ISU Non Institutional Correction Instruc

Isabela State University
San Fabian, Echague, Isabela
Non-Institutional Correction
(Probation, Parole ad Executive Clemency)
An Instructional Material
Reynaldo M. Esmeralda, M.S. Crim.

Instructor
Second Semester
School Year 2015-2016
ISABELA STATE UNIVERSITY ECHAGUE
VMGO
UNIVERSITY VISION
The Isabela State University as a leading, vibrant, comprehensive and Research University in the country and the ASEAN region.
UNIVERSITY MISSION
The Isabela State University is committed to develop highly trained and globally competent professionals; generate innovative
and cutting-edge knowledge and technologies for people empowerment and sustainable development; engage in viable
resource generation programs; and maintain and enhance stronger partnerships under good governance to advance the
interests of national and international communities.
GOALS OF THE COLLEGE OF ARTS & SCIENCES

1. Provide general education in the arts and sciences for the development of students mentally, socially, spiritually, and
emotionally transforming them into well-rounded individuals.
2. Develop students into productive citizens both economically and socially with the end in view of improving the quality
of their lives and that of their fellowmen.
3. Produce graduates, majority of whom are locally and globally competitive in their chosen fields of their careers.
4. Cultivate and sharpen students’ potentials and hasten their relationship capabilities to answer the needs of their
community and society to which they belong.
OBJECTIVES OF THE PROGRAM
General Objective
The program provides the community with professionally competent and orally upright graduates who can deliver
efficient and effective services in crime prevention, crime detection and investigation, law enforcement, and custody and
rehabilitation of offenders, among others.
The program is also envisioned as significant educational institutions actively and continually involved in producing
graduates who have the knowledge and skills in addressing the problem of criminality in the country and the competence to
meet the challenge of globalization in the field of criminology.
Specific Objectives
The BS Criminology program aims to:
1. Foster the values of leadership, integrity, accountability and responsibility while serving their fellowmen,
community and country.
2. Prepare the students for careers in crime prevention, law enforcement, scientific crime detection and correctional
administration;
3. Encouraged research and inquiry on the nature, causes, treatment or punishment of criminal justice agencies
respond to crime, criminals and victims.
2 Non-Institutional Correction Instructional Material Reynaldo M. Esmeralda, M.S.

Crim.
“This is for criminological purposes and therefore not for sale.” School Year 2015-2016
Parole and Probation

Administration (PPA) JOHN AUGUSTUS – “The father
Official Logo of probation in USA.”
Subject Code: Correctional Administration (CA) 2
Course Description: The course focuses on Presidential Decree 968, otherwise known as the “Probation Law of
1976 as Amended, “establishing a probation system in the Philippines, its historical background, philosophy,
concepts and operation as a new correctional system, investigation, selection and condition of probation,
distinction between incarceration, parole, probation and other forms of executive clemency, total involvement of
probation in the administration of the Criminal Justice System.
This course also treats the study of act 4103, as amended, otherwise known as the “Indeterminate Sentence Law”
that created the Board of Pardons and Parole, system of releasing and recognizance, execution, clemency and
pardon.
General Objectives: Upon completion of the course the students are expected to:
1. interpret the provisions of laws related to probation, parole and executive clemency;
2. explain fully the basic concepts, principles and philosophy of the Probation System as well as parole and
executive clemency;
3. describe the relationships of the probation administration with the other pillars of criminal justice system;
4. recommend or provide solutions or problems involving probation investigation and supervision;
5. discuss the operations of probation in the country;
6. apply learned concepts in their everyday life.
Student Name: __________________________________________________________________________
Address: _______________________________________________________________________________

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CHAPTER I
INTRODUCTION TO COMMUNITY BASED
CORRECTION PROGRAM
Further, it is define as a GENERIC TERM that includes all
government agencies, facilities, programs, procedures,
CHAPTER CONTENTS personnel, and techniques concerned with the
1. The Present Philippine Correctional Set-Up investigation, intake, custody, confinement, supervision, or
2. Community-Based Correction Programs in the treatment of alleged offenders.
Philippines
3. Advantage of Community Based Correction B. DUAL PURPOSE OF CORRECTIONS
Programs 1. To punish and
4. The role of Community Corrections in the 2. To rehabilitate the offender.
Criminal Justice System
5. Basic Principles Underlying the Philosophy of C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL
Community-Based Treatment Programs JUSTICE SYSTEM
6. Subject coverage Correction is the fourth pillar of the PCJS, and
identified as the weakest pillar. As a field of criminal justice
SPECIFIC OBJECTIVES administration, it utilizes the body of knowledge and
At the end of the chapter, students should be able to: practices of the government and the society in general
1. define correction and identify its role as involving the process of handling individuals who have
component of criminal justice system. been convicted of offenses for purposes of crime
2. illustrate and understand the present Philippine prevention and control.
correctional set-up. Among the five pillars of the criminal justice system,
3. define community-based correction. corrections is the least heard, known or understood society
4. differentiate and compare institutional correction seems to have some reluctance to look at it although its
to community based correction program. role in the reformation and rehabilitation of offenders
5. identify the advantages of community based cannot be overemphasized. Furthermore, jail
correction program and explain its role in the administration and control in our country is distributed to
criminal justice system. at least, four agencies:
6. identify and justify the basic principles underlying 1. The BUREAU OF CONNECTIONS (BUCOR), under
the philosophy of community based-treatment the DOJ; which has supervision over the national
programs. penitentiary and its penal farms;
7. enumerates and differentiates the forms of 2. The BUREAU OF JAIL MANAGEMENT AND
community based correction program. PENOLOGY (BJMP), under the DILG; which has the
exclusive control over all city, municipal and
district Jails nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG;
I. THE PRESENT PHILIPPINE which supervise and control their respective
provincial and sub-provincial Jails; and
CORRECTIONAL SET-UP 4. the DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD), which takes care of,
A. WHAT IS CORRECTION? among others, youthful offenders entered in
Correction is the branch of the administration of CJS detention centers for juveniles, aside from thesce,
charged with the responsibility for the custody, supervision Other agencies under this pillar are the: (Community
and rehabilitation of convicted offenders. It is also define Based Correction)
as the STUDY OF JAIL OR PRISON MANAGEMENT AND 1. The Parole and Probation Administration (PPA)
ADMINISTRATION as well as the rehabilitation and under the Department of Justice (DOJ); and
reformation of criminals.

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2. The Board of Pardons and Parole also under the the giant has taken up and is stretching its enormous arms
Department of Justice. and legs. OPLAN DECONGESTION must be put in place to
lay this giant back to sleep.
NOTA BENE: There are also LOCK-UP JAILS under the OPLAN DECONGESTION was formalized through the
Philippine National Police (PNP); this fragmented execution of a memorandum of agreement on February 12,
administration of jails often creates confusion since many 1993. Among the public attorney’s office, the parole and
are not aware of this set-up. probation administration, the Board of Pardons and Parole
which are all under the Department of Justice, and the
Generally, corrections, as a component of the system Bureau of Jail Management and Penology which is under
are responsible for: the Department of the Interior and local government. The
1. The MAINTENANCE of institution such as prisons, avowed PURPOSE of said agreement (MOA) was jail
jails, halfway houses, and others. decongestion through collective and cooperative efforts.
2. The PROTECTION of law-abiding members of society Realizing that all helps available must be harnessed to
by keeping convicted offenders from preying on effectively combat overcrowding or congestion in jails, the
society. said memorandum of agreement was EXPANDED on
3. The REFORMATION and rehabilitation of offenders in August 17, 1993 with the inclusion of the National
preparation for their eventual reintegration to the Prosecution service or (NAPROS) as the fifth party thereto.
mainstream of society and helping them lead a True to its form, the MOA spreads up its intent through
normal life after release. seminars. These offered opportunities to officials and
4. The DETERRENCE of crimes, experience in prison and personnel of the tasked agencies to familiarize themselves
the fear of isolation and denial of liberty will with the mechanics of the agreement, as well as to offer
influence inmates and potential offenders to lead a avenue to discuss various aspects of how jails are to be
life not in conflict or afoul with the law. decongested.
D. DECONGESTION OF JAILS E. LAW AND DECREES USUALLY AVAILED OF TO

There are several laws, decrees and circulars which we DECONGEST JAILS
implement to decongest our jails. But before we discuss
these, allow me to show you how congested our jails are as 1. Presidential Decree No. 603, known as the child and
far as the national capital region is concerned. young welfare code, suspends sentence of minor
Jail congestion is not a recent phenomenon, nor is it offenders whose ages range from nine (9) years to
confined in the Philippines alone. Jail congestion is under eighteen (18) years and place them in
WORLDWIDE. Some industrialized countries like the United rehabilitation centers under the supervision of the
States, experience it, let me cite a few examples: Rikkers Department of Social Welfare and Development before
Island in New York is actually an island prison facility. It is they are released to the custody of their parents or to
overcrowded. To cushion the effect of congestion, two any responsible person.
floating dormitories were constructed to confine offenders
therein; in 1995 or four years ago. Director General Keith 2. Batas Pambansa Bilang 85, authorizes the release of a
Hamburger of the Queensland services commission of detainee who has undergone preventive imprisonment
Australia reported that congestion is also a problem in his equivalent to the maximum imposable sentence for the
country. offense he is charged with’
In January of 1994, in Manila, Ronald W. Nikkel,
president of prison fellowship international who had toured 3. Article 96 of the Revised Penal Code, provides that in
some of the jails in the National Capital Region (NCR) and meritorious cases, the commutation of the prisoner’s
the New Biliid Prisons of the Bureau of corrections in sentence through presidential action shall be upon the
Municipal City observed and commented that in the 41 recommendation of the court which imposed the
countries of the world he had traveled, most have a same; and ARTICLE 97, which provides that a prisoner
problem on congestion. He added that this problem is shall be entitled to a deduction from his prison term for
PREVALENT IN THIRD WORLD COUNTRIES. good conduct; and
In our country, jail congestion, particularly in big cities
and municipalities, has been a PERENNIAL PROBLEM ever 4. DOJ Memorandum Circular no. 6 which directs all
since. This problem, to borrow a parallelism, is a sleeping wardens or anyone in-charge of local jails to effect the
giant. Unfortunately, for jail administrators and personnel,

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immediate transfer of national prisoners to the Bureau supervises and controls the national prisons and penal
of corrections. farms.
5. Republic Act No. 9165- Comprehensive Dangerous 2. Non-Institutional Correction or Community-Based

Drug Act of 2002 (July 4, 2002) -1st time minor offender Approach- It refers to correctional activities that may
(probation) for use 2 possession only./deport take place within the community or the method of
correcting sentenced offenders without having to go
6. Republic Act No. 9344 – Juvenile & Justice welfare Act to prison.
of 2006 (May) Not all convicted offenders have to serve their
sentence behind bars. Some of them are allowed to
7. Republic Act No. 6036, known as the release on stay in the community, subject to the conditions
recognizance law, provides for the release of offenders imposed by the court.
charged with an offense whose penalty is not more They are either granted probation, parole,
than six (6) months and/or a fine of Two Thousand conditional pardon or recognizance. The parole and
pesos (2,000) or both, to the custody of a responsible probation Administration under the Department of
person in the community, instead of a bail bond; Justice is the government agency that supervises the
activities of the probationer, parolee and pardonee and
8. Republic Act No. 6127, fully deducts the period of the monitors his compliance with conditions imposed.
offenders’ preventive detention from the sentence
imposed by the courts; What is a Community correction?
It is a sanction in which offenders serve some or all
9. Republic Act No. 4103, as amended, creating the Board their sentence in the community. It is sometimes referred
of Pardons and Parole tasked to look into the physical, to as non-institutional corrections. The subfield of
mental and moral record of prisoners to determine corrections in which offenders are supervised and provided
who shall be eligible for parole or conditional pardon. services outside jail or prison.
10. Presidential Decree No. 968 July 24, 1976 is the DISTINCTION BETWEEN INSTITUTIONAL AND NON-
Philippine Probation Law of 1976. Probation is, of INSTITUTIONAL CORRECTION
course, a very important legal instrument that
contributes to the decongestion of Philippine jails. Institutional Non-Institutional
That aspect of the That aspect of the
F. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM correctional enterprise correctional enterprise
The Philippine Correctional System has two that involves the that includes pardon,
approaches, and these are, the Community based and incarceration and probation, and parole
institution-based systems. rehabilitation of adults activities, correctional
and juveniles convicted administration not
1. The Institution-Based Approach-The rehabilitation of of offenses against the directly connectable to
offenders in jail or prison law, and the institutions, and
The institution-based approaches has three levels confinement of persons miscellaneous (activity)
and are manned by three different government suspected of a crime not directly related to
agencies responsible for the supervision and control of awaiting trial and institutional care.
the numerous institutional facilities nationwide which adjudication.
provide safekeeping and rehabilitation of inmates,
namely:
1. The national prison’s and penal farms under the
Department of justice;
II. COMMUNITY-BASED
2. The provincial and sub-provincial jails under the CORRECTION PROGRAMS IN THE
provincial government; and
3. The City, Municipal and District Jails under the PHILIPPINES
Department of Interior and Local Government. The Community-Based Treatment Programs are those
The Bureau of corrections, headed by a non- programs that are intended to treat criminal offenders
uniformed director, under the department of Justice, within the free community as alternatives to confinement.

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It includes all correctional activities directly addressed to a. Seeing that offenders comply with the orders of
the offender and aimed at helping him to become a law- community sentences.
abiding citizen. b. Helping offenders identify and address their
Community-based correction programs began in the problems and needs.
1970s, 1980s, and 1990s. The programs offer an alternative
to incarceration within the prison system. Many
criminologists believed a significant number of offenders
V. BASIC PRINCIPLES UNDERLYING
did not need incarceration in high security prison cells. THE PHILOSOPHY OF
Some inmates, who might otherwise have been ready to
turn away from a life of crime, instead became like the COMMUNITY-BASED TREATMENT
hardened criminals they associated with in prison. PROGRAMS
In response, states, counties, and cities established The following are the basic principles underlying the
local correctional facilities and programs that became philosophy of community-based treatment programs:
known as community-based corrections. These facilities,
located in neighborhoods, allowed offenders normal family 1. Humanitarian Aspect - Imprisonment is not always
relationships and friendships as well as rehabilitation advisable. Placing a person to custodial coercion is
services such as counseling, instruction in basic living skills, to place him in physical jeopardy, thus drastically
how to apply for jobs, and work training and placement. narrowing his access to sources of personal
satisfaction and reducing his self-esteem.
III.ADVANTAGES OF COMMUNITY-
2. Restorative Aspect - There are measures expected
BASED CORRECTION to be achieved by the offender, such as an
1. Family members need not be victims establishment of a position in the community in
also for the imprisonment of a member because which he does not violate the laws. These
the convict can still continue to support his family. measures may be directed at changing and
2. Rehabilitation will be more effective controlling the offender. The failure of the
as the convict will not be exposed to hardened offender to achieve these can result to recidivism.
criminals in prisons who will only influence him to a
life of crime. 3. Managerial Aspect - Managerial skills are special
3. Rehabilitation can be monitored by importance because of the sharp contrast
the community thus corrections can be made and between the per capital cost of custody and any
be more effective. kind of community program. It is easier to manage
4. It is less costly on the part of the those undergoing community based treatment
government. Cost of incarcerations will be programs than that of custodial control.
eliminated which is extremely beneficial on the
part of the government.
VI.SUBJECT COVERAGE
1. Probation - One of the most common forms of
IV.THE ROLE OF COMMUNITY community correction is probation. Probation can
CORRECTIONS IN THE be thought of as a type of post-trial diversion from
incarceration. A term coined by John Augustus,
CRIMINAL JUSTICE SYSTEM from the Latin verb “probare”- to prove, to test.
Community sentence seeks to repair the harm the It is a disposition under which a defendant
offender has caused the victim or the Community, after conviction of an offense, the penalty of which
provide for public safety and rehabilitate and promote does not exceed 6 years of imprisonment, is
effective reintegration. released subject to the conditions imposed by the
releasing court and under the supervision of a
A community correction has traditionally emphasized probation officer.
REHABILITATION as its goal. The staff of community Furthermore, it is define as a sentence in which
correctional programs has two potentially competing the offender, rather than being incarcerated, is
roles that reflect different goals: retained in the community under the supervision

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of a probation agency and required to abide by grace. It is an act of grace is extended to

certain rules and conditions to avoid incarceration. prisoners as a matter of right, vested to the
Chief Executive (The President) as a matter of
2. Diversion – For juvenile offender or CICL power. Neither the legislative nor the judiciary
branch of the government has the power to
3. Restitution - In recent years it has become set conditions or establish procedures for the
increasingly common for jurisdictions to include exercise of this Presidential prerogative. The
restitution orders as part of probation. following are the two types of pardon:
Money paid or services provided to victims,
their survivors, or to the community by a convicted 1. Absolute Pardon-It refers to the total
offender to make up for the injury inflicted. extinction of the criminal liability of the
individual to whom it is granted without
4. Halfway houses - Community-based residential any condition whatsoever and restores to
facilities that are less secure and restrictive than the individual his civil rights and remits the
prison or jail but provide a more controlled penalty imposed for the particular offense
environment than other community correctional of which he was convicted.
programs.
Purpose:
Goal of Halfway House: The goal of halfway a. To right a wrong
houses is to provide offenders with a temporary b.To normalize a tumultuous
period of highly structured and supportive living so political situation.
that they will be better prepared to function
independently in the community upon discharge. Absolute Pardon is also granted by a
President to an imprisoned president the
What is home Confinement? It is a program that incumbent has deposed. Absolute Pardon
requires offenders to remain in their homes except is granted in order to restore full political
for approved periods of absence; commonly used and civil rights to convicted persons who
in combination with electronic monitoring. Home have already served their sentenced and
confinement is also known as home incarceration, have reached the prescribed period for
home detention, and house arrest. the grant of Absolute Pardon.
OTHER ASPECTS OF CORRECTIONS 2. Conditional Pardon-It refers to the

exemption of an individual, within certain
1. Parole - It is the process of suspending the limits or conditions; from the punishment
sentence of a convict after having serve the that the law inflicts for the offense he has
minimum of his sentence without granting him committed resulting in the partial
pardon, and the prescribing term upon which the extinction of his criminal liability.
sentence shall be suspended.
It is also granted by the President of
the Philippines to release an inmate who
has been reformed but is not eligible to be
2. Executive Clemency released on parole.
It shall refer to Absolute Pardon,
Conditional Pardon with or without Parole b. Amnesty - A general pardon extended to a group
conditions and Commutation of Sentence as may of persons, such a political offenders purposely to
be granted by the President of the Philippines bring about the return of dissidents to their home
upon the recommendation of the Board of Pardon and to restore peace and order in the community.
and Parole.
c. Commutation of Sentence - An act of the president
a. Pardon It is a form of executive clemency changing/ reducing a heavier sentence to a lighter
granted by the President of the Philippines as one or a longer term into a shorter term. It may
a privilege to a convict as a discretionary act of alter death sentence to life sentence or life

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sentence to a term of years. It does not forgive the

offender but merely to reduce the penalty
pronounce by the court.
d. Reprieve - A temporary stay of the execution of

sentence especially the execution of the death
sentence. Generally, Reprieve is extended to
prisoners sentenced to death.
The date of execution of sentenced is set back

several days to enable the Chief to study the
petition of the condemned man for commutation
of sentenced or pardon.

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CHAPTER II
THE NATURE OF PROBATION
IN THE PHILIPPINES
Presidential Decree No. 968 otherwise known as the
CHAPTER CONTENTS Probation Law of 1976 recognizes such trend. However, the
1. Introduction Decree separates adult probation from juvenile probation
2. Concept and Philosophy of Probation for it expressly excludes those entitled to the benefits
3. Elements and Characteristics of Probation under the provisions of Presidential Decree No. 603, known
4. Objectives, Purpose and Characteristics of as the Child and Youth Welfare Code, and similar laws.
Probation Statements of the principles, goals and objectives of
5. Advantages, Benefits and Savings of Probation the Probation Law are found in its Preamble. The Preamble
6. Problem Areas of the Probation Law indicates six essential goals, to wit:
7. Probation under PD No. 603 as amended by RA 1. An enlightened and humane correctional system;
9344 2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
SPECIFIC OBJECTIVES 4. To extend to offenders individualized and
At the end of the lesson, students should be able to: community-based treatment programs instead of
1. define probation and other related terms. in1prisonment;
2. justify the importance of probation. 5. It is limited only to offenders who are likely to
3. understand the concept and philosophy of respond to probation favorably; and
probation system. 6. It is economical or less costly than confinement to
4. identify the elements and characteristic of prisons and other institutions with rehabilitation
probation. programs.
5. identify the objectives and purpose of probation. To provide a less costly alternative to the imprisonment
6. list the advantages, benefits and savings of of first-time offenders, then President Ferdinand E. Marcos
probation system. issued on July 24, 1976 Presidential Decree No. 968 known
7. identify the problem areas of the probation law. as the Probation Law of 1976. Under PD 968, the court
8. differentiates probation under PD No. 968 and PD may, after it shall have convicted and sentenced an accused
No. 603 as amended by RA 9344. and upon application of said accused, suspend the
execution of said sentence and place the accused on
probation for such period and upon such terms and
conditions as it may deem best. First-time offenders were
I. INTRODUCTION given a second chance to maintain their place in society
through a process of reformation, which is better achieved
Most correctional authorities believed that probation is
when he is not mixed with hardened criminals within prison
one of the most effective and economical tools which
walls.
society now has available for the care, treatment and
rehabilitation of certain adult and juvenile offenders against
PROBATION DEFINE
the law. Probation is a procedure wherein a sentence of
The word probation is from the Latin word “probatio”
offender is temporarily suspended and he is permitted to
which means testing. the word probation is also said to be
remain in the community, subject to the control of the
originated from the Latin verb “probare” which means to
court and under the supervision and guidance of a
prove.
probation officer. It is a privilege granted by the court to a
In criminal law it is a period of supervision over an
person convicted of a crime or criminal offense to remain
offender, ordered by a court instead of serving time in
with the community instead of actually going to prison.
prison.

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In the case of Frad v. Kelly, "Probation is a system of 11. Probation Officer - public officer like the Chief
tutelage under the supervision and control of the court Probation and Parole Officer (CPPO), Supervising
which has jurisdiction over the convicted defendant, has Probation and Parole Officer (SPPO), Senior
the record of his conviction and sentence, the records and Probation and Parole Officer (SrPPO), Parole and
reports as to his compliance with the conditions of his Probation Officer II (PPOII), or Parole and
probation, and the aid of the local probation officer, under Probation Officer I (PPOI), who investigates for the
whose supervision the defendant is placed." It consists of Trial Court a referral for probation or supervises a
the conditional suspension of punishment while the probationer or does both functions and performs
offender is placed under personal supervision and is given other necessary and related duties and functions
individual guidance or treatment. as directed.
The Philippine Probation Law of 1976, as enacted by 12. Probation Office - refers either to the Provincial or
Presidential Decree No. 968, defines probation as, "a City Probation Office directed to conduct
disposition under which a defendant, after conviction and investigation or supervision referrals as the case
sentence, is released subject to conditions imposed by the may be;
court and to the supervision of a probation officer." This 13. Probation Order - order of the trial court granting
decree will take effect on January 2, 1978. probation
14. Prosecutor- lawyer of the victim.
TERMS TO PONDER 15. Trial Court - refers to the Regional Trial Court (RTC)
As used in Section 3 of PD 968 and Section 4 of Parole of the Province or City/Municipal Court which has
and probation administration omnibus rules on probation jurisdiction over the case.
methods and procedure. The following shall, unless the 16. Volunteerism - is a strategy by which the parole
context otherwise requires, be construed thus: and probation administration may be able to
1. Amicus Curiae – Means friend of the court generate maximum citizen participation or
2. Absconding Petitioner- a convicted accused whose community involvement in the overall process of
application for probation has been given due client rehabilitation.
course by the court but fails to report to the parole
and probation office or cannot be located within a
reasonable period of time.
II. CONCEPT AND PHILOSOPHY OF
3. Absconding Probationer- an accused whose PROBATION
probation was granted but failed to report for
supervision within the period ordered by the A. CONCEPT OF PROBATION
court or a probationer who fails to continue P.D 968 as amended, otherwise known as the
reporting for supervision and/or whose probation law of 1976 defines probation. The court convicts
whereabouts are unknown for a reasonable period and sentences the defendant but the execution of the
of time. sentence, whether it imposes a fine only or a term of
4. Defense Counsel/Counsel- lawyer of the petitioner imprisonment is suspended and the defendant is released
5. Petition- application for probation. on probation. Probation implies that during the period of
6. Petitioner - a convicted defendant who files an time fixed by the court, the defendant is provided with
application for probation. individualized community based treatment including
7. Probationer - means a person placed on probation. conditions he is required by the court to fulfill his correction
8. Probation- is a disposition under which a and rehabilitation which might be less probable if he were
defendant, after conviction and sentence, is to serve a prison sentence, and for this purpose, he is
released subject to conditions imposed by the placed under the actual supervision and visitation of a
court and to the supervision of a probation officer. probation officer.
9. Probation Investigation - The process of selection, If the defendant violates any of the conditions of his
diagnoses and planning with the client. probation, the court may revoked his probation and order
10. Probation Supervision- The continuous process of him to serve the sentence originally imposed. On the other
helping the client to follow through with the plans, hand, if he fulfills with the terms and conditions of his
reevaluation and working with the client in the probation, he shall be discharge by the court after the
process of planning his life to meet dynamic period of probation, where upon the case against him shall
situation. be deemed terminated. His final discharged shall operate to
restore to him all civil rights lost or suspended as result of

Crim.
his conviction and to fully discharge his liability for any fine The scope of the investigation must be consistent with
imposed as to the offense for which probation was the purposes of probation. In general, it is a fact finding
granted. However, he shall continue to be obliged to satisfy inquiry into all information relative to the character,
liability resulting from the crime committed by him. antecedents, environment, mental and physical condition
The basic legal conceptions of probation in the Decree of the offender, and available institutional and community
are twofold: First, it as a conditional suspension of the resources.
execution of sentence - It denotes that the court assumes a Upon the termination of the Post-Sentence
primary role because a grant of probation is judicially Investigation, the probation officer shall submit to the
dispensed and controlled. Second it is a personal care or court the investigation report on a defendant not later than
treatment and supervision over the probationer - It sixty days from receipt of the order of said court to conduct
indicates the administrative aspect of probation through the investigation. The purpose of the report is to assist the
the supervision of a probation officer and from the point of court in determining whether or not the ends of justice and
view of social workers, a social casework treatment. the best interest of the public as well as that of the
defendant will be served thereby.
PROBATION IS A COURT FUNCTION The recommendation contained in the report is merely
In the Probation Law, the court assumes a dual role. persuasive and is in no way binding upon the court.
First, when it acts in accordance with the jurisdiction it Considering the foregoing and compliance therewith, the
acquires over the accused and proceeds to determine his court will promulgate a probation order. Probation is a
guilt. Assuming an affirmative finding of the offender's guilt privilege and, as such, its grant rests solely upon the
beyond reasonable doubt, the court would convict and discretion of the court. The grant of probation results in the
sentence said offender. Second, when the court determines release of the petitioner subject to the terms and
whether or not to grant probation upon application of the conditions imposed by the court, and to the supervision of
offender. Sections 3(a) and 4 of the Decree clearly shows the Probation Office.33 As to the conditions to be imposed
this dichotomy. by the court, they are enumerated in Section 10 of the
The Decree defines probation in Section 3 as "a Presidential Decree No. 968.
disposition under which the defendant, after conviction and The jurisdiction and control of the court which arises
sentence, is released subject to the conditions imposed by from an imposed sentence, remains with the court even
the court and to the supervision of a probation officer. It is after a grant of probation. This is evident in Sections 32 and
evident from this provision that an offender will be released 40 of the Rules On Probation Methods and Procedures.
on probation only after conviction and sentence. Section 32 provides: "During the period of probation the
Furthermore, Section 4 underlines the necessity of filing an court, motu proprio, or on motion of the probation officer
application with the trial court before the suspension of the or of the probationer, may revise or modify the conditions
execution of the court's judgment. The petition for or terms of the probation order." In case of violation of the
probation may be filed by a petitioner directly with the trial terms and conditions imposed by the court, Section 40
court which exercises jurisdiction over his case. If the court provides "if the violation is established, the court may
finds that the petition is in due form and that the petitioner revoke or continue his probation and modify the conditions
is not disqualified from the grant of probation it shall refer thereof. If revoked, the court shall order the probationer to
the same to the Provincial or City Probation Officer within serve the sentence originally imposed and shall commit the
its jurisdiction as the case may be. The court shall order the probationer." This power of the court underlines the non-
Provincial or City Probation Office to conduct a post- punitive and non-repressive aspect of probation. Such
sentence investigation of the petitioner. Only upon the constitutes a sufficient threat to the probationer to fulfill all
filing of an application for probation after conviction and terms and conditions imposed by the court.
sentence and a determination that the offender does not
fall under any of the disqualifications set forth in the Decree PROBATION IS A ADMINISTRATIVE PROCESS
may the court suspend the execution of sentence. Once the court has granted probation to an offender
The Post-Sentence Investigation is an indispensable and has duly imposed the terms and conditions of the
requisite to a grant of probation. The Probation Law probation, the probation officer has the bounden duty to
provides: "No person shall be placed on probation except see to it that the probationer observes all terms and
upon prior investigation by the probation officer and a conditions imposed by the court. Probation supervision is
determination by the court that the ends of justice and the then a primarily an administrative process.
best interest of the public as well as that of the defendant The primary purposes of probation supervision are:
will be served thereby."

Crim.
(a) To carry out the conditions set forth in the reintegration into society as law abiding and
probation order; productive members;
(b) To ascertain whether the probationer is following 5. The basic idea underlying a sentence to probation
said conditions; and is very simple. Sentencing is in large part
(c) To bring about the rehabilitation of the concerned with avoiding future crimes by helping
probationer and his reintegration into the the defendant learn to live productively in the
community. community which he has offended;
To carry out these purposes the Probation Law upon its 6. This is of course not to say that probation should
approval carried with it the establishment of a Probation be used in all cases, or it will always produce better
Administration an agency under the Department of Justice, results. There are many goals of sentencing some
which shall exercise general supervision over all of which in given case may require the imposition
probationers. The Administration shall have regional offices of a sentence to imprisonment even in the face of
organized in accordance with the field service area pattern a conclusion that the probation is more likely to
established under the Integrated Reorganization Plan. assure that the public that the particular defendant
There shall be at least one probation officer in each will not offend again.
province and city who shall be appointed by the Secretary 7. By the same token however, it can be said that
of Justice upon recommendation of the Administrator and probation is a good bit more than the “matter of
in accordance with civil service law and rules. grace” or “leniency” which characterizes the
At this juncture, it is to be emphasized that in spite of philosophy of the general public and of many
the fact that the Probation Administration is an executive Judges and legislators on the subjects. Probation is
agency, control of the courts over the probationer is not an affirmative correction too, a tool which is used
lost. The basis for such is the first paragraph of Section 13 of not because is maximum benefits to the
the Decree which provides that "the probationer and his defendant, but society which is sought to be
probation program shall be under the control of the court served by the sentencing criminals;
who placed him on probation subject to actual supervision 8. An adequate correctional system will place great
and visitation by a probation officer." reliance on appropriately funded and manned
probation services. Within such context probation
A. PHILOSOPHY OF PROBATION services. Within such context probation can lead to
The Probation adheres to the following philosophy: significant improvement in the preventive effects
1. There is no single cause for delinquent behavior. of the criminal law, at much less of a financial
Human beings are extremely complicated. It is not burden than the more typical prison sentence;
possible to trace complex pattern of Human 9. Imprisonment as a sole cure for prevalence of
behavior to any single cause; Crime is no Longer recognized. Prisons are in
2. Delinquent and criminal acts are symptoms. The themselves often productive of crime and
offender against our law is exhibiting a symptom Destructive of the keepers as well as kept
of social or psychological disturbance, just as a 10. It is generally concealed that probation a matter of
headache is a symptom of a physical disturbance. privilege to be granted refused at discretion of the
This means that the juvenile delinquent or adult State. The applicant has already been convicted
offender is in need of treatment. The job of and sentenced by the court and it is only the mercy
Probation Administration is to find out what the of that he may be given probation;
problems are beneath the symptom and to 11. No violation of probation conditions should result
recommend appropriate treatment plans; in automatic revocation;
3. That the individual has the ability to change and 12. No physical would undertake to prescribe
modify his anti-social behavior with the right kind treatment for sick man unless he has repot of his
of help; ailment and condition (diagnosis), a judge should
4. The central goal of probation Administration is to not pass judgment on a man without post-
enhance the safety of the community by reducing sentence investigation report.
the incidence of Criminal acts by person previously
convicted. The goal is to achieve through
counseling , guidance, assistance, surveillance and
restraint of the offender to enable their

Crim.
The following are the fundamental objectives of a

III.ELEMENTS AND Probation Agency
CHARACTERISTICS OF 1. Assist the court in matters pertaining to
sentencing
PROBATION 2. Promote community protection by supervising and
monitoring the activities of persons on probation
A. ELEMENTS OF PROBATION 3. Promote the betterment of offenders by ensuring
that they receive appropriate rehabilitation
a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION services
1. A post sentence investigation report which will
serve as the informational for the court’s B. THE PURPOSE OF THE PROBATION LAW
decision to grant or deny probation. The purpose of the Probation Law as stated in Section
2. The conditional suspension of execution of 2 thereof reiterates the above-mentioned characteristics
sentence by the court. and vests in them the mandate of law. It provides that the
3. Condition of probation imposed by the court purpose of the Decree is to:
to protect public safety and to faster the 1. Promote the correction and rehabilitation of an
rehabilitation and reformation of the offender by providing him with individualized
probationer. treatment;
4. Supervision, guidance and assistance of the 2. provide an opportunity for the reformation of a
offender by a probation officer. penitent offender which might be less probable if
he were to serve a prison sentence; and
b. ESSENTIAL ELEMENTS OF THE PROBATION 3. Prevent the commission of offenses.
SYSTEM UNDER PRESIDENTIAL DECREE NO. 968
The following are the essential elements of the
probation system under Presidential Decree No. V. ADVANTAGES, BENEFITS AND
968: SAVINGS OF PROBATION
1. Probation is a single or one-time" affair.
2. Probation system is highly selective. A. ADVANTAGES OF PROBATION
3. Persons under probation retain their civil The implementation of the Probation Law will confer
rights, like the right to vote, or practice one's benefits and advantages not only to society in general but
profession, or exercise parental or marital more soon the part of the offender and the government.
authority. Specifically the following are the advantage of probation:
1. Probation prevents crime by offering freedom and
B. CHARACTERISTICS OF PROBATION aid only to those who are not likely to assault
1. More enlightened and humane correctional society again.
treatment. 2. It protects the society by placing under close
2. It aims to promote the reformation of the supervision non-dangerous offenders while
offenders. undergoing treatment and rehabilitation in the
3. It reduces the incidence of recidivism. community.
4. It extends to offenders individualized and 3. It conform the modern humanistic trends in
community based treatment programs instead of Penology.
imprisoning them. 4. It prevents youthful of first time offenders from
5. It is limited to offenders who are likely to respond turning into hardened criminals.
favorably there to. 5. It is a measure of cutting enormous expends in
6. It is less costly than the confinement of all maintaining jails.
offenders in prisons. 6. It reduces recidivism and overcrowding of jails and
prisons.
IV.OBJECTIVES AND PURPOSE OF 7. It reduces the burden of police forces and
institution in feeding and guarding detainees.
PROBATION 8. It gives the first and light offenders a second
chance in life.
A. OBJECTIVES OF PROBATION

Crim.
9. It makes the offender productive or taxpayers 2. This means savings of Php 30,000.00 when 10,000
instead of tax eaters. of 40,000 offenders are on probation annually. It is
10. It restores to successful probationers his civil rights expected that at least one third of the prisons and
which was previously lost or suspended as a result jail population in the country would benefit from
of conviction. probation.
11. It has been proven effective in developing 3. The average per capita income of a Filipino in 2003
countries that have adopted it. according to the National Statistics and
12. It is advocated by the United Nations in its various Coordination Board (NSCB) was Php 30,703.00. It
congresses in crime prevention and treatment of means that when 10,000 probationers are making
offenders a living they will produce Php 307,030,000.00 in
goods and service annually. A part of this goes to
B. BENEFITS OF PROBATION the government in forms of taxes. Indeed,
Probation has the following benefits: detention makes tax eaters while probation makes
1. It protects society TAX PAYERS.
a. from the excessive cost of detention 4. The cost of constructing and preparing prisons and
b. from the high rate of recidivism of detained jails is enormous which would run to at least
offender Php10,000,000 annually in order to accommodate
40,000 offenders.
2. It protects the victim 5. The probation system saves the government a
a. it provides restitution total of Php 4.678 Billion in terms of prisoners
b. it preserves justice maintenance in jails and prisons all over the
country.
3. It protects the family 6. Philippine Probation System adheres to the
a. it does not deprive the wife and children of concept of Restorative Justice. Thus, a total of Php
husband and father 137.923 Million has been paid to clients’ victims
b. it maintains the unity of a home and/or their heirs
7. The biggest savings of probation aside from money
4. It assists the government are, however, in the forms of human resources,
a. it reduces the population of prisons and jail dignity, time and opportunity for development,
b. it lessens the clogging of courts which are most needed by our society.
c. it lightens the load of prosecutors
5. It helps the offender

a. it maintains his earning power
VI.PROBLEM AREAS OF THE
b. it provides rehabilitation in the community PROBATION LAW
c. it restores his dignity
1. Presidential Decree No. 968 will cover civilians tried
6. It justifies the philosophy of men and convicted by military tribunals. Section 1 provides:
a. that life is sacred "it shall apply to all offenders except those entitled to
b. that all men deserve a second chance the benefits under the provisions of Presidential
c. that and individual can change Decree No. 603 and similar laws." Section 9 on
d. that society has the moral obligation to lift the disqualified offenders does not include those convicted
fallen by military tribunals.
C. SAVINGS OF PROBATION What are the "similar laws" referred to in Section 1?

The following are the savings of probation: Two can readily be mentioned-The Dangerous Drugs
1. Probation is one tenth the cost of detention. As Act of 1972 and the Articles of War.
illustrated, the per capita cost of maintaining one
offender in the Philippines is estimated at Php 2. The cut-off point at six years imprisonment for
11,000.00 annually, while it costs only Php 300.00 extending the benefits of probation refers to the
to maintain one offender on probation. sentence actually imposed, not that prescribed by law
for the offense committed.

Crim.
3. The probation law does not disqualify one who has 6. The rule of automatic withdrawal of pending appeal
been convicted of an offense penalized by DESTIERRO, applies in case the application for probation is made
such as that of killing or inflicting serious physical when the appellate court has already rendered its
injuries under the exceptional circumstances in Article decision, there being no indication in the probation law
247 of the Revised Penal Code or concubinage insofar to the contrary, and the operation of such rule being in
as the concubine is concerned in Article 334, of the accordance with the maxim that laws should be
same. Unlike Section 9(a), Section 9(c) has reference to liberally construed in favor of the accused.
the penalty imposed by law.
7. The application for probation may be in any form,
Under Section 9(d), one who has been on probation whether written or oral. While Section 4 of the Decree
only under the Juvenile Delinquency Act of 1924, Article states that the application shall be filed with the court,
80 of the Revised Penal Code, or the Child and Youth this does not necessarily mean that it should be in
Welfare Code will not be disqualified. writing, even if a written form would definitely be more
convenient to the court. A liberal construction of the
Under disqualification (e), those who will serve law beneficial to the accused would not consider the
sentence after the substantive provisions of the Decree use of the term 'filed' by the law, as impliedly requiring
shall become operative will be permitted to do so, a written form.
according to one view. The reason given is that
otherwise it would have been unnecessary for the law 8. Defendant is not entitled as a matter of right to the
to specify the time at which the offender concerned assistance of counsel in the investigation. The
should be serving his sentence. Another view, probation law does not have a provision guaranteeing
however, points to the principle of separation of the right to counsel in such investigation. The
powers. constitutional guarantee that in all criminal
prosecutions the accused shall enjoy the right to be
4. Probation, it is argued, as laid out by the Decree is heard by himself and counsel and that any person
primarily a judicial function, while the service or under investigation for the commission of an offense
execution of sentence is an executive one. When the shall have the right to counsel would not seem to apply
convict is delivered to the hands of the prison because the investigation by the probation officer is
authorities, to subsequently allow the judiciary to reach neither prosecutory nor accusatory in character. It is
him by suspending the further service of his sentence merely a fact-finding inquiry.
and placing him on probation would constitute an
intrusion into the prerogatives of the executive to 9. Neither is the constitutional guarantee against self-
whom belongs the exclusive power to grant reprieves, incrimination that no person shall be compelled to be
commutations and pardons and remit fines and a witness against himself, available in the
forfeitures. investigation. The said guarantee does not depend
upon the nature of the proceedings in which it is
Therefore, according to this view, offenders who are invoked, of course, and it may be availed of as long as
already serving sentence, no matter when they start the questions objected to would incriminate the
or may be found to be serving sentence, are NOT person who 'is asked to answer the same. But it is an
qualified for the benefits of the Decree. established doctrine that where the answer to a
question, however self-incriminating, may not be used
5. It cannot be made at any time after conviction and as evidence of criminal liability of the respondent
sentence, but rather extends only up to the actual because there is a law prohibiting its use for that
commitment of the defendant to prison for the purpose, then the privilege against self-incrimination
service of his sentence, and not thereafter. The may not be validly invoked to justify refusal to answer
defendant may apply for probation in case of appeal the question. Section 17 of the Probation Law provides
from a judgment of conviction. He may apply for that the investigation report and the supervision
probation as long as he has not begun serving his history of the probationer obtained under this decree
sentence, and obviously this does not happen if the shall be privileged, i.e., it may not legally be used as·
sentence has not become final and executory, such as evidence of liability.
during the pendency of an appeal.

