CREED REVIEW CENTER
COMPREHENSIVE REVIEW THROUGH ENHANCED EDUCATIONAL DEVELOPMENT
MODULE 6
NON – INSTITUTIONAL CORRECTION
NON-INSTITUTIONAL CORRECTION
Community-based approach to corrections as a way to
decongest the prisons involve the Public Attorney’s Office
and the National Prosecution Service effecting the immediate
release of detainees either on bail or recognizance and giving
priority to the trial of detainees who cannot be released on bail
or recognizance.
It involves the efficient performance of the Boards of
Pardons and Parole in the granting of timely release of
prisoners and the effective supervision of released prisoners
on parole or conditional pardon and those under probation by
the Probation and Parole Administration. Probation and
Parole are two forms of non-institutional or community
based corrections.
NON-INSTITUTIONAL, COMMUNITY-BASED
CORRECTIONAL PRACTICES
The fact that our government is facing severe
budgetary crisis does not augur well for the Criminal Justice
System most particularly the Corrections Pillar, which is the
last destination of society’s convicted offenders.
NON-INSTITUTIONAL CORRECTIONS refer to that method
of correcting sentenced offenders without having to go to
prison.
ADVANTAGES OF COMMUNITY-BASED CORRECTIONS
ARE:
1. Family members need not be victims also for the
imprisonment of a member because the convict can still
continue to support his family, not to be far away from
his children;
2. Rehabilitation will be more effective as the convict will
not be exposed to hardened criminals in prisons who will
only influence him to a life of crime;
3. Rehabilitation can be monitored by the community thus
corrections can be made and be more effective;
4. Cost of incarceration will be eliminated which is
extremely beneficial especially to a cash-strapped
government. An entire bureaucracy will be eliminated
which includes the salaries, benefits and perks of the
officers and staff, capital outlays, operating costs,
maintenance of the facilities, subsistence of inmates,
and many others.
TYPES OF NON-INSTITUTIONAL CORRECTION
PROGRAMS
1. Probation - It is a disposition under which a
defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the
supervision of a probation officer
2. Indeterminate Sentence Law / Parole Program – it
is that type of correctional program that enable the
convicted felon after serving the minimum imposable
penalty maybe eligible for release on parole.
3. Executive Clemency – it is the power of the Chief
Executive to grant amnesty, commutation of
sentence, pardons, reprieve and remit fines and
forfeitures to convicted prisoners
4. Restorative Justice Programs – it refers to the
program enacted under RA 9344 for CICL’s that
required to undergo after he/she is found responsible
for an offense without resorting to formal court
proceeding like diversion, intervention and
Community based programs.
PROBATION - A term coined by John Augustus, From the
Latin verb "probare" - to prove, to test and “probatio” –
testing period.
HISTORY
The origins of probation can be traced to English
criminal law of the Middle Ages. Harsh punishments were
imposed on adults and children alike for offenses that were
not always if a serious nature. Sentences such as branding,
flogging, mutilation and execution were common. During
the time of King Henry VIII, for instance, no less than 200
crimes were punishable by death, many of which were
minor offenses.
Royal pardons - could be purchased by the accused;
activist judges could refrain from applying statuses or could
opt for a lenient interpretation of them; stolen property could
be devalued by the court so that offenders could be charged
with a lesser crime.
BENEFIT OF CLERGY, JUDICIAL REPRIEVE,
SANCTUARY, and ABJURATION offered offenders a
degree of protection from the enactment of harsh sentences.
"BINDING OVER FOR GOOD BEHAVIOR," a form of
temporary release during which offenders could take
measures to secure pardons or lesser sentences.
Controversially, certain courts in due time began suspending
sentences.
In the United States, particularly in Massachusetts, different
practices were being developed. "Security for good
behavior," also known as good aberrance, was much like
modern bail: the accused paid a fee as collateral for good
behavior. Filing was also practiced in cases that did not
demand an immediate sentence. Using this procedure,
indictments were "laid on file" or held in abeyance.
To mitigate unreasonable mandatory penalties,
judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these
American practices were genuine precursors to probation, it
is the early use of recognizance and suspended sentence that
are directly related to modern probation.
Two names are most closely associated with the
founding of probation: Matthew Davenport Hill, an 18th
century English barrister and judge, and John Augustus, a
19th Century Boston boot-maker.
As a young professional in England, Matthew
Davenport Hill had witnessed the sentencing of youthful
offenders to one-day terms on the condition that they be
returned to a parent or guardian who would closely supervise
them.
He eventually became the Recorder of Birmingham,
a judicial post, he used a similar practice for individuals who
did not seem hopelessly corrupt. If offenders demonstrated
a promise for rehabilitation, they were placed in the
hands of generous guardians who willingly took charge of
them. Hill had police officers pay periodic visits to these
guardians in an effort to tack the offender's progress and to
keep a running account.
Matthew Davenport Hill – FATHER OF PROBATION IN
ENGLAND
JOHN AUGUSTUS - the "Father of Probation," is recognized
as the “first true probation officer”.
✓ Augustus was born in Woburn, Massachusetts, in
1785.
✓ By 1829, he was a permanent resident of Boston and the
owner of a successful boot-making business.
✓ It was undoubtedly his membership in the Washington
Total Abstinence Society that led him to the Boston
courts.
✓ Washingtonians abstained from alcohol themselves
and were convinced that abusers of alcohol could be
rehabilitated through understanding, kindness and
sustained moral suasion, rather then through
conviction and jail sentences.
✓ In 1841, John Augustus attended police court to bail
out a "common drunkard," the first probationer.
✓ The offender was ordered to appear in court three weeks
later sentencing. He returned to court a sober man,
accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had
dramatically changed,'
✓ He was also the first to apply the term "probation" to this
process of treating offenders.
✓ By 1858, John Augustus had provided bail for 1,946
men and women, young and old. Reportedly, only ten
of this number forfeited their bond,
✓ The first probation statute, enacted in Massachusetts
shortly after this death in 1859, was widely attributed
to his efforts.
✓ The first juvenile court was established in Chicago in
1899.
✓ Formalization of the concept of Intake is credited to the
founders of the Illinois juvenile court.
✓ Probation in New York State had its official beginning
in 1901.
Fr. Rufus Cook – a chaplain in Boston, Massachusetts, who
continued the work of Augustus after the latter’s death and
employed humane but unscientific approach.
The Probation Act of 1925, signed by President Calvin
Coolidge, provided for a probation system in the federal
courts (except in the District of Columbia). It gave the
courts the power to suspend the imposition or execution of
sentence and place defendants on probation for such period
and on such terms and conditions as they deemed best.
HISTORICAL BACKGROUND of Probation in the
Philippines
✓ Probation was first introduced in the Philippines during
the American colonial period (1898 - 1945) with the
enactment of Act No. 4221 of the Philippine
Legislature on 7 August 1935.
ACT 4221 – THE FIRST PROBATION LAW OF 1935
This law created a Probation Office under the
Department of Justice. On November 16, 1937, after barely
two years of existence, the Supreme Court of the Philippines
declared the Probation Law unconstitutional because of
some defects in the law's procedural framework by the case
of People vs Vera which states that Act 4221 cause undue
delegation of legislative power and violation of equal
protection of the law.
In 1972, House Bill No. 393 was filed in Congress
by Teudolo C. Natividad and Ramon D. Bagatsing. which
would establish a probation system in the Philippines.
This bill avoided the objectionable features of Act 4221
that struck down the 1935 law as unconstitutional.
The bill was passed by the House of
Representatives, but was pending in the Senate when Martial
Law was declared and Congress was abolished.
On 24 July 1976, Presidential Decree No. 968, also known
as Adult Probation Law of 1976, was signed into Law by the
President of the Philippines.
Fifteen selected probation officers were sent to
U.S.A. for orientation and training in probation administration.
Upon their return, they were assigned to train the newly
recruited probation officers.
The probation system started to operate on 3
January 1978. As more probation officers were recruited and
trained, more field offices were opened. There are at present
204 field offices spread all over the country, supervised by 15
regional offices.
November 23, 1989, EO 292 was promulgated
which added functions of supervising prisoner under parole
and pardon with parole conditions.
PROBATION
It is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer
PD 968 - THE PROBATION LAW OF 1976
- approved on 24 July 1976; effectivity date is 3
January 1978
The PPA was created pursuant to Presidential
Decree (P.D.) No. 968, as amended, to administer the
probation system. Under Executive Order No. 292, the
Probation Administration was renamed as the “Parole and
Probation Administration”, and given the added function of
supervising prisoners who, after serving part of their sentence
in jails are released on parole or granted conditional pardon.
The PPA and the Board of Pardons and Parole are the
agencies involved in the non-institutional treatment of
offenders.
PD 603 – The Child and Youth Welfare Code of 1974 that
provides probation for minors below the age of 18.
AMENDATORY LAWS TO PD 968
PD 1257 – effectivity date, 01 December 1977; amended the
period within which application for probation must be made
BP 76 – effectivity date, 13 June 1980; amended the
maximum penalty for qualification for probation
PD 1990 - effectivity date, 15 January 1986; amended BP
76 back to original form and made probation and appeal
exclusive remedies
RA 10707 – New Probation Law of 2015. Application ca now
be made after the appellate decision.
PROBATIONER / CLIENT - is a person placed on probation
PROBATION OFFICER
(now Probation and Parole Officer)
- is one who investigates (PSI) for the court a referral
for probation or supervises a probationer or both
FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY - This originated in a
compromise with the Church which had maintained
that a member of the clergy brought to trial in a King’s
Court might be claimed from that jurisdiction by the
bishop or chaplain representing him, on the ground that
he, the prisoner, was subject to the authority of the
ecclesiastical courts only.
2. JUDICIAL REPRIEVE - This is a temporary
withholding of sentence, either before or after
judgment; as where the judge is not satisfied with the
verdict, or evidence is suspicious, or indictment is
insufficient, or he is doubtful whether the offense be
within the clergy, or sometimes if it be a small felony, or
any favorable circumstances appear in the criminal’s
character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD
BEHAVIOR) - It originated as a measure of preventive
justice, involving the release of the person accused of
committing a crime to the custody of a person of
reputable character, who shall have the responsibility of
bringing the accused to court whenever the court
requires.
4. TRANSPORTATION - This was chiefly a way of ridding
