clearly see any
valid and convincing reason why the President cannot grant executive clemency in administrative
cases. It is a considered view that if the President can grant reprieves, commutations and pardons,
and remit fines and forfeitures in criminal cases, with much more reason can she grant executive
clemency in administrative cases, which are clearly less serious than criminal offenses.

2. Yes. There has been a final judgment because upon the acceptance of the presidential pardon,
the grantee is deemed to have waived any appeal which he may have filed.

3. No. the petitioner's constitutional rights to due process was not violated because his being not
notified of the subject of pardon is based on the fact that pardon is the private, though official, act of
the executive magistrate, delivered to the individual for whose benefit it is intended and not
communicated officially to the court. Thus, said notice is unnecessary

HOW IS PARDON DIFFERENT FROM COMMUTATION AND REPRIEVE?

Commutation” is a remission of a part of the punishment; a substitution of a less penalty for the one
originally imposed.
A “reprieve” or “respite” is the withholding of the sentence for an interval of time, a postponement
of execution, a temporary suspension of execution.

AMNESTY

WHAT IS AMNESTY
A general pardon extended to a group of persons, such a political offenders purposely to bring about
the return of dissidents to their home and to restore peace and order in the community. It Is 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.

NOTA BENE: Amnesty can be availed of before, during and after the trial of the case, even after
conviction.

PEOPLE VS. PATRIARCA

G.R. NO. 135457. SEPTEMBER 29, 2000

FACTS:
That on or about the 30th day of June, 1987 at about 10:00 o'clock in the evening in the Municipality
of Donsol, Province of Sorsogon, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused conspiring, confederating and mutually helping one another, armed with
guns, forcibly took away ALFREDO AREVALO from his residence and brought him to Sitio Abre,
Mabini, Donsol, Sorsogon, and did then and there willfully, unlawfully and feloniously with intent to
kill, with treachery and evident premeditation, attack, assault and shoot ALFREDO AREVALO
thereby inflicting upon him mortal wounds, which directly caused his death to the damage and
prejudice of his legal heirs.
Accused-appellant Jose Patriarca, Jr. appeals the decision of the Regional Trial Court at
Sorsogon, Sorsogon, Branch 52, in Criminal Case No. 2773 convicting him of murder and
sentencing him to reclusion perpetua. He was also charged with Murder for the killing of one
Rudy de Borja and a certain Elmer Cadag under Information’s docketed as Criminal Cases Nos.
2665 and 2672, respectively.
Accused-appellant applied for amnesty under Proclamation No. 724 amending Proclamation No.
347, dated March 25, 1994, entitled "Granting Amnesty to Rebels, Insurgents, and All Other Persons
Who Have or May Have Committed Crimes Against Public Order, Other Crimes Committed in
Furtherance of Political Ends, and Violations of the Article of War, and Creating a National Amnesty
Commission." His application was favorably granted by the National Amnesty Board.

ISSUE:
WON accused be granted an amnesty.

HELD:
This Court takes judicial notice of the grant of amnesty upon accused-appellant Jose N. Patriarca, Jr.
Once granted, it is binding and effective. It serves to put an end to the appeal.
Pardon is granted by the Chief Executive. It is a private act, which must be pleaded and proved by
the person pardoned, because the courts take no notice thereof; while amnesty by Proclamation of
the Chief Executive with the concurrence of Congress is a public act of w/c the courts should take
judicial notice. Pardon is granted to one after conviction; while amnesty is granted to classes of
person or communities who may be guilty of political offenses, generally before or after the
institution of the criminal prosecution and sometimes after conviction. Pardon looks forward and
relieves the offender from the consequences of an offense of which he has been convicted, it
abolishes or forgives the punishment thus it does not work the restoration of the rights to hold
public office or right of suffrage unless such rights be expressly restored by the 10 terms of the
pardon and it in no case exempts the culprit from the payment of the civil indemnity imposed upon
him by the sentence (Article 36, Revised Penal Code). While 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 precisely as though he had
committed no offense."