Crim.
We raise one question, though. The same Section 17 reason of amnesty, pardon, commutation of service, or
itself provides that "the investigation report and the any other reason.
supervision history x x x shall be privileged and shall
not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court
VII. PROBATION UNDER PD NO.
concerned x x x." If the defendant cannot invoke the 603 AS AMENDED BY REPUBLIC
privilege against self-incrimination during the
investigation, would not the incriminating answers ACT NO. 9344
given prejudice the court in deciding whether it will The Presidential Decree (PD) 603 is known as the Child
grant probation or not? and Youth Welfare Code. The Decree was signed by his
Excellency President Ferdinand Marcos on December 10,
10. Pending submission of the investigation report and 1974 and took effect on June 10, 1975. It provides for the
the resolution of the petition for probation, the grant of probation to youthful offender as an alternative to
defendant may be allowed on temporary liberty under imprisonment. It is considered as the second probation law
his bail filed in the criminal case, or on recognizance. of the Philippines which is intended only for minors.
Presidential Decree No. 603 applies to youthful
11. While the grant or denial of probation is not offenders. It suspends the sentence of minor offenders
appealable, certiorari will lie, under the general law on whose ages range from 9 years old but not more than 21
certiorari. This is not appeal for he does not question years old (now 18) the time of the commission of the
the findings of fact of the trial court but only the offense and places them to rehabilitation center. It states,
reasonableness of the order based thereon and "if after hearing the evidence in the proper proceedings,
adequate remedy in the ordinary course of law, a the court should find that the youthful offender has
person aggrieved thereby may file a verified petition in committed the acts charged against him, the court shall
the proper, court alleging the facts with certainty and determine the imposable penalty, including any civil
praying that judgment be rendered annulling or liability chargeable against him. However, instead of
modifying the proceeding as the law requires of such pronouncing judgment of conviction, the court shall
tribunal, board or officer. The petition shall be suspend further proceedings and shall commit such minor
accompanied by a certified true copy of the judgment to the custody or care of the Department of Social Welfare,
or order subject thereof, together with copies of all or to any training institution operated by the government,
pleadings and documents relevant and pertinent or duly licensed agencies or any other responsible person,
thereto. until he shall have reached 21 years of age (now 18), or for a
shorter period as the court may deem proper.
12. The grant of probation does not erase, modify of
otherwise affect the offender's CIVIL LIABILITY. NOTA BENE: The age of minority is lowered from 21 to 18
Probation is a substitute for imprisonment and other years old.
criminal penalties, not a mode of discharging the civil
liability, which is owed not to the State but to the RELATED PROVISIONS UNDER REPUBLIC ACT NO. 9344
offended party. The sentence, which is suspended from
execution, means only the imposition of the criminal Sec. 5 of Republic act No. 9344: Rights of the Child in
penalties, not the civil liability. If it were otherwise, the Conflict with the Law. - Every child in conflict with the law
offended party would have to file a separate civil action shall have the following rights, including but not limited to:
thereby creating multiplicity of suits, contrary to public xxx
policy. In fact, civil indemnification might be imposed (m) the right to probation as an alternative to
as a condition for probation under Section 10 (k) of the imprisonment, if qualified under the Probation
Probation Law. Indeed, under Article 112 in relation to Law; xxx
Article 113, of the Revised Penal Code, except in case of
extinction of his civil liability in accordance with the Sec. 42 of Republic act No. 9344: Probation as an
provisions of the civil law, the offender shall continue Alternative to Imprisonment. - The court may, after it shall
to be obliged to satisfy the civil liability resulting from have convicted and sentenced a child in conflict with the
the crime committed by him, even if he has served his law, and upon application at any time, place the child on
sentence consisting of deprivation of liberty or other probation in lieu of service of his/her sentence taking into
rights, or has not been required to serve the same by account the best interest of the child. For this purpose,

Crim.
Section 4 of Presidential Decree No. 968, otherwise known Presidential Decree No. Presidential Decree No. 968
as the "Probation Law of 1976", is hereby amended 603
accordingly.
Under Presidential Decree Under Presidential Decree
Sec. 43 of Republic act No. 9344: Confidentiality of Records No. 603 the youthful No. 968, the offender is
and Proceedings. - All records and proceedings involving offender is neither convicted and sentenced.
children in conflict with the law from initial contact until convicted nor sentenced Section 3 defines probation
final disposition of the case shall be considered privileged although the court finding as a disposition under which
and confidential. The public shall be excluded during the him guilty determines the a defendant, after conviction
proceedings and the records shall not be disclosed directly imposable penalty and and sentence, is released
or indirectly to anyone by any of the parties or the orders his commitment as subject to conditions
participants in the proceedings for any purpose a matter of course to any imposed by the court and to
whatsoever, EXCEPT to determine if the child in conflict of the trustees for his the supervision of a
with the law may have his/her sentence suspended or if correction and probation officer. The
he/she may be granted probation under the Probation rehabilitation, even probationer is not committed
Law, or to enforce the civil liability imposed in the criminal without his asking for it to any institution but is set
action. and without any prior free under the constructive
The component authorities shall undertake all investigation. custody of the court which
measures to protect this confidentiality of proceedings, heard his application for
including non-disclosure of records to the media, probation. Section 4 of the
maintaining a separate police blotter for cases involving Probation Decree requires
children in conflict with the law and adopting a system of that defendant should apply
coding to conceal material information which will lead to for probation.
the child's identity. Records of a child in conflict with the
law shall not be used in subsequent proceedings for cases
involving the same offender as an adult, except when
beneficial for the offender and upon his/her written
consent.
A person who has been in conflict with the law as a
child shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by
reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made to
him/her for any purpose.
Sec. 67 of Republic act No. 9344: Children Who Reach the

Age of Eighteen (18) Years Pending Diversion and Court
Proceedings. - If a child reaches the age of eighteen (18)
years pending diversion and court proceedings, the
appropriate diversion authority in consultation with the
local social welfare and development officer or the Family
Court in consultation with the Social Services and
Counseling Division (SSCD) of the Supreme Court, as the
case may be, shall determine the appropriate disposition. In
case the appropriate court executes the judgment of
conviction, and unless the child in conflict the law has
already availed of probation under Presidential Decree No.
603 or other similar laws, the child may apply for probation
if qualified under the provisions of the Probation Law.
DISTINCTION BETWEEN PROBATION UNDER
PRESIDENTIAL DECREE NO. 603 AND UNDER
PRESIDENTIAL DECREE NO. 968.

Crim.
CHAPTER III
THE HISTORICAL DEVELOPMENT
OF PROBATION
[
In English common law, prior to the advent of

democratic rule, the courts could temporarily suspend the
CHAPTER CONTENTS
execution of a sentence to allow a criminal defendant to
1. Introduction
appeal to the monarch for a pardon. Probation first
2. Historical Development of Probation
developed in the United States when John Augustus, a
3. Basic differences between P.D. No. 968 and Act
Boston cobbler, persuaded a judge in the Boston police
No. 4221
court in 1841 to give him custody of a convicted offender, a
4. Forerunners of Probation
"drunkard," for a brief period and then helped the man to
5. The probation law and its amendment
appear rehabilitated by the time of sentencing.
Even earlier, the practice of suspending a sentence was
SPECIFIC OBJECTIVES
used as early as 1830 in Boston, Massachusetts, and
At the end of the lesson, students should be able to:
became widespread in U.S. courts, although there was no
1. understand, summarize and discuss the historical
statutory provision for such a practice.
development of probation particularly in England,
At first, judges, most notably Peter Oxenbridge
United States and Philippines.
Thatcher of Boston, used "release on recognizance" or bail
2. name the personalities and recognized their
and simply refrained from taking any further action. In 1878
contribution to the development of probation.
the mayor of Boston hired a former police officer, the
3. understand, digest and discuss the ruling of the
ironically named "Captain Savage," to become what many
Supreme Court in the case of People vs. Vera.
recognize as the first official probation officer. By the mid-
4. differentiates P.D. 968 to Act no. 4221.
19th century, however, many Federal Courts were using a
5. identify and discus the forerunners of probation.
judicial reprieve to suspend sentence, and this posed a legal
6. understand, summarize and explain amendments
question.
to P.D. 968.
In 1916, the United States Supreme Court, in the Killets
Decision, held that a Federal Judge (Killets) was without
power to suspend a sentence indefinitely. This decision led
to the passing of the National Probation Act of 1925,
I. INTRODUCTION thereby, allowing courts to suspend the imposition of
The concept of probation, from the Latin, probatio, incarceration and place an offender on probation.
"testing," has historical roots in the practice of judicial Probation developed from the efforts of a philanthropist,
reprieve. John Augustus, who looked for ways to rehabilitate the
behavior of criminals.

Crim.
Massachusetts developed the first state-wide As guardian they are kind enough to take charge of the
probation system in 1880, and by 1920, 21 other states had young convict. In the belief that there is better hope for
followed suit. With the passage of the National Probation reformation under such guardians than in prison.
Act on March 5, 1925, signed by President Calvin Coolidge, At unexpected period, confidential officers visits the
the U.S. Federal Probation Service was established. On the guardians, make inquiries and register facts. He was thus
state level, pursuant to the Crime Control and Consent Act informed and records were kept.
of 1936, a group of states entered into an agreement
wherein they would supervise probationers and parolees
who reside in each other's jurisdictions on each other's
B. HISTORICAL DEVELOPMENT OF PROBATION IN
behalf. Known as the Interstate Compact for the UNITED STATES
Supervision of Parolees and Probationers, this agreement The first state to enact a real probation law in United
was originally signed by 25 states in 1937. States is Massachusetts. The first practical demonstration
By 1951, all the states in the United States of America of probation, first use of the term as court service, and the
had a working probation system and ratified the Interstate enactment of the first probation law occurred in
Compact Agreement. In 1959, the new states of Alaska and Massachusetts.
Hawaii, the Commonwealth of Puerto Rico, and the
territories of the Virgin Islands, Guam, and American Samoa Volunteer services evolved in Maryland. The prisoners
ratified the act as well. Aid Association of Maryland, organized in 1869, employed
agents to visit the prison and assist released prisoners and
gradually they began to investigate cases and assist
II. HISTORICAL DEVELOPMENT OF offenders before the Baltimore courts. A 1894 law provided
that any court in the state might release on probation for
PROBATION “good conduct” a person convicted of any offense not
capital, if no previous conviction was proved against him,
A. HISTORICAL DEVELOPMENT OF PROBATION upon his entering into a recognizance, with or without
IN ENGLAND sureties, and during such period as the court may direct to
appear and received judgment when called upon, and in the
Early in the 19th century the English magistrates
meantime to keep the peace and be of good behavior.
initiated experiments to save young and inexperienced
offenders from stigma of prison. They made use of the
Another state adopting a partial measure was Missouri
latitude allowed then under the common law to bind over
with its “parole of convicted person’s law of 1897.”
defendants, who should be brought back for sentence if
the conditions of release were violated.
The second state to enact a real probation law. The
The need for supervision and assistance to those so
Vermont like Missouri and unlike Massachusetts provided
released was met by assigning the young offender to the
for probation only after suspension of the execution of
care and guardianship of his parents or his employer with
sentence. The bills in both states were supported by the
an occasional check on his progress by the police.
state correctional agencies. Many features of the
Massachusetts law were incorporated, with several
WHO IS MATHEW DAVENPORT HILL?
innovations since followed elsewhere. Vermont was the
Mathew Davenport Hill is considered the father of
first to adopt a county plan.
probation in England. He left an interesting account of his
experiments in the Birmingham court. He was in the
The third state to enact a real probation law is Rhode
forefront of reforming juvenile offenders. He finds persons
Island. A complete state-administered probation system
who act as guardians of the juvenile offender. Then at an
appeared first in Rhode Island. The Act of 1899 empowered
unexpected period, the confidential officer visits the
the board of state charities and corrections to appoint a
guardian, makes inquiries and keeps notes of information
state probation officer and additional probation officers,
received.
“one of whom at least shall be a women,” to serve all
He conducted his experiment in the Birmingham Court.
courts in the state. The Act followed Massachusetts in
Beginning in the early years of 1481, he acted for and in
permitting the use of probation before the imposition of
behalf of juvenile offenders, when he believes:
sentence and even without conviction but the limitation of
1. The individual is not fully corrupt
probation to less serious offenses was an unfortunate
2. There was reasonable hope of reformation
departure from the laws of Massachusetts and Vermont.
3. When there could be found persons to act

Crim.
2. Then he sought counsel and assists his charges in

Success of probation became known in other English finding homes, securing employment and adjusting
speaking countries. Illinois and Minnesota in 1899 Plan for family difficulties.
children only. New Jersey and New York enacted probation 3. At the end of probation he brought offender back
law in 1900. to court-if no further charges are found- judge
imposes a nominal fine with cost if man is poor,
Finally, on March 4, 1925 the UNITED STATES FEDERAL Augustus advance fine as a loan.
PROBATION ACT was enacted.
AUGUSTUS EXPERIMENT
WHO IS JOHN AUGUSTUS? - August 1841- Rugged drunk man
- 3 weeks -The drunkard was brought back to
John Augustus is the father of probation in the USA. He court where the judge cannot recognize him.
is a Boston shoemaker, first to develop a sustained service Imposes a fine of $ 3.76.
to promote temperance and to reclaim drunkards. - Augustus died on June 21, 1859. And out of 2000
Although later he begun to take men and woman charged person whom he extended his help, only 10 were
with other crimes, then eventually children. As indicated by ungrateful. And out of 1100 cases, only one case
the story of the first case, his method was to provide bail was forfeited.
for a temporary suspension or postponement of sentence, - Massachusetts became the 1st country to enact a
during which he sought to counsel and assist such persons probation law on April 21, 1878
find homes, securing employment and adjusting family
difficulties. At the end of the probation period, he brought WHO IS GOVERNOR ALEXANDER H. RICE?
back the offender to court, and if no further complaint had He provided appointment and prescribed duties for
been lodged against the offender, the judged imposed a paid probation officers.
nominal fine with costs. If the man was too poor, Mr.
Augustus advanced the amount, usually as loan. WHO IS PRESIDENT CALVIN COOLIDGE? The former
John Augustus originated in rudimentary form, many of governor of Massachusetts.
the techniques of probation officers and other social
workers today, including casework, foster home
placement, and protective work for women and children.
C. HISTORY OF PROBATION IN THE
PHILIPPINES
This was brought about by the changing attitudes of
the people towards law breaker and the removal of the A. The Adult Probation Law of 1935
inherited attitudes from the PURITANS. The Philippine Legislature enacted the first probation
of the Philippines. The first legislation was Act No. 4221
John Augustus was born in 1785 at Woburn enacted by the Philippine legislature on August 07, 1935 and
Massachusetts and moved to Lexington Green and became which created a Probation Offices under the Department of
a Cordwainer or Bootmaker. He prospered and acquired Justice led by a Chief Probation Officer appointed by the
large track of land apart conveyed to Lexington Academy American Governor General with the advice and consent of
to erect a school. Which he became a trustee. In 1827 he the United States. This Law provided probation for the first
moved to Boston and set up a shop at Franklin Avenue near time offenders, eighteen years of age and over, convicted
the Courthouse. He began to visit courthouse because of of a certain crime.
his membership with the Washington Total Abstinence
Society, formed in Boston in 1841 to promote temperance However, the law stayed in the statue Books for only
and to reclaim drunkards. During the first year, he took only Two years. The act subsequently declared unconstitutional
men charge with drunkenness. Then men and women by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37
charge with other offense and then children/ number of O.G. 164.
cases increases each year
NOTA BENE:
METHODS OF AUGUSTUS The ill-fated Act was only procedural framework that
1. Provide bail for temporary suspension of was antagonistic with the constitution/charter.
punishment of sentence Section 11 of Act no 4221, the fatal provision of the
Act, provided that "This Act shall apply only in those

Crim.
provinces in which the respective provincial boards 2. The deterrent potentiality of the prisons is grossly
have provided for the salary of a probation officer . . .. " exaggerated. No one has ever proved that the threat
of severe punishment actually deters crime.
The declaration of unconstitutionality of the Probation 3. Prisons heighten the offenders' weaknesses and erode
Act of 1935 created a gap in the criminal justice system in their capacity for responsibility and sociability.
the Philippines. The criminal justice system is the machinery 4. The maintenance of penal institutions is costly on the
which society uses in the prevention and control of crimes. part of the government. In view of these
Its components are the police, the courts, the penal considerations, an alternative to institutionalization for
institutions, the probation and the parole systems the certain types of offenders was proposed. Such
components are highly dependent upon one another. The proposal was subsequently translated into a law on
failure of one can destroy the effectiveness of all the others July 24, 1976, which is now known as the "Probation
within the system. Law of 1976" or Presidential Decree No. 968.
In order to heighten the awareness of interdependency WHO IS TEODULO C. NATIVIDAD?

and cooperation among the components of the criminal He is the Father of Probation in the Philippines. He
justice system, as well as to improve judicial process and to headed the committee (IDCCP) primarily tasked with the
reduce the level of criminality, the National Police drafting of the adult probation law.
Commission created an Inter-Disciplinary Committee in 1974
to prepare a National Crime Prevention Program. On July A. THE ADULT PROBATION LAW OF 1976
24, 1976, a "National Strategy to Reduce Crimes" was It took a long time before another attempt was made
finalized and presented to the President of the Philippines. with introduction then by Congressman Teodulo C.
The Strategy proposed a two-pronged attack to reduce Natividad in collaboration with former Congressman
crime in the country, namely: (1) to give emphasis on the Ramon D. Bagatsing, House Bill No. 393. The measure was
prevention and control of high-fear and economic crimes by passed in the Lower House and was pending in the senate
implementing a number of priorities of actions; and (2) to when Martial Law was proclaimed in 1972.
improve the quality of the criminal justice system by
facilitating teamwork among its interdependent The Presidential decree No. 968, established a
components. probation system less costly alternative to the
imprisonment of the offender who are likely to respond to
The following priorities of action were recommended: individualized, community-based treatment program is the
1) Improvement of the quality of the criminal justice second legislation that enforces a probation system in the
system among its interdependent components; country.
2) Improvement of the management skills of law
enforcement; On Nov. 13, 1974, the Inter-Disciplinary Committee on
3) Reducing the delays in the criminal justice Crime Prevention (IDCCP) was created to formulate a
processes; national crime prevention program for the courtly.
4) Making corrections more attuned to its role of
rehabilitating law offenders; and NOTA BENE: The committee places emphasis on “Pro-
5) Increasing the community participation in crime action (crime prevention) rather than Reaction (action
prevention. after occurrence of the crime).
There were a number of projects recommended under
each of these priorities of action, among which was the INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION
establishment of an adult PROBATION SYSTEM. It was a (IDCCP)
priority action under (4). The delegation’s official report served as the turning
point for the Inter-Disciplinary Committee on Crime
The rationale for recommending priority consideration Prevention of the commission to formulate for a national
to the establishment of a probation system is clearly crime prevention program. As mandated under Section 4(k)
apparent. of republic Act no. 4864, otherwise known as the police Act
1. The penal system in the country is characterized by of 1966”, the National Police Commission, on November 13,
substandard treatment of prisoners. To try to train 1974, created the IDCCP. The IDCCP then under the charge
lawbreakers to obey the law in a substandard system is of Commissioner Teodulo C. Natividad, was asked by the
self-defeating.

Crim.
Secretary and Chairman of NAPOLCOM, Juan Ponce Enrile Under the leadership of Commissioner Teodulo C.
to draft the adult probation decree. Natividad, the IDCCP, after barely two months of work
This Committee, the Inter-Disciplinary Committee, is evolved a proposed system of probation for adults based
composed of authorities and representative from the five on evaluation of projects on crime prevention and
pillars of the criminal justice system. After a laborious treatment of offenders in the courtly, notably the Bacolod
period of eighteen technical hearings involving sixty source City experiment on social defense.
persons, came out with the draft decree for presentation at
a seminar on the Probation System sponsored by the This was later incorporated as part of PD 968 which
National Police Commission and the U.P. Law Center on was signed into law by Pres. Ferdinand E. Marcos on July
April 24, 1976 subsequently attended by 369 participants. 24, 1976. Note: Jan. 3, 1978 – affectivity of the substantive
provisions of PD 968.
The Proposal was reviewed by a mixture of Jurist,
Penologist, Policemen, Educators subsequently civic B. CASE ANALYSIS: PEOPLE VS. VERA
leaders, social and behavioral scientist, media men blue and PEOPLE OF THE PHILIPPINES VS VERA
white collar workers and housewives. Two (2) foreign (G.R. NO. L-45685, NOVEMBER 16 1937)
experts participated namely Dr. Torsten Erickson, former
United Nations Inter-Regional Adviser on Crime Prevention FACTS:
Justice and Dr. A. Lamonth Smith. Director for Research Cu-Unjieng was convicted of criminal charges by
Program Planning and Elicit comments on the adoption of the trial court of Manila. He filed a motion for
adult probation system in the country. reconsideration and four motions for new trial but all were
denied. He then elevated to the Supreme Court of United
A survey was made to elicit comments on the adoption States for review, which was also denied. The SC denied the
of the adult probation system in the country. Favorable petition subsequently filed by Cu-Unjieng for a motion for
resulted showed 87.1% in favor of the adoption, 7.1% new trial and thereafter remanded the case to the court of
apprehensive and 5.8% non-committal. origin for execution of the judgment. CFI of Manila referred
the application for probation of the Insular Probation Office
Thereafter, the draft was sent to the Secretary of the which recommended denial of the same. Later, 7th branch
Department of the National Defense, Secretary of the of CFI Manila set the petition for hearing. The Fiscal filed an
Department of the Justice and to the Supreme Court for opposition to the granting of probation to Cu Unjieng,
review and endorsement of the President. alleging, among other things, that Act No. 4221, assuming
that it has not been repealed by section 2 of Article XV of
The final forum of the proposed institutionalization of the Constitution, is nevertheless violative of section 1,
adult probation in the country was the First National subsection (1), Article III of the Constitution guaranteeing
Conference on Crime Control, which was held at Camp equal protection of the laws. The private prosecution also
Aguinaldo from July 22 to July 24, 1976. It was on this filed a supplementary opposition, elaborating on the
historic last day of the Conference that the Presidential alleged unconstitutionality on Act No. 4221, as an undue
Decree No. 968 and thereby Transported the criminal delegation of legislative power to the provincial boards of
justice system of the country to the twentieth century. In several provinces (sec. 1, Art. VI, Constitution).
the process, the president also appointed as the first
Probation Administration, NAPOLCOM Chairman, Teodolo ISSUE:
C. Natividad in a concurrent capacity. Whether or not:
1. the Act No. 4221 encroaches upon the pardoning
THE MULTI- SECTORAL BODY power of executive.
As advocated by the United Nations, the five-penal 2. the Act No. 4221 constitute on undue delegation of
multi-sectoral body is composed of experts from the legislative power.
various sectors and disciplines comprising the five pillars of 3. the Act No. 4221 denies the equal protection of the
criminal justice system, namely: Police, Prosecution, Court, law.
Correction and Community Participation. The panel on
community participation has sub-panels on education,
welfare, religion, Barangay, health and economics. RULING:

Crim.
1. No. There is no encroaches upon the pardoning power

of executive. act does not encroached in any upon the The clear policy of the law, as may be gleaned from
powers of the executive as they have understood and a careful examination of the whole context, is to make
practiced from the earliest time; the application of the system dependent entirely upon
the affirmative action of the different provincial boards
The Court held that the Probation Act did not, by through appropriation of the salaries for probation
the force of any of its provinces, fix and impose upon officers at rates not lower than those provided for
the provincial boards any standard or guide in the provincial fiscals. Without such action on the part of
exercise of their discretionary power. What was the various boards, no probation officers would be
granted was a "roving commission" which enabled the appointed by the Secretary of Justice to act in the
provincial boards to exercise arbitrary discretion. By provinces.
Section 11 of the Act, the legislature did seemingly on The Philippines is divided or subdivided into
its own authority extend the benefits of the Act to the provinces and it needs no argument to show that if not
provinces but in reality left the entire matter for the one of the provinces — and this is the actual situation
various provincial boards to determine for themselves now — appropriate the necessary fund for the salary of
whether the Probation Law should apply to their a probation officer, probation under Act No. 4221
provinces or not at all. The applicability and application would be illusory. There can be no probation without a
of the Act was entirely placed in the hands of the probation officer. Neither can there be a probation
provincial boards. If a provincial board did not wish to officer without the probation system.
have the Act applied in its province, all it had to do was
to decline to appropriate the needed amount for the 3. Yes, it denies the equal protection of the law
salary of a probation officer without even stating the
reason therefore. The plain language of Section 11 was The act was surrender of legislative power to the
not susceptible of any other interpretation. This was a provincial board for its application was left to their
virtual surrender of legislative power to the provincial determination in providing for the salary
boards. appropriation , although there are no provision that fix
and impose any standards to guide in the exercise of
2. Yes. There is undue delegation of legislative power. provincial board’s discretionary power;
SC conclude that section 11 of Act No. 4221 That the unwarranted delegation of Power under
constitutes an improper and unlawful delegation of section11 of Act No. 4221 created a situation for
legislative authority to the provincial boards and is, for discrimination and inequality to exits as one province
this reason, unconstitutional and void may appropriate then necessary funds for the salary of
a probation officer while another may refuse or fail to
The challenged section of Act No. 4221 in section 11 do so;
which reads as follows: "This Act shall apply only in
those provinces in which the respective provincial boards Hence it contravened the equal protection of the
have provided for the salary of a probation officer at law clause for those persons who may enjoy the
rates not lower than those now provided for provincial benefits of Probation.
fiscals. Said probation officer shall be appointed by the
Secretary of Justice and shall be subject to the In more precise language, the high court assailed
direction of the Probation Office." that it bluntly called a “roving commission” that enable
provincial boards to exercise arbitrary discretion so
The provincial boards of the various provinces are that if a provincial board did not wish to have the Act
to determine for themselves, whether the Probation applied in its provincial, all that it had to do was to
Law shall apply to their provinces or not at all. The decline to appropriate the needed amount for the
applicability and application of the Probation Act are salary of probation officer, which construed as a virtual
entirely placed in the hands of the provincial boards. If surrender of Legislative power to the provincial boards.
the provincial board does not wish to have the Act
applied in its province, all that it has to do is to decline It was considered class legislation. Under this law
to appropriate the needed amount for the salary of a probation existed only in cities and municipalities,
probation officer.

Crim.
which were given appropriation for, said purpose by N.B. Thus, besides a general enumeration of the
legislature. offense not covered, the said Section further
broadened the scope of the inapplicability of the Law.
Additional exemption from coverage can be found in
III.BASIC DIFFERENCES BETWEEN the offenses enumerated under Section 9 (a, c, d and e)
abovementioned.
P.D. 968 AND THE PROBATION The modification or revision of the conditions of It provided that "The Court
probation, Presidential Decree No. 968, Section 12 revise, modify or enlarge the con
ACT OF 1935 provides in part, that "During the period of probation, probation."
the court may, UPON APPLICATION of either the
probationer or the probation officer, revise or modify
Presidential Decree 968 Act no.the
4221conditions or period of probation. . .. "
(Probation Law of 1976) (Probation Law of 1935)
N.B. Contrasting the two Sections, it is evident that
of It expressly and explicitly provides that "There shall be under the
It expressly and explicitly provides newActlaw, application of either the
that this
at least one probation officer in each province and city apply only in those provinces probationer
in which the or respective
the probation officer is needed in order
who shall be appointed by the Secretary of Justice provincial boards have providedthat the forCourt may exercise
the salary of a its discretion to revise or
upon recommendation of the Administrator and in modify
probation officer . . . " (Section 11) the conditions or period of probation whereas
accordance with civil service law and rules." (Section the old law granted to the Court the exclusive
23) discretionary power of revision and modification
 The Probation Law applies to all provinces  The Probation without need of prior
Law applies only application
to by the probationer or
and cities, uniformly and without provinces and the probation
cities officer their
in which concerned.
discrimination. respective It is clear
provincial therefore, that under the new law, the
boards
 The salary of the probation officer in each provided for theCourt salaryrelies
of aheavily
probationupon the probation officer and
province or city is provided for by law, no officer. places great faith in him.
longer subject to the discretion of the  The salary of the probation  officer
Office -isProbation
to the Administration  Office - Probation Offic
respective provincial boards.  Probation
discretion of the respective provincial
Administrator - the Executive  Chief Probation Office
 The law expressly provides that "The boards. Officer of the Probation Administration Probation Office
Provincial or City Probation Officer shall  The Probation Law divests the provincial
receive an annual salary of at least eighteen boards of the power to determine
thousand four hundred pesos.” IV.FORERUNNERS OF PROBATION
whether or not salary of a probation
officer in their respective provinces would
be appropriated.
The following are the forerunner of probation:
of The conditions of Probation make it MANDATORY for The imposition of the said conditions on the
the Court to issue a probation order containing probationer was merely DISCRETIONARY 1. Benefits of the Clergy- earliest for softening of the
specific conditions for the probationer to fulfill. of the Court issuing the probation order. (Section
brutal 3)
severity of punishment. This was a compromise
(Section 10)  There is reparation or restitution by the
between the church and the king that, if any member
 The reparation or restitution by the probationer to the aggrieved parties for
probationer to the aggrieved parties for of
actual damages or losses caused by histhe clergy was brought to trial before the king’s
actual damages or losses caused by his offense. court, such clergy could be claimed from the
offense is DELETED. jurisdiction by the bishop or chaplain representing him
of It provides that "in all other cases, the probation It provides that the period of probation of a
on the ground that the prisoner was subject to the
period shall not exceed 6 years. (Section 14) probationer found guilty of "any other offense" did
not exceed twice the maximum authority
time ofof the Ecclesiastical Court only. There was
The new law, therefore, provides for a definite and imprisonment to which he might greater leniency in sentencing and particularly escape
be sentenced.
shorter probation period. (Section 7) from death penalty. Acquittal or guilt was established
ity The Law provides that an order granting or denying Nowhere in the old Probation Lawby cana Jury
there of
beTwelve Clerks.
ng probation shall not be appealable. (Section 4) found a provision to this effect.
n
not It contains a GENERAL enumeration. It provides that 2. Judicial
It gave an enumeration of the offenses Reprieve- withdrawal of sentence for an
not covered
the benefits of this Decree shall not be extended to by the Act. This enumeration internal of time whereby the execution of the sentence
those: not covered. These were: is suspended either before or after judgment such as
(a) sentenced to serve a maximum term of 1. Homicide
imprisonment of more than 6 years; 2. Treason when there is a favorable circumstance in the criminal’s
(b) convicted of any offense against the security 3. Misprision of treason character in order to give him opportunity to apply to
of the State; 4. Sedition the King for either an absolute an or conditional
(c) who have previously been convicted by final 5. Espionage pardon. Early English courts began to grants reprieves
judgment of an offense punished by 6. Conspiracy or proposal to commit treason
imprisonment of not less than one month and 7. Piracy to prisoners under sentence of death on condition that
one day and/or fine of not less than two 8. Brigandage they accept deportation to English settlements in
hundred pesos; 9. Arson America.
(d) who have been once on probation under the 10. Robbery in band
provisions of this Decree; 11. Robbery with violence on persons when it
(e) who are already serving sentence at the time was found that they3.displayed
Recognizance
a deadly or “Binding over for good behavior” –
the substantive provisions of this Decree weapon and this is considered as the direct ancestor of probation.
became applicable. . .. " (Section 9) This8)involves an obligation or promise sworn to under
12. Corruption of minors." (Section

Crim.
court order by a person not yet convicted of crime material and relevant to
he would keep the peace and be of good behavior. ascertain the veracity of the
charge. The State shall be
represented by a prosecuting
4. Transportation- this was developed from an ancient officer in any contested
practice of banishment and flourished for more than hearing.
two hundred years as a principal method of disposing xxx
N.B.
offenders. It served mainly as cheap source of The defendant has the right to
supplying labor to the colonies of England. be informed of the violation
charged and to adduce
evidence in his favor.
V. THE PROBATION LAW AND ITS Sec. 4 sec. 33
xxx xxx
AMENDMENT That the application of its That, the
substantive provisions application of its
concerning the grant of substantive
AMENDMENTS PRESIDENTIAL
probation shall only take effect provisions
DECREE NO. 968
on January 3, 1978." concerning the
Presidential Section 1
xxx grant of probation
Decree No. 1257 xxx
shall only take
The prosecuting officer
effect twelve
concerned shall be notified by
months.
the court of the filling of the
xxx
application for probation and
he may submit his comment on
such application within ten
days from receipt of the NONE
notification. Batas Pambansa The probation system shall not The probation
xxx Blg. 76 be extended to a convicted system shall not be
Nota Bene: The prosecutor offenders sentenced to serve a extended to a
participates in the maximum term of convicted
determination of the imprisonment of more than offenders
application for probation. It is six (6) years and one (1) day. sentenced to serve
therefore mandatory the a maximum term
prosecuting officer concerned N.B. The probational period is of imprisonment of
shall be notified by the court of extended to six (6) years and more than six (6)
the filling of the application for one (1) day and below years.
probation and submits
comment within 10 days from N.B. The
receipt. probational period
Section 2 Section 7 is six (6) years and
xxx xxx below.
The court shall resolve the The court shall xxx
application for probation not resolve the petition Any person sentenced to
later than fifteen days after for probation not maximum penalty of six years
receipts of said report." later than five days and one day on January 3, 1978
xxx after receipt of said and thereafter may be placed NONE
report. on probation upon his
N.B. PD no. 257 extended the xxx application therefore with the
period of resolving the court of origin. However, such
application for probation by the person serving sentence shall
court from five (5) days to remain in jail pending the
fifteen (15) days. approval of his application.
Section 3 XXX
xxx
In the hearing, which shall be
summary in nature, the Presidential The decree restore the
probationer shall have the Decree No. 1990 provision of section 9 of PD
right to be informed of the 968 that probation shall not
violation charged and to NONE be extended to a convicted
adduce evidence in his favor. offenders sentenced to serve a
The court shall not be bound maximum term of
by the technical rules of imprisonment of more than
evidence but may be inform six (6) years. It that senses the
itself of all the facts which are decree impliedly amended the

Crim.
provision of BP 76. d. Such other

Section 1 amending Section 4 functions as may
of PD no. 968. hereafter be
Xxx provided by law.
Provided; That NO xxx
APPLICATION FOR (2)The Administration shall
PROBATION SHALL BE have a Technical Service under
ENTERTAINED OR GRANted if the Office of the Administrator
the defendant has perfected which shall serve as the
the appeal from the judgment service arm of the Board of
of conviction. NONE Pardons and Parole in the
Xxx supervision of parolees and
NB: Appeal and probation is a pardonees.
mutually exclusive remedy; The Board and the
meaning once a defendant filed Administration shall jointly
his appeal it is a deemed waiver determine the staff
of the filing of probation. complement of the Technical
The period of perfecting an Service.
appeal is also the period of xxx
perfecting an application/filing
for probation. In general, the
period of perfecting an appeal
is fifteen (15) days from the
promulgation of sentence.
N.B. 1990 – The period of

punishment which is
probationable is lowered again
from 6 years and 1 day to 6
years or less
Executive Order It renamed the Probation

No. 292 Administration created under
PD 968 into Parole and
probation Administration.
It also extended the powers
and function of the PPA. It
includes the following:
a. Administer the
parole and
probation system;
b. Exercise general
supervision over all
parolees and
probationers;
c. Promote the
correction and
rehabilitation of
offenders; and
CHAPTER IV
THE RULES AND LIMITATIONS IN THE
GRANT OF PROBATION
CHAPTER CONTENTS 4. Resolution of the Petition for Probation
1. Nature of Granting Probation 5. Period of Probation and its Implication
2. Qualified and Disqualified Offenders for Probation 6. Conditions in the Grant of Probation
3. Procedure in the Application of Probation 7. Violation of Probation conditions

Crim.
8. Modification and Revocation Under Section 8 of PD No. 968, in determining whether

9. Termination and Closing of Probation Case an offender may be placed on probation, the court shall
consider all information relative, to the character,
SPECIFIC OBJECTIVES antecedents, environment, mental and physical condition
At the end of this chapter the students should be able to: of the offender, and available institutional and community
1. explain the nature of granting probation; resources. Probation shall be denied if the court finds that:
2. identify those qualified and disqualified offenders 1. The offender is in need of correctional treatment
for probation; that can be provided most effectively by his
3. illustrate, understand and summarized the commitment to an institution; or
procedure in the application of probation as well 2. There is undue risk that during the period of
as its resolution or grant; probation the offender will commit another crime;
4. explain how post sentence investigation is or
conducted; 3. Probation will depreciate the seriousness of the
5. identify the right an duties of the probationer; offense committed.
6. explain the period of probation and its implication;
7. enumerate the mandatory and optional conditions However, under Sec. 70 of Republic Act No. 9165, the
in the grant of probation; Comprehensive Dangerous Drugs Act of 2002, the first-time
8. identify the consequences of violating the minor offender who upon promulgation of the sentence,
conditions of probation; the court may, in its discretion, placed the accused under
9. explain how probation case is terminated or probation, even if the sentence provided under Sec. 11 of
closed as well as the early discharge incentive; and the Act is higher than that provided under Probation Law.
SECTION 70 OF REPUBLIC ACT NO. 9165. Probation or

Community Service for a First-Time Minor Offender in Lieu
A. NATURE OF GRANTING of Imprisonment. – Upon promulgation of the sentence, the
court may, in its discretion, place the accused under
PROBATION probation, even if the sentence provided under this Act is
higher than that provided under existing law on probation,
I. GRANT OF PROBATION
or impose community service in lieu of imprisonment. In
case of probation, the supervision and rehabilitative
Section 4 of PD 968 - Subject to the provisions of this Decree,
surveillance shall be undertaken by the Board through the
the court may, after it shall have convicted and sentenced a
DOH in coordination with the Board of Pardons and Parole
defendant and upon application at any time of said
and the Probation Administration. Upon compliance with
defendant, suspend the execution of said sentence and place
the conditions of the probation, the Board shall submit a
the defendant on probation for such period and upon such
written report to the court recommending termination of
terms and conditions as it may deem best.
probation and a final discharge of the probationer,
Probation may be granted whether the sentence imposes a
whereupon the court shall issue such an order.
term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to the
TOLENTINO VS. JUDGE ALCONCEL
appellate court if an appeal has been taken from the
121 SCRA 92; G.R. No. L-63400; March 18, 1983
sentence of conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the automatic
Application for Probation can be denies on the ground
withdrawal of a pending appeal. (As amended by PD 1990).
that it will depreciate the seriousness of the offense
committed.
II. CRITERIA FOR PLACING AN OFFENDER ON PROBATION
(SECTION 8 OF PD NO. 968)
FACTS: Petitioner was charged with violation of Section 4,
Article II of Rep. Act No. 6425, otherwise known as the
QUESTION
Dangerous Drugs Act of 1972. Petitioner entered a plea of
Will probation be automatically granted to one whose not guilty. However after the prosecution had presented
sentence is six (6) years or less? No, the offender must fit part of its evidence, petitioner desires to change his plea of
the criteria under Section 8 of PD 968. not guilty to that of guilty to a lesser offense of possession

Crim.
of Indian Hemp [marijuana], under Section 8 of Article II of justify his criminal act by explaining in his motion for
Rep. Act No. 6425. reconsideration that "he did it only to make some money
As no objection was interposed by the fiscal, the court for the family during Christmas. Such admission renders a
allowed petitioner to withdraw his former plea of guilty and hearing on the application for probation an unnecessary
to enter a plea of guilty to a lesser offense. Petitioner was surplusage and an Idle ceremony.
thereupon sentenced to imprisonment of 6 months and Proliferation of prohibited drugs in the country has
1day to 2 years and 4 months. remained a serious threat to the well-being of the people. It
Petitioner applied for probation. Respondent judge has necessitated an all-out intensified campaign on the part
forthwith directed the probation officer to conduct a POST of the law-enforcers against users as well as pushers
SENTENCE INVESTIGATION. After conducting such thereof. If only to emphasize the gravity of the drug
investigation, the probation officer, recommends that menace, the Batasan Pambansa has seen fit to increase the
petitioner be placed on two-year probation. penalty for violation of Section 8, Article II of Rep. Act 6425.
But the respondent judge denies petitioner's Thus, while under Rep. Act 6425, as amended by P.D. 44,
application on the ground that it will depreciate the possession or use of marijuana was punishable by
seriousness of the offense committed. imprisonment of 6 months and 1 day to 2 years and 4
Hence, the instant recourse. months and a fine ranging from P600.00 to P6,000.00-the
penalty imposed upon petitioner herein-POSSESSION AND
ISSUE: Whether the grant of probation will depreciate the USE thereof is now punishable by imprisonment ranging
seriousness of the offense committed. from 6 years and 1 day to 12 years and fine ranging from
P6,000.00 to P12,000.00 under B.P. Blg. 179.
HELD: The observation of the Solicitor General on this
Yes. Section 5 of P.D. 968 provides, to wit: increase of penalty is apropos: The implication is clear. The
SEC. 5. Post Sentence Investigation.— No person shall penalties were increased to take it out of the range of
be placed on probation except upon prior investigation by probationable offenses. Thus, the State has spoken and
the probation officer and a determination by the court that considers that this is one case where probation will
the ends of justice and the best interest of the public as well depreciate the offense committed, and will not serve the
as that of the defendant will be served thereby. ends of justice and the best interest of the community,
It is evident from the foregoing that the potentiality of particularly, the innocent and gullible young.
the offender to reform is not the sole, much less the
primordial factor, that should be considered in the grant or III. PROBATION IS NOT A MATTER OF RIGHT BUT A
denial of an application for probation. Equal regard to the PRIVILEGE
demands of justice and public interest must be observed. In the above case of TOLENTINO VS. JUDGE
Thus, Section 8 of P.D. 968 lays down the criteria for the ALCONCEL, the Supreme Court held that, probation is a
placing of an offender on probation, as follows: mere privilege and its grant rests solely upon the discretion
Sec. 8. Criteria for Placing an Offender on Probation.— of the court. This discretion is to be exercised primarily for
In determining whether an offender may be placed on the benefit of organized society and only incidentally for the
probation, the court shall consider all information, relative benefit of the accused.
to the character, antecedents, environment, mental and Probation cannot be demanded as a matter of right. It
physical condition of the offender and available institutional is a privilege. Hence, only those persons who are qualified
and community resources. Probation shall be denied if the may apply for probation. Its grant depends upon the
court finds that: discretion of the trial court. No person shall be placed on
a) ... probation except upon prior investigation by the probation
b) ... officer and a determination by the court that the ends of
c) probation will depreciate the seriousness of the justice and the best interest of public as well as that of the
offense committed. defendant will be serve thereby.
"The conclusion of respondent judge that "probation The grant of probation results in the release of the
will depreciate the seriousness of the offense committed" petitioner subject to the terms and conditions imposed by
is based principally on the admission by the petitioner the court and to the supervision of Probation Officer.
himself, that he was actually caught in the act of selling However, under R.A. 9344 or Juvenile Justice and
marijuana cigarettes. Petitioner did not deny or dispute the Welfare Act of 2006, a Child in Conflict with the Law (CICL)
veracity of the fact that he was caught in flagrante delicto is granted the right to probation as an alternative to
of selling marijuana cigarettes. He merely attempted to imprisonment if qualified under the Probation Law.

