CA 201 – NON-INSTITUTIONAL CORRECTIONS

Course Description:

This course will primarily focus on the different forms, types or kinds of Non-Institutional
Correction/Community Based Corrections/Non-Confinement Corrections. It includes the different
methods, forms, type or kinds of clemency. The processes of the grant, revocation, cancellation,
or disqualification of the party concerned as provided in the law, rules, guidelines or manual.

Chapter 1

Community-Based Correction and its Background

A. Introduction to Community-based Correction

WHAT IS CORRECTION?

Correction is the branch of the administration of CJS charged with the responsibility for the
custody, supervision and rehabilitation of convicted offenders. It is also define as the
STUDY OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION as well as the
rehabilitation and reformation of criminals.

Further, it is defined as a GENERIC TERM that includes all government agencies, facilities,
programs, procedures, personnel, and techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of alleged offenders.

DUAL PURPOSE OF CORRECTIONS

1. To punish and

2. To rehabilitate the offender.

B. THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

           Correction is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field
of criminal justice administration, it utilizes the body of knowledge and practices of the
government and the society in general involving the process of handling individuals who have
been convicted of offenses for purposes of crime prevention and control.

Among the five pillars of the criminal justice system, corrections is the least heard, known or
understood society seems to have some reluctance to look at it although its role in the
reformation and rehabilitation of offenders cannot be overemphasized. Furthermore, jail
administration and control in our country is distributed to at least, four agencies:
 1. The BUREAU OF CORRECTION (BUCOR), under the DOJ; which has supervision
over the national penitentiary and its penal farms;

2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG;
which has the exclusive control over all city, municipal and district Jails nationwide;

3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their
respective provincial and sub-provincial Jails; and

4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which

takes care of, among others, youthful offenders entered in detention centers for
juveniles, aside from these,

Other agencies under this pillar are the: (Community Based Correction)

1. The Parole and Probation Administration (PPA) under the Department of Justice
(DOJ); and

2. The Board of Pardons and Parole also under the Department of Justice.

NOTA BENE: There are also LOCK-UP JAILS under the Philippine National Police
(PNP); this fragmented administration of jails often creates confusion since many are
not aware of this set-up.

Generally, corrections, as a component of the system are responsible for:

1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and others.

2. The PROTECTION of law-abiding members of society by keeping convicted offenders

from preying on society.

3. The REFORMATION and rehabilitation of offenders in preparation for their eventual

reintegration to the mainstream of society and helping them lead a normal life after
release.

4. The DETERRENCE of crimes, experience in prison and the fear of isolation and denial of
liberty will influence inmates and potential offenders to lead a life not in conflict or afoul
with the law.

C. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

            The Philippine Correctional System has two approaches, and these are, the Community
based and institution-based systems.

1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison

The institution-based approaches has three levels and are manned by three different
government agencies responsible for the supervision and control of the numerous institutional
facilities nationwide which provide safekeeping and rehabilitation of inmates, namely:
 1. The national prison’s and penal farms under the Department of justice;

2. The provincial and sub-provincial jails under the provincial government; and

3. The City, Municipal and District Jails under the Department of Interior and Local
Government.

The Bureau of corrections, headed by a non-uniformed director, under the Department of

Justice, supervises and controls the national prisons and penal farms.

2. Non-Institutional Correction or Community-Based Approach- It refers to

correctional activities that may take place within the community or the method of
correcting sentenced offenders without having to go to prison.

Not all convicted offenders have to serve their sentence behind bars. Some of them are allowed
to stay in the community, subject to the conditions imposed by the court.

They are either granted probation, parole, conditional pardon or recognizance. The parole and
probation Administration under the Department of Justice is the government agency that
supervises the activities of the probationer, parolee and pardonee and monitors his compliance
with conditions imposed.

What is a Community correction?

It is a sanction in which offenders serve some or all their sentence in the

community. It is sometimes referred to as non-institutional corrections.
The subfield of corrections in which offenders are supervised and provided
services outside jail or prison.

DISTINCTION BETWEEN INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTION

Institutional Non-Institutional

That aspect of the correctional That aspect of the correctional

enterprise that involves the
incarceration and rehabilitation of
adults and juveniles convicted of
offenses against the law, and the
confinement of persons suspected
of a crime awaiting trial and
adjudication.
enterprise that includes pardon,
probation, and parole activities,
correctional administration not
directly connectable to institutions,
and miscellaneous (activity) not
directly related to institutional care.

At, present correction as a pillar of our justice system is in front of so many problems and
controversies. Among of its palpable problems are overcrowded jails and prison facilities. Despite
of public clamor, the government cannot afford to lock-up all convicted individuals. Society has
all the reasons to condemn convicts but in so doing, they are just pushed for the continuance of
their unlawful activities. Study shows that many convicted persons who have been incarcerated
in jails or prisons, when they return to community are mostly reengaged to the same kind of
offense or to some other type of anti-social activities which if not with the same degree with the
first offense, is more serious. It is also an accepted fact that putting all convicted individuals in
jail or prison facilities will definitely prejudicial to the government considering that they consume
so much of government funds and resources. These are the common reasons for the promotion
of community-based correction approach in lieu of institutional correction.

Rehabilitating convicts within the community confers several benefits such as:

1. The convict will remain in the community in which he or she has responsibilities. He can
continuously engage to his legitimate sources of livelihood to support himself and his family and
the government can collect taxes from him.

2. Convicts under community-based correction are more capable to compensate their victims
through restitution or to pay-back the community through community service; and

3. Community-based corrections programs do not expose convicts to the subculture of violence

existing in jails and prisons.

There is now a principle of Non-institutional Correction that works for the reintegration of
convicted individuals to society which is known as Restorative Justice. What Restorative
Justice advocating is the alteration of the behavior of convicts through the use of holistic but
non-incarcerate methods of rehabilitation, Braithwaite (1900-1990). It is like helping the
convicts to enter the society in a way where they can be accepted by the society in general as
well, as it helps the society understand and accept the fact that convicts are also a part of the
society. (EzineArticles.com)

Community-Based Correction Programs

1. Probation – is a disposition, under which a defendant after conviction and

sentence, is released subject to the conditions imposed by the Court and to the supervision of a
probation officer.

2. Parole – a conditional release from prison of a convicted person upon service of the
minimum of his indeterminate penalty.

3. Pardon – a form of executive clemency which is exercise exclusively by the Chief

Executive. Pardon may be given conditionally (conditional pardon) or unconditionally (absolute
pardon). For the purpose of Non-Institutional Correction, it is the Conditional Pardon with parole
conditions is under consideration.

Pardon It is a form of executive clemency granted by the President of the Philippines as a

privilege to a convict as a discretionary act of grace. It is an act of grace is extended to prisoners
as a matter of right, vested to the Chief Executive (The President) as a matter of power. Neither
the legislative nor the judiciary branch of the government has the power to set conditions or
establish procedures for the exercise of this Presidential prerogative.

The following are the two types of pardon:

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

Purpose:
 a. To right a wrong

b. To normalize a tumultuous political situation.

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

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

limits or conditions; from the punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability.

It is also granted by the President of the Philippines to release an inmate who has been reformed
but is not eligible to be released on parole.

Note:

For simple infraction of laws or ordinances, Community Service may likewise be considered as
community-based correction. This is impose to require the violators to render community service
in lieu of payment of fine and/or imprisonment.

Entities of the Government task for providing Community-Based Correction

1. Parole and Probation Administration (PPA)

 Conduct investigations of all cases in relation to parole, probation and pardon

 Responsible for the supervision of all parolees, probationers and conditional pardon
grantees

2. Board of Pardon and Parole (BPP)

 Authority in granting parole

 Responsible for recommending the grant of pardon and executive clemency to the
president

3. Department of Social Welfare and Development (DSWD)

 Handling cases of Child in Conflict with the Law (CICL)

Benefits of Community-based Corrections

1. Strengthening family ties through avoidance of broken family relationships – The

treatment and rehabilitation of convicted offender is done outside the institutional facilities
hence, family members will not suffer broken family due to imprisonment of one of its
member;
 2. Prevention of Influence Contamination – Putting convicted felon to prison may
expose him to hardened criminals who might influence him to be a more hardened
criminal than before;

3. Engagement of Community Involvement – Rehabilitation can be more effective with

the help of the members of the community;

4. Assurance of Individualized Treatment Approach – This programs provide

individualize treatment program for the convicts which is if not available, it is hard to
attain in correctional institution;

5. It is more economical than institution-based correction on the part of the

Government.

BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED

TREATMENT PROGRAMS

The following are the basic principles underlying the philosophy of community-based
treatment programs:

1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to

custodial coercion is to place him in physical jeopardy, thus drastically narrowing
his access to sources of personal satisfaction and reducing his self-esteem.

2. Restorative Aspect - There are measures expected to be achieved by the

offender, such as an establishment of a position in the community in which he does
not violate the laws. These measures may be directed at changing and controlling
the offender. The failure of the offender to achieve these can result to recidivism.

3. Managerial Aspect - Managerial skills are special importance because of the sharp
contrast between the per capital cost of custody and any kind of community
program. It is easier to manage those undergoing community based treatment
programs than that of custodial control.

THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM

Community sentence seeks to repair the harm the offender has caused the victim or the
Community, releasing court and under the supervision of a probation officer.

Furthermore, it is define as a sentence in which the offender, rather than being incarcerated, is
retained in the community under the supervision of a probation agency and required to abide by
certain rules and conditions to avoid incarceration.

1. Diversion – For juvenile offender or CICL

 2. Restitution - In recent years it has become increasingly common for jurisdictions to
include restitution orders as part of probation.

Money paid or services provided to victims, their survivors, or to the community by a convicted
offender to make up for the injury inflicted.

3. Halfway houses - Community-based residential facilities that are less secure and
restrictive than prison or jail but provide a more controlled environment than other
community correctional programs.

Goal of Halfway House: The goal of halfway houses is to provide offenders with a temporary
period of highly structured and supportive living so that they will be better prepared to function
independently in the community upon discharge.

What is home Confinement? It is a program that requires offenders to remain in their homes
except for approved periods of absence; commonly used in combination with electronic
monitoring. Home confinement is also known as home incarceration, home detention, and
house arrest.

Chapter 2

Probation

A. Definition

Probation as a term was derived from the Latin verb “probare” which mean to prove or
to test, which was coined by John Augustus.

Probation is a judicial disposition after which the defendant after conviction and sentence
is released, subject to the conditions imposed by the court and the supervision of the probation
officer. It said to have originated in England in the year 1841.

TERMS TO PONDER

As used in Section 3 of PD 968 and Section 4 of Parole and probation administration

omnibus rules on probation methods and procedure. The following shall, unless the
context otherwise requires, be construed thus:

1. Amicus Curiae – Means friend of the court

2. Absconding Petitioner- a convicted accused whose application for probation has

been given due course by the court but fails to report to the parole and probation
office or cannot be located within a reasonable period of time.

3. Absconding Probationer- an accused whose probation was granted but failed to

report for supervision    within the period ordered by the court or a probationer
who fails to continue reporting for supervision and/or whose whereabouts are
unknown for a reasonable period of time.

4. Defense Counsel/Counsel- lawyer of the petitioner

5. Petition- application for probation.

6. Petitioner - a convicted defendant who files an application for probation.

7. Probationer - means a person placed on probation.

 8. 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.

9. Probation Investigation - The process of selection, diagnoses and planning with

the client.

10. Probation Supervision- The continuous process of helping the client to

follow through with the plans, reevaluation and working with the client in the
process of planning his life to meet dynamic situation.

11. Probation Officer - public officer like the Chief Probation and Parole Officer
(CPPO), Supervising Probation and Parole Officer (SPPO), Senior Probation and
Parole Officer (SrPPO), Parole and Probation Officer II (PPOII), or Parole and
Probation Officer I (PPOI), who investigates for the Trial Court a referral for
probation or supervises a probationer or does both functions and performs other
necessary and related duties and functions as directed.

12. Probation Office - refers either to the Provincial or City Probation Office
directed to conduct investigation or supervision referrals as the case may be;

13. Probation Order - order of the trial court granting probation

14. Prosecutor- lawyer of the victim.

15. Trial Court - refers to the Regional Trial Court (RTC) of the Province or
City/Municipal Court which has jurisdiction over the case.

16. Volunteerism - is a strategy by which the parole and probation

administration may be able to generate maximum citizen participation or
community involvement in the overall process of client rehabilitation.

Basic Precepts and Concepts on Probation

1. As a system of instruction – The probationer will be placed under the supervision of

probation officer who shall be directly in charge of supervising and monitoring the progress of
the rehabilitation program based on the conditions imposed by the court. Such control of the
court shall be considered continuing in character until such time that the court orders the
discharge from probation of the convict.

2. Suspended Imposition of Sentence – Probation consists of the conditional suspension of

the execution of sentence while the convict is placed under the supervision and is given
individual guidance and treatment programs.

3. Provision for Individualize Treatment Program – The basic purpose for probation is to
provide an individualized treatment program offering a first time or unhardened convict as an
opportunity to be rehabilitated without institutional confinement or imprisonment, under the
tutelage of a probation officer and under the continuing power of the court to impose
institutional punishment for his original offense in the event that he abuse such opportunity,
courts have a wide discretion to accomplish such intent.

Predecessors of Probation
1. Money Compensation – which is a precursor of our use of fines and restitution today,
introduced by the Laws of Babylon, Greece and Rome, for those crimes which did not affect the
safety of the State. Slaves having nothing of value to offer as compensation received
unmitigated cruel punishments.

2. Cities of Refuge – Sanctuaries where the accused was safe pending an investigation of his
criminal responsibility, introduced by the Jewish law for those who killed without premeditation.
The Jews also gives some consideration for the individual in lesser penalties for impulsive
offenses than for planned murder.

3. Benefit of the Clergy – Seems to be the earliest device for softening brutal severity of
punishment. Dating back to reign of Henry Ⅱ in the 13th century, it originated in compromise the
Church which had maintained that a member of the clergy brought to trial by a King’s Court
might be claimed from that jurisdiction by the Bishop or Chaplain representing him, on the
ground that he, the prisoner, was subject to authority of the ecclesiastic courts only.

Note: The benefit resulting from this compromise which maintained jurisdiction in the King’s
Court was greater leniency in sentencing, and particular escapes from death penalty.

4. Judicial Reprieve – a temporary withholding of sentence, practiced by the English Court in

the early 17th century, where they grant reprieves to prisoners under sentence of death on
condition that they accept deportation/transportation.

5. Banishment – any description of the treatment of crime in England must include the system
of transportation to her colonies, which grew from the ancient practice of banishment and
flourished for more than 200 years as a principal method of disposing of offenders.

6. Recognizance – the direct ancestor of probation, means “binding over for good behavior.”
An ancient practice developed also in England in the 14th century, originated as a measure of
preventive justice, involving an obligation or promise, sworn to under court order by a person
not yet convicted.

Note: Sureties or bail were usually required and the person who stood surety had the power and
the duty to enforce the conditions and return the offender to court if he committed an offense
during the specified period or failed to comply with other conditions of his release.

B. Evolution of Probation

 Harsh punishments were imposed on adults and children alike for offenses that were not
always of a serious nature during the Middle Ages. Sentences such as branding, flogging,
mutilation, and execution were common. During the time of King Henry Ⅷ, for instance,
no less than 200 crimes were punishable by death, many of which were minor offenses.
 This harshness eventually led to discontent in certain progressive segments of English
society that were concerned with the evolution of the justice system. Slowly but
resolutely, in an effort to mitigate these inhumane punishments, a variety of measures
were devised and adopted. Royal pardons could be purchased by the accused; activist
judges could refrain from applying statuses or opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders could be charged with a
lesser crime. Also, methods such as benefit of clergy, judicial reprieve, sanctuary, and
abjuration offered offenders a degree of protection from the enactment of harsh
sentences.
  Eventually, the courts began the practice of “binding over for good behavior,” a form of
temporary release during which offenders could take measures to secure pardons or
lesser sentences. Controversially, certain courts began suspending sentences.
 In the United States, particularly in Massachusetts, different practices were being
developed. “Security for good behavior,” also known as “good aberrance”. Filing was
also practiced in cases that did not demand an immediate sentence. Using this procedure,
indictments were “laid on file” or held in abeyance. To mitigate unreasonable mandatory
penalties, judges often granted a motion to quash based upon minor technicalities on
errors in the proceedings. Although these American practices were precursors to
probation, it is early use of recognizance and suspended sentence that are directly related
to modern probation.