DIFFERENCES BETWEEN AMNESTY AND PARDON

7. 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.
8. 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.
9. 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.
10. 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.
11. 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)

Amnest Pardo
y n
Granted for political offenses Granted for any offense
Granted to classes of persons or Granted to individuals
communities

May be granted at any time Granted after final conviction

Need not be accepted Must be accepted

Requires the concurrence of congress Does not need the concurrence of congress
Public act which the court may take Private act which must be pleaded and
judicial notice proved by the person pardoned

Looks backward and puts the offense Looks forward and relieves the
into oblivion offender from the consequences of his
offense

ADMISSION OF GUILT

GAUDENCIO VERA VS. PEOPLE OF THE PHILIPPINES

AMNESTY – REVERSAL OF THE DOCTRINE HELD IN THE BARRIOQUINTO CASE
FACTS:
Vera, together with 92 others were charged for the crime of kidnapping with murder done against a
certain Lozaňes. The said crime was committed allegedly to aid the Japanese occupation. During the
hearing, none of the petitioners-defendants admitted having committed the crime charged. In fact,
Gaudencio Vera, the only defendant who took the witness stand, instead of admitting the killing of
the deceased Lozañes, categorically denied it. Hence, the Amnesty Commission held that it could not
take cognizance of the case, on the ground that the benefits of the Amnesty Proclamation, could be
invoked only by defendants in a criminal case who, admitting the commission of the crime, plead
that said commission was in pursuance of the resistance movement and perpetrated against persons
who aided the enemy during the Japanese occupation. Consequently, the Commission ordered that
the case be remanded to the court of origin for trial.

ISSUE:
Whether or not the accused can avail of amnesty sans admission of guilt.

HELD:
It is rank inconsistency for appellant to justify an act, or seek forgiveness for an act which, according
to him, he has not committed. Amnesty presupposes the commission of a crime, and when an
accused maintains that he has not committed a crime, he cannot have any use for amnesty. Where an
amnesty proclamation imposes certain conditions, as in this case, it is incumbent upon the accused
to prove the existence of such conditions. The invocation of amnesty is in the nature of a plea of
confession and avoidance, which means that the pleader admits the allegations against him but
disclaims liability therefore on account of intervening facts which, if proved, would bring the crime
charged within the scope of the amnesty proclamation. The present rule requires a previous
admission of guilt since a person would not need the benefit of amnesty unless he was, to begin with,
guilty of the offense covered by the proclamation.

LAW ON AMNESTY

PROCLAMATION NO. 347

GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL OTHER PERSONS
WHO HAVE OR MAY HAVE COMMITTED CRIMES AGAINST PUBLIC ORDER,
OTHER CRIMES COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A NATIONAL
AMNESTY COMMISSION

WHEREAS, the peace process, as an anchor of political, economic and social stability and
development, has steadily moved forward with the overwhelming acceptance and support of the
Filipino people;
WHEREAS, to enhance and hasten the peace process, there is a need to reintegrate, as soon as
possible, all rebels and insurgents into the mainstream of society under the rule of law, including
those who may have committed unlawful acts in furtherance of their respective political beliefs;
WHEREAS, the grant of amnesty to those who may have committed unlawful acts in pursuit of their
political beliefs is one of the six paths to the attainment of a just and lasting peace as recommended
by the National Unification Commission;
WHEREAS, amnesty was proclaimed under Proclamation Nos. 10 and 10-A, which proclamations
however extended only to those who applied for amnesty under Executive Order No. 350, Series of
1989, and whose applications were processed and ready for action as of 28 July 1992, and who
applied for amnesty under Executive Order No. 350 from 28 July 1992 up to 31 December 1992;
WHEREAS, after the lapse of the period for application for the grant of amnesty under Proclamation
Nos. 10 and 10-A, many more rebels and insurgents, who may have committed unlawful acts in
pursuit of their political beliefs, have returned or expressed their desire and readiness to return to
the fold of the law and join the mainstream of Philippine society; and
WHEREAS, there is a need for government to act on rebel and insurgent returnees’ request for the
grant of amnesty so that they may live in peace in the pursuit of productive endeavors without
prejudice to any legal arrangement that may result from a negotiated settlement which the
government is pursuing with the various rebel and insurgent groups.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of
the powers vested in me by Section 19, Article VII of the Constitution, do hereby declare and
proclaim:

Section 1. Grant of Amnesty. – Amnesty is hereby granted to all persons who shall apply
therefor and who have or may have committed crimes, on or before thirty (30) days following the
publication of this Proclamation in two (2) newspapers of general circulation, in pursuit of political
beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited
to the following: rebellion or insurrection; coup d’etat; conspiracy and proposal to commit rebellion,
insurrection or coup d’etat; disloyalty of public officers or employees; inciting to rebellion or
insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal
association; direct assault; indirect assault; resistance and disobedience to a person in authority or
the agents of such person; tumults and other disturbances of public order; unlawful use of means of
publication and unlawful utterances; alarms and scandals; illegal possession of firearms,
ammunition or explosives, committed in furtherance of, incident to, or in connection with the crimes
of rebellion or insurrection and violations of Articles 59 (desertion), 62 (absence without leave), 67
(mutiny or sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96 (conduct
unbecoming an officer and a gentlemen), and 97 (general article) of the Articles of War; Provided,
that the amnesty shall not cover crimes against chastity and other crimes committed for personal
ends.