Crim.
only to pursue their application for probation when their

IV. BASIS OF GRANTING PROBATION appeal is eventually dismissed".
In DELA CRUZ VS. CALLEJO; the basis of granting In view of this change, jurisprudence treated appeal
probation is the sentence imposed by the trial court. and probation as MUTUALLY EXCLUSIVE REMEDIES. Thus,
Convicted for highway robbery sentence to 11 years, 4 where the penalty imposed by the trial court is not
months and 1 day 12 years penalty was reduced to 1 year, 8 probationable, and the appellate court modifies the penalty
months and 5 months and 1 day. He applied for probation by reducing it to within the probationable limit, the same
on the basis of the appellate court. Trial court denied. prohibition should still apply and he is not entitled to avail
Supreme Court denial is proper to the provision of the law. of probation.
In Sable v. People, G.R. No. 177961, April 7, 2009, 584
V. PROBATION IS NOT A SENTENCE SCRA 619, 625. the Supreme Court stated that "[Section 4
In Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984) it of] the Probation Law was amended to put a stop to the
was held that an order placing defendant on "PROBATION" practice of appealing from judgments of conviction even if
IS NOT A "SENTENCE" but is rather in effect a suspension of the sentence is probationable, for the purpose of securing
the imposition of sentence. It is not a final judgment but is an acquittal and applying for the probation only if the
rather an "interlocutory judgment" in the nature of a accused fails in his bid." Thus, probation should be availed
conditional order placing the convicted defendant under the of at the first opportunity by convicts who are willing to be
supervision of the court for his reformation, to be followed reformed and rehabilitated; who manifest spontaneity,
by a final judgment of discharge, if the conditions of the contrition and remorse.
probation are complied with, or by a final judgment of The Supreme Court explained that the intention of the
sentence if the conditions are violated. new law is to make appeal and probation mutually
Probation is not a suspension of sentence. A exclusive remedies. Jurisprudence at that time stated that
suspension of sentence postpones execution of sentence the Probation Law requires that an accused must not have
for a definite time, while probation suspends sentence appealed his conviction before he can avail himself of
during good behavior. probation. This requirement "outlaws the element of
speculation on the part of the accused--to wager on the
VI. HOW MANY TIMES CAN ONE BE GRANTED result of his appeal--that when his conviction is finally
PROBATION? affirmed on appeal, the moment of truth well-nigh at hand,
An offender can be granted probation ONLY ONCE IN and the service of his sentence inevitable, he now applies
HIS LIFETIME. for probation as an `escape hatch' thus rendering nugatory
the appellate court's affirmance of his conviction."
VII. GRANTING OR DENYING PROBATION NOT BE However, in the fairly recent case of Colinares vs.
APPEALABLE People, G.R. No. 182748, December 13, 2011, the Supreme
Under PD No. 1990, an order granting or denying Court took another look at the probation law, and allowed
probation shall not be appealable. the grant of probation to an accused who has appealed his
conviction. In this case, the accused was originally
VIII. PROBATION AND APPEAL IS MUTUALLY EXCLUSIVE sentenced by the Regional Trial Court to imprisonment
REMEDIES exceeding 6 years and one day, which disqualified from
Later, the amendment of Section 4 of P.D. No. 968 by applying for probation. Upon his appeal of the case to the
P.D. No. 1990 imposed a condition upon the grant of Court of Appeals, the appellate court lowered the penalty
probation, thus: "Provided, that no application for to less than 6 years and one day. The Supreme Court
probation shall be entertained or granted if the defendant reasoned that since the trial court imposed a (wrong)
has perfected an appeal from the judgment of penalty beyond the probationable range, thus depriving the
conviction." The application for probation was no longer accused of the option to apply for probation when he
allowed if the accused has perfected an appeal from the appealed, the element of speculation that the law sought
judgment of conviction. to curb was not present.
The reason for the disallowance of probation where an In a real sense, the Court's finding on appeal that the
appeal has been made by the accused is stated in the accused was guilty, not of a non-probationable penalty, but
preamble of P.D. No. 1990, thus: "WHEREAS, it has been only of a penalty which may be subject of probation, is an
the sad experience that persons who are convicted of original conviction that for the first time imposes on him a
offenses and who may be entitled to probation still appeal probationable penalty. Had the RTC done him right from
the judgment of conviction even up to the Supreme Court, the start, it would have found him guilty of the correct

Crim.
offense and imposed on him the right penalty of less than 6 It is quite clear from the afore-quoted provision
years and one day. This would have afforded the accused that an application for probation must be made within the
the right to apply for probation. period for perfecting an appeal, and the filing of the
The Supreme Court said that the question is ultimately application after the time of appeal has lapsed is injurious
one of fairness. It is not fair to deny the accused the right to the recourse of the applicant. In the present petition
to apply for probation when the new penalty that the Court before us, petitioner filed the application for probation on
imposes on him after he appealed his original conviction is, 25August 2003, almost eight months from the time the
unlike the one erroneously imposed by the trial court, assailed judgment of the RTC became final. Clearly, the
subject to probation. application for probation was filed out of time pursuant to
Rule 122, Sec. 6 of the Rules of Court, which states that an
LOURDES A. SABLE vs. PEOPLE OF THE PHILIPPINES "appeal must be taken within fifteen (15) days from
G.R. No. 17796: April 7, 2009 promulgation of the judgment or from notice of the final
order appealed from."In Palo v. Militante, this Court held
FACTS: Petitioner convicted of the crime of Falsification of that what the law requires is that the application for
Public Documents under Article 172(1) in relation to Article probation must be filed within the period for perfecting an
171 of the Revised Penal Code on November 28, 2000 but appeal.
acquitted Ildefonsa Anoba for finding not guilty. However, The need to file it within such period is intended to
the court finds that Lourdes Abellanosa Sable was guilty encourage offenders, who are willing to be reformed and
beyond reasonable doubt of the crime charged and hereby rehabilitated, to avail themselves of probation at the first
sentences her to suffer an indeterminate penalty of 4 years, opportunity. Furthermore, the application for probation
2 months and one day to 6 years. On August, 25, 2003 must necessarily fail, because before the application was
petitioner intimated her desire to apply for probation instituted, petitioner already filed a Notice of Appeal before
instead of appealing the judgment of conviction which was the RTC on 17 June2003. The Probation Law is patently clear
denied. that "no application for probation shall be entertained or
granted if the defendant has perfected the appeal from the
ISSUE: Whether or not the denial of application for judgment of conviction."The law expressly requires that an
probation is tenable. accused must not have appealed his conviction before he
can avail himself of probation. This outlaws the element of
HELD: The court held that probation is a special privilege speculation on the part of the accused -- to wager on the
granted by the state to a penitent qualified offender. It result of his appeal -- that when his conviction is finally
essentially rejects appeals and encourages an otherwise affirmed on appeal, the moment of truth well nigh at hand
eligible convict to immediately admit his liability and save and the service of his sentence inevitable, he now applies
the state the time, effort and expenses to jettison an for probation as an "escape hatch," thus rendering
appeal. The pertinent provision of the Probation Law, as nugatory the appellate court’s affirmation of his conviction.
amended, reads: Consequently, probation should be availed of at the first
Sec. 4. Grant of Probation.—Subject to the opportunity by convicts who are willing to be reformed and
provisions of this Decree, the trial court may, after it rehabilitated; who manifest spontaneity, contrition and
shall have convicted and sentenced a defendant and remorse.
upon application by said defendant within the This was the reason why the Probation Law was
period for perfecting an appeal, suspend the amended, precisely to put a stop to the practice of
execution of the sentence and place the defendant appealing from judgments of conviction even if the
on probation for such period and upon such terms sentence is probationable, for the purpose of securing an
and conditions as it may deem best; acquittal and applying for the probation only if the accused
Provided, That no application for probation fails in his bid.
shall be entertained or granted if the defendant has
perfected the appeal from the judgment of COLINARES VS. PEOPLE
conviction. Probation may be granted whether the G.R. No. 182748, December 13, 2011
sentence imposes a term of imprisonment or a fine
only. An application for probation shall be filed with FACTS:
the trial court. The filing of the application shall be Accused-appellant Arnel Colinares (Arnel) was charged
deemed a waiver of the right to appeal.(Emphasis with frustrated homicide for hitting the head of the private
supplied.) complainant with a piece of stone. He alleged self-defense

Crim.
but the trial court found him guilty of the crime charged If the Court chooses to go by the dissenting opinion’s
and sentenced him to suffer imprisonment from 2 years and hard position, it will apply the probation law on Arnel based
4 months of prision correccional, as minimum, to 6 years on the trial court’s annulled judgment against him. He will
and 1 day of prision mayor, as maximum. Since the not be entitled to probation because of the severe penalty
maximum probationable imprisonment under the law was that such judgment imposed on him. More, the Supreme
only up to 6 years, Arnel did not qualify for probation. Court’s judgment of conviction for a lesser offense and a
Arnel appealed to the Court of Appeals (CA), invoking lighter penalty will also have to bend over to the trial
self-defense and, alternatively, seeking conviction for the court’s judgment—even if this has been found in
lesser crime of attempted homicide with the consequent error. And, worse, Arnel will now also be made to pay for
reduction of the penalty imposed on him. His conviction the trial court’s erroneous judgment with the forfeiture of
was affirmed by the CA. Hence, this appeal to the Supreme his right to apply for probation. Ang kabayo ang nagkasala,
Court. ang hagupit ay sa kalabaw (the horse errs, the carabao gets
the whip). Where is justice there?
ISSUE: Here, Arnel did not appeal from a judgment that would
Given a finding that Arnel is entitled to conviction for a have allowed him to apply for probation. He did not have a
lower [lesser] offense [of attempted homicide] and a choice between appeal and probation. He was not in a
reduced probationable penalty, may he may still apply for position to say, “By taking this appeal, I choose not to apply
probation on remand of the case to the trial court? for probation.” The stiff penalty that the trial court
imposed on him denied him that choice. Thus, a ruling that
RULING: would allow Arnel to now seek probation under this Court’s
[The Supreme Court voted to PARTIALLY GRANT the greatly diminished penalty will not dilute the sound ruling
appeal, MODIFIED the CA decision and found Arnel GUILTY of in Francisco. It remains that those who will appeal from
ATTEMPTED (not frustrated) HOMICIDE and SENTENCED him judgments of conviction, when they have the option to try
to and indeterminate but PROBATIONABLE penalty of 4 for probation, forfeit their right to apply for that privilege.
months of arresto mayor as minimum and 2 years and 4 In a real sense, the Court’s finding that Arnel was guilty,
months of prision correccional as maximum. The Court also not of frustrated homicide, but only of attempted
voted 8-7 to allow Arnel to APPLY FOR PROBATION within 15 homicide, is an original conviction that for the first time
days from notice that the record of the case has been imposes on him a probationable penalty. Had the RTC done
remanded for execution to trial court.] him right from the start, it would have found him guilty of
YES, Arnel may still apply for probation on remand of the the correct offense and imposed on him the right penalty of
case to the trial court. two years and four months maximum. This would have
Ordinarily, Arnel would no longer be entitled to apply afforded Arnel the right to apply for probation.
for probation, he having appealed from the judgment of
the RTC convicting him for frustrated homicide. But, the DISSENTING AND CONCURRING OPINION OF JUSTICE
Court finds Arnel guilty only of the lesser crime of PERALTA,
attempted homicide and holds that the maximum of the In view of the provision in Section 4 of the Probation
penalty imposed on him should be lowered to Law that “no application for probation shall be entertained
imprisonment of four months of arresto mayor, as or granted if the defendant has perfected an appeal from the
minimum, to two years and four months of prision judgment of conviction,” prevailing jurisprudence treats
correccional, as maximum. With this new penalty, it would appeal and probation as mutually exclusive remedies because
be but fair to allow him the right to apply for probation upon the law is unmistakable about it.
remand of the case to the RTC. However, it has been proposed that an appeal should
While it is true that probation is a mere privilege, the not bar the accused from applying for probation if the
point is not that Arnel has the right to such privilege; he appeal is solely to reduce the penalty to within the
certainly does not have. What he has is the right to apply probationable limit, as this is equitable. In this regard, an
for that privilege. The Court finds that his maximum jail accused may be allowed to apply for probation even if he
term should only be 2 years and 4 months. If the Court has filed a notice of appeal, provided that his appeal is
allows him to apply for probation because of the lowered limited to the following grounds:
penalty, it is still up to the trial judge to decide whether or a. When the appeal is merely intended for
not to grant him the privilege of probation, taking into the correction of the penalty imposed by the lower
account the full circumstances of his case. court, which when corrected would entitle the
accused to apply for probation; and

Crim.
b. When the appeal is merely intended to review the b. When the accused files a notice of appeal
crime for which the accused was convicted and which puts the merits of his conviction in issue, even
that the accused should only be liable to the lesser if there is an alternative prayer for the correction
offense which is necessarily included in the crime of the penalty imposed by the trial court or for a
for which he was originally convicted and the conviction to a lesser crime, which is necessarily
proper penalty imposable is within the included in the crime in which he was convicted
probationable period. where the penalty is within the probationable
period.
In boths instances, the penalty imposed by the trial There is wisdom to the majority opinion, but the
court for the crime committed by the accused is more than problem is that the law expressly prohibits the filing of an
six years; hence, the sentence disqualifies the accused from application for probation beyond the period for filing an
applying for probation. Thus, the accused should be allowed appeal. When the meaning is clearly discernible from the
to file an appeal under the aforestated grounds to seek a language of the statute, there is no room for construction
review of the crime and/or penalty imposed by the trial or interpretation. Thus, the remedy is the amendment of
court. If, on appeal, the appellate court finds it proper to Section 4 of P.D. No. 968, and not adaptation through
modify the crime and/or the penalty imposed, and the judicial interpretation.
penalty finally imposed is within the probationable period,
then the accused should be allowed to apply for CONCURRING AND DISSENTING OPINION
probation. VILLARAMA, JR., J.:
In addition, before an appeal is filed based on the It must be stressed that in foreclosing the right to appeal
grounds enumerated above, the accused should first file a his conviction once the accused files an application for
motion for reconsideration of the decision of the trial court probation, the State proceeds from the reasonable
anchored on the above-stated grounds and manifest his assumption that the accused’s submission to rehabilitation
intent to apply for probation if the motion is granted. The and reform is indicative of remorse. And in prohibiting the
motion for reconsideration will give the trial court an trial court from entertaining an application for probation if
opportunity to review and rectify any errors in its judgment, the accused has perfected his appeal, the State ensures that
while the manifestation of the accused will immediately the accused takes seriously the privilege or clemency
show that he is agreeable to the judgment of conviction and extended to him, that at the very least he disavows criminal
does not intend to appeal from it, but he only seeks a review tendencies.
of the crime and/or penalty imposed, so that in the event Consequently, this Court’s grant of relief to herein
that the penalty will be modified within the probationable accused whose sentence was reduced by this Court to within
limit, he will apply for probation. the probationable limit, with a declaration that accused may
It is believed that the recommended grounds for now apply for probation, would diminish the seriousness of
appeal do not contravene Section 4 of the Probation Law, that privilege because in questioning his conviction accused
which expressly prohibits only an appeal from the never admitted his guilt. It is of no moment that the trial
judgment of conviction. In such instances, the ultimate court’s conviction of petitioner for frustrated homicide is
reason of the accused for filing the appeal based on the now corrected by this Court to only attempted homicide.
aforestated grounds is to determine whether he may avail of Petitioner’s physical assault on the victim with intent to
probation based on the review by the appellate court of the kill is unlawful or criminal regardless of whether the stage of
crime and/or penalty imposed by the trial court. Allowing the commission was frustrated or attempted only. Allowing the
aforestated grounds for appeal would give a qualified petitioner the right to apply for probation under the reduced
convicted offender the opportunity to apply for probation if penalty glosses over the fact that accused’s availment of
his ground for appeal is found to be meritorious by the appeal with such expectation amounts to the same thing:
appellate court, thus, serving the purpose of the Probation speculation and opportunism on the part of the accused in
Law to promote the reformation of a penitent offender violation of the rule that appeal and probation are mutually
outside of prison. exclusive remedies.
On the other hand, probation should not be granted to
the accused in the following instances: WILLY TAN y CHUA vs. PEOPLE OF THE PHILIPPINES
a. When the accused is convicted by the trial court of G.R. No. 148194: April 12, 2002
a crime where the penalty imposed is within the
probationable period or a fine, and the accused FACTS: Willy Tan was found guilty of bigamy, and then he
files a notice of appeal; and applied for probation which was granted by the trial court

Crim.
but the release was withheld in view of the filing by the compliance with the decision and writes finis to the
prosecution a motion for modification of penalty. He later jurisdiction of the trial court over the judgment. There is no
filed a notice of appeal. principle better settled, or of more universal application,
than that no court can reverse or annul, reconsider or
ISSUE: Whether or not he is entitled to an appeal after he amend, its own final decree or judgment. Any attempt by
has applied for probation. the court to thereafter alter, amend or modify the same,
except in respect to correct clerical errors, would be
HELD: In fine, petitioner had taken an appropriate legal step unwarranted.
in filing a notice of appeal with the trial court. Ordinarily,
the Court should have the case remanded to the Court DANIEL G. FAJARDO vs. COURT OF APPEALS
of Appeals for further proceedings. The clear impingement G.R. No. 128508: February 1, 1999
upon petitioner’s basic right against double jeopardy,
however, should here warrant the exercise of the FACTS:
prerogative by this Court to relax the stringent application On May 26, 1988, the Regional Trial Court, Branch
of the rules on the matter. When the trial court increased 33, Iloilo City, convicted petitioner of violation of Batas
the penalty on petitioner for his crime of bigamy after it Pambansa Bilang 22, and sentenced him to suffer the
had already pronounced judgment and on which basis he penalty of eight (8) months imprisonment and to pay the
then, in fact, applied for probation, the previous verdict costs, in Criminal Case No. 14196. He appealed to the Court
could only be deemed to have lapsed into finality. Section 7, of Appeals. By decision promulgated on February 27, 1990,
Rule 120, of the Rules on Criminal Procedure that states the Court of Appeals affirmed the conviction. Upon the
remand of the record to the lower court, on June 2, 1995,
Sec. 7. Modification of judgment. A petitioner filed a motion for probation contending that he
judgment of conviction may, upon motion of the was eligible for probation because at the time he
accused, be modified or set aside before it becomes committed the offense in 1981, an accused who had
final or before appeal is perfected. Except where the appealed his conviction was still qualified to apply for
death penalty is imposed, a judgment becomes final probation and that the law that barred an application for
after the lapse of the period for perfecting an probation of an accused who had interposed an appeal was
appeal, or when the sentence has been partially or ex post facto in its application, and, hence, not applicable
totally satisfied or served, or when the accused has to him. On January 5, 1996, the trial court denied
waived in writing his right to appeal, or has applied petitioner's motion for probation. On July 29, 1996,
for probation-implements a substantive provision of petitioner filed with the Court of Appeals a petition for
the Probation Law which enunciates that the mere certiorari to annul the lower court's denial of his application
filing of an application for probation forecloses the for probation. On November 12, 1996, the Court of Appeals
right to appeal. denied due course to the petition. Hence, this appeal.
Sec. 4.Grant of Probation. Subject to the
provisions of this Decree, the trial court may, after ISSUE:
its hall have convicted and sentenced a defendant, Whether or not the petitioner is qualify to apply for
and upon application by said defendant within the probation under Presidential Decree No. 968 since he had
period for perfecting an appeal, suspend the appealed from his conviction in 1988, after Presidential
execution of the sentence and place the defendant Decree No. 1990 amending Presidential Decree No. 968,
on probation for such period and upon such terms became effective in 1986, providing that "no application for
and conditions as it may deem best: probation shall be entertained or granted if the defendant
Provided, That no application for probation has perfected the appeal from the judgment of conviction.
shall be entertained or granted if the defendant has
perfected the appeal from the judgment or HELD:
conviction. Probation may be granted whether the Presidential Decree No. 1990, enacted on October
sentence imposes a term of imprisonment or a fine 5, 1985, "was printed in Volume 81 of the Official Gazette
only. An application for probation shall be filed with dated December 30, 1985 but said issue was released for
the trial court. The filing of the application shall be circulation only on July 1, 1986; hence, P D 1990 became
deemed a waiver of the right to appeal. effective after fifteen (15) days from July 1, 1986, in
An order granting or denying probation shall not accordance with Article 2 of the Civil Code, or on July 16,
be appealable. Such a waiver amounts to a voluntary 1986."It is not ex post facto in its application. The law

Crim.
applies only to accused convicted after its effectivity. An ex HELD: Probation is a special privilege granted by the State
post facto law is one that punishes an act as a crime which to a penitent qualified offender. It essentially rejects
was innocent at the time of its commission. Presidential appeals and encourages an otherwise eligible convict to
Decree No. 1990, like the Probation Law that it amends, is immediately admit his liability and save the State the time,
not penal in character. It may not be considered as an ex effort and expenses to jettison an appeal. The pertinent
post facto law. provision of the Probation Law, as amended, reads:
At the time of the commission of the offense Sec. 4. Grant of Probation. Subject to the provisions of
charged — violation of Batas Pambansa Bilang 22— in 1981, this Decree, the trial court may, after it shall have convicted
petitioner could have appealed if convicted and still availed and sentenced a defendant and upon application by said
himself of probation. However, petitioner was convicted on defendant within the period for perfecting an appeal,
May 26, 1988, and he appealed. At that time, petitioner no suspend the execution of the sentence and place the
longer had the option to appeal and still apply for defendant on probation for such period and upon such terms
probation if unsuccessful in the appeal. Presidential Decree and conditions as it may deem best; Provided, That no
No. 1990 was then in full effect. Hence, he could no longer application for probation shall be entertained or granted if
apply for probation since he had appealed. On October 13, the defendant has perfected the appeal from the judgment
1997, the Solicitor General submitted a manifestation of conviction.
positing the view that petitioner's application for probation It is undisputed that petitioner appealed from the
may still be considered because when petitioner committed decision of the trial court. This fact alone merits the denial
the offense in 1981, he could avail himself of probation since of petitioner's Application for Probation. Having appealed
the law as it stood at that time provided that an accused from the judgment of the trial court and having applied for
convicted of a crime may apply for probation even if he had probation only after the Court of Appeals had affirmed his
appealed the conviction. We do not share his view. The conviction, petitioner was clearly precluded from the
case he cited is a Court of Appeals decision, and, hence, not benefits of probation.
a precedent. What is more, it is inapplicable because there, Furthermore, it was clear that when petitioner filed his
the accused's conviction became final on October 14, 1985. appeal before the appellate court, what he was questioning
Presidential Decree No. 1990 although enacted on October was the merit of the decision convicting him and not the
5, 1985, was published in the Official Gazette on December propriety of the penalty imposed by the trial court for the
30, 1985,and,hence, was not yet applicable at the time the purpose of correcting a wrong penalty — to reduce it to
accused was finally convicted. Regrettably, the Solicitor within probational range. By perfecting his appeal,
General has cited a Court of Appeals decision that is petitioner, therefore, ipso facto relinquished the alternative
inapplicable to this case because the facts were not similar. remedy of availing of the Probation Law.
We find it unnecessary to resolve the other issues that The law expressly requires that an accused must not
petitioner has raised questioning the constitutionality and have appealed his conviction before he can avail himself of
wisdom of Presidential Decree No. 1990, amending the probation. This outlaws the element of speculation on the
probation law. part of the accused — to wager on the result of his appeal —
that when his conviction is finally affirmed on appeal, the
PATERNO DE LOS SANTOS, JR. vs. COURT OF APPEALS moment of truth well nigh at hand and the service of his
G.R. No. 181306: March 21, 2011 sentence inevitable, he now applies for probation as an
"escape hatch," thus, rendering nugatory the appellate
FACTS: Paterno de los Santos, Jr. was found guilty of the court's affirmance of his conviction. Consequently, probation
crime of intentional abortion,and then he filed an should be availed of at the first opportunity by convicts who
application for probation. It was ruled that he is ineligible to are willing to be reformed and rehabilitated; who manifest
apply for probation, considering the fact that he has waived spontaneity, contrition and remorse.
his right to avail the benefits of probation law when he Considering that the prevailing jurisprudence treats
appealed the judgment of conviction by the trial court. appeal and probation as mutually exclusive remedies, and
petitioner opted to appeal his conviction, he, therefore,
ISSUE: Whether petitioner is entitled to the benefits of deemed to relinquish his right to the benefits of probation.
probation, considering that he had appealed his conviction,
contrary to the provision of Section 4, P.D. 968, as
amended by P.D. 1990.
B. QUALIFIED AND DISQUALIFIED
OFFENDERS FOR PROBATION
Crim.
Are all convicted persons who are not disqualified entitled

I. WHO ARE QUALIFIED TO PROBATION? to probation automatically?
Any first time convicted offender, 18 years of age and No. Under PD 968; the court will not grant probation if
above not otherwise disqualified under PD 968 as amended after investigation conducted by the probation officer, it
can apply for probation before serving the sentence which finds that:
may either be imprisonment of fine with subsidiary 1. The offender can be treated better in an institution
imprisonment, or both imprisonment and fine. or other places for correction;
The age of offender qualified for probation is 18 years 2. The offender is a risk to the community;
and above. PD 1179 which amended PD 603 lowered the 3. Probation will depreciate the gravity of the
age of youthful offenders under 18 years old. offense.
AS GENERAL RULE probation applies to all sentenced
or convicted offenders - All first-time offenders convicted of
crimes punished by imprisonment of not more than 6 years
(maximum of 6 years). Except the following: ANSELMO DE LEON CUYO vs. PEOPLE OF THE PHILIPPINES
1. Those entitled to the benefits of PD 603 as G.R. No. 192164: October 12, 2011
amended otherwise known as the Child and Youth
Welfare Code. Hence, an offender who is under 18 FACTS: On August , 25, 2009, Branch 1 of the Municipal Trial
years of age must be dealt with in accordance with Court in Cities (MTCC) in San Fernando City, La Union,
the more liberal and beneficent provisions of PD found petitioner guilty beyond reasonable doubt of the
603. offense of perjury under Article 183 of the Revised Penal
Incidentally, Art 192 PD 603 as amended gives Code and sentenced him to imprisonment of four (4)
the youthful offender a choice as to whether he months and one (1) day to one (1) year. He was likewise
will be dealt with as a youthful offender under ordered to pay private complainant Alejo Cuyo the amount
PD603 or as Adult offender under PD 968 as of P10, 000 for attorney’s fees and litigation expenses.
amended. If he does not apply under PD603 as
amended, he treated as an adult offender. In such Petitioner was not present during the promulgation of
a case, two options are open to him, namely: the judgment and was represented by his counsel instead.
a. To simply serve his sentence His motion for reconsideration was denied on October 23,
b. To apply of probation under PD 968 as 2009. He subsequently filed a Motion for Probation on
amended November, 5, 2009 but is denied on the ground that it had
2. Those that are found Guilty in violation of R.A been filed beyond the reglementary period of fifteen days
6425, otherwise known as the Dangerous Drug Act as provided in Sec. 4 of P.D. 968.
of 1972 as amended by Republic Act No. 9165.
Hence, its beneficiaries, drug dependents, must be ISSUE: Whether or not the petitioner is entitled to the
subjected to the confinement, treatment and benefits of probation.
rehabilitation measures provided therein. Even
those who are below twenty one years of age who HELD: This court held that the RTC that the Motion for
are found guilty of possessing or using prohibited Probation was filed out of time. Sec. 6 of Rule 120 of the
or regulated drugs must be treated under the Rules of Court provides: Promulgation of judgment - The
provisions of R.A 6425. judgment is promulgated by reading it in the presence of the
3. Those offenders who has not been convicted and accused and any judge of the Court in which it was rendered.
sentenced. However, if the conviction is for alight offense, the judgment
4. Those that are found guilty in violation of BP 881 as may be pronounced in the presence of his counsel or
amended by BP 882,883 and 884 otherwise known representative. When the judge is absent or outside the
as the Omnibus Election Code of the Philippines. province or city, the judgment may be promulgated by the
5. Those who are found guilty in violation of PD 1987 clerk of court. In case the accused fails to appear at the
(an act creating the Video gram Regulatory) scheduled date of promulgation of judgment despite notice,
6. Those that are found guilty in violation of RA 6727 the promulgation shall be made by recording the judgment in
otherwise known as the Wage Rationalization Act. the criminal docket and serving him a copy thereof at his last
known address or thru his counsel. If the judgment is for
QUESTION conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available

Crim.
in these Rules against the judgment and the court shall order 5. inciting to war or 4. Conspiracy to commit
his arrest. Within fifteen (15) days from promulgation of giving motives for sedition
judgment, however, the accused may surrender and file a reprisals 5. Inciting to sedition
motion for leave of court to avail of these remedies. He shall 6. violation of neutrality 6. Acts tending to
state the reasons for his absence at the scheduled 7. correspondence with prevent the meeting
promulgation and if he proves that his absence was for a hostile country of assembly and
justifiable cause, he shall be allowed to avail of said remedies 8. flight to enemy’s similar bodies
within fifteen (15) days from notice. (Emphasissupplied.) country 7. Disturbance of
Petitioner was charged with and found guilty of 9. piracy proceedings
perjury. He was sentenced to suffer imprisonment of 4 10. qualified piracy 8. Direct assault
months and 1 day to 1 year, a period which is considered as 9. Indirect assault
a correctional penalty. Under Article 9 of the Revised Penal 10. Coup d’etat
Code, light felonies are those infractions of law for the
commission of which the penalty of arresto menor (one to 3. Those who have previously been convicted by final
thirty days of imprisonment) or a fine not exceeding two judgment of an offense punished by imprisonment
hundred pesos (P200), or both are imposable. Thus, perjury of not less than one month and one day and/or a
is not a light felony or offense contemplated by Rule 120, fine of not less than Two Hundred Pesos;
Sec. 6. It was therefore mandatory for petitioner to be
present at the promulgation of the judgment. PREVIOUS FINE:
To recall, despite notice, petitioner was absent when CONVICTION
the MTCC promulgated its judgment on 25 August 2009.  if one month -  less than two hundred
Pursuant to Rule 120, Sec. 6, it is only when the accused is qualified for pesos - qualified for
convicted of a light offense that a promulgation may be probation probation
pronounced in the presence of his counsel or  if one month and  two hundred pesos or
representative. In case the accused failed to appear on the one day or more - more - disqualified for
scheduled date of promulgation despite notice, and the disqualified for probation
failure to appear was without justifiable cause, the accused probation
shall lose all the remedies available in the Rules against the
judgment. 4. Those who have been ONCE on probation under
the provisions of PD No. 968, as amended;
Accordingly, one who has been on probation
II. DISQUALIFIED OFFENDERS FOR PROBATION (Section only under the child and Youth Welfare Code as
9, PD 968) amended and the Dangerous Drugs Code of 1972
Under Section 9 of PD 968, the benefits of probation as amended will not be disqualified. The reason
shall not be extended to: form this is that the treatment given under those
1. Those sentenced to serve a MAXIMUM TERM of latter laws is of a different kind from that under PD
imprisonment of MORE THAN SIX (6) YEARS; 968 as amended.
Note: the six years maximum refers to the 5. Those who are already serving sentence at the
sentence actually imposed, and not that prescribed time substantive provisions of the decree became
by law for the offense committed. applicable pursuant to section 33 of PD 968. (As
2. Those convicted of subversion or any crime against amended by BP Blg. 76, and PD 1990, October 5,
the national security or public order; 1985)
CRIMES AGAINST CRIMES AGAINST PUBLIC Technically speaking probation cannot cover the
NATIONAL SECURITY ORDER following, non-offenders; offenders not yet convicted and
convicted offenders but with a sentenced exceed 6 years.
1. Treason 1. Rebellion or
2. conspiracy and insurrection ALEJANDRA PABLO vs.HON. SILVERIO Q. CASTILLO
proposal to commit 2. Conspiracy and G.R. No. 12510: August 3, 2000
treason proposal to commit
3. misprision of treason rebellion
4. espionage 3. Sedition

Crim.
FACTS: Alejandra Pablo was convicted of a violation of penal statute; and therefore, the principle of liberal
Batas Pambansa Bilang 22. She applied for probation and interpretation is inapplicable. And when the meaning is
was later denied. clearly discernible from the language of the statute, there is
no room for construction or interpretation.
ISSUE: Whether or not the he should be denied probation
on the ground of disqualification from probation under
Section 9 of P.D. 968.
C. REQUIREMENTS AND
PROCEDURE IN THE APPLICATION
HELD: The Court ruled that under Section 9 of the
Probation Law, P.D. 968, the following offenders cannot OF PROBATION
avail of the benefits of probation:
a) Those sentenced to serve a maximum term of QUESTION
imprisonment of more than six years; Is there a need to apply for probation to avail of its
b) Those convicted of subversion or any crime against benefits?
the national security or the public order; Yes, it will not be granted except upon the application by
c) Those who have previously been convicted by final the accused. The necessity for such application is indicated
judgment of an offense punished by imprisonment of in Sec. 4, PD 968, which states that “the trial court may,
not less than one month and one day and/or fine of not less after it shall have convicted and sentenced a defendant and
than two hundred pesos; upon application by said defendant within the period of
d) Those who have been once on probation under the perfecting an appeal.
provisions of this decree; and
e) Those who are already serving sentence at the NOTA BENE: Under Presidential Decree No. 1990, no
time the substantive provisions of this decree application for probation shall be entertained of granted if
became applicable pursuant to section 33 hereof. the defendant has perfected an appeal from judgment of
conviction. The filing of the application shall be deemed a
The National Probation Office denied petitioners waiver of a right to appeal.
application for probation under Section 9 paragraph (c)
P.D. 968 because a prior conviction was entered against the QUESTIONS
petitioner on June 21, 1995 in Criminal Case No. 94-0199, Is there a form prescribed for the application for probation?
penalizing her with a fine of P4,648.00; there by placing her Yes, it shall be in the form approved be the Secretary of
within the ambit of disqualification from probation under justice as recommended by the Administrator or as may be
Section 9 paragraph (c) of P.D. 968.It is a basic rule of prescribed by the SC
statutory construction that if a statute is clear, plain and What is the effect of filing an application for probation?
free from ambiguity, The court may, upon receipt of the application suspend the
it must be given its literal meaning and applied without execution of sentence imposed in judgment.
any interpretation. Not only that; in the matter of
interpretation of laws on probation, the Court has I. WHERE AND WHEN TO FILE THE PETITION FOR
pronounced that "the policy of liberality of probation PROBATION?
statutes cannot prevail against the categorical provisions of The application for probation shall be filed by
the law."Section 9 paragraph (c) is in clear and plain sentenced or convicted offender whose sentence is not
language, to the effect that a person who was previously more than 6 years imprisonment. It shall be filed with the
convicted by final judgment of an offense punishable by court that tried and sentenced the offender.
imprisonment of not less than one month and one day
and/or a fine of not less than two hundred pesos, is WHERE: A petition for probation shall be filed by the
disqualified from applying for probation. This provision of applicant for probation or the petitioner with the courts
law is definitive and unqualified. There is nothing in Section that tried and sentenced the offender at any time before
9, paragraph (c) which qualifies "previous conviction" as the imprisonment starts.
referring to a conviction for a crime which is entirely
different from that for which the offender is applying for WHEN: Anytime before the offender starts serving his
probation or a crime which arose out of a single act or sentence but within period for perfecting an appeal or
transaction as petitioner would have the court to fifteen (15) days from the promulgation or notice of the
understand. It is well-settled that the probation law is not a judgment of conviction.

Crim.
days from receipt of the court’s order. However, the

However, under Section 42 of R.A. 9344, the Juvenile court may in its discretion extend the 60 days period.
Justice and Welfare Act of 2006, the court may, after it shall Only thereafter shall the court resolve the application,
have sentenced a Child In Conflict with the Law and upon an outright denial by the court is a nullity correctable
application at anytime placed the child on probation in lieu by certiorari. (De Luna vs. Hon. Medina, CA 78 D.G. 599;
of service of his sentence. Del Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983)
II. PROCEDURE UNDER PD NO. 968 – Probation and To summarize, the following are the procedures in
Parole Flow Chart – See Appendix Applying for Probation:
The following are the procedure in the application for
probation: 1 The offender or his counsel files a petition with the
convicting court within 15 days from promulgation of
1. The defendant must file a petition before the trial judgment.
court which exercise jurisdiction over his case; an
application for probation after he has been sentenced 2 The court determines convict qualifications and
but before he begins to serve the sentence. There are notifies the prosecutor of the filing of the petition
two forms of petition: WRITTEN and ORAL.
NOTA BENE: But for purposes of recording, application 3 The prosecutor submits his comments on such
made orally should be reduced into writing. application within 10 days from receipt of the
notification.
2. If the defendant has been convicted and has appealed
the sentence of conviction, an application for 4 If petitioner is qualified, his application is referred to
probation cannot be entertained. As a general rule, No the probation officer for post-sentence investigation
application for probation shall be entertained or
granted if the defendant has perfected an appeal from 5 The post-sentence investigation report (PSIR) is
the judgment or conviction. submitted by the probation officer to the court within
NOTA BENE: Filing an application shall be deemed a 60 days
waiver of the right to appeal.
6 Pending investigation and resolution, accused may be
QUESTION temporarily released (if there is already a bail, then on
What then is the duty of the court after Receipt of the same bail)
application? The trial court may notify the concerned
prosecuting officer of the application at a reasonable time 7 The court grants or denies the petition for probation
before the scheduled hearing thereof. within 15 days upon receipt of the PSIR.
3. Notice to the prosecuting officer: The prosecuting NOTA BENE:

officer concerned shall be notified by the court of the
 If the accused is convicted and sentenced to multiple
filing of such application. The prosecuting officer must
penalties, the periods are not added up. Only the
submit his comment on such application within 10 days
maximum shall be considered.
from receipt of the notification
 Once probation period is terminated, the accused is
restored to all his civil rights lost or suspended.
4. Referral to probation office: If the court finds that the
III. REQUISITES BEFORE AN OFFENDER CAN BE PLACED
petition is in due form and that the petitioner appears
ON PROBATION
not to be disqualified for the grant of probation. The
1. A post sentence investigation by the officer;
probation should be entertained by the court by
2. A determination by the court that the end of
ordering the probation officer to conduct an
justice will be served and the best interest of the
investigation (PSI) of the offender provided he is not
public and that of the offender will be served
disqualified under the decree.
thereby.
While it is discretionary with the court to grant or
The probation officer shall submit to the court within
deny an applicant for probation, the Probation Law
60 days from receipt of the order the investigation report
requires that an investigation be first conducted by the
on the offender, the petition for probation shall be resolved
probation officer who shall submit his report within 60

Crim.
by the court within 15 days from receipt of report. applicant's place to schedule an initial interview at the
Probation order unless otherwise provided takes effects Probation Office.
upon its issuance, the order granting or denying the During such initial interview, the Probation Officer on
probation is not appealable. case or CPPO shall require the applicant to accomplish and
sign a Post-Sentence Investigation Work Sheet (PPA
Form1). The investigating Probation Officer on case or CPPO
D. POST SENTENCE INVESTIGATION shall conduct further investigation based on the
(PSI) AND POST SENTENCE information contained therein.
A Waiver-Cum-Authorization (PPA Form 2), authorizing
INVESTIGATION REPORT (PSIR) the PPA and/or Probation Office to secure any and all
(SECTION 5, PD 968) information on the applicant, shall be duly executed and
signed by him.
Under Section 5 of PD 968, no person shall be placed
Section 17. Collateral Information. - During the conduct of
on probation except upon prior investigation by the
the PSI, collateral information
probation officer and a determination by the court that the
must be gathered from those persons who have direct
ends of justice and the best interest of the public as well as
personal knowledge of the applicant, offended party,
that of the defendant will be served thereby.
family member, and/or their relatives, including barangay
officials and disinterested persons.
QUESTION
What is post sentence investigation?
Section 18. Subsequent or Further Interviews. - To obtain
An investigation conducted by a probation agency or other
additional data, counter
designated authority at the request of a court into the past
check, or clarify discrepancy/ies between the information
behavior, family circumstances, and personality of an adult
received from the applicant and those secured from other
who has been convicted of a crime, to assist the court in
sources, the Investigating Probation Officer on case or
determining the most appropriate sentence.
CPPO may conduct subsequent or further interviews on the
It refers to the investigation conducted by a probation
applicant and/or other persons as deemed appropriate.
officer to obtain information regarding petitioner’s
character, antecedents, environment, mental and physical
Section 19. Nature of Interview. - The data and information
condition with the aim of determining whether the latter is
gathered from the interview of the applicant and/or other
qualified and suitable for released under probation.
persons and from other collateral informants, as well as law
enforcement agencies, shall be strictly privileged and
A. ASSIGNMENTS AND INITIAL INTERVIEW WORK SHEET
confidential in nature. During such interview and
information-gathering processes, the applicant does not
PAROLE AND PROBATION ADMINISTRATION OMNIBUS
necessarily need to be represented and assisted by counsel.
RULES ON PROBATION METHODS AND PROCEDURE.
Section 20. Confidentiality of Post-Sentence Investigation
Section 14. Assignment. - After receipt from the Trial Court,
Information. – The investigating Probation and Parole
the City or Provincial Parole and Probation Office
Officer on case or CPPO shall inform the applicant of the
concerned, through the CPPO shall assign the same to the
confidential nature of the information taken during the PSI
office clerk for docketing and eventual assignment to a
and the limited scope and extent, whereby said
subordinate investigating Probation Officer for the conduct
information, may be disclosed only to some statutorily
of the PSI or conduct such investigation himself.
designated authorities and entities pursuant to Section 17
of PD 968, as amended, and Section 64 of these Rules.
Section 15. Initial Interview Work Sheet: Waiver. –
Within five (5) working days from receipt of said
NOTA BENE: Information shall be privileged and shall not
delegated assignment (or self -assignment), the
be revealed directly or indirectly except to (a) Probation
investigating Probation Officer on case (or Chief Probation
Administration (b) the court concerned. A violation of
and Parole Officer) shall initially interview the applicant if he
confidential nature of probation records is an offense.
appeared in the Probation Office upon response to the
Penalty is imprisonment from 6 months and 1 day1 to 6
seventy-two (72) hours limitation given to him by the Trial
years and fine from P600 to P6, 000.
Court. If not, the Probation Officer on case may write the
applicant in his court given address, or personally visit
Crim.
Section. 21. Absconding Applicant. – If the applicant whose 2. INITIAL INTERVIEW - within 5 working days from
application for probation has been given due course by the receipt of the court order, the probation officer
proper court has failed to present himself/herself to the assigned shall interview the petitioner. In the said
proper Office within seventy-two (72) hours from his/her interview, the probation officer shall require the
receipt of the Probation Order or within reasonable time petitioner to accomplish under oath a worksheet (P.A.
therefrom, said Office shall first exert best diligent efforts form no. 1) the information contained in the worksheet
to inquire on, search, find and locate his/her whereabouts shall serve as the basis of further investigation. The
before it shall report such fact with appropriate petitioner shall also sign a waiver (P.A. form no. 2)
recommendation to the proper court, considering the authorizing the probation administration to secure any
surrounding circumstances of place, date and time, his/her and all pertinent documents and information.
health condition and other related factors.
3. INVESTIGATION - upon completion of the worksheet,
B. SCOPE AND EXTENT the probation officer shall conduct a thorough
Section 16 of Parole and probation administration investigation on the antecedents, mental and physical
omnibus rules on probation methods and procedure. condition, character, and socio economic status of the
Scope and Extent. - After accomplishing the Post-Sentence petitioner. For collateral information, person who has
Investigation Work Sheet and the Waiver-Cum- knowledge of the petitioner, of the victim and or the
Authorization, the same shall be immediately submitted to relatives shall be interviewed. The probation officer
the Probation Office. The investigating Probation Officer on shall determine and recommend the manner by which
case or CPPO shall conduct a thorough investigation on the the petitioner will be supervised if granted probation.
antecedents, mental and physical condition, character,
socio-economic status, and criminal records, if any, of the NOTA BENE: Information gathered from the interview of
applicant and the institutional and community resources petitioner and the collateral information sources shall be
available for his rehabilitation. confidential in nature.
In case applicant has a criminal record(s), such should be
verified with the proper Government agency as to its
disposition/resolution which has/have to be properly 4. ISSUANCE OF POST-SENTENCE INVESTIGATION (PSI)
reflected in the PSIR. REPORT -upon the completion of the post-sentence
For the sake of obtaining additional information or investigation, the probation of officer shall submit a
clarify conflicting data, the investigating Probation Officers post-sentence investigation report (P.A. form no. 3) to
on case may conduct further investigation and interview to the trial court within the prescribed period.
avoid discrepancies of facts/information.
The investigating Probation Officer on case or CPPO The report shall be sign by the investigating probation
shall assess and recommend or prescribe the suitable officer and approved by the head of the probation
probation treatment and supervision program upon the office.
applicant, if granted probation.
QUESTION
C. FORMS OF PSI (SECTION 6, PD 968) Is the petitioner had Right to Counsel During the post-
Section 6 of PD 968 - The investigation report to be sentence investigation and covered by Republic Act No.
submitted by the probation officer under Section 5 hereof 7438?
shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice. During the post-sentence investigation petitioner had no
Right to Counsel. The probation law has no provision
D. STAGE OF POST-SENTENCE INVESTIGATION guaranteeing the right to counsel in the investigation of a
The following are the stage of post investigation: petitioner. The constitutional guarantee of right to counsel
will not apply because the investigation by the probation
1. PRELIMINARY PROCEDURE - The probation officer officer is neither prosecutory nor accusatory in character.
upon receipt of the order from the court shall assign Further petitioner as well is not covered by Republic Act No.
the same to a probation officer to conduct the post- 7438 providing right of the accused during custodial
sentence investigation. investigation.
E. POST SENTENCE INVESTIGATION REPORT (PSIR)