C. Pioneers in the field of Probation

Two main individuals closely associated for the establishment of Probation

1. Matthew Davenport Hill (August 6, 1972 – June 7, 1872)

- English lawyer, penologist, 18th –century English barrister and judge.

- Father of Probation in England

- He worked for the guardianship of parents and employers of juvenile and first time offenders to
save them from stigma of prison life.

- As a young professional in England, Hill had witnessed the sentencing of youthful offenders to
one-day terms, on the condition that they will be returned to a parent or guardian who would
closely supervise them.

- When he eventually became the Recorder or Birmingham, a judicial post, he used a similar
practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a
promise for rehabilitation, they were placed in the hands of generous guardians who willingly
took charge of them.

- Hill had police officers pay periodic visits to these guardians in an effort to track the offender’s
progress and keep a running account.

2. John Augustus (1785-1859), a 19th –century Boston boot-maker

- Born in Woburn, Massachusetts in 1785

- Recognized as the first true probation officer

- Father of Probation in the USA

- By 1829, he was a permanent resident of Boston and the owner of a successful boot-making
business

- It was undoubtedly his membership in the Washington Total Abstinence Society that led him to
the Boston courts. Washingtonians abstained from alcohol could be rehabilitated through
understanding, kindness, and sustained moral suasion, rather than through conviction and jail
sentences.

- In 1841, John Augustus attended police court to bail out a “common drunkard,” the first
probationer. The offender was ordered to appear in court three weeks later for sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed.

- Augustus thus began an 18-year career as volunteer probation officer. Not all offenders
helped by Augustus were alcohol abusers, nor were all prospective probationers taken under his
wing. Close attention was paid to evaluating whether or not a candidate would likely prove to be
a successful subject for probation. The offender’s character, age, and the people, places, and
things apt to influence him or her were all considered.

- Augustus was subsequently credited with founding the investigation process, one of three
main concepts of modern probation, the other two being intake and supervision. Augustus,
who kept detailed notes on his activities, was also the first to apply the term “probation” to his
method of treating offenders.

- By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only
ten of this number forfeited their bond, a remarkable accomplishment when measured against
any standard. His reformer’s zeal and dogged persistence won him the opposition of certain
segments of Boston society as wells as the devotion and aid of many Boston philanthropists and
organizations.

- The first probation statute, enacted in Massachusetts after this death in 1859, was widely
attributed to his efforts.

Following the passage of that statute, probation spread gradually throughout the United States.
The juvenile court movement contributed greatly to the development of probation as a legally
recognized method of dealing with offenders. The first juvenile court was established in
Chicago in 1899. Formalization of the intake process is credited to the founders of the Illinois
juvenile court. Soon after, thirty states introduced probation as a part of the juvenile court
procedure. Today, all states offer both juvenile and adult probation.

D. Other Important Persons and Events in the History of Probation

 Governor Alexander H. Rice (1818-1895)

30th Governor of Massachusetts

- Signed the First Probation Law that was passed by the legislature of Massachusetts on
April 26, 1878. The law provided for the appointment and prescribed the duties of a
salaried probation officer for the courts of Suffolk Country.

Note: The first practical demonstration of probation, the first use of term as a court
service, and enactment of the first probation law occurred in Massachusetts.

 Edward H. Savage – an ex-chief of Police Boston named as the first probation officer
 Gardner Tufts(1880) – Director of Massachusetts Board of State Charities and
Corrections, reported in an address that the result of probation in cases of juvenile
offenders proved so decisively good that the legislature authorize the City of Boston to
appoint a probation officer for adults at the session of the legislature of the present year,
a statute was enacted permitting the appointment of a probation officer for adult
offenders in every city and town in the state.
 Vermont Act of 1898 – second law on probation law in the history was enacted in
Vermont. Many features of the Massachusetts law were incorporated with several
innovations. Vermont was the first to adopt the country plan. Each country court was
 required to appoint a probation officer whose duty it was to make investigation of accused
persons at the request of any court. They are authorized to recommend that such
persons, if convicted, be placed on probation.

All courts were permitted to use probation in any case regardless of age or offense, after
conviction and imposition of sentence, for such time and upon such conditions as it may
prescribe. Thus, Vermont unlike Massachusetts provided for probation only after
suspension of sentence.

An important provision was added that the compensation of each probation officer shall be
determined by the court that appointed him, and shall be paid from the state treasury on
vouchers approved by the said court. An unusually liberal provision, quite the opposite of
the requirement in Massachusetts and other states that the probationers must pay trial
costs, permitted the officer to spend for their temporary support and travelling expenses.
Such reasonable sum as the court may deem expedient to be repaid to the officer out of
the state treasury on vouchers approved by the court.

 In 1899, Rhode Island – The third state that passed probation law. A completely state-
administered system appeared first in Rhode Island. The Act of 1899 empowered the
Board of State Charities and Corrections to appoint a state probation officer and additional
probation officers, “at least one of whom be a woman”, to serve all courts in the state.
The courts were authorized at any time before sentence to provisionally place any
offender, juvenile or adult, who can lawfully be admitted to bail, except persons charged
with treason, murder, robbery, rape, arson or burglary, under the control and supervision
of a probation officer.
 New Jersey – The fourth state to pass a general probation law after the New England
model in 1990.
 New York – The fifth to provide for adult probation.
 In 1990 – Soon after appointment as secretary of the Prison Association of New York,
Samuel June Barrows began to campaign for a probation law. His interest stemmed
from his work in Boston where he had seen the effect of probation law. A Unitarian
minister and editor of the Christian Register, he became in 1889, one of the founders of
the Massachusetts Prison Association, which took an active part pity to send so many
persons found guilty of crime to prison.

Note: The British Probation of First Offender Act of 1887 and Missouri Parole/Probation Law of
1897 are not considered as probation laws. The reason for this is that no provision in the above
stated laws that provides for supervision of offenders upon their release for the said privileges.

 Calvin Coolidge – United States of America President who signed the Federal Probation
Act which is effective on March 4, 1925
 John Marshall – United States Chief Justice who used his discretion in modifying the
prescribed penalties and gradually developed more humane methods of dealing with
violators of law.

E. History of Probation in the Philippines

 1. Probation was first introduced in the Philippines during the American colonial period
(1898-1945) with the enactment of Act No. 4221 of the Philippine Legislature on
August 7, 1935. This law created a Probation Office under the Department of Justice.
2. 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
laws of procedural framework.
3. In 1972, House Bill no. 393 was filed in Congress by Congressman Teodulo
Natividad (considered as the father of Probation in the Philippines) of Bulacan,
which would establish a probation system in the Philippines. This bill avoided the
objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. The
bill was passed by the House of Representatives, but was pending in the Senate when
Martial Law was declared and Congress was abolished.
4. In 1975, after 18 technical hearings over a period of six months, the draft decree was
presented to a selected group of 369 jurists, penologists, civic leaders and social and
behavioral scientists and practitioners sponsored by the National Police Commission and
University of the Philippines Law Center. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country.
5. On July 24, 1976, Presidential Decree No. 968, also known Adult Probation Law
of 1976, was signed into the Law by the late President Ferdinand E. Marcos.
6. The start-up of the Probation System in 1976-1977 was a massive undertaking during
which all judges and prosecutors nationwide were trained in probation methods and
procedures; administrative and procedural manuals were developed; probation officers
recruited and trained, and the central agency and probation field offices organized
throughout the country. Fifteen selected probation officers were sent to United States for
orientation and training in probation administration. Upon their return, they were assigned
to be trainers for the newly recruited probation officers.
7. The Probation System started to operate on January 3, 1978. As more probation officers
were recruited and trained, more field offices were opened.

Chapter 3

The Probation Law of the Philippines

(Presidential Decree No. 968, As Amended by RA 10707)

A. PHILIPPINE PROBATION LAW (PD 968, July 24, 1976)

On July 24, 1976, Presidential Decree No. 968 was promulgated. This law applies to adult
convicts and first time minor drug offenders by virtue of RA 9165 particularly Section 70, the law
which is more popularly known as the Comprehensive Dangerous Drugs Act of 2002, and Child
in Conflict with the Law (CICL) under Section 42 of RA 9344 or the Juvenile Justice and Welfare
Act of 2006.
However, PD 968 was subjected to amendment of other statutes these amendatory laws are as
follows:

1. Presidential Decree No. 1257 – effective upon issuance on December 1, 1977 amending
Sections 4, 7 paragraph (1), 15, and 33 of PD 968;

2. Batas Pambansa Blg. 76 – effective upon approval by the President on June 13, 1980
amending Section 9 of PD 968;

3. Presidential Decree No. 1990 – promulgated on October 5, 1985 and took effect on January
15, 1986, after 15 days from the date of its publication in the Official Gazette (December 30,
1985). This law amended Sections 4 and 9 of PD 968;

4. Republic Act No. 10707, An Act Amending Presidential Decree No. 968 , as Amended – This
Act which is a consolidation of Senate Bill No. 2280 and House Bill No. 4147 was passed by the
Senate and the House of Representatives on September 15, 2015, respectively. It is approved
on November 26, 2015 by President Benigno S. Aquino Ⅲ

5. Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006 – amended Section 4 of
PD 968 to read as follows:

“Section 4. Probation as an Alternative to Imprisonment – The court may, after it shall have
convicted and sentence a child in conflict with the law, and upon application at any time, place
the child on probation in lieu of service of her/his sentence taking into account the best interest
of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the
“Probation Law of 1976,” is hereby amended accordingly.”

Other laws prescribing disqualification for Probation:

6. Omnibus Election Code of the Philippines (Batas Pambansa Blg. 881) disqualification for
probation even the penalty of imprisonment is within the coverage of PD No. 968.

“Section 264. Penalties – Any person found guilty of any election offense under this Code shall
be punished with imprisonment of not less than one year but not more than six years and shall
not be subject to probation.”

7. Wage Rationalization Act (Republic Act No. 6727)

Section 12. Any person, corporation, trust, firm, partnership, association or entity which refuses
or fails to pay any of the prescribed increase or adjustments in the wage rates made in
accordance with this Act shall be punished by a fine not less than twenty five thousand pesos
(₱25,000) nor more than one hundred thousand pesos (₱100,000) or imprisonment of not less
than two years nor more than for years, or both such fine and imprisonment at the discretion of
the court: Provided, that any person convicted under this Act shall not be entitled to the benefits
provided for under the Probation Law.”

8. Comprehensive Dangerous Drugs Act of 2002 (RA 9165)

“Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers – Any
person convicted for drug Trafficking and pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential
Decree No. 968, as amended.”
However, Sections 57 and 70 of RA 9165 requires the applicability of the Probation
Law

9. Probation and Community Service Under the Voluntary Submission Program

“Section 57. Probation and Community Service under the Voluntary Submission Program – A
drug dependent who is discharged as rehabilitated by the DOH-accredited Center through the
voluntary submission program, but does not qualify for exemption from criminal liability under
Section 55 of this Act may be charged under the provisions of this Act, but shall be placed on
probation and undergo a community service in lieu of imprisonment and/or fine in the discretion
of the court, without prejudice to the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after care and follow-
up program, which may be done in coordination with non-governmental civic organizations
accredited by the DSWD, with the recommendation of the Board.”

10. Probation or Community Service for a First-Time Minor Offender in lieu of Imprisonment

“Section 70. Probation or Community Service for a First-time Minor Offender in lieu of
Imprisonment- Upon promulgation of the sentence, the court may, in its discretion, place the
accused under probation, even if the sentence provided under this Act higher than that provided
under existing law on probation, or impose community service in lieu of imprisonment. In case
of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board
through the DOH in coordination with the Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions of the probation, the Board shall submit a
written report to the court recommending termination of probation and a final discharge of the
probationer, whereupon the court shall issue such an order.

The community service shall be complied with under conditions, time and place as may be
determined by the court in its discretion and upon the recommendation of the Board and shall
apply only to violators of Section 15 of this Act. The completion of the community service shall
be under the supervision and rehabilitative surveillance of the Board during the period required
by the court. Thereafter, the Board shall render a report on the manner of compliance of said
community service. The court in its discretion may require extension of community service or
order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Section 60 and 64
of this Act.

If the sentence promulgated by the Court requires imprisonment, the period spent in the
Center by the accused during the suspended sentence period shall be deducted from the
sentence to be served.”

Implied applicability of the Probation Law

11. Optical Media Act of 2003 (RA 9239) repealed PD 1987 or An Act Creating the Videogram
Regulatory Board

There is an express provision under PD 1987 that the Probation Law shall not apply in
cases of its violations. However under RA 9239, there is no longer a provision that clearly
excludes the application of the Probation Law in case of its violations. Hence, since the latter law
is more favorable to the convict and applying the purpose and intention of the Probation Law,
persons who are convicted for violating this shall be allow to be placed on probation.
B. The Purposes of the Philippine Probation Law:

1. Promote the correction and rehabilitation by providing the offender with individualized
treatment;

2. Provide an opportunity for the reformation of an offender which might be less probable if he
were to serve a prison sentence; and

3. Prevent the commission of offenses (Section 2, PD 968)

Other Purposes:

1. To establish a more enlightened and humane correctional systems that will promote the
reformation of offenders and thereby reduce the incidence of recidivism; and

2. To avoid confinement of all offenders in prisons and other institutions for rehabilitation that
surely constitutes an onerous drain on the financial resources of the government

C. Advantages of Probation

1. It prevents crime by giving freedom and rehabilitation only to those convict who are not likely
to re-commit violation of penal laws.

2. It protects the society by placing the probationer under supervision of probation officer.

3. It conforms to the concept of restorative justice.

4. It gives another chance in life and provides opportunity to be rehabilitated to the penitent
convict.

5. It prevents first time convict to become hardened criminal.

6. More economical or less costly on the part of the government.

7. Provides solution of overcrowded jail and prison facilities.

8. It restores successful probationers his civil rights.

9. It makes the probationer a taxpayer instead of tax eater.

D. Statutory Attributes of Philippine Probation System:

The probation system established in the Philippines has at least three important
characteristics that make it different from other probation systems of other jurisdictions.

1. It is a “once in a lifetime affair,” meaning that a convicted person can only avail the
privilege of a probation once in his lifetime. If he is convicted again, such person can no longer
avail himself of another probation. However, in Western countries, a person can avail of
probation as many times as he is convicted of violating penal laws.

2. Selective application. Probation is made available only to those convicted of certain crimes.
Crimes against national security, like treason and espionage are excluded. Those who are
sentenced to prison terms of more than six years are also excluded from the probation privilege.
3. Persons under probation retain their civil rights, like the right to vote, or practice one’s
profession, or exercise parental or marital authority. In most Western countries, in order that a
person who had undergone probation may be restored his civil rights, he must separate court
proceedings. It is relevant to notice that Presidential Decree No. 968 is legal framework which
will serve as bases for the implementation of the probation system in the country.

4. The suspension of the execution of sentence is conditional, violations of any of the

condition may cause revocation of the privilege

5. Conditions of probation to be imposed by the court to protect public safety and to

foster the rehabilitation and reformation of the probationer.

6. Jurisdiction of the court is continuing in character

7. Post Sentence Investigation Report is mandatory, which will serve as informational

guide for the court’s decision in granting or denying the same.

8. Supervision, guidance and assistance by the Probation Officer over the probationer.

Basic Guidelines for Probation Application

 Application for probation shall be filed with the trial court, which has jurisdiction over the
case. Such court is the very same court that heard, tried, decided and imposed penalty
against the convicted person.
Note: There is no other court that can exercise jurisdiction regarding the probation
application, except for the trial court which previously exercised jurisdiction over the
criminal case.

 The filling of an application for probation is jurisdictional. The time of filing shall be within
the period of perfecting an appeal. Under the Revised Rules of Court the period of
perfecting an appeal is fifteen (15) days.
 The application shall be in the form approved by the Secretary of Justice as recommended
by the PPA Administrator.
 The trial court may notify the concerned prosecuting officer of the filling of the applicant
at a reasonable time given to him by the trial court from his receipt of the notice for him
to comment.
 If the trial court finds that the application is due in form and the applicant appears to be
qualified for the grant of probation, it shall order the city or provincial Parole and
Probation office to conduct a post-sentence investigation and submit the same within 60
days from receipt of the order of said court to conduct the investigation.
 The court has five(5) days from the time the court received the post-sentence
investigation report to resolve the application

Consequences of Filing of Application for Probation

 The trial court, upon receipt of the application filed, suspend the execution of the sentence
imposed on the judgment.
 Pending submission of the post-sentence investigation and resolution on the application,
the applicant may be allowed on temporary liberty under his bail filed in the criminal case.
  Where no bail is filed or applicant is incapable of filing one, the trial court may allow the
release of the applicant on recognizance.