Section 2. Effects. – (a) Amnesty under this Proclamation shall extinguish any criminal
liability for acts committed in pursuit of a political belief, without prejudice to the grantee’s civil
liability for injuries or damages caused to private persons. The grant of amnesty shall also effect the
restoration of civil or political rights suspended or lost by virtue of criminal conviction.
(b) The amnesty herein proclaimed shall not ipso facto result in the reintegration or reinstatement
into the service of former Armed Forces of the Philippines and Philippine National Police personnel.
Reintegration or reinstatement into the service shall continue to be governed by existing laws and
regulations; Provided, however, that the amnesty shall reinstate the right of AFP and PNP personnel
to retirement and separation benefits, if so qualified under existing laws, rules and regulations at the
time of the commission of the acts for which amnesty is extended, unless they have forfeited such
retirement and separation benefits for reasons other than the acts covered by this Proclamation.

Section 3. Firearms. – The surrender of firearms, ammunitions and explosives shall not be a
condition for amnesty. Applicants for amnesty may surrender their firearms within sixty (60) days
from the effectivity of this Proclamation without incurring liability for illegal possession thereof. The
Government shall continue to encourage rebels and insurgents to turn-in firearms, ammunition and
explosives which may be in their possession.

Section 4. National Amnesty Commission. – There is hereby created a National Amnesty

Commission, hereinafter referred to as the Commission, which shall be primarily tasked with
receiving and processing applications for amnesty, and determining whether the applicants are
entitled to amnesty under this Proclamation. Final decisions or determinations of the Commission
shall be appealable to the Court of Appeals.
Pursuant to its functions, the Commission shall be authorized to:
(a) Administer oaths, summon witnesses and require the production of documents by subpoena
duces tecum; Provided, that the testimonies of the applicant and his witnesses for a grant of
amnesty, and any evidence presented by him before the Commission not otherwise, available to the
prosecution, shall not be used as evidence against the applicant in any other proceeding where the
amnesty is not in issue, except for perjury committed in so testifying;
(b) Promulgate rules and regulations subject to the approval of the President;
(c) Call on any Government office, body, agency, instrumentality, council and commission to
render assistance in the efficient and effective implementation of its functions;
(d) Constitute Local Amnesty Boards in such provinces, cities, and municipalities as may be
necessary; and
(e) Perform such other functions necessary for the proper implementation of this Proclamation
as may be authorized by the President.
The Commission shall be composed of seven (7) members: a chairperson and three (3) regular
members to be appointed by the President; the Secretary of Justice, the Secretary of National Defense
and the Secretary of the Interior and Local Government as ex-officio members.
The amounts necessary for the operational and administrative expenses of the Commission shall be
funded from the budget of the Office of the President.
The term of the Commission shall expire upon the completion of its assigned tasks as may be
determined by the President.

Section 5. Who May Apply. – All persons who have or may have committed the crimes
enumerated in Section 1, within the period prescribed therein, including those detained, charged, or
convicted for the commission of the same crimes, may apply with the Commission for the grant of
amnesty.

Section 6. Application Period. – Applications for the grant of amnesty shall be filed under
oath with the Commission within six (6) months from the effectivity of this Proclamation.

Section 7. Effectivity. – This Proclamation shall take effect upon concurrence by a majority of
all the Members of the Congress.

DONE in the City of Manila, this 25th day of March in the year of Our Lord, Nineteen Hundred and
Ninety-Four.