the country of criminals; it later developed as a plan for
supplying new colonies with cheap labor. It was also
an attempt to substitute for brutal punishment at home
and an opportunity for rehabilitation in a new country.
IMPORTANT PERSONALITIES IN THE HISTORY OF
PROBATION
JOHN AUGUSTUS
- “Father of Probation” in the US
- American pioneer of probation
- The first true probation officer
FR. RUFUS COOK – the successor of John Augustus that
continued that latter’s work on probation in Boston
MATTHEW DAVENPORT HILL - considered as the “Father
of Probation” in England
TEODULO C. NATIVIDAD
- Father of Philippine Probation
- primary author of HB 393 that later on became PD
968
- co-authored by Cong. Ramon Bagatsing
ACT NO. 4221
– the first Probation Law of the Philippines
– this act became effective on August 7, 1935
– the Supreme Court declared this Act
unconstitutional on November 16, 1937
In PEOPLE VS. VERA (37 O.G. 164), the constitutionality of
Act 4221 was challenged because of the following grounds:
a) The said act encroaches upon the pardoning power
of the executive
b) That it constitute an undue delegation of legislative
power
c) It denies the equal protection of the laws
SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF
PROBATION
1. A more enlightened and humane correctional
system;
2. To promote the reformation of offenders;
3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and
community-based treatment programs instead of
imprisoning them;
5. Limited to offenders who are likely to respond
thereto favorably;
6. The method is less costly than confinement.
PHILOSOPHY AND CONCEPTS OF THE PROBATION
SYSTEM
1. There is no single cause for delinquent behavior. Human
beings are extremely complicated.
2. Delinquent and criminal acts are symptoms a more
serious underlying condition.
3. That the individual has the ability to change and to
modify his anti-social behavior with the right kind of help.
4. The Central goal of the Probation Administration is to
enhance the safety of the community by reducing the
incidence of criminal acts by persons previously
convicted.
5. This is of course not to say that probation should be used
in all cases, or that it will always produce better results.
6. By the same token, however, it is to say that probation is
a good bit more than the “matter of grace” or
“leniency” which characterizes the philosophy of the
general public and of many judges and legislators on the
subject.
7. Imprisonment as a sole cure for prevalence of crime is no
longer recognized.
8. It is generally conceded that probation is a matter of
privilege to be granted or refused at the discretion of
the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a
post sentence investigation report (PSIR).
BENEFITS OF PROBATION
A. Probation protects society
1. From the excessive costs of detention
2. From the high rate of recidivism of detained offenders
B. Probation protects the victim
1. It provides restitution
2. It preserves justice
C. Probation protects the family
1. It does not deprive the wife and children of a husband
and a father
2. It maintains the unity of the home
D. Probation assists the government
1. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement
E. Probation helps the offender
1. It maintains his earning power
2. It provides rehabilitation in the community
3. It restores his dignity
F. Probation justifies the philosophy of men
1. That life is sacred
2. That all men deserve a second chance
3. That an individual can change
4. That society has a moral obligation to lift the fallen
ADVANTAGES OF PROBATION
a. Probation prevents crime by offering freedom and aid
only to those offenders who are not likely to assault the
society again.
b. It protects the society by placing under close
supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the
community.
 c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first time offenders from turning
into hardened criminals.
e. It is a measure of cutting enormous expense in
maintaining jails.
f. It reduces recidivism and overcrowding in jails and
prisons.
g. It reduces the burden on the police forces and
institutions of feeding and guarding detainees.
h. It gives the first and light offenders a second chance
in life and provides as opportunity for the reformation
of a penitent offender.
i. It makes the offender productive or taxpayers instead
of tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries
that have adopted it.
SUSPENSION OF EXECUTION OF SENTENCE - The court
convicts and sentences the defendant but the execution of the
sentence, whether it imposes a term of imprisonment or a fine
only, is suspended and the defendant is released on
probation.
PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT -
Probation is not demandable as a matter of right. It is a
privilege. Its grant depends upon the discretion of the court.
But, it will be declared as a right if the applicant is a minor
stated under Ra 9344 and it will also become a right when the
probation order is already released by the court.
NECESSITY OF APPLICATION - Probation may not be
granted except upon application of the defendant.
TIME FOR APPLICATION - The law says that the
application for probation should be made within the
period for perfecting an appeal, or within fifteen (15) days
from promulgation of notice of judgment.
EFFECT ON APPEAL - The filing of application (for
probation) shall be deemed a waiver of the right to appeal. In
such case the accused cannot, even by withdrawing his
application for probation, reinstate his appeal or right to
appeal.
RA 10707
PROBATION LAW OF 2015
No application for probation shall be entertained or
granted if the defendant has perfected the appeal from the
judgment of conviction: Provided, That when a judgment of
conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified
through the imposition of a probationable penalty, the
defendant shall be allowed to apply for probation based on
the modified decision before such decision becomes final.
EFFECT ON MOTION FOR RECONSIDERATION OR NEW
TRIAL
There is nothing in the Probation Law which
indicates that the defendant’s right to move for a
reconsideration of the judgment of conviction, or his right to
ask for new trial, is waived or suspended by his application for
probation, or that such application has the effect of an
automatic withdrawal of a pending motion for reconsideration
or new trial, although there is likewise nothing in the law which
suggests that the filing of the application for probation
interrupts the running of the period for reconsideration or new
trial.
FORM OF APPLICATION - The law does not prescribe any
particular form and therefore it may be in any form, written or
oral. For recording purposes, however, oral applications
should be reduced to writing.
POST SENTENCE INVESTIGATION - The Probation Law
provides that “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".
The probation officer shall submit to the court the
investigation report on an applicant not later than sixty (60)
days from receipt of the order of the said court to conduct the
investigation.
The court shall resolve the petition for probation not
later than fifteen (15) days after receipt of said order.
DENIAL OF PROBATION TO DISQUALIFIED OFFENDER
WITHOUT PRIOR INVESTIGATION
However, there is nothing in the law which requires
that such an investigation should be conducted in every case
as an essential condition before the court may deny an
application for probation.
COURT MAY ORDER INVESTIGATION SO LONG AS
APPLICANT IS NOT SERVING SENTENCE
If there is an application and the defendant does not
appear to be disqualified, the court may order such
investigation only after a sentence of conviction by the trial
court for the reason that the same would be premature if made
prior to said conviction, considering that the judgment might
eventually be an acquittal or, even if it be conviction, the court
might find as a fact in its decision that the defendant is a
disqualified offender, in either of which cases the order for
investigation would serve no purpose.
 POST SENTENCE INVESTIGATION, NOT PRE-
SENTENCE INVESTIGATION
Under our Probation Law, the investigation for
probation is a post-sentence, not pre-sentence investigation;
meaning that the investigation is after, not before, the
sentence. The sentence referred to is the sentence of the trial
court.
SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into
the character, antecedents, and environment, mental and
physical condition of the offender, and available institutional
and community resources, as well as all other matters bearing
the following questions:
(a) Whether or not the offender is in need of correctional
treatment that can be provided most effectively by his
commitment to an institution;
(b) Whether or not there is undue risk that during the
period of probation the offender will commit another
crime;
(c) Whether or not probation will depreciate the
seriousness of the offense committed.
PROBATION INVESTIGATION PROCEDURES
The PSI gathers information on the petitioner’s
personality, character, antecedents, environment and other
relevant information, including community resources which
shall be utilized in the rehabilitation of the client. The basic
tools used in PSI are interviews, records check, and
psychological evaluation and drug tests. All information
gathered is written in the PPA Form 3 or Post-Sentence
Investigation Report (PSIR) submitted to the court for
disposition.
COURTESY INVESTIGATION
FULL BLOWN COURTESY INVESTIGATION (FBCI)
1. Is a transient offender in a place of commission of
the crime and/or a permanent resident of another
place;
2. Has spent pre-adolescent and/or adolescent life in
the province or city of origin;
3. Has attended and/or finished education therein;
and
4. Have immediate family members and
acquaintances who are residents of the place of
origin.
PARTIAL COURTESY INVESTIGATION (PCI) – It shall be
used for petitioners who do not fall within the purview of the
FBCI and is conducted by another PPO.
NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing
the right to counsel in the investigation of a petitioner. The
constitutional guarantee of right to counsel will not apply
because the investigation by the probation and parole officer
is neither prosecutory nor accusatory in character.
PRIVILEGE AGAINST SELF-INCRIMINATION NOT
AVAILABLE
The information contained in the post-sentence
investigation report shall be “privileged” and could not be used
as evidence against any person, no matter how incriminating
the information may be.
NO SUBPOENA POWERS
Probation and parole officer are not clothed with
subpoena powers under the Probation Law. There is nothing
to prevent them, however, from requesting the court to issue
subpoenas requiring the attendance of witnesses in their
investigations.
SUBMISSION OF INVESTIGATION REPORT
The investigation report having been completed, the
Chief Probation and Parole Officer should submit his report to
the court, “not later than 60 days from receipt of the order of
the court to conduct the investigation”. The same period is
merely directory, not mandatory, in the sense that an
investigation report submitted after 60 days would still be a
valid report.
NO COPY OF REPORT FOR APPLICANT
The investigation report as well as the supervision
history “shall be privilege and shall not be disclosed directly
or indirectly to anyone other than the Parole and Probation
Administration or the court concerned.
NO RIGHT OF APPLICANT TO COMMENT ON REPORT
There is nothing in the Probation Law which entitles
the applicant to submit any comment, or demand that the
court should consider the same.
HEARING NOT REQUIRED
There is nothing in the Probation Law which requires
the court to set for hearing the investigation report or the
application for probation, although it may of course, in its
discretion do so, preserving at all times, however, the
confidentiality of the report.