Crim.
Post sentence investigation report is refers to the community if unable to file a bond - In case NO BAIL was
report submitted by a probation officer within 60 days from filed or that defendant is incapable of filing one, court may
receipt of the order of said court to conduct the allow the release of defendant on RECOGNIZANCE to the
investigation containing his/her recommendation in the custody of a responsible member of the community who
grant or denial of the application for probation. shall guarantee his appearance whenever required by the
court (sec. 21, rule 114-Rules on Criminal Procedure)
F. PURPOSE OF POST SENTENCE INVESTIGATION
REPORT Pending submission of the investigation report and the
Section 23 of Parole and probation administration resolution of the petition, the defendant may be allowed
omnibus rules on probation methods and procedure. - The on temporary liberty under his bail filed in the criminal case;
PSIR aims to enable the Trial Court to determine whether or Provided, That, in case where no bail was filed or that the
not the ends of justice and the best interest of the public defendant is incapable of filing one, the court may allow
primarily, as well as that of the applicant, would be served by the release of the defendant on recognize the custody of a
the grant or denial of the application. responsible member of the community who shall guarantee
his appearance whenever required by the court.
G. NATURE OF THE RECOMMENDATION
Section 25 of Parole and probation administration J. CONTENTS OF PSIR (SECTION 24 OF PAROLE AND
omnibus rules on probation methods and procedure - The PROBATION ADMINISTRATION OMNIBUS RULES ON
nature of the recommendation for the grant or denial of PROBATION METHODS AND PROCEDURE)
probation in the PSIR report is merely PERSUASIVE IN a. The circumstances surrounding the crime or
NATURE addressed to the sound discretion of the Trial Court offense for which the applicant was convicted and
considering that the denial or grant of probation is a judicial sentenced, taken from the applicant himself,
function. offended party and others, who might have
knowledge of the commission of the crime or
H. SIGNATORIES offense, and pertinent information taken from the
Section 25 of Parole and probation administration police and other law enforcement agencies, if any,
omnibus rules on probation methods and procedure - The and Trial Court records;
PSIR shall, as a rule be prepared by the investigating b. Details of other criminal records, if any;
Probation Officer on case and approved by the CPPO. Both c. Personal circumstances, educational, economic
shall initial each and all the pages thereof, except the last and socio-civic data and information about the
page on which they shall affix their respective signatures. applicant;
d. Characteristics of applicant, employable skills,
I. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT employment history, collateral information;
(SECTION 7, PD 968) e. Evaluation and analysis of the applicant's suitability
Section 7 of PD 968 - The probation officer shall submit and legal capacity for probation and his potential
to the court the investigation report on a defendant not for rehabilitation, reform, development,
later than sixty days from receipt of the order of said court transformation and re-integration into the
to conduct the investigation. The court shall resolve the community;
petition for probation not later than five days after receipt f. Recommendation to: (A) grant the application,
of said report. including probation period, probation conditions
and probation treatment and supervision
QUESTION plan/program; or (B) deny the application;
Can the offender be released while his application for g. Data and information on the applicant's financial
probation is pending? condition and capacity to pay, his civil liability, if
Yes, at the discretion of the court. Pending submission of any;
the PSIR and the resolution of the petition for probation, h. Results of findings of drug, psychological and
the defendant may be ALLOWED temporary liberty or clinical tests conducted, if any;
released by virtue of BAIL. i. Results of criminal records, if any, whether decided
a. On the same bond he filed during the trial in the or still pending
criminal case, j. Furnished by various law enforcement agencies
b. On a new bond or tapped by the Probation Office for such purpose;
To the custody of a responsible member of the

Crim.
k. Result(s) of courtesy investigation, whether If the court grants probation – the court imposes
GCI/FBCI or PGCI (See Sec. 27 of these Rules), if condition that defendant seems to be arbitrary – mental
any, conducted in the birth place or place of origin must he does need instruction.
of applicant especially if he plans to reside thereat
while on probation, if ever his application will be QUESTION
granted; and What is the effect of probation on accessory Penalties?
l. Other analogous and related matters. Accessory penalties are deemed suspended once
probation is granted. (Baclayon vs. Mutia. 129 SCRA, 148)
Others:
a. Psycho- social information regarding the III. EFFECT OF THE GRANT OF PROBATION.
petitioner. Under Section 32 of Parole and Probation Administration
b. Evaluation of petitioner suitability for probation Omnibus Rules on Probation Methods and Procedure the
and his potential for social reintegration into the following are the Effect of the Grant of Probation:
community. (a) Probation is but a mere privilege and as such, its grant or
c. A recommendation to either grant the petition for denial rests solely upon the sound of discretion of the
probation with program of supervision and the Trial Court. After its grant it becomes a statutory right
suggested terms and condition for probation, or and it shall only be canceled or revoked for cause and
deny the petition for probation. after due notice and hearing.
d. Information regarding the petitioner financial (b) The grant of probation has the effect of suspending the
capability to meet or satisfy his civil obligation if execution of sentence. The Trial Court shall order the
any. release of the probationer's cash or property bond upon
To obtain additional data or clarify discrepancies which he was allowed temporary liberty as well as
between the information received from the applicant and release the custodian on ROR from his undertaking.
those secured from other sources, the investigating Upon receipt of the Probation Order granting probation
Probation Officer and/or Chief Parole and Probation Officer the same shall be entered in a Docket Book for proper
may conduct such subsequent or further interviews on the recording.
applicant and/or other persons as may be deemed proper An order of denial shall be docketed as well.
and necessary
IV. EFFECTIVITY OF THE PROBATION ORDER (SECTION 11,
E. RESOLUTION AND GRANT OF THE PD NO. 968)
Under Section 11 of PD 968 , a probation order shall take
PETITION FOR PROBATION 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
I. PERIOD TO RESOLVE THE APPLICATION FOR prescribed in the said order or his commission of another
PROBATION offense, he shall serve the penalty imposed for the offense
Under Section 31 of Parole and Probation Administration under which he was placed on probation.
Omnibus Rules on Probation Methods and Procedure. The A probation order shall take effect upon its receipt by
application for probation shall be resolved by the Trial Court the petitioner, and on the same date the probation period
not later than fifteen (15) days from the date of its receipt of shall commence, unless otherwise specified by the court.
the PSIR. Since probation is privilege, its grant rest solely Upon the issuance of the probation order, the court
upon the discretion of the court. Therefore court may grant shall inform the probationer of the consequences thereof
or dismiss it. and explain upon his failure to comply with any of the
conditions in the said order, or his commission of another
II. GRANT OF THE PETITION offense, he shall serve the sentence originally imposed for
Once probation is granted, the execution of sentence the offense for which he was placed on probation.
will be suspended. The court if grants the petition will In addition Section 33 of Parole and Probation
issue the appropriate Probation Order and the petitioner Administration Omnibus Rules on Probation Methods and
will be release to the community subject however to the Procedure states that a probation order shall take effect
terms and condition imposed by the court, with the upon its issuance, at which time the court shall inform the
supervision of probation officer. offender of the consequence thereat and explain that upon
his failure to comply with any of the conditions prescribed

Crim.
in the said order or his commission of another offense defendant on probation for such period and upon such terms
under which he was placed on probation. and conditions as it may deem best; Provided, That no
application for probation shall be entertained or granted if
V. DEFENDANT MAY REJECT GRANT OF PROBATION the defendant has perfected the appeal from the judgment
The law does not oblige the defendant to accept the of conviction. Probation may be granted whether the
probation granted by the court. He should, indeed, be sentence imposes a term of imprisonment or a fine only. An
allowed to turn down the same grant especially since he application for probation shall be filed with the trial court.
might feel that the terms and conditions thereof are too The filing of the application shall be deemed a waiver of the
onerous (burdensome) for him. right to appeal. An order granting or denying probation shall
not be appealable.
VI. EFFECT OF DISMISSAL OF THE PETITION Relying solely on the letter of the law, the filing of the
What will happen if the application for probation is application for probation should be deemed a waiver of the
denied? right to appeal. However, in the case of Budlong v.
The offender will be sent by the sentencing court to prison Apalisok, we had occasion to rule that the above provision
to serve his sentence. of the Probation Law clearly provides only for the
suspension of the sentence imposed on the accused by
NOTA BENE: AS A GENERAL RULE THE GRANT OR virtue of his application for probation. It has absolutely no
DENIAL OF PROBATION IS NOT APPEALABLE. However a bearing on civil liability. This ruling was clarified in Salgado
Certiorari may lie on the ground of Grave abuse of v. Court of Appeals, wherein we ruled that, although the
discretion – certiorari – not on appeal. Here he does not execution of sentence is suspended by the grant of
question the finding of facts of the trial court but only the probation, it does not follow that the civil liability of the
reasonableness of the order based therein. offender, if any, is extinguished.
Neither the prosecution nor defendant may ask as a The Probation Law prohibits a judge from entertaining
matter of right seek review by superior court of the order or granting an application for probation if the defendant
of the trial court or before the superior court the findings of has perfected an appeal from the judgment of conviction.
facts of the trial court. The fact of conviction most certainly refers to the
criminal liability of the accused, as a result of a finding made
EFREN SALVAN vs. THE PEOPLE OF THE PHILIPPINES by a judge that he is guilty of the crime charged. However,
G.R. No. 153845. September 11, 2003 the appeal in this case involved only the civil aspect of the
trial courts judgment. Hence, we see no reason why,
FACTS: Efren Salvan, a bus driver, was convicted of reckless between the conjoined criminal and civil aspects of a
imprudence resulting in homicide for the death of John felony, a line cannot be drawn marking where the one
Barry Abogado. He filed a motion for partial springs from the other. Even if by definition civil liability ex
reconsideration, which was later denied, and an application delict arises from the criminal act, once its existence is
for probation. He then filed a notice of partial appeal which established, it should be treated separately from the
was denied for the reason that the application for criminal liability. Indeed there is even categorical statutory
probation is deemed under the law to be a waiver of the basis to state that it subsists despite the extinguishment of
right to appeal. the criminal liability from which it arose. This was the
finding in Budlongv. Apalisok and Salgado v. Court of Appeals.
ISSUE: Whether or not the denial or approval of probation Thus, we rule that, in an appeal from a judgment of
is appealable. conviction, the criminal liability and the civil liability ex
delicto should be considered independently, each with its
HELD: We recall that the law which governs all matters own corresponding effects. In the present case, the law
relating to probation is Presidential Decree No. 968, that bars an appeal of the judgment of conviction, as well
commonly known as the Probation Law, as amended by as its corresponding criminal liability, should not bar an
Presidential Decree No. 1990. The provision of the law that appeal of the civilaspect of the same judgment.
is pertinent to the current controversy reads:
Sec. 4. Grant of Probation. Subject to the provisions of VII. INDEMNIFICATION
this Decree, the trial court may, after it shall have convicted Section 37. Indemnification of Parole and Probation
and sentenced a defendant, and upon application by said Administration Omnibus Rules on Probation Methods and
defendant within the period for perfecting an appeal, Procedure. –Payment for civil liability shall be done using the
suspend the execution of the sentence and place the following modes:

Crim.
(a) Payment can be given to the Clerk of Court of the Trial Order and the prescribed probation treatment and
Court, who will in return hand over the sum to the victim supervision program/plan;
who shall issue a corresponding receipt; a copy of which (b) To manage the process of the probationer's
should be given by the probationer to the Probation rehabilitation and re-integration into the
Office in order to monitor such payment; community; and
(b) Payment may be deposited by the probationer to the (c) To provide guidance for the probationer's
victim’s account where the bankbook is kept at the transformation and development into a useful
Probation Office to be given to the victim for his proper citizen for his eventual reintegration to the
disposition; mainstream of society.
(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.
G. CHANGE OF RESIDENCE AND
Further, that the practice of giving the payment to the OUTSIDE TRAVEL
Supervising Probation Officer on case (or the CPPO) to be
remitted to the victim, although with receipts, should be I. CHANGE OF RESIDENCE
highly discourage and discontinued outrightly. Section 42 Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
F. CONTROL AND SUPERVISION OF Change of Residence: Transfer of Supervision. –
(a) A Probationer may file a Request for Change of
PROBATIONERS (SECTION 13, PD Residence (PPA Form 24) with the City or Provincial
Parole and Probation Office, citing the reason(s)
968) therefore this request shall be submitted by the
Under Section 13 of PD 968, the probationer and his Supervising Probation Office for the approval of the
probation program shall be under the control of the court Trial Court.
who placed him on probation subject to actual supervision (b) In the event of such approval, the supervision and
and visitation by a probation officer. Whenever a probationer control over the probationer shall be transferred to
is permitted to reside in a place under the jurisdiction of the concerned Executive Judge of the RTC, having
another court, control over him shall be transferred to the jurisdiction and control over said probationer, and
Executive Judge of the Court of First Instance of that place, under the supervision of the City or Provincial Parole
and in such a case, a copy of the probation order, the and Probation Office in the place to which he
investigation report and other pertinent records shall be transferred.
furnished said Executive Judge. Thereafter, the Executive Thereafter, the Executive Judge of the RTC to whom
Judge to whom jurisdiction over the probationer is jurisdiction over the probationer is transferred shall have the
transferred shall have the power with respect to him that jurisdiction and control with respect to him which was
was previously possessed by the court which granted the previously possessed by the Court which granted probation.
probation. The receiving City or Provincial and Parole and Probation
Probationers report to their Probation Officer as often Office and the receiving court shall be duly furnished each
as indicated in the conditions of probation. The probation with copies of the pertinent Probation Order, PSIR (PPA
officer sees to it that the conditions of probation as given Form 3), and other investigation and supervision records by
by the court are followed. Probationers are helped to the sending Probation Office for purposes and in aid of
developed themselves, to learn skills if they do not have continuing effective probation supervision treatment over
any, and to be gainfully employed so they can be useful said probationer.
members of the society. House visits and follow-up in their
places of work may be done if needed. The probation II. OUTSIDE TRAVEL
officer makes regular reports about the probationer to the Section 41 of Parole and Probation Administration
court. Omnibus Rules on Probation Methods and Procedure.
Under Section 38 of Parole and Probation Purpose. Outside Travel. –
Administration Omnibus Rules on Probation Methods and (a) A Probation Officer may authorize a probationer to
Procedure the following are the primary purposes of travel outside his area of operational/territorial
probation supervision are: jurisdiction for a period of more than ten (10) days but
(a) To ensure the probationer's compliance with the not exceeding thirty (30) days.
probation conditions specified in the Probation

Crim.
(b) A Probationer who seeks to travel for up to thirty (30) (1) An approved overseas job contract or any other
days outside the operational/territorial jurisdiction of the similar documents; or
Probation Office shall file at least five (5) days before the (2) An approved application for scholarship,
intended travel schedule a Request for Outside Travel observation tour or study grant for a period not
(PPA Form 7) withsaid Office properly recommended by less than six (6) months; or
the Supervising Probation Officer on case and approved (3) An approved application for immigration.
by the CPPO. (4) An approved application to take the Bar and
(c) If the requested outside travel is for more than thirty Board Examinations.
(30) days, said request shall be recommended by the (b) To render public service
CPPO and submitted to the Trial Court for approval. (1) Having been elected to any public office; or
Outside travel for a cumulative duration of more than thirty (2) Having been appointed to any public office.
(30) days within a period of six (6) months shall be Provided, however, that the probationers involved have
considered as a courtesy supervision. fully paid their civil liabilities, if any.
And, that the probationers were not convicted for
offenses involving moral turpitude.
H. EARLY DISCHARGE INCENTIVE Other probationers who have fully cooperated
AND TERMINATION with/participated in the programs of supervision designed
The arrangement takes place when probation is made for their rehabilitation and who are situated under
to pay restitution, reparation and indemnification. In PSIR conditions/circumstances similar in nature to those above-
the recommended payment is that within ½ of term described at the discretion of the proper authorities.
probation – full payment – eligible for consideration for
early termination. I. PERIOD OF PROBATION AND ITS
Section 55 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure. IMPLICATION (Sec. 14 of PD 968)
Coverage. - The following probationers may be
recommended for the early termination of their probation I. PERIOD OF PROBATION
period: a. If the convict is sentenced to a term of
1. Those who are suffering from serious physical and/or imprisonment of NOT MORE THAN ONE (1), the
mental disability such as deaf- mute, the lepers, the period of probation shall NOT EXCEED TWO (2)
crippled, the blind, the senile, the bed-ridden, and the YEARS.
like; b. In all cases, if he is sentenced to MORE THAN ONE
2. Those who do not need further supervision as evidenced (1) YEAR, said period SHALL NOT EXCEED SIX (6)
by the following: YEARS.
(a) Consistent and religious compliance with all the c. When the sentence imposes a FINE ONLY and the
conditions imposed in the order granting probation; offender is made to SERVE SUBSIDIARY
(b) Positive response to the programs of supervision IMPRISONMENT in case of insolvency, the period
designed for their rehabilitation of probation shall NOT BE LESS THAN NOR TWICE
(c) Significant improvements in their social and the total number of days of subsidiary
economic life; imprisonment as computed at the rate established
(d) Absence of any derogatory record while under by the RPC Art. 39.
probation; ART. 39: When the principal penalty imposed be only a
(e) Marked improvement in their outlook in life by fine, the subsidiary imprisonment shall not exceed 6
becoming socially aware and responsible members months if the culprit is executed for grave or less grave
of the family and community; and felony and shall not exceed 15 days for light felony
(f) Significant growth in self-esteem, self-discipline and
self-fulfillment; Provided, that, the probationers NOTA BENE
involved have already served one-third (1/3) of the The period of probation may either be shortened or made
imposed period of probation; and provided further, longer, but not to exceed the period set in law.
that, in no case shall the actual supervision period be When the period of probation is no longer necessary as
less than six (6) months. the probationer is believed no longer a threat to society
3. Those who have: and has satisfactorily reintegrated him into society. The
(a) To travel abroad due to any of the following: period maybe shortened. But if there a need for the

Crim.
protection of society and adjustment of probation said –

longer but not beyond 2 and 6 years. II. OPTIONAL/DISCRETIONARY OR OTHER CONDITIONS
The Probation Order may also require the probationer
II. IMPLICATION OF THE PROBATION PERIOD: Both In in appropriate cases to:
Maximum Level 1. Cooperate with a program of supervisor;
1. Minimum period of probation is left to discretion 2. Meet his family responsibilities
of courts 3. Devote himself to a specific employment and not
2. Court may set a straight period of probation to change said employment without prior written
anywhere within the range and limit set by approval of the probation officer;
law 4. Comply with a program of payment of civil liability
3. The court may order an indeterminate period with to the victim of his heirs;
minimum and maximum period. 5. Undergo medical, psychological or psychiatric
The determination of the term for probation can examination and treatment and/or enter and
readily be seen to present itself as new sentencing problem remain in specific institution, when required for
to the trial court when viewed in terms of probation goal. that purpose;
The imposition of the right length of time that promises 6. Pursue a prescribed secular study or vocational
society maximum protection and the offender the best training;
possible chance of rehabilitation. 7. Attend or reside in a facility established for
SOLUTION: The strategy is the Utilization of the Post instruction or reaction of persons on probation;
Sentence Investigation Report which furnishes him a good 8. Refrain from visiting houses of ill-repute;
picture of the prisoner and the forces and circumstances 9. Abstain from drinking intoxicating beverages to
that led him to crime. excess;
10. Permit the probation officer or unauthorized social
worker to visit his home and place of work;
J. CONDITIONS IN THE GRANT OF 11. Reside at premises approved by the court and not
PROBATION AND ITS to change his residence without prior written
approval; and
CONSEQUENCE IF VIOLATED 12. Satisfy any other condition related to the
(SECTION 10, PD 968) rehabilitation of the probationer and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
QUESTION
What are the rights and duties of the probationer? BACLAYON vs. MUTIA;
When Probation is granted, what conditions does the G.R. No. L-59298 April 30, 1984
court impose?
Stated Ruling:
1. The probationer must present himself to his The condition that petitioner should "refrain from
Probation Officer within seventy-two (72) hours; continuing her teaching profession is an invalid condition.
2. Report to his Probation Officer in-charge of his If probation is granted, the imposition of her sentence of
supervision at least once a month; imprisonment was thereby suspended and necessarily, the
3. Not to commit any offense; imposition of the accessory penalties was likewise thereby
4. Comply with any other conditions imposed by the suspended.
court. Probation is not a sentence.
Facts:
I. MANDATORY OR BUILT IN CONDITIONS Petitioner, a school teacher convicted of the crime of
The two Mandatory Conditions of Probation Serious Oral Defamation for having quarreled with and
1. To present himself to the Probation Officer uttered insulting and defamatory words against Remedios
concerned for supervision within 72 hours from Estillore, principal of the Plaridel Central School. Her
receipt of said order; and conviction was affirmed by the appellate court, taking into
2. To report to the Probation Officer at least once a account the aggravating circumstance of disregard of the
month during the period of probation. respect due the offended party on account of her rank and

Crim.
age and the fact that the crime was committed in the office however, be borne in mind that the special or discretionary
of the complainant. She was sentenced to one year, 8 conditions of probation should be realistic, purposive and
months, 21 days of arresto mayor in its maximum period to geared to help the probationer develop into a law-abiding
2 years and 4 months of prision correccional in its minimum and self-respecting individual Conditions should be
period. interpreted with flexibility in their application and each case
The petitioner applied for probation with respondent should be judged on its own merits — on the basis of the
judge who referred the application to a Probation Officer. problems, needs and capacity of the probationer. The very
The Post-Sentence Investigation Report favorably liberality of the probation should not be made a tool by trial
recommended the granting of petitioner's probation for a courts to stipulate instead unrealistic terms.
period of three (3) years. Petitioner is a teacher and teaching is the only
The respondent Judge issued an order granting profession she knows and as such she possesses special
petitioner's probation, but modified the Probation Officer's skills and qualifications. To order the petitioner to refrain
recommendation by increasing the period of probation to from teaching would deprive the students and the school in
five (5) years and by imposing the 10 conditions: general the benefits that may be derived from her training
However the petitioner's prays for the deletion of the and expertise.
last condition that petitioner should "refrain from While it is true that probation is a mere privilege and its
continuing her teaching profession." The petitioner grant rests solely upon the discretion of the court, this
submits that said condition is detrimental and prejudicial to discretion is to be exercised primarily for the benefit of
her rights as well as not in accordance with the purposes, organized society and only incidentally for the benefit of
objectives and benefits of the probation law. the accused. Equal regard to the demands of justice and
public interest must be observed. In this case, teaching has
Issue: been the lifetime and only calling and profession of
Whether paragraph (h) of the questioned order petitioner. The law requires that she devote herself to a
granting probation which requires that petitioner refrain lawful calling and occupation during probation. Yet, to
from continuing with her teaching profession be deleted. prohibit her from engaging in teaching would practically
prevent her from complying with the terms of the
Held: probation.
YES. Respondents contend that petitioner's final conviction
carries with it the accessory penalties in addition to the
The conditions which trial courts may impose on a principal penalty of imprisonment; and since petitioner was
probationer may be classified into general or mandatory sentenced to arresto mayor in its maximum period to prision
and special or discretionary. correccional in its minimum period, she must likewise suffer
The MANDATORY CONDITIONS, enumerated in Section the accessory penalties of suspension from public office and
10 of the Probation Law, require that the probationer from the right to follow a profession or calling, and that of
should (a) present himself to the probation officer perpetual special disqualification from the right of suffrage.
designated to undertake his supervision at such place as This cannot apply to petitioner, however, because she was
may be specified in the order within 72 hours from receipt granted probation. The imposition of her sentence of
of said order, and (b) report to the probation officer at least imprisonment was thereby suspended and necessarily, the
once a month at such time and place as specified by said imposition of the accessory penalties was likewise thereby
officer. suspended.
SPECIAL OR DISCRETIONARY CONDITIONS are those
additional conditions, listed in the same Section 10 of the
Probation Law, which the courts may additionally impose
on the probationer towards his correction and
K. RULE IN VIOLATION OF
rehabilitation outside of prison. CONDITIONS ITS MODIFICATION
NOTA BENE: The enumeration, however, is not
inclusive. Probation statutes are liberal in character and AND REVOCATION OF
enable courts to designate practically any term it chooses PROBATION
as long as the probationer's constitutional rights are not Section 46 of Parole and Probation Administration
jeopardized. There are innumerable conditions which may Omnibus Rules on Probation Methods and Procedure.
be relevant to the rehabilitation of the probationer when Concept. - A probationer's specific act and/or omission(s)
viewed in their specific individual context. It should, constitutive of a violation of probation condition(s) set forth

Crim.
in the original, modified or revised Probation Order shall be Section 43 of Parole and Probation Administration
reported to the Trial Court, taking into account the totality Omnibus Rules on Probation Methods and Procedure.
of the facts and surrounding circumstances and all possible Absconding Probationer. –
areas of consideration. (a) A probationer who has not reported for initial
supervision within the prescribed period and/or whose
QUESTION whereabouts could not be found, located or determined
What happens to a probationer if conditions of probation despite best diligent efforts within reasonable period of
are violated? time shall be declared by the proper Office as an
The Court may modify the conditions of probation or absconding probationer.
revoke the same. If the violation is serious, the court may Thereafter said Office shall file with the proper court a
order the probationer to serve his prison sentence. The Violation Report (PPA Form 8), containing its findings and
probationer may also be arrested and criminally prosecuted recommendation, duly prepared and signed by the
if the violation is a criminal offense. Supervising Parole and Probation Officer and duly noted by
Any set or commission on the part of the probationer which the Chief Parole and Probation Officer.
is contrary to the terms and conditions specified in the
probation order. II. FACT-FINDING INVESTIGATION.
a. The probation officer investigates the alleged Section 47 of Parole and Probation Administration
violation and it is established, a report is Omnibus Rules on Probation Methods and Procedure. Fact-
submitted to the court. There can be Finding Investigation. - Based on reasonable cause reported
MODIFICATION of condition of probation by the by a reliable informant or on his own findings, the SPPO,
court, depending on the nature and seriousness of SrPPO, PPOII, PPOI concerned or the CPPO himself shall
the violation; conduct or require the Supervising Probation Officer on case
b. There is also the possibility of arrest including to immediately conduct a fact-finding investigation on any
criminal, prosecution of the probationer in the vent alleged or reported violation of probation condition(s) to
of commission of another offense. The determine the veracity and truthfulness of the allegation.
REVOCATION proceeding is summary.
After considering the nature and seriousness of violation III. REPORT: VIOLATION OF CONDITION
court may order ARREST of probation Section 48 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
NOTA BENE: If the court finds the probationer guilty of Report: Violation of Condition. -
serious violation of the conditions of probation he may be (a) After the completion of the fact-finding
ordered to serve the original sentence imposed on him. investigation, the Supervising Probation Officer on
case shall prepare a violation report thereon
IF VIOLATION IS ESTABLISHED- court may revoked or containing his findings and recommendations and
continue with modified conditions submit the same to the CPPO for review and
IF REVOKED- probationer shall serve the sentence originally approval.
imposed. (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
QUESTION within the prescribed period ordered by the Trial
Court or whose whereabouts could not be
If the probationer committed a crime while under ascertained notwithstanding best efforts exerted
probation, what would be the consequences? within a reasonable period of time by the City and
a. The probationer will be arrested for violation of the Provincial Parole and Probation Office shall be
condition of probation immediately reported to the Trial court for
b. Prosecution of the new crime committed appropriate action.
The court will order the serving of the original sentence of (c) Thereafter, said Parole and Probation Office shall
the previous offense file with the trial court a Violation Report (PPA
Form 8), containing its findings and
recommendation, duly prepared and signed by the
I. ABSCONDING PETITIONER SPPO, SrPPO, PPOII, PPOI concerned and duly
noted by the CPPO for the court's resolution.

Crim.
c. It would unduly depreciate the seriousness of the

IV. VIOLATION OR INFRACTION REPORT offense if probation were not revoked.
Infraction Report is refers to the report submitted by
the Probation and Parole Officer on violations committed VI. RULE VII OF THE REVISED RULES ON PROBATION:
by a parolee/pardonee of the conditions of his release on METHODS AND PROCEDURES
parole or conditional pardon while under supervision.
Section 49 of Parole and Probation Administration Sec.35: Methods and Procedures. A violation of probation
Omnibus Rules on Probation Methods and Procedure. - shall be understood to main any act or any omission on the
Violation Report. Its Contents: Signatories and Submission part of the probationer with respect to the terms and
to Trial Court. - The Violation Report shall include, among condition or probation.
others, the following:
1. accurate and complete statement of the facts and SEC. 36 The probation officer shall motu-propio (on his
surrounding circumstances, concluding but not limited own) or upon the report of the probation aide or any other
to the: person conduct a fact finding investigation of any alleged
(a) nature, character and designation of the violation; violation of probation
(b) specific acts and/or omissions constitutive of the
violation; SEC.37 Rule VII of the Revised Rules on Probation. Once
(c) place, date and time of commission or omission; the investigation is completed the probation officer shall
(d) statements or affidavits of apprehending officers report the result of the same to the court.
and offended parties and
(e) other related data and information. SEC.38 Rule VII of the Revised Rules on Probation. The
2. probationer's response, explanation and clarification report of the probation officer to the court (P.A. form no.
duly sworn to before a notary public and other 38) concerning and alleged violation of the condition of
supporting testimonial, documentary and objective probation shall include:
evidence; a. Complete statement of the facts of the alleged
3. findings, assessment and recommendation of the violation including the date, place and
Probation Office. The Violation Report shall be prepared circumstances thereof, statements of victims,
and signed by the SPPO, SrPPO, PPOII or PPOI concerned witnesses and arresting officer if any.
and approved and signed by the CPPO. b. The explanation, if any of the problem for the
alleged violation.
V. STANDARDS IN PROCESSING VIOLATION: c. The recommendation of the probation officer.
It will be appropriate for standards to be formulated as
a guide to probation officer, and court is processing
violation of conditions. In any event, the following:
L. MODIFICATIONS OF CONDITIONS
intermediate steps should be considered as alternative to Under Sec.12 of PD 968, during the period of probation
revocation: the court may upon application of either the probation or
a. A review of the conditions: followed by changes the probation officer revised or modify the condition or
necessary or desirable period of probation. The court shall notify either the
b. A formal or informal conference with probation to probationer or the probation officer of the filing of such
re-emphasize the necessity of compliance with the application so as to give both parties an opportunity to be
conditions and: heard thereon.
c. Formal or informal warning that further violation The court shall inform in writing the probation officer
should resolve to revocation of probation. and probationer of any change in the period or conditions
Revocation followed by imprisonment should be the of probation.
disposition, however, when the court finds on the basis of Whether or not petition has been in violation- there can
the original offense in the intervening conduct of the be change however it is believed that most orders shall be
offender, that: made after violation- if not rejection of probation is
a. Confinement is necessary to protect the public persuasive. Due process must be observed.
from further criminal activity by the offender or An order modifying the period or conditions of
b. The offender is need of correctional treatment probation is NOT APPEALABLE. However certiorari lies on
which can most effectively provided if confined, or the ground of abused of discretion.

Crim.
Section 44 of Parole and Probation Administration Omnibus sentence originally imposed in the judgment of his
Rules on Probation Methods and Procedure. Modification or case for which he applied for probation.
Revision of Probation Conditions. – (a) During the probation (c) A court order modifying the probation conditions as
supervision period, the Trial Court may motu proprio or, in Sec. 44 of these Rules or revoking probationer's
upon motion by the City or Provincial Parole and Probation probation shall not be appealable. However, it may
Office or by the probationer or his lawyer. be correctable by certiorari under the Rules of Court.
Section 45 of Parole and Probation Administration Omnibus RONALD SORIANO vs. COURT OF APPEALS
Rules on Probation Methods and Procedure. Effectivity and G.R. No. 123936: March 4, 1999
Finality of Modified or Revised Probation Order. –(a) The Trial
Court may modify or revise the Probation Order which shall FACTS:
become effectivity and final upon its promulgation and Petitioner Ronald Santiago was convicted of the crime
receipt thereof by the probationer, unless specified of Reckless Imprudence resulting to homicide, serious
otherwise by said Order. physical injuries and damage to property on December 7,
1993.His application for probation was granted on March 8,
1994.On October 4, 1994, the trial court issued an order
M.REVOCATION OF PROBATION declaring petitioner in contempt of court for his failure to
Nobody can discount the probability that probatioern comply with its orders of June 20, 1994 and August 15, 1994.
may not violate the condition of probation what is the The court likewise revoked the grant of probation to
concept of violation of probation. The following are the petitioner and ordered that he be arrested to serve the
two grounds for revocation of probation. sentence originally imposed upon him. According to the
1. Failure to comply with any condition trial court, among the violation committed by petitioner as
2. Commission of another offense regards his probation are his failures to (1) meet his
responsibilities to his family, (2) engage in a specific
QUESTION employment, and (3) cooperate with his program
What constitute commission of another offense or of supervision.
violation of penal law? Is it the act of committing or
perpetrating a crime? Or conviction for the commission of ISSUE:
said offense? Whether or not the petitioner has violated the terms
Supreme Court ruled that a condition violated by the and conditions of his probation warrant its revocation.
pardonee or parolee on judicial condition is not necessary.
Supreme Court revoked probation on the basis of a HELD:
subsequent final judgment without remanding the case to The Solicitor General argues that petitioner has
the probation office. committed violations, thus justifying the trial court's
revocation of the grant of probation. He further points out
that our ruling in Salgado is inapplicable to the case of
NOTA BENA: An order revoking the grant of probation or petitioner since what was involved in Salgado was a
modifying the terms and conditions thereof shall not be program of payment already imposed upon petitioner
appealable. therein. In this case, however, it is petitioner who is being
asked to submit his own program of payment and he had
I. EFFECT OF REVOCATION not submitted any such program.
Under Section 52 of Parole and Probation Petitioner asserts that his non-compliance with the
Administration Omnibus Rules on Probation Methods and orders of the trial court requiring him to submit a program
Procedure the following are the effect of revocation: of payment was not deliberate. To our mind, his refusal to
(a) After a serious violation of a probation condition has comply with said orders cannot be anything but deliberate.
been established in the hearing, the Trial Court may He had notice of both orders, although the notice of the
order the continuance of the probationer's probation order of June 20, 1994 came belatedly. He has, up to this
or modification of his probation conditions or revoke point, refused to comply with the trial court's directive, by
his probation whichever is proper and just under in questioning instead the constitutionality of the
judicial discretion. requirement imposed and harping on his alleged poverty as
(b) If the probation period has been revoked, the Trial the reason for his failure to comply. Contrary to his
Court shall order the probationer to serve the assertion, this requirement is not violative of the equal

Crim.
protection clause of the Constitution. Note that payment of Sec. 11.Effectivity of Probation Order — A probation
the civil liability is not made a condition precedent to order shall take effect upon its issuance, at which time the
probation. If it were, then perhaps there might be some court shall inform the offender of the consequences thereof
basis to petitioner's assertion that only moneyed convicts and explain that upon his failure to comply with any of the
may avail of the benefits of probation. In this case, conditions prescribed in the said order or his commission of
however, petitioner's application for probation had already another offense, he shall serve the penalty imposed for the
been granted. Satisfaction of his civil liability was not made offense under which he was placed
a requirement before he could avail probation, but was a on probation."(Emphasis supplied.)
condition for his continued enjoyment of the same. The trial
court could not have done away with imposing payment of Probation is not an absolute right. It is a mere
civil liability as a condition for probation, as petitioner privilege whose grant rests upon the discretion of the trial
suggests. This is not an arbitrary imposition but one court. Its grant is subject to certain terms and conditions
required by law. It is a consequence of petitioner's having that may be imposed by the trial court. Having the power
been convicted of a crime, and petitioner is bound to satisfy to grant probation, it follows that the trial court also has
this obligation regardless of whether or not he is placed the power to order its revocation in a proper case and
under probation. under appropriate circumstances. Moreover, having
We fail to see why petitioner cannot comply with a admittedly violated the terms and conditions of his
simple order to furnish the trial court with a program of probation, petitioner cannot now assail the revocation of
payment of his civil liability. He may, indeed, be poor, but his probation. Regrettably, he has squandered the
this is precisely the reason why the trial court gave him the opportunity granted him by the trial court to remain
chance to make his own program of payment. Knowing his outside prison bars, and must now suffer the consequences
own financial condition, he is in the best position to of those afore-cited violations.
formulate a program of payment that fits his needs and
capacity. Settled is the rule in this jurisdiction that findings
of fact of the trial court are entitled to great weight, more
N. ARREST OF PROBATIONER;
so when they are affirmed by the Court of Appeals, as in SUBSEQUENT DISPOSITION
this case. Besides, petitioner himself admits in his petition
that he is unemployed and only depends on his parents for (SEC.15,PD NO. 968)
support. He can barely support his family. Petitioner ought After considering the nature and seriousness of
to be reminded of what is incumbent on a probationer, violation court may order arrest of probation. Under Sec.15
including those requirements that the trial court may set. of PD No. 968, at any time during probation, the court may
As Section 10 of the Probation Law states: issue a warrant for the arrest of a probationer for violation
Sec. 10. Conditions of Probation.—. . .The court may of any of the conditions of probation. The probationer,
also require the probationer to:(a) Cooperate with a once arrested and detained, shall immediately be brought
program of supervision;(b) Meet his family responsibilities; before the court for a hearing, which may be informal and
(c) Devote himself to a specific employment and not to summary, of the violation charged. The defendant may be
change said employment without the prior written approval admitted to bail pending such hearing. In such a case, the
of the probation officer xxx xxx xxx(e) Pursue a prescribed provisions regarding release on bail of persons charged
secular study or vocational training; Clearly, these with a crime shall be applicable to probationers arrested
conditions are not whims of the trial court but are under this provision. If the violation is established, the court
requirements laid down by statute. They are among the may revoke or continue his probation and modify the
conditions that the trial court is empowered to impose and conditions thereof. If revoked, the court shall order the
the petitioner, as probationer, is required to follow. Only by probationer to serve the sentence originally imposed. An
satisfying these conditions may the purposes of probation order revoking the grant of probation or modifying the
be fulfilled. These include promoting the correction and terms and conditions thereof shall not be appealable.
rehabilitation of an offender by providing him with
individualized treatment, and providing an opportunity for Section 50 of Parole and Probation Administration
the reformation of a penitent offender which might be less Omnibus Rules on Probation Methods and Procedure. -
probable if he were to serve a prison sentence. Failure to Violation Report. It’s Contents: Arrest of Erring
comply will result in the revocation of the order granting Probationer. - After having duly considered the nature and
probation, pursuant to the Probation Law: gravity of such reported violation based on the submitted
Violation Report, the Trial Court may issue a warrant for the

Crim.
arrest of the probationer for serious violation of his 2. disclosure of evidence against probation
probation condition. 3. opportunity to be heard and to present witnesses
and document evidence
QUESTION 4. the right confronts and cross-examines adverse
May the arrested of probationer admitted to bail? witnesses
5. a written statement of the fact finder as to the
YES, The defendant may be admitted to bail pending such evidence relied and reason for revocation
hearing. In such a case, the provisions regarding release on (decision)
bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. O. TERMINATION AND CLOSING OF
I. HEARING OF THE VIOLATION PROBATION CASE (SECTION 16,
Informal and summary - Probation have right to
counsel and given all the opportunities to be heard because
PD 968)
it may lead to revocation and hence imprisonment. Section 16 of PD 968 - After the period of probation
Probation officer- prosecutes but may asked assistance and upon consideration of the report and recommendation
from the prosecutor office in the presentation of evidence. 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.
Omnibus Rules on Probation Methods and Procedure:
The final discharge of the probationer shall operate to
Hearing of the Violation of Probation. - Once arrested and
restore to him all civil rights lost or suspend as a result of
detained, the probationer shall immediately be brought
his conviction and to fully discharge his liability for any fine
before the Trial Court for a hearing of the violation charged.
imposed as to the offense for which probation was
In the hearing which shall be summary in nature, the
granted.
probationer shall have the right to be informed of the
The probationer and the probation officer shall each be
violation charged and to adduce evidence in his favor.
furnished with a copy of such order.
The court shall not be bound by the technical rules of
evidence, but may inform itself of all the facts which are
I. MODES AND GROUNDS OF TERMINATIONS OF THE
material and relevant to ascertain the veracity of the
PROBATION SUPERVISION CASE
charge.
1. The successful completion of program of
The probationer may be admitted to bail pending such
probation.
hearing. In such case, the provisions regarding release on
2. Revocation for cause, or death of the
bail of persons charged with the crime or offense shall be
probationer.
applicable to probationers arrested under this provision.
NOTA BENE: Termination Report - 30 days before the
Parole and Probation Administration Omnibus Rules on
termination period.
Probation Methods and Procedure
Section 53 Right to Counsel. - In the hearing or proceeding
Omnibus Rules on Probation Methods and Procedure: The
for violation of probation conditions, the probationer shall
probation supervision period may be terminated on any of
have the right to counsel of his own choice.
the following grounds:
(a) successful completion of probation;
Section 54. Representation for the State. - For the
(b) probation revocation for cause under Section 49
Prosecution of serious violation of probation condition(s),
(a-c) of these Rules;
during said hearing or proceeding, the State shall be
(c) death of the probationer;
represented by the proper prosecuting officer.
(d) early termination of probation; or
(e) other analogous cause(s) or reason(s) on a case-
II. SAFEGUARD IN PROTECTION OF PROBATION DUE
to-case basis as recommended by the probation
PROCESS
Office and approved by the trial court.
Before probation can revoked, the following may be
required:
1. written notice of the claimed violation