Note: Recognizance is a mode of securing the release of any person in custody or

detention for the commission of an offense who is unable to post bail due to abject poverty. The
court where the case of such person has been filed shall allow the release of the accused on
recognizance as provided herein, to the custody of a qualified member of the barangay, city or
municipality where the accused resides (Section 3 of RA 10389)

Post-sentence Investigation (PSI) – No person shall be placed on probation except upon

prior investigation by the probation officer and a determination by the court that the ends of
justice and the best interest of the public as well as that of the applicant for probation will be
served thereby.

Note:

 Post Sentence Investigation is mandatory it is a pre-requisite in granting probation.

The court has no jurisdiction to render decision whether to grant or deny the application in
the absence of PSI.

Period for Submission of Investigation Report - The probation officer shall submit to the
court the investigation report on a defendant not later than sixty days from the receipt of the
order of said court to conduct the investigation. The court shall resolve the petition for probation
not later than five (5) days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.

Purpose of Post Sentence Investigation Report

To an able the trial court to determine whether or not the ends of justice and the best interest of
the public primarily, as well as that of the applicant, would be served by the grant or denial of
the application.

Note:

 Within 60 days from receipt of the order of the Court – Probation Officer shall
conduct Post Sentence Investigation
 Within 5 days from receipt of the Post Sentence Investigation Report – The court
shall resolve the petition for probation
 Bail may be allowed during the pendency of the investigation or pending
resolution for probation.
 No need to post additional bail, the same bail posted for criminal case may be
used.
  Recognizance may be allowed when the applicant for probation is incapable to
post bail. Rule on Bail under the Revised Rules on Criminal Procedure is
applicable.

Nature and Character of Post-Sentence Investigation Report

It is a recommendatory in nature and persuasive in character addressed to the sound discretion

of the trial court considering the denial or grant of probation is a judicial function.

Full Blown Courtesy Investigation (FBCI)

Is a general courtesy investigation from another city or provincial parole and probation office,
which request for a complete PSIR on a petition for probation pending referral investigation in
the Probation Office of origin.

When FBCI shall takes place:

1. Applicant for probation is a transient offender in the place of commission of the crime and/or
a permanent resident of another place.

2. He spent his pre-adolescent life in the province or city of origin

3. He attended and/or finished his education thereat

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

Grant of Probation (Section 4 of PD 968 as amended by RA 10707)

“Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty and upon application
by said defendant within the period for perfecting an appeal, suspend the execution of
the sentence and place the defendant on probation for such period and upon such
terms and conditions as it may deem best. No application for probation shall be
entertained or granted if defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is modified through
the imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-probationable penalty was
rendered, or in the trial court where such case has since been re-raffled. In a case
involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of
the sentence imposed in the judgement.

“This notwithstanding, the accused shall lose the benefit of probation should seek a
review of the modified decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a
fine only. The filing of the application shall be deemed a waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”

Notes:

 As a general rule. No application for probation be entertained or granted if the

defendant has perfected the appeal from the judgment of conviction such appeal will
serve as a disqualification for probation.
 Exception to general rule is that, when a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision becomes final. The application for probation
based on the modified decision shall be filed in the trial court where the judgment of
conviction imposing a non-probationable penalty was rendered, or in the trial court where
such has since been re-reffled(Section 1 of RA 10707).
 Based on the original provision of Section 4 of PD No. 968, the offender is allow to appeal
his conviction and should be the same be denied then, he can apply and avail the privilege
of probation. This was still the provision under PD 1257 but the provision PD 1990
purposely remove the option of appealing then applying probation (People vs. Evangelista,
253 SCRA 714). And instead made probation and appeal exclusive remedy. (Bernardo vs.
Balagot, 215 SCRA 526; Francisco vs. CA,243 SCRA 384). However, due to the enactment
of RA 10707, application for probation is now allowed when a judgment of conviction
imposing a non-probationable penalty is appealed or reviewed, and such judgment is
modified through the imposition of a probationable penalty, the defendant shall be allowed
to apply for probation based on the modified decision.
 In a case involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction. Therefore, the one who applied
for probation will not be disqualified because of the appeal filed his co-defendants.
 Probation may be granted whether the sentence imposes a term of imprisonment or a
fine only.
 The filing of the application shall be deemed a waiver of the right to appeal. Hence, there
is no need to accomplish a document stating such waiver of right considering that the
application for probation will already serve the purpose.
 An order granting or denying probation shall not be appealable.

Nature of Probation: Effect of the Grant of Probation

1. Probation is but a mere privilege and as such as, its grant or denial rests solely upon the
sound discretion of the trial court. After its grant it becomes a statutory right and it shall
only be cancelled or revoked for cause and after due notice and hearing.
2. The grant of probation has the effect of suspending the execution of sentence. The trial
court shall order the release of the probationer’s cash or property bond upon which he
was allowed temporary liberty.

Notes:
  The trial court may, after it shall have convicted and sentenced a defendant, and upon
application by said defendant within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation.
 No application for probation shall be entertained or granted if the defendant has perfected
an appeal from the judgment of conviction. (PD 1990) In other words, the filing of the
application for probation is considered as a waiver of the right of the accused to appeal.
 The filing of the application shall be deemed a waiver of the right to appeal.
 An order granting or denying probation shall not be appealable. However, an outright
denial by the court is a nullity correctible by certiorari. (De Luna v. Hon. Medina, CA 78
OG 599) An accused must fall within any one of the disqualification in order to be denied
probation. (Balleta v. Leviste, 92 SCRA 719)

CASE ANALYSIS:

Pedro was convicted of a crime and sentenced to a prison term more than six years (beyond the
probationable limit of six years). He appealed his case and the appellate court modified his
sentence below six years.

Question: May Pedro apply for probation?

Anwer: Yes, by virtue of specific provision of RA 10707 “when a judgment of conviction

imposing a non-probationable penalty is appealed or reviewed, and such judgment is modified
through the imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision shall be filed in the trial court where the judgment of
conviction imposing a non-probationable penalty was rendered, or in the trial court where such
case has since been re-raffled”.

Note:

 Appeal and probation are mutually exclusive remedies. An accused who applies for
probation admits his guilt and application and cancellation of his bail bond. It renders the
judgment of conviction final and immediately executory (Cal vs. CA 66 SCAD 796, 251
SCRA 228)

When Probation Order become Effective

It shall take effect upon its issuance at which time the court shall inform the offender of
the consequences thereat and explain that upon his failure to comply with any of the conditions
prescribed in the said order or his commission of another offense under which he was placed on
probation.

Is Probation a matter of right?

General Rule: Probation is a mere privilege, not a right for adult offenders. Its benefits cannot
extend to those not expressly included. Probation is not a right of an accused, but rather an act
of grace and clemency or immunity conferred by the state which may be granted by the court to
a seemingly deserving defendant who thereby escapes the extreme rigors of the penalty
imposed by law for the offense of which he stands convicted. It is a special prerogative granted
by law to a person or group of persons not enjoyed by others or by all. Accordingly, the grant of
probation rest solely upon the discretion of the court which is to be exercised primarily for the
benefit of organized society, and only incidentally for the benefit of the accused. The Probation
Law should not therefore be permitted to divest the state or its government of any of the latter’s
prerogatives, right or remedies, unless the intention of the legislature to this end is clearly
expressed, and no person should benefit from the terms of the law who is not clearly within
them.

Exception: However, under R.A. 9344, the Juvenile Justice Welfare Act, as amended by R.A.
10630, a Child in Conflict of the Law, probation is a matter of right, as an alternative to
imprisonment, if the child is qualified under the said law.

Who are eligible to apply for Probation?

a. Any first time convicted-offender who is eighteen years old and above, whose
maximum sentenced to serve does not exceed imprisonment of more than six years and not
otherwise disqualified as provided under Section 9 of PD 968, as amended;

b. Any child in conflict of the law and not otherwise disqualified under R.A. 9344, as
amended by R.A. 10630.

Persons Disqualification to be placed on Probation (based on RA 10707)

“SEC.9. Disqualified Offenders. – The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term in imprisonment of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have been previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine or more than one
thousand pesos (₱1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.”

Notes:

 Convicts who are sentenced to serve a maximum term of imprisonment of 6 years and
one day and above are disqualified to avail the privilege of probation.
 A penalty of six years and one day is not entitled to the benefits of the law. In Francisco v.
CA, 243 SCRA 384, the Supreme Court held that in case of one decision imposing multiple
prison terms, the totality of the prison terms should not be taken into account for the
purposes of determining the eligibility of the accused for the probation. The law uses the
word “maximum term”, and not total term. It is enough that each of the prison term does
not exceed 6 years. The number of offenses is immaterial for as long as the penalties
imposed, when taken individually and separately, are within the probation period.
 Convicted of any crime against the national security (such as treason, espionage
and piracy.) Prior to RA 10707 crimes against public order was included.
 Who have previously been convicted by the final judgment of an offense
punished by imprisonment of more than six (6) months and one (1) day and/or
a fine of more than one thousand pesos (₱1,000.00). Prior to RA 10707, it was for
imprisonment of not less than one month and one day and/or a fine of not less than ₱200.
 Except for the reasons specified by the law, a trial court should not deny a petition for
probation, especially when the probation officer has favorably recommended the grant of
 probation. Unless in exercise of its sound discretion, the court determine that granting
probation will not able to serve the ends of justice and the best interest of the public
primarily, as well as that of the applicant.
 Even if at the time of conviction the accused was qualified for probation but at the time of
his application for probation, he is no longer qualified, he is not entitled for the grant of
probation. The qualification for probation must be determined as of the time the
application is filed in court (Bernardo v. Judge Balagot, 86561, Nov. 10, 1992).
 The law enumerates who are disqualified from being allowed to avail of probation, and the
application for probation of one who does not come under any of these disqualification
should not be granted (Santos vs Paño, 120 SCRA 8)

Period of Probation

The period of probation of a convict sentenced to a term of imprisonment of not

more than one year shall not exceed two years, and in all other cases, said period shall
not exceed six years (Section 14-a, PD 968 as amended).

When the sentence impose a fine only and the convict is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor be more
than twice the total number of days of subsidiary imprisonment as computed at the rate
established in Article 39 of the Revised Penal Code (Section 14-b, PD 968 as amended)

Notes:

 Subsidiary penalty is to be imposed if the convict has no property with which to meet the
fine. He shall subject to a subsidiary personal liability at the rate of one day for each
amount equivalent to the highest minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the trial court (Article 39, Revised Penal
Code).
 When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light felony (Article 39-2, Revised Penal
Code).
 When a convict is sentence to pay a fine only and the he is made to serve subsidiary
imprisonment due to his insolvency, the period of probation shall not be less than nor be
more than twice the total number of days of subsidiary imprisonment as computed at the
rate of one day for each amount equivalent to the highest minimum wage rate prevailing
at the time of the rendition of the judgment of conviction by the trial court.
 The period of probation may either be shortened or made longer, but not to exceed the
period set in the law. There is so because the period of probation is deemed the
appropriate period of rehabilitation of the probationer. A major role is played by the
probation officer in the release of the probationer because he is the one in the best
position to report all information relative to the conduct of mental and physical condition
of the probationer in his environment and existing institutional and community resources
that he may avail himself of when necessary (Bala vs Martinez,181 SCRA 459).

Arrest of Probationer; Subsequent Dispositions

At any time during probation, the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probation. The probationer, once
arrested and detained, shall be immediately be brought before the court for a hearing of the
violation charged. The defendant may be admitted to bail pending such hearing. In such case,
the provisions regarding release on bail of persons charge with a crime shall be applicable to
probationers arrested under these provisions.

In the hearing, which shall be summary in nature, the probationer shall have the right to
be informed of the violation charged and to adduce evidence in his favor. The court shall not be
bound by the technical rules of evidence but may inform itself of all the facts which are material
and relevant to ascertain the veracity of the charge. The state shall be represented by a
prosecuting officer in any contested hearing. If the violation is established, the court may revoke
or continue his probation and modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order revoking the grant of probation
or modifying the terms and conditions thereof shall not be appealable (Section 14 of PD 968 as
amended by PD 1257)

Obligations of a probationer:

1. Present himself to the probation officer within 72 hours from receipt of probation order.
2. Report himself to the probation officer at least once a month during the period of
probation.
3. Not to violate the conditions of his probation

Terms and Conditions of Probation

Two kinds of conditions in probation:

1. Mandatory
2. Discretionary

Mandatory or General Conditions

1 To present himself to the Probation Office for supervision within 72 hours from receipt of the
probation order

2. To report to the assign probation officer at least once a month during the period of probation
at such time and place as may be specified by the Probation Office.

Discretionary or Special Conditions

1. Cooperate with his program of probation treatment and supervision;

2. Meet his family responsibility;
3. Devote himself to a specific employment and not to change said employment without prior
written approval of the Chief Probation and Parole Officer;
4. Undergo medical, or psychological, or clinic, or drug or psychiatric examinations and
treatment and remain in a specified institution, when required for the purpose;
5. Comply with a program of payment civil liability of the offended party or his heirs, when
required by the trial court of as embodied in its decision or resolution;
6. Pursue a prescribed secular study or vocational training;
7. Attend or reside in a facility established for instruction, schedule or residence of persons
on probation;
8. Refrain from visiting houses of ill-repute;
 9. Abstain from drinking intoxicating beverage to excess;
10. Permit the supervising probation officer on case or authorized social worker to visit
his home and place of work;
11. Reside at premises approved by the trail court and not to change his residence
without proper approval of the said court; and
12. Satisfy other conditions related to his rehabilitation into a useful citizen, which is
not unduly restrictive of his liberty or incompatible with his freedom of conscience.

Supervision of Probationers

The start of supervision may be based on the date of issuance of probation order, unless another
date has been specified by the court. Supervision in probation has a dual aspect:

The Authoritarian – deals with the enforcement of the conditions imposed by the court in the
probation order

The Guidance aspect – to direct the probationer to live a law abiding life and be a productive
member of the community

Supervision in probation involves two concepts namely:

Operational Supervision – refers to the joint processes that takes place between the
probation officer and the probationer from the time probation is granted until its due
termination.

Administrative Supervision – refers to the relationship between the probation officer and the
assistant probation officers during the conduct of operational supervision.

Levels of Supervision – The classification of supervision are as follows:

a) Minimum – (green plan card) wherein minimal attention is required and the probationer is
ordered to report once a month to the probation officer.
b) Medium – (yellow plan card) the probationer is in need of moderate attention and required
to report at least twice a month to the probation office.
c) Maximum – ( red plan card) this indicates that the person placed under probation is in
need of considerable attention and guidance. More than twice a month reporting is
required in such cases.

The primary purposes are as follows:

1. To ensure the probationer’s compliance with the probation conditions and the prescribed
probation treatment and supervision program/plan;
2. To manage the process of the probationer’s rehabilitation and reintegration into the
community; and
3. To provide guidance for the probationer’s transformation and development into a useful
citizen for his eventual reintegration to the mainstream of society.

Essential goals of Probation

1. An enlightened and humane correctional system;

2. The reformation of offenders;
 3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs instead
of imprisonment;
5. It is limited only to offenders who are likely to respond to probation favorably; and
6. It is economical or less costly than confinement to prisons and other institutions with
rehabilitation programs.

The Basic Legal Concept of Probation (Two-fold Concepts):

1. As a conditional suspension of the execution of sentence; and

2. As a personal care or treatment and supervision over the probationer.

The former denotes that the court assumes a primary role because a grant of probation is
judicial function and prerogative. The latter indicates the administrative aspect of probation
through the supervision of a probation officer and from the point of view of social workers, a
social casework treatment.

The court dual role of probation:

1. When acts in accordance with the jurisdiction it acquires over the accused and proceeds to
determine his guilt. Assuming an affirmative finding of the offender’s guilt beyond reasonable
doubt, the court would convict and sentence said offender.

2. When the court determines whether or not to grant probation upon application of the
offender. Section 3(a) and 4 of the Decree clearly showed this purpose. The Decree defines
probation in Section 3 as “a disposition under which the defendant, after conviction and
sentence, is released subject to the conditions imposed by the court and to the supervision of a
probation officer.