The court is mandated to resolve the petition for
probation not later than 15 days after receipt of the
investigation report. The period, however, seem to be merely
directory, not mandatory.
BAIL OR RECOGNIZANCE PENDING PETITION FOR
PROBATION
Pending submission of investigation report and the
resolution of the petition for probation, the defendant may be
allowed temporary liberty under his bail filed in the criminal
case. In case no bail was filed or the defendant is incapable
of filing one, the court may allow the release of the defendant
on recognizance to the custody of a responsible member of
the community who shall guarantee his appearance
whenever required by the court.
GRANT OR DENIAL OF PROBATION
PROBATION DISCRETIONARY
Barring disqualified offenders, the grant or denial of
probation is a matter of discretion on the part of the court.
Probation shall be denied if the court finds that:
i. the offender is in need of correctional treatment that
can be provided most effectively by his commitment
to an institution;
ii. there is an undue risk that during the period of
probation, the offender will commit another crime; or
iii. Probation will depreciate the seriousness of the
offence committed.
ISSUANCE OF PROBATION ORDER
A probation order shall take effect upon its issuance,
at which time the court shall inform the offender of the
consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order
or his commission of another offense, he shall serve the
penalty impose for the offense under which he was placed for
probation. In the event that violation of any of the conditions
of probation is established, the court need not revoke the
probation; it has the discretion to revoke or continue the
probation and modify the conditions thereof.
APPLICANT MAY REJECT GRANT OF PROBATION - The
law does not oblige the defendant to accept the probation
granted by the court. He should be allowed to turn down the
same grant, especially since he might feel that the terms and
conditions thereof are too onerous for him.
GRANT OR DENIAL OF PROBATION NOT APPEALABLE
BUT CERTIORARI MAY LIE
CIVIL LIABILITY NOT AFFECTED - Probation is a substitute
for imprisonment (including subsidiary imprisonment in case
of non-payment of fine) and other criminal penalties, not a
mode of discharging the civil liability, which is owed not to the
State but to the offended party.
COVERAGE OR SCOPE OF APPLICATION OF DECREE
A. NON-OFFENDERS NOT COVERED
Consistently with the concept and purpose of
probation, the Decree applies only to offenders.
B. OFFENDERS COVERED
The Decree declares, “it shall apply to all offenders”.
C. DISQUALIFIED OFFENDERS
1. sentenced to serve a maximum term of imprisonment of
more than six years;
2. convicted of subversion or any crime against the
national security or public order;
3. 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;
4. who have been once on probation under the provisions
of this Decree; and
5. who are already serving sentence at the time the
substantive provisions of this Decree became
applicable pursuant to Sec. 33 hereof
6. It expressly excludes from its operation “those entitled
to the benefits of PD 603, as amended (otherwise
known as the Child and Youth Welfare Code) and
similar laws.
7. Even if the offender does not fall under the terms of the
Child and Youth Welfare Code and the “similar laws” just
mentioned, he would not be entitled to the Benefits of
the Decree if he has not been convicted and sentenced.
8. An offender who is already serving sentence or is
otherwise specifically disqualified under Sec. 9.
9. Under Sec. 264, BP 881 as amended by BP 882, 883
and 884, which state, “any person found guilty of any
election offense under this code shall be punished with
imprisonment of not less than 1 year but not more than
6 years and shall not be subject to probation.
10. Sec. 9, PD 1987 (An Act creating the Videogram
Regulatory Board, dated October 5, 1985) states “The
provisions of PD 968, as amended shall not apply in
cases of violations of this Decree, including its
implementing rules and regulations.
 11. Sec. 12 of the Wage Rationalization Act (RA 6727)
provides that the violators of the law shall not be entitled
to the benefits of the Probation Law.
12. Violation of RA 9165 or the Comprehensive Dangerous
Drugs Act of 2002. Except sec 12, 14,17 and 70.
✓ SECTION 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs
✓ SECTION 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or
Meetings.
✓ SECTION 17. Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals
✓ SECTION 57. Probation and Community Service
Under the Voluntary Submission Program
✓ SECTION 70. Probation or Community Service for a
First-Time Minor Offender In lieu of Imprisonment.
A drug dependent who is discharged as rehabilitated
by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from
criminal liability under Section 55 of the Act, may be charged
under the provisions of the Act, but shall be placed on
probation and undergo community service in lieu of
imprisonment and/or fine in the discretion of the court, without
prejudice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as
part of his/her after-care and follow-up program, which may
be done in coordination with non-government, civic
organizations accredited by the DSWD, with the
recommendation of the Board.
13. When the time for application for probation already
lapse.
WHEN THE COURT MUST DENY PROBATION?
The court shall deny an application for probation
whenever it finds that:
a. the offender is in need of correctional treatment that
can be provided most effectively by his commitment
to an institution;
b. there is undue risk that during the period of probation
the offender will commit another crime;
c. probation will depreciate the seriousness of the
offense committed.
WHAT WILL HAPPEN IF THE APPLICATION FOR
PROBATION IS DENIED?
The offender will be sent by the sentencing court to
prison to serve his sentence
HOW MANY TIMES CAN ONE BE GRANTED
PROBATION?
- Only once.
PERIOD OF PROBATION
a. The period of probation of a defendant sentenced to a
term of imprisonment of not more than one (1) year shall
not exceed two (2) years, and in all other cases, said
period shall not exceed six (6) years.
b. When the sentence imposes a fine only and the offender
is made to serve a subsidiary imprisonment in case of
insolvency, the period of probation shall not be less than
nor more than twice the total number of days of
subsidiary imprisonment as computed in the rate
established in Art. 39 of the Revised Penal Code, as
amended.
CONDITIONS OF PROBATION
1. General or Mandatory Conditions
(a) Present himself to the probation (and parole)
officer designated to undertake his supervision at
such place as may be specified in the order within
72 hours from receipt of said order;
(b) Report to the probation (and parole) officer at
least once a month at such time and place as
specified by the said officer.
2. Special or Discretionary Conditions
The court may also require the probationer to:
a. cooperate with the program of supervision;
b. meet his family responsibilities;
c. devote himself to specific employment and not to
change said employment without prior written
approval of the probation (and parole) officer;
d. undergo medical, psychological or psychiatric
examination and treatment and enter and remain
in a specified institution, when required for the
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 (and parole) officer or an
authorized social worker to visit his home and
place of work;
j. reside at premise approved by it and not to
change his residence without its prior written
approval; or
 k. satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience
VIOLATION OF PROBATION CONDITION
1. Fact finding investigation order of the court to the
CPPO
2. The PPO prepare and submit violation report to the
CPPO
3. Filing of violation report to the trial court
4. Arrest of erring probationer (WOA)
5. Hearing of violation in the court
6. Disposition of probation either revocation,
continuation or modification
IF REVOCATION WAS DECIDED = the court will issue a
revocation order and the accused will serve the original
sentence imposed.
MODIFICATION OF PERIOD AND CONDITIONS OF
PROBATION
A. PERIOD OF PROBATION - The period of probation may
either be shortened or made longer, but not to exceed the
period set in the law.
B. CONDITIONS OF PROBATION - During the period of
probation, the court may, upon application of either the
probationer or the probation officer, revise or modify the
conditions of probation.
The court shall inform in writing the probation officer and
the probationer of any change in the period and conditions of
probation.
WHEN CAN THE COURT MODIFY THE CONDITIONS
FOR PROBATION?
At any time during supervision after summary
hearing when the probationer violated any of its conditions
upon application by the probation officer or the probationer
himself
Note: only the judge who heard and decided the case has
the power to grant, deny, modify, revoke and terminate
probation.
REVOCATION OF PROBATION
A. CONCEPT OF VIOLATION OF PROBATION
“A violation of probation shall be understood to mean any act
or any commission on the part of the probationer with respect
to the terms and conditions specified in the probation order.
B. ARREST OF THE PROBATIONER
At any time during probation, the court may issue a
warrant for the arrest of the probationer for violation of any of
the conditions of probation.
TERMINATION OF PROBATION
A. After the period of probation and upon consideration of
the report and recommendation of the probation and
parole 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.
B. Other ways of terminating probation:
1. Termination before the expiration of the period
2. Termination by pardon of the probation
3. Deportation of the probationer
4. Death of the probationer
If fully terminated, the court will issue a TERMINATION
ORDER
C. EFFECT OF FINAL DISCHARGE - The final discharge
of the probationer shall operate to restore to him all civil
rights lost or suspended as a result of his conviction and
to fully discharge his liability for any fine imposed as to
the offense for which probation was granted.
CONFIDENTIALITY OF RECORDS - The probation records
may be found, firstly, in the court concerned. Secondly, in the
office of the Chief Probation and Parole Officer assigned in
the city or province. Thirdly and fourthly, copies of these
records are being forwarded to the Regional Parole and
Probation Office and the Parole and Probation Administration
(Central Office).
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.
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.
c. If the requested outside travel is for more than thirty (30)
days, said request shall be recommended by the CPPO
and submitted to 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

