Non Institutional Correction Review

The five pillars of the criminal justice system are

1. Law enforcement
2. Prosecution
3. Courts
4. Corrections –eit210her institution based or non-institution based corrections.
5. Community.

Non institutional correction

Institutional correction
The Philippine Correctional System has two (2) approaches in treating criminal offenders

where she/ he can be treated well until he/she becomes fully recovered and accepted by the
community .

Institution based correction.

Refers to means of correcting individual by placing him\her to an institution or place
Which agency is not part of the non-institutional correction?

• The bureau of jail ,management and penology (BJMP)

• Provincial Jails
• Bureau of corrections (Bucor)
• All of the foregoing

Government agencies that handle institutional correction

The bureau of jail management and penology (BJMP) under the Department of local and
interior Government
Local government Units –Provincial Jails which are under supervision of Provincial Governors
and
Bureau of corrections (Bucor) under the department of justice

The Bureau of Corrections is an agency of the Department of Justice which is charged with
the custody and rehabilitation of national offenders, who have been sentenced to three years of
imprisonment or more. The agency has its headquarters in the New Bilibid Prison Reservation
in Muntinlupa.

Government agencies that handle non institutional based correction

1. The parole and probations administration (PPA) headed by an administrator

2. The board of pardon and parole (BPP)headed by the chairman (secretary of Justice )
3. The Department of Social welfare and development (DSWD) with the secretary as its
head

1. None institutional based correction

 Non institution based corrections community based programs such as probation, suspended
sentence for the first time minor offenders, parole and conditional pardon.

the Parole and Probation Administration,

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 program

Origin of probation

Probation was first legally established in the united states ;however it originated in the methods
used under the common law of England to humanized the criminal justice system .John Augustus
.a famous shoe maker from Boston in 1841 ,is recognized as the father of probation in America
after asking a court in Boston in 1841 to remand a common drunkard into his care instead of
incarcerating the man .this practice is the basis of many of the techniques of probation officers
and other social workers today

probation
Probation was first introduced in the Philippines during the American colonial period (1898
-1945) with the enactment of act 4221 of the Philippines legislature on august 7 1935 the said
legislative measure created a Probation office under the Department of Justice on November
16,1937,after barely two years of existence ,supreme court of the Philippines declared the
probation law unconstitutional because of some defects in the law’s procedural frame work .

It all began in 1972 when congressman teodulo Natividad and Ramon Bagatsing filed the
house bill 393 an act establishing Probation in the Philippines .it was able to hurdle the
legislative process in the house of representative and was pending in the senate when Martial law
was declared abolishing congress

In 1975 the fifth United Nation Congress on the Prevention of crime and the treatment of crime
was held in Geneva ,Switzerland and Congressman Natividad was elected as its first Filipino
vice president

On April 24 1976 congressman teodulo Natividad ,drafted Presidential decree 968 otherwise
known as the adult probation law of 1976 ,which was made ready for presentation at a seminar
on the probation system sponsored by the Napolcom and the UP and law center

Presidential decree 968

PHILIPPPINE PROBATION
Dr Torstein Erickson ,former United Nations International Regional advisor on crime
prevention and criminal justice and Dr .A lamont Smith .Director for research Program ,Planning
and Evaluation Department of corrections Arizona ,participated in the presentation of the draft
decree at the said seminar on the probation system ,which was attended by 369 participants

On July 24 1976 ,the said decree was signed into law by President Ferdinand E Marcos .the
probation system started to operate in 1976 -1977 and become a massive undertaking because all
the judge and prosecutors nationwide had to trained for the proper implementation of probation
method and procedures

Presidential decree 968 finally took effect on January three (3) 1978 a law which was can now
be considered ,an alternative to imprisonment

By virtue of the executive order no 292 on November 23,1989 Probation administration was
renamed Parole and probation administration

FORERUNNERS OF PROBATION
1. BENEFITS OF CLERGY

The earliest device for softening brutal severity of punishment seems to have been the benefit of
clergy.

In English law, the benefit of clergy was originally a provision by which clergymen could claim
that they were outside the jurisdiction of the secular courts and be tried instead in an
ecclesiastical court under canon law. Various reforms limited the scope of this legal arrangement
to prevent its abuse.

as where the judge is not satisfied with the verdict or the evidence is suspicious or the complaint
is insufficient, or he is doubtful, a small felony or any favorable circumstances appear in the
criminal’s character in order to give room to apply to the crown for an absolute or conditional
pardon
JUDICIAL REPRIEVE
It is the withdrawing of sentence for an interval of time whereby the execution is suspended
either before or after judgment.

It is a mechanism whereby a person accused of a crime in custody ,may be released on his own
strength pending trial of his case or on the assurance of a responsible person in the community
that the accused will appear to testify if called during the trial of his case

RECOGNIZANCE OR BINDING OVER FOR GOOD BEHAVIOR

transportation
Transportation was an alternative punishment to hanging. Convicted criminals were transported
to the colonies to serve their prison sentences. It had the advantages of removing the criminal
from society and being quite cheap - the state only had to pay the cost of the journey.
This was chiefly a way of ridding the country of criminals ,which latter developed as a plan for
supplying new colonies with chief labor .it was also an attempt to substitute for brutal
punishment at home and opportunity for rehabilitation in a new country

John Augustus

NOTE: The word probation derives from the latin probare meaning a period of proving or trial
and forgiveness
Probation originated in the U.S. as early as 1841 a Boston shoemaker, John Augustus was
interceding with the courts to suspend the sentence of youthful offenders and alcoholics and
place them in his charge.

John Augustus died on June 21 ,1859,out of nearly 2.000.persons for whom he has become
responsible ,only ten is proven ungrateful for his goodness .there are no exact data as to the
results he obtained ,but Augustus was optimistic .he states that of his first 100 cases only
forfeited the bond

About 1870 Father Cook, became interested in youth that were tried before the court whose cases
were due to circumstances rather than to character. After investigating each case and findings the
offenders not hardened and still susceptible to reforms, he made himself available to the court as
adviser to these offenders.

. MATHEW DAVENPORT HILL

 English Magistrate
 Known as the father of
probation in England
 He has thus acted with regard to juvenile offenders; when there was ground for believing
that the individual was not wholly corrupt when there was reasonable hope of reformation and
when there could be found persons to act as guardians, kind enough to take charge of the young
convict.

EDWARDSAVAGE
 An ex chief of police of Boston
 The first probation officer employed by the Government

FATHER COOK
 He was from Boston
 Became interested in youths who were tried before the courts and whose cases were due
to circumstances rather than character after investigating each case and finding the offenders not
hardened and still susceptible to reforms he made himself available to the court as adviser to
these offenders.

GOVERNOR ALEXANDER RICE

Signed into law the first probation law on April 26, 1878 at Massachusetts.

Who passed the first law probation?

TEODULO NATIVIDAD

 Former NAPOLCOM COMMISSIONER and former CONGRESSMAN of Bulacan

 Known as the Father of probation in the Philippines.
 First probation administrator
Congressman Ramon Bagatsing
 Co-author of house bill 393 with congressman Natividad or an act establishing Probation
in the Philippines
Ferdinand Marcos
 President of the Philippines who approved and signed Presidential decree 968 ,as
amended ,on July 24 ,1976

THE FIRST STATE TO ENACT AND ADOPT PROBATION?

April 26 1878
The first probation law was passed by the legislature of Massachusetts and signed by governor
Alexander H Rice.