Crim.
Sec 50 of Revised Rules on Probation - After period of Section 62 of Parole and Probation Administration
probation with satisfactory compliance with condition of Omnibus Rules on Probation Methods and Procedure: Final
probation. Discharge. - After expiration of the original or extended
1. Revocation for case (sec. 40) probation period and based on due consideration of the
2. Other ways of terminating of probation: POs final report, the Trial Court may order the final
a. Termination before the expiration of the discharge of the probationer upon finding that he has
period the court may terminate were the ends fulfilled the probation terms and conditions and,
of justice will serve thereby and when the thereupon, the probation supervision case is deemed
good conduct and rehabilitation of the person terminated.
so held on probation shall warrant
termination. Sec 63 of Parole and Probation Administration Omnibus
b. Termination of pardon of probation- absolute Rules on Probation Methods and Procedure: Legal Effect Of
or conditional Discharge
c. Deportation of probation- alien 1. Shall restore to him all civil rights lost or suspended
d. Death of probationer as a result of conviction.
2. Fully discharge his liability for any fine as to the
Sec. 51 of Revised Rules on Probation - At least 30 days offense which probation was granted but not civil
before the expiration of the period of probation or unless liability.
otherwise required by the court, the probation officer shall 3. The probationer and the probation office shall be
submit a final report (Probation Adm. Form no. 9) to the promptly furnished with copies of such
court which shall indicate: It is hereby understood that, the probationer's political
a. The prescribe program of supervision and rights are not lost or suspended even during the probation
response of the probationer to said program period.
b. A recommendation as to whether the probationer
nay be discharge from probation of not. If not BALA vs. MARTINEZ
probation officer may recommend modification of G.R. No. L-67301 January 29, 1990
term.
c. Such other information required by the court. FACTS:
Accused Manuel Bala was found guilty beyond
II. TERMINATION REPORT reasonable doubt of the crime of falsification of a public or
Section 61 of Parole and Probation Administration official document defined and penalized under article 172 of
Omnibus Rules on Probation Methods and Procedure: the Revised Penal Code, without any mitigating or
Termination Report. - The City and Provincial Parole and aggravating circumstances. Applying the Indeterminate
Probation Office shall submit to the Trial Court a Probation Sentence Law, he is hereby sentenced to an indeterminate
Officer’s Final Report (PPA Form 9) thirty (30) days before penalty of not less than 1 year 1 day and not exceeding 3
the expiration of the period of probation embodying, years, 6 months & 21 days of prision correccional. The
among others, the following: petitioner seasonably appealed, but the Court of Appeals,
(a) Brief personal circumstances of the probationer; on April 9, 1980, affirmed in toto the lower court's decision.
(b) Brief criminal circumstances about his case (i.e. After the case had been remanded to the court of
Criminal case number, court, branch, period of origin for execution of judgment, the petitioner applied for
probation, initial and last date of probation) and was granted probation by the respondent judge in his
(c) Prescribed probation treatment and supervision order dated August 11, 1982. The petitioner was then placed
program; under probation for a period of one (1) year, subject to the
(d) Probationer's response to the treatment terms and conditions enumerated therein.
plan/program; By the terms of the petitioner's probation, it should
(e) Recommendation to discharge the probationer have expired on August 10, 1983, one year after the order
from probation and the restoration of all his civil granting the same was issued. But, the order of final
rights. discharge could not be issued because the respondent
Such other relevant and material facts and information probation officer had not yet submitted his final report on
which may be required by the Trial Court. the conduct of his charge.
On December 8, 1983, the respondent People of the
III. FINAL DISCHARGE Philippines, through Assistant City Fiscal Jose D. Cajucom of

Crim.
Manila, filed a motion to revoke the probation of the of the probation officer. Only from such issuance can the
petitioner before Branch XX of the Regional Trial Court case of the probationer be deemed terminated.
(RTC) of Manila, presided over by the respondent judge. The period of probation may either be shortened or
The motion alleged that the petitioner had violated the made longer, but not to exceed the period set in the law.
terms and conditions of his probation. This is so because the period of probation, like the period of
On January 4, 1984, the petitioner filed his opposition incarceration, is deemed the appropriate period for the
to the motion on the ground that he was no longer under rehabilitation of the probationer. In the instant case, a
probation, his probation period having terminated on review of the records compels a revocation of the
August 10, 1983, as previously adverted to. As such, no valid probation without the need of further proceedings in the
reason existed to revoke the same, he contended. trial court which, after all, would only be an exercise in
As if to confirm the Manila Assistant City Fiscal's futility. If we render justice now, why should we allow the
motion to revoke the petitioner's probation, the petitioner to further delay it. Probationer Manuel Bala
respondent probation officer filed on January 6, 1984, a failed to reunite with responsible society. Precisely he was
motion to terminate Manuel Bala's probation, at the same granted probation in order to give him a chance to return
time attaching his progress report on supervision dated to the main stream, to give him hope — hope for self-
January 5, 1984. The same motion, however, became the respect and a better life. Unfortunately, he has continued
subject of a "Manifestation," dated January 10, 1984, which to shun the straight and narrow path. He thus wrecked his
stated that the probation officer was not pursuing the chance. He has not reformed.
motion to terminate dated January 6, 1984; instead, he was A major role is played by the probation officer in the
submitting a supplemental report 7 which recommended release of the probationer because he (probation officer) is
the revocation of probation "in the light of new facts, in the best position to report all information relative to the
information, and evidences." conduct and mental and physical condition of the
probationer in his environment, and the existing
ISSUE: Whether or not Bala is already released from institutional and community resources that he may avail
probation absence of certificate of final discharge and can himself of when necessary. Indeed, it is the probation
the court revoke the probation of latter? officer who primarily undertakes the supervision and
reform of the probationer through a personalized,
HELD: individualized, and community-based rehabilitation
The present law on probation, Presidential Decree program for a specific period of time. On the basis of his
(P.D.) 1990, which amends section 4 of P.D. 968, clearly final report, the court can determine whether or not the
states that "no application for probation shall be probationer may be released from probation.
entertained or granted if the defendant has perfected the We find it reprehensible that the respondent probation
appeal from the judgment of conviction." officer had neglected to submit his report and
However, in the case at bar, P.D. 1990 is inapplicable. recommendation. For, as earlier discussed, without this
P.D. 1990, which went in force on January 15, 1985 cannot report, the trial court could not issue the order of final
be given retroactive effect because it would be prejudicial discharge of the probationer. And it is this order of final
to the accused. discharge which would restore the probationer's
The Court finds no merit in the petition. Probation is suspended civil rights. In the absence of the order of final
revocable before the final discharge of the probationer by discharge, the probation would still subsist, unless
the court, contrary to the petitioner's submission. otherwise revoked for cause and that is precisely what we
Section 16 of PD 968 is clear on this score, after the are going to do. We are revoking his probation for cause.
period of probation and upon consideration of the report The petitioner, by applying for probation and getting it,
and recommendation of the probation officer, the court consented to be emancipated from the yoke if not stigma
may order the final discharge of the probationer upon of a prison sentence, pledging to faithfully comply with the
finding that he has fulfilled the terms and conditions of his conditions of his probation, among which are:
probation and thereupon the case is deemed terminated. xxx
Thus, the expiration of the probation period alone does 4. To be gainfully employed and be a
not automatically terminate probation. Nowhere is the ipso productive member of society;
facto termination of probation found in the provisions of xxx
the probation law. Probation is not coterminous with its 6. To cooperate fully with his program of
period. There must first be issued by the court of an order supervision and rehabilitation that will be
of final discharge based on the report and recommendation prescribed by the Probation Officer.

Crim.
These conditions, as the records show, were not complied modifying the terms and conditions
with. This non-compliance has defeated the very purposes thereof shall not be appealable. 11
of the probation law, to wit: (Emphasis supplied.)
(a) promote the correction and rehabilitation of an The probation having been revoked, it is imperative
offender by providing him with individualized that the probationer be arrested so that he can serve the
treatment; sentence originally imposed. The expiration of the
(b) provide an opportunity for the reformation of a probation period of one year is of no moment, there being
penitent offender which might be less probable if no order of final discharge as yet, as we stressed earlier.
he were to serve a prison sentence; and Neither can there be a deduction of the one year probation
(c) prevent the commission of offenses. period from the penalty of one year and one day to three
By his actuations, probationer-petitioner Manuel V. years, six months, and twenty-one days of imprisonment
Bala has ridiculed the probation program. Instead of because an order placing the defendant on "probation" is
utilizing his temporary liberty to rehabilitate and not a "sentence," but is in effect a suspension of the
reintegrate himself as a productive, law abiding, and imposition of the sentence. It is not a final judgment but an
socially responsible member of society, he continued in his "interlocutory judgment" in the nature of a conditional
wayward ways — falsifying public or official documents. order placing the convicted defendant under the
Specifically, on April 30, 1984, the Regional Trial Court supervision of the court for his reformation, to be followed
of Manila, National Capital Judicial Region, Branch XXX, by a final judgment of discharge, if the conditions of the
convicted the petitioner, along with two other persons, probation are complied with, or by a final judgment if the
under Article 172, in relation to Article 171, of the Revised conditions are violated."
Penal Code, in five separate informations, in Criminal Cases Lastly, probation is a mere privilege. Privilege is a
Nos. 29100, 29101, 29102, 29103, and 29107. The trial court peculiar benefit or immunity conferred by law on a person
imposed upon each of them in all five (5) cases a prison or group of persons, not enjoyed by others or by all; special
term of 2 years of prision correccional, as minimum, to 4 enjoyment of a good or exemption from an evil; it is a
years also of prison correccional, as maximum. On appeal, special prerogative granted by law to some persons. 14
the Court of Appeals affirmed the judgment of the RTC with Accordingly, the grant of probation rests solely upon the
modification by granting restitution of the amounts they discretion of the court. This discretion is to be exercised
collected from the offended private parties. The judgment primarily for the benefit of organized society, and only
has since become final. As a matter of fact, for failure of the incidentally for the benefit of the accused. 15 If the
petitioner to appear for execution of judgment despite probationer has proven to be unrepentant, as in the case of
notice, the trial court ordered the arrest of Manuel Bala on the petitioner, the State is not barred from revoking such a
July 10, 1989. A warrant of arrest against Bala was issued on privilege. Otherwise, the seriousness of the offense is
July 12, 1989 and this warrant has not yet been lessened if probation is not revoked.
implemented because Bala absconded. These facts are In the light of all the foregoing and in the interest of
evident and constitute violations of the conditions of his the expeditious administration of justice, we revoke the
probation. Thus, the revocation of his probation is probation of the petitioner for violations of the conditions
compelling. of his probation, instead of remanding the case to the trial
At any time during the probation, the court and having the parties start all over again in needless
court may issue a warrant for the arrest of protracted proceedings.
a probationer for violation of any of the
conditions of probation. The probationer, IV. CLOSING OF PROBATION CASE
once arrested and detained, shall
immediately be brought before the court REVISED RULES ON PROBATION
for a hearing which may be informal and
summary, of the violation charged. ... If SEC 54 ARCHIVING OF CASE - The probation office shall
the violation is established, the court may formally close the record of probation case upon formal
revoke or continue his probation and receipt of the court order finally discharging the probationer.
modify the conditions thereof. If revoked, Thereafter the case shall be archived- kept for record
the court shall order the probationer to purposes.
serve the sentence originally imposed. An
order revoking the grant of probation or PAROLE AND PROBATION ADMINISTRATION OMNIBUS
RULES ON PROBATION METHODS AND PROCEDURE

Crim.
SECTION 64. POINT IN TIME. - After actual receipt of the 3. Which records are confidential? Investigation
Termination Order finally discharging the probationer, the Report and Supervisory History of Probation.
Probation Office shall formally close the probation case and These are privilege and not accessible except to:
keep clients case file. 1. Probation Administration
2. Court
SECTION 65. MODE. - Immediately after such closure of the 3. Probationer or
probation case, the corresponding probation records shall be 4. His attorney
archived, but not after the proper reporting is done. 5. Government offices or agencies engaged in
the correction and rehabilitation of offender
V. CONFIDENTIALITY OF PROBATION RECORDS
Section 17 of PD 968. Confidentiality of Records. The VI. VIOLATION OF CONFIDENTIALITY
investigation report and the supervision history of a Section 29 of PD 968 – the penalty imposed 6 months
probationer obtained under this Decree shall be privileged and one day to 6 years and fined ranging from 600 to 6000
and shall not be disclosed directly or indirectly to anyone pesos.
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 make 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 57 REVISED RULES ON PROBATION

1. Where it can be found?
a. Court concern
b. Office of the chief provincial probation office
assigned in city or province
c. Copies of this record forwarded to regional
ppo and ppa (Central Office)
2. What are these records?
a. petition for probation
b. order or referral for investigation
c. worksheet, waiver, case presentation, or
classification
d. resolve of record check from courts, barangay,
PNP, as well as Case Management and Records
Division, PPA
e. request for courtesy investigation and its
result
f. Post- Sentence Investigation Report
g. probation order, denying or granting
probation
h. application for modification or revision of
period or condition of probation
i. modification and revision order
j. record of hearing of violation of conditions of
probation
k. revocation or termination order

Crim.
CHAPTER V
THE VOLUNTEER PROBATION AIDES (VPA)
B. VOLUNTEER PROBATION AIDES

CHAPTER CONTENTS
1. Volunteerisms define (VPA) define
2. Volunteer Probation Aides (VPA) define VPA are citizen of good standing in the
3. Qualification of VPA community who are volunteer to assist the parole
4. Appointment and terms of office of VPA and probation officers in the supervision of a
5. Salary of VPA number of probationers, parolees, and pardonees
6. Duties, Function and Responsibilities of VPA in tier respective community.
7. Case load limitation of VPA Since they reside in the same community as
the client, they are able to usher the reformation
SPECIFIC OBJECTIVES and rehabilitation of the clients, ands on.
At the end of this chapter the students should be able to:
1. define Volunteerisms and Volunteer Probation C. LEGAL BASIS
Aides (VPA);
Section 28 of PD 968. Probation Aides. To
2. identify the qualification of VPA;
assist the Provincial or City Probation Officers in
3. discuss the appointment and terms of office of
the supervision of probationers, the Probation
VPA;
Administrator may appoint citizens of good repute
4. enumerate the duties of VPA and its case loads
and probity to act as probation aides.
limitation.
Probation Aides shall not receive any regular
compensation for services except for reasonable
travel allowance. They shall hold office for such
A. VOLUNTEERISMS define period as may be determined by the Probation
Administrator. Their qualifications and maximum
It is a strategy by which the parole and probation
case loads shall be provided in the rules
administration may be able to generate maximum
promulgated pursuant to this Decree.
citizen participation or community involvement in the
overall process of client rehabilitation.
D. QUALIFICATIONS

Crim.
Section 57 of Parole and probation 1. Assist the Probation Officer in supervision of

administration omnibus rules on probation probationer
methods and procedure – 2. Prepare and submit reports and record of his work
a) Must be citizens of good repute and probity. as may be required by probation offices
b) At least 18 years of age on the date of appointment 3. Assist the probation officer in mobilization of
c) At least high school graduates and community support for probation program
d) Preferably residence of the same locality or
community covering the place of residence of the
probationer and/or the CPPOs, SPPOs, and SrPPOs,
H. FUNCTIONS AND
PPOsII, and PPOsI. RESPONSIBILITIES
The functions and responsibilities of a VPA may include:
Other qualification 1. Works in close consultation and coordination with
1. Of sound mind and of good moral character. the chief probation and parole officer (CPPO) and
2. As adequate and stable income and willing to serve supervising officer-on-Case (SOC), who will provide
without any compensation. the needed information about the client including
3. Has no criminal record of conviction, except those the treatment and supervision plan;
who have shown exemplary may therefore be 2. Supervise a maximum of five (5) clients and
considered role model to fellow offenders. thereafter yen (10) clients upon re-appointment
4. Has the time to supervise a maximum of 5 clients. subject to the administrative and technical
supervision by the Chief Parole and Probation
E. APPOINTMENT AND TERMS OF Officer (CPPO);
3. Keeps all information about the clients in strict
OFFICE confidential;
Sec. 58 of Parole and probation administration 4. Performs such other task related to clients
omnibus rules on probation methods and rehabilitation as may be assigned by the CPPO
procedure: from time to time;
a) Probation Aides shall be appointed by the Probation 5. Prepares records of their activities and accomplish
Administrator or through authority delegated to the related reports and prompt submission thereof
Regional Directors within their respective areas of and undertake other related activities; and
responsibility upon the recommendation of the 6. They may be designated to identify, generate, tap
CPPOs. local community resources or conduct such
b) Probation Aides so appointed may hold office during activities on skills training and sports and cultural
good behavior for a period of two (2) years, programs for clients.
renewable at the end of each period; provided, that,
the appointing authority may at any time terminate
the services of Probation Aides for unsatisfactory
I. CASE LOAD
performance for at least two (2) consecutive Sec. 59 of Parole and probation administration
semesters as determined by the proper Offices omnibus rules on probation methods and
and/or for other lawful and valid cause(s). procedure:
Thereafter, his reinstatement shall be determined a) In assigning probation supervision caseload(s) to the
by his display of good behavior as determined by Probation Aides, the Probation Offices shall duly
collateral informants and the appointing authority. consider their respective qualifications, length of
service, work accomplishments, and other related
criteria. And, as to maximum supervision caseload
F. SALARY to be given to them, the Probation Office should,
VPA shall not receive any regular exercise utmost prudence and caution.
compensation but entitled to travel allowances b) The maximum supervision caseloads of a Probation
allowed under existing government rules and Aide at any given time shall be ten (10) probationers
regulation. on minimum case classification or three (3)
probationers on maximum case classification in
addition to other duties.
G. DUTIES OF VPA

Crim.
CHAPTER VI
THE PAROLE AND PROBATION ADMINISTRATION
CHAPTER CONTENTS 3. identify the qualification and duties of the
1. What is parole and probation and parole following:
administration? a. probation administrator;
2. Functions of PPA b. assistant probation administrator;
3. The history and Creation of Probation c. regional probation officer; and
Administration under PD 968 d. provincial and City Probation Officers;
4. Qualification and Powers and Duties of the 4. Draw the Organization Structure of Probation
following: Administration
a. Probation administrator, 5. identify and understand the vision, mission,
b. Assistant probation administrator mandate, goals and organizational values of PPA;
c. Regional probation officer and
d. Provincial and City Probation Officers 6. enumerate and discuss the major rehabilitation
5. The Organization Structure of Probation programs of PPA.
Administration
6. Vision, Mission, Mandate, Goals and
Organizational Values A. WHAT IS PAROLE AND
7. Major Rehabilitation Programs of PPA
PROBATION ADMINISTRATION?
SPECIFIC OBJECTIVES The Parole and Probation Administration (Filipino:
At the end of this chapter the students should be able to: Pangasiwaan ng Parol at Probasyon), abbreviated as PPA, is
1. Define PPA and know its functions an agency of the Philippine government under the
2. discuss the history and creation of probation and Department of Justice responsible for providing a less
parole administration under PD 968; costly alternative to imprisonment of first-time offenders

Crim.
who are likely to respond to individualized community-

based treatment programs. The startup of the probation system in 1976-1977 was a
massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods
B. FUNCTIONS and procedures; administrative and procedural manuals
To carry out these goals, the Agency through its were developed; probation officers recruited and trained,
network of regional and field parole and probation officers and the central agency and probation field offices
performs the following functions: organized throughout the country. Fifteen selected
a. To administer the parole and probation system probation officers were sent to United States for
b. To exercise supervision over parolees, pardonees orientation and training in probation administration. Upon
and probationers their return, they were assigned to train the newly
c. To promote the correction and rehabilitation of recruited probation officers.
criminal offenders. The probation system started to operate on January 3,
1978. As more probation officers were recruited and
C. HISTORY AND THE CREATION OF trained, more field offices were opened. There are at
present 204 field offices spread all over the country,
PROBATION ADMINISTRATION supervised by 15 regional offices.
Probation was first introduced in the Philippines during PAROLE AND PROBATION ADMINISTRATION
the American colonial period (1898–1945) with the PANGASIWAAN NG PAROL AT PROBASYON
enactment of Act No. 4221 of the Philippine Legislature on
August 7, 1935. This law created a Probation Office under Abbreviation PPA-DOJ
the Department of Justice. On November 16, 1937, after
barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional
because of some defects in the law's procedural
framework.
In 1972, House Bill No. 393 was filed in Congress, which
would establish a probation system in the Philippines. This
bill avoided the objectionable features of Act 4221 that
struck down the 1935 law as unconstitutional. The bill was
passed by the House of Representatives, but was pending
Seal of the Parole and Probation Administration
in the Senate when Martial Law was declared and Congress
was abolished.
Agency overview
In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical Formed July 24, 1976
hearings over a period of six months, the draft decree was
presented to a selected group of 369 jurists, penologists, Legal personality Governmental:
civic leaders and social and behavioral scientists and Government agency
practitioners. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country. Jurisdictional structure
On July 24, 1976, Presidential Decree No. 968, also
known as Adult Probation Law of 1976, was signed into Law National agency Philippines
by the President of the Philippines.
General nature  Law enforcement
Section 18 of PD 968. The Probation Administration. There is  Civilian agency
hereby created under the Department of Justice an agency to
be known as the Probation Administration herein referred to Operational structure
as the Administration, which shall exercise general
Headquarters DOJ Agencies Building,
supervision over all probationers.
NIA Road cor. East
The Administration shall have such staff, operating units and
Avenue, Diliman, Quezon
personnel as may be necessary for the proper execution of its
City
functions.

Crim.
Agency executive Manuel G. Co, Under Section 20 of PD 968 there shall be an

Administrator Assistant Probation Administrator who shall assist the
Administrator perform such duties as may be assigned
Parent agency Department of Justice 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
NOTA BENE: Under Executive Order no. 292, entitled “the thirty-six thousand pesos.
Administrative Code of 1987”, promulgated on November
23, 1989, the probation Administration was renamed as QUALIFICATIONS:
“Parole and Probation Administration”. It was given the Under Section 21 of PD 968 to be eligible for
added function of supervising prisoners who, after serving Appointment as Administrator or Assistant Probation
part of their sentence in jails are released on parole or are Administrator one must be:
granted pardon with parole conditions. 1. At least 35 years old
2. Holder of a master degree in criminology,
social work correction, penology, psychology,
D. POWERS AND DUTIES OF sociology, public administration , laws, police
science, police administration or relation field.
OFFICERS OF PROBATION 3. 5 years supervisory experience
ADINISTRATOR 4. Member of BAR with 7 years supervisory
A. PROBATION ADMINISTRATOR
The Administration shall be headed by the Probation C. REGIONAL OFFICE; REGIONAL PROBATION OFFICER.
Administrator, hereinafter referred to as the Under Section 22 of PD 968 the Administration shall
Administrator. have regional offices.
It is appointed by the President of the Philippines. Such regional offices shall be headed by a Regional
He shall hold office during good behavior and shall not Probation Officer.
be removed except for cause. (Section 19 of PD 968:) 1. He shall exercise supervision and control over all
probation officer within his jurisdiction and such
The following are the powers and Duties of Probation duties as may assigned to him by the
Administration under Section 19 of PD 968: Administrator.
(a) Act as the executive officer of the Administration; 2. He shall have an annual salary of at least 24,000
(b) Exercise supervision and control over all probation pesos.
officers; The Regional Probation Officer shall be assisted by an
(c) Make annual reports to the Secretary of Justice, in Assistant Regional Probation Officer with an annual salary
such form as the latter may prescribe, concerning of at least 20,000 pesos
the operation, administration and improvement of N.B. Both were appointed by President of the
the probation system; Philippines upon the recommendation of the Secretary of
(d) Promulgate, subject to the approval of the Justice.
Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation D. PROVINCIAL AND CITY PROBATION OFFICERS.
process; Under Section 22 of PD 968 there shall be at least one
(e) Recommend to the Secretary of Justice the probation officer in each province and city who shall be
appointment of the subordinate personnel of his appointed by the Secretary of Justice upon
Administration and other offices established in this recommendation of the Administrator and in accordance
Decree; and with civil service law and rules.
(f) Generally, perform such duties and exercise such The Provincial or City Probation Officer shall receive an
powers as may be necessary or incidental to annual salary of at least 8,400.
achieve the objectives of this Decree. His duties shall be to:
(a) Investigate all persons referred to him for
B. ASSISTANT PROBATION ADMINISTRATOR investigation by the proper court or the
Administrator;

Crim.
(b) Instruct all probationers under his supervision of necessary to enable them to carry out their duties
that of the probation aide on the terms and effectively.
conditions of their probations;
(c) Keep himself informed of the conduct and
condition of probationers under his charge and use
E. THE ORGANIZATION STRUCTURE
all suitable methods to bring about an OF PROBATION
improvement in their conduct and conditions;
(d) Maintain a detailed record of his work and submit ADMINISTRATION (See
such written reports as may be required by the Appendices)
Administration or the court having jurisdiction over The Probation Administration was created by virtue of
the probationer under his supervision; Presidential Decree No. 968, “The Probation Law of 1976”,
(e) Prepare a list of qualified residents of the province to administer the probation system. Under Executive Order
or city where he is assigned who are willing to act No. 292, “The Administrative Code of 1987” which was
as probation aides; promulgated on November 23, 1989, the Probation
(f) Supervise the training of probation aides and Administration was renamed “Parole and Probation
oversee the latter's supervision of probationers; Administration” and given the added function of
(g) Exercise supervision and control over all field supervising prisoners who, after serving part of their
assistants, probation aides and other personnel; sentence in jails are released on parole pardon with parole
and conditions
(h) Perform such duties as may be assigned by the Effective August 17, 2005, by virtue of a Memorandum
court or the Administration. of Agreement with the Dangerous Drugs Board, the
Administration performs another additional function of
Qualifications of Regional, Assistant Regional, Provincial, investigating and supervising first-time minor drug
and City Probation Officers. (Section 25 of PD 968) offenders who are placed on suspended pursuant to
No person shall be appointed Regional or Assistant Republic Act No. 9165.
Regional or Provincial or City Probation Officer unless: Probation Administration (EO no. 292 Paroles and
1. He possesses at least a bachelor's degree with a Probation Administration) Line Bureau under the DOJ
major in social work, sociology, psychology,
criminology, penology, corrections, police science,
administration, or related fields A. CENTRAL OFFICE
2. He has at least 3 years of experience in work 1. OFFICE OF THE ADMINISTRATOR – It acts as the head
requiring any of the abovementioned disciplines or and the executive officer of the PPA.
3. A member of the Philippine Bar with at least 3 a. Planning staff – Develops plans, programs and
years of supervisory experience. conducts, research towards economical, efficient
and effective operation and implementation of PD
Whenever practicable, the Provincial or City Probation no. 968 as amended.
Officer shall be appointed from among qualified residents b. Technical services - It acts as service arm of the
of the province or city where he will be assigned to work. Board of Pardons and Parole in the supervision of
parolees and pardoness.
E. MISCELLANEOUS POWERS UNDER SECTION 24 OF PD
968. 2. OFFICE OF THE DEPUTY ADMINISTRATOR - One
They shall have the authority within their territorial deputy. Assist the administrator and performs such
jurisdiction to administer oaths and acknowledgments and duties as may be assigned by the administrator.
to take depositions in connection with their duties and
functions under this Decree. They shall also have, with 3. STAFF DIVISION
respect to probationers under their care, the powers of 1. ADMINISTRATIVE DIVISION (AD) – It provides the
police officer. administration with well-planned, directed and
coordinated services relating to personnel,
F. FIELD ASSISTANTS, SUBORDINATE PERSONNEL records, supplies and equipment, disbursement,
Sec. 27. Field Assistants, Subordinate Personnel. — security and janitor/messengerial services and
Provincial or City Probation Officers shall be assisted by public information dissemination.
such field assistants and subordinate personnel as may be 1. Personnel Section

Crim.
2. Public Information Section case management, maintains central files of

3. Records and Mailing Section records of
4. Cash Section petitioners/probationers/parolees/pardonees and
5. Property Section establishes linkages with criminal justice pillars for
6. General Services Section improvement of case load management.
2. FINANCIAL MANAGEMENT DIVISION (FMD) - It 7. CLINICAL SERVICES DIVISION (CSD) - Provides the
provides financial support to all units of the agency administration with effective diagnostic/evaluation
and implements policies and procedure on and therapy/management of PPA employees and
financial management in accordance with the their dependents, petitioner, probationers,
government rules and regulations. parolees, pardonees which include psychiatric,
1. Accounting Section medical, dental, and psychological and social
2. Budget Section services.
3. Management Section 1. Psychological Services Section
2. Social Services Section
3. LEGAL AND INSPECTORATE DIVISION (LID) – It 3. Medical and Dental Section
provides various units of the administration with
legal advice, prepares opinions on questions of law
that may arise in the implementation of P.D. no.
B. REGIONAL OFFICES - Regional Probation
968 as amended. and Parole Offices (Dir. II/ Regional Dir.) - It exercise
1. Inspection and Investigation Section supervision and control over all provincial/city Parole
2. Legal Counseling Section and Probation offices within the jurisdiction and
performs such duties as may be assigned by the
4. TRAINING DIVISION (TD) - Develops, conducts, administrator.
monitors and evaluates training programs for - One Deputy (Dir. I/ Asst. Reg. Dir.)
improved job performance of the line and staff - 15 Regional Office
personnel of the agency, develops modules for
training of community volunteers, facilities and C. PROVINCE/CITY OFFICE – It undertakes
monitors attendance of officials and employees in the investigation of petitioners for probation referred
training programs sponsored by the other by the courts for PSIRs; supervise
agencies/organizations. probationers/parolees/pardoness and perform such
1. Research Development Section other duties as may be assigned by the administrator.
2. Material Preparation and A/V Section CHIEF PPO ASSISTED BY:
3. Training Evaluation Section - Senior Probation and Parole Officer (Sr. PPO)
- Probation and Parole Officer II (PPO II)
5. COMMUNITY SERVICES DIVISION (CMSD) – Assist - Parole and Probation Officer I (PPO I)
in the establishment/development of facilities, - Clerk II
programs and services for the rehabilitation of
probationers/parolees/pardonees utilizing NOTA BENE: See Appendix for the Organizational Charts
community resources, provides technical and
consultative services to operating units and offices PROBATION ADMINISTRATION – appointed by President -
of the administration, screens and recommends for h\old office during good behavior/ or shall not be remove
appointment of VPAs. without case.
1. Community Programs Section
2. Volunteer services Section Regional Probation Office- appointed by the President
upon recommendation Secretary of DOJ. It IS Assisted by
6. CASE MANAGEMENT AND RECORDS DIVISION - It Assistant Regional Probation Office
provides technical services assistance to field
officers in improving investigation Provincial or City Probation and Parole Officer- at least one
procedures/supervision over probationers and in each province or City appointed by secretary of DOJ,
their services to the courts; conducts studies on upon recommendation of Probation Administration.
caseloads, caseworks services and procedures in

Crim.
Requirement for Regional Probation Office, Assistant RPO, professional and committed workforce in order to
Provincial or City: promote social justice and development.
1. A bachelor degree major in social work, sociology,
psychology, criminology, penology, correction, II. MISSION
police science, police administration or related To rehabilitate probationers, parolees and pardonees
field with 3 years supervisory experience. and promote their development as integral persons by
2. member of the BAR with 3 years supervisory utilizing innovative interventions and techniques which
experience respect the dignity of man and recognize his divine
destiny.
F. PPA FORMS III. MANDATE
PPA TITLE
The Parole and Probation Administration is mandated
FORM
to conserve and/or redeem convicted offenders and
NO.
prisoners who are under the probation or parole
1 Post-Sentence Investigation Work Sheet
system.
2 Waiver-Cum-Authorization
3 Post-Sentence Investigation Report IV. GOALS
5 Monthly Caseload Summary Reports The Administration's programs sets to achieve the
7 Request for Outside Travel following goals:
8 Violation Report a. Promote the reformation of criminal offenders and
9 Probation Officers Final Report reduce the incidence of recidivism, and
10 Office Order b. Provide a cheaper alternative to the institutional
11 Payment Plan confinement of first-time offenders who are likely
14 General Inter-Office Referral to respond to individualized, community-based
15 Case Classification treatment programs.
16 Supervision Treatment Plan
17 Supervision Case Notes V. ORGANIZATIONAL VALUES (PPA)
18 Attendance Monitoring Form of Clients
19 Termination Form A. PERFORMANCE - Efficient and effective
22 Arrival Report accomplishment of task and targets, beginning with
23 Certificate of undertaking individual officials and throughout all units in the
24 Change of Residence organizational hierarchy, linked coherently and
25 Pre-Parole/Pre-Executive Clemency progressively toward the agency Mission, Vision and
Investigation Report strategic works.
26 Certificate of No Pending Case 1. Teamwork - Working together to achieve
30 Psychological/Clinical evaluation referral shared goals
2. Resourcefulness and Innovativeness -
32 Follow-up letter
Exploring resources with ingenuity optimizing
33 Standard Cover Letter
opportunities with creativity.
42 Certificate of No Appeal
B. PROFESSIONALISM - High level of proficiency on
G. VISION, MISSION, MANDATE, the resulting from mastery and conscientious
application of appropriate knowledge and skills,
GOALS AND ORGANIZATIONAL honed by sound judgment, self-discipline and
VALUES unceasing striving for excellence, and founded on a
code of conduct that respects the dignity of clients
I. VISION and fellowmen.
A model component of the Philippine Correctional 1. Role modeling - Serving and inspiring by
System that shall enhance the quality of life of its example.
clients through multi disciplinary programs and 2. Professional Existence - Achieving high
resources, and efficient organization, and highly standards for ethical and quality service

Crim.
C. ACCOUNTABILITY - Inherent obligation of every they are able to usher the reformation and
official and employees to answer employee to rehabilitation of the clients hands-on.
answer for decisions, actions and result within In collaboration with the PPO, the VPA
his/her authority, including proper and effective helps pave the way for the offender, victim and
utilization of resources is support of Agency policies community to each heal from the harm resulting
and programs with timely, complete and accurate from the crime done. They can initiate a circle of
disclosure in required report. support for clients and victims to prevent further
1. Responsibility - Achieving expectations, crimes, thereby be participants in nation-building.
answering for results.
2. Honesty and Integrity - Being upright and C. The THERAPEUTIC COMMUNITY (TC) is a self-help
transparent in transaction and relations. social learning treatment model used in the
rehabilitation of drug offenders and other clients
with behavioral problems. TC adheres to precepts
H. MAJOR REHABILITATION of “right living” - Responsible Love and Concern;
PROGRAMS Truth and Honesty; the Here and Now; Personal
Responsibility for Destiny; Social Responsibility
A. RESTORATIVE JUSTICE (RJ) is a philosophy and a (brother’s keeper); Moral Code; Work Ethics and
process whereby stakeholders in a specific offense Pride in Quality.
resolve collectively how to deal with the aftermath The Therapeutic Community (TC) is an
of the offense and its implications for the future. It environment that helps people get help while
is a victim-centered response to crime that helping themselves. It operates in a similar fashion
provides opportunity for those directly affected by to a functional family with a hierarchical structure
the crime - the victim, the offender, their families of older and younger members. Each member has
and the community - to be directly involved in a defined role and responsibilities for sustaining
responding to the harm caused by the crime. Its the proper functioning of the TC. There are sets of
ultimate objective is to restore the broken rules and community norms that members commit
relationships among stakeholders. to live by and uphold upon entry. The primary
The Restorative Justice process provides a “therapist” and teacher is the community itself,
healing opportunity for affected parties to consisting of peers, staff/probation and parole
facilitate the recovery of the concerned parties and officers and even Volunteer Probation Aides (VPA),
allow them to move on with their lives. who, as role models of successful personal change,
serve as guides in the recovery process.
B. The VOLUNTEER PROBATION AIDE (VPA)
PROGRAM is a strategy by which the Parole and
Probation Administration may be able to generate
maximum citizen participation or community
involvement. Citizens of good standing in the
community may volunteer to assist the probation
and parole officers in the supervision of a number
of probationers, parolees and conditional
pardonees in their respective communities. Since
they reside in the same community as the client,

Crim.
CHAPTER VII
PAROLE
At the end of this chapter the students should be able
CHAPTER CONTENTS: to:
1. Parole Define 1. define parole and other important terms;
2. Historical Development of Parole 2. discuss the historical development of parole;
3. Distinction Between Parole and Probation 3. differentiates parole from probation;
4. Advantage and Disadvantage of parole 4. identify the advantage and disadvantage of
5. Prisoners Qualified and Disqualified for Parole parole;
6. The Board of Pardon and Parole 5. enumerate the prisoners qualified and
7. The Indeterminate Sentence Law (Act No. 4103) disqualified for Parole;
8. Implementing Rules and Regulation on Parole 6. identify the composition of the Boards of
and Pardon 7. explain the important provisions of Act No.
4103 (1933) known as the Indeterminate
SPECIFIC OBJECTIVES Sentence Law; and

Crim.
of promotions earned through good behaviour, labour, and

8. identify important provisions of the
study. The third grade in the system involved conditional
Implementing Rules and Regulation (IRR) on liberty outside of prison while obeying rules. A violation
Parole and Pardon. would return them to prison and starting all over again
through the ranks of the three grade process
Maconochie criticized definite prison terms and
A. WHAT IS PAROLE? developed a system of rewards for good conduct, labor and
study. Through a classification procedure he called the
It is the provisional release of a prisoner who agrees to mark system, prisoners could progress through stages of
certain conditions prior to the completion of the maximum increasing responsibility and ultimately gain freedom. In
sentence period. Originating from the French parole 1840, he was given an opportunity to apply these principles
("voice", "spoken words"), the term became associated as superintendent of the Norfolk Island penal settlement in
during the Middle Ages with the release of prisoners who the South Pacific. Under his direction, task
gave their word. accomplishment, not time served, was the criterion for
It is the process of suspending the sentence of a release. Marks of commendation were given to prisoners
convict after having served the minimum of his sentence who performed their tasks well, and they were released
without granting him pardon, and the prescribing term from the penal colony as they demonstrated willingness to
upon which the sentence shall be suspended. accept society's rules. Returning to England in 1844 to
It is the release from imprisonment, but without full campaign for penal reform, Maconochie tried to implement
restoration of liberty, as parolee is in custody of the law his reforms when he was appointed governor of the new
although not in confinement. Birmingham Prison in 1849. However, he was unable to
institute his reforms there because he was dismissed from
PRE-PAROLE INVESTIGATION his position in 1851 on the grounds that his methods were
The Administration has been authorized by the Board to too lenient (Clear and Cole 1997).
conduct pre-parole investigation of deserving city,
provincial and national prisoner confined in the city and Alexander Maconochie
provincial jails, the national penitentiary and penal colonies, He is the Superintendent of the penal colony at Norfolk
whenever their best interests and that of justice will be Island in Australia (1840) who introduced the Mark System
served thereby, and to submit reports of said investigation that became the blueprint of modern day parole. He is
at least 60 days before the expiration of the minimum considered as the father of modern penology.
sentences of the prisoners concerned.
Mark System
A progressive humane system in which a prisoner is
B. HISTORY OF PAROLE required to earn a number of marks based on proper
Parole comes from the French word parole, referring department, labor and study in order to entitle him for
to "word" as in giving one's word of honor or promise. It ticket for leave or conditional release which is similar to
has come to mean an inmate's promise to conduct him or parole.
herself in a law-abiding manner and according to certain
rules in exchange for release. In penal philosophy, parole is Walter Crofton attempted to implement
part of the general 19th-century trend in criminology from Maconichie's mark system when he became the
punishment to reformation. Chief credit for developing the administrator of the Irish Prison System in 1854. Crofton felt
early parole system is usually given to Alexander that prison programs should be directed more toward
Maconochie, who was in charge of the English penal colony reformation, and that "tickets-of-leave" should be awarded
at Norfolk Island, 1,000 miles off the coast of Australia, and to prisoners who had shown definitive achievement and
to Sir Walter Crofton, who directed Ireland's prisons positive attitude change. After a period of strict
(Cromwell and del Carmen 1999). imprisonment, Crofton began transferring offenders to
Alexander Maconochie, a Scottish geographer and "intermediate prisons" where they could accumulate marks
captain in the Royal Navy, introduced the modern idea of based on work performance, behavior and educational
parole when, in 1840, he was appointed superintendent of improvement. Eventually they would be given tickets-of-
the British penal colonies in Norfolk Island, Australia. He leave and released on parole supervision. Parolees were
developed a plan to prepare them for eventual return to required to submit monthly reports to the police, and a
society that involved three grades. The first two consisted police inspector helped them find jobs and generally