SECTION 42. CHANGE OF RESIDENCE: TRANSFER OF
SUPERVISION
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
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.
ABSCONDING PETITIONER VS ABSCONDING
PROBATIONER
ABSCONDING PETITIONER – a convicted defendant whose
application for probation has been given due course by the
court but fails to report to the probation office or cannot be
located within a reasonable period of time.
ABSCONDING PROBATIONER – a person whose probation
was granted but failed to report for supervision or fails to
continue reporting for supervision or whose whereabouts are
unknown for a reasonable period of time.
PROBATION AIDES (NOW PROBATION ASSISTANTS)
SECTION 57. QUALIFICATIONS &FUNCTIONS
a. The Probation Aides must be citizens of good repute
and probity,
b. at least 18 years of age on the date of appointment,
c. at least high school graduates
d. 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.
e. Probation Aides so appointed may hold office during
good behavior for a period of two (2) years, renewable
at the end of each period
SECTION 59 CASELOADS
A. The maximum supervision caseloads of a Probation
Aide at any given time, shall be ten (10) probationers
on minimum case classification
B. three (3) probationers on maximum case
classification in addition to other duties.
ACT NO. 4103
INDETERMINATE SENTENCE LAW
THE LAW ON PAROLE
as amended by Act No. 4225 and Republic Act No. 4203
PURPOSE
To uplift and redeem valuable human material, and
prevent unnecessary and excessive deprivation of liberty and
economic usefulness. Penalties shall not be standardized but
fitted as far as possible to the individual, with due regard to
the imperative necessity of protecting the social order (People
v. Ducosin, 59 Phil 109). Under Section 5 of said Act, it is the
duty of the Board of Pardons and Parole to look into the
physical, mental and moral record of prisoners who are
eligible for parole and to determine the proper time of release
of such prisoners on parole.
PAROLE DEFINED
✓ refers to the conditional release of an offender from a
correctional institution after he has served the minimum
of his prison sentence;
✓ a procedure by which 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 sentence within the
community
it comes from the French word parole, referring to "word" as
in giving one's word of honor or promise.
PROBATION VS PAROLE
PROBATION PAROLE
GIVEN BY THE COURT GIVEN BY THE BPP
GIVEN AFTER GIVEN AFTER SERVING
CONVICTION THE MINIMUM SENTENCE
WITH MANDATORY CONDITIONS
SUPERVISED BY THE PPA
HISTORICAL ACCOUNTS
The first parole law was passed in Massachusetts in
1837. At about same time, ALEXANDER MACONOCHIE
introduced a system whereby a prisoner was given a “ticket
of leave “
(the equivalent of parole ) after earning a certain required
number of marks – known as the MARK SYSTEM. From this,
Maconochie gained the fame as FATHER OF PAROLE.
Parole was also a feature of the Irish Prison system
by Sir Walter Crofton which was established in 1856 based
on an indeterminate sentence & the mark system. The Elmira
Reformatory by Zebulon Brockway, likewise, had a limited
form of indeterminate sentence and a method of marks similar f) Alien prisoners where diplomatic considerations and
to the Irish system, and parole based on marks. amity between nations necessitate review;