1897
Massachusetts became the 1st state to enact and adopt Parole of convicted probation law

1898
Vermont became the 2nd state to enact a real probation law

1899
Rhode Island followed as the 3rd state to enact a real probation law .A complete state
administered system appeared first here Minnesota and Illinois enacted laws giving probation
service to children only

1st- Masachussets
2nd- vermont
3rd- Rhode island
4th- New jersey
5th- New York
MVRNN

1900
New Jersey joined the other states as the 4th state to pass a general probation law after the New
England Model .Also New York became the fifth state to provide for adult probation

Presidential Decree No. 968, As Amended

PD 968 is the Probation law of 1976 which was promulgated on July 24 ,1976. This law applies
to
1) adult offender and
2) first time minor offender under section 70 of the comprehensive dangerous drug act of
2002 (RA 9165) and

Amendatory laws on PD 968

1) PD No 1257 – took effect upon its issuance on December 1, 1997 amending sections 4, 7
par (1) 15 33
2) Batas Pambansa BLg 76 –took effect upon its approval by the President on June 13 ,1980
amending section 9 and
3) child in conflict with the law under section 42 of the Juvenile and justice Welfare Act of
2006 ( RA No 9344) Minors are covered by PD No 603 ( the Child and Youthful Welfare Code)
as amended by PD No 1179 and by RA No 9344
3) PD no 1990 amended the aforementioned section 4 and 9 ,it was promulgated on Oct
5,1985 ,it took effect on January 15,1986 after 15 days from the date of its publication.
4) RA No 9344 (Juvenile Justice and Welfare Act of 2006) amended section 4 of PD No 968
5) RA 10707 an act amending PD 968 otherwise known as probation law of 1976 as
amended

PD NO 968 as amended apply to all offenders ,exceptions

1. Legally disqualified offender under section 9 of PD No 968 as amended by PD No 1990
2. Offenders covered by PD No 603-the child and youthful welfare Code was promulgated
on December 10,1974 and took effect on

June 8, 1975 as amended by PD no. 1179 which took effect on October 11,1977 .however under
section 70 of dangerous drug act of 2002 (RA 9165) a first time minor offender may be placed
under probation at the court ‘s discretion

3. Similar laws refers to law which specifically deny the benefits of the Probation law , to
wit:

a) Omnibus election Code of the Philippines (Batas Pambansa blg 881)

b) Wage rationalization Act (RA No 6727)
c) The Comprehensive Dangerous Drugs act of 2002 (RA NO 9165)

Sec. 2. Purpose. — This Decree shall be interpreted so as to:

a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;

b) provide an opportunity for the reformation of a penitent offender which might be less probable
if he were to serve a prison sentence; and.
C) prevent the commission of offenses..

Sec. 3. Meaning of Terms. — As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:

a) Probation" is a disposition under which a defendant, after conviction and sentence, is

released subject to conditions imposed by the court and to the supervision of a probation officer..
b) Probationer" means a person placed on probation.
c) Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.
 Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment 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. 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. 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 fifteen days (15) 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.

The court shall inform in writing the probation officer and the probationer of any change in the
period or conditions of 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

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.
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.

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.

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.

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.

PAROLE AND EXECUTIVE CLEMENCY

Parole is granted by the board of pardons and parole while cases regarding executive
clemency are decided by the president of the Philippines

Parole- BPP
Executive clemency- president

PAROLE DEFINED
Parole is derived from the French concept of parole d honneur and is used in the sense of word
of honor .Thus the correctional institution and a service by which they are provided with
necessary control and guidance as they serve the remainder of their sentences within community

Parole was created under Act No 4103 0r otherwise known as the indeterminate sentence law
,while the 1987 constitution serves as the legal basis of executive clemency

It is a procedure by which the prisoners are selected for release on the basis of individual
response and progress within the correctional institution and a service by which they are
provided with necessary control and guidance as they serve the remainder of their sentences
within the community

PAROLE

Parole in US History- New York became the first state to adopt a comprehensive parole system
in 1907
Today the board of pardon and parole defined parole as conditional release of a prisoner from
correctional institution, after serving the minimum period of his indeterminate sentence.

Note the first Parole law affecting adult offender was passed in Ohio in 1884

The best type of parole granting agency is the full time central independent board in some
jurisdiction including the Philippines the parole granting agency is a part time board .efficient
administration can not be expected from a part time agency no matter how sacrificing the
members are because they are themselves burdened with their own personal or official problems
if they employed elsewhere they do not have sufficient time to study individual cases for parole .

PAROL ADMINISTRATION
Granting agencies
Generally there are three types of agencies granting parole :
1. The institutional boards
2. Chief executive
3. The centralized board
1) Manipulative techniques
are the ways of helping parole by altering his environmental conditions so as to bring out
satisfactory social adjustment in the individual .

2) Executive techniques
This is the method of helping paroles by which the parole office performs referral service .

CASE WORK TECHNIQUES

1. Manipulative techniques
2. The executives technique
3. The guidance ,counseling and leadership techniques

3) The guidance,counseling and leadership techniques

These techniques require the parole officer must be well versed with the science of human
behavior .he should know the motivation which cause the person to react the way he did under
certain situations ,he should try to determine what caused his ward to follow a certain cause of
action .he should attempt to influence and guide his clients into solving their problems

1. Manipulative techniques- ALTERING ENVIRONMENT

2. The executives technique- REFERAL SYSTEM
3. The guidance ,counseling and leadership techniques- VERSED WITH SCIENCE OF
HUMAN BEHAVIOR

19th century two prisons administrator in Europe contributed to the development of parole
,namely colonel Manuel Montesinos of Spain and George Michael Obermair of munich
Germany .Montesinos encourage vocational training and educations while Obermair set up
industrial shops in his prison and assigned trusted prisoners as their superintendent

,moreover in 1840 ,captain alexander Macanochie who served as the penal superintendent at
norfok Island colony in Australia introduced the use of ticket of leave or conditional released as
equivalent to parole .

TICKET OF LEAVE

Note : Macanochie is known as the father of parole

Although parole originated in Europe ,it developed faster in the United states Dr. S.G. Howe of
Bostons was the first man who used the word parole
HISTORY OF PAROLE IN THE PHILIPPINES

LEGAL STATUTES

Act no 4103 otherwise known as the indeterminate sentence law (promulgated on December 5
1933)

In 1869 some Americans prison reformers went to Ireland to observe its prison system that was
instituted by sir Walter Crofton upon their return to the United states ,they pushed for the
approval of the law ,creating the Elmira reformatory in New York ,which was inaugurated in
1876 .this is famous institution is the forerunners of parole in the United states

serve As the administrative arm of the president to grant executive clemency thereafter
,executive order no 94 ,the organizational act of 1947 was signed and changed finally the board
of pardons to the board of pardon and Parole
How was the board of pardon and parole (BPP) created

In view of act no 4103 ,the board of indeterminate sentence was created .in view of executive
order 83 ,series of 1937 the board of indeterminate sentence was changed to board of pardon and

Amended by executive order 83 ,series of 1937 gave the board the authority to advice the chief
executive on the course or course of action to take on petition for executive clemencies
Renamed the board of indeterminate sentence to board of pardons

Board of indeterminate sentence

Act no 4103 –otherwise known as the indeterminate sentence law

PAROLE AND PROBATION ADMINISTRATION ORGANIZATIONAL SET UP

1: The administration shall be headed by administrator .who shall be immediately assisted by a
deputy administrator. The administrator and deputy administrator shall be appointed by the
President of the Philippines

Amended by executive order no 94 ,otherwise known as

The reorganization law of 1947
Which abolished the board of pardons and created the board of pardons and Parole (BPP)

2: 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
 The appointees to the position of administrator and deputy administrator must be holder of a
doctoral degree /masteral degree in public administration and/or a lawyers with at least one year
of supervisory experience in probation work.