PROCLAMATION NO. 724

AMENDING PROCLAMATION NO. 347 DATED MARCH 25, 1995

WHEREAS, on March 25, 1994, President Fidel V. Ramos issued Proclamation No. 347 entitled
“Granting Amnesty to Rebels, Insurgents, and All Other Persons Who Have or May Have Committed
Crimes Against Public Order, Other Crimes Committed in Furtherance of Political Ends, and
Violations of the Articles of War, and Creating a National Amnesty Commission,” which was
concurred in by both Houses of Congress on June 2, 1994 through Concurrent Resolution No. 12 as
provided for by the Constitution;
WHEREAS, when the prescribed period for filing of applications for amnesty lapsed on June 1, 1995,
7,166 applications were recorded to have been filed with the National Amnesty Commission and the
nineteen (19) Local Amnesty Boards nationwide;
WHEREAS, after June 1, 1995, the National Amnesty Commission and its nineteen (19) Local
Amnesty Boards throughout the country have reported that many other rebels and insurgents
voluntarily returned to the folds of the law and filed applications for amnesty or otherwise
expressed their desire to avail of amnesty;
WHEREAS, in the course of processing amnesty applications, the National Amnesty Commission has
been constrained to deny amnesty to persons who were found to have committed acts/crimes
clearly in pursuit of their political belief because their acts/crimes were committed after April 30,
1994 but before June 1, 1995, which is beyond the period of coverage of Proclamation No. 347; or
because they filed their applications beyond the deadline of June 1, 1995;
WHEREAS, the sincere desire of the foregoing rebels and insurgents to return to the folds of the law
cannot be ignored by the Government if it is to pursue a true, comprehensive, just, and lasting peace;
WHEREAS, by virtue of the General Agreement for Peace dated October 13, 1995 signed between the
Government and the RAM-SFP-YOU, Proclamation No. 723 was issued granting amnesty to
members and supporters of the RAM-SFP-YOU and allowing those inadvertently omitted from the
said list to apply individually for amnesty;
WHEREAS, in the interest of equity and justice, members of rebel groups other than the RAM-SFP-
YOU should also be entitled to file applications for amnesty after the lapse of the period for
application under Proclamation No. 347;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of
the powers vested in me by Section 19, Article VII of the Constitution, do hereby declare and
proclaim:

SECTION 1. Grant of Amnesty under Proclamation No. 347. Section 1 of Proclamation

No. 347 is hereby amended as follows:
“Section 1. Grant of Amnesty.- Amnesty is hereby granted to all persons who shall apply therefor and
who have or may have committed crimes, on or before June 1, 1995, in pursuit of their political
beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited
to the following: rebellion or insurrection; coup d’etat; conspiracy and proposal to commit rebellion,
insurrection, or coup d’etat; disloyalty of public officers or employees; inciting to rebellion or
insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal
association; direct assault; indirect assault; resistance and disobedience to a person in authority or
agents of such person; tumults and other disturbances of public order; unlawful use of means of
publication and unlawful utterances; alarms and scandals; illegal possession of firearms,
ammunitions, and explosives, committed in furtherance of, incident to, or in connection with the
crimes of rebellion and insurrection; and violations of Articles 59 (desertion), 62 (absence without
leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96 (
conduct unbecoming an officer and gentleman), and 97 (general article) of the Articles of War;
Provided, That the amnesty shall not cover crimes against chastity and other crimes for personal
ends.”

SEC. 2. Re-opening of Application Period. Applications for the grant of amnesty under
Proclamation No. 347 dated March 25, 1994, as amended by this Proclamation, shall be filed with
the National Amnesty Commission within ninety (90) days from the effectivity of this Proclamation.

SEC. 3. Effectivity. This Proclamation shall take effect upon the concurrence by a majority of
all Members of Congress.
DONE in the City of Manila this 17th day of May in the year of Our Lord, Nineteen Hundred and
Ninety-Six.

COMMUTATION OF
SENTENCE
WHAT IS COMMUTATION OF SENTENCE?
The act of the president changing, reducing or mitigating a heavier sentence to a lighter one or a
longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term
of years.
It does not forgive the offender but merely to reduce the penalty pronounce by the court.
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.
A commutation of sentence takes place when the sentence, generally one of imprisonment, is
reduced to a lesser penalty or jail term. This type of clemency does not void the conviction.

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.

WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE?

The Board may review the petition of a prisoner for commutation of sentence if he/she meets the
following minimum requirements:
1. At least one half (1/2) of the minimum of his indeterminate and/or definite prison term or the
aggregate minimum of his determinate and/or prison terms;
2. At least ten (10) years for prisoners sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punishable under Republic Act 7659 and other special laws;
3. At least twelve (12) years, for prisoners whose sentences were adjusted to forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as amended;
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act
7659 committed on or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life
imprisonment;
5. At least seventeen (17) years for prisoners sentenced to two (2) or more reclusion perpetua
or life imprisonment even if their sentences were adjusted to forty (40) years in accordance with the
provision of Article 70 of the Revised Penal Code, as amended;
6. At least twenty (20) years, for those sentenced to death which was automatically commuted
or reduced to reclusion perpetua.