Notes:

 The jurisdiction and control of the court which arises from an imposed sentence,
remains with the court even after a grant of probation. This is evident in Section 32
and 40 of the Rules on Probation Methods and Procedures. Section 32 provides: “During
the period of probation the court, motuproprio, or a motion of the probation
officer or of the probationer, may revise or modify the conditions or terms of the
probation order.”
 In case of violation of the terms and conditions imposed by the court, Section 40 provides
“If the violation is established, the court may revoke or continue his probation and
modify the conditions thereof. If revoked, the court shall order the probationer to
serve the sentence originally imposed and shall commit the probationer.”
 As an Administrative Process Once the court has granted probation to an offender and has
duly imposed the terms and conditions of the probation, the probation officer has the
bounden duty to see to it that the probationer observes all terms and conditions imposed
by the court. Probation supervision is then a primarily an administrative process.

Note:

 To carry out these purposes the Probation Law upon its approval carried with it the
establishment of a Probation Administration an agency under the Department of Justice,
which shall exercise general supervision overall probationers.
In case of violation is committed by the probationer:

The court, after considering the nature and seriousness of the violations of probation, may
issue a warrant for the arrest of the probationer. He is then brought to the court immediately for
hearing, which is summary. If violation is established, the Court may revoke or continue the
probation and modify the conditions thereof. If revoked, the probationer shall be ordered to
serve the sentence originally imposed and shall commit the probationer. The order of the court is
not appealable (Re: Section 15 of PD 968 as amended).

Termination of Probation (Section 3 of RA 10707 amended Section 16 of PD 968)

“SEC. 16. Termination of Probation – After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of
the probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.

Final Discharge of probation and its implications: (Section 3 of RA 10707)

“The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally extinguish his criminal liability as to the
offense for which probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such order.”

Note:

 The suspension of the sentence however, has no bearing on the civil liability, which is
separate and distinct from the criminal action. (Budlong v. Apalisok, 22 SCRA 935)
 Probation is revocable before final discharge of the probationer by the court. Thus the
expiration of the probation period alone does not automatically terminate probation.
Probation is not coterminous with the period. There must be first issued by the court of an
order of final discharge based on the report and recommendation of the probation officer.
Only from such issuance can the case of the probationer be deemed terminated. (Bala vs
Martinez, 181 SCRA 459)

Privilege and Confidential Nature of Probation Records

The investigation report and the supervision history of probationer obtained under the
Probation Law shall privileged and shall not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court concerned, except that the court, in its discretion,
may permit the probationer or 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 (Section 17 of PD 968 as amended)
The penalty of imprisonment ranging from six (6) months and one (1) to six (6) years and a fine
ranging from six hundred to six thousand pesos shall be imposed upon any person who violates
the confidential nature of probation records (Section 29 of PD 968 as amended)

Interpretation/Construction of the Probation Law

The Provisions of the Probation Law should be liberally construed in order that the
objective should be realized and achieved. (Santos v. Hon. Pano, 55130, Jan. 17, 1983) In
probation, the imposition of the sentence is suspended and likewise its accessory penalties are
likewise suspended. An order placing the defendant on probation is not a sentence but is rather
an interlocutory judgment in the nature of the conditional order placing the convicted defendant
under the supervision of the court for his reformation. (Baclayon v. Hon. Mutia, 129 SCRA 148)

In the application for probation, the judge should, as much as possible, adopt a liberal
attitude in favor of the accused since the evident purpose of probation law is to afford the
accused a chance to reform and rehabilitated himself without the stigma of prison record to save
the government funds that may otherwise be spent for his incarceration and to decongest jails.
If an accused is not disqualified by law for probation, his application for probation should not be
granted (Del Rosario, Jr vs Rosero 126 SCRA 228)

Advantage of Probation:

The implementation of the Probation Law will confer benefits and advantages not only to
society in general but more so on the part of the offender and the government.

1. For the society – The philosophy of probation is that the community is responsible for crime
and its causation, that individuals can change and deserve a second chance, and that it is for the
greater good of society that offenders not be summarily eliminated from productive life but
brought back to its fold in the quickest and least traumatic way possible. Concretely, society is
benefited by the probation system owing to the continued presence therein of erring individuals
who, notwithstanding a previous error, are expected to have turned from their errors and to
continue serving the society. A different situation would result in the incarceration of valuable
human resources.

2. For the victim – Probation provides restitution in favor of the victim hence, justice is
considered served.

3. For the Convicts – In the absence of probation as an alternative to incarceration, a

convicted individual would accumulative suffer the loss not only of family contacts and job, but
also, with the mass treatment in prison, loss of privacy or any privileges requiring exercise of
personal freedom of choice. In addition to stigmatization, disruption of normal familial and other
meaningful relationship, such removal from productive participation in the labor force results in
deprivations for the loved ones and innocent associates of the convict.

4. For the family of the convicts – It does not deprive the children of their parents and a
spouse for her/his husband or wife hence, it maintains the family united.
5. For the government – The confinement of all offenders in prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of the country.
Probation is thus a less costly alternative to the imprisonment of offenders. Adoption of the
system which humanizes criminal law and penology also demonstrates the government’s
adherence to the principle of human rights. One other tangible benefit of probation is that it
would help relieve congestion in our jails and other institutional corrections.
 Chapter 4

Parole and Probation Administration (PPA)

Parole and Probation Administration

(Formerly known as Probation Administration)

Created by virtue of Presidential Decree No. 968, “The Probation Law of 1976”, to administer the
probation system. Under the Executive Order No. 292, “The Administrative Code of 1987” which
was promulgated on November 23, 1989, the Probation Administration was renamed “Parole and
Probation Administration” and given the added function of supervising prisoners who, after
serving part of their sentence in jails are released on parole pardon with parole conditions

Vision

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

To rehabilitate probationers, parolees and pardonees and promote their development as

integral persons by utilizing innovative interventions and techniques which respect the dignity of
man and recognize his divine destiny.

Mandate

The Parole and Probation Administration is mandated to conserve and/or redeem

convicted offenders and prisoners who are under the probation or parole system.

Goals

The Administration’s programs sets to achieve the following goals:

 Promote the reformation of criminal offenders and reduce the incidence of recidivism, and
 Provide a cheaper alternative to the institutional confinement of first-time offenders who
are likely to respond to individualized, community-based treatment programs.

Functions

To carry out these goals, the Agency through its network of regional and field parole and
probation offices performs the following functions:

 To administer the parole and probation system

 To exercise supervision over parolees, pardonees and probationers
 To promote the correction and rehabilitation of criminal offenders

CORE VALUES

A. Performance
Efficient and effective accomplishment of tasks and targets, beginning with individual
officials and employees and throughout all units in the organizational hierarchy, linked
coherently and progressively toward the Agency Mission, Vision and strategic goals.

Teamwork – working together to achieve shared goals.

Resourcefulness and Innovativeness – Exploring resources with ingenuity, optimizing
opportunities with creativity.

B. Professionalism
High level of proficiency on the job resulting from mastery and conscientious application of
appropriate knowledge and skills, honed by sound judgment, self-discipline and unceasing
striving for excellence, and founded on a code of conduct that respects the dignity of
clients and fellowman.
Role Modeling
Serving and inspiring by example

Professional Excellence
Achieving high standards for ethical and quality service.

C. Accountability
Inherent obligation of every official and employee to answer for decisions, actions and
results within his/her authority, including proper and effective utilization of resources in
 support of Agency policies and programs, with timely, complete and accurate disclosure in
required reports.

Responsibility
Achieving expectations, answering for results.

Honesty and Integrity

Being upright and transparent in transactions and relations.

SERVICE OBJECTIVES
1. To provide the courts with relevant information and judicious recommendation for
the selection of offenders to be placed on probation.
2. To provide the Board of Pardons and Parole with necessary and relevant
information which can be used in determining a prisoner’s fitness for parole or any
form of executive clemency.
3. To provide the Dangerous Drug Board with pertinent information and prudent
recommendations for the determination of the first-time minor drug offenders to
be placed on suspended sentence.
4. To effect the rehabilitation and integration of the probationers, parolees,
pardonees, and first time minor drug offenders as productive, law abiding and
socially responsible members of the community.
5. To prevent recidivism and protect the community through a well-planned
supervision of probationers, parolees, pardonees, and first-time minor drug
offenders.
6. To make use of innovative, and financially and technically feasible projects to uplift
the moral, spiritual, and economic condition of probationers, parolees, pardonees,
and first-time minor drug offenders by utilizing available community resources as
much as possible.
7. To continuously assess and improve professional performance in post-sentence,
pre-parole/executive clemency, and suspended-sentence investigation, case
management, and other related work.
8. To periodically review the Probation Law and its implementing rules so as to
reconcile the same with the evolving realities in the field.
9. To assiduously observe and uphold the professional ethics in the delivery of
services.

ADMINISTRATIVE OBJECTIVES

1. To optimize operations through

a. Maximum functioning of existing units according to their respective duties.

b. Systematic expansion of services, according to the demands of probation work and
available resources
c. Judicious utilization of limited Agency resources so as to obtain desired results in the best
manner possible with the least expenditures of time, efforts and money.

2. To achieve a united approach to Agency goals through integrated planning and constant
coordination among all units.

3. To develop a more efficient and up-to-date system for the collection, collation and analysis of
data relative to probation, parole and suspended sentence case loads, and their management.
4. To recruit qualified employees and volunteer aids, and to promote their continuing
professional development.

5. To continuously improve staff and line service through adequate personnel supervision,
relevant research, and periodic evaluation.

6. To generate greater public and inter-agency support for probation through an integrated and
systematic public information program.

7. To actively participate in the government’s jail decongestion program, and in this connection,
to give priority to detention prisoners in our public information drives.

8. To cooperate with other agencies of the government in the accomplishment of national

program thrusts.

Additional Function under RA 9165

By virtue of a Memorandum of Agreement with the Dangerous Drug Board, effective August 17,
2005, the PPA performs another additional function of investigating and supervising first-time
minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.

The PPA Administrator

The head of Parole and Probation Administration is known as the PPA Administrator who
shall be appointed by the President. He shall hold office during good behavior and shall not be
removed except for cause. His/her powers and duties are as follows:

1. Act as the executive officer of the PPA;

2. Exercise supervision and control over all probation officers;
3. Make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;
4. Promulgate, subject to the approval of the Secretary of Justice, the necessary rules
relative to the methods and procedures of the probation process;
5. Recommend to the Secretary of Justice the appointment of subordinate personnel of his
Administration and other offices established under the Probation Law; and
6. Generally perform such duties and exercise such powers as may be necessary or
incidental to achieve the objective of the Probation Law.

Assistant PPA Administrator

There shall be an Assistant Probation Administrator who shall be appointed by the

President and shall assist the Administrator and perform such duties as may be assigned to him
by the PPA Administrator and as may be provided by law. In the absence of the Administrator,
he shall act as head of the PPA.

Qualifications of the PPA Administrator and Assistant Administrator

1. At least 35 years of age

2. Holder of Master’s Degree or its equivalent in:
 a. Criminology
b. Social Work
c. Correction
d. Penology
e. Psychology
f. Sociology
g. Public Administration
h. Law
i. Police Science
j. Police Administration
k. Other related fields
3. At least 5 years of supervisory experience, or a member of Philippine Bar with at least 7
years of supervisory experience.

Other PPA Officers

 Regional Parole and Probation Offices (RPPO) – the RPPO shall be headed by
Regional Probation Officer who shall be appointed by the President upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all
probation officers within his jurisdiction and such duties as may be assigned to him
by the Administrator. Whenever necessary, he shall be assisted by an Assistant
Regional Probation Officer who shall also be appointed by the President, upon
recommendation of the Secretary of Justice.

 Provincial and City Probation Officers – There must be at least one probation
officer in each province and city who shall be appointed by the Secretary of Justice
upon recommendation of the Administrator and in accordance with the civil service
law and rules. The Provincial and City Probation Officers shall exercise the following
duties:
1. Investigate all persons referred to him for investigation by the proper court
or the Administrator
2. Instruct all probationers under his supervision or that of the probation aide
on the terms and conditions of their probation;
3. Keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about an improvement in their
conduct and conditions;
4. Maintain a detailed record of his work and submit such written reports as
may be required by the Administrator or court having jurisdiction over the
probationer under his supervision;
5. Prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;
6. Supervise the training of probation aides and oversee the latter’s supervision
of probationers;
7. Exercise supervision and control over all field assistants, probation aides and
other personnel; and
8. Perform such duties as may be assigned by the court or the Administration.

 Field Assistants, Subordinate Personnel – Regional, Provincial or City Probation

Officers shall be assisted by such field assistant and subordinate personnel as may
 be necessary to enable them to carry out their duties effectively. (Section 27 of PD
968 as amended by RA No. 10707)

Qualification of Regional, Assistant Regional, Provincial and City Probation Officers

No person shall be appointed Regional or Assistant Regional or Provincial or City Probation

Officer unless possesses the following qualifications:

1. At least bachelor’s degree with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, police administration, or related fields;

2. At least three (3) years of experience in work requiring any of the above-mentioned
disciplines, or is a member of Philippine Bar with at least three (3) years of supervisory
experience.

Note:

Whenever practicable, the Provincial or City Probation Officer shall be appointed from
among qualified residents of the province or city where he will be assigned to work (Section 25
of PD 968 as amended)

Power to administer oaths, to take depositions and be considered as Person in

Authority (Section 4 of RA 10707)

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. – Regional,
Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgements and to take depositions in connection with their duties
and functions under this Decree. They shall also have, with respect to probationers under their
care, the powers of a police officer. They shall be considered as persons in authority.”

Volunteer Probation Assistant (VPAs) (Section 6 of RA 10707) Section 28 of the same

Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistant (VPAs). – To assist the Chief Probation and Parole
Officers in the supervised treatment program of the probationers, the Probation Administrator
may appoint citizens of good repute and probity, who have the willingness, aptitude, and
capability to act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, the services rendered as
VPAs.

“They shall hold office for a two (2)-year which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance in office and maximum case loads shall be
further prescribed under implementing rules and regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. In order to strengthen the functional relationship of VPAs and the Probation
Administrator, the latter shall encourage and support the former to organize themselves in the
national, regional, provincial, and city levels for effective utilization, coordination, and
sustainability of the volunteer program.”

RESTORATIVE JUSTICE (RJ)

 Restorative Justice (RJ) is a process through which remorseful offenders

accept responsibility for their misconduct to those injured and to the
community which, in response, allows the reintegration of the offender into
the said community. RJ treats crime as a violation of people and
relationships. It creates an obligation to make things right through proactive
involvement of victims, ownership of the crime by the offender and
participation of the community in search for solutions which promote repair,
reconciliation and reassurance.

 It is philosophy and a process whereby stakeholders in a specific offense resolve

collectively how to deal with the aftermath of the offense and its implications for
the future. It is a victim-centered response to crime that provides opportunity for
those directly affected by the crime – the victim, the offender, their families and the
community – to be directly involved in responding to the harm caused by the crime.
Its ultimate objective is to restore the broken relationships among stakeholders.
 The Restorative Justice process provides a healing opportunity for affected parties
to facilitate the recovery of the concerned parties and allow them to move on with
their lives.
 According to John Braithwaite, restorative justice is a process where all
stakeholders affected by an injustice have an opportunity to discuss how they have
been affected by the injustice and to decide what should be done to repair the
harm. With crime, restorative justice is about the idea that because crime hurts,
justice should heal. It follows that conversations with those who have been hurt
and with those who have inflicted the harm must be central to the process.
 Dr. Carolyn Boyes-Watson (2014) at Suffolk University’s Center for Restorative
Justice defines restorative justice as a growing social movement to institutionalize
peaceful approaches to harm, problem-solving and violations of legal and human
rights. These range from international peacemaking tribunals such as the South
Africa truth and Reconciliation Commission to innovations within the criminal and
juvenile justice systems, schools, social services and communities. Rather than
privileging the law, professionals and the state, restorative resolutions engage
those who are harmed, wrongdoers and their affected communities in search of
solutions that promote repair, reconciliation and the rebuilding of relationships.
Restorative justice seeks to build partnerships to establish mutual responsibility for
constructive response to wrongdoing within our communities. Restorative
approaches seek a balanced approach to the needs of the victim, wrongdoer and
community through processes that preserve the safety and dignity of all.”

Basic Elements of Restorative Justice

Unlike in the traditional justice system, a restorative effort is a holistic response to crime or
confict which needs to be attended to in all these relationships to be able to strengthen
community fabric. The repairing relationships of stakeholders do not mean creating a friendly
and positive attitude between them. It means restoring appropriate “balance of power” among
stakeholders.

◦ Encounter: Create opportunities for victims, offenders and community members who want
to meet and discuss the crime and its aftermath;

◦ Amends: Expect offenders to take steps to repair harm they have caused to their victims;

◦ Reintegration: Seek to restore victims and offenders as a whole and help them become
contributing members of society; and

◦ Inclusion: Provide opportunities for parties with a stake in a specifc crime to participate in
the resolution.