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 recommendation of the
administrator
3: the administration shall likewise continue to operate and maintain Regional Office in each of
the administrative Region including the National Capital region and also probation and Parole
office in every province and city of the country.

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

DIFFERENCE BETWEEN PAROLE AND PROBATION

thus giving him the opportunity to gradually assume the responsibilities of a freeman .Both
releases subject to the same set of condition ,a violation of any of such condition s will subject
the parolee or pardonee to be recommitted to prison. The only difference between the two is the
is the granting authority . In Parole the granting authority is the board of Pardon and Parole
.while in conditional Pardon the granting authority is the President
CONDITIONAL PARDON DISTINGUISHED FROM PAROLE
The purpose of conditional pardon and parole is the same –the released of a prisoner who is
already reformed in order that he can continue to serve his sentence outside of the institution ,

COMPOSITION OF THE BOARD OF PARDON AND PAROLE

The BPP are composed of 7 members all appointed by the President of the Philippines with the:
1. secretary of justice - chairman
2. sociologist - member
3. clergyman - member
4. Penologist - member
5. Educator - member
6. Lawyer - member
7. At least one woman - member

THE BOARD OF PARDON AND PAROLE

The board of pardon and parole is the administrative arm of the President of the Philippines in
the exercise of his constitutional power to grant ,except in cases of impeachment ,reprieves
,commutation and pardon after conviction by final judgment

1) those convicted of an offense punished with death penalty, reclusion perpetua or life
imprisonment;
2) those convicted of treason, conspiracy or proposal to commit treason or espionage;
3) those convicted of piracy or mutiny on high seas or Philippine waters;

REVISED RULES AND REGULATIONS OF THE BOARD OF PARDON AND PAROLE

DISQUALIFICATION FOR PAROLE
Section 2, Act 4103 provides that parole shall not be granted to the following prisoners:

5) those who escaped from confinement or evaded sentence;

6) those who having been granted conditional pardon by the President of the Philippines
shall violate any of the terms thereof;
7) those whose maximum term of imprisonment does not exceed one year or those with
definite sentence;
8) those suffering from any mental disorder as certified by a government
psychiatrist/psychologist:

4) 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 the said crimes a third
time or oftener.

NATIONAL PRISONERS
A national prisoners ,for the purpose of these Rules ,is one who is sentenced to
1. a maximum term of imprisonment of more
than 3 years or
2. fine of more than five thousand pesos or
3. one sentenced for violation of custom law or.
4. Other law within the jurisdiction of the
Bureau of customs or enforceable by it or
5. To one sentenced to serve two or more
prison sentences in the aggregate
exceeding the period of three years

9) those whose conviction is on appeal or has not yet become final and executory;
10) those who have pending criminal cases;
 those national prisoners serving sentence in a municipal, city, district or provincial jail
unless the confinement is in good
3) Administration – refers to parole and probation administration
4) Administrator refers to the administrator of parole and probation administration
5) Probation and Parole officers refers to the probation and Parole officer undertaking the
supervision of the client

DEFINITION OF TERM
1, Board -refers to board of pardon and
parole
2, Executive director- refers to the
executive director
/secretary of the
board

7) Director –refers to the director of bureau of corrections.

8) 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
9) Warden – refers t the officer in charged of the provincial ,city municipal or district jail
10) Parole- refers to the conditional release of prisoner from a correctional institution after
he serve the minimum of his prison sentence

6) Carpeta- refers to institutional record of an inmate which consist of his mitimmus or

commitment order issued by the court after conviction the prosecutor information and the
decision of the trial courts and appellate courts ,if any certificate of non appeal ,certificate of
detention and other pertinent documents

12) Absolute pardon – refers to 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 remit the penalty imposed for the particular offense of which he was convicted
13) Conditional pardon: refers to the exemption of an individual ,within certain limits or
condition ,from the punishment which the law inflicts for the offense he had committed resulting
in the partial extinction of his criminal liability

11) 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

16) Clients refers to a parolee /pardonee who is place under supervision of a probation and
parole officer
17) Petitioner refers to the prisoner who applies for the grant of executive clemency or parole
18) Parole supervision – refers to the supervision /surveillance by the probation and parole
officers of a parolee.
19) Parolee- refers to a prisoner who is released on parole

14) Commutation of sentence – refers to the reduction of the duration of a prison sentence
of a prisoner .
15) 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

22) Regional director-refer to the head of the probation and parole administration in Region .
23) Released document refers to the discharged of on parole issued by the board.
24) 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 latters final release and discharge .

20) Pardonee refers to a prisoner who is release on conditional pardon

21) Prison record- refers to information concerning an inmates ‘s personnal circumstances
,the offense he committed ,the sentence imposed in the trial and appellate courts.

26) Infraction report refers of the report submitted by the probation and parole officer
violations committed by a parolee /pardonee of the conditions of his release on parole or
conditional pardon while under supervision

Section 3; a 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 prisoners control .

25) Progress report refers to the report submitted by the probation and parole officer on the
conduct of the parolee /pardonee while under supervision

3) to one sentenced for violation of customs laws or other laws within the jurisdiction of the
bureau of customs or enforceable by it
4) to one sentenced to serve (2) 0r more prison sentences in the aggregate exceeding the
period of three (3) years

A National prisoner for the purpose of these rules, is one who is

1) sentenced to a maximum term of imprisonment of more than three(3) years or
2) to a fine of more than five thousand pesos or regardless of the length of sentence imposed
by the court

The President of the Philippines

Thru : chairman
Board of pardon and parole
DOJ agencies BLDG .NIA Road cor ,East avenue
Diliman Queson City
Petition for parole shall be addressed to the chairman or to the executive director of the board
However ,the board may motu propio ,consider cases for parole ,commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby

PETITION FOR EXECUTIVE CLEMENCY

SECTION 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
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
a) the prisoner case eligible for review by the board
b) he is not disqualified from being granted parole

Section 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
naturalized Filipino his former nationality and date of naturalization his previous occupation
place of residence

a) The affidavit of at least (2) responsible members of the community where the petitioners
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 petitioners
occupation and his social activities including religious involvement.
b) The clearance from the national Bureau of investigation the Philippine National Police
,the prosecutors office ,the Municipal circuit trial court ,the Municipal trial court. The municipal
trial court n cities ,the metropolitan trial court and the Regional trial curt where petitioners
resides
section 7: supporting documents of 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

Section 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
c) Proof of payment of indemnity and /or fine.or in lieu thereof certification from
city/municipal treasurer or probation and parole officer on his financial order of probation
d) Proof of service of sentence or certificate of final release and discharge or court’
termination order of probation

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 regulation ,a petition for executive clemency .parole shall be referred to
the commission on election 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
Section 9 referral of petition for executive clemency -/parole to government agencies – a petition
for executive clemency shall be referred by the board to the

for comments and recommendation

EXECUTIVE CLEMENCY
SECTION 10; Review of cases for executive clemency –Petitions for executive clemency may
be reviewed if the prisoners meet the following minimum requirements

who shall submit a report on the behavior ,character ,antecedents ,mental and physical condition
of the petitioner within 30 days from receipt of referral ,to include the results of the National
Bureau of investigations records book

3. At least (12) years for prisoners whose sentence were adjusted to a definite prison term of
forty (40) years in accordance with the provision of article 70 of the Revised penal code
4. At least (15) years for prisoners convicted of heinous crime 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 20 years in case of one or more death penalty /penalties which was /were
automatically reduced or committed to one (1) or more reclusion perpetua or life imprisonment

for Commutation of sentence

1. The prisoner shall have served at least 1/3 of the minimum of his indeterminate sentence
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

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 discharged under the provision of
section ^ 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) emigrating
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 heinous crime as defined in republic act no 7659 and other special laws he shall
have served at least ½ of the maximum of his original indeterminate sentence before his case
may be reviewed for conditional pardon

Section 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 eligibility for review as specified in section 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 90
days and those who may be considered for executive clemency.