Crim.
oversaw their activities. The concepts of intermediate good behavior in the first grade resulted in release. Paroled
prisons, assistance and supervision after release were inmates remained under the jurisdiction of authorities for
Crofton's contributions to the modern system of parole an additional six months, during which the parolee was
(Clear and Cole 1997). required to report on the first day of every month to his
By 1865, American penal reformers were well appointed volunteer guardian (from which parole officers
aware of the reforms achieved in the European prison evolved) and provide an account of his situation and
systems, particularly in the Irish system. At the Cincinnati conduct (Abadinsky 1997). Written reports became
meeting of the National Prison Association in 1870, a paper required and were submitted to the institute after being
by Crofton was read, and specific references to the Irish signed by the parolee's employer and guardian.
system were incorporated into the Declaration of Indeterminate sentencing and parole spread rapidly
Principles, along with other such reforms as indeterminate through the United States. In 1907, New York became the
sentencing and classification for release based on a mark first state to formally adopt all the components of a parole
system. Because of Crofton's experiment, many Americans system: indeterminate sentences, a system for granting
referred to parole as the Irish system (Walker 1998). release, post-release supervision and specific criteria for
Walter Crofton parole violation. By 1927, only three states (Florida,
He is the director of the Irish Prison in 1854 who Mississippi and Virginia) were without a parole system, and
introduced the Irish system that was modified from the by 1942, all states and the federal government had such
Macanochie’s mark system. systems (Clear and Cole 1997).
This differs from amnesty or commutation of sentence
in that parolees are still considered to be serving their
Zebulon Brockway, a Michigan penologist, is given sentences, and may be returned to prison if they violate the
credit for implementing the first parole system in the U.S. conditions of their parole. A specific type of parole is
He proposed a two-pronged strategy for managing prison medical parole or compassionate release which is the
populations and preparing inmates for release: release of prisoners on medical or humanitarian grounds.
indeterminate sentencing coupled with parole supervision. Conditions of parole often include things such as obeying
He was given a chance to put his proposal into practice in the law, refraining from drug and alcohol use, avoiding
1876 when he was appointed superintendent at a new contact with the parolee's victims, obtaining employment,
youth reformatory, the Elmira Reformatory in New York. He and maintaining required contacts with a parole officer.
instituted a system of indeterminacy and parole release, Some justice systems, such as the United States federal
and is commonly credited as the father of both in the system, place defendants on supervised release after
United States. His ideas reflected the tenor of the times - a serving their entire prison sentence; this is not the same as
belief that criminals could be reformed, and that every parole. In Colorado, parole is an additional punishment
prisoner's treatment should be individualized. after the entire prison sentence is served - it is called
'mandatory parole'.
Zebulon Brockway
First Superintendent of Elmira Reformatory in New CREATION OF PAROLE SYSTEM IN THE PHILIPPINES:
York It came into existence by the passage of Act 4103 as
He introduced training school type, education for amended by Acts 4203 and 4225, otherwise known as the
prisoners, solitary confinement for night and congregate Indeterminate Sentence Law, which took effect on Dec. 5,
workshop were adopted, extensive use of parole and 1933. Board of Pardons and Parole – administers the Parole
indeterminate sentence. system of the country
The Elmira Reformatory (1876 in Elmira, NY)
First reformatory and considered as the forerunner of C. DISTINCTION BETWEEN PAROLE
modern penology because it had all the elements of a
modern system. & PROBATION
These two concepts are sometimes used
On being admitted to Elmira, each inmate (males interchangeably, but there are substantial differences
between the ages of sixteen and thirty) was placed in the between the two. Parole is a conditional release from
second grade of classification. Six months of good conduct actual confinement under sentence of imprisonment,
meant promotion to the first grade - misbehavior could contingent upon future conduct with respect to terms of
result in being placed in the third grade, from which the parole, and the parolee is subject to future confinement for
inmate would have to work his way back up. Continued the un-served portion of sentence in the event he violates

Crim.
provisions of parole. While probation relates to action to parolee restores full civil rights
taken before prison door is closed, and before final to the probationer upon
conviction, parole relates to action taken after the prison termination unlike
door has been closed, and partakes of the nature of parole.
pardon, for it suspends execution of penalty already It is granted more than Probation is enjoyed
imposed. once, depending on only once
An order placing a defendant on probation is not a final good behavior during
judgment, but is rather an "interlocutory judgment" in the imprisonment
nature of a conditional order placing the defendant under
the supervision of the court for his reformation, to be Probation is a Convict must serve the
followed by a final judgment of discharge, if the conditions community-based minimum of his
of probation are complied with, or by a final judgment of approach to sentence before the
sentence if the conditions are violated. reformation of grant.
The following are the other distinction: offenders.
PAROLE PROBATION
Administrative function It is a judicial function D. DIFFERENCE BETWEEN PAROLE
exercised by the exercise by the courts.
executive branch of the AND MANDATORY SUPERVISION
government (executive "Mandatory Supervision," is a practice whereby an
function) inmate is released prior to the completion of their sentence
due to legal technicalities which oblige the offender justice
Granted to a prisoner Granted to an offender system to free them. In some states such as Texas, inmates
only after he has serve immediately after are compensated with "good time," which is counted
the minimum of his conviction. towards time served. For example, if an inmate served five
sentence. years of a ten year prison term, and also had five years of
"good time," they will have completed their sentence "on
It is an extension of It is substitute for paper," obliging the state to release them unless deemed a
institutional. It is a imprisonment. threat to society in writing by the parole board. Where
conditional release of a Probation is an parole is granted or denied at the discretion of a parole
prisoner whereby he is alternative to board, mandatory supervision does not involve a decision
placed under the imprisonment. Instead making process: one either qualifies for it or does not.
supervision of a Parole of being confined in Mandatory supervision tends to involve stipulations that
Officer after serving his prison, the probationer are more lenient than those of parole, and in some cases
minimum sentence. is released to the place no obligations at all on the individual being released.
community by the court
with conditions to
follow and is placed E. ADVANTAGES AND
under the supervision
of PO.
DISADVANTAGES OF PAROLE
Granted by BPP Granted by the court
A. ADVANTAGES OF PAROLE
Parolee Probationer Parole is the release of a prisoner who agrees to certain
conditions upon being released. An advantage of parole is
Parolee supervised by Probationer supervise that it can be used to award prisoners for good behavior
parole officer by probation officer during their sentence.
One of the other advantages is the economy factors.
Parole is administered Probation is handled by Releasing prisoners on parole can force them to get a job
by the Parole Board. the Probation and no longer be a ward of the state. The money from the
Administration prisoner’s job will then pay for state taxes and further help
out the government.
Parole does not Probation is more Another advantage is the thought of parole can cause
restores full civil rights beneficent because it prisoners to serve their sentence peacefully until they

Crim.
reach the point where they can be granted parole. This may 1. Inmate is serving an indeterminate sentence
lessen the amount of prison fights and altercations with the the maximum period of which exceeds one (1)
guards. year;
Parole is the early release of convicts from prison, prior 2. Inmate has served the minimum period of the
to the completion of their given sentence. Parole is issued indeterminate sentence;
based on good behavior or the parole board's 3. Inmate's conviction is final and executor;
determination that the convict has been sufficiently 4. In case the inmate has one or more co-accused
reformed to re-enter society. Therein lies its foremost who had been convicted, the director/warden
advantage: the provision of fresh opportunity and the concerned shall forward their prison records
chance to start anew for criminals. It is also advantageous and carpetas/jackets at the same time.
to the public to reduce the number of people incarcerated, 5. Inmate has no pending criminal case; and
which can cost tens of thousands prisoner per year. 6. Inmate is serving sentence in the national
Furthermore, reducing incarceration rates is conducive to a penitentiary, unless the confinement of said
free, democratic society. inmate in a municipal, city, district or provincial
jail is justified.
B. DISADVANTAGE OF PAROLE
Parole involves the risk that the parolee may become a
repeat offender (known as recidivism in the criminal justice
G. PRISONERS DISQUALIFIED FOR
field). It also involves the risk that he won't, in fact, be able PAROLE: (Section 2, Act no. 4103)
to survive on his own upon release, and will fall victim to 1. Those persons convicted of offenses punished with
chronic unemployment, homelessness, social reclusion perpetua;
maladjustment or substance abuse. Another disadvantage 2. Those convicted of treason, conspiracy or
of parole is that it frequently involves the continuation of proposal to commit treason;
involvement by the criminal justice system (at a financial 3. Those convicted of misprision of treason, rebellion,
cost to the public and to the detriment of individual liberty) sedition or espionage;
in the parolee's life, because parole is often accompanied 4. Those convicted of piracy;
by monitoring for a certain period thereafter. 5. Those who are habitual delinquents;
6. Those who escaped from confinement or those
F. PRISONERS QUALIFIED AND who evaded sentence;
7. Those who were granted conditional pardon and
DISQUALIFIES FOR PAROLE violated any of the terms thereof;
8. Those whose maximum term of imprisonment
A. PRISONERS QUALIFIED does not exceed 1 year or are with a definite
Unless otherwise disqualified under Sec. 15 of the rules, sentence;
a prisoner shall be eligible for the grant of parole upon 9. Those suffering from any mental disorder as
showing that – certified by a psychiatric report of the bureau of
a. He is confined in a jail or prison to serve an correction or national center for mental health;
indeterminate prison sentence, the maximum 10. Those whose conviction is on appeal;
period of which exceeds one year, pursuant to a 11. Those who have pending criminal case for an
final judgment of conviction; and that offense committed while serving sentence.
b. He has served the minimum period of said 12. Those convicted of offenses punished with
sentence less the good conduct time allowances reclusion perpetua, or whose sentences were
(GCTA) earned. reduced to reclusion perpetua by reason of
c. There is a reasonable probability that if released, Republic Act No. 9346 enacted on June 24, 2006,
he will become law-abiding; and amending Republic Act No. 7659 dated January 1,
d. His release will not be incompatible with the 2004; and
interests and welfare of society. 13. Those convicted for violation of the laws on
terrorism, plunder and transnational crimes."
"RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE CASE -
AN INMATE'S CASE MAY BE ELIGIBLE FOR REVIEW BY THE
BOARD PROVIDED:

Crim.
H. BOARD OF PARDONS AND SECTION 18. Board Composition.—The Board shall be

PAROLE composed of the Secretary as Chairman and six (6)
The Board of Pardons and Parole, created by virtue of members consisting of: The Administrator of the Parole and
Act No. 4103 (1933) known as the Indeterminate Sentence Probation Administration as ex-officio member, a
Law, is an agency under the Department of Justice (DOJ) sociologist, a clergyman, an educator, a person with
tasked to uplift and redeem valuable human resources to training and experience in correction work, and a member
economic usefulness and to prevent unnecessary and of the Philippine Bar; Provided, that one of them is a
excessive deprivation of personal liberty by way of parole woman. The members of the Board shall be appointed by
or through executive clemency. the President upon the recommendation of the Secretary
and shall hold office for a term of six (6) years, without
The Board undertakes the following: prejudice to reappointment.
1. Looks into the physical, mental and moral records In case of vacancy by reason of death, incapacity,
of prisoners who are eligible for parole or any form resignation or removal of any of the Board members, the
of executive clemency and determines the proper Secretary shall have the authority to designate a temporary
time of release of such prisoners on parole; member possessing the qualifications of his predecessor
2. Assists in the full rehabilitation of individuals on and to serve out his unexpired term or until the President
parole or those under conditional pardon with shall have appointed a regular member to fill the vacancy.
parole conditions, by way of parole supervision;
and, SECTION 19. Executive Director and Board Secretary;
3. Recommends to the President of the Philippines Support Staff.—In the performance of his duties as
the grant of any form of executive clemency to Chairman of the Board of Pardons and Parole, the Secretary
prisoners other than those entitled to parole. shall be assisted by a staff headed by the Executive Director
who is at the same time the Secretary of the Board. The
The Board of Pardons and Parole administers the Executive Director shall be appointed by the President
Parole system of the country. upon the recommendation of the Secretary. The Executive
Director shall receive a monthly salary of thirteen thousand
A. COMPOSITION OF THE BOARDS OF PARDON AND five hundred pesos.
PAROLE The Board Secretary shall prepare and keep the minutes of
all the board sessions in a book of records kept for the
purpose, as well as all the resolutions and
Chairman - Secretary of the DOJ
recommendations of the Board on all actions involving
Ex-Officio - Probation Administrator of the Parole
parole, pardons and executive clemency to the President;
and Probation Administrator
authenticate and/or attest all minutes, resolutions and
Members:
recommendations of the Board; prepare and serve all
a. Sociologist
notices of board meetings or sessions to the members of
b. Clergyman/Educator
the Board; prepare an annual report of all resolutions and
c. Psychiatrist
recommendations for parole or executive clemency and
3. Person qualified for the work by
other reports that the Department may require. He shall
training/experience and a member of the
also perform such other functions as the Board may from
Philippine BAR.
time to time assign to him.
SECTION 20. Board Meetings.—The Board shall meet
B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE
regularly every week, or as the Board may direct, or upon
OF 1987; [BOOK IV/TITLE III/CHAPTER 6-BOARD OF
call by the Chairman/Secretary. The members shall act only
PARDONS AND PAROLE]
as a Board, and every decision of the majority shall be valid
as an act of the Board provided, that the Board may direct a
CHAPTER 6
Board member to prepare and submit a report involving
Board of Pardons and Parole
any application for parole, pardon or any request for
executive clemency for appropriate action by the Board.
SECTION 17. Board of Pardons and Parole.—The Board of
SECTION 21. Board Rules and Regulations.—The Board is
Pardons and Parole shall continue to discharge the powers
hereby authorized to establish and prescribe, subject to the
and functions as provided in existing law and such
additional functions as may be provided by law.

Crim.
approval of the Secretary, rules and regulations to govern by final judgment at the time of approval of this Act, except
the proceedings of the Board. as provided in Section 5 hereof. (As amended by Act No.
SECTION 22. Indeterminate Sentence Law.—The provisions 4225.)
of Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended, shall continue to apply except SECTION 3. There is hereby created a Board of Pardons and
as otherwise amended, modified or repealed by this Code. Parole to be composed of the Secretary of Justice who shall
be its Chairman, and four members to be appointed by the
President, with the consent of the Commission on
Appointments who shall hold office for a term of SIX
I. ACT NO. 4103 - AN ACT TO YEARS: Provided, That one member of the board shall be a
PROVIDE FOR AN trained SOCIOLOGIST, one a CLERGYMAN or EDUCATOR,
one PSYCHIATRIST unless a trained psychiatrist be
INDETERMINATE SENTENCE AND employed by the board, and the other members shall be
PAROLE FOR ALL PERSONS PERSONS QUALIFIED FOR SUCH WORK BY TRAINING AND
EXPERIENCE. At least one member of the board shall be a
CONVICTED OF CERTAIN CRIMES WOMAN. Of the members of the present board, two shall
be designated by the President to continue until December
BY THE COURTS OF THE thirty, nineteen hundred and sixty-six and the other two
PHILIPPINE ISLANDS; TO CREATE shall continue until December thirty, nineteen hundred and
sixty-nine. In case of any vacancy in the membership of the
A BOARD OF INDETERMINATE Board, a successor may be appointed to serve only for the
SENTENCE AND TO PROVIDE unexpired portion of the term of the respective members.
(As amended by Republic Act No. 4203, June 19, 1965.)
FUNDS THEREFOR; AND FOR
FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS
OTHER PURPOSES. AND PAROLE
SECTION 4. The Board of Pardons and Parole is authorized
SECTION 1. Hereafter, in imposing a prison sentence for an to adopt such rules and regulations as may be necessary for
offense punished by the Revised Penal Code, or its carrying out its functions and duties. The Board is
amendments, the court shall sentence the accused to an empowered to call upon any bureau, office, branch,
indeterminate sentence the maximum term of which shall subdivision, agency or instrumentality of the Government
be that which, in view of the attending circumstances, for such assistance as it may need in connection with the
could be properly imposed under the rules of the said Code, performance of its functions. A majority of all the members
and the minimum which shall be within the range of the shall constitute a quorum and a majority vote shall be
penalty next lower to that prescribed by the Code for the necessary to arrive at a decision. Any dissent from the
offense; and if the offense is punished by any other law, the majority opinion shall be reduced to writing and filed with
court shall sentence the accused to an indeterminate the records of the proceedings. Each member of the Board,
sentence, the maximum term of which shall not exceed the including the Chairman and the Executive Officer, shall be
maximum fixed by said law and the minimum shall not be entitled to receive as compensation fifty pesos for each
less than the minimum term prescribed by the same. (As meeting actually attended by him, notwithstanding the
amended by Act No. 4225.) provisions of Section two hundred and fifty-nine of the
Revised Administrative Code, and in addition thereto,
SECTION 2. This Act shall not apply to persons convicted of reimbursement of actual and necessary travelling expenses
offenses punished with death penalty or life-imprisonment; incurred in the performance of duties: Provided, however,
to those convicted of treason, conspiracy or proposal to That the Board meetings will not be more than three times
commit treason; to those convicted of misprision of a week. (As amended by Republic Act No. 4203, June 19,
treason, rebellion, sedition or espionage; to those 1965.)
convicted of piracy; to those who are habitual delinquents;
to those who have escaped from confinement or evaded SECTION 5. It shall be the duty of the Board of
sentence; to those who having been granted conditional Indeterminate Sentence to look into the physical, mental
pardon by the Chief Executive shall have violated the terms and moral record of the prisoners who shall be eligible to
thereof; to those whose maximum term of imprisonment parole and to determine the proper time of release of such
does not exceed one year, not to those already sentenced
Crim.
prisoners. Whenever any prisoner shall have served the certified copy of each order of conditional or final release
minimum penalty imposed on him, and it shall appear to and discharge issued in accordance with the provisions of
the Board of Indeterminate Sentence, from the reports of the next preceding two sections.
the prisoner’s work and conduct which may be received in
accordance with the rules and regulations prescribed, and SECTION 8. Whenever any prisoner released on parole by
from the study and investigation made by the Board itself, virtue of this Act shall, during the period of surveillance,
that such prisoner is fitted by his training for release, that violate any of the conditions of his parole, the Board of
there is a reasonable probability that such prisoner will live Indeterminate Sentence may issue an order for his re-arrest
and remain at liberty without violating the law, and that which may be served in any part of the Philippine Islands by
such release will not be incompatible with the welfare of any police officer. In such case the prisoner so re-arrested
society, said Board of Indeterminate Sentence may, in its shall serve the remaining unexpired portion of the
discretion, and in accordance with the rules and regulations maximum sentence for which he was originally committed
adopted hereunder, authorize the release of such prisoner to prison, unless the Board of Indeterminate Sentence
on parole, upon such terms and conditions as are herein shall, in its discretion, grant a new parole to the said
prescribed and as may be prescribed by the Board. The said prisoner. (As amended by Act No. 4225.)
Board of Indeterminate Sentence shall also examine the
records and status of prisoners who shall have been SECTION 9. Nothing in this Act shall be construed to impair
convicted of any offense other than those named in Section or interfere with the powers of the Governor-General as set
2 hereof, and have been sentenced for more than one year forth in Section 64(i) of the Revised Administrative Code or
by final judgment prior to the date on which this Act shall the Act of Congress approved August 29, 1916 entitled “An
take effect, and shall make recommendation in all such Act to declare the purpose of the people of the United
cases to the Governor-General with regard to the parole of States as to the future political status of the people of the
such prisoners as they shall deem qualified for parole as Philippine Islands, and to provide a more autonomous
herein provided, after they shall have served a period of government for those Islands.”
imprisonment not less than the minimum period for which
they might have been sentenced under this Act for the SECTION 10. Whenever any prisoner shall be released on
same offense. parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised
SECTION 6. Every prisoner released from confinement on Administrative Code.
parole by virtue of this Act shall, at such times and in such
manner as may be required by the conditions of his parole, Effective on December 5, 1933.
as may be designated by the said Board for such purpose,
report personally to such government officials or other INDETERMINATE SENTENCE LAW
parole officers hereafter appointed by the Board of
Indeterminate Sentence for a period of surveillance PRIMER- Instead of imposing a “straight” penalty, the
equivalent to the remaining portion of the maximum court must determine two penalties (maximum and
sentence imposed upon him or until final release and minimum)
discharge by the Board of Indeterminate Sentence as
herein provided. The officials so designated shall keep such I. PURPOSE: To uplift and redeem valuable human
records and make such reports and perform such other material, and prevent unnecessary and excessive
duties hereunder as may be required by said Board. The deprivation of liberty and economic usefulness.
limits of residence of such paroled prisoner during his Penalties shall not be standardized but fitted as far as is
parole may be fixed and from time to time changed by the possible to the individual, with due regard to the
said Board in its discretion. If during the period of imperative necessity of protecting the social order
surveillance such paroled prisoner shall show himself to be (People v. Ducosin, 59 Phil 109).
a law-abiding citizen and shall not violate any of the laws of II. COVERAGE
the Philippine Islands, the Board of Indeterminate Sentence A. GENERAL RULE: All persons convicted of certain crimes
may issue a final certificate of release in his favor, which under Philippine courts
shall entitle him to final release and discharge. B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons
1. Convicted of offense punishable with death
SECTION 7. The Board shall file with the court which passed penalty or life imprisonment
judgment on the case, and with the Chief of Constabulary, a

Crim.
2. Whose maximum term of imprisonment (imposed) 1. MAXIMUM TERM: Court may fix any as long as it
does not exceed one year does not exceed the penalty prescribed by the
3. Convicted of treason, conspiracy or proposal to special law
commit treason, misprision of treason 2. MINIMUM TERM: Court has discretion so long as it
4. Convicted of rebellion, sedition, espionage, does not exceed the minimum prescribed by the
5. Convicted of piracy special law
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or
violated the terms of a conditional pardon
J. IMPLEMENTING RULES AND
8. Persons already sentenced by final judgment at the REGULATION ON PAROLE AND
time this Act was approved (Dec. 5, 1933)
III. APPLICATION PARDON – Nov. 26, 2002
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX
(IMPOSABLE) Pursuant to the provisions of Section 4 of Act No. 4103,
1. Derive MAXIMUM term imposable by applying "The Indeterminate Sentence Law", as amended, the
rules for aggravating (AC) and ordinary mitigating following Rules and Regulations are hereby promulgated to
circumstances (MC) under Art. 64 and for complex govern the actions and proceedings of the Board of
crimes under Art. 48 Pardons and Parole:
a. No AC or MC: Penalty PRESCRIBED medium
period I. GENERAL PROVISIONS
b. 1 AC, no MC: Penalty PRESCRIBED maximum SEC. 1. Policy Objectives - Under the provisions of Act No.
period 4103, as amended, otherwise known as the "Indeterminate
c. No AC, 1 MC: Penalty PRESCRIBED minimum Sentence Law", which was approved on December 5, 1933,
period it is the function of the Board of Pardons and Parole to
d. Several ACs and MCs: OFFSET then apply rules uplift and redeem valuable human material to economic
to remainder usefulness and to prevent unnecessary and excessive
e. No AC, 2 or more MCs: Penalty NEXT LOWER deprivation of personal liberty by way of parole or through
IN DEGREE TO THAT PRESCRIBED executive clemency. Towards this end, the Board
f. If COMPLEX CRIME (2 or more grave or less undertakes the following:
grave felonies OR one offense is a necessary 1. Looks into the physical, mental and moral records
means for committing the other): Penalty for of prisoners who are eligible for parole or any form
the MOST SERIOUS CRIME maximum period of executive clemency and determines the proper
time of release of such prisoners on parole;
2. Derive MINIMUM term by getting the penalty one 2. Assists in the full rehabilitation of individuals on
degree lower than the penalty prescribed by the parole or those under conditional pardon with
RPC, without regard to its three periods. The court parole conditions, by way of parole supervision;
has discretion to fix as the minimum term any and,
period of imprisonment within that penalty next 3. Recommends to the President of the Philippines
lower to the penalty prescribed. the grant of any form of executive clemency to
prisoners other than those entitled to parole.
EXCEPTION: WHEN THERE IS A PRIVILEGED
MITIGATING CIRCUMSTANCE, do NOT follow the SEC. 2. Definition of Terms - As used in these Rules, unless
aforementioned rule. Consider the privileged the context indicates otherwise-
mitigating circumstance FIRST before any AC or MC e. "Board" refers to the Board of Pardons and Parole;
to get the PENALTY PRESCRIBED and then proceed f. "Executive Director" refers to the Executive
as required by the rule on deriving the minimum Director/Secretary of the Board;
term. Otherwise, the maximum of the ISL will end g. "Administration" refers to the Parole and
up being lower than the minimum of the ISL. Probation Administration;
a. "Administrator" refers to the Administrator of the
B. SPL: Min (at least that prescribed) to Max (not exceed Parole and Probation Administration;
prescribed) b. "Regional Director" refers to the Head of the
Parole and Probation Administration in the region;

Crim.
c. "Probation and Parole Officer" refers to the penalty imposed for the particular offense of which
Probation and Parole Officer undertaking the he was convicted;
supervision of the client; o. "Petitioner" refers to the prisoner who applies for
d. "Director" refers to the Director of the Bureau of the grant of executive clemency or parole;
Corrections; p. "Parolee" refers to a prisoner who is released on
e. "Penal Superintendent" refers to the Officer-In- parole;
Charge of the New Bilibid Prison, the Correctional q. "Pardonee" refers to a prisoner who is released on
Institution for Women and the prison and penal conditional pardon;
farms of the Bureau of Corrections; r. "Client" refers to a parolee/pardonee who is placed
f. "Warden"refers to the Officer-In-Charge of the under supervision of a Probation and Parole
Provincial, City, Municipal or District Jail; Officer;
g. "Carpeta" refers to the institutional record of an s. "Release Document" refers to the Conditional
inmate which consists of his mittimus or Pardon/Absolute Pardon issued by the President of
commitment order issued by the Court after the Philippines to a prisoner or to the "Discharge
conviction, the prosecutor's information and the on Parole" issued by the Board;
decisions of the trial court and the appellate court, t. "Parole Supervision" refers to the
if any; certificate of non-appeal, certificate of supervision/surveillance by a Probation and Parole
detention and other pertinent documents of the Officer of a parolee/pardonee;
case; u. "Summary Report" refers to the final report
h. "Prison Record" refers to information concerning submitted by the Probation and Parole Officer on
an inmate's personal circumstances, the offense he his supervision of a parolee/pardonee as basis for
committed, the sentence imposed, the criminal the latter's final release and discharge;
case number in the trial and appellate courts, the v. "Progress Report" refers to the report submitted
date he commenced serving his sentence, the date by the Probation and Parole Officer on the conduct
he was received for confinement, the place of of the parolee/pardonee while under supervision;
confinement, the date of expiration of the w. "Infraction Report" refers to the report submitted
sentence, the number of previous convictions, if by the Probation and Parole Officer on violations
any, and his behavior or conduct while in prison; committed by a parolee/pardonee of the
i. "Parole" refers to the conditional release of an conditions of his release on parole or conditional
offender from a correctional institution after he pardon while under supervision.
has served the minimum of his prison sentence;
j. "Executive Clemency" refers to Reprieve, Absolute SEC. 3. National Prisoner Confined in a Local Jail - The
Pardon, Conditional Pardon with or without Parole Board may not consider the release on pardon/parole of a
Conditions and Commutation of Sentence as may national prisoner who is serving sentence in a municipal,
be granted by the President of the Philippines; city, district or provincial jail unless the confinement in said
k. "Reprieve" refers to the deferment of the jail is in good faith or due to circumstances beyond the
implementation of the sentence for an interval of prisoner's control.
time; it does not annul the sentence but merely A national prisoner, for purposes of these rules, is
postpones or suspends its execution; one who is sentenced to a maximum term of imprisonment
l. "Commutation of Sentence" refers to the of more than three (3) years or to a fine of more than five
reduction of the duration of a prison sentence of a thousand pesos (Php. 5,000); or regardless of the length of
prisoner; sentence imposed by the court, to one sentenced for
m. "Conditional Pardon" refers to the exemption of violation of the customs law or other laws within the
an individual, within certain limits or conditions, jurisdiction of the bureau of customs or enforceable by it,
from the punishment which the law inflicts for the or to one sentenced to serve two (2) or more prison
offense he had committed resulting in the partial sentences in the aggregate exceeding the period of three
extinction of his criminal liability; (3) years.
n. "Absolute Pardon" refers to the total extinction of
the criminal liability of the individual to whom it is IS NATIONAL PRISONER CONFINED IN A LOCAL
granted without any condition. It restores to the JAIL CAN BE RELEASE ON PARDON/PAROLE?
individual his civil and political rights and remits the No, unless his confinement in said jail is in good
faith or due to circumstances beyond the prisoner's

Crim.
control. prisoner, his age, previous criminal record, if any, whether a

WHO ARE NATIONAL PRISONERS UNDER THE Filipino citizen or an alien and, if a naturalized Filipino, his
RULES? former nationality and date of naturalization, his previous
The following are the National Prisoners: occupation, place of residence, present crime for which he
was convicted, the trial/appellate court, his penalty of
1. Those WHO IS SENTENCED TO A imprisonment, fine, indemnity and the commencing date
MAXIMUM TERM OF IMPRISONMENT thereof, the jail or prison to which he was committed
OF MORE THAN THREE (3) YEARS or to a and/or where he is presently confined, the date he was
fine of more than five thousand pesos received for confinement, the grounds upon which
(Php. 5,000); executive clemency is being asked and certification from
2. Those who SENTENCED FOR VIOLATION the trial court that his case is not on appeal.
OF THE CUSTOMS LAW OR OTHER LAWS
WITHIN THE JURISDICTION OF THE In addition to the above-mentioned data, a petition for
BUREAU OF CUSTOMS or enforceable by absolute pardon shall be under oath and shall include the
it, regardless of the length of sentence date the petitioner was released from prison after service
imposed by the Court; and of sentence or released on parole/pardon or terminated
3. Those one sentenced to serve two (2) or from probation.
more prison sentences in the aggregate
exceeding the period of three (3) years. SEC. 7. Supporting Documents of Petition for Absolute
Pardon - The petition for absolute pardon shall be
accompanied by -
a. the affidavits of at least two (2) responsible
SEC. 4. Scope of Authority - The Board may consider the members of the community where the petitioner
case of a prisoner for executive clemency or parole only resides. The affidavits shall, among others, state
after his case has become final and executory. It will not that the petitioner has conducted himself in a
take action on the petition of a prisoner who has a pending moral and law-abiding manner since his release
criminal case in court or when his case is on appeal. from prison and shall indicate the petitioner's
occupation and his social activities including
In case the prisoner has one or more co-accused who had religious involvement;
been convicted, the Director/Warden concerned shall b. the clearances from the National Bureau of
forward their prison records and carpetas at the same time. Investigation, the Philippine National Police, the
Prosecutor's Office, the Municipal Circuit Trial
II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE Court, the Municipal Trial Court, the Municipal Trial
Court in Cities, the Metropolitan Trial Court and the
SEC. 5. Filing of Petition - A formal petition for executive Regional Trial Court where petitioner resides;
clemency addressed as follows shall be submitted to the c. proof of payment of indemnity and/or fine, or in
Board before the question of said clemency will be lieu thereof, certification from the City/Municipal
considered: Treasurer or Probation and Parole Officer on his
"The President of the Philippines financial condition; and,
Thru: The Chairman d. proof of service of sentence or certificate of Final
Board of Pardons and Parole Release and Discharge or court's Termination
DOJ Agencies Bldg., NIA Road cor. East Avenue Order of probation.
Diliman, Quezon City"
Petitions for parole shall be addressed to the Chairman or SEC. 8. Referral of Petition for Absolute Pardon to a Probation and
to the Executive Director of the Board. for absolute pardon, the Board shall refer the petition to a Probatio
However, the Board may, motu proprio , consider cases for investigation on the conduct and activities, as well as the social an
parole, commutation of sentence or conditional pardon of prior to his conviction and since his release from prison and submi
deserving prisoners whenever the interest of justice will be from receipt of the referral.
served thereby.
SEC. 9. Referral of Petition for Executive Clemency/Parole to Oth
SEC. 6. Contents of Petition - A petition for executive clemency shall be referred by the Board to the Secretar
parole/executive clemency shall state the name of the recommendation if the crime committed by the petitioner is against

Crim.
nations. In case of violation of election laws, rules and regulations,SEC.a petition

13. Review
for executive
of Cases forclemency/parole
Parole - Unless otherwise disqualified u
shall be referred to the Commission on Elections for favorable recommendation,
parole of a prisonerprovided,
shall however,
be reviewed thatupon a showing that he
regardless of the crime committed, a petition for executive clemency/parole
indeterminatemay sentence,
be referred
the maximum
for a pre-period of which exceeds one
parole/executive clemency investigation to a Probation and Parole conviction
Officer who shall
and submit
that a report
he on hasthe served the minim
behaviour, character antecedents, mental and physical condition of the petitioner within thirty (30) days from
receipt of referral, to include the results of the National Bureau of Investigation
SEC. 14. Grant
records
of Parole
check.
- A prisoner may be granted parole wheneve
In case of an alien, the petition shall be referred to the Department probability
of Foreign
that ifAffairs
released,
for he
comment
will be law-abiding
and and that his release
recommendation. and welfare
III. EXECUTIVE CLEMENCYSEC. 15. Disqualification for Parole - The following prisoners shall not
a. Those convicted of an offense punished with Death penalty,
SEC. 10. Review of Cases for Executive Clemency - Petitions for executive b. clemency
Those convicted
may beofreviewed
treason, conspiracy
if the or proposal to comm
prisoners meet the following minimum requirements : c. Those convicted of misprision of treason, rebellion, sedition
A. For Commutation of Sentence - d. Those convicted of piracy or mutiny on the high seas or Philip
1. The prisoner shall have served at least one-third (1/3) e. of the
Those
minimum
who are of habitual
his indeterminate
delinquents i.e. those who, within a
and/or definite sentence or the aggregate minimum of his release
indeterminate
from prisonand/or or lastdefinite
conviction of the crimes of seriou
sentences. theft, estafa and falsification, are found guilty of any of said
2. At least ten (10) years for prisoners sentenced to reclusion
f. Those
perpetuawhoorescaped
life imprisonment
from confinementfor or evaded sentence;
crimes or offenses committed before January 1, 1994. g. Those who were granted Conditional Pardon and violated an
3. At least twelve (12) years for prisoners whose sentences h. were
Thoseadjusted
whose maximum
to a definite termprison
of imprisonment does not e
term of forty (40) years in accordance with the provisions sentence;
of article 70 of the revised penal
code, as amended. i. Those suffering from any mental disorder as certified by a go
4. At least fifteen (15) years for prisoners convicted of heinous
j. Thosecrimes whose
as defined
conviction
in republic
is on appeal;
act
no. 7659 and other special laws committed on or after k. January
Those 1, 1994
who have
and sentenced
pending criminal
to onecase/s.
or more reclusion perpetua or life imprisonment
5. At least twenty (20) years in case of one (1) or moreSEC.
death16. penalty/penalties,
Deferment of Parole which When
was/were
Safety of Prisoner/Victim/Relat
automatically reduced or commuted to one (1) based
or on morethe reclusion
Pre-Paroleperpetua
Investigation or lifeReport conducted on the p
imprisonment; evidence that his release on parole will endanger his own life and th
B. For Conditional Pardon, the prisoner shall have served at least well-being
one-halfof the
(1/2)victim,
of thehis minimum
relatives, of his
his witnesses and the commu
original indeterminate and/or definite sentence. However, indeferred
the caseuntil
of a prisoner
the danger whoceases.
is convicted of
a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served at
least one-half (1/2) of the maximum of his original indeterminate sentence V. PROCEEDINGS
before his case OF THEmayBOARDbe
reviewed for conditional pardon.
C. For Absolute Pardon, after he has served his maximum sentence SEC. or17.granted
Interviewfinalofrelease
Prisoners
and discharge
- Any Board member or
or court termination of probation. However, the Board may government
consider a official
petitionauthorized
for absolute by thepardon
Board may interview
even before the grant of final release and discharge under theprisoners
provisions
confined
of Section
in prison
6 ofor Act
jailNo.
to 4103,
determine whether or
as amended, as when the petitioner: (1) is seeking an notappointive/elective
they may be released publicon position
parole oror recommended for
reinstatement in the government service; (2) needs medicalexecutive
treatment clemency.
abroad which is not available
locally; (3) will take any government examination; or (4) is emigrating.
The Board or its authorized representatives shall interview
an inmate who was sentenced to Reclusion Perpetua or
SEC. 11. Prisoners not Eligible for Executive Clemency - Prisoners who Lifeescaped
imprisonment,
or evadedor whose
servicesentence
of sentence had been commuted
are not eligible for executive clemency for a period of one (1) year fromfromtheDeath
dateto ofReclusion
their last recommitment
Perpetua. to
prison or conviction for evasion of service of sentence. Before an interview, the Board may require a prisoner
convicted of a heinous crime as defined under Republic Act
SEC. 12. Transmittal of Carpeta and Prison Record - In executive clemency/parole
No. 7659 cases, and the otherDirector
special
or Warden laws to undergo
concerned shall forward the prison record and carpeta of a petitioner psychological/psychiatric
at least one (1) month examination
prior to ifthe the prisoner has a
eligibility for review as specified in Sections history
10 and
of mental
13 instability,
of theseor in anyRules. case, if the Board
The Director or Warden concerned shall also furnish the Board andfinds the Administration
a need for suchon examination
or before the in the
fifth
light of the nature
day of every month, a list of prisoners whose minimum sentences will ofexpire
the offense
within ninety
committed(90) days
or manner
and those of its commission.
who may be considered for executive clemency.
SEC. 18. Publication of those Eligible for Executive
IV. PAROLE Clemency/Parole - The Board shall cause the publication in a

Crim.
newspaper of general circulation the names of prisoners b. prisoners who are sixty (60) years old and above;
convicted of heinous crimes or those sentenced by final c. physical disability such as when the prisoner is
judgment to Reclusion Perpetua or Life imprisonment, who bedridden, a deaf mute, a leper, a cripple or is blind
may be considered for release on parole or for or similar disabilities;
recommendation for absolute or conditional pardon. d. serious illness and other life-threatening disease as
certified by a government physician;
SEC. 19. Objections to Petitions - When an objection is filed, e. those prisoners recommended for the grant of
the Board may consider the same by requesting the person executive clemency by the trial/appellate court as
objecting to attach thereto evidence in support thereof. In stated in the decision;
no case, however, shall an objection disqualify from f. alien prisoners where diplomatic considerations
executive clemency/parole the prisoner against whom the and amity between nations necessitate review;
objection is filed. g. circumstances which show that his continued
imprisonment will be inhuman or will pose a grave
SEC. 20. Documents to be Considered - The carpeta and danger to the life of the prisoner or his co-inmates;
prison record of the prisoner and other relevant and,
documents, such as the mittimus or commitment order, h. such other similar or analogous circumstances
prosecutor's information and trial/appellate court's whenever the interest of justice will be served
decision of the case of the prisoner shall be considered by thereby.
the Board in deciding whether or not to recommend
executive clemency or to grant parole.
In case the prisoner has one or more co-accused who had FACTORS THAT THE PAROLE BOARD CONSIDERS FOR
been convicted, the Board shall consider at the same time ELIGIBILITY
the prison records and carpetas of said co-accused. A common misconception is that just because a convict
is eligible for parole, he will be automatically released and
SEC. 21. Factors to be Considered in Petition for paroled into the community. Equally, just because the
Conditional Pardon, Commutation of Sentence or Parole - convict has served enough of his jail term does not mean he
The following factors may be considered by the Board in will be released without review. Neither are accurate. The
the grant of conditional pardon, commutation of sentence fact of the matter is that some inmates (e.g., Charles
or parole: Manson) are never found suitable for parole and will serve
a. the age of the petitioner, the gravity of the offense the rest of their term inside the prison walls.
and the manner in which it was committed, and Public safety and assisting the offender in
the institutional behavior or conduct and previous reintegrating into the community are the most important
criminal record, if any; considerations in any parole decision. Is the inmate willing
b. evidence that petitioner will be legitimately and ready to re-enter the community as a law-abiding
employed upon release; citizen and contribute to a safer society? Can the inmate’s
c. a showing that the petitioner has a place where he release back into society harm the general public? All
will reside; relevant information is considered.
d. availability of after-care services for the petitioner The parole board in its decision-making process will
who is old, seriously ill or suffering from a physical consider the following information and criteria about the
disability; inmate:
e. attitude towards the offense and the degree of 1. age,
remorse; and, 2. mental stability,
f. the risk to other persons, including the victim, his 3. marital status,
witnesses, his family and friends, or the community 4. education or vocational training,
in general, the possibility of retaliation by the 5. remorse for the offense,
victim, his family and friends. 6. time served on the current offense,
7. prior criminal history,
SEC. 22. Special Factors - The Board may give special 8. type and severity of offense,
consideration to the recommendation for commutation of 9. behavior, habits, traits,
sentence or conditional pardon whenever any of the 10. rehabilitative efforts/progress, and
following circumstances are present: 11. conduct during incarceration.
a. youthful offenders;

Crim.
SEC. 23. Meetings - The Board shall meet in executive SEC. 30. Initial Report - Within the period prescribed in his
session regularly or upon the call of the Chairman. Release Document, the prisoner shall present himself to the
Probation and Parole Officer specified in the Release
SEC. 24. Quorum - A majority of all the members of the Document for supervision.
Board shall constitute a quorum. If within forty five (45) days from the date of release from
prison or jail, the parolee/pardonee concerned still fails to
SEC. 25. Board Action - A majority of the members of the report, the Probation and Parole Officer shall inform the
Board, constituting a quorum, shall be necessary to Board of such failure, for appropriate action.
recommend the grant of executive clemency or to grant
parole; to modify any of the terms and conditions SEC. 31. Arrival Report - The Probation and Parole Officer
appearing in a Release Document; to order the arrest and concerned shall inform the Board thru the Technical
recommitment of a parolee/pardonee; and to issue Service, Parole and Probation Administration the date the
certificate of Final Release and Discharge to a client reported for supervision not later than fifteen (15)
parolee/pardonee. working days therefrom.
The minutes of the meeting of the Board shall show the
votes of its individual members and the reason or reasons SEC. 32. Mandatory Conditions of Supervision - It shall be
for voting against any matter presented for the approval of mandatory for a client to comply with the terms and
the Board. Any dissent from the majority opinion to grant conditions appearing in the release document.
or deny parole shall be reduced in writing and shall form
part of the records of the proceedings. SEC. 33. Review and Modification of Conditions - The Board
may, upon the recommendation of the Probation and
SEC. 26. Executive Clemency/Parole of An Alien - The Board Parole Officer, revise or modify the terms and conditions
may recommend the grant of executive clemency or grant appearing in the Release Document.
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 SEC. 34. Transfer of Residence - A client may not transfer
Bureau of Immigration for disposition, documentation and from the place of residence designated in his Release
appropriate action. Document without the prior written approval of the
Regional Director subject to the confirmation by the Board.
VI. PAROLE SUPERVISION
SEC. 35. Outside Travel - A Chief Probation and Parole
SEC. 27. Parole Supervision - After release from Officer may authorize a client to travel outside his area of
confinement, a client shall be placed under the supervision operational jurisdiction for a period of not more than thirty
of a Probation and Parole Officer so that the former may be (30) days. A travel for more than 30 days shall be approved
guided and assisted towards rehabilitation. by the Regional Director.
The period of parole supervision shall extend up to the
expiration of the maximum sentence which should appear SEC. 36. Travel Abroad and/or Work Abroad - Any parolee
in the Release Document, subject to the provisions of or pardonee under active supervision/surveillance who has
Section 6 of Act No. 4103 with respect to the early grant of no pending criminal case in any court may apply for
Final Release and Discharge. overseas work or travel abroad. However, such application
for travel abroad shall be approved by the Administrator
SEC. 28. Form of Release Document - The form of the and confirmed by the Board.
Release Document shall be prescribed by the Board and
shall contain the latest l"x1" photograph and right SEC. 37. Death of Client - If a client dies during supervision,
thumbprint of the prisoner. the Probation and Parole Officer shall immediately transmit
a certified true copy of the client's death certificate to the
SEC. 29. Transmittal of Release Document - The Board shall Board recommending the closing of the case. However, in
send a copy of the Release Document to the prisoner the absence of a death certificate, an affidavit narrating the
named therein through the Director of Corrections or circumstances of the fact of death from the barangay
Warden of the jail where he is confined who shall send a chairman or any authorized officer or any immediate
certification of the actual date of release of prisoner to the relative where the client resided, shall suffice.
Probation and Parole Officer.