Restorative Process
Mediation
Also known as Victim-Offender-Mediation (VOM). It is a form of Alternative Dispute
Resolution (ADR), a way of resolving disputes between parties with concrete effects.
Typically, a third stakeholder, the moderator, assists the parties to negotiate a
settlement. The moderator may mediate disputes in a variety of felds, such as
commercial, legal, diplomatic, workplace, community and family matters. This is a
process that provides interested victim/s an opportunity to meet the offender in a safe
and structured setting, and engage in a discussion of the crime.
Conferencing
Is a voluntary, structured meeting between offender/s, victim/s and/or both parties’
family and friends, in which they address consequences as restitution and other
outcomes.
Circle of Support
Is a model of RJ which provides an opportunity for victims, offenders and community to
discuss the crime, and its aftermath, particularly its effect on the relationships in the
community.
Indigenous Practices
To preserve, protect and respect Indigenous Practices of DOJ-PPA tribal clients, the
Agency adopts and adheres to prescribe mechanisms customary to their beliefs but
ensuring and guaranteeing the due exercise of the concerned tribal community to reject
or allow the intervention, documentation and publication of the DOJ-PPA of the
indigenous conciliation practice undertaken.

Comparing Restorative Justice from Traditional Criminal Justice

Restorative Justice Traditional Criminal Justice

 Who has been hurt?  What laws have been broken?
 What are their needs? Whose  Who did it?
obligations are these?  What do the offender(s) deserve?
 What are the causes?
  Who has a stake in the situation?
 What is the appropriate process
to involve stakeholders in an
effort to address causes and put
things right?

THERAPEUTIC COMMUNITY (TC)

◦ Therapeutic Community (TC) in the DOJ-PPA program for rehabilitation of offenders is a

Self-Help Social Learning Treatment Modality that uses the TC Family/Community of staff
(PPOs and VPAs) and clients as the primary therapeutic vehicle to foster behavioral and
attitudinal change. Its rules and norms, shared beliefs, tools and processes combine to
enable clients to actively work toward their individual goals for “right living.”

◦ Held in a community-based non-residential setting, it addresses clients’ individual and

group needs through a holistic/multi-disciplinary range of activities/interventions within
the fIve (5) treatment categories: Relational/Behavior Management, Affective/Emotional-
Psychological, Cognitive/Intellectual, Spiritual, and Psychomotor/Vocational-Survival
Skills.

◦ It integrates RJ principles and practices, and mobilizes involvement of the general public
through the VPAs.

Is a self-help social learning treatment model used in the rehabilitation of drug offenders and
other clients with behavioral problems TC adheres to precepts of “right living”.

The Therapeutic Community (TC) is an environment that helps people to get helping
themselves. It operates in a similar fashion to a functional family with a hierarchical structure of
older and younger members. Each member has a defined role and responsibilities for sustaining
the proper functioning of the TC. There are sets of rules and community norms that members
commit to live by and uphold upon entry. The primary “therapist” and teacher is the community
itself, consisting of peers, staff/probation and parole officers and even Volunteer Probation Aides
(VPA), who, as role models of successful personal change, serve as guides in the recovery
process.
 Chapter 5

PAROLE

Parole, defined

Parole comes from the French word “Parole d’ honeur”, meaning word of honor and its use
in connection with the release of prisoners was derived from the idea that they were released on
their word of honor. It has come to mean an inmate's promise to conduct him or herself in a
law-abiding manner and according to certain rules in exchange for release.

Parole is just like conditional pardon. It refers to the conditional release of a convict from
a correctional institution after he serves the minimum term for his prison sentence. It does not
have the effect of extinguishing the criminal liability of the convict.

Parole is also described as a method of selectively releasing an offender from institution

prior to completion of his maximum sentence, subject to conditions specified by paroling
authority.

Parole refers to the conditional release of a prisoner from a correctional institution after he
has served the minimum of his prison sentence (Act 4103)

Principles of Parole

 The government extends to the convicts a privilege by releasing them from prison before
their full sentence is served.
 The government enters a release contract with the convicts in exchange for their promise
to abide by certain conditions.
 Convicts who violate the law or the conditions of parole can be returned to prison to
complete their sentences
 The government retains control of parolees until they are dismissed from parole.

Definition of Terms

a. Board – refers to the Board of Pardons and Parole

 b. Carpeta – refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the court after conviction, the prosecutor’s information and
decisions of the trial court and appellate court, if any; certificate of non-appeal, certificate
of detention and other pertinent documents of the case.
c. Commitment Order – Writ issued by the court ordering the confinement of person so
named in penal institutions
d. Mittimus – A warrant issued by the court bearing its seal and the signature of the judge
directing a correctional facility to receive the convicted offender for service of sentence
imposed therein.
e. Parole Supervision – refers to the supervision/surveillance by Probation and Parole
Officer of a parolee
f. Parolee – refers to a prisoner who is released on parole
g. Prison Record – refers to information concerning an inmate’s persona; circumstances,
the offense he committed, the sentence imposed, the criminal case number in the trial
and appellate courts, the date he commenced serving his sentence, the date he was
received for confinement, the place of confinement, the date of expiration of the sentence,
the number of previous convictions, if any, and his behavior or conduct while in prison.
h. Probation and Parole Officer – refers to the Probation and Parole Officer undertaking
the supervision of the parolee
i. Release Document – refers to the “Discharge on Parole” issued by the Board of Pardons
and Parole

Inception of Parole

 The practice of allowing prisoners to be released from prison before serving the sentence
of imprisonment pronounced by the court goes back at least to 18 th-century England. At
the time almost all serious crimes (felonies) were punishable with death, but only a small
proportion of those who were convicted of felonies were actually executed. The majority of
those who were sentenced to death were pardoned by the king, but their pardon was
granted on the condition that they consent to be transported to one of the colonies where
labor was required-during the 17th and 18th centuries this was America and, following
American independence, Australia.
 Prior to the mid-nineteenth century most offenders were sentenced to flat or determinate
sentences in prison. Under this type of sentencing, an offender received a specific amount
of time to serve in prison for a specific crime. This created a major problem when prisons
become crowded. Governors were forced to issue mass pardons or prison wardens had to
randomly release offenders to make room for entering prisoners.
 Credit for developing early parole systems is usually given to an Englishman, Captain
Alexander Maconochie, and an Irishman, Sir Walter Crofton.
 In 1840, Maconochie was appointed governor of the notorious English penal colony at
Norfolk Island off the coast of Australia. At the time, English criminals were being
transported to Australia and those sent to Norfolk Island were considered “twice
condemned”; they had been shipped to Australia from England and from Australia to the
island. Conditions were so bad that, allegedly, men who received reprieves from the death
penalty wept. The first thing Maconochie did was to eliminate the flat sentence structure
used in Norfolk at the time of his arrival. Instead of requiring convicts to serve their
sentences with no hope of release until the full sentence had been served, Maconochie
initiated a “mark system” whereby a convict could earn freedom by hard work and good
behavior in the prison. The earned marks could be used to purchase either goods or a
 reduction in sentence. Prisoners had to pass through a series of stages beginning with
strict imprisonment through conditional release to final freedom. Movement through the
stages was dependent upon the number of marks accredited.
 Like Maconochie, Sir Walter Crofton believed the length of the sentence should not be
an arbitrary period of time but should be related to the rehabilitation of the offender. After
becoming the administrator of the Irish Prison System in 1854, Crofton initiated a system
incorporating three classes of penal servitude: strict imprisonment, indeterminate
sentences, and tickets-of-leave. This Indeterminate System or Irish System, as it
came to be known, permitted convicts to earn marks to move from solitary confinement
to a return to the community on a conditional pardon or ticket-of-leave.
 Zebulon Brockway, Father of Prison Reform and Father of American Parole, a
Michigan penologist, is usually credited with initiating indeterminate sentences and parole
release in the United States. Similar to Maconochie and Crofton, Brockway believed
inmates should be able to earn their way out of prison through good behavior. Thus, they
should receive a sentence that could vary in length depending upon their behavior in
prison. In his opinion, this had two advantages. First, it would provide a release valve for
managing prison populations. Second it would be valuable in reforming offenders because
they would be earning release by demonstrating good behavior.
 Brockway had the opportunity to pioneer this proposal into practice in 1876 when he was
appointed in superintendent of Elmira Reformatory for youthful offenders in New York.
Inmates at Elmira were graded on their conduct, achievement, and education. On the
basis of their behavior in the reformatory, they were given parole. Volunteer “guardians”
supervised the parolees and submitted written reports documenting their behavior in the
community. A condition of the parole was that the offender report to the guardian each
month.
 Thus, by the turn of the century the major concepts underlying parole were in place in the
United States:
1. a reduction in the sentence of incarceration based on good behavior in prison;
2. supervision of the parolee in the community; and
3. indeterminate sentences.

By 1901, twenty states had parole statutes and by 1944, every jurisdiction in the United
States had some form of parole release and indeterminate sentencing.

SENTENCING

The term sentence in law refers to punishment that was actually ordered or could be ordered

by a trial court in a criminal procedure. A sentence forms the final explicit act of a judge-ruled
process as well as the symbolic principal act connected to their function.

The sentence can generally involve a decree of imprisonment, a fine, and/or punishments
against a defendant convicted of a crime.

Modes of Sentencing

1. Determinate Sentence - This is fixed on a number of days, months, or years.

 2. Indeterminate or Bifurcated Sentence - which mandates the minimum period be
served in an institutional setting such as a prison followed by street time period
of parole, supervised release or probation until the total sentence is completed.

3. Concurrent Sentence - Those imprisoned for multiple crimes usually serve in which the
period of imprisonment equals the length of the longest sentence where the sentences are
all served together at the same time.

4. Consecutive Sentence - in which others serves the period of imprisonment equals the
sum of all the sentences served sequentially, or one after the next.

5. Intermediate Sentence - which allows an inmate to be free for about 8 hours a day for
work purposes, or other forms

Person Qualified for Parole

A prisoner is qualified for parole once the inmate had served the minimum sentence, less
GCTA earned, of his indeterminate prison sentence the maximum period of which exceeds one
(1) year.

Person Disqualified for Parole

Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the

“Indeterminate Sentence Law”, parole shall not be granted to the following inmates:

a) Those convicted of offenses punished with death penalty of life imprisonment;

b) Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c) Those convicted of misprision treason, rebellion, sedition or coup d’etat;
d) Those convicted of piracy or mutiny on the high seas or Philippine waters;
e) Those who are habitual delinquents, i.e., those who, within a period of ten (10)
years from the date of release from prison or last conviction of the crimes of serious
or less serious physical injuries, robbery, theft, estafa, and falsification, are found
guilty of any of said crimes a third time or oftener;
f) Those who escaped from confinement or evaded sentence;
g) Those who having been granted conditional pardon by the President of the
Philippines shall have violated any of the terms thereof;
h) Those whose maximum term of imprisonment does not exceed one (1) year or
those with definite sentence;
i) Those convicted of offenses punished with reclusion perpetua, or whose sentences
were reduced to reclusion perpetua by reason of Republic Act No. 9346 enacted on
June 24, 2006, amending Republic Act No. 7659 dated January 1, 2004; and
j) Those convicted for violation of the laws on terrorism, plunder and transnational
crimes.”

Eligibility for Review of a Parole Case

An inmate’s case may be eligible for review by the Board provided:

1. Inmate is serving an indeterminate sentence the maximum period of which

exceeds one (1) year;
 2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate’s conviction is final and executory;

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

4. Inmate has no pending criminal case; and

5. Inmate is serving sentence in the national penitentiary, unless the confinement of
said inmate in a municipal, city, district or provincial jail is justified.

A national inmate, for purposes of these Rules, is one who is sentenced to a maximum
term of imprisonment of more than three (3) years or to a fine of more than five thousand
pesos; or regardless of the length of sentence imposed by the Court, to one sentenced for
violation of the customs law or other laws within jurisdiction of the Bureau of Customs or
enforceable by it, or to one sentenced to serve two (2) or more prison sentences in the
aggregate exceeding the period of three (3) years.

Considerations for the Grant of Parole and Conditional Pardon

1. Evidence that the petitioner will find legitimate source of livelihood upon release
2. Petitioner has a place to establish residence
3. Availability of after-care services for old, seriously ill or physically disable petitioner

Special Considerations for the Grant of Parole and Conditional Pardon

1. Old age, provided the inmate is below 60 years of age when crime is committed
2. Physically disability, provided such physical disability is not present when the crime was
committed
3. Serious illness duly certified by a government physician
4. Similar circumstances which show that the continued imprisonment will be inhuman or will
pose grave danger to the life of the petitioner

Procedure

1. Review upon the petition or mutopropio: forms and contents of the petition:
a) that the prisoner’s case is eligible for review by the Board
b) that he is not disqualified from being granted parole
2. Transmittal of Carpeta and Prison record by the Director of BuCor or Warden at least one
month prior to the date when his case shall be eligible for review
3. Publication of Names of Prisoners being considered for Parole in a news paper of general
circulation of those convicted of heinous crimes or those sentenced to reclusion perpetua
or life imprisonment and whose sentence has been commuted for release on parole
4. Notice to offended party or his immediate relatives, personally or by registered mail and
given 30 days from notice within which to communicate their comment to the Board
regarding the contemplated grant of parole to the prisoner

Deferment of Parole when safety compromised

If based on the pre-parole investigation, there is clear and convincing evidence that the
release on parole will endanger his own life or those of his relatives, or the life, safety and well-
being of the victim, his relatives, his witness, and the community, the release of the prisoner
shall be deferred until the danger ceases.
Basic Guidelines for the Grant of Parole

The Board may grant a prisoner parole based on reports regarding the prisoner’s work
and conduct and on the study and investigation by the Board itself and its finds the following
circumstances are present:

1. The prisoner is fitted by his training for release;

2. That there is a reasonable probability that, if released, he will live and remain at liberty
without violating the law; and
3. That is release will not be incompatible with welfare of society.

Rules after Grant of Parole

1. Transfer of Residence – a parolee may not transfer from one place of residence
designated in his release Document without the prior written approval of the
regional Director subject to confirmation of the Board
2. Outside Travel – The Chief Probation and Parole Officer may authorize a parolee
to travel outside his area of operational jurisdiction for a period of not more than
30 days. A travel for more than 30 days shall be approved by the Regional Director
3. Travel Abroad and/or Work Abroad – Any parolee under active
supervision/surveillance who has no pending criminal case in any court may apply
for overseas work or travel abroad. However, such application for travel abroad
shall be approved by the PPA Administrator and confirmed by the Board.
4. Death of the Parolee – If a parolee dies during parole supervision, the PPO shall
immediately transmit a certified true copy of the parolee’s death certificate to the
Board recommending the closing of the case.

Note: Absence of the death certificate of the parolee, an affidavit narrating the
circumstances of the fact of the death from the barangay chairman or any
authorized officer or any immediate relative where the parolee resided, shall
suffice.

Reports to be accomplished by the Supervising PPO

1. Progress Report – when a parolee commits another offense during the period of his
parole supervision and the case filed against him has not yet been decided by the court
or on the conduct of the parolee while under supervision.
2. Infraction Report – when the parolee has been subsequently convicted of another
crime.
3. Violation Report – when a parolee commits any violation of the terms and
conditions appearing in his Release Document or any serious deviation or non-
observance of the obligations set forth in the parole supervision program.
4. Summary Report – After the expiration of the maximum sentence of a parolee, the
PPO concerned shall submit to the Board, through the Chief Probation and Parole Officer,
a Summary Report on his supervision of a parolee.
Notes:
 Upon the receipt of an Infraction Report, the Board may order the arrest or
recommitment of the parolee.
 The parolee who is recommitted to prison by the Board shall made to serve the
remaining unexpired portion of the maximum sentence for which he was originally
committed to prison.
 The clearances from the police, court, prosecutor’s office and barangay officials
shall attached to the Summary Report

Termination of Parole Supervision

 Certificate of Final release and Discharge – upon the receipt of the Summary Report,
the Board shall, upon the recommendation of the Chief Probation and Parole Officer that
the parolee has substantially complied with all the conditions of his Release Document,
issue to the parolee a certificate a Final Release and Discharge.
 Effect of Certificate of Final Release and Discharge – Upon the issuance of a
certificate of Final release and Discharge, the parolee shall be finally release and discharge
from the conditions appearing in his release document.

Note: The accessory penalties of the law which have not been expressly remitted therein
shall subsist.

