NON-INSTITUTIONAL

CORRECTION

Community Based Program

Non – Institutional Corrections
Non – Institutional Corrections – take charge of correcting
offender through community based – program such as
probation, suspended sentence for first time minor
offenders, Parole and Conditional Pardon.
Types of Non-institutional Correction Programs
Probation
➢It is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of
a probation officer.
Indeterminate Sentence Law / Parole Program
➢It is that type of correctional program that enables the convicted felon after
serving the minimum imposable penalty may be eligible for release on parole.
Executive Clemency
➢It is the power of the Chief Executive to grant amnesty, commutation of
sentence, pardon, reprieve and remit fines and forfeitures to convicted
prisoners
Restorative Justice Program
➢It refers to the program enacted under RA 9344 for CICL’s that requires a
CICL’s to undergo after he/she is found responsible for an offense without
resorting to formal court proceeding like diversion, intervention and
Community based programs.
Community - Based Correction Programs in the Philippines

➢The Community-Based Treatment Programs are those

programs that are intended to treat criminal offenders within the
free community as alternatives to confinement.
➢It includes all correctional activities directly addressed to the
offender and aimed at helping him to become a law- abiding
citizen.
Advantages of Community - Based Correction

1. Family members need not be victims also for the imprisonment

of a member because the convict can still continue to support his
family.
2. Rehabilitation will be more effective as the convict will not be
exposed to hardened criminals in prisons who will only influence
him to a life of crime.
3. Rehabilitation can be monitored by the community thus
corrections can be made and be more effective.
4. It is less costly on the part of the government. Cost of
incarcerations will be eliminated which is extremely beneficial on
the part of the government.
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, provide for public safety
and rehabilitate and promote effective reintegration.
➢A community correction has traditionally emphasized
REHABILITATION as its goal. The staff of community
correctional programs has two potentially competing roles that
reflect different goals:
a. Seeing that offenders comply with the orders of community
sentences.
b. Helping offenders identify and address their problems and needs.
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.
Agencies Concerned
Parole and Probation Administration (PPA)
✓Headed by Administrator
✓Handles the Investigation petitioners for Probation & Supervision of Probationer,
Parolees, and Conditional Pardonees.
✓Hon. Teodulo Natividad was the first Administrator
Board of Pardons and Parole (BPP)
✓Headed by Chairman (DOJ Undersecretary)
✓Responsible for grant of Parole and recommending Executive Clemency to the
President ( E.O 83, series of 1937)
Department of Social Welfare and Development (DSWD)
✓ Act. 3202, PD 603
✓ JJWC (9344) IJISC (10630)
✓Headed by DSWD Undersecretary as Chairman
✓renders services for Children in Conflict with the Law (CICL)
Probation
➢One of the most common forms of community correction is probation.
Probation can be thought of as a type of post-trial diversion from
incarceration.
➢A term coined by John Augustus, from the Latin verb “Probare”- to
prove, to test.
➢Latin word “Probatio” coined by Frederick Renier which means
testing period
➢It is a disposition under which a defendant after conviction of an
offense, the penalty of which does not exceed 6 years of
imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
History of Probation
Royal pardons
➢could be purchased by the accused; activist judges could refrain from
applying statuses or could opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders could
be charged with a lesser crime.
Shock Imprisonment
Split Sentencing
Forerunners of Probation
Benefits of Clergy
➢if any member of the clergy was brought to trial before the king’s court,
such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner was subject
to the authority of the Ecclesiastical Court only.
Judicial Reprieve
➢when there is a favorable circumstance in the criminal’s character in
order to give him opportunity to apply to the King for either an absolute
an or conditional pardon. Early English courts began to grants
reprieves to prisoners under sentence of death on condition that they
accept deportation to English settlements in America.
Forerunners of Probation

Recognizance or “Binding over for good behavior”