Crim.
the expiration of maximum sentence and upon the

VII. INFRACTION/VIOLATION OF THE TERMS AND recommendation of the Chief Probation and Parole Officer,
CONDITIONS OF THE RELEASE DOCUMENT the Board may issue a certificate of Final Release and
Discharge to a parolee/pardonee pursuant to the provisions
SEC. 38. Progress Report - When a parolee/pardonee of Section 6 of Act No. 4103, as amended.
commits another offense during the period of his parole The clearances from the police, court, prosecutor's office
surveillance, and the case filed against him has not yet been and barangay officials shall be attached to the Summary
decided by the court, a Progress Report should be Report.
submitted by the Probation and Parole Officer to the Board.
Sec. 45. Effect of Certificate of Final Release and Discharge
SEC. 39. Report of Parole Infraction/Violation - Any - Upon the issuance of a certificate of Final Release and
violation of the terms and conditions appearing in his Discharge, the parolee/pardonee shall be finally released
Release Document or any serious deviation or non- and discharged from the conditions appearing in his release
observance of the obligations set forth in the parole document. However, the accessory penalties of the law
supervision program shall be immediately reported by his which have not been expressly remitted therein shall
Probation and Parole Officer to the Board. The report shall subsist.
be called Infraction Report when the client has been
subsequently convicted of another crime. SEC. 46. Transmittal of Certificate of Final Release and
Discharge - The Board shall forward a certified true copy of
SEC. 40. Arrest of Client - Upon receipt of an Infraction the certificate of Final Release and Discharge to the Court
Report, the Board may order the arrest or recommitment which sentenced the released client, the Probation and
of the client. Parole Officer who has supervision over him, the client, the
Bureau of Corrections, the National Bureau of
SEC. 41. Effect of Recommitment of Client - The client who Investigation, the Philippine National Police and the Office
is recommitted to prison by the Board shall be made to of the President.
serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison. IX. REPEALING AND EFFECTIVITY CLAUSES
SEC. 42. Cancellation of Pardon/Parole - The Board may SEC. 47. Repealing Clause - All existing rules, regulations
recommend the cancellation of the pardon or cancel the and resolutions of the Board which are inconsistent with
grant of parole of a client if it finds that material these Rules are hereby repealed or amended accordingly.
information given by said client to the Board, either before
or after release, was false, or incomplete or that the client SEC. 48. Effectivity Clause - These Rules shall take effect
had willfully or maliciously concealed material information upon approval by the Secretary of Justice and fifteen (l5)
from the Board. days after its publication in a newspaper of general
circulation.
SEC. 43. Review of Case of Recommitted Parolee - The
Board may consider the case of a recommitted parolee for
the grant of a new parole after the latter shall have served
one-fourth (1/4) of the unserved portion of his maximum
sentence.
VIII. TERMINATION OF PAROLE AND CONDITIONAL

PARDON SUPERVISION
SEC. 44. Certificate of Final Release and Discharge - After

the expiration of the maximum sentence of a client, the
Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has
substantially complied with all the conditions of his
parole/pardon, issue a certificate of Final Release and
Discharge to a parolee or pardonee. However, even before

Crim.
CHAPTER IX
EXECUTIVE CLEMENCY
CHAPTER’S CONTENTS It shall refer to Absolute Pardon, Conditional Pardon

with or without Parole conditions and Commutation of
1. Executive Clemency Sentence as may be granted by the President of the
2. Pardon Philippines upon the recommendation of the Board of
3. Amnesty Pardon and Parole.
4. Reprieved It is an act of mercy or leniency from certain
5. Commutation of Sentence consequences of a criminal conviction, and is exercised by
the President after receipt of a recommendation from the
SPECIFIC OBJECTIVE BPP.
At the end of this chapter the students should be able to: Executive Clemency under the criminal justice system is
1. define and understand the nature of Executive the act by an executive member of government of
Clemency; extending mercy to a convicted individual. In the United
2. define and understand the concept of the States, clemency is granted by a governor for state crimes
following executive clemencies: and by a president for federal crimes. Clemency can take
a. pardon ; one of four forms: a reprieve, a commutation of sentence, a
b. amnesty ; pardon and amnesty.
c. reprieved; and
d. commutation of sentence; CONSTITUTIONAL BASIS:
3. identify the limitations of the pardoning power of 1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
the president; Except in cases of impeachment, or as
4. differentiates pardon to amnesty; otherwise provided in this Constitution, the
5. discuss how executive clemencies are granted. President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
EXECUTIVE CLEMENCY 2. Section 5, Article IX (Constitutional Commissions-
The Commission on Elections)
No pardon, amnesty, parole, or suspension of
sentence for violation of election rules, and
WHAT IS EXECUTIVE CLEMENCY?
regulations shall be granted by the President

Crim.
without a favorable recommendation of the c. a showing that the petitioner has a place where he
Commission. will reside;
d. availability of after-care services for the petitioner
WHO WILL GRANT EXECUTIVE CLEMECY? who is old, seriously ill or suffering from a physical
It is exercise by the President. disability;
Upon the recommendation of the Board of Pardons e. attitude towards the offense and the degree of
and Parole, s/he can grant pardons, commute sentences, or remorse; and,
defer the implementation of sentences. f. the risk to other persons, including the victim, his
witnesses, his family and friends, or the community
EXECUTIVE CLEMENCY BASICS in general, the possibility of retaliation by the
1. It is discretionary; victim, his family and friends.
2. It may not be controlled by the legislature or
reversed by the courts unless there is violation of SPECIAL CONSIDERATION TO THE RECOMMENDATION
the Constitution; and FOR COMMUTATION OF SENTENCE OR CONDITIONAL
3. Executive Clemency must often be requested by PARDON
application or petition before it is granted. In most 1. youthful offenders;
jurisdictions, these applications first must be filed 2. prisoners who are sixty (60) years old and above;
with a reviewing agency such as the state board of 3. physical disability such as when the prisoner is
pardon and parole before being seen by the bedridden, a deaf mute, a leper, a cripple or is blind
appropriate government head. or similar disabilities;
4. serious illness and other life-threatening disease as
WHY IT IS EXTENDED certified by a government physician;
In general, Executive Clemency is often extended for 5. those prisoners recommended for the grant of
humanitarian reasons, such as to an aged and ill inmate executive clemency by the trial/appellate court as
who needs specialized medical care. Inmates who suffer stated in the decision;
from serious, contagious, or life threatening illness or 6. alien prisoners where diplomatic considerations
disease and those prisoners with severe disability can now and amity between nations necessitate review;
be recommended for executive clemency. 7. circumstances which show that his continued
The condition of the inmate should be certified “under imprisonment will be inhuman or will pose a grave
oath” by a physician of the Bureau of Corrections Hospital danger to the life of the prisoner or his co-inmates;
and likewise certified under oath by a physician designated and,
by the Department of Health (DOH 8. such other similar or analogous circumstances
It is also extended in the following instances: whenever the interest of justice will be served
3. When there is real doubt about the guilt of the thereby.
party.
4. When the sentence given is Apparently excessive FILING OF PETITION
5. When the party is a political or personal friend of A formal petition for executive clemency addressed as
the President. follows shall be submitted to the Board before the question
6. To clear the record of some who has demonstrated of said clemency will be considered:
rehabilitation or public service. "The President of the Philippines
Thru: The Chairman
FACTORS TO BE CONSIDERED IN PETITION FOR Board of Pardons and Parole
CONDITIONAL PARDON, COMMUTATION OF SENTENCE OR DOJ Agencies Bldg., NIA Road cor. East Avenue
PAROLE - The following factors may be considered by the Diliman, Quezon City"
Board in the grant of conditional pardon, commutation of
sentence or parole: Petitions for parole shall be addressed to the Chairman
a. the age of the petitioner, the gravity of the offense or to the Executive Director of the Board.
and the manner in which it was committed, and However, the Board may, motu proprio , consider cases
the institutional behavior or conduct and previous for parole, commutation of sentence or conditional pardon
criminal record, if any; of deserving prisoners whenever the interest of justice will
b. evidence that petitioner will be legitimately be served thereby.
employed upon release;

Crim.
CONTENTS OF PETITION EXCERPTS FROM THE AMENDED GUIDELINES FOR

1. Name of the prisoner RECOMMENDING EXECUTIVE CLEMENCY, REVISED
2. Age MANUAL, BOARD OF PARDONS AND PAROLE (2006)
3. Previous criminal record
4. Whether a Filipino citizen or an alien and, if a SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE
naturalized Filipino, his former nationality and date CLEMENCY
of naturalization, The Board [of Pardons and Parole] may consider cases
5. Previous occupation for executive clemency upon petition, or referral by the
6. Place of residence Office of the President, or motu proprio.
7. Present crime for which he was convicted,
8. Trial/Appellate court, SECTION 3. EXTRAORDINARY CIRCUMSTANCES
9. His penalty of imprisonment, fine, indemnity and The Board shall recommend to the President the grant of
the commencing date thereof executive clemency when the following extraordinary
10. Jail or prison to which he was committed and/or circumstances are present such that a strict application of
where he is presently confined the law will result in manifest injustice:
11. Date he was received for confinement 1. The trial court or appellate court in its decision
12. Grounds upon which executive clemency is being recommended the grant of executive clemency for
asked and certification from the trial court that his the prisoner;
case is not on appeal. 2. Under the peculiar circumstances of the case, the
NOTA BENE: A petition for absolute pardon shall be penalty imposed is too harsh compared to the
under oath and shall include the date the petitioner crime committed;
was released from prison after service of sentence or 3. Evidence which the court failed to consider, before
released on parole/pardon or terminated from conviction, which would have justified an acquittal
probation. of the accused;
4. Prisoners who were over nine (9) years old but
REFERRAL OF PETITION FOR EXECUTIVE under eighteen (18) years of age at the time of the
CLEMENCY/PAROLE TO OTHER GOVERNMENT AGENCIES commission of the offense;
a. Secretary of National Defense - If the crime 5. Prisoners who are (70) years old and above who
committed by the petitioner is against national have served at least five (5) years of their sentence
security or public order or law of nations. or those whose continued imprisonment is inimical
b. Commission on Elections - In case of violation of to their health as recommended by a physician
election laws, rules and regulations. designated by the Department of Health or
c. Department of Foreign Affairs - In case of an alien. designated by the Malacañang Clinic Director;
6. Prisoners who suffer from serious and life-
PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY threatening illness/disease or severe physical
Prisoners who escaped or evaded service of sentence disability such as those who are totally blind,
are not eligible for executive clemency for a period of one paralyzed, bedridden, etc., as recommended by a
(1) year from the date of their last recommitment to prison physician of the Bureau of Corrections Hospital and
or conviction for evasion of service of sentence. certified by a physician designated by the
Department of Health or designated by the
TRANSMITTAL OF CARPETA AND PRISON RECORD Malacañang Clinic Director;
In executive clemency/parole cases, the Director or 7. Alien prisoners where diplomatic considerations
Warden concerned shall forward the prison record and and amity among nations necessitate review;
carpeta of a petitioner at least one (1) month prior to the 8. Such other similar or analogous circumstances
eligibility for review as specified in Sections 10 and 13 of whenever the interest of justice will be served
these Rules. thereby.
The Director or Warden concerned shall also furnish
the Board and the Administration on or before the fifth day SECTION 4. OTHER CIRCUMSTANCES
of every month, a list of prisoners whose minimum When none of the extraordinary circumstances exist,
sentences will expire within ninety (90) days and those who the Board may nonetheless review and/or recommend to
may be considered for executive clemency. the President the grant of executive clemency to a prisoner
upon any of the following grounds:

Crim.
1. When he is suffering from severe physical disability

as when he is a deaf-mute, a leper, a cripple, or is PARDON
partially blind, etc., as recommended by a physician
of the Bureau of Corrections Hospital and certified
by a physician designated by the Department of WHAT IS PARDON?
Health or designated by the Malacañang Clinic It is a form of executive clemency granted by the
Director; President of the Philippines as a privilege to a convict as a
3. When he is suffering from serious illness as discretionary act of grace.
recommended by a physician of the Bureau of A pardon is the remission of a penalty. It is an act of
Corrections Hospital and certified by a physician grace or forgiveness that relieves the person pardoned
designated by the Department of Health or from some or all of the ramifications of lawful punishment.
designated by the Malacañang Clinic Director; A pardon may be conditional or unconditional. Pardons do
4. Such other circumstances whenever the interest of not erase or seal a conviction; a pardon forgives guilt. It
justice will be served thereby. vested to the Chief Executive (The President) as a matter of
Provided, that a petition for executive clemency under power.
this section may be reviewed only if the petitioner meets Pardon is “an act of grace, proceeding from the power
the following minimum requirements: entrusted with the execution of the laws, which exempts
the individual, on whom it is bestowed, from the
SECTION 5. EXCEPTIONS punishment the law inflicts for a crime he has committed. It
Even with the existence of any of the circumstances is the private, though official act of the executive
enumerated in Sections 3 and 4, the Board shall not magistrate, delivered to the individual for whose benefit it
favorably recommend petitions for executive clemency of is intended, and not communicated officially to the Court. A
the following prisoners: pardon is a deed, to the validity of which delivery is
1. Those convicted of Evasion of Service of Sentence; essential, and delivery is not complete without
2. Those who violated the conditions of their acceptance.”
Conditional Pardon; Neither the legislative nor the judiciary branch of the
3. Those who are habitual delinquents or recidivists; government has the power to set conditions or establish
4. Those convicted of Kidnapping for Ransom; procedures for the exercise of this Presidential prerogative.
5. Those convicted of violation of Republic Act No. When a pardon is granted, the convicted offender is
6425, as amended, otherwise known as "The forgiven the crime and its penalty. A head of state or
Dangerous Drugs Act of 1972", or Republic Act government generally grants it when the convicted
9165, also known as the Dangerous Durgs act of individual has fulfilled his or her debt to society or is
2002", and other drug related offenses except somehow otherwise worthy of being forgiven the crime. A
those convicted only of use and/or possession of pardon does not erase the conviction, but it can in some
prohibited or regulated drugs; jurisdictions remove some of the disqualifications caused
6. Those convicted of offenses committed under the by it.
influence of drugs;
7. Those whose release from prison would pose a ABOUT PARDON
threat to the public safety or would constitute a 1. It is the remission of a penalty.
danger to society; and 2. It is an act of grace.
8. Those suffering from dementia or insanity. 3. It is may be conditional or unconditional.
Above notwithstanding, in view of diplomatic 4. It does not erase or seal a conviction.
considerations and upon recommendation of the 5. It forgives guilt either from the crime and its
Department of Foreign Affairs, the grant of executive penalty.
clemency may be availed by a foreign prisoner or alien 6. It is vested to the Chief Executive.
serving a prison sentence in the Philippines, as an 7. It is the private act but official act of the president.
opportunity for securing the release of Filipino 8. It is not communicated officially to the Court.
convicts, if any in the country of the convicted 9. It is a deed, to the validity of which delivery is
foreigner or alien. essential, and delivery is not complete without
acceptance.
10. Neither the legislative nor the judiciary branch of
the government has the power to set conditions or

Crim.
establish procedures for the exercise of this Monsanto must first seek appointment and that the
Presidential prerogative. pardon does not reinstate her former position. Also,
Monsanto avers that by reason of the pardon, she
TWO TYPES OF PARDON should no longer be compelled to answer for the civil
1. Absolute Pardon-It refers to the total extinction of
liabilities brought about by her acts.
the criminal liability of the individual to whom it is
granted without any condition whatsoever and
restores to the individual his civil rights and remits ISSUE:
the penalty imposed for the particular offense of Whether or not Monsanto should be
which he was convicted. reinstated to her former post.
HELD:
PURPOSE: A pardon looks to the future. It is not
1. To right a wrong retrospective. It makes no amends for the past. It
2. To normalize a tumultuous political situation. affords no relief for what has been suffered by the
offender. It does not impose upon the government
Absolute Pardon is also granted by a President
any obligation to make reparation for what has been
to an imprisoned president the incumbent has
deposed. suffered. “Since the offense has been established by
Absolute Pardon is granted in order to restore judicial proceedings, that which has been done or
full political and civil rights to convicted persons suffered while they were in force is presumed to have
who have already served their sentenced and have been rightfully done and justly suffered, and no
reached the prescribed period for the grant of satisfaction for it can be required.” This would explain
Absolute Pardon. why petitioner, though pardoned, cannot be entitled
to receive backpay for lost earnings and benefits. On
2. Conditional Pardon-It refers to the exemption of the other hand, civil liability arising from crime is
an individual, within certain limits or conditions;
governed by the RPC. It subsists notwithstanding
from the punishment that the law inflicts for the
service of sentence, or for any reason the sentence is
offenses he has committed resulting in the partial
extinction of his criminal liability. It is also granted not served by pardon, amnesty or commutation of
by the President of the Philippines to release an sentence. Petitioner’s civil liability may only be
inmate who has been reformed but is not eligible extinguished by the same causes recognized in the
to be released on parole. Civil Code, namely: payment, loss of the thing due,
remission of the debt, merger of the rights of creditor
PARDON DOES NOT EXTINGUISH CIVIL LIABILITIES & and debtor, compensation and novation.
IT IS PROSPECTIVE
MONSANTO VS. FACTORAN PARDON – RESTORATION OF CIVIL & POLITICAL RIGHTS

G.R. NO. 78239 FEBRUARY 9, 1989
CRISTOBAL VS. LABRADOR
FACTS: G.R. No. L-47941, December 7, 1940
Monsanto was the Asst Treasurer of Calbayug
City. She was charged for the crime of Estafa through FACTS:
Santos was convicted of the crime of estafa. He
Falsification of Public Documents. She was found
was given pardon by the president but even prior to his
guilty and was sentenced to jail. She was however pardon he was already holding the position as the
granted pardon by Marcos. She then wrote a letter to municipality president of Malabon notwithstanding his
the Minister of Finance for her to be reinstated to her conviction. Cristobal, on the other hand, averred that
former position since it was still vacant. She was also Santos should be excluded from the list of electors in
requesting for back pays. The Minister of Finance Malabon because he was already convicted of final
referred the issue to the Office of the President and judgment “for any crime against property”. This is pursuant
Factoran denied Monsanto’s request averring that to CA 357 of the New Election Code. The lower court
presided by Labrador ruled that Santos is exempt from the

Crim.
provision of the law by virtue of the pardon restoring the b. It may be exercised only after conviction by final
respondent to his “full civil and political rights, except that judgment except amnesty;
with respect to the right to hold public office or c. It may not be exercised over legislative or civil
employment, he will be eligible for appointment only to contempt (as for refusing to answer a proper
positions which are clerical or manual in nature and question as a witness in a case);
involving no money or property responsibility.” d. In case of violation of election law or rules and
regulations without favorable recommendations of
ISSUE: the COMELEC;
Whether or not Santos should not be excluded as e. It cannot be exercised to violation of tax laws.
an elector. f. It cannot absolve convict of civil liability
HELD: g. It cannot restore public offices forfeited.
It should be observed that there are two
limitations upon the exercise of this constitutional NOTA BENE: The limitations provided under the
prerogative by the Chief Executive, namely: (a) that the Constitution are: (1) No pardon may be granted
power be exercised after conviction; and (b) that such in impeachment cases; (2) No pardon may be granted when
power does not extend cases of impeachment. Subject to otherwise provided under the Constitution, specifically Sec.
the limitations imposed by the Constitution, the pardoning 5, Article IX-C, which provides that “No pardon, amnesty,
power cannot be restricted or controlled by legislative parole or suspension of sentence for violation of elections
action. It must remain where the sovereign authority has laws, rules, and regulations shall be granted by the
placed it and must be exercised by the highest authority to President without the favorable recommendation of the
whom it is entrusted. An absolute pardon not only blots out [COMELEC]“; and (3) It may only be granted “after
the crime committed, but removes all disabilities resulting conviction by final judgment”.
from the conviction. In the present case, the disability is the
result of conviction without which there would be no basis WHAT IS THE EFFECT OF PARDON?
for disqualification from voting. Imprisonment is not the While a pardon has generally been regarded as blotting
only punishment which the law imposes upon those who out the existence of guilt so that in the eye of the law the
violate its command. There are accessory and resultant offender is as innocent as though he never committed the
disabilities, and the pardoning power likewise extends to offense, it does not operate for all purposes. The very
such disabilities. When granted after the term of essence of a pardon is forgiveness or remission of guilt.
imprisonment has expired, absolute pardon removes all Pardon implies guilt. It does not erase the fact of the
that is left of the consequences f conviction. In the present commission of the crime and the conviction thereof. It does
case, while the pardon extended to respondent Santos is not wash out the moral stain. It involves forgiveness and
conditional in the sense that “he will be eligible for not forgetfulness.
appointment only to positions which a e clerical or manual The better considered cases regard full pardon (at least
in nature involving no money or property responsibility,” it one not based on the offender’s innocence) as relieving the
is absolute insofar as it “restores the respondent to full civil party from all the punitive consequences of his criminal act,
and political rights. Upon other hand, the suggestion that including the disqualifications or disabilities based on the
the disqualification imposed in par (b) of sec 94 of CA 357, finding of guilt. But it relieves him from nothing more. “To
does not fall within the purview of the pardoning power of say, however, that the offender is a “new man”, and “as
the president, would lead to the impairment of the innocent as if he had never committed the offense;” is to
pardoning power of the president, not contemplated in the ignore the difference between the crime and the criminal. A
Constitution, and would lead furthermore to the result that person adjudged guilty of an offense is a convicted criminal,
there would be no way of restoring the political privilege in though pardoned; he may be deserving of punishment,
a case of this nature except through legislative action. though left unpunished; and the law may regard him as
more dangerous to society than one never found guilty of
LIMITATIONS OF THE PARDONING POWER OF THE crime, though it places no restraints upon him following his
PRESIDENT conviction.”
The following are the limitations of the pardoning A pardon looks to the future. It is not retrospective. It
power of the President: makes no amends for the past. It affords no relief for what
a. It may not be exercised for offenses in has been suffered by the offender. It does not impose upon
impeachment cases; the government any obligation to make reparation for
what has been suffered. “Since the offense has been

Crim.
established by judicial proceedings, that which has been not administrative cases; that there has been no final
done or suffered while they were in force is presumed to judgement of the private respondent's motion for
have been rightfully done and justly suffered, and no reconsideration; and that his constitutional rights to
satisfaction for it can be required.” due process were violated.
WHAT IS THE CONSTITUTIONAL BASIS OF PARDON?
The power to pardon, which is a form of executive ISSUE:
clemency, is given to the President under Section 19, Article 1. WON the president has the power to grant
VII of the Constitution. It reads: Except in cases executive clemency in administrative cases.
of impeachment, or as otherwise provided in this 2. WON there has been a final judgment.
Constitution, the President may grant reprieves, 3. WON the petitioner's constitutional rights
commutations, and pardons, and remit fines and forfeitures, were violated.
after conviction by final judgment.
He shall also have the power to grant amnesty with the HELD:
concurrence of a majority of all the members of the 1. Yes. The president can grant executive
Congress.
clemency based in Art. VII sec. 19 of the
HOW IS PARDON DIFFERENT FROM PROBATION? constitution. The petitioner's contention that
Probation and pardon are not the same. Probation is “a the president may only grant executive
disposition under which a defendant, after conviction and clemency to criminal cases based on
sentence, is released subject to conditions imposed by the said provision is untenable because the
court and to the supervision of a probation officer.” Constitution does not distinguish between
Probation is a part of the judicial power, while pardon is a cases executive clemency may be exercised by
part of the executive power. The suspension of the the President, with the sole exclusion of
sentence under probation simply postpones the judgment impeachment cases. Ubi lexnon distinguit,
of the court temporarily or indefinitely, but the conviction
necnos distinguire debemos. If the law does
and liability following it, and the civil disabilities, remain and
not distinguish, we must not distinguish. Also
become operative when judgment is rendered.
a number of laws impliedly or expressly
PARDON – APPLICABLE TO ADMINISTRATIVE CASES recognize the exercise of executive clemency
in administrative cases. One example of which
LLAMAS VS. ORBOS is Sec. 43 of PD 807 which provides that
G.R. NO. 99031, OCTOBER 15, 1991 in meritorious cases, the president may
commute or remove administrative penalties
FACTS: or disabilities issued upon officers and
Rodolfo Llamas is the incumbent Vice- employees in disciplinary cases. Moreover, the
governor of Tarlac, and on March 1, 1991, he assumed intent of the constitutional commission is to
office by virtue of a decision of the Office of the give the president the power to
President, the governorship. grant executive clemency and is not be limited
Mariano Ocampo III is the incumbent in terms of coverage, except as already
governor and was suspended from office due to provided in the constitution.
having been found guilty of having violated the Anti- Therefore SC held that pardon is
Graft and Corrupt Practices Act. Oscar Orbos was the applicable to Administrative cases. The SC
Executive Secretary at the time of the petition, and is does not clearly see any valid and convincing
being impleaded herein in that official capacity for reason why the President cannot grant
having issued, by authority of the President, the executive clemency in administrative cases. It
assailed Resolution granting executive clemency to is a considered view that if the President can
Llamas thus, putting him back to his position as the grant reprieves, commutations and pardons,
governor of tarlac. Petitioner contends that executive and remit fines and forfeitures in criminal
clemency could only be granted to criminal cases and cases, with much more reason can she grant

Crim.
executive clemency in administrative cases, G.R. NO. 135457. SEPTEMBER 29, 2000

which are clearly less serious than criminal
offenses. FACTS:
That on or about the 30th day of June, 1987 at
2. Yes. There has been a final judgment because about 10:00 o'clock in the evening in the Municipality
upon the acceptance of the presidential of Donsol, Province of Sorsogon, Philippines and
pardon, the grantee is deemed to have waived within the jurisdiction of this Honorable Court, the
any appeal which he may have filed. above-named accused conspiring, confederating and
mutually helping one another, armed with guns,
3. No. the petitioner's constitutional rights to forcibly took away ALFREDO AREVALO from his
due process was not violated because his residence and brought him to Sitio Abre, Mabini,
being not notified of the subject of pardon is Donsol, Sorsogon, and did then and there willfully,
based on the fact that pardon is the private, unlawfully and feloniously with intent to kill, with
though official, act of the executive treachery and evident premeditation, attack, assault
magistrate, delivered to the individual for and shoot ALFREDO AREVALO thereby inflicting upon
whose benefit it is intended and not him mortal wounds, which directly caused his death
communicated officially to the court. Thus, to the damage and prejudice of his legal heirs.
said notice is unnecessary Accused-appellant Jose Patriarca, Jr. appeals
the decision of the Regional Trial Court at Sorsogon,
HOW IS PARDON DIFFERENT FROM COMMUTATION AND Sorsogon, Branch 52, in Criminal Case No. 2773
REPRIEVE? convicting him of murder and sentencing him to
Commutation” is a remission of a part of the reclusion perpetua. He was also charged with Murder
punishment; a substitution of a less penalty for the one for the killing of one Rudy de Borja and a certain Elmer
originally imposed.
Cadag under Information’s docketed as Criminal Cases
A “reprieve” or “respite” is the withholding of the
sentence for an interval of time, a postponement of Nos. 2665 and 2672, respectively.
execution, a temporary suspension of execution. Accused-appellant applied for amnesty under
Proclamation No. 724 amending Proclamation No.
347, dated March 25, 1994, entitled "Granting
Amnesty to Rebels, Insurgents, and All Other Persons
Who Have or May Have Committed Crimes Against
AMNESTY Public Order, Other Crimes Committed in Furtherance
of Political Ends, and Violations of the Article of War,
and Creating a National Amnesty Commission." His
WHAT IS AMNESTY
application was favorably granted by the National
A general pardon extended to a group of persons, such
Amnesty Board.
a political offenders purposely to bring about the return of
dissidents to their home and to restore peace and order in
the community. It Is generally exercised by the Chief ISSUE:
Executive with the concurrence of congress. WON accused be granted an amnesty.
It is an act of sovereign power granting oblivion or
general pardon for past offense and rarely, if ever, HELD:
exercised in favor of single individual is usually exerted in This Court takes judicial notice of the grant of
behalf of certain classes of person who are subjected to amnesty upon accused-appellant Jose N. Patriarca, Jr.
trial but not have been convicted. Once granted, it is binding and effective. It serves to
put an end to the appeal.
NOTA BENE: Amnesty can be availed of before, during and
after the trial of the case, even after conviction.
Pardon is granted by the Chief Executive. It is
a private act, which must be pleaded and proved by
PEOPLE VS. PATRIARCA the person pardoned, because the courts take no

Crim.
notice thereof; while amnesty by Proclamation of the Amnesty Pardon

Chief Executive with the concurrence of Congress is a Granted for political Granted for any offense
public act of w/c the courts should take judicial notice. offenses
Pardon is granted to one after conviction; while Granted to classes of Granted to individuals
amnesty is granted to classes of person or persons or communities
May be granted at any time Granted after final
communities who may be guilty of political offenses,
conviction
generally before or after the institution of the criminal
Need not be accepted Must be accepted
prosecution and sometimes after conviction. Pardon Requires the concurrence of Does not need the
looks forward and relieves the offender from the congress concurrence of congress
consequences of an offense of which he has been Public act which the court Private act which must be
convicted, it abolishes or forgives the punishment may take judicial notice pleaded and proved by the
thus it does not work the restoration of the rights to person pardoned
hold public office or right of suffrage unless such Looks backward and puts Looks forward and relieves
rights be expressly restored by the 10 terms of the the offense into oblivion the offender from the
pardon and it in no case exempts the culprit from the consequences of his offense
payment of the civil indemnity imposed upon him by
the sentence (Article 36, Revised Penal Code). While ADMISSION OF GUILT
amnesty looks backward and abolishes and puts into
oblivion the offense itself, it so overlooks and GAUDENCIO VERA VS. PEOPLE OF THE PHILIPPINES
obliterates the offense with which he is charged that AMNESTY – REVERSAL OF THE DOCTRINE HELD IN THE
the person released by amnesty stands before the law BARRIOQUINTO CASE
precisely as though he had committed no offense." FACTS:
Vera, together with 92 others were charged
DIFFERENCES BETWEEN AMNESTY AND PARDON for the crime of kidnapping with murder done against
a certain Lozaňes. The said crime was committed
7. As to the number of those who can avail: Pardon allegedly to aid the Japanese occupation. During the
includes any crime and is exercised individually by the hearing, none of the petitioners-defendants admitted
Chief Executive, while amnesty is a blanket pardon having committed the crime charged. In fact,
granted to a group of prisoners, generally political
Gaudencio Vera, the only defendant who took the
prisoners.
witness stand, instead of admitting the killing of the
8. As to the Time to Avail: Pardon is exercised when the
person is already convicted, while amnesty maybe deceased Lozañes, categorically denied it. Hence, the
given before trial or investigation is done. Amnesty Commission held that it could not take
9. As to the Consent of Congress: Pardon is granted by cognizance of the case, on the ground that the
the Chief Executive and such as private act, which must benefits of the Amnesty Proclamation, could be
plead and proved by the person pardoned because the invoked only by defendants in a criminal case who,
court takes no choice thereof. While amnesty is by admitting the commission of the crime, plead that
proclamation with concurrence of congress, and it is a said commission was in pursuance of the resistance
public act, which the court should take judicial notice. movement and perpetrated against persons who
10. As to the Effect: Pardon is an act of forgiveness, i.e. it
aided the enemy during the Japanese occupation.
relieves the offender from the consequences of the
Consequently, the Commission ordered that the case
offense, while amnesty is an act of forgetfulness. i.e. it
puts into oblivion the offense of which one is charged be remanded to the court of origin for trial.
so that the person as if he had never committed the
offense. ISSUE:
11. As to the Crime committed: Pardon is granted for Whether or not the accused can avail of
infractions of the peace of the State while amnesty, for amnesty sans admission of guilt.
crimes against sovereignty of the state (ex. political
offense) HELD:

Crim.
It is rank inconsistency for appellant to justify applications were processed and ready for action as of 28
an act, or seek forgiveness for an act which, according July 1992, and who applied for amnesty under Executive
to him, he has not committed. Amnesty presupposes Order No. 350 from 28 July 1992 up to 31 December 1992;
the commission of a crime, and when an accused WHEREAS, after the lapse of the period for application
for the grant of amnesty under Proclamation Nos. 10 and
maintains that he has not committed a crime, he
10-A, many more rebels and insurgents, who may have
cannot have any use for amnesty. Where an amnesty committed unlawful acts in pursuit of their political beliefs,
proclamation imposes certain conditions, as in this have returned or expressed their desire and readiness to
case, it is incumbent upon the accused to prove the return to the fold of the law and join the mainstream of
existence of such conditions. The invocation of Philippine society; and
amnesty is in the nature of a plea of confession and WHEREAS, there is a need for government to act on
avoidance, which means that the pleader admits the rebel and insurgent returnees’ request for the grant of
allegations against him but disclaims liability therefore amnesty so that they may live in peace in the pursuit of
on account of intervening facts which, if proved, productive endeavors without prejudice to any legal
arrangement that may result from a negotiated settlement
would bring the crime charged within the scope of the
which the government is pursuing with the various rebel
amnesty proclamation. The present rule requires a
and insurgent groups.
previous admission of guilt since a person would not NOW, THEREFORE, I, FIDEL V. RAMOS, President of the
need the benefit of amnesty unless he was, to begin Republic of the Philippines, by virtue of the powers vested
with, guilty of the offense covered by the in me by Section 19, Article VII of the Constitution, do
proclamation. hereby declare and proclaim:
Section 1. Grant of Amnesty. – Amnesty is hereby granted

LAW ON AMNESTY to all persons who shall apply therefor and who have or
may have committed crimes, on or before thirty (30) days
PROCLAMATION NO. 347 following the publication of this Proclamation in two (2)
GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL newspapers of general circulation, in pursuit of political
OTHER PERSONS WHO HAVE OR MAY HAVE COMMITTED beliefs, whether punishable under the Revised Penal Code
CRIMES AGAINST PUBLIC ORDER, OTHER CRIMES or special laws, including but not limited to the following:
COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND rebellion or insurrection; coup d’etat; conspiracy and
VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A proposal to commit rebellion, insurrection or coup d’etat;
NATIONAL AMNESTY COMMISSION disloyalty of public officers or employees; inciting to
rebellion or insurrection; sedition; conspiracy to commit
WHEREAS, the peace process, as an anchor of political, sedition; inciting to sedition; illegal assembly; illegal
economic and social stability and development, has steadily association; direct assault; indirect assault; resistance and
moved forward with the overwhelming acceptance and disobedience to a person in authority or the agents of such
support of the Filipino people; person; tumults and other disturbances of public order;
WHEREAS, to enhance and hasten the peace process, unlawful use of means of publication and unlawful
there is a need to reintegrate, as soon as possible, all rebels utterances; alarms and scandals; illegal possession of
and insurgents into the mainstream of society under the firearms, ammunition or explosives, committed in
rule of law, including those who may have committed furtherance of, incident to, or in connection with the crimes
unlawful acts in furtherance of their respective political of rebellion or insurrection and violations of Articles 59
beliefs; (desertion), 62 (absence without leave), 67 (mutiny or
WHEREAS, the grant of amnesty to those who may sedition), 68 (failure to suppress mutiny or sedition), 94
have committed unlawful acts in pursuit of their political (various crimes), 96 (conduct unbecoming an officer and a
beliefs is one of the six paths to the attainment of a just and gentlemen), and 97 (general article) of the Articles of War;
lasting peace as recommended by the National Unification Provided, that the amnesty shall not cover crimes against
Commission; chastity and other crimes committed for personal ends.
WHEREAS, amnesty was proclaimed under
Proclamation Nos. 10 and 10-A, which proclamations Section 2. Effects. – (a) Amnesty under this Proclamation
however extended only to those who applied for amnesty shall extinguish any criminal liability for acts committed in
under Executive Order No. 350, Series of 1989, and whose pursuit of a political belief, without prejudice to the

Crim.
grantee’s civil liability for injuries or damages caused to assistance in the efficient and effective
private persons. The grant of amnesty shall also effect the implementation of its functions;
restoration of civil or political rights suspended or lost by (d) Constitute Local Amnesty Boards in such
virtue of criminal conviction. provinces, cities, and municipalities as may be
(b) The amnesty herein proclaimed shall not ipso necessary; and
facto result in the reintegration or reinstatement into the (e) Perform such other functions necessary for the
service of former Armed Forces of the Philippines and proper implementation of this Proclamation as
Philippine National Police personnel. Reintegration or may be authorized by the President.
reinstatement into the service shall continue to be The Commission shall be composed of seven (7)
governed by existing laws and members: a chairperson and three (3) regular members to
regulations; Provided, however, that the amnesty shall be appointed by the President; the Secretary of Justice, the
reinstate the right of AFP and PNP personnel to retirement Secretary of National Defense and the Secretary of the
and separation benefits, if so qualified under existing laws, Interior and Local Government as ex-officio members.
rules and regulations at the time of the commission of the The amounts necessary for the operational and
acts for which amnesty is extended, unless they have administrative expenses of the Commission shall be funded
forfeited such retirement and separation benefits for from the budget of the Office of the President.
reasons other than the acts covered by this Proclamation. The term of the Commission shall expire upon the
completion of its assigned tasks as may be determined by
Section 3. Firearms. – The surrender of firearms, the President.
ammunitions and explosives shall not be a condition for
amnesty. Applicants for amnesty may surrender their Section 5. Who May Apply. – All persons who have or may
firearms within sixty (60) days from the effectivity of this have committed the crimes enumerated in Section 1, within
Proclamation without incurring liability for illegal the period prescribed therein, including those detained,
possession thereof. The Government shall continue to charged, or convicted for the commission of the same
encourage rebels and insurgents to turn-in firearms, crimes, may apply with the Commission for the grant of
ammunition and explosives which may be in their amnesty.
possession.
Section 6. Application Period. – Applications for the grant
Section 4. National Amnesty Commission. – There is hereby of amnesty shall be filed under oath with the Commission
created a National Amnesty Commission, hereinafter within six (6) months from the effectivity of this
referred to as the Commission, which shall be primarily Proclamation.
tasked with receiving and processing applications for
amnesty, and determining whether the applicants are Section 7. Effectivity. – This Proclamation shall take effect
entitled to amnesty under this Proclamation. Final decisions upon concurrence by a majority of all the Members of the
or determinations of the Commission shall be appealable to Congress.
the Court of Appeals.
Pursuant to its functions, the Commission shall be DONE in the City of Manila, this 25th day of March in the
authorized to: year of Our Lord, Nineteen Hundred and Ninety-Four.
(a) Administer oaths, summon witnesses and require
the production of documents by subpoena duces
tecum; Provided, that the testimonies of the PROCLAMATION NO. 724
applicant and his witnesses for a grant of amnesty, AMENDING PROCLAMATION NO. 347 DATED MARCH 25,
and any evidence presented by him before the 1995
Commission not otherwise, available to the
prosecution, shall not be used as evidence against WHEREAS, on March 25, 1994, President Fidel V. Ramos
the applicant in any other proceeding where the issued Proclamation No. 347 entitled “Granting Amnesty to
amnesty is not in issue, except for perjury Rebels, Insurgents, and All Other Persons Who Have or May
committed in so testifying; Have Committed Crimes Against Public Order, Other Crimes
(b) Promulgate rules and regulations subject to the Committed in Furtherance of Political Ends, and Violations
approval of the President; of the Articles of War, and Creating a National Amnesty
(c) Call on any Government office, body, agency, Commission,” which was concurred in by both Houses of
instrumentality, council and commission to render

Crim.
Congress on June 2, 1994 through Concurrent Resolution insurrection, or coup d’etat; disloyalty of public officers or
No. 12 as provided for by the Constitution; employees; inciting to rebellion or insurrection; sedition;
WHEREAS, when the prescribed period for filing of conspiracy to commit sedition; inciting to sedition; illegal
applications for amnesty lapsed on June 1, 1995, 7,166 assembly; illegal association; direct assault; indirect assault;
applications were recorded to have been filed with the resistance and disobedience to a person in authority or
National Amnesty Commission and the nineteen (19) Local agents of such person; tumults and other disturbances of
Amnesty Boards nationwide; public order; unlawful use of means of publication and
WHEREAS, after June 1, 1995, the National Amnesty unlawful utterances; alarms and scandals; illegal possession
Commission and its nineteen (19) Local Amnesty Boards of firearms, ammunitions, and explosives, committed in
throughout the country have reported that many other furtherance of, incident to, or in connection with the crimes
rebels and insurgents voluntarily returned to the folds of of rebellion and insurrection; and violations of Articles 59
the law and filed applications for amnesty or otherwise (desertion), 62 (absence without leave), 67 (mutiny or
expressed their desire to avail of amnesty; sedition), 68 (failure to suppress mutiny or sedition), 94
WHEREAS, in the course of processing amnesty (various crimes), 96 ( conduct unbecoming an officer and
applications, the National Amnesty Commission has been gentleman), and 97 (general article) of the Articles of War;
constrained to deny amnesty to persons who were found Provided, That the amnesty shall not cover crimes against
to have committed acts/crimes clearly in pursuit of their chastity and other crimes for personal ends.”
political belief because their acts/crimes were committed
after April 30, 1994 but before June 1, 1995, which is beyond SEC. 2. Re-opening of Application Period. Applications for
the period of coverage of Proclamation No. 347; or because the grant of amnesty under Proclamation No. 347 dated
they filed their applications beyond the deadline of June 1, March 25, 1994, as amended by this Proclamation, shall be
1995; filed with the National Amnesty Commission within ninety
WHEREAS, the sincere desire of the foregoing rebels (90) days from the effectivity of this Proclamation.
and insurgents to return to the folds of the law cannot be
ignored by the Government if it is to pursue a true, SEC. 3. Effectivity. This Proclamation shall take effect upon
comprehensive, just, and lasting peace; the concurrence by a majority of all Members of Congress.
WHEREAS, by virtue of the General Agreement for DONE in the City of Manila this 17th day of May in the year
Peace dated October 13, 1995 signed between the of Our Lord, Nineteen Hundred and Ninety-Six.
Government and the RAM-SFP-YOU, Proclamation No. 723
was issued granting amnesty to members and supporters
of the RAM-SFP-YOU and allowing those inadvertently
omitted from the said list to apply individually for amnesty; COMMUTATION OF
WHEREAS, in the interest of equity and justice,
members of rebel groups other than the RAM-SFP-YOU SENTENCE
should also be entitled to file applications for amnesty after
the lapse of the period for application under Proclamation
No. 347; WHAT IS COMMUTATION OF SENTENCE?
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the The act of the president changing, reducing or
Republic of the Philippines, by virtue of the powers vested mitigating a heavier sentence to a lighter one or a longer
in me by Section 19, Article VII of the Constitution, do term into a shorter term. It may alter death sentence to life
hereby declare and proclaim: sentence or life sentence to a term of years.
It does not forgive the offender but merely to reduce
SECTION 1. Grant of Amnesty under Proclamation No. the penalty pronounce by the court.
347. Section 1 of Proclamation No. 347 is hereby amended It is a change of the decision of the court made by the
as follows: Chief Executive by reducing the degree of the penalty
“Section 1. Grant of Amnesty.- Amnesty is hereby granted inflicted upon the convict, or by decreasing the length of
to all persons who shall apply therefor and who have or the imprisonment of the original sentence.
may have committed crimes, on or before June 1, 1995, in A commutation of sentence takes place when the
pursuit of their political beliefs, whether punishable under sentence, generally one of imprisonment, is reduced to a
the Revised Penal Code or special laws, including but not lesser penalty or jail term. This type of clemency does not
limited to the following: rebellion or insurrection; coup void the conviction.
d’etat; conspiracy and proposal to commit rebellion,

Crim.
SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR Reprieve, in criminal law, the temporary suspension of
BY THE CODE: a sentence, such as a stay of execution, granted a person
1. When the convict sentenced to death is over 70 years convicted of a capital crime. A reprieve is usually granted by
of age; the sovereign or chief executive and also, in the United
2. When ten justices of the Supreme Court failed to States, by the governor of a state. In some cases it may be
reach a decision for the affirmation of the death granted by the court that tried the offender.
penalty; It is a postponement of sentence or temporary stay of
the execution of sentence especially the execution of the
In other cases, the degree of the penalty is reduced death sentence. Generally, Reprieve is extended to
from death to reclusion perpetua. prisoners sentenced to death.
In Commutation of Sentence consent of the offender is The date of execution of sentenced is set back several
not necessary. The public welfare, not his consent, days to enable the Chief to study the petition of the
determines what shall be done. condemned man for commutation of sentenced or pardon.
A reprieve is given to suspend the execution of a
WHO MAY FILE A PETITION FOR COMMUTATION OF sentence in order to give the prisoner time to find ways to
SENTENCE? have it reduced. With respect to capital cases, a reprieve is
The Board may review the petition of a prisoner for given to suspend the execution of the death penalty for a
commutation of sentence if he/she meets the following period of time to consider whether or not it should be
minimum requirements: imposed.
1. At least one half (1/2) of the minimum of his
indeterminate and/or definite prison term or the PURPOSE OF REPREIVE
aggregate minimum of his determinate and/or The purpose of the reprieve is generally to allow an
prison terms; investigation into the legality of the conviction or into
2. At least ten (10) years for prisoners sentenced to alleged newly discovered evidence in favor of the convicted
one (1) reclusion perpetua or one (1) life person. A reprieve delays an execution but, unlike a pardon
imprisonment, for crimes/offenses not punishable or a commuted sentence, does not negate a sentence
under Republic Act 7659 and other special laws; unless the reinvestigation shows that the prisoner has been
3. At least twelve (12) years, for prisoners whose unjustly tried or sentenced.
sentences were adjusted to forty (40) years in
accordance with the provisions of Article 70 of the GCTA – is a privilege granted to a prisoner that shall entitle
Revised Penal Code, as amended; him to a deduction of his term of imprisonment.
4. At least fifteen (15) years for prisoners convicted of
heinous crimes as defined in Republic Act 7659 Under Art.97, RPC, the GCTA are:
committed on or after January 1, 1994 and 1. 5 days per month during the first 2 years of
sentenced to one (1) reclusion perpetua or one (1) imprisonment
life imprisonment; 2. 8 days per month during the 3 rd to 5th years of
5. At least seventeen (17) years for prisoners imprisonment
sentenced to two (2) or more reclusion perpetua 3. 10 days during the following years until the 10 th
or life imprisonment even if their sentences were years of imprisonment
adjusted to forty (40) years in accordance with the 4. 15 days during the 11th and successive years
provision of Article 70 of the Revised Penal Code,
as amended; Special Time Allowance for Loyalty (Art. 158, RPC)
6. At least twenty (20) years, for those sentenced to A deduction of 1/5 of the period of the sentence of
death which was automatically commuted or any prisoner who evaded the service of sentence on the
reduced to reclusion perpetua. occasion of disorders due to conflagrations, earthquakes,
or other calamities shall be granted if he returns to
authorities within 48 hours after the president declared
that the calamity is over.
REPRIEVE - Once granted hall not be revoked.
WHAT IS REPRIEVE

Crim.
APPENDICES
A. FULL TEXT OF PRESIDENTIAL
DECREE NO. 968
PRESIDENTIAL DECREE NO. 968
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES.
WHEREAS, one of the major goals of the government is to

establish a more enlightened and humane correctional
systems that will promote the reformation of offenders and
thereby reduce the incidence of recidivism;.
.
WHEREAS, the confinement of all offenders prisons and
other institutions with rehabilitation programs constitutes
an onerous drain on the financial resources of the country;
and.
WHEREAS, there is a need to provide a less costly
alternative to the imprisonment of offenders who are likely
to respond to individualized, community-based treatment
programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. — This Decree
shall be known as the Probation Law of 1976. It shall apply
to all offenders except those entitled to the benefits under
the provisions of Presidential Decree numbered Six
Hundred and three and similar laws.
Sec. 2. Purpose. — This Decree shall be interpreted so as to:
4. promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
5. provide an opportunity for the reformation of a
penitent offender which might be less probable if he
were to serve a prison sentence; and.
6. prevent the commission of offenses..
Sec. 3. Meaning of Terms. — As used in this Decree, the
following shall, unless the context otherwise requires, be
construed thus:
(a) "Probation" is a disposition under which a
defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to
the supervision of a probation officer..
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for
the court a referral for probation or supervises a
probationer or both.