REPRIEVE

WHAT IS REPRIEVE
Reprieve, in criminal law, the temporary suspension of a sentence, such as a stay of execution,
granted a person convicted of a capital crime. A reprieve is usually granted by the sovereign or chief
executive and also, in the United States, by the governor of a state. In some cases it may be granted
by the court that tried the offender.
It is a postponement of sentence or temporary stay of the execution of sentence especially the
execution of the death sentence. Generally, Reprieve is extended to prisoners sentenced to death.
The date of execution of sentenced is set back several days to enable the Chief to study the petition
of the condemned man for commutation of sentenced or pardon.
A reprieve is given to suspend the execution of a sentence in order to give the prisoner time to find
ways to have it reduced. With respect to capital cases, a reprieve is given to suspend the execution of
the death penalty for a period of time to consider whether or not it should be imposed.

PURPOSE OF REPREIVE
The purpose of the reprieve is generally to allow an investigation into the legality of the conviction
or into alleged newly discovered evidence in favor of the convicted person. A reprieve delays an
execution but, unlike a pardon or a commuted sentence, does not negate a sentence unless the
reinvestigation shows that the prisoner has been unjustly tried or sentenced.

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.
 Self Check 3.8-1

1. It is a form of executive clemency granted by the President of the Philippines as a privilege to

a convict as a discretionary act of grace
2. A general pardon extended to a group of persons, such a political offenders purposely to bring about
the return of dissidents to their home and to restore peace and order in the community. It Is generally
exercised by the Chief Executive with the concurrence of congress.
3. It refers to the exemption of an individual, within certain limits or conditions; from the punishment
that the law inflicts for the offenses he has committed resulting in the partial extinction of his
criminal liability. It is also granted by the President of the Philippines to release an inmate who has
been reformed but is not eligible to be released on parole.
4. Absolute Pardon
Conditional Pardon
5. Is granted in order to restore full political and civil rights to convicted persons who have already
served their sentenced and have reached the prescribed period
6. The act of the president changing, reducing or mitigating a heavier sentence to a lighter one or a
longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term
of [Link] does not forgive the offender but merely to reduce the penalty pronounce by the [Link]
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
7. It is a postponement of sentence or temporary stay of the execution of sentence especially the
execution of the death sentence. Generally, Reprieve is extended to prisoners sentenced to
[Link] date of execution of sentenced is set back several days to enable the Chief to study the
petition of the condemned man for commutation of sentenced or pardon.
 Answer Key 3.8-1

1. Pardon

2. Amnesty

3. .Conditional Pardon

4. Absolute Pardon

5. Absolute Pardon

6. Reprieve

7. Commutation of Sentence
 APPENDICES

A. FULL TEXT OF PRESIDENTIAL DECREE NO. 968

PRESIDENTIAL DECREE NO.

968
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 systems that will promote the reformation of offenders and thereby reduce the
incidence of recidivism;.
.
WHEREAS, the confinement of all offenders 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 Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. — 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. Purpose. — This Decree shall be interpreted so as to:
4. promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
5. provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and.
6. 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 or 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.

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..

Sec. 6. Form of Investigation Report. — The investigation report to be submitted by the

probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.
Sec. 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 recognize to the custody of a responsible member of the community who
shall guarantee his appearance whenever required by the court.

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 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 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. 10. Conditions of Probation. — Every probation order issued by the court shall
contain
conditions requiring that the probationer shall:
(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 probation 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) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;.
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit 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. Effectivity 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 Condition 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 Court of First Instance of that
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 to be more
than twice the total number of days of subsidiary imprisonment as computed at the rate established,
in Article thirty-nine of the Revised Penal Code, as amended..chan robles virtual law library

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. 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 suspend 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 of 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 to 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 Administration. — The Administration shall be headed by the
Probation
Administrator, hereinafter 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
cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and
duties shall be to:
(a) act as the executive officer of the Administration;
(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 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.
Sec. 21. Qualifications of the Administrator and Assistant Probation
Administrator. — To be
eligible for Appointment as Administrator or Assistant Probation Administrator, 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 patterns established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by
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 officer
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 President of the Philippines, upon recommendation of the Secretary of Justice,
with an annual salary of at least twenty thousand pesos.
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 law 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 probations;
(c) keep himself informed of the conduct and condition of probationers under his charge and use
all suitable methods to bring about an improvement in their conduct and conditions;
(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 in work requiring any of the abovementioned disciplines, or is a
member of the Philippine Bar with at least three years of supervisory experience.
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 the 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 authorized the appropriation of 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 provisions hereof shall be affected
thereby.
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.
DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and
seventy-six.