Section 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 year from the date
or their last recommitment to prison or conviction for evasion of service of sentence

Section 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 a law abiding and that his release will not
be incompatible with the interest and welfare of society

SECTION 13 :Review of cases of parole : Unless otherwise disqualified under section 15 of

these rules ,a case for parole of a prisoner shall be reviewed upon showing that he is confined in
jail or prison 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

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 the period of ten (10) years
from the date release from prison or last conviction of the crime of serious or less serious
physical injuries ,robbery ,theft ,estafa and falsification of any of said crime a third time or
oftener
f) Those who escape from confinement or evaded the service of sentence

Section 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

Section 16. deferment of parole when safety of prisoner /victim/relatives of victim/ witness
compromised- based on 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 of ,safety and well being of the victim ,his relatives,his witness and the
community,the release of the prisoner shall be deferred until the danger ceases .

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
The board or its authorized representative shall interview an inmate who was sentenced to
reclusion perpetua or life imprisonment or whose sentence had been commuted from death to
reclusion pepretua
Before an interview ,the board may require a prisoner convicted of a heinous crime as defined
under republic act No 7659 and other special law to undergo psychological .psychiatric
examination if the prisoner has a history of mental disability or in any case if the board finds a
need for such examination in the light of the nature of the offense committed of its commission

V :PROCEEDING OF THE BOARD

Section 17: Interview of prisoners- Any board member or government official authorized by the
board may interview prisoners confined in pris0n or jail to determine whether or not they may be
released on parole or recommended for executive clemency

released on parole or for recommendation for absolute or conditional pardon .

Section 19: objection to petitions –when an objection is filed the board may consider the same by
requesting the person objection to attach thereto evidence in support thereof in no case,however
shall an objection disqualify from executive clemency /parole the prisoner whom the objection is
filed

Section 18 Publication of those eligible for executive clemency /parole

The board shall cause the publication in news paper of general circulation the names of prisoners
convicted of heinous crime or those sentenced by final judgment to reclusion perpetua or life
imprisonment who maybe considered for

Section 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 condition
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

section 23.meetings ; the board shall meet in executive section regularly or upon the call of the
chairman .

section 24: Quorum : a majority of all the members of the board shall constitute a quorum.

SECTION 27; Parole supervision : after release from confinement a client shall be placed under
the supervision of a probationer and parole officer so that the former may be guided and assisted
towards rehabilitation
The period of supervision shall extend up to the expiration of the maximum sentence which
should appear in the release document ,subject to the provision of section 6 of act no 4103with
respect to early grant of final release and discharge

Section 26: executive clemency /parole of an alien –the board may recommend the grant
executive clemency or grant of 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

Section 29; TRANSMITTAL OF RELEASED DOCUMENT

The board shall send a copy of the Release document to the prisoner through the director of
corrections or Warden of the jail where he is confined .on the date of actual release of the
prisoner ,the director or warden concerned shall send a certification of said release to the
probation and Parole officers specified in the Release Document.

Section 28; RELEASED, FORM OF RELEASE DOCUMENT

A prisoner shall be released upon the grant of parole .such grant of parole shall be evidenced by
the released document ,which shall be in the form prescribed by the board and shall contain the
latest 1’X 1” photograph and right thumbprint

If the parolee fails to report within forty (45) days from the date of his release from
confinement ,the probation and parole officer shall inform the board of such failure for the
boards appropriate action
Section 31; ARRIVAL REPORT
Within 15 working days from the date when the parolee reported for supervision ,the probation
and parole officer concerned shall inform the board through the technical service of the
Probation and parole administration of such fact

Section 30; initial report

Within the period of prescribed in his release document ,the Parolee shall present himself to the
probation and parole officer specified in the released documents for supervision

Section 33: Review and modification of conditions

review and modification of parole condition : The board may,motu propio or upon
recommendation of the probation and parole administration ,revise or modify and terms
condition appearing in the released documents

Section32; MANDATORY CONDITION

It shall be mandatory for a parolee to comply with the terms and condition appearing in the
release documents

Section 35; OUTSIDE TRAVEL

A chief probation and parole officer may authorize a parolee 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 .

Section 34; TRANSFER OF RESIDENCE

 A parolee may not transfer from the place of residence designated in his released documents
without the prior written approval of the Regional director subject to confirmation of the board

Section 37: DEATH OF CLIENT

If a parolee dies during the parole supervision ,the probation and parole officer shall
immediately transmit a certified true copy of the parolee ‘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 parolee resided ,shall suffice
Section 36: TRAVEL ABROAD AND/OR WORK ABROAD
Any parolee 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

2) Infraction report- when the parolee has been subsequently convicted of another crime
3) A violation report - when a parolee commits any violation of the terms and condition
appearing in his release document or any serious deviation or non observance of the obligation
set forth in the parole supervision program .
INFRACTION /VIOLATION OF THE TERMS AND CONDITION OF TTHE RELEASE
1) A progress report when a parolee commits another offense during the period of his parole
supervision and the case filed against him has not yet been decided by the court or on the
conduct of the parolee while under supervision

SECTION 41; EFFECT OF RECOMMITMENT OF PAROLEE

The parolee 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

SECTION 40 ARREST OF CLIENT

Upon receipt of an infraction report the board may order the arrest or recommitment of the
parolee

SECTION 43; Review of case of recommitted parolee:the board may consider the case of
recommitted parolee for the grant of a new parole after the latter shall have served one fourth ¼
of the unserved portion of his maximum sentence
SECTION 42: WITHDRAWAL OF RELEASED DOCUMENT
The board may recommend the withdrawal of the released document if it find that material
information given by the parolee of the board ,either before or after release was false or
incomplete, or that the parolee had willfully or maliciously concealed material information from
the board

Section 44: CERTIFICATE OF FINAL RELEASED AND DISCHARGED

Upon receipt of the summary report ,the board shall upon recommendation of the chief of the
probation and parole officer that the parolee ha substantially complied with all the conditions of
his released document .issue to the parolee a certificate of final released and discharged

SUMMARY REPORT
After termination of the maximum sentence of a parolee ,the probation and parole officer
concerned shall submit to the board ,through the chief probation and parole officer a summary
report of his supervision of a parolee
The clearances from the police , court, prosecutor’s office and barangay official shall be attached
to the summary report .

Section 46 TRANSMITTAL OF CERTIFCATE OF FINAL RELEASED AND DISCHARGED

The board shall forward a certified true copy of the certificate of final release and discharge to
the parolee, the court which imposed the sentence, the Probation and Parole officer concerned
,the Bureau of Corrections ,the National Bureau of investigation ,the Philippine National Police
and the office of the President.