Crim.
Sec. 4. Grant of Probation. — Subject to the provisions of (a) the offender is in need of correctional treatment that
this Decree, the court may, after it shall have convicted and can be provided most effectively by his commitment
sentenced a defendant and upon application at any time of to an institution; or
said defendant, suspend the execution of said sentence (b) there is undue risk that during the period of
and place the defendant on probation for such period and probation the offender will commit another crime;
upon such terms and conditions as it may deem best. or.
(c) probation will depreciate the seriousness of the
Probation may be granted whether the sentence imposes a offense committed..
term of imprisonment or a fine only. An application for Sec. 9. Disqualified Offenders. — The benefits of this
probation shall be filed with the trial court, with notice to Decree shall not be extended to those:
the appellate court if an appeal has been taken from the (b) sentenced to serve a maximum term of
sentence of conviction. The filing of the application shall be imprisonment of more than six years;
deemed a waiver of the right to appeal, or the automatic (c) convicted of any offense against the security of the
withdrawal of a pending appeal. State;
An order granting or denying probation shall not be (d) who have previously been convicted by final
appealable. judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of
Sec. 5. Post-sentence Investigation. — No person shall be not less than Two Hundred Pesos;
placed on probation except upon prior investigation by the (e) who have been once on probation under the
probation officer and a determination by the court that the provisions of this Decree; and
ends of justice and the best interest of the public as well as (f) who are already serving sentence at the time the
that of the defendant will be served thereby.. substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
Sec. 6. Form of Investigation Report. — The investigation Sec. 10. Conditions of Probation. — Every probation order
report to be submitted by the probation officer under issued by the court shall contain conditions requiring that
Section 5 hereof shall be in the form prescribed by the the probationer shall:
Probation Administrator and approved by the Secretary of (a) present himself to the probation officer designated
Justice. to undertake his supervision at such place as may
be specified in the order within seventy-two hours
Sec. 7. Period for Submission of Investigation Report. — from receipt of said order;.
The probation officer shall submit to the court the (b) report to the probation officer at least once a
investigation report on a defendant not later than sixty month at such time and place as specified by said
days from receipt of the order of said court to conduct the officer.
investigation. The court shall resolve the petition for The court may also require the probationer to:
probation not later than five days after receipt of said (a) cooperate with a program of supervision;
report. (b) meet his family responsibilities;
Pending submission of the investigation report and the (c) devote himself to a specific employment and not
resolution of the petition, the defendant may be allowed to change said employment without the prior
on temporary liberty under his bail filed in the criminal case; written approval of the probation officer;
Provided, That, in case where no bail was filed or that the (d) undergo medical, psychological or psychiatric
defendant is incapable of filing one, the court may allow examination and treatment and enter and remain
the release of the defendant on recognize to the custody of in a specified institution, when required for that
a responsible member of the community who shall purpose;.
guarantee his appearance whenever required by the court. (e) pursue a prescribed secular study or vocational
training;
Sec. 8. Criteria for Placing an Offender on Probation. — In (f) attend or reside in a facility established for
determining whether an offender may be placed on instruction, recreation or residence of persons on
probation, the court shall consider all information relative, probation;
to the character, antecedents, environment, mental and (g) refrain from visiting houses of ill-repute;
physical condition of the offender, and available (h) abstain from drinking intoxicating beverages to
institutional and community resources. Probation shall be excess;
denied if the court finds that:

Crim.
(i) permit the probation officer or an authorized social as computed at the rate established, in Article
worker to visit his home and place of work; thirty-nine of the Revised Penal Code, as
(j) reside at premises approved by it and not to amended..chan robles virtual law library
change his residence without its prior written
approval; or Sec. 15. Arrest of Probationer; Subsequent Disposition. —
(k) satisfy any other condition related to the At any time during probation, the court may issue a warrant
rehabilitation of the defendant and not unduly for the arrest of a probationer for violation of any of the
restrictive of his liberty or incompatible with his conditions of probation. The probationer, once arrested
freedom of conscience. and detained, shall immediately be brought before the
Sec. 11. Effectivity of Probation Order. — A probation court for a hearing, which may be informal and summary, of
order shall take effect upon its issuance, at which time the the violation charged. The defendant may be admitted to
court shall inform the offender of the consequences bail pending such hearing. In such a case, the provisions
thereof and explain that upon his failure to comply with any regarding release on bail of persons charged with a crime
of the conditions prescribed in the said order or his shall be applicable to probationers arrested under this
commission of another offense, he shall serve the penalty provision. If the violation is established, the court may
imposed for the offense under which he was placed on revoke or continue his probation and modify the conditions
probation. thereof. If revoked, the court shall order the probationer to
Sec. 12. Modification of Condition of Probation. — During serve the sentence originally imposed. An order revoking
the period of probation, the court may, upon application of the grant of probation or modifying the terms and
either the probationer or the probation officer, revise or conditions thereof shall not be appealable.
modify the conditions or period of probation. The court Sec. 16. Termination of Probation. — After the period of
shall notify either the probationer or the probation officer probation and upon consideration of the report and
of the filing of such an application so as to give both parties recommendation of the probation officer, the court may
an opportunity to be heard thereon.. order the final discharge of the probationer upon finding
The court shall inform in writing the probation officer and that he has fulfilled the terms and conditions of his
the probationer of any change in the period or conditions probation and thereupon the case is deemed terminated.
of probation. The final discharge of the probationer shall operate to
Sec. 13. Control and Supervision of Probationer. — The restore to him all civil rights lost or suspend as a result of
probationer and his probation program shall be under the his conviction and to fully discharge his liability for any fine
control of the court who placed him on probation subject imposed as to the offense for which probation was
to actual supervision and visitation by a probation officer. granted.
Whenever a probationer is permitted to reside in a place The probationer and the probation officer shall each be
under the jurisdiction of another court, control over him furnished with a copy of such order.
shall be transferred to the Executive Judge of the Court of Sec. 17. Confidentiality of Records. — The investigation
First Instance of that place, and in such a case, a copy of the report and the supervision history of a probationer
probation order, the investigation report and other obtained under this Decree shall be privileged and shall not
pertinent records shall be furnished said Executive Judge. be disclosed directly or indirectly to anyone other than the
Thereafter, the Executive Judge to whom jurisdiction over Probation Administration or the court concerned, except
the probationer is transferred shall have the power with that the court, in its discretion, may permit the probationer
respect to him that was previously possessed by the court of his attorney to inspect the aforementioned documents
which granted the probation. or parts thereof whenever the best interest of the
probationer makes such disclosure desirable or helpful:
Sec. 14. Period of Probation. — Provided, Further, That, any government office or agency
a. The period of probation of a defendant sentenced engaged in the correction or rehabilitation of offenders
to a term of imprisonment of not more than one may, if necessary, obtain copies of said documents for its
year shall not exceed two years, and in all other official use from the proper court or the Administration..
cases, said period shall not exceed six years. Sec. 18. The Probation Administration. — There is hereby
b. When the sentence imposes a fine only and the created under the Department of Justice an agency to be
offender is made to serve subsidiary imprisonment known as the Probation Administration herein referred to
in case of insolvency, the period of probation shall as the Administration, which shall exercise general
not be less than nor to be more than twice the supervision over all probationers.
total number of days of subsidiary imprisonment

Crim.
The Administration shall have such staff, operating units Such regional offices shall be headed by a Regional
and personnel as may be necessary for the proper Probation Officer who shall be appointed by President of
execution of its functions. the Philippines in accordance with the Integrated
Sec. 19. Probation Administration. — The Administration Reorganization Plan and upon the recommendation of the
shall be headed by the Probation Administrator, hereinafter Secretary of Justice.
referred to as the Administrator, who shall be appointed by The Regional Probation Officer shall exercise supervision
the President of the Philippines. He shall hold office during and control over all probation officer within his jurisdiction
good behavior and shall not be removed except for cause. and such duties as may be assigned to him by the
The Administrator shall receive an annual salary of at least Administrator. He shall have an annual salary of at least
forty thousand pesos. His powers and duties shall be to: twenty-four thousand pesos.
(a) act as the executive officer of the Administration; He shall, whenever necessary, be assisted by an Assistant
(b) exercise supervision and control over all probation Regional Probation Officer who shall also be appointed by
officers;. the President of the Philippines, upon recommendation of
(c) make annual reports to the Secretary of Justice, in the Secretary of Justice, with an annual salary of at least
such form as the latter may prescribe, concerning twenty thousand pesos.
the operation, administration and improvement of Sec. 23. Provincial and City Probation Officers. — There
the probation system;. shall be at least one probation officer in each province and
(d) promulgate, subject to the approval of the city who shall be appointed by the Secretary of Justice
Secretary of Justice, the necessary rules relative to upon recommendation of the Administrator and in
the methods and procedures of the probation accordance with civil service law and rules.
process; The Provincial or City Probation Officer shall receive an
(e) recommend to the Secretary of Justice the annual salary of at least eighteen thousand four hundred
appointment of the subordinate personnel of his pesos.
Administration and other offices established in this His duties shall be to:.
Decree; and (a) investigate all persons referred to him for
(f) generally, perform such duties and exercise such investigation by the proper court or the
powers as may be necessary or incidental to Administrator;
achieve the objectives of this Decree. (b) instruct all probationers under his supervision or
Sec. 20. Assistant Probation Administrator. — There shall that of the probation aide on the terms and
be an Assistant Probation Administrator who shall assist conditions of their probations;
the Administrator perform such duties as may be assigned (c) keep himself informed of the conduct and
to him by the latter and as may be provided by law. In the condition of probationers under his charge and use
absence of the Administrator, he shall act as head of the all suitable methods to bring about an
Administration.. improvement in their conduct and conditions;
He shall be appointed by the President of the Philippines (d) maintain a detailed record of his work and submit
and shall receive an annual salary of at least thirty-six such written reports as may be required by the
thousand pesos. Administration or the court having jurisdiction over
Sec. 21. Qualifications of the Administrator and Assistant the probationer under his supervision;
Probation Administrator. — To be eligible for Appointment (e) prepare a list of qualified residents of the province
as Administrator or Assistant Probation Administrator, a or city where he is assigned who are willing to act
person must be at least thirty-five years of age, holder of a as probation aides;
master's degree or its equivalent in either criminology, (f) supervise the training of probation aides
social work, corrections, penology, psychology, sociology, and oversee the latter's supervision of
public administration, law, police science, police probationers;
administration, or related fields, and should have at least (g) exercise supervision and control over all
five years of supervisory experience, or be a member of the field assistants, probation aides and other
Philippine Bar with at least seven years of supervisory personnel; and
experience. (h) perform such duties as may be assigned
Sec. 22. Regional Office; Regional Probation Officer. — by the court or the Administration..
The Administration shall have regional offices organized in Sec. 24. Miscellaneous Powers of Provincial and City
accordance with the field service area patterns established Probation Officers. — Provincial or City Probation Officers
under the Integrated Reorganization Plan. shall have the authority within their territorial jurisdiction to

Crim.
administer oaths and acknowledgments and to take Thereafter, the amount of at least Ten Million Five Hundred
depositions in connection with their duties and functions Thousand Pesos or so much as may be necessary shall be
under this Decree. They shall also have, with respect to included in the annual appropriations of the national
probationers under their care, the powers of a police government.
officer. Sec. 31. Repealing Clause. — All provisions of existing laws,
Sec. 25. Qualifications of Regional, Assistant Regional, orders and regulations contrary to or inconsistent with this
Provincial, and City Probation Officers. — No person shall Decree are hereby repealed or modified accordingly..
be appointed Regional or Assistant Regional or Provincial Sec. 32. Separability of Provisions. — If any part, section or
or City Probation Officer unless he possesses at least a provision of this Decree shall be held invalid or
bachelor's degree with a major in social work, sociology, unconstitutional, no other parts, sections or provisions
psychology, criminology, penology, corrections, police hereof shall be affected thereby.
science, police administration, or related fields and has at Sec. 33. Effectivity. — This Decree shall take effect upon its
least three years of experience in work requiring any of the approval: Provided, However, That, the application of its
abovementioned disciplines, or is a member of the substantive provisions concerning the grant of probation
Philippine Bar with at least three years of supervisory shall only take effect twelve months after the certification
experience. by the Secretary of Justice to the Chief Justice of the
Whenever practicable, the Provincial or City Probation Supreme Court that the administrative structure of the
Officer shall be appointed from among qualified residents Probation Administration and of the other agencies has
of the province or city where he will be assigned to work.. been organized.
Sec. 26. Organization. — Within twelve months from the DONE in the City of Manila, this 24th day of July in the year
approval of this Decree, the Secretary of Justice shall of Our Lord, nineteen hundred and seventy-six.
organize the administrative structure of the Administration
and the other agencies created herein. During said period,
he shall also determine the staffing patterns of the regional,
B. FULL TEXT OF PRESIDENTIAL
provincial and city probation offices with the end in view of DECREE NO. 1257
achieving maximum efficiency and economy in the
operations of the probation system.. PRESIDENTIAL DECREE No. 1257
Sec. 27. Field Assistants, Subordinate Personnel. — AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE
Provincial or City Probation Officers shall be assisted by NUMBERED NINE HUNDRED AND SIXTY-EIGHT,
such field assistants and subordinate personnel as may be OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
necessary to enable them to carry out their duties WHEREAS, the need to strengthen certain provisions of
effectively. Presidential Decree No. 968, otherwise known as the
Sec. 28. Probation Aides. — To assist the Provincial or City Probation Law of 1976, has surfaced in the nationwide
Probation Officers in the supervision of probationers, the seminars which introduced said law to judges, fiscals and
Probation Administrator may appoint citizens of good private law practitioners;
repute and probity to act as probation aides. WHEREAS, meeting such need would better ensure the
Probation Aides shall not receive any regular compensation achievement of its laudable objectives;
for services except for reasonable travel allowance. They NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
shall hold office for such period as may be determined by the Republic of the Philippines, by virtue of the powers
the Probation Administrator. Their qualifications and vested in me by the Constitution, do hereby order and
maximum case loads shall be provided in the rules decree as follows:
promulgated pursuant to this Decree.. Section 1. Section 4 of Presidential Decree No. 968,
Sec. 29. Violation of Confidential Nature of Probation otherwise known as the Probation Law of 1976, is hereby
Records. — The penalty of imprisonment ranging from six amended to read as follows:
months and one day to six years and a fine ranging from six "Sec. 4. Grant of Probation. Subject to the provisions of this
hundred to six thousand pesos shall be imposed upon any Decree, the court may, after it shall have convicted and
person who violates Section 17 hereof. sentenced a defendant but before he begins to serve his
Sec. 30. Appropriations. — There is hereby authorized the sentence and upon his application, suspend the execution
appropriation of the sum of Six Million Five Hundred of said sentence and place the defendant on probation for
Thousand Pesos or so much as may be necessary, out of such period and upon such terms and conditions as it may
any funds in the National Treasury not otherwise deem best.
appropriated, to carry out the purposes of this Decree.

Crim.
The prosecuting officer concerned shall be notified by the "Sec. 33. Effectivity. This Decree shall take effect upon its
court of the filling of the application for probation and he approval: Provided, However, That the application of its
may submit his comment on such application within ten substantive provisions concerning the grant of probation
days from receipt of the notification. shall only take effect on January 3, 1978."
Probation may be granted whether the sentence impose a Section 5. This Decree shall take effect immediately.
term of imprisonment or a fine with subsidiary Done in the City of Manila, this 1st day of December, in the
imprisonment in case of insolvency. An application for year of Our Lord, nineteen hundred and seventy-seven.
probation shall be filed with trial court, with notice to
appellate court if an appeal has been taken from the
sentence of conviction. The filling of the application shall be
C. FULLTEXT OF BATAS PANBANSA
deemed a waiver of the right to appeal, or the automatic BLG. 76
withdrawal of a pending appeal. In the latter case however,
if the application is filed on or after the date of the
judgment of the appellate court. BATAS PAMBANSA BILANG 76
An order granting or denying probation shall not be AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED
appealable." NINE HUNDRED SIXTY-EIGHT, AS AMENDED, OTHERWISE
Section 2. The first paragraph of Section 7 of the same KNOWN AS THE PROBATION LAW OF NINETEEN HUNDRED
Decree is hereby amended to read as follows: AND SEVENTY-SIX, SO AS TO EXPAND ITS COVERAGE.
"Sec. 7. Period for Submission of Investigation Report. The Section 1. Section nine of Presidential Decree Numbered
probation officer shall submit to the court the investigation Nine hundred sixty-eight, as amended by Presidential
report on a defendant not later than sixty days from receipt Decree Numbered Twelve hundred and fifty-seven, is
of the order of said court to conduct the investigation. The hereby further amended to read as follows:
court shall resolve the application for probation not later "Sec. 9. Disqualified Offenders. — The benefits of this
than fifteen days after receipts of said report." Decree shall not be extended to those: sentenced to serve
Section 3. Section 15 of the same Decree is hereby amended a maximum term of imprisonment of more than six years
to read as follows: and one day;
"Sec. 15. Arrest and Probationer; Subsequent Disposition. a. Convicted of any offense against the security of
At any time during probation, the court may issue a warrant the State;
for the arrest of a probationer for any serious violation of b. Who have previously been convicted by final
the conditions of probation. The probationer, once arrested judgment of an offense punished by imprisonment
and detained, shall immediately be brought before the of not less than one month and one day and/or a
court for a hearing of the violation charged. The defendant fine of not less than Two Hundred Pesos; and
may be admitted to bail pending such hearing. In such case, c. Who have been once on probation under the
the provisions regarding release on bail of persons charged provisions of this Decree."
with a crime shall be applicable to probationers arrested Sec. 2. Notwithstanding the provision of the Probation Law
under this provision. of 1976, any person sentenced to maximum penalty of six
In the hearing, which shall be summary in nature, the years and one day on January 3, 1978 and thereafter may be
probationer shall have the right to be informed of the placed on probation upon his application therefore with the
violation charged and to adduce evidence in his favor. The court of origin. However, such person serving sentence at
court shall not be bound by the technical rules of evidence the effectivity of this Act shall remain in jail pending the
but may be inform itself of all the facts which are material approval of his application.
and relevant to ascertain the veracity of the charge. The
State shall be represented by a prosecuting officer in any Sec. 3. This Act shall take effect upon its approval.
contested hearing. If the violation is established, the court Approved: June 13, 1980
may revoke or continue his probation and modify
conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An D. FULLTEXT OF PRESIDENTIAL
order revoking the grant of probation or modifying the DECREE NO. 1990
terms and conditions thereof shall not be appealable."
Section 4. Section 33 of the same Decree is hereby PRESIDENTIAL DECREE NO. 1990
amended to read as follows: AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE
KNOWN AS THE PROBATION LAW OF 1976.

Crim.
0 “This is for criminological purposes and therefore not for sale.” School Year 2015-2016
. e. convicted of subversion or any crime

WHEREAS, it has been the sad experience that persons who against the national security or the public
are convicted of offenses and who may be entitled to order;
probation still appeal the judgment of conviction even up f. who have previously been convicted by
to the Supreme Court, only to pursue their application for final judgment of an offense punished by
probation when their appeal is eventually dismissed;. imprisonment of not less than one month
and one day and/or a fine of not less than
WHEREAS, the process of criminal investigation, Two Hundred Pesos.
prosecution, conviction and appeal entails too much time g. who have been once on probation under
and effort, not to mention the huge expenses of litigation, the provisions of this Decree; and
on the part of the State;. h. who are already serving sentence at the
WHEREAS, the time, effort and expenses of the time the substantive provisions of this
Government in investigating and prosecuting accused Decree became applicable pursuant to
persons from the lower courts up to the Supreme Court, Section 33 hereof." .
are oftentimes rendered nugatory when, after the Sec. 3. The provisions of Section 4 of Presidential Decree
appellate Court finally affirms the judgment of conviction, No. 968, as above amended, shall not apply to those who
the defendant applies for and is granted probation; . have already filed their respective applications for
WHEREAS, probation was not intended as an escape hatch probation at the time of the effectivity of this Decree. .
and should not be used to obstruct and delay the Sec. 4. All laws, decrees, executive or administrative orders,
administration of justice, but should be availed of at the rules and regulations, or parts thereof, inconsistent with
first opportunity by offenders who are willing to be this Decree, are hereby repealed, amended or modified
reformed and rehabilitated; . accordingly. .
WHEREAS, it becomes imperative to remedy the problems Sec. 5. This Decree shall take effect after fifteen (15) days
abovementioned confronting our probation system. . following its publication in the Official Gazette.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of DONE in the City of Manila, this 5th day of October, in the
the Philippines, by virtue of the powers vested in me by the year of Our Lord, nineteen hundred and eighty-five..
Constitution, do hereby decree: .
Section 1. Section 4 of Presidential Decree No. 968 is E. FULL TEXT OF EXECUTIVE ORDER
hereby amended to read as follows:
"Sec. 4. Grant of Probation. — Subject to the provisions of NO. 292 - ADMINISTRATIVE CODE
this Decree, the trial court may, after it shall have convicted
and sentenced a defendant, and upon application by said
OF 1987; [BOOK IV/TITLE
defendant within the period for perfecting an appeal, III/CHAPTER 7-PAROLE AND
suspend the execution of the sentence and place the
defendant on probation for such period and upon such PROBATION ADMINISTRATION]
terms and conditions as it may deem best; Provided, That
no application for probation shall be entertained or granted CHAPTER 7
if the defendant has perfected the appeal from the PAROLE AND PROBATION ADMINISTRATION
judgment of conviction. Section 23. Parole and Probation Administration. - The
"Probation may be granted whether the sentence imposes Parole and Probation Administration hereinafter referred to
a term of imprisonment or a fine only. An application for as the Administration shall have the following functions:
probation shall be filed with the trial court. The filing of the a. Administer the parole and probation system;
application shall be deemed a waiver of the right to appeal. b. Exercise general supervision over all parolees and
"An order granting or denying probation shall not be probationers;
appealable." . c. Promote the correction and rehabilitation of
Sec. 2. Section 9 of Presidential Decree No. 968 is hereby offenders; and
amended to read as follows: . d. Such other functions as may hereafter be provided
"Sec. 9. Disqualified Offenders. — The benefits of this by law.
Decree shall not be extended to those: Section 24. Structural and Personnel Organization. -
d. sentenced to serve a maximum term of a. The Administration shall be headed by an
imprisonment of more than six years; . Administrator who shall be immediately assisted
by a Deputy Administrator. The Administrator and

Crim.
Deputy Administrator shall be appointed by the

President upon the recommendation of the
Secretary. G. RESOLUTION NO. 24-4-10 - RE:
The appointees to the positions of Administrator Amending and Repealing Certain Rules and Sections of
and Deputy Administrator must be holders of a the Rules on Parole and Amended Guidelines for
doctoral/masteral degree in public administration Recommending Executive Clemency of the 2006
and/or lawyers with at least one year of Revise Manual of the Board of Pardons and Parole
supervisory experience in probation work. WHEREAS, Section 19, Article VII of the 1987 Philippine
b. The Administration shall have a Technical Service Constitution provides that the President, except in cases of
under the Office of the Administrator which shall impeachment or as otherwise provided therein, may grant
serve as the service arm of the Board of Pardons reprieves, communications and pardons, and remit fines
and Parole in the supervision of parolees and and forfeitures, after conviction by the final judgment;
pardonees. WHEREAS, in accordance with the above-cited
The Board and the Administration shall jointly constitutional provision, the President has the plenary
determine the staff complement of the Technical power to grant executive clemency, except on the
Service. following three (3) constitutional limitations to wit:
c. The Administration shall likewise continue to 1. In cases of impeachment;
operate and maintain a Regional Office in each of 2. In cases involving of election laws, rules and
the administrative regions including the National regulations as provided for in Section 5, Paragraph
Capital Region and also a probation and parole C, Article IX of the 1987 Philippine Constitution
office in every province and city of the country. without the favorable recommendation of the
The Regional, Provincial and City Offices of the Commission on Elections; and
Administration shall each be headed by a Regional 3. In cases where the conviction is on appeal or has
Probation and Parole Officer, Provincial/City Probation and not become final and executor;
Parole Officer, respectively, all of whom shall be appointed WHEREAS, the eight (8) disqualifications or exceptions
by the Secretary upon the recommendation of the enumerated and provided for in Section 5 of the Amended
Administrator. Guidelines for Recommending Executive Clemency of the
The Provincial or City Probation and Parole Officer shall be 2006 BPP Revised Manual are not in consonance with the
assisted by such field assistants and subordinate personnel provisions of Section 19, Article VII of the 1987 Philippine
as may be necessary to enable them to carry out their Constitution, constitute as limitations on the pardoning
duties and functions. For this purpose, the Administrator power of the President, and violate the time-honored
may appoint citizens of good repute and probity to act as principle of equal protection of the laws enshrined in the
Probation and Parole Aides who shall not receive any Bill of Rights, thus defeating the primary purpose of
regular compensation for their services except reasonable restorative justice;
travel allowance. WHEREAS, Section 5, Paragraph a, b, c, d, e, f, g, and h of
Section 25. Applicability of P.D. No. 968, as amended. - The the Amended Guidelines for Recommending Executive
Provisions of P.D. 968 otherwise known as the Probation Clemency discriminates against certain criminal offenders
Law of 1976 shall continue to govern the operation and and denies them equal opportunity for executive clemency;
management of the Administration including the WHEREAS, under Section 3 of Republic Act No. 9346,
enumeration of functions and qualifications for otherwise known as "An Act Prohibiting the Imposition of
appointment of the Administrator, Deputy Administrators, Death Penalty in the Philippines", enacted on June 24,
Regional, Provincial and City Probation Officers and their 2006, persons convicted of offenses punished with
assistants and other subordinate personnel not reclusion perpetua, or whose sentences were reduced to
inconsistent with this title. reclusion perpetua by reason of this Act shall not be eligible
for parole under Act No. 4103, otherwise known as "The
F. FULL TEXT OF PAROLE AND Indeterminate Sentence Law", as amended;
WHEREAS, under Executive Order No. 83 dated January 11,
PROBATION ADMINISTRATION 1937, the Board of Pardons and Parole is mandated to assist
the President in exercising the power of executive
OMNIBUS RULES ON PROBATION clemency; and
AND PROCEDURE. WHEREAS, pursuant to the mandate of the law to redeem
and uplift valuable human resources and prevent excessive

Crim.
deprivation of liberty, there is a need to provide d. Those convicted of piracy or mutiny on the high
opportunities to qualified and deserving inmates in order to seas or Philippine waters;
ease congestion now plaguing the correctional institutions. e. Those who are habitual delinquents, i.e., those
WHEREFORE, premises considered, the Board resolves, as who, within a period of ten (10) years from the
it is hereby Resolved, to AMEND and REPEAL the following date of release from prison or last conviction of
provisions of the Rules on Parole and the Amended the crimes of serious or less serious physical
Guidelines for Recommending Executive Clemency of the injuries, robbery, theft, estafa, and falsification, are
2006 BPP Revised Manual: found guilty of any of said crimes a third time or
I. Rule 2.1. of the Rules on Parole is hereby AMENDED to oftener;
read as follows: f. Those who escaped from confinement or evaded
"RULE 2.1. Eligibility for Review of A Parole Case - an inmate's sentence;
case may be eligible for review by the board provided: g. Those who having been granted conditional
b. Inmate is serving an indeterminate sentence the pardon by the President of the Philippines shall
maximum period of which exceeds one (1) year; have violated any of the terms thereof;
c. Inmate has served the minimum period of the h. Those whose maximum term of imprisonment
indeterminate sentence; does not exceed one (1) year or those with definite
d. Inmate's conviction is final and executor; sentence;
In case the inmate has one or more co-accused who had i. Those convicted of offenses punished with
been convicted, the director/warden concerned shall reclusion perpetua, or whose sentences were
forward their prison records and carpetas/jackets at the reduced to reclusion perpetua by reason of
same time. Republic Act No. 9346 enacted on June 24, 2006,
d. Inmate has no pending criminal amending Republic Act No. 7659 dated January 1,
case; and 2004; and
e. Inmate is serving sentence in j. Those convicted for violation of the laws on
the national penitentiary, unless terrorism, plunder and transnational crimes."
the confinement of said inmate in III. Rule 2.3 of the Rules on Parole is hereby AMENDED to
a municipal, city, district or read as follows:
provincial jail is justified. "RULE 2.3. Review Upon Petition or referral by the
A national inmate, for purposes of these Rules, is one who correctional and/or other agencies - a parole case may be
is sentenced to a maximum term of imprisonment of more reviewed by the Board upon petition or referral by the
than three (3) years or to a fine of more than five thousand correctional and/or other agencies if inmate is not
pesos; or regardless of the length of sentence imposed by otherwise disqualified under Rule 2.2."
the Court, to one sentenced for violation of the customs IV. Section 1 of the Amended Guidelines for Recommending
law or other laws within the jurisdiction of the Bureau of Executive Clemency is hereby AMENDED to read as follows:
Customs or enforceable by it, or to one sentenced to serve SECTION 1. Plenary Power of the President to Grant
two (2) or more prison sentences in the aggregate Executive Clemency - Under Section 19 Article VII of the
exceeding the period of three (3) years." Constitution, except in cases of impeachment or as
II. Rule 2.2, Paragraphs i to l of the Rules on Parole are otherwise provided therein, the President may grant
hereby DELETED for being inconsistent with the provisions reprieves, commutations and pardons, and remit fines and
of Section 2 of the "Indeterminate Sentence Law", as forfeitures, after conviction by final judgment. Executive
amended. Further, said Rule is hereby AMENDED to read as clemency rests exclusively within the sound discretion of
follows: the President, and is exercised with the objective of
"RULE 2.2. Disqualifications for Parole - Pursuant to Section 2 preventing a miscarriage of justice or correcting a manifest
of Act No. 4103, as amended, otherwise known as the injustice.1avvphi1
"Indeterminate Sentence Law", parole shall not be granted These Guidelines are meant solely for the guidance of the
to the following inmates: Board of Pardons and Parole (hereafter the "Board") in the
a. Those convicted of offenses punished with death performance of its duty to assist the President in exercising
penalty of life imprisonment; the power of executive clemency pursuant to Executive
b. Those convicted of treason, conspiracy or proposal Order No. 83 dated January 11, 1937. These Guidelines
to commit treason or espionage; create no vested or enforceable rights in persons applying
c. Those convicted of misprision treason, rebellion, for executive clemency."
sedition or coup d' etat;

Crim.
V. Section 3 of the Amended Guidelines for Recommending 3. at least ten (10) years for inmates sentenced to
Executive Clemency is hereby AMENDED to read as follows: one (1) reclusion perpetua or one (1) life
"SECTION 3. Extraordinary Circumstances - The Board shall imprisonment, for crimes/offenses not
recommend to the President the grant of executive punished under Republic Act No. 7659 and
clemency when any of the following extraordinary other special laws;
circumstances are present: 4. at least thirteen (13) years for inmates whose
a. The trial court or appellate court in its decision indeterminate and/or definite prison terms
recommended the grant of executive clemency for were adjusted to a definite prison term of
the inmate; forty (40) years in accordance with the
b. Under the peculiar circumstances of the case, the provisions of Article 70 of the Revised Penal
penalty imposed is too harsh compared to the Code as amended;
crime committed; 5. at least fifteen (15) years for inmates convicted
c. Evidence which the court failed to consider, before of heinous crimes/offenses as defined in
conviction which would have justified an acquittal Republic Act No. 7659 or other special laws,
of the accused; committed on or after January 1, 1994 and
d. Inmates who were over fifteen (15) years but sentenced to one (1) reclusion perpetua or one
under eighteen (18) years of age at the time of the (1) life imprisonment;
commission of the offense; 6. at least eighteen (18) years for inmates
e. Inmates who are seventy (70) years old and above convicted and sentenced to reclusion
whose continued imprisonment is inimical to their perpetua or life imprisonment for violation of
health as recommended by a physician of the Republic Act No. 6425, as amended, otherwise
Bureau of Corrections Hospital and certified under known as "The Dangerous Drugs Act of 1972"
oath by a physician designated by the Department or Republic Act No. 9165 also known as "The
of Health; Comprehensive Dangerous Drugs Act of 2002",
f. Inmates who suffer from serious, contagious or and for kidnapping for ransom or violation of
life-threatening illness disease, or with severe the laws on terrorism, plunder and
physical disability such as those who are totally transnational crimes;
blind, paralyzed, bedridden, etc., as recommended 7. at least twenty (20) years for inmates
by a physician of the Bureau of Corrections sentenced to two (2) or more reclusion
Hospital and certified under oath by a physician perpetua or life imprisonment even if their
designated by the Department of Health; sentences were adjusted to a definite prison
g. Alien inmates where diplomatic considerations and term of forty (40) years in accordance with the
amity among nations necessitate review; and provisions of Article 70 of the Revised Penal
h. Such other similar or analogous circumstances Code, as amended;
whenever the interest of justice will be served 8. at least twenty-five (25) years for inmates
thereby." originally sentenced to death penalty but
VI. Section 4 of the Amended Guidelines for Recommending which was automatically reduced or
Executive Clemency is hereby AMENDED to read as follows: commuted to reclusion perpetua or life
"SECTION 4. Other circumstances - When none of the imprisonment.
extraordinary circumstances enumerated in Section 3 exist, B. For Conditional Pardon, an inmate should have
the Board may nonetheless review and/or recommend to served at least one-half (_) of the maximum of the
the President the grant of executive clemency to an inmate original indeterminate and/or definite prison
provided the inmate meets the following minimum term."
requirements of imprisonment: VII. Section 5 of the Amended Guidelines for
A. For Commutation of Sentence, the inmate should Recommending Executive Clemency is hereby REPEALED.
have served: VIII. Section 10 of the Amended Guidelines for
1. at least one-third (1/3) of the definite or Recommending Executive Clemency is hereby AMENDED to
aggregate prison terms; read as follows:
2. at least one-half (1/2) of the minimum of the "SECTION 10. Notice to the Offended Party - In all cases
indeterminate prison term or aggregate when an inmate is being considered for executive
minimum of the indeterminate prison terms; clemency, the Board shall notify the offended party or, in
the event that the offended party is unavailable for

Crim.
comment or otherwise cannot be located, the immediate

relatives of the offended party. Said persons shall be given
thirty (30) days from notice to comment on whether or not
executive clemency may be granted to an inmate. Provided
that, in matters of extreme urgency or when the interest of
justice will be served thereby, such notice may be waived or
dispensed with by the Board. In such a case, the Board shall
explain the reason for the waiver of such notice in the
Board resolution recommending executive clemency."
IX. Section 11 of the Amended Guidelines for
Recommending Executive Clemency is hereby AMENDED to
read as follows:
"SECTION 11. Publication of Names of Those Being
Considered for Executive Clemency - The Board shall cause G. PROBATION AND PAROLE FLOW CHART
the publication once in a newspaper of national circulation
the names of inmates who are being considered for
executive clemency. Provided, however, that in cases of
those convicted of offenses punished with reclusion
perpetua or life imprisonment by reason of Republic Act
No. 9346, publication shall be once a week for three (3)
consecutive weeks.
Any interested party may send to the Board written
objections/comments/information relevant to the cases of
inmates being considered for executive clemency not later
than thirty (30) days from date of publication.
Provided that, in matters of extreme urgency or when the
interest of justice will be served thereby, above publication
may be waived or dispensed with. In such publication in the
Board resolution recommending executive clemency."
IX. This Resolution shall take effect upon approval by the
Secretary of Justice and fifteen (15) days after its
publication in a newspaper of general circulation. Let
copies of this Resolution be likewise sent to the Office
of the President through the Executive Secretary, and
the University of the Philippines (UP) Law Center.

Crim.
H. PAROLE AND PROBATION ORGANIZATIONAL CHART

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Isabela State University

San Fabian, Echague, Isabela

Reynaldo M. Esmeralda, M.S. Crim.

GOALS OF THE COLLEGE OF ARTS & SCIENCES

OBJECTIVES OF THE PROGRAM

The BS Criminology program aims to:

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Parole and Probation

Student Name: __________________________________________________________________________

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D. DECONGESTION OF JAILS E. LAW AND DECREES USUALLY AVAILED OF TO

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5. Republic Act No. 9165- Comprehensive Dangerous 2. Non-Institutional Correction or Community-Based

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of a probation agency and required to abide by grace. It is an act of grace is extended to

OTHER ASPECTS OF CORRECTIONS 2. Conditional Pardon-It refers to the

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sentence to a term of years. It does not forgive the

d. Reprieve - A temporary stay of the execution of

The date of execution of sentenced is set back

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The following are the fundamental objectives of a

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5. It helps the offender

C. SAVINGS OF PROBATION What are the "similar laws" referred to in Section 1?

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Sec. 67 of Republic act No. 9344: Children Who Reach the

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In English common law, prior to the advent of

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2. Then he sought counsel and assists his charges in

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In order to heighten the awareness of interdependency WHO IS TEODULO C. NATIVIDAD?

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1. No. There is no encroaches upon the pardoning power

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provision of BP 76. d. Such other

N.B. 1990 – The period of

Executive Order It renamed the Probation

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8. Modification and Revocation Under Section 8 of PD No. 968, in determining whether

SECTION 70 OF REPUBLIC ACT NO. 9165. Probation or

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only to pursue their application for probation when their

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Are all convicted persons who are not disqualified entitled