B. FULL TEXT OF PRESIDENTIAL DECREE NO. 1257

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.
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 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.

C. FULLTEXT OF BATAS PANBANSA BLG. 76

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:
"Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
sentenced to serve a maximum term of imprisonment of more than six years and one day;
a. Convicted of any offense against the security of the State;
b. 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
c. 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 therefore 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. Approved: June 13, 1980

D. FULLTEXT OF PRESIDENTIAL DECREE NO. 1990

PRESIDENTIAL DECREE NO. 1990

AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE 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;.
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 abovementioned 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:
d. sentenced to serve a maximum term of imprisonment of more than six years; .
e. convicted of subversion or any crime against the national security or the public order;
f. 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.
g. who have been once on probation under the provisions of this Decree; and
h. 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..

E. FULL TEXT OF EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE OF

1987; [BOOK IV/TITLE III/CHAPTER 7-PAROLE AND PROBATION
ADMINISTRATION]

CHAPTER 7
PAROLE AND PROBATION ADMINISTRATION
Section 23. Parole and Probation Administration. - The Parole and Probation Administration
hereinafter referred to as the Administration shall have the following functions:
a. Administer the parole and probation system;
b. Exercise general supervision over all parolees and probationers;
c. Promote the correction and rehabilitation of offenders; and
d. Such other functions as may hereafter be provided by law.
Section 24. Structural and Personnel Organization. -
a. The Administration shall be headed by an Administrator who shall be immediately assisted
by a Deputy Administrator. The Administrator and Deputy Administrator shall be appointed by the
President upon the recommendation of the Secretary.
The appointees to the positions of Administrator and Deputy Administrator must be holders of a
doctoral/masteral degree in public administration and/or lawyers with at least one year of
supervisory experience in probation work.
b. The Administration shall have a Technical Service under the Office of the Administrator
which shall serve as the service arm of the Board of Pardons and Parole in the supervision of
parolees and pardonees.
The Board and the Administration shall jointly determine the staff complement of the Technical
Service.
c. The Administration shall likewise continue to operate and maintain a Regional Office in each
of the administrative regions including the National Capital Region and also a probation and parole
office in every province and city of the country.
The Regional, Provincial and City Offices of the Administration shall each be headed by a Regional
Probation and Parole Officer, Provincial/City Probation and Parole Officer, respectively, all of whom
shall be appointed by the Secretary upon the recommendation of the Administrator.
The Provincial or City Probation and Parole Officer shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out their duties and functions.
For this purpose, the Administrator may appoint citizens of good repute and probity to act as
Probation and Parole Aides who shall not receive any regular compensation for their services except
reasonable travel allowance.
Section 25. Applicability of P.D. No. 968, as amended. - The Provisions of P.D. 968 otherwise
known as
the Probation Law of 1976 shall continue to govern the operation and management of the
Administration including the enumeration of functions and qualifications for appointment of the
Administrator, Deputy Administrators, Regional, Provincial and City Probation Officers and their
assistants and other subordinate personnel not inconsistent with this title.

F. FULL TEXT OF PAROLE AND PROBATION ADMINISTRATION OMNIBUS

RULES ON PROBATION AND PROCEDURE.