Section 45 EFFECT OF CERTIFCATE OF FINAL RELEASED AND DISCHARGED,

Upon the issuance of a certificate of final released and discharged ,the parolee shall be finally
released and discharged from the conditions appearing I n his release document
However , the accessory penalties remitted of the law which have not been expressly remitted
therein shall subsist.

is not subject to review by the courts ,neither does the legislative branch of the government have
the right to establish conditions nor provide procedures for the exercise of clemency
Form of executive clemency
1. Pardon
Is a form of executive clemency which exercises by the chief executive ,it is an act of grace and
the recipient of pardon is not entitled to it as a matter of right the exercise of pardon is vested in
the executive ,is discretionary and

In England ,pardon develop out of conflict between the king and the nobles who threatened his
power . Pardon was applied to member of Royal family who committed crimes and occasionally
to those convicted of offenses against the royal power .it was the general view that the
pardoning power was the exclusive prerogative of the king . In England today the power to
extend pardon is vested in the queen upon advise of the of the Minister of interior
HISTORY OF PARDON
The exercise of pardoning power has always been vested with in the hands of executive branch
of the government ,whether king, ,Queen, President or Governor .Pardon dates back at the pre
Christian era .in fact the bible contain an allusion where a criminal was released and pardoned by
the king at the time Christ was crucified .

In the Philippines, the pardoning power is vested in the President by sec 19 Art V11 of the 1987
constitution.
Except in cases of impeachment ,or reprieves or as otherwise provided in the constitution ,the
President may grant reprieves, commutations, and pardons ,and remit fines and forfeiture ,after
conviction by final judgment .he shall also have the power to grant amnesty with the concurrence
of a majority of all members of the congress
In the United states, pardon among the early American colonist was a carry over of the English
practice .the pardoning power was exercise by the royal governor through the power delegated
by the king .after the declaration of independence, the federal and states constitution vested the
pardoning power on the president of the United states and the Governor in federal and sates
cases respectively

Purpose of absolute pardon

1. to do away with the miscarriage of justice
2. to keep abreast with the current Philosophy ,concept or practice of criminal justice
administration
3. to restore full political and civil rights of persons who have who have already served
their sentence and have waited the prescribed period .

Different kinds of pardon

1. absolute pardon –refers to the total extinction of the criminal liability of the individual
to whom it is granted without any condition .it restore to the individual his civil and political
rights and remit the penalty imposed for the particular offense of which he was convicted

limitation on the pardoning power

the power of the chief executive to grant pardon is limited to the following
1. pardon cannot be extended to cases of impeachment
2. No pardon ,parole or suspension of sentence for the violation of any election law ma be
granted without favorable recommendation of the commission on election
3. Pardon is exercise only after conviction

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

A conditional pardon is in the nature of a contract between the chief executive and the convicted
criminal ,the convict consent to the term stipulated in the contract ,the convict has placed himself
under supervision of the chief executive or his delegate who is duty bound to see to it that the
convict complies with the conditions of pardon

2. conditional pardon refers to the exemption of an individual ,within certain limits or

condition ,from punishment the law inflict for the crime he has committed Resulting in the
partial extinction of the criminal liability
.its action or proceeding is governed by the provision of section 4 of Act No 4103. otherwise
known as the indeterminate sentence law ,as amended ,and executive order no 292 otherwise
known as the administrative code of 1987 .
What agency recommend to the President the grant of Pardon
Pardon may be granted by the president of the Philippines upon recommendation of the board of
pardon and parole .the BPP is the agency in charge with the release of sentenced prisoners based
on modes specified by law

What are remedies of the state if condition of pardon is violated

Under section 64 of the RAC ,the chief executive is authorized to order the arrest and re
incarceration of any such person who ,in his judgment ,shall fail to comply with the condition or
conditions of his pardon ,parole or suspension of sentence Upon determination that a prisoner
granted a conditional pardon has violated the conditions thereof ,the

What is the effect of pardon by the chief executive

1) an absolute pardon extinguishes the criminal liability of the offender
2) It does not exempt the culprit from payment of the civil indemnity imposed in the
sentence
3) it does not restore the right to hold the public office or the right of suffrage unless such
right expressly restore by the term of the pardon

1) re arrested and re incarcerated by order of the president under RAC

2) Prosecuted under art 159 of the RPC when the penalty remitted is 6 years and below
,there will be an additional penalty, over six years ,the remaining sentence shall be served
without additional penalty

Thus when the condition is violated the offender is considered in evasion of the service of
sentence and shall be:

Reprieve- is the temporary stay of the execution of sentence .like pardon ,reprieve can only be
exercised by the president when the sentence has become final .generally reprieve is extended to
death penalty prisoners .the date of the execution of sentence is set back several days to enable
the chief executive to study the petition of the condemned man for computation

Amnesty – is an act of grace given with the concurrence of congress .it is usually extended to
groups of person who committed political offenses .it abolishes the offense itself.
Note: act no 2489 ,otherwise known as industrial good time law ,provides that when a prisoner
has been classified as trusty or penal colonist,he is given an additional 5 days time allowance for
every month of service .a prisoner serving life sentence has his sentence automatically reduced to
3o years of imprisonment upon attaining the classification of trusty or penal colonist

Some of the proclamation of amnesty are as fallows

1. Proclamation no 51 – this proclamation was issued by the late President Manuel Roxas
on January 28 1948 granting amnesty to those who collaborated to with the enemy during world
war 11
 2. Proclamation No 76 – this was issued by president Elpidio Quirino on June 21,1948
,extending amnesty to leaders of Hukbalahap and Pambansang kaisahan ng mga magbubukid ,the
amnesty applies to crime of rebellion,sedition ,illegal association ,assault, resistance and
disobedience to person in authority and illegal possession of firearm

Purposes of commutation
Some of the common uses of commutation are the following
1. To break the rigidity of the law
2. To extend parole to case where parole law does not apply
3. To save the life of person sentence to death

commutation –
is an act of clemency by which an executive act changes a heavier sentence to a less serious one
or a long term to a shorter term .it may alter death or life sentence to a term of years
,commutation does not forgive the offender but mere ly reduces the penalty of life sentence for a
term of years

Pursuant to the authority vested by law on the Secretary of Justice, the following implementing
Rules and Regulations are hereby promulgated according to the provisions of Section 19 (d) and
6 of Presidential Decree (PD) No. 968, the Probation Law of 1976, embodied in Sections 23-25,
Chapter 7, title III, Book IV, Executive Order No. 292, otherwise known as the Administrative
Code of 1987.
PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES
ON PROBATION METHODS AND PROCEDURES

Section 2. Policy Objectives and Declared Purposes. – These Rules are adopted to carry out to
purposes of PD 968, as follows:
a) to promote the correction and rehabilitation of an offender by providing him with
individualized community based treatment;
b) to provide an opportunity for his reformation and re-integration into the community; and
c) to prevent the commission of offenses

Section 1. Title. – These Rules shall be known and sited as the “Parole and Probation
Administration Omnibus Rules on Probation Methods and Procedures” or, for brevity,
“Probation Rules” or simply “Rules”

the pertinent provisions of the Administrative Code of 1987, and the policy objectives and
declared purposes of these Rules, in line with the well-settled social justice orientation of the
1987 Constitution.
 In the event of doubt, or conflict the spirit and intent of the Probation Law and these
Rules shall prevail over the letter or literal provisions thereof, considering that they partake of
social legislation and are special laws in nature and character.