PIONEERS OF PAROLE SYSTEM

An indeterminate sentence is a sentence imposed for a
ALEXANDER FATHER OF PAROLE (IN crime that is not given a definite duration.
MACONOCHIE AUSTRALIA)
Marks System In addition, ACT 4103 provides for the creation of
WALTER CROFTON FOUNDER OF PAROLE IN the Board of Pardons and Parole, or the Board of
IRELAND Indeterminate Sentence, provided in Section 3 of the said
Irish System Act tasked to look into the physical, mental and moral
Progressive Mark System record of the prisoners who are eligible to parole and to
ZEBULON BROCKWAY FOUNDER OF PAROLE IN determine the proper time of release of such prisoners.
USA
Extensive Parole in USA The court must, instead of a single fixed penalty,
(Elmira Reformatory) determine two penalties, referred to in the Indeterminate
Sentence Act as the ‘maximum’ and ‘minimum’ terms.
COVERAGE
It is indeterminate in the sense that “after serving the
1. General Rule: All persons convicted of certain crimes minimum”, the convict may be release on parole, or if he is
under Philippine courts. not fitted for release, he shall continue serving his sentence
2. Exceptions / Disqualified (Section 2), law will NOT until the end of the maximum. It is the fixing of the minimum
apply to persons: and maximum terms, which generates a lot of confusion and
a) Convicted of offense punishable by death penalty is the constant source of error of some judges.
or life imprisonment;
b) Convicted of treason, conspiracy or proposal to The act should be applied in imposing a prison
commit treason sentence for a crime punishable either by special law or by
c) Convicted of misprision of treason, rebellion, the Revised Penal Code. Under Section 1 of Act No. 4103, as
sedition or espionage; amended by Act No. 4225, if the offense is punished by
d) Convicted of piracy; special law, the court shall sentence the accused to an
e) Who are habitual delinquents; indeterminate penalty, the maximum term of which shall not
f) Election offenses exceed the maximum fixed by said law and the minimum term
g) Who escaped confinement or evaded sentence or shall not be less than the minimum prescribed by the same. If
violated the terms of a conditional pardon; the offense is punished by the Revised Penal Code, the court
h) Whose maximum term of imprisonment (imposed) shall sentence the accused to an indeterminate penalty, the
does not exceed one year; maximum term of which shall be the penalty imposable under
i) Convicted of terrorism, plunder and transnational the same Code after considering the attending mitigating
Crimes. and/or aggravating circumstances according to Article 64 of
j) Undergoing trial and appeal the said Code. The minimum term of the same shall be within
k) Whose penalty is suspension or destierro; and the range of the penalty next lower to that prescribed by the
l) Person already sentenced by final judgment at the Code for the offense.
time this Act was approved (December 5, 1933).

PRIORITIES IN GIVING PAROLE

a) Youth
b) Aged
c) Physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is bind or
similar disabilities;
d) Serious illness and other life-threatening disease as
certified by a government physician;
e) Those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;
BOARD OF PARDONS AND PAROLE
✓ The Board of Pardons and Parole was created pursuant
to Act No. 4103, as amended. It is the intent of the law to
uplift and redeem valuable human material to economic
usefulness and to prevent unnecessary and excessive
deprivation of personal liberty.
✓ grants parole and recommend to the President the grant
of any form of executive clemency to deserving prisoners
or individuals
✓ reviews reports submitted by the Parole and Probation
Administration (PPA) and make necessary decisions
✓ a functional unit under the Department of Justice.
 A Chief Probation and Parole Officer may authorize
MEMBERS OF THE BPP a client to travel outside his area of operational jurisdiction for
a period of not more than thirty (30) days. A travel for more
Secretary of Justice who shall be its Ex-officio Chairman than 30 days shall be approved by the Regional Director.