G. RESOLUTION NO. 24-4-10 - RE: Amending and Repealing Certain Rules

and Sections of the Rules on Parole and Amended Guidelines for
Recommending Executive Clemency of the 2006 Revise Manual of the Board of
Pardons and Parole
WHEREAS, Section 19, Article VII of the 1987 Philippine Constitution provides that the President,
except in cases of impeachment or as otherwise provided therein, may grant reprieves,
communications and pardons, and remit fines and forfeitures, after conviction by the final judgment;
WHEREAS, in accordance with the above-cited constitutional provision, the President has the
plenary power to grant executive clemency, except on the following three (3) constitutional
limitations to wit:
1. In cases of impeachment;
2. In cases involving of election laws, rules and regulations as provided for in Section 5,
Paragraph C, Article IX of the 1987 Philippine Constitution without the favorable recommendation
of the Commission on Elections; and
3. In cases where the conviction is on appeal or has not become final and executor;
WHEREAS, the eight (8) disqualifications or exceptions enumerated and provided for in Section 5
of the Amended Guidelines for Recommending Executive Clemency of the 2006 BPP Revised Manual
are not in consonance with the provisions of Section 19, Article VII of the 1987 Philippine
Constitution, constitute as limitations on the pardoning power of the President, and violate the time-
honored principle of equal protection of the laws enshrined in the Bill of Rights, thus defeating the
primary purpose of restorative justice;
WHEREAS, Section 5, Paragraph a, b, c, d, e, f, g, and h of the Amended Guidelines for
Recommending Executive Clemency discriminates against certain criminal offenders and denies
them equal opportunity for executive clemency;
WHEREAS, under Section 3 of Republic Act No. 9346, otherwise known as "An Act Prohibiting the
Imposition of Death Penalty in the Philippines", enacted on June 24, 2006, persons convicted of
offenses punished with reclusion perpetua, or whose sentences were reduced to reclusion perpetua
by reason of this Act shall not be eligible for parole under Act No. 4103, otherwise known as "The
Indeterminate Sentence Law", as amended;
WHEREAS, under Executive Order No. 83 dated January 11, 1937, the Board of Pardons and Parole
is mandated to assist the President in exercising the power of executive clemency; and
WHEREAS, pursuant to the mandate of the law to redeem and uplift valuable human resources
and prevent excessive deprivation of liberty, there is a need to provide opportunities to qualified
and deserving inmates in order to ease congestion now plaguing the correctional institutions.
WHEREFORE, premises considered, the Board resolves, as it is hereby Resolved, to AMEND and
REPEAL the following provisions of the Rules on Parole and the Amended Guidelines for
Recommending Executive Clemency of the 2006 BPP Revised Manual:
I. Rule 2.1. of the Rules on Parole is hereby AMENDED to read as follows:
"RULE 2.1. Eligibility for Review of A Parole Case - an inmate's case may be eligible for review
by the board provided:
b. Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1)
year;
c. Inmate has served the minimum period of the indeterminate sentence;
d. Inmate's conviction is final and executor;
In case the inmate has one or more co-accused who had been convicted, the director/warden
concerned shall forward their prison records and carpetas/jackets at the same timed. Inmate has no
pending criminal case; and
e. Inmate is serving sentence in the national penitentiary, unless the confinement of said inmate
in a municipal, city, district or provincial jail is justified.
f.
A national inmate, for purposes of these Rules, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine of more than five thousand pesos; or
regardless of the length of sentence imposed by the Court, to one sentenced for violation of the
customs law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it, or to
one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the period of
three (3) years."
II. Rule 2.2, Paragraphs i to l of the Rules on Parole are hereby DELETED for being inconsistent with
the provisions of Section 2 of the "Indeterminate Sentence Law", as amended. Further, said Rule is
hereby AMENDED to read as follows:
"RULE 2.2. Disqualifications for Parole - Pursuant to Section 2 of Act No. 4103, as amended,
otherwise
known as the "Indeterminate Sentence Law", parole shall not be granted to the following inmates:
a. Those convicted of offenses punished with death penalty of life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision treason, rebellion, sedition or coup d' etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents, i.e., those who, within a period of ten (10) 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 any of said crimes a third time or
oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who having been granted conditional pardon by the President of the Philippines shall
have violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with
definite sentence;
i. Those convicted of offenses punished with reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of Republic Act No. 9346 enacted on June 24, 2006,
amending Republic Act No. 7659 dated January 1, 2004; and
j. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."
III. Rule 2.3 of the Rules on Parole is hereby AMENDED to read as follows:
"RULE 2.3. Review Upon Petition or referral by the correctional and/or other agencies
- a parole case may be reviewed by the Board upon petition or referral by the correctional and/or other
agencies if inmate is not otherwise disqualified under Rule 2.2."
IV. Section 1 of the Amended Guidelines for Recommending Executive Clemency is hereby
AMENDED to read as follows:
SECTION 1. Plenary Power of the President to Grant Executive Clemency - Under Section 19
Article VII of
the Constitution, except in cases of impeachment or as otherwise provided therein, the President
may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by
final judgment. Executive clemency rests exclusively within the sound discretion of the President,