Section 3. Liberal Construction – These Rules shall be liberally construed so as to successfully,

efficiently, and effectively implement, carry out and effectuate the social justice spirit, intent and
rationale or, summarily, the “spirit and intent”, of the Probation Law, and

b) Petitioner” – a convicted defendant who files an application for probation;

c) Probationer” – a person who is placed under probation ;
d) Probation officer” – public officer like the Chief Probation and Parole Officer (CPPO),
supervising Probation and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO),
Parole and Probation Officer II (PPOII), or Parole and Probation Officer I (PPOI), who
investigates for the Trial Court a referral for probation or supervises a probationer or does both
functions and performs other necessary and related duties and functions as directed

Section 4. Definition of terms a) “Probation” – a disposition under which a defendant, after

conviction and sentence, is released subject to conditions imposed by the Trial Court and to the
supervision of a Probation Officer.

g) Probation Order” – order of the Trial Court granting Probation.

The appearance of the above-mentioned Parole and Probation Administration (PPA) officials,
upon written invitation or order of the Trial Court, may be on issues on Probation services only
not on legal questions, the latter issue being within the province of the courts to decide or
resolve.

e) Trial Court” – refers to the Regional Trial Court (RTC) of the province or City/Municipal
Court which has jurisdiction over the case;
f) Probation Office” – refers either to the Provincial or City Probation Office directed to
conduct investigation or supervision referrals as the case maybe;

II. APPLICATION FOR PROBATION

Section 6. Filing. – Application for probation shall be filed with the Trial Court which has
jurisdiction over the case.
Section 7. Time for Filing. – The applicant shall file his application with the Trial Court at any
time after conviction and sentence but within the period for perfecting his appeal as provided by
the Rules of Court.
Section 5. Amicus Curiae – Upon written invitation by the Trial Court, the Administrator and/or
Deputy Administrator, for the Agency Level, Regional Director, for the Regional Level, Chief
Probation and Parole Officers for the City or Provincial Level may appear as amicus curiae on
any probation investigation and supervision issue, concern or matter.

Section 10. Comment. – the Prosecuting Officer may submit his comment(s), if any, on the
application within a reasonable time given to him by the Trial Court from his receipt of the
notice to comment.
 Section 9. Notice of the Prosecuting Officers of the Filing of the Application. – the Trial Court
may notify the concerned Prosecuting Officer of the filing of the application at a reasonable time
it deems necessary, before the scheduled hearing thereof.

submit the Post-Sentence Investigation Report (PSIR) within sixty (60) days from receipt of the
order of said court to conduct such investigation with findings and recommendation as stated in
PD 968, as amended.
Section 12. Docket Book. – All court orders for PSI, copies of which were received by
the Probation Office, shall be numbered consecutively in the order received by said Office and
recorded in its Docket Book for the purpose, indicating therein, among others, the date of receipt
thereof, court, its branch and address, applicant’s name, criminal case number,
description/designation of the offense, penalty imposed, and other related data and information.

Section 11. Referral to Proper Probation Office. –

If the Trial Court finds that the application is in due form and the applicant appears to be
qualified for the grant of Probation, it shall order the City or Provincial Parole and Probation
Office within its jurisdiction to conduct a Post-Sentence Investigation (PSI) on the applicant and

Section 13. Effects of filing and receipt. –

a) The Trial Court may, upon receipt of the application filed, suspended the execution of the
sentence imposed in the judgment.
b) Pending the submission of the PSIR (PPA Form 3) and the resolution on the application,
the applicant may be allowed on temporary liberty under his bail filed in the criminal case:
Provided, that, in case where no bail was filed or the applicant is incapable of filing one, the trial
court may allow the release of the applicant on recognizance to the custody of a responsible
member of the community who shall guarantee his appearance whenever required by the trial
court.

Corollary to this, the trial court may direct the applicant to report to the proper probation office
within seventy-two (72) hours from the receipt of such order.

Section 15. Initial Interview Work Sheet: Waiver. –

a) Within five (5) working days from receipt of said delegated assignment (or self-
assignment), the investigation probation officer on case (or chief probation and parole officer)
shall initially interview the applicant if the appeared in the probation officer upon response to the
seventy-two (72) hours limitation given to him by the trial court. if not, the probation officer on
case may write the applicant in his court given address, or personally visit applicant`s place to
schedule an initial interview at the probation officer.

III. POST-SENTENCE INVESTIGATION

Section 14. Assignment. – After receipt from the trial court, the City or Provincial Parole and
Probation Office concerned, through the CPPO shall assign the same to the office clerk for
docketing and eventual assignment to a subordinate investigating Probation Officer for the
conduct of the PSI or conduct such investigation himself.
b) A waiver-Cum-authorization (PPA form 2), authorizing the PPA and /or the probation
officer to secure any and all information on the applicant, shall be duty executed and signed by
him.
Section 16.scope and extent – after accomplishing the post-sentence investigation work
sheet and the Waiver-Cum-Authorization, he same shall be immediately submitted to the
probation office. The investigating probation officer on case or CPPO shall conduct a thorough
investigation on the antecedents, mental and
During such initial interview, the probation officer on case or CPPO shall require the applicant to
accomplish and sign a post-sentence investigation work sheet (PPA form 1). The investigation
probation officer on case or CPPO shall conduct further investigation bases on the information
contain therein.

In case applicant has a criminal record(s), such should be verified with the proper government
agencies as to its disposition/resolution which has/have to be property reflected in the PSIR.
For the sake of obtaining addition information or clarity conflicting data, the investigating
probation officers on case may conduct further and interview to avoid discrepancies of
facts/information.

physical condition, character, socio-economic status and criminal records. If the any, of the
applicant and the institutional and community resources available or his rehabilitation.

Section 18. subsequent or further interviews – to obtain additional data, counter check, or clarity
discrepancies between the information received from the applicant and those secured from other
sources, the investigating probation officer on case or CPPO may conduct subsequent or further
interview on the applicant
Section 17. collateral information – during the conduct of the PSI, collateral information must be
gather from those persons who have direct personal knowledge of the applicant, offended party.,
family member, and/or their relatives, including barangay officials and disinterested persons.

During such interview and information-gathering processes, the applicant those not necessarily
to be represented and assisted by counsel
Section 20. Confidentiality of Post-Sentence Investigation Information. - The investigating
Probation and Parole Officer on case or CPPO shall inform the applicant of the confidential
nature of the information taken during the PSI and the limited scope and extent, whereby said
information, may be disclosed only to some statutorily designated authorities and entities
pursuant to Section 17 of PD 968, as amended, and Section 64 of these Rules.

Section 19. nature of interview – the data and information gathered from the interview of the
applicant and/or other persons and from other collateral information, as well as law enforcement
agencies, shall be strictly privileged and confidential in nature.
or within reasonable time therefrom, said office shall first exert best diligent efforts to inquire on,
search, find and locate his/her whereabouts before it shall report such fact with appropriate
recommendation to the proper court, considering the surrounding circumstances of place, date
and time, his/her health condition and other related factors.
Section 21. Absconding Applicant. - If the applicant whose application for Probation has been
given due course by the proper court has failed to present himself/herself to the proper office
within seventy-two (72) hours from his/her receipt of the Probation Order

Section 23. Purpose. - The PSIR aims to enable the Trial Court to determine whether or not the
ends of justice and the best interest of the public primarily, as well as that of the applicant, would
be served by the grant or denial of the application.
IV. POST-SENTENCE INVESTIGATION REPORT
Section 22. Submission. – After the completion of the PSIR (PPA Form 3), the probation Office
shall submit such PSIR to the Trial Court within the period prescribed in Section 7 of the
Probation Law of 1976,as amended, or within the period ordered by the Trial Court.