Members: TRAVEL ABROAD AND/OR WORK ABROAD

a) sociologist,
b) one a clergyman or educator Any parolee or pardonee under active
c) one psychiatrist, supervision/surveillance who has no pending criminal case in
d) trained and experience person any court may apply for overseas work or travel abroad.
e) a member of the Philippine BAR. However, such application for travel abroad shall be approved
by the Administrator and confirmed by the Board.
Ex-Officio Member – Administrator of the PPA
✓ At least one member of the board shall be a woman WHAT IF THE PAROLEE VIOLATED THE CONDITIONS
✓ Appointed by the President for 6 years OF PAROLE?
1. The PPO shall produce a progress report
BOARD OF PARDON AND PAROLE VS PAROLE AND 2. The PPO afterwards shall submit an infraction report
PROBATION ADMINISTRATION to the board of pardons and parole
3. Upon receipt of an infraction report, the board may
BPP PPA ORDER THE ARREST OR RECOMMITMENT
UNDER DEPARTMENT OF JUSTICE (OAR) of the client.
HEADED BY A CHAIRMAN HEADED BY AN 4. The board may recommend the cancellation of the
(SEC DOJ) ADMINISTRATOR pardon or cancel the grant of parole
READ THE REPORTS OF CONDUCTS PSI
PPA & SUPERVISION
APPROVES & REVOKES SUBMITS REPORT TO
PAROLE COURT AND BPP EFFECT OF RECOMMITMENT OF CLIENT - The client who
RECOMMENDS EXECUTIVE RECOMMENDS THE is recommitted to prison by the Board shall be made to serve
CLEMENCIES TO THE REVOCATION OF PAROLE the remaining unexpired portion of the maximum sentence
PRESIDENT AND PROBATION for which he was originally committed to prison
RECOMMENDS THE CENTRAL OFFICE FOR
REVOCATION OF PARDON PPO’S PAROLE PROBATION
WHAT DOCUMENT IS NECESSARY FOR AN INMATE TO Continue the remaining Serve the original sentence
BE RELEASED ON PAROLE? maximum sentence in full

“RELEASE DOCUMENT / DISCHARGE ON PAROLE”