 Transmittal of Certificate of Final release and Discharge – The Board shall forward a
certified true copy of the certificate of Final Release and Discharge to the parolee, the
court which imposed the sentence, the PPO concerned, the BuCor, the NBI, the PNP, and
the Office of the President.
1. Petition, contents and endorsement
2. Time and form of application
3. Transmittal of carpeta and prison records

PAROLE PROBATION
Administrative function exercised by the It is a judicial function exercise by the courts.
executive branch of the government
(executive function)
Granted to a prisoner only after he has serve Granted to an offender immediately after
the minimum of his sentence. conviction.
It is an extension of institutional. It is a It is substitute for imprisonment.
conditional release of a prisoner whereby he is Probation is an alternative to imprisonment.
placed under the supervision of a Parole Instead of being confined in prison, the
Officer after serving his minimum sentence. probationer is released to the community by
the court with conditions to follow and is
placed under the supervision of PO.
Granted by BPP Granted by the court
Parolee Probationer
 Parolee supervised by parole officer
Parole is administered by the Parole Board.
Parole does not restores full civil rights to
parolee
It is granted more than once, depending on
good behavior during imprisonment
Convict must serve the minimum of his
sentence before the grant
Probationer supervise by probation officer
Probation is handled by the Probation
Administration
Probation is more beneficent because it
restores full civil rights to the probationer
upon termination unlike parole.
Probation is enjoyed only once
Probation is a community-based approach to
reformation of offenders. Convict must serve
the minimum of his sentence before the grant.

Chapter 6

The Indeterminate Sentence Law (ISLAW)

(Act No. 4103, as amended)

The basic mandate of the Indeterminate Sentence Law is the imposition of an

indeterminate sentence which is comprised by a MINIMUM term and a MAXIMUM term. The court
instead of imposing a “straight” penalty, the court must determine two penalties. It is
indeterminate in the sense that after serving the MINIMUM, the convict may be released on
parole, or if he is not fitted for release, he shall continue serving his sentence until the end of
the MAXIMUM.

Indeterminate sentence is a sentence with a minimum and a maximum term benefit of a

guilty person, who is not disqualified therefore, when the maximum penalty of imprisonment
exceeds one year. It applies to both violations of the Revised Penal Code (RPC) and Special
Penal Laws (SPL)

The purpose of the law is to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of personal liberty and economic usefulness. As a rule, it
is intended to favor the accused particularly to shorten his term of imprisonment, depending
upon his behavior and his physical, mental, and moral record as a prisoner to be determined by
the Board of Indeterminate Sentence. (People v, Onate, 78 SCRA 43)

Penalties shall not be standardized but fitted as far as is possible to the individual, with
due regard to the imperative necessity of protecting the social order. (People v. Ducosin, 59 Phil
109)

Coverage of the Application:

GENERAL RULE:

All persons convicted of any crimes under Philippine courts regardless whether it is in
violation of RPC or SPL, are qualified for the application of Indeterminate Sentence Law.
EXCEPTIONS:

Those persons specifically disqualified by law.

APPLICATION ISLAW

Violation of the Revised Penal Code

The court shall sentence the accused to an indeterminate sentence the MAXIMUM TERM of
which shall be that which, in view of the attending circumstances, could be properly imposed
under the Code, and the MINIMUM TERM which shall be within the range of the penalty next
lower in degree to that prescribed by the Code for the offense.

The maximum is the penalty imposed provided by law, depending upon the attending
circumstances. The minimum is one degree next lower to the penalty prescribed for the offense.
The latter is determined without considering the attending circumstances to the penalty
prescribed, and is left to the discretion of the court. (People v. Yco, 6545, July 27, 1954)

Illustrative Example:

Homicide with one mitigating circumstances. The maximum penalty prescribed by

law is Reclusion temporal. Since there is one mitigating and no aggravating it will be in the
minimum or reclusion temporal minimum period. On the other hand, the minimum is one degree
next lower to reclusion temporal without considering the mitigating circumstances and that will
be prision mayor. The range of prision mayor will depend upon the discretion of the court.
Therefore, the indeterminate penalty is a minimum of prision mayor (within the range fixed by
the court) to a maximum of reclusion temporal minimum period.

Notes: RPC: Min (next lower to prescribed) to Max (imposable)

Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary mitigating
circumstances (MC) under Article 64 and for complex crimes under Art. 48

 No AC or MC: Penalty PRESCRIBED medium period

 1 AC, no MC: Penalty PRESCRIBED maximum period
 No AC, 1 MC: Penalty PRESCRIBED minimum period
 Several ACs and MCs: OFFSET then apply rules to remainder
 No AC, 2 or more MCs : Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
 If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is a necessary
means for committing the other): Penalty for the MOST SERIOUS CRIME maximum period

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

EXCEPTION:

WHEN THERE IS A PRIVILIGED MITIGATING CIRCUMSTANCE, do NOT follow the

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

Violation of Special Penal Law

The court shall sentence the accused to an indeterminate sentence, the MAXIMUM TERM
of which shall not exceed the maximum fixed by said law and the minimum shall not be less
than the MINIMUM TERM prescribed by the same.

Illustrative Example:

Penalty is one year to 5 years. Indeterminate sentence may be one year to 3 years or 3
years to 5 years.

SPL: Min (at least that prescribed) to Max (not exceed prescribed)

1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed
by the special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum
prescribed by the special law

Disqualified persons:

ISLAW is not applicable to persons who are:

1. Convicted of offenses punished with death or life imprisonment.

2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of
treason, rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.

Notes:

 Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla, 28547, Feb. 22,
1974)
 Recidivist is one, at the time of his trial for one crime, shall have been previously
convicted by the final judgment of another crime embraced in the same title of the RPC.
(People vs. Lagarto, G.R. No. 65833, May 6, 1991)
 Habitual Delinquent is a person, who within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical injuries, robbery,
theft, estafa or falsification, is found guilty of any of said crimes a third time or oftener.
(Art. 62, RPC)

Recidivism Habitual Delinquency

As to the crimes committed
It is sufficient that the The crimes are specified
accused on the date of his
trial, shall have been
previously convicted by final
judgment of another crime

As to the period of time the
crimes are committed
As to number of crimes
committed
As to their effects
4. Those who shall have escaped from confinement or evaded sentence.
embraced in the same title of
the RPC
No period of time between the
former conviction and the last
conviction is fixed by law
The second conviction for an
offense embraced in the same
title of the RPC is sufficient
If not offset by a mitigating
circumstance, serves to
increase the penalty to the
maximum
The offender is found guilty of
any of the crimes specified
within ten years from his last
release or last conviction.
The accused must be found
guilty the third time or
oftener of any of the crimes
specified
If there is habitual
delinquency, an additional
penalty is also imposed

Note:

 A minor who escaped from confinement in the reformatory is entitled to the benefits of
the law because confinement is not considered imprisonment. (People v. Perez, 44 OG
3884)
5. Those who having been granted conditional pardon by the President shall have violated
the terms thereof.
6. Those whose maximum period of imprisonment does not exceed one year.
Note:
 The application of which is based upon the penalty actually imposed in accordance with
law. (People v. Hidalgo, 452, Jan. 22, 1962)
7. Those already serving final judgment upon the approval of this Act (December 5, 1933).
8. Those sentenced to the penalty of destierro or suspension.

Discretion of court to fix minimum

In determining the minimum penalty, the law obligates the courts to fix the penalties with
the widest discretion that the courts have ever had. The determination of the minimum term is
left entirely within the discretion of the court to fix it anywhere within the range of the penalty
next lower without reference to the periods into which it may be subdivided. This obviously
applies only for offenses under the Revised Penal Code.

Notes:

 Whenever any prisoner who shall have serve the minimum penalty imposed on him, the
Board of Indeterminate Sentence may, in its discretion, and in accordance with the rules
and regulations adopted thereunder, authorize the release of such prisoner on parole. If
during the period of surveillance, such parolee shall show himself to be a law-abiding
citizen and shall not violate any of the laws of the Philippines, the Board may issue a final
certificate of release in his favor. Whenever any prisoner released on parole shall, during
the period of surveillance, violate any of the conditions of his parole, the Board may issue
an order for his re-arrest and shall serve the remaining unexpired portion of the maximum
sentence.
  The application of the Indeterminate Sentence Law is mandatory if the imprisonment
would exceed one year. It would be favorable to the accused. (People v. Judge German
Lee, Jr., 86859, Sept. 12, 1984)

RULES ON PAROLE AND GENERAL GUIDELINES FOR RECOMMENDING EXECUTIVE

CLEMENCY

RULES ON PAROLE

Pursuant to Act No. 4103, otherwise known as “The Indeterminate Sentence Law,” as
amended by, among others, Section 21. Title Ⅲ, Book Ⅳ of Executive Order No. 292
dated July 25, 1987, otherwise known as “The Administrative Code of 1987”, the
following Rules on Parole are hereby promulgated:

RULE 3

RULES AFTER GRANT OF PAROLE

Part A. Parole Supervision

Rule 3.1 Release; form of Release Document – A prisoner shall be released upon the grant
of parole. Such grant of parole shall be evidenced by the Release Document, which shall be in
the form prescribed by the Board and shall contain the latest 1”x1” photographed and right
thumbprint of the prisoner.

RULE 3.2 Transmitted of Release Document – The Board shall send a copy of the Release
Document to the prisoner through the Director of Corrections or Warden of the jail where he is
confined. On the date of actual release of the prisoner, the Director or Warden concerned shall
send a certification of said release to the Probation and Parole Officer specified in the Release
Document.

RULE 3.3 Parole Supervision – After release from confinement, the parolee shall be placed
under the supervision of the Probation and Parole Officer specified in the Release Document so
that the former may be guided and assisted towards rehabilitation. The period of parole
supervision shall extend up to the expiration of the maximum sentence which should appear in
the Release Document.

RULE 3.4 Presentation of Probation and Parole Officer- Within the period prescribed in his
Release Document, the parolee shall present himself to the Probation and Parole Officer specified
in the Release Document for supervision.

If the parolee fails to report within forty five (45) days from the date of his release from
confinement, the Probation and Parole Officer shall inform the Board of such failure for the
Board’s appropriate action.

RULE 3.5 Arrival Report – Within fifteen (15) working days from the date when the parolee
reported for supervision., the Probation and Parole Officer concerned shall inform the Board,
through the Technical Service of the Parole and Probation Administration, of such fact.
RULE 3.6 Mandatory Conditions of Supervision – It shall be mandatory for a parolee to
comply with the terms and conditions appearing in the Release Document.

RULE 3.7 Review and Modification of Conditions – The Board may, motu propio or upon
recommendation for the Probation and Parole Officer, revise or modify and terms and conditions
appearing in the Release Document.

RULE 3.8 Transfer of Residence – A parolee may not transfer from the place of residence
designated in his Release document without the prior written approval of the Regional director
subject to the confirmation of the Board.

RULE 3.9 Outside Travel – A Chief Probation and Parole Officer may authorize a parolee to
travel outside his area of operational jurisdiction for a period of not more than thirty (30) days.
A travel for more than 30 days shall be approved by the regional Director.

RULE 3.10. Travel Abroad and/or Work Abroad – Any parolee under active
supervision/surveillance who has no pending criminal case in any court may apply for overseas
work or travel abroad. However, such application for travel abroad shall be approved by the
Parole and Probation Administration and confirmed by the Board.

RULE 3.11. Death of Parolee – If a parolee dies during parole supervision, the Probation and
Parole Officer shall immediately transmit a certified true copy of the parolee’s death certificate to
the Board recommending the closing of the case, However, in the absence of a death certificate,
an affidavit narrating the circumstances of the fact of death from the barangay chairman or any
authorized officer or any immediate relative where the parolee resided, shall suffice.

Part B. Infraction/Violation of the Terms and Conditions of the Release Document

RULE 3.12. Reports – The Probation and Parole Officer concerned shall submit the
following reports to the board:

a. A Progress Report when a parolee commits another offense during the period of his parole
supervision and the case filed against him has not yet been decided by the court or on the
conduct of the parolee while under supervision;
b. An Infraction Report when the parolee has been subsequently convicted of another crime;
c. A Violation Report when a parolee commits any violation of the terms and conditions
appearing in his Release document or any serious deviation or non-observance of the
obligations set forth in the parole supervision program.

RULE 3.13 Arrest of Parolee – Upon receipt of an Infraction Report, the board may order the
arrest or recommitment of the parolee.
RULE 3.14 Effect of Recommitment of Parolee – The parole who is recommitted to prison by
the Board shall be made to serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison.

RULE 3.15. Withdrawal of Release Document – The Board may recommend the withdrawal
of the Release document if it finds that material information given by the parolee of the board,
either before or after release, was false, or incomplete or that the parolee had willfully or
maliciously concealed material information from the Board.

Part C. Termination of Parole Supervision

RULE 3.16. Summary Report – After the expiration of the maximum sentence of a
parolee, the Probation and Parole Officer concerned shall submit to the Board through the chief
Probation and Parole Officer, a Summary report on his supervision of a parolee.

The clearances from the police, court, prosecutor’s office and barangay officials shall be
attached to the Summary Report.

RULE 3.17. Certificate of Final Release and Discharge – Upon receipt of the
summary Report, the Board shall, upon the recommendation of the Chief Probation and Parole
Officer that the parolee has substantially complied with all the conditions of his Release
Document, issue to the parolee a certificate of final Release and Discharge.

RULE 3.18. Effect of Certificate of Final Release and discharge – Upon the issuance
of a certificate of final release and discharge, the parolee shall be finally released and discharged
from the conditions appearing in his release document. However, the accessory penalties of the
law which have not been expressly remitted therein shall subsist.

RULE 3.19. Transmittal of Certificate of Final Release and Discharge – The Board
shall forwarded a certified true copy of the certificate of Final Release and discharge to the
parolee, the Court which imposed the sentence, the Probation and Parole Officer concerned, the
Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police, and
the Office of the President.

Chapter 7

Pardon and other Forms of Executive Clemency

What is Clemency?

Clemency -disposition to be merciful and specially to moderate severity of punishment due.

Types of Clemency

1. Executive Clemency – Pardon, Absolute or Conditional Pardon, Commutation of Sentence,

and Reprieve
2. Judicial Clemency – Probation
3. Legislative Clemency – Decriminalizing certain acts, Repealed Penal/Criminal Laws
4. Special Clemency - Amnesty

What is Executive Clemency?

It is the power of the chief executive of the government to grant to amnesty,

commutation of sentence, pardons, reprieve and remit fines and forfeitures to convicted
prisoners. Under Philippine law, it is called as “the pardoning power of the President” embodied
under Article Ⅶ, Section 19, of the 1987 Constitution.

Rationale and Legal Basis of Executive Clemency

Rationale

The philosophy behind the grant of power to the President to grant executive clemency is
founded on the recognition that human institutions are imperfect and that there are infirmities,
deficiencies, or flaws in the administration of justice. The power exist as an instrument or means
for correcting these infirmities and also for mitigating whatever harshness might be generated
by a too strict application of the law. This principle applies to all criminal offenses committed
against the state.

Basis

The basis of the pardoning power of the President is Section 19, Art. Ⅶ of the 1987
Constitution, which states: “Except as in cases of impeachment, or as otherwise provided in the
Constitution, the President may grant reprieves, commutations, and pardons., and remit fines
and forfeitures after conviction by final judgment. He shall also have the power to grant amnesty
with the concurrence of a majority of all the members of the Congress.”

Who Can Exercise?

Executive Clemency rests exclusively within the sound discretion of the President, and
is exercised with the objective of preventing a miscarriage of justice or correcting a manifest
injustice. The exercise of such power is discretionary and may not be controlled by the
legislature or reversed by the judiciary, unless there is a constitutional violation.

The benign prerogative of mercy reposed in the executive cannot be taken away nor
fettered by any legislature restrictions, nor can like power be given by the legislature to any
other officer or authority. The coordinate departments of government have nothing to do with
the pardoning power, since no person properly belonging to one of the departments can exercise
any powers appertaining to either of the others except in any cases expressly provided for by
the constitution. (20 R.C.L. and cases cited.) “ . . . where the pardoning power is conferred on
the executive without express or implied limitations, the grant is exclusive, and the legislature
can neither exercise such power itself nor delegate it elsewhere, nor interfere with or control the
proper exercise thereof, . . .” (12 C.J., pp. 838, 839, and cases cited.)

Pardon, concept and definition

 Pardon is an act of grace of the President which exempts the individual on whom it is
bestowed from punishment which the law inflicts on the crime committed.