Section 26. Signatories. – The PSIR shall, as a Rule be prepared by the investigating Probation
Officer on case and approved by the CPPO. Both shall initial each and all the pages thereof,
except the last page on which they shall affix their respective signatures.
Section 25. Nature of Recommendation – The entire PSIR submitted to the Trial Court is
recommendatory in nature and the final recommendation contained on the last page of the PSIR
is persuasive in character addressed to the sound discretion of the Trial Court considering that the
denial or grant of probation is a judicial function.

Section 27. Its Nature and Coverage. – Full Blown Courtesy Investigation (FBCI) is a General
Courtesy Investigation (GCI) from another City or Provincial Parole and Probation Office
which requests for a complete PSIR on a petition for probation pending referral investigation in
the Probation Office of origin.

. FULL BLOWN COURTESY INVESTIGATION AND TRANSFER OF CONDUCT OF

REFERRAL INVESTIGATION

c) He attended and/or finished his education thereat; and

d) His immediate family members, collateral informants or disinterested persons and official
who can best authenticate the inter-family relationship, upbringing, behavior of the applicant for
probation in the community are residents of the place of his origin.

It shall take place when upon initial investigation it is gathered that,

a) Applicant for probation is a transient offender in the place of commission of the crime
and/or a permanent resident of another place;
 b) He spent his pre-adolescent and/or adolescent life in the Province or City of origin;

Section 29. Transfer to the Executive Judge. – In case of the suitability for probation of the
applicant for probation, it shall be recommended in the PSIR by the Probation Office, that
simultaneous with the grant of probation, the control over the applicant and his probation
rehabilitation program be transferred to the Honorable Executive Judge of the RTC of the
Province or City of origin subject to the actual visitation and supervision of the Probation Officer
of said province or city.
Section 28. Transfer of referral Investigation. – When proper under the immediately preceding
section and warranted under the circumstances, a FBCI, may be brought to the attention of the
Trial Court to transfer the conduct off the referral investigation to the Probation Office of the
province or city of origin of applicant for probation.

VI. PROBATION ORDER

Section 31. Period to Resolve the Application for Probation. – the application for
probation shall be resolved by the Trial Court not later than fifteen (15) days from the date of its
receipt of the PSIR.

Section 30. General Courtesy Investigation. – All other General Courtesy Investigation (GCI)
mentioned in the three (3) preceding sections not falling within the purview of a FBCI to be
conducted by another Probation Office shall be known as Partial Courtesy Investigation (PCI)
which would no longer be brought to the attention of the Trial Court for the transfer of the
conduct of the referral investigation as mentioned in Sec. 27 of these Rules.

a) Probation is but a mere privilege and as such, its grant or denial rests solely upon the
sound of discretion of the Trial Court. After its grant it becomes a statutory right and it shall only
be cancelled or revoked for cause and after due notice and hearing.

Section 33. 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 thereat and explain that
upon his failure to comply with any of the conditions prescribed in the said order or his
commission of another offense under which he was placed on probation.
Upon receipt of the Probation Order granting probation the same shall be entered in a
Docket Book for proper recording.
An order of denial shall be docketed as well.
Section 34. Finality. – The order of the court granting or denying probation shall not be
appealable.

b) The grant of probation has the effect of suspending the execution of sentence. The Trial
Court shall order the release of the Probationer’s cash or property bond upon which he was
allowed temporary liberty as well as release the custodian on ROR from his undertaking.
Section 36. Other Conditions. – The Probation Order may also require the probationer, in
appropriate cases, to:
a) cooperate with his program of probation treatment and supervision;
b) meet his family responsibilities
c) devote himself to a specific employment and not to change said employment without
prior written approval of the CPPO;
d) undergo medical, or psychological, or clinical or, or drug or psychiatric examinations and
treatment and remain in a specified institution, when required for that purpose;

VII. TERMS AND CONDITIONS OF PROBATION

Section35. Mandatory Condition. – A Probation Order shall require the probationer:
a) to present himself to the Probation Office for supervision within 72 hours from receipt of
said order; and

h) refrain from visiting houses of ill-repute;

i) abstain from drinking intoxicated beverages to excess;
j) permit the Supervising Probation Officer on case or an authorized social workers to visit
his home and place of work;
k) reside at premises approved by the Trial Court and not to change his residence without
prior written approval of said court; and /or
l) satisfy any other conditions related to his rehabilitation into a useful citizen which is not
unduly restrictive of his liberty or incompatible with his freedom of conscience.

e) comply with a program of payment of civil liability to the offended party or his heirs,
when required by the Trial Court as embodied in its decision or resolution;
f) pursue a prescribed secular study or vocational training;
g) attend or reside in a facility established for instruction, recreation or reside of persons on
probation;

receipt; a copy of which should be given by the probationer to the Probation Office in order to
monitor such payment;
b) Payment may be deposited by the probationer to the victim’s account where the
bankbook is kept at the Probation Office to be given to the victim for his proper disposition;
c) Payment can be effected directly to the victim and the receipt must be filed in the
supervision record of the probationer kept at the Probation Office.

Section 37 Indemnification. – (please see “Guidelines on Payment of Civil Liability”, Annex

“30”, p. 253) Payment for civil liability shall be done using the following modes:
a) Payment can be given to the Clerk of Court of the Trial Court, who will in return hand
over the sum to the victim who shall issue a corresponding

Section 41. Outside Travel. –

a) A Probation Officer may authorize a probationer to travel outside his area of
operational/territorial jurisdiction for a period of more than ten (10) days but not exceeding thirty
(30) days
 Further, that the practice of giving the payment to the Supervising Probation Officer on case (or
the CPPO) to be remitted to the victim, although with receipts, should be highly discouraged and
discontinued outrightly.

c) If the requested outside travel is for more than thirty (30) days, said request shall be
recommended by the CPPO and submitted by the Trial Court for approval.
d) Outside travel for a cumulative duration of more than thirty (30) days within a period of
six (6) months shall be considered as a courtesy supervision.

b) A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five (5) days before
the intended travel schedule a Request for Outside Travel (PPA Form 7) with said office
properly recommended by the Supervising Probation Officer on case and approved by the CPPO.

b) In the event of such approval, the supervision and control over the probationer shall be
transferred to the concerned Executive Judge of the RTC, having jurisdiction and control over
said probationer, and under the supervision of the City or Provincial Parole and Probation Office
in the place to which he transferred.
Thereafter, the Executive Judge of the RTC to whom jurisdiction over the probationer is
transferred shall have the jurisdiction and control with respect to him which was previously
possessed by the Court which granted probation.

Section 42. Change of Residence: Transfer of Supervision. –

a) A Probationer may file a Request for Change of Residence (PPA Form 24) with the City
or Provincial Parole and Probation Office, citing the reason(s) therefore this request shall be
submitted by the Supervising Probation Office for the approval of the Trial Court.

b) thereafter said office shall file with the proper court a violation report (PPA form 8),
containing its findings and recommendation, duly prepared and signed by the supervising parole
and probation officer and duly noted by the chief parole and probation officer.

Section 43. Absconding probation –

a) A probationer who has not reported for initial supervision within the prescribed period
and/or whose whereabouts could not be found, located or determined despite best diligent efforts
within reasonable period f time shall be declared by the proper office as an absconding
probationer.

Section 44. Modification or revision of probation conditions –

a) During the probation supervision period, the trial court may motu proprio or, upon
motion by the city of provincial parole and probation office or by the probationer or his lawyer.
IX. VIOLATION PROBATION CONDITION

Section 46. Concept. – A probationer’s specific act and/or omission(s) constitutive of a

violation of probation condition(s) set forth in the original, modified or revised Probation Order
shall be reported to the Trial Court, taking into account the totality of the facts and surrounding
circumstances and all possible areas of consideration.