and is exercised with the objective of preventing a miscarriage of justice or correcting a manifest
injustice.1avvphi1
These Guidelines are meant solely for the guidance of the Board of Pardons and Parole (hereafter the
"Board") in the performance of its duty to assist the President in exercising the power of executive
clemency pursuant to Executive Order No. 83 dated January 11, 1937. These Guidelines create no
vested or enforceable rights in persons applying for executive clemency."
V. Section 3 of the Amended Guidelines for Recommending Executive Clemency is hereby
AMENDED to read as follows:
"SECTION 3. Extraordinary Circumstances - The Board shall recommend to the President the
grant of
executive clemency when any of the following extraordinary circumstances are present:
a. The trial court or appellate court in its decision recommended the grant of executive clemency
for the inmate;
b. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to
the crime committed;
c. Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;
d. Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the
commission of the offense;
e. Inmates who are seventy (70) years old and above whose continued imprisonment is inimical
to their health as recommended by a physician of the Bureau of Corrections Hospital and certified
under oath by a physician designated by the Department of Health;
f. Inmates who suffer from serious, contagious or life-threatening illness disease, or with severe
physical disability such as those who are totally blind, paralyzed, bedridden, etc., as recommended
by a physician of the Bureau of Corrections Hospital and certified under oath by a physician
designated by the Department of Health;
g. Alien inmates where diplomatic considerations and amity among nations necessitate review;
and
h. Such other similar or analogous circumstances whenever the interest of justice will be served
thereby."
VI. Section 4 of the Amended Guidelines for Recommending Executive Clemency is hereby
AMENDED to read as follows:
"SECTION 4. Other circumstances - When none of the extraordinary circumstances enumerated
in
Section 3 exist, the Board may nonetheless review and/or recommend to the President the grant of
executive clemency to an inmate provided the inmate meets the following minimum requirements of
imprisonment:
A. For Commutation of Sentence, the inmate should have served:
1. at least one-third (1/3) of the definite or aggregate prison terms;
2. at least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
3. at least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other special
laws;
4. at least thirteen (13) years for inmates whose indeterminate and/or definite prison terms were
adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article 70 of
the Revised Penal Code as amended;
5. at least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws, committed on or after January 1, 1994 and sentenced to
one (1) reclusion perpetua or one (1) life imprisonment;
6. at least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or life
imprisonment for violation of Republic Act No. 6425, as amended, otherwise known as "The
Dangerous Drugs Act of 1972" or Republic Act No. 9165 also known as "The Comprehensive
Dangerous Drugs Act of 2002", and for kidnapping for ransom or violation of the laws on terrorism,
plunder and transnational crimes;
7. at least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua or life
imprisonment even if their sentences were adjusted to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as amended;
8. at least twenty-five (25) years for inmates originally sentenced to death penalty but which
was automatically reduced or commuted to reclusion perpetua or life imprisonment.
B. For Conditional Pardon, an inmate should have served at least one-half (_) of the maximum of
the original indeterminate and/or definite prison term."
VII. Section 5 of the Amended Guidelines for Recommending Executive Clemency is hereby
REPEALED.
VIII. Section 10 of the Amended Guidelines for Recommending Executive Clemency is hereby
AMENDED to read as follows:
"SECTION 10. Notice to the Offended Party - In all cases when an inmate is being
considered for
executive clemency, the Board shall notify the offended party or, in the event that the offended party
is unavailable for comment or otherwise cannot be located, the immediate relatives of the offended
party. Said persons shall be given thirty (30) days from notice to comment on whether or not
executive clemency may be granted to an inmate. Provided that, in matters of extreme urgency or
when the interest of justice will be served thereby, such notice may be waived or dispensed with by
the Board. In such a case, the Board shall explain the reason for the waiver of such notice in the
Board resolution recommending executive clemency."
IX. Section 11 of the Amended Guidelines for Recommending Executive Clemency is hereby
AMENDED to read as follows:
"SECTION 11. Publication of Names of Those Being Considered for Executive Clemency -
The Board shall
cause the publication once in a newspaper of national circulation the names of inmates who are
being considered for executive clemency. Provided, however, that in cases of those convicted of
offenses punished with reclusion perpetua or life imprisonment by reason of Republic Act No. 9346,
publication shall be once a week for three (3) consecutive weeks.
Any interested party may send to the Board written objections/comments/information relevant to
the cases of inmates being considered for executive clemency not later than thirty (30) days from
date of publication.
Provided that, in matters of extreme urgency or when the interest of justice will be served thereby,
above publication may be waived or dispensed with. In such publication in the Board resolution
recommending executive clemency."
IX. This Resolution shall take effect upon approval by the Secretary of Justice and fifteen (15) days
after its publication in a newspaper of general circulation. Let copies of this Resolution be likewise
sent to the Office of the President through the Executive Secretary, and the University of the
Philippines (UP) Law Center.