TERMINATION / COMPLETION OF PAROLE AND
HOW LONG WILL BE THE PAROLE SUPERVISION? CONDITIONAL PARDON SUPERVISION

The period of parole supervision shall extend up to
the expiration of the maximum sentence which should appear
in the Release Document, subject to the provisions of Section
6 of Act No. 4103 with respect to the early grant of Final
Release and Discharge.
TRANSFER OF RESIDENCE
A client may not transfer from the place of residence
designated in his Release Document without the prior written
approval of the Regional Director subject to the confirmation
by the Board
OUTSIDE TRAVEL
After the expiration of the maximum sentence of a
client, the Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has substantially
complied with all the conditions of his parole/pardon, issue a
CERTIFICATE OF FINAL RELEASE AND DISCHARGE
(CFRD) to a parolee or pardonee. However, even before the
expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer,
the Board may issue a certificate of Final Release and
Discharge to a parolee/pardonee pursuant to the provisions
of Section 6 of Act No. 4103, as amended.
WHAT IS THE DOCUMENT REQUIRED BEFORE THE
ISSUANCE OF THE CFRD?
“SUMMARY REPORT” - refers to the final report submitted
by the Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final release and
discharge;
WHAT IS EFFECT OF CERTIFICATE OF FINAL RELEASE
AND DISCHARGE?
Upon the issuance of a certificate of Final Release
and Discharge, the parolee/pardonee shall be finally released
and discharged from the conditions appearing in his release
document. However, the accessory penalties of the law which
have not been expressly remitted therein shall subsist.
OTHER FORMS OF NON-INSTITUTIONAL
CORRECTIONS
EXECUTIVE CLEMENCY - collective term for absolute
pardon, conditional pardon, reprieve, amnesty and
commutation of sentence
HOW TO APPLY FOR EXECUTIVE CLEMENCY?
A formal petition for executive clemency addressed
as follows shall be submitted to the Board before the question
of said clemency will be considered.
“The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor. East Avenue, Diliman,
Quezon City”
PARDON
✓ an act of grace proceeding from the power entrusted
with the execution of the laws which exempts the
individual on whom it is bestowed from the
punishment that the law inflicts for a crime he has
committed; pardoning power is exercised by the
President
✓ is a form of executive clemency which is exercised 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 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.
HISTORY OF PARDON
The exercise of the pardoning power has always been
vested in the hands of the executive branch of the
government, whether King, Queen, President or Governor.
Pardon dates back to the pre-Christian era. in fact the bible
contains an illusion where a criminal was released and
pardoned by the King at the time Christ was crucified.
In England, pardon was developed out of the conflict
between the King and the Nobles who threatened their
powers. Pardon was applied to members of the 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 advice of the Minister of the Interior.
In the United States, pardoning among the early American
colonists was a carry-over of the English practice. The
pardoning power was exercised by the Royal governor
through the power delegated by the King. After the declaration
of Independence, the Federal and state constitutions vested
the pardoning power on the President of the United States
and the Governor in federal and state cases, respectively.
In the Philippines, the Jone’s Law Section 21 stated that
“the Governor General of the Philippine Islands is vested with
the power to grant pardons and reprieves and remit fines and
forfeiture”. Currently, the pardoning power is vested in the
Prime Minister by Article IX, Section14 of the Philippine
Constitution which states:
“The Prime Minister shall have the power to grant reprieves,
commutations, and pardons, and remit fine and forfeitures,
after convictions for all offenses, except cases of
impeachment, upon such conditions and with such
restrictions and limitations as he may deem proper to impose.
He shall have the power to grant amnesty with the
concurrence of the Congress. “
KINDS OF PARDON
1. ABSOLUTE PARDON - the extinction of the criminal
liability of the individual to whom it is granted without any
condition and restores to the individual his civil rights
The purposes of this kind of pardon are-
a. TO DO AWAY WITH THE MISCARRIAGE OF
JUSTICE.
Under the present method of judicial procedure
justice is not guaranteed. It is possible to convict innocent
person as it is possible for criminals to escape the hands of
justice. When an innocent convict has no more recourse
through courts, the remedy is absolute pardon. The power of
the President or Prime Minister to pardon offenders on the
grounds of innocence is rarely exercised because the criminal
procedures are liberal in granting a new trial in the case of an
offender has no more legal remedy will pardon of this nature
be given. If so exercised, absolute pardon is granted after an
exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.
b. TO KEEP PUNISHMENT ABREAST WITH THE
CURRENT PHILOSOPHY, CONCEPT OR
PRACTICE OF CRIMINAL JUSTICE
ADMINISTRATION.
A criminal act, because of changing scheme of
social values, may become non-criminal at a later date.
Therefore, persons serving imprisonment at the time of the
repeal of the law abolishing the crime may be extended
absolute pardon. For example, a person serving
imprisonment for black-marketing of gasoline when this
commodity was rationed, may after the repeal of the law on
black-marketing be extended absolute pardon.
c. TO RESTORE FULL POLITICAL AND CIVIL
RIGHTS OF PERSONS WHO HAVE ALREADY
SERVED THEIR SENTENCE AND HAVE WAITED
THE PRESCRIBED PERIOD.
The greatest number of application for absolute
pardon come from ex-prisoners who desire to be restored
their political and civil rights. In the Philippines, the Office of
the President laid down the policy to grant absolute pardon to
ex-prisoners ten years from the date of their release from
prison. Recently the policy was relaxed, thereby shortening
the waiting period of five years. The waiting period is required
to give the offender an opportunity to demonstrate that he has
established a new pattern of conduct.
CRISTOBAL VS LABRADOR
The case where the Supreme Court laid down the doctrine
that the absolute Pardon removes all that is left of the
consequences of conviction, and that it is absolute in so far
it restores the pardonee to full civil political right
2. CONDITIONAL PARDON
The extinction of the criminal liability of an individual,
within certain limits or conditions, from the punishment which
the law inflicts for the offense he has committed
Conditional Pardon serves the purpose of releasing,
through executive clemency, a prisoner who is already
reformed or rehabilitated but who cannot be paroled because
the parole law does not apply to him. Thus a prisoner serving
a determinate sentence or life imprisonment is excluded from
the benefits of the parole law. However, when this prisoner
has already been reformed, he may be released on
conditional pardon.
OTHER TYPES OF PARDON
1. SPECIAL PARDON – Pardon given to a single
individual
2. GENERAL PARDON - pardon given to classes or group
of person.
EFFECTS OF PARDON
1) It removes penalties and disabilities and restores
full civil and political rights;
2) It does not discharge the civil liability of the
convict to the individual he has wronged, as the
President has no power to pardon a private wrong;
3) It does not restore offices, property or rights
vested in others in consequence of the
conviction. Under our law, a pardon shall not work
the restoration of the right to hold public office or the
right of suffrage unless such rights be expressly
restored by the terms of the pardon.
LIMITATIONS /DISQUALIFICATION UPON THE
PARDONING POWER
1) It may not be exercised for offenses in impeachment
cases;
2) It may be exercised only after conviction by final
judgment;
3) It may not be exercised over civil and legislative
contempt;
4) In case of violation of election law or rules and
regulations, no pardon, parole or suspension of sentence
may be granted without the recommendation of the
Commission on Elections.
5) During pendency of case or trial or during appeal
6) Violation of Art. 157 – evasion of service of sentence for
1 year from the time of recommitment
7) It cannot be exercised to violation of tax laws.
It is an elementary principle in political law that pardon
can only be given after final conviction. Cases pending trial
or an appeal are still within the exclusive jurisdiction of the
courts; hence, pursuant to the theory of separation of powers,
the Chief Executive has no jurisdiction over the accused.
Prisoners who escaped or evaded service of sentence
are not eligible for executive clemency for a period of one
(1) year from the date or their last recommitment to prison
or conviction for evasion of service of sentence
ELIGIBILITY FOR CONDITIONAL PARDON
He must have served at least one half (1/2) of the
minimum of his indeterminate sentence or the following
portions of his prison sentence:
 - at least two (2) years of the minimum sentence if
convicted of Murder or Parricide but not sentenced
to Reclusion Perpetua
- at least one (1) year of the minimum sentence if
convicted of Homicide
- at least nine (9) months if convicted of Frustrated
Homicide
- at least six (6) months if convicted of Attempted
Homicide
NATURE OF CONDITIONAL PARDON
Conditional pardon is in the nature of a contract, so
that it must first be accepted by the recipient before it takes
effect. The pardonee is under obligation to comply strictly with
the conditions imposed therein; otherwise, his non-
compliance will result to the revocation of the pardon. (Art. 95,
RPC). If the pardonee violates any of the conditions of his
pardon, he will be prosecuted criminally as a pardon violator.
Upon convictions, the accused will be sentenced to serve an
imprisonment of prison correctional. However, if the penalty
remitted by the granting of such pardon be higher than six
years, the pardonee will be made to serve the unexpired
portion of his original sentence. (Art. 159, RPC)
HOW CONDITIONAL PARDON IS GIVEN?
Conditional Pardon may be commenced by a
petition filed by the prisoner, his family or relative, or
upon the recommendation of the prison authorities. The
petition or request is processed by the Board of Pardons
and Parole. The Board shall determine if the prisoner has
served a sufficient portion of his sentence; his release is not
inimical to the interest of the community; and that there is
likelihood that the offender will not become a public charge
and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably
to the President. If the case is premature, the petitioner is so
informed.
SOME GUIDES IN PARDON SELECTION
IN DETERMINING THE FITNESS OF A PRISONER FOR
RELEASE ON CONDITIONAL PARDON, THE
FOLLOWING POINTS SHALL BE CONSIDERED AS
GUIDES.
a. The political, organizational or religious affiliation of
the prisoner should be disregarded.
b. Due ( but not undue ) regard should be given the
attitude of the people in the community from which
he was sentenced.
c. The judicial history of the case should be carefully
investigated.
d. The background of the prisoner before he was
committed to prison – social, economic,
psychological and emotional backgrounds – should
be carefully investigated.
CONDITIONAL PARDON DISTINGUISHED FROM
PAROLE.
The purpose of conditional pardon and parole is the
same – the release of a prisoner who is already reformed in
order that he can continue to serve his sentence outside of
the institution, thus giving him the opportunity to gradually
assume the responsibilities of a free man. Both releases are
subject to the same set of conditions will subject the
parolee or pardonee to be recommitted to prison. The only
difference between the two is the granting authority. In parole
the granting authority is the Board of Pardons and Parole,
while in conditional pardon, the granting authority is the
President.
CONDITIONS OF PARDON
In the Philippines, the pardonee is given the same set of
rules or conditions as the parolee. Among the conditions
usually imposed on pardonees and parolees are the following:
a. That he shall live in his parole residence and
shall not change his residence during the period
of his parole without first obtaining the consent of the
Board of Pardons and Parole. If the parolee or
pardonee leaves the parole jurisdiction temporarily,
he needs not get the permission of the Board,
although he may so inform his parole officer
(Municipal Judge) of his whereabouts.
b. That he shall report to the Municipal Judge ( of the
town where he will reside ) or to such officer as may
be designated by the Executive Officer of the Board
of Pardons and Parole during the first year once a
month and, thereafter, once every two months or
as often as he may be required by said officer.
c. That he shall not indulge in any injurious or
vicious habits, and shall avoid places or persons of
disreputable or harmful character.
d. That he shall permit the Provincial Commander,
Philippine Constabulary or any officer designated by
the Executive Officer of the Board to visit him at
reasonable times at his place of abode or elsewhere
and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
e. That he shall not commit any crime and shall conduct
himself in an orderly manner.
f. That he shall pay not less than P50.00 a month to
the cashier of the Department of Justice in payment
of the indemnity imposed upon him.
g. That he shall comply with such orders as the Board
or its Executive Officer may from time to time make.
 ABUSE OF THE PARDON POWER AND ITS
SAFEGUARDS
There are certain safeguards, however, against the abuse
of the pardoning power. First is the constitutional provision
that the President may be impeached for a willful violation
of the Constitution. This is enough deterrent for the Chief
Executive to abuse this power. Second, is the policy of the
Office of the Chief Executive, ever since the time of the
American Governors General, to approve pardon cases
which are favorably recommended by the Board of
Pardons and Parole. Although this policy does not wholly
bind the President, seldom, if ever, has it been disregarded?
COMMUTATION OF SENTENCE
- Reduction or lowering, shortening of sentence
- an executive clemency changing a heavier sentence
to a less serious one, or a longer prison term to a
shorter one
- granted by the president with the recommendation of
the BPP
- granted after conviction but do not erase the fact of
conviction of the person
- granted with condition of maintaining good behavior
KEY TERMS (LO-MI-RE-DI-SHO-T)
LO - lowering
MI - mitigation
RE - reduction
DI – diminution
SHO - shortening
T - Transforming
ELIGIBILITY FOR COMMUTATION OF SENTENCE
He must have served at least one third (1/3) of the
minimum of his indeterminate sentence or the following
portions of his prison sentence consisting of Reclusion
Perpetua:
- at least ten (10) years if convicted of Robbery with
Homicide, Robbery with Rape, or Kidnapping with
Murder
- at least eight (8) years if convicted of Simple Murder,
Parricide, Rape or Violation of anti-drug laws
- at least twelve (12) years if given two or more
sentences of Reclusion Perpetua
- at least twenty (20) years in case of two (2)
sentences for Reclusion Perpetua, provided that at
least one (1) of the sentences had been
automatically commuted from a death sentence
REPRIEVE
“Reprieve” refers to the deferment of the
implementation of the sentence for an interval of time; it does
not annul the sentence but merely postpones or suspends
its execution. The postponement / withholding or
temporary stay of the execution of a death sentence
Reprieve is a temporary stay of the execution of
the sentence. Like pardon, the President can only exercise
reprieve when the sentence has become final. Generally,
reprieve is extended to death penalty prisoners. The date of
the execution of sentence is set back several days to enable
the Chief Executive to study the petition of the condemned
man for commutation of sentence or pardon.
KEY TERM (SU-PO-T-CA-W)
SU – suspension
PO – postponement
T – temporary stay
CA – cancellation
W – withdrawal or withholding
WHEN A DEATH SENTENCE MAY BE SUSPENDED?
Death sentence shall be suspended when the accused is:
1. Woman, while pregnant;
2. Woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as
regards a person over 70 years old is necessary to
give the President time to act, because only the
President can communicate the sentence.
5. In cases wherein, a convicted prisoner became
insane before the actual date of execution.
AMNESTY
- Came from the Latin word “Amnestia” means to
forget
- an act of the sovereign power granting oblivion or
general pardon for a past offense usually granted
in favor of certain classes of persons who have
committed crimes of a political character, such as
treason, sedition or rebellion
- Also known as General Pardon or Blanket Pardon
- Forgiveness which one sovereign grant to the
subjects of another, who have offended by some
breach of the law of nations.
DISQUALIFICATION FOR AMNESTY
✓ Proclamation No. 75 made clear that the amnesty
"shall not cover rape, acts of torture, crimes against
chastity and other crimes committed for personal
ends."
 Rules, procedures, and further requirements to
implement Proclamation No. 75 were contained in Circular
No. 1 of the DND Amnesty Committee.
It included a condition where the applicant should have
an "express admission" of participation and guilt, and a
"recantation of all previous statements" that are not
consistent with the admission.
✓ Cannot also be granted in cases of impeachment
✓ Cannot be applied to cases of violation of election laws
without favorable recommendation from the
COMELEC
✓ Cannot be granted in cases of RA 9745 or anti torture
law.
✓ Cannot be extended to cases of civil and legislative
contempt.
EFFECTS OF AMNESTY
1. LOOKS BACKWARD: EXTINGUISHES CRIMINAL
LIABILITY - Amnesty totally extinguish criminal liability
and produce total oblivion.
2. RESTORE CIVIL AND POLITICAL RIGHTS -
Amnesty restores all the civil and political rights lost
due to criminal and other actions or proceedings as a
product of conviction.
PROCESS OF GRANT OF AMNESTY
1. Proclamation of the president granting amnesty,
specifying the crime committed and specific names of
individual(s) that can avail amnesty
2. Concurrence of majority of the members of Congress
3. Application of the beneficiaries
4. Admission of Guilt
5. Review by the ad hoc committee for qualification
6. Referral clearance by the ad hoc committee to DND if
the crime is against national security and to
COMELEC if against election laws for
recommendation
7. Decision of the Ad Hoc Committee to grant amnesty
SALIENT POINTS OF RA 10592
PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED
FROM TERM OF IMPRISONMENT
1. FULL TIME CREDIT ALLOWANCE FOR PREVENTIVE
IMPRISONMENT
✓ If the inmate agrees to the rules in writing that he will
be treated as like a regular convicted inmate
(inmate’s manifestation)
✓ If didn’t agree to abide with the rules, the inmates will
be given 4/5 of the credit
Whenever an accused has undergone preventive
imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is
under review.
In case the maximum penalty to which the accused may
be sentenced is Destierro, he shall be released after thirty
(30) days of preventive imprisonment."
2. GOOD CONDUCT TIME ALLOWANCE
OLD GCTA LAW ART 97. RPC
1. 1st 2 year – 5 days per month
2. 3rd – 5th year – 8 days per month
3. 6th – 10th year – 10 days per month
4. 11th – succeeding years – 15 days per month
Granted only by the director of BUCOR to a convicted
inmate & cannot be applied in BJMP
Act No. 2489, otherwise known as the Industrial
Good Time Law, provides that when a prisoner has been
classified as trusty or penal colonists, he is given an
additional 5 days’ time allowance for every month of
service. A prisoner serving life sentence has his sentence
automatically reduced to 30 years of imprisonment upon
attaining the classification of trusty or penal colonists
The abovementioned privilege will not apply if,
✓ When they are recidivists, or have been convicted
previously twice or more times of any crime
(habitual delinquents); and
✓ When upon being summoned for the execution of
their sentence they have failed to surrender
voluntarily (escapees.
✓ Convicted of Heinous Crimes (RA 7659)
NEW GOOD CONDUCT TIME ALLOWANCE
(RA 10592)
1. 1st 2 years – 20 days / month
2. 3rd to 5th year – 23 days / month
3. 6th to 10th year – 25 days / month
4. 11th up – 30 days / month
5. - 15 days / month for studying and mentoring
May be granted by the Director of BJMP, Director
of BuCor and Provincial, City and Municipal Jail Wardens
and can now be granted even to a detainee while undergoing
trial.
3. SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)
ART. 98 – Deduction of 1/5 if the convict voluntarily
surrendered within 48 hours after the declaration of
passing of calamities or conflagration or even man-made
crisis
RA 10592 – deduction of 2/5 if the inmate stayed while
disaster is present.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."