Section 45. Effectivity and finality of modified or revised probation order –

a) The trial court may modify or revise the probation order which shall become effective
and final upon its promulgation and receipt thereof by the probationer, unless specified otherwise
by said order.

Section 48. Report: Violation of Condition. –

a) After the completion of the fact-finding investigation, the Supervising Probation Officer
on case shall prepare a violation report thereon containing his findings and recommendations and
submit the same to the CPPO for review and approval.

Section 47. Fact-Finding Investigation. - Based on reasonable cause reported by a reliable

informant or on his own findings, the SPPO, Sr. PPO, PPO II, PPO I concerned or the CPPO
himself shall conduct or require the Supervising Probation Officer on case to immediately
conduct a fact-finding investigation on any alleged or reported violation of probation
condition(s) to determine the veracity and truthfulness of the allegation.

Thereafter, said Parole and Probation Office shall file with the Trial Court a violation Report
(PPA Form 8), containing its findings and recommendation, duly prepared and signed by the
SPPO, Sr. PPO, PPO II, PPO I concerned and duly noted by the CPPO for the court’s resolution.

b. In some cases, a probationer who has not reported for initial supervision within the seventy-
two (72) hours from his receipt of the Probation Order or within the prescribed period ordered by
the Trial Court or whose whereabouts could not be ascertained notwithstanding best efforts
exerted within a reasonable period of time by the City and Provincial Parole and Probation
Office shall be immediately reported to the Trial Court for appropriate action.

Section 51. Hearing of the Violation of Probation. – Once arrested and detained, the probationer
shall immediately be brought before the Trial Court for a hearing of the violation charged.
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.

Section 50. – Arrest of Erring Probationer. – After having duly considered the nature and gravity
of such reported violation based on the submitted Violation Report, the Trial Court may issue a
warrant for the arrest of the probationer for serious violation of his probation condition.
The probationer may be admitted to bail pending such hearing. In such case, the provisions
regarding release on bail of persons charged with the crime or offense shall be applicable to
probationers arrested under this provision
The court shall not be bound by the technical rules of evidence, but may inform itself of all the
facts which are material and relevant to ascertain the veracity of the charge.

(b) If the probation period has been revoked, the Trial Court shall order the probationer to serve
the sentence originally imposed in the judgment of his case for which he applied for probation.
(c) A court order modifying the probation conditions as in Sec. 44 of these Rules or revoking
probationer’s probation shall not be appealable. However, it may be correctable by certiorari
under the Rules of Court.

Section 52. Disposition: Effect of Revocation: Remedy. –

(a) After a serious violation of a probation condition has been established in the hearing, the Trial
Court may order the continuance of the probationer’s probation or modification of his probation
conditions or revoke his probation whichever is proper and just under in judicial discretion.

Section 54. Representation for the State, - For the Prosecution of serious violation of probation
condition(s), during said hearing or proceeding, the state shall be represented by the proper
prosecuting officer.
Section 53. Right of Counsel. - In the hearing or proceeding for violation of probation
conditions, the probationer shall have the right to counsel of his own choice.

2. Those who do not need further supervision as evidenced by the following:

a) Consistent and religious compliance with all the conditions imposed in the order granting
probation;
b) Positive response to the programs of supervision designed for their rehabilitation
c) Significant improvements in their social and economic life;
d) Absence of any derogatory record while under probation;
e) Marked improvement in their outlook in life by becoming socially aware and responsible
members of the family and community; and

. EARLY TERMINATION
Section 55. Coverage. – The following probationers may be recommended for the early
termination of their probation period:
1. Those who are suffering from serious physical and/or mental disability such as deaf-mute, the
lepers, the crippled, the blind, the senile, the bed-ridden, and the like;

3. Those who have:

(a) To travel abroad due to any of the following:
1) An approved overseas job contract or any other similar documents; or
2) An approved application for scholarship, observation tour or study grant for a period not
less than six (6) months; or
3) An approved application for immigration.
4) To render public service
a) Having been elected to any public office; or
b) Having been appointed to any public office.

f) Significant growth in self-esteem, self-discipline and self-fulfillment;

Provided, that, the probationers involved have already served one-third(1/3) of the imposed
period of probation; and provided further, that, in no case shall the actual supervision period be
less than six (6) months.

XI. PROBATION AIDES

Section 57. Qualifications: functions. –
(a) The Probation Aides must be citizens of good repute and probity, at least 18 years of age on
the date of appointment, at least high school graduates and preferably residence of the same
locality or community covering the place of residence of the probationer and/or the CPPOs,
SPPOs, and SrPPOs, PPOsII, and PPOsI.
Provided, However, that the probationers involved have fully paid their civil liabilities, if any.
And, that the probationers were not convicted for offenses involving moral turpitude.

activities and accomplish related reports and prompt submission thereof; and undertake other
related activities. They maybe designated to identify, generate, tap local community resources or
conduct such activities on skills training and sports and cultural programs for clients.
Section 58. Appointment: Term of Office. –
a) Probation Aides shall be appointed by the Probation Administrator or through authority
delegated to the Regional Directors within their respective areas of responsibility upon the
recommendation of the CPPOs.

b) Probation Aides may be requested to assist the CPPOs, SPPOs and SrPPOs, PPOsII, and
PPOsI in the supervision of probationers, assigned up to a maximum case load subject to
administrative and technical supervision by the above-mentioned Probation Officers, prepare
records of their

two (2) consecutive semesters as determined by the proper offices and/or for other lawful and
valid cause(s). Thereafter, his reinstatement shall be determined by his display of good behavior
as determined by collateral informants and the appointing authority.
Section 59. Caseload. –
a) in assigning probation supervision caseload(s) to the Probation Aides, the Probation
Offices shall duly consider their respective qualifications, length of service, work
accomplishments, and other related criteria.
b) Probation Aides so appointed may hold office during good behavior for a period of two
(2) years, renewable at the end of each period; provided, that, the appointing authority may at
any time terminate the services of Probation Aides for unsatisfactory performance for at least

other duties.
. TERMINATION OF THE PROBATION SUPERVISION CASE
Section 60. Grounds. – The probation supervision period may be terminated on any of the
following grounds:
(a) successful completion of probation;
(b) probation revocation for cause under
Section 49 (a-c) of these Rules;
(c) death of the probationer;
(d) early termination of probation; or
(e) other analogous cause(s) or reason(s) on a
case-to-case basis as recommended by
the probation Office and approved by the
trial court.

And, as to maximum supervision caseload to be given to them, the Probation Office should,
exercise utmost prudence and caution.
b) The maximum supervision caseloads of a Probation Aide at any given time, shall be ten
(10) probationers on minimum case classification or three (3) probationers on maximum case
classification in addition to

Section 62. Final Discharge. – After expiration of the original or extended probation period and
based on due consideration of the POs final report, the Trial Court may order the final discharge
of the probationer upon finding that he has fulfilled the probation terms and conditions and,
thereupon, the probation supervision case is deemed terminated.
Section 61. Termination Report. – The City and Provincial Parole and Probation Office shall
submit to the Trial Court a Probation Officer’s Final Report (PPA Form 9) thirty (30) days before
the expiration of the period of probation embodying, among others, the following:

Section 63. Legal Effects of Final Discharge: Termination Order. –

(a) the final discharge of a probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to fully discharge his liability for any fine imposed as
to the crime or offense for which probation was granted without prejudice to his civil liability. It
is hereby understood that, the probationer’s political rights are not lost or suspended even during
the probation period