Pardon is a form of executive clemency which is exercised by the Chief Executive. It is an

act of grace and the recipient of pardon is entitled to it as a matter of right. The exercise of
pardon is vested in the executive, is discretionary and is not subject to review or judicial notice
by the court. Neither does the Legislative Branch of Government have the right to establish
condition nor provide procedures for the exercise of the same. Hence, it is vulnerable for abuse
by the executive.

Pardon begun from the Pre-Christian Era. In fact the Holy Bible contains an allusion
where a criminal was released and pardoned by the King at the time Christ was crucified. The
exercise of Pardoning Power has always been vested in the hands of executive branch of the
government whether a king, queen, president or governor.

In England, pardon developed out of the conflict between the King and the Nobles who
threatened his power. Pardon was applied to members of the Royal family who committed
crimes, and occasionally to those convicted of against the Royal Power. It was the general view
that the pardoning power was the exclusive prerogative of the King.

In the United States, pardon among early American colonies was a carry-over of English
practice. The Pardoning power was exercised by the Royal Governor through the power
delegated by the King. After the declaration of independence, the Federal and State
Constitutions vested the pardoning power on the President of the United States and the
Governors in Federal and State cases respectively.

Is the Pardoning Power of the President Absolute?

No. The Constitution itself provides for limitations to wit:

1. Pardon cannot be granted in cases of impeachment (Section 19, Article Ⅶ of the

1987 Constitution). In a very strict sense, an impeachment proceeding is not judicial
proceeding neither criminal prosecution and therefore beyond the ambit of Pardoning
Power. But when the government official is already impeached from his office and latter
on charged and convicted criminally in an ordinary criminal action, the President may
extend pardon to him.
2. No Pardon can be granted for violation of any election laws, rule and regulation
without the favorable recommendation of the Commission on Election (Section 5,
Article Ⅸ(C). This provision is a good guard for the President in exercising this power in
favor to her political party mates who violated election laws for her to win the presidency.

Under Section 5 of the General Guidelines for Recommending Executive Clemency which
is approved and released by the Department of Justice on June 26, 2003, provides among
other that:

“The Board of Pardons and Parole shall refer matters pertaining to executive clemency for
comment and recommendation as follows:
1. To the Commission on Elections, if it involves violation of election laws, rules and
regulation.
2. To the Secretary of National Defense and Secretary of Interior and Local Government, if it
involves crimes against national security or public order or the law of nations, and
 3. To the Department of Foreign Affairs, if the prisoner is an alien.

It is worth to note that in the cases of number 2 and 3, the President may disregard
these because it is not belong to the Constitutional limitations in exercising pardon.

3. Pardon can be granted only after only convection by final judgment.

There is no room for pardon when the case has not yet reached its finality. In the case of
former President Estrada, his appeal from the Judgment of Sandiganbayan was
withdrawn to make it final and for him to avail the privilege of pardon.
4. Pardon must yield to the Doctrine of Separation of Powers. A pardon cannot be
extended to a person convicted of legislative contempt, as this would violate said
doctrine, or of civil contempt since this would involve the benefit not of state itself of the
private litigant whose rights have been violated by the person declared in contempt.

Kinds of Pardon
1. Absolute Pardon – it refers to the total extinction of the criminal liability of an individual
to whom it is granted without condition. It restores to the individual his civil and political
rights and remits the penalty imposed for the particular offense which he was convicted.
2. Conditional Pardon – It refers to the exemption of an individual, with certain limits or
exemptions, from the punishment which the law inflicts for the offense he has committed
resulting in the partial extinction of his criminal liability.

Purposes of Absolute Pardon

1. To do away with miscarriage of justice
2. To keep punishment abreast with the current philosophy, concept or practice in the
administration of justice.
3. To restore full political and civil rights of the persons who have already served their
sentence and have waited the prescribed period.
4. To avoid political crisis or tumultuous political situation

Board of Pardons and Parole (BPP)

The Board of Pardons and Parole is the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant pardon.

The BPP is composed of seven (7) members all appointed by the President with the
Secretary of Justice as acting chairman. However in practice, one of the undersecretaries of
Justice is serving as Acting Chairman. The law requires that the six board members should
include a sociologist, a clergyman, an educator, a lawyer, a penologist, and at least (one) is a
woman.

How to avail the privilege of conditional pardon?

To avail of this privilege, a qualified inmate, his family or relatives, or upon

recommendation of prison authorities will file a petition for conditional pardon addressed to the
President. The request will be forwarded to the Board of Pardons and Parole, which will process
the same before making their appropriate actions.
Factors to be considered by the Board of Pardons and Parole in recommending pardons
to the President

In acting on petitions for pardon, the BPP shall consider, among others, the following:

1. age of the petitioner;

2. the gravity of the offense;
3. the manner in which it was committed; and
4. the institutional behavior or conduct and previous criminal record, if any of the petitioner.

However, the BPP may consider a petition for absolute pardon even before the lapse of
the periods provided by the guidelines, in special cases such as when the petitioner in seeking
reinstatement in the government service, needs to go abroad to undergo medical treatment
which is not available in the country, will take government or Bar examination or is immigrating.

Extraordinary Circumstances

The Board shall recommend to the President the grant of executive clemency when any of
the following extraordinary circumstances are present:

a) The trial court or appellate court in its decision recommend the grant of executive
clemency for the inmate;
b) Under the peculiar circumstances of the case, the penalty imposed is too harsh compared
to the crime committed;
c) Evidence which the court failed to consider, before conviction which would have justified
an acquittal of the accused;
d) Inmates who were over fifteen (15) years but under eighteen (18) years of age at the
time of the commission of the offense;
e) Inmates who are seventy (70) years old and above whose continued imprisonment is
inimical to their health as recommend by a physician of the Bureau of Corrections Hospital
and certified under oath by physician designated by the Department of Health;
f) Inmates who suffer from serious, contagious or life-threatening illness disease, or with
severe physical disability such as those who are totally blind, paralyzed, bedridden, etc.,
as recommend by a physician of the Bureau of Corrections Hospital and certified under
oath by physician designated by the Department of Health;
g) Alien inmates who suffer where diplomatic considerations and amity among nations
necessitate review; and
h) Such other similar or analogous circumstance whenever the interest of justice will be
served thereby”

Other circumstances

When none of the extraordinary circumstances enumerated in Section 3 exist, the Board
may nonetheless review and/or recommend to the President the grant of executive clemency to
an inmate provided the inmate meets the following minimum requirements of imprisonment:

A. For Commutation of Sentence, the inmate should have served:

a) At least-one third (1/3) of the definite or aggregate prison terms;

b) At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
 c) At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other
special laws;
d) At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms
were adjusted to a definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code as amended;
e) At least fifteen (15) years of inmates convicted of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws, committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
f) At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or
life imprisonment for violation of Republic Act No. 6425, as amended, otherwise known as
“The Dangerous Drug Act of 1972” or Republic Act No. 9165 also known as “The
Comprehensive Dangerous Drugs Act of 2002”, and for kidnapping for ransom or violation
of the laws on terrorism, plunder and transnational crimes;
g) At least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua
or life imprisonment even if their sentences were adjusted to a definite prison term of
forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code,
as amended;
h) At least twenty-five (25) years of inmates originally sentenced to death penalty but which
was automatically reduced or committed to reclusion perpetua or life imprisonment.

B. For Conditional Pardon, an inmate should have served at least one-half of the maximum of
the original indeterminate and/or definite prison term.”

Notice to the Offended Party

In all cases when an inmate is being considered for executive clemency, the Board shall
notify the offended party or, in the event that the offended party is unavailable for comment or
otherwise cannot be located, the immediate relatives of the offended party. Said persons shall
be given thirty (30) days from notice to comment on whether or not executive clemency may be
granted to an inmate. Provided that, in matters of extreme urgency or when the interest of
justice will be served thereby, such notice may be waived or dispensed with by the Board. In
such a case, the Board shall explain the reason for the waiver such notice in the Board resolution
recommending executive clemency.

Publication of Names of Those Being Considered for Executive Clemency

The Board shall cause the publication once in a newspaper of national circulation the
names of inmates who are being considered for executive clemency. Provided, however, that in
cases of those convicted of offenses punished with reclusion perpetua or life imprisonment by
reason of Republic Act No. 9346, publication shall be once a week for three (3) consecutive
weeks.

Any interested party may send to the Board written objections/comments/information

relevant to the cases of inmates being considered for executive clemency not later than thirty
(30) days from date of publication.

Provided, 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.
When the pardon grantee fails to comply with the conditions of pardons

In case of violation of any provisions of the conditional pardon, the pardon itself is
deemed invalidated and the pardonee may be either recommitted by the President under the
Administrative Code or prosecuted for violation of conditional pardon under Article 159 of
Revised Penal Code.

Under the Revised Penal Code, the Penalty of prision correctional in its minimum period
shall be imposed upon the convict, except when the penalty remitted is higher than six years, in
which event shall serve the unexpired portion of his original sentence.

Revocation of conditional pardon by the President shall not be reviewed by court

The determination of violation of conditional pardon rest exclusively in the sound

judgment of the Chief Executive and the courts will not interfere by way of review with any of its
findings (Espuelas v. Prov.Warden of Bohol, 108 PHIL. 353)

Legal Effect of Pardon

The legal effect of pardon is to restore not only the convict’s liberty but also his civil and
political rights. However, in the case of Monsanto v. Factoran (170 SCRA 190), the Supreme
Court declares that “pardon does not ipso facto restore a convicted felon to public office
necessarily relinquished or forfeited by reason of the conviction although such pardon
undoubtedly restores his eligibility for appointment to that office”

Amnesty

 The act of an authority (as a government) by which pardon is granted to a large group of
individuals, a sovereign act of oblivion or forgetfulness (from Greek amnestia,
“forgetfulness”) granted by a government, especially to a group of persons who are guilty
of (usually political) crimes in the past. It is often conditional upon the group’s return to
obedience and duty within a prescribed period.
 Commonly denotes the general pardon to rebels for their treason and other high political
offenses, or the forgiveness which one sovereign grant to the subjects of another, who
have offended by some breach of the law of nations.

Concept of Amnesty

 Amnesty commonly denotes a general pardon to rebels for their reason or other high
political offenses, or the forgiveness with one sovereign grants to the subjects of another,
who have offended, by some breach, the law of nation. Amnesty looks backward and
abolishes and puts into oblivion, the offense itself; it so overlooks and obliterates the
offense with which he is charged, that the person released by amnesty stands before the
law precisely as though he had committed no offense.
 Pardon
Pardon is granted by the Chief Executive and
therefore it is a private act which must be
pleaded and proved by the person pardoned
because the courts take no notice thereof
It can only be granted after conviction
It is granted to individual
Pardon looks backward and relieves the
offender from the consequences of an offense
of which he has been convicted. It abolishes
or forgives the punishment, and for that
reason it does not work the restoration of the
rights to hold public office, or the right of
suffrage, unless such rights be expressly
restored by the terms of the pardon, and it in
no case exempts the offender from payment
of the civil indemnity imposed upon him by
the sentence
Amnesty
It is the proclamation of the Chief Executive
with the concurrence of the Congress, hence it
is a public act which the court should take
judicial notice
Amnesty can be granted before or after the
institution of the criminal prosecution and
sometimes after conviction
Granted to classes of persons or communities
who may be guilty of political offenses
Amnesty looks backward and abolishes and
puts into oblivion the offense itself, it so
overlooks and obliterates the offense with the,
it so overlooks and obliterates the offense
with which he is charge that the person
released by amnesty stands before the law
precisely as though he had committed no
offense.

What is the effect of Amnesty?

a) Looks Backward: Extinguishes criminal liability
A person released under the Amnesty proclamation stands before the law precisely as
though he had committed no offense. It is also provided for under the Revised Penal Code
that criminal liability is totally extinguished by amnesty.

Specifically, the presidential proclamation granting amnesty shall extinguish any criminal
liability for acts committed in connection, incident or related to the subject incidents.

b) Restore Civil and Political Rights

The grant of amnesty shall effect the restoration of civil and political rights or entitled of
grantees that may have been suspended, lost or adversely affected by the virtue of any
executive, administrative or criminal action or proceedings against the grantee in
connection with the subject incidents, including criminal conviction or any form, if any.

Limitations on the grant of Amnesty

1. It cannot be granted in cases of impeachment

2. It cannot be granted in cases of violation of election laws without the favorable
recommendation of the Commission on Election.
3. It cannot be granted in cases under R.A. 9745, otherwise known as the “An act penalizing
torture and other cruel, inhuman and degrading treatment or punishment.”
4. It covers only political offenses and crimes connected and incident thereof and shall not
cover rape, crimes against chastity, and other crimes committed for personal ends.
 5. It cannot be granted in cases of legislative contempt as it would violated separation of
powers, or civil contempt (as the State is without interest in the same)

COMMUTATION OF SENTENCE

What is commutation of sentence?

It is reduction of penalty imposed; a remission of a part of the punishment; a substitution

of a less penalty for the one originally imposed.

What agencies of the government that administers commutation of sentence?

The DOJ administers the probation and correction system of the country through the
Bureau of Corrections (BuCor), the Board of Pardons and Parole (BPP) and the Parole and
Probation Administration (PPA)

What are the salient features and limitations of Commutation of Sentence?

1. It is a form of executive clemency.

2. It can only be granted by the President upon recommendation by the Board or Pardons
and Parole.
3. It can only be granted upon conviction.
4. It can only be granted, typically, while the person is serving the sentence.
5. It does not erase the fact of conviction of the person.
6. A condition is normally attached, usually maintaining good behavior.

What are the so-called extraordinary circumstances where the Board of Pardons and
Parole is required to recommend to the President for the grant of executive clemency?

The Board shall recommend to the President the grant of executive clemency when any of
the following extraordinary circumstances are present:

1. The trial court or appellate court in its decision recommended the grant of executive
clemency for the inmate;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared
to the crime committed;
3. Evidence which the court failed to consider, before conviction which would have justified
an acquittal of the accused;
4. Inmates who were over fifteen (15) years but under eighteen (18) years of age at the
time of the commission of the offense;
5. Inmates who are seventy (70) years old and above whose continued imprisonment is
inimical to their health as recommended by a physician of the Bureau of Corrections
Hospital and certified under oath by a physician designated by the Department of Health;
6. Inmates who suffer from serious contagious or Inmates who suffer from serious,
contagious or life-threatening illness disease, or with severe physical disability such as
 those who are totally blind, paralyzed, bedridden, etc., as recommend by a physician of
the Bureau of Corrections Hospital and certified under oath by physician designated by the
Department of Health;
7. Alien inmates who suffer where diplomatic considerations and amity among nations
necessitate review; and
8. Such other similar or analogous circumstance whenever the interest of justice will be
served thereby”

Aside from extraordinary circumstances aforementioned, when can prisoner (s) avail
of or be considered for executive clemency of Commutation of Sentence?

When none of the extraordinary circumstances enumerated in Section 3 exist, the

Board may nonetheless review and/or recommend to the President the grant of executive
clemency to an inmate provided the inmate meets the following minimum requirements of
imprisonment and should have served:

a) At least-one third (1/3) of the definite or aggregate prison terms;

b) At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
c) At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other
special laws;
d) At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms
were adjusted to a definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code as amended;
e) At least fifteen (15) years of inmates convicted of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws, committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
f) At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or
life imprisonment for violation of Republic Act No. 6425, as amended, otherwise known as
“The Dangerous Drug Act of 1972” or Republic Act No. 9165 also known as “The
Comprehensive Dangerous Drugs Act of 2002”, and for kidnapping for ransom or violation
of the laws on terrorism, plunder and transnational crimes;
g) At least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua
or life imprisonment even if their sentences were adjusted to a definite prison term of
forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code,
as amended;
h) At least twenty-five (25) years of inmates originally sentenced to death penalty but which
was automatically reduced or committed to reclusion perpetua or life imprisonment.

What is the effect of commutation of sentence and its relevancy in Non-institutionalize

Corrections?

The commutation of the original sentence for another of a different length and nature
shall have the legal effect of substituting the latter in the place of the former.

Commutation of sentence acquires importance and becomes useful only in the granting of
parole. Only in case of parole is commutation of sentence necessary because the law says that it
cannot be granted to persons convicted of offense punished by death, life imprisonment, or
reclusion perpetua. So to be eligible for parole, any of these sentences must first be commuted
to lighter penalties with durations that make the grant of parole legally feasible.
 REPRIEVE

What is Reprieve?

It the postponement of a sentence or stay of execution. It refers to the deferment of the

implementation of sentence for an interval of time; it does not annul the sentence but merely
postpones or suspends its execution.