Art 158 – Evasion of Service of Sentence due to failure

to return within 48 hours after passing of calamity or
disorder. Surrendered after 48 hours shall also be
charged with Art. 158 but must be given the mitigating
circumstance of voluntary surrender

DIFFERENCES BETWEEN AMNESTY AND PARDON and OTHER CBRP’S

PARDON AMNESTY
Granted by the president Granted by the president with concurrence of
congress
1 pardon = 1 person 1 amnesty = group
Granted after conviction Even before trial or filing of complaint
General types of crimes For political crimes only
Accused/inmate’s Remedy Granted by When to be Availed
PARDON President After final conviction
REPRIEVE President After final conviction

COMMUTATION President After final conviction

AMNESTY President with the concurrence of the Before the prosecution of

majority of all the Congress criminal action, during
trial or before the
judgment, or even after
conviction
PROBATION The court that heard and decided the Within 15 days following
case the promulgation of
judgment
PAROLE The Board of Pardons and Parole After service of the
minimum period of
indeterminate sentence
GCTA The Director of the BUCOR or by the Every month upon
BJMP or by Provincial Jail showing good behavior
OLD RULE = 5,8,10,15
NEW LAW = 20,23,25,30
STAL The Director of the BUCOR or by the 1/5 of the sentence if
BJMP or Provincial Jail returned to jail within 48
hours after the
pronouncement of the
passing away of calamity.