Who can exercise the power of Reprieve?

As a rule, reprieve is within the domain of the Chief of Executive and the exercise of
discretion cannot be questioned by either the legislative or judicial branch of the government.
However, a reprieve or postponement can be granted by one or the other, either by:

1. The President (King) under his pardoning power, or

2. The court. Every court which has the power to order an execution has also the power to
orders its postponement. (Clifford vs. Heler, 63 N.J. L., 105; 42 Atl., 155; 57 L.R.A.,
312).
3. By mandate of law.

What are the instances where the court or Judiciary can stay execution of sentence
and possible scenarios?

The following instances, although no longer applies since death penalty has been suspended
indefinitely by Congress by virtue of Republic Act No. 9346, otherwise known as “An Act
Prohibiting the Imposition of Death Penalty in the Philippines”, enacted on June 24, 2006; yet
will be applicable should death penalty will again be RE-imposed by Congress for compelling
reasons involving heinous crimes:

1. Where the woman, on scheduled execution, is pregnant. – For example, the 12th of
the present month of January is fixed for the execution of the penalty upon such a
woman, and on the 11th, one day previous, a motion is presented to postpone the
execution during investigation of the circumstance as to whether she is really pregnant.
The law prescribes that the death penalty shall not be inflicted upon a pregnant woman,
nor may the sentence wherein it is imposed be communicated to her until forty days after
delivery (Penal Code, art. 104). If on the 11th of January it were clearly shown by
sufficient evidence that the woman was pregnant, the law’s precept must be obeyed; the
capital penalty must not be inflicted, nor may the sentence even be communicated to her
until forty days after her delivery. Were the penalty to be executed on the 12 th of January
on the ground that this date is unalterable on account of lack of jurisdiction in the trial
court, the law’s prohibition would be plainly violated and the consequent responsibility
unavoidably incurred. Postponement, alteration of the date or fixing an interval of time
for investigating the emergency and carrying out the provision of the law, should the
circumstance be proven, is absolutely necessary. No one can doubt that jurisdiction for
investigating such a circumstance cannot be other than judicial, so that a proper and
decisive finding may be made on the point of law. The motion on this particular incident
of the execution must necessarily presented to the court, for to nobody can it imply a
 change or alteration of the judgment, because the judgment remains in force and will be
executed, as res judicata, and finished; it would not be a thing decided and finished if it
were to have been executed on some particular date, since this is not a part of the
judgment, for neither the judgment of the lower court nor the affirmation of the
Supreme Court makes any mention of the date of execution. And if it did, for that very
reason the courts must be applied to for securing compliance with this article 104 of the
Penal Code. So it is that is always the courts to which application must be made for
postponement of the execution, for deferring the time fixed thereof, because the law so
directs, and the court is, beyond any doubt at all, the only authority competent to apply
this provision of the Penal Code.
2. Another instance where the law intervenes is that where insanity develops in the convict
before the date fixed for the execution. The same reasons as set forth for the preceding
instance hold good in this one, wherein it is the Penal Code itself which positively
determines the function of the trial court to pass upon and decide the matter. (Revised
Penal Code, Art. 8, par. 2)
3. An instance of the discretionary power (arbitrio) of the court that may be pointed of the
convict to be executed. A capital sentence has been passed upon Pedro Fernandez, and
one Pedro Fernandez has been a prisoner at the disposition of the court wherein all the
proceedings in the case have been had; but before the date fixed for the execution it has
been discovered on sufficient evidence that the prisoner Pedro Fernandez who is to be
executed in not the Pedro Fernandez of the complaint in the case and of the judgment;
and as the judgment cannot be executed upon any but the real culprit the execution must
be postponed in order not to incur the risk, the inhumanity, and the iniquity of hanging
an innocent person. It is an obligatory case of deferring or postponing the execution and
no one can doubt that it is the trial court, and not the executive authority, which has
power to make the proper finding on the identity but application to postpone the
execution for the purpose of investigating such emergency .

REMISSION AND FORFEITURE OF FINES

- Entails non-collection of money or property lawfully adjudged but it does not have
the effect of returning property already in the legal possession of the government
or a third person.

Nature of Fines imposed in every penalties

The imposition of fines as a penalty is common to the different scale of principal
penalties imposed, i.e., whether imposed in a capital punishment, afflictive, correctional
and light penalties, under the Revised Penal Code and even in special laws. Imposition of
fines may either be as a single of as an alternative penalty or in conjunction with a
principal penalty. Not all penalties, whether imposed by the Revised Penal Code or by
special laws, has a corresponding alternative or conjunctive fines that carries with it.

Nature of Remission of and forfeiture of fines as a form of executive clemency.

 The remission of and forfeitures of fines when granted by the President can no
longer be recovered or remitted to the grantee-convict if the same has already been in a
lawful possession of the government or third persons. The fines imposed as a penalty or
in conjunction with the principal penalty should not have been paid, otherwise, it can no
longer be recovered. This is because of the Constitutional provision under Section 29
(1), Article Ⅵ of the 1987 Philippine Constitution which states: “No money shall be paid
out of the Treasury except in pursuance of an appropriation made by law.”

Chapter 8

THE LEGAL SPHERE SURROUNDING THE LAW ON GOOD CONDUCT ALLOWANCES AND
SPECIAL TIME ALLOWANCE FOR LOYALTY

What is Good Conduct Time Allowance and Special time allowance for loyalty?

Good Conduct Time Allowance is a credit earned through the inmates’ good behavior in
any penal institution, rehabilitation or detention center or any local jail. The earned credit shall
be deducted to the period of the prisoners’ sentence.

Special Time Allowance for Loyalty, on the other hand, is a credit earned and granted to
inmates who have stayed in the place of confinement notwithstanding the existence of calamity
or catastrophe and to those who have evaded and escaped under the circumstances mentioned
in Article 158 of the Revised Penal Code and give himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away of the calamity or
catastrophe referred to in said article.

Notes:

Article 158. Evasion of service of sentence on the occasion of disorder,

conflagrations, earthquakes, or other calamities. – A convict who shall evade the service of
his sentence, by leaving the penal institution where he shall have been confined, on the occasion
of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or
during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time
still remaining to be served under the original sentence, which in no case shall exceed six
months. If he shall fall to give himself up to the authorities within forty-eight hours following the
issuance of a proclamation by the Chief Executive announcing the passing away of such
calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give
themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled
to the deduction provided in Article 98.
What is the legal basis of grant of Good Conduct Time Allowances and Special Time
allowance for loyalty?

The legal basis of the grant of Good Conduct Time Allowances are Articles 29, 94 and 97
of the Revised Penal Code, as amended by Republic Act No. 10592. Likewise, the legal basis of
the grant of Special Time Allowance for loyalty is Article 98 of the Revised Penal Code as
amended by R.A. 10592.

How is Good Conduct Time Allowance (GCTA) earned?

GCTA is earned under the following circumstances:

1. By offenders or accused who have undergone preventive imprisonment shall be credited

in the service of their sentence consisting of deprivation of liberty, with the full time
during which they have undergone preventive imprisonment if the detention prisoner
agrees voluntarily in writing after being informed of the effects thereof and with the
assistance of counsel to abide by the disciplinary rules imposed upon convicted prisoners.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.

2. By detention prisoners who does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners. In this case, he shall do so in writing with the
assistance of a counsel and shall be credited in the service of his sentence with four-fifths
of the time during which he has undergone preventive imprisonment.
3. For good conduct, aside from the preventive imprisonment deducted from the term of
imprisonment, any convicted prisoner in any penal institution, rehabilitation or detention
center or any other local jail shall entitle him to the following deductions from the period
of his sentence:
 During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;
 During the third of the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention;
 During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behavior
during detention;
 During the eleventh and successive years of his imprisonment, he shall be allowed
a deduction of thirty days of each month of good behavior during detention;
 At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.

How is Special Time Allowance for Loyalty (STAL) granted?

1. Where the prisoner, whether convicted and serving sentence or under preventive
suspension, evaded the service of his sentence under the circumstances mention in
the Article 158 of the Revised Penal Code gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away of
 the calamity or catastrophe referred to in said article. In this case, a deduction of
one fifth of the period of his sentence shall be granted.
2. Where the prisoner, whether convicted and serving service or under preventive
suspension, choses to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158 of this Code. In
this case, a deduction of two-fifths of the period of his sentence shall be granted.

Who are ineligible to apply for GCTA?

GCTA does not apply to the following prisoners:

1. When they are recidivists, or have been convicted previously twice or more times of any
crime; and
2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.

Who are ineligible to apply for STAL?

Any prisoner who, having evaded his preventive imprisonment or the service of his
sentence under the circumstances mentioned in Article 158 of this Code, did not gives himself up
to the authorities within 48 hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe referred to in said article.

Who grants Time Allowances?

Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal
or city jail shall grant allowances for good conduct. Such allowances once granted shall not be
revoked.

What are the instances where a prisoner may, pending trial, be release?

1. On bail:
 Where it is a matter of right,
 Where it is a matter of discretion and the evidence of guilt is not strong
2. On recognizance, where applicable.
3. Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to
the continuation of the trial thereof or the proceeding on appeal, if the same is under
review.
4. In case the maximum penalty to which is the accused may be sentenced is destierro he
shall be released after (30) days of preventive imprisonment.

“Computation of preventive imprisonment for purposes of immediate release under his

paragraph shall be the actual period of detention with good conduct time allowance.
Provided, however, That if the accused is absent without justifiable cause at any stage of
the trial, the court may motu propio order the rearrest of the accused: Provided, finally,
 That recidivist, habitual delinquents, escapees and persons charged with heinous crimes
are excluded from the coverage of this Act.”

Chapter 9

Processes of Issuance of Release/Discharge Order

BJMP Comprehensive Operations Manual 2015 Edition

Whereas, Republic Act No. 6975, otherwise known as the “Department of the Interior and Local
Government Act of 1990,” provides that the task of jail management and penology shall be the
responsibility of the Bureau of Jail Management and Penology (BJMP). As an institution, and
pursuant to the mandate earlier mentioned, the BJMP has defined through consultative and
participatory strategic planning sessions its vision, mission, powers, functions, values, objectives
and principles;

Whereas, in view of the number of challenges brought about by time and circumstances having
particular bearing on the bureau's operations, it behooves the BJMP to revisit its existing
Comprehensive Operations Manual make it more responsive to the bureau's mandate of
"Safekeeping and Development" of all district, city and municipal jail inmates;

Whereas, it has become imperative to ensure uniformity in the discharge of functions by all BJMP
personnel concerned; to ensure uniformity in the implementation BJMP policies, rules and
regulations; and to ensure uniformity in the treatment of inmates in BJMP-manned jails including
those over which BJMP may exercise operational jurisdiction, by virtue of a Memorandum of
Agreement (MOA);

NOW, THEREFORE, pursuant to Book IV of the Administrative Code of 1987, this second edition
of BJMP Comprehensive Operations Manual is hereby adopted for observance, and guidance
relative to ensuring humane safekeeping and development of inmates.

Section 31. MODES AND GUIDELINES FOR RELEASE - The following modes and guidelines
shall be observed when inmates are to be released from detention:

1. An inmate may be released through:

a. Service of sentence;

b. Order of the Court;

c. Parole;

d. Pardon; and

e. Amnesty.

2. Before an inmate is released, he/she shall be properly identified to ensure that he/she is the
same person received and is subject of release. His/her marks and fingerprints shall be verified
with those taken when he/she was received. Any changes or differences in his/her distinguishing
marks and scars shall be investigated to ascertain his/her real identity in order to prevent the
mistaken release of another person;

3. No inmate shall be released on a mere verbal order or an order relayed via telephone. The
release of an inmate by reason of acquittal, dismissal of case, payment of fines and/or
indemnity, or filing of bond, shall take effect only upon receipt of the release order served by the
court process server. The court order shall bear the full name of the inmate, the crime he/she
was charged with, the criminal case number and such other details that will enable the officer in
charge to properly identify the inmate to be released;

4. Upon proper verification from the court of the authenticity of the order, an inmate shall be
released promptly and without unreasonable delay;

5. Under proper receipt, all money earned, other valuables held and entrusted by the inmate
upon admission, shall be returned to him/her upon release; and

6. The released inmate shall be issued a certification of discharge from jail by the warden or
his/her authorized representative.

Section 32. PROCEDURE ON RELEASING - The procedures shall be observed when inmates
are to be released from detention.

1. Desk Officer

Upon receipt of release order, the desk officer shall coordinate with the paralegal officer for
verification of the authenticity of said order.

2. Paralegal Officer

Verifies the authenticity of the release order.

3. Records/Admin Officer

a. Starts processing inmate’s release.

b. Checks inmate records to ensure that the data in the release order coincide with the data in
the inmate’s carpeta (spelling of name, offense, Criminal Case Number, etc.).

c. Checks that the inmate has no other pending case/s.

d. Routes the release paper to different signatories.

4. Property Custodian

1. Checks on the receipt of property and returns to the inmate his/her deposited items.

2. Makes sure that returned items of the inmate are duly received and properly recorded.

5. Desk Officer

Records the release of inmate and the condition of the inmate upon his/her release.

6. Jail Warden

Reports to concerned agencies/persons the release of inmate for aftercare program. Upon
release of the inmate, the warden shall notify the following agencies/persons:

Barangay Captain - mandatory

Priest or religious minister - mandatory

Family - if release is not witnessed by any member of immediate family

Court - in case of convicted inmate

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10575,
OTHERWISE KNOWN AS “THE BUREAU OF CORRECTIONS ACT OF 2013”

RULE I – PRELIMINARY PROVISIONS

Section 1. Short Title and Purpose. This Revised Implementing Rules and Regulations,
hereinafter called the IRR, is hereby adopted and promulgated pursuant to Section 23 of
Republic Act (RA) No. 10575, otherwise known as the “The Bureau of Corrections Act of 2013”
for the purpose of prescribing and applying the necessary rules and regulations for the
strengthening of the correctional services.

RULE V – OPERATIONS AND STRUCTURE OF BUCOR

Section 5. Operations of the Bureau of Corrections. The major procedures of operation in BuCor
through the prescribed organizational structure underscore a systematic workflow as provided
for in this Act is described in the following:

a) General Process. The BuCor shall operate with a directorial structure. It shall undertake
reception of inmates through its Directorate for Reception and Diagnostics Implementing Rules
and Regulations of R.A. 10575 | Total pages: 67 | Page 7 (DRD), formerly Reception and
Diagnostic Center (RDC), provide their basic needs and security through its Security and
Operations Directorates, administer their reformation programs through its Reformation
Directorates, and prepare inmates for reintegration to mainstream society through its
Directorate for External Relations (DER), formerly External Relations Division (ERD)

e) Pre-Release and Post-Release Programs. The Directorate for External Relations (DER) shall be
responsible for pre-release and post-release programs of inmates due for release. The DER shall
also evaluate, classify and apply necessary reformation programs to inmates for readiness to
join the mainstream society upon release, as part of the pre-release program. The inmate
readiness programs are customized towards their specialization in the areas of educational
growth, livelihood entrepreneurship, sports engagement, religious practice, and appropriate
medical treatment. This specialization is intended for the continuous practice of inmates in these
areas in the free society through linkages, liaison, and coordination efforts undertaken by DER
with the appropriate agencies/institutions participating in Post-Release Programs such as
government or private schools, churches, health centers, government or private hospitals, and
local government units. The DER shall also classify inmates according to professional, technical
and vocational skills acquired for referral and endorsement to appropriate companies or
corporations participating in BuCor On-The-Job Training and Skills Development Programs for
newly reformed inmates. The conduct of post release programs by DER includes monitoring and
evaluation of performance of released inmates on their specialized areas among the participating
agencies/institutions in the free society to assess the effectiveness and applicability of
reformation programs institutionalized by BuCor. In order to fully implement a successful
reintegration of released inmates to the community, the following circumferential objectives are
to be focused upon by DER, to wit:

1) Secure support from family and community prior to release period; and
2) Secure acceptance from family and community upon release.

These shall facilitate the achievement of the core reintegration objectives, which are aimed at
the a) restoration of civil identity by society upon restoration of civil rights by law, and b) re-
establishment of lost personal identity as law-abiding citizen in the free society. The personnel of
DER shall perform diagnostics functions to classify inmates for the application of appropriate pre-
release and post-release programs. Administration of pre-release programs by DER shall be
assisted by reformation officers. Post release programs shall be performed solely by DER
personnel.

Throughout the course, from DRD to the Custodial Force and Reformation Personnel, and finally
to DER, inmates of BuCor are continuously accorded with the proper safekeeping.