➢this is considered as the direct ancestor of probation. This involves an
obligation or promise sworn to under court order by a person not yet
convicted of crime he would keep the peace and be of good behavior.
Transportation
➢this was developed from an ancient practice of banishment and
flourished for more than two hundred years as a principal method of
disposing offenders. It served mainly as cheap source of supplying
labor to the colonies of England.
 Historical Development of Probation in England
England - It is where probation started in a form of suspending
judgment and releasing offender on his own Recognizance (ROR)
Mathew Davenport Hill - Father of Probation in England
➢an 18th century English barrister and judge
➢became the Recorder of Birmingham, a judicial post.
➢He finds persons who act as guardians of the juvenile offender. Then at an
unexpected period, the confidential officer visits the guardian, makes inquiries
and keeps notes of information received.
➢Hill had police officers pay periodic visits to these guardians in an effort to
tack the offender’s progress and to keep a running account.
Historical Development of Probation in USA
Aid Association of Maryland
➢organized in 1869
➢Employed agents to visit the prison and assist released prisoners
➢they began to investigate cases and assist offenders before the Baltimore courts.
➢A 1894 law provided that any court in the state might release on probation for “good
conduct” a person convicted of any offense not capital, if no previous conviction was
proved against him, upon his entering into a recognizance, with or without sureties, and
during such period as the court may direct to appear and received judgment when
called upon, and in the meantime to keep the peace and be of good behavior.
USA
➢The first state to enact a real probation law, the first practical demonstration of
probation, first use of the term as court service, and the enactment of the first probation
law occurred in Massachusetts on April 21, 1878
➢but widely upon the passage of the first Juvenile Court law of Cook Country in Illinois
✓ Edward Savage – first Probation officer
Historical Development of Probation in USA
John Augustus (True Probation Officer)
➢Father of Probation in the USA.
➢Was a Boston shoemaker
➢member of Washington Total Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
➢In 1841, John Augustus attended police court to bail out a “common drunkard,”
the first probationer.
➢He volunteered his 18 years in life as probation officer
1841 – considered as birth year of probation.
➢August 1841- Rugged drunk man (3 weeks -The drunkard was brought back to
court where the judge cannot recognize him. Imposes a fine of $ 3.76.)
➢By 1858, John Augustus had provided bail for 1,946 men and women, young
and old. Reportedly, only ten of this number forfeited their bond.
Fr. Rufus Cook – a chaplain in Boston, Massachusetts who continued the work
of Augustus after the latter’s death and employed humane but unscientific
approach.
Historical Development of Probation in USA
Massachusetts became the 1st country to enact a probation law on
April 21/26, 1878
➢Developed “Security for Good Behavior” or otherwise known as Good
Aberrance
➢It was signed by Alexander Hamilton Rice
➢Massachusetts Trial Court Probation Service, more commonly referred to as the
Massachusetts Probation Service (MPS), is the Commonwealth's primary
supervisory law enforcement agency. Created in 1878, it is the first Probation
agency established in the United States.
➢Gardner Taft – Director of Massachusetts Board of State Charities and
Corrections. He said “the result for probation in cases of Juvenile offender
proved effectively, and authorize to appoint probation officer for adult offender.
 Historical Development of Probation in USA
Missouri
➢adopting a partial measure with its “Parole of Convicted Person’s Law Of 1897.”
Vermont
➢The 2nd state to enact probation law.
➢Vermont Act of 1898
➢ The Real Probation Law (applied to adult offenders)
➢like Missouri and unlike Massachusetts provided for probation only after
suspension of the execution of sentence.
Rhode Island
➢The 3rd state to enact a real probation law
➢First appeared a complete state-administered probation system.
➢The Act of 1899 empowered the board of state charities and corrections to
appoint a state probation officer and additional probation officers, “one of whom
at least shall be a women,” to serve all courts in the state.
Historical Development of Probation in USA
1899
➢Minnesota and Illinois enacted laws giving probation service to children
only
1901
➢Probation in New York State had its official beginning
January 11, 1909
➢The first probation bill was introduced during the 60th congress, 2nd
session by Representative McCall of Massachusetts.
March 4, 1925
➢The 1st Federal Probation Act became law, signed by President Calvin
Coolidge.
Historical Development of Probation in USA

New Jersey
➢The 4th state to pass e general probation law after the New England
Model in 1900
New York
➢The 5th state to provide for adult probation
California
➢The 6th state to enact adult probation law and juvenile court laws, both
in 1903
Historical Development of Probation in USA
Killets Case
➢This decision led to the passing of the National Probation Act of
1925, thereby, allowing courts to suspend the imposition of
incarceration and place an offender on probation
✓signed by President Calvin Coolidge
✓the U.S. Federal Probation Service was established.
History of Probation in the Philippines
Act No. 4221
➢enacted by the Philippine legislature on August 07, 1935 and which
created a Probation Offices under the Department of Justice led by a
Chief Probation Officer appointed by the American Governor General with
the advice and consent of the United States.
➢This Law provided probation for the first time offenders, eighteen years of
age and over, convicted of a certain crime.
➢Lasts for only 2 years. The act subsequently declared unconstitutional by
the Supreme Court on Nov. 16, 1937 in People vs. Vera
▪ ISSUE: Whether or not:
1. Encroaches upon the pardoning power of executive.
2. Constitute on undue delegation of legislative power.
3. Denies the equal protection of the law.
History of Probation in the Philippines
"National Strategy to Reduce Crimes“
➢On July 24, 1976
➢A National Crime Prevention Program presented by Inter-Disciplinary
Committee that was created by NAPOLCOM in 1974.
➢ The Strategy proposed a two-pronged attack to reduce crime in the country,
namely:
1. to give emphasis on the prevention and control of high-fear and economic crimes
by implementing a number of priorities of actions; and
2. to improve the quality of the criminal justice system by facilitating teamwork among
its interdependent components.
✓ Making corrections more attuned to its role of rehabilitating law offenders;
▪ One priority action was to establish an adult PROBATION SYSTEM.
History of Probation in the Philippines
Teodulo C. Natividad
➢He is the Father of Probation in the Philippines. He headed the
committee (IDCCP) primarily tasked with the drafting of the adult
probation law.
➢First Administrator of the Parole and Probation Administration which
attached to the DOJ
➢First Filipino Vice President of the United Nations Congress, Geneva
Switzerland
➢Former NAPOLCOM commissioner
➢Former Congressman of Bulacan
➢Introduced House Bill No. 393 in collaboration with former
Congressman Ramon D. Bagatsing.
✓ The measure was passed in the Lower House and was pending in the senate
when Martial Law was proclaimed in 1972.
 History of Probation in the Philippines
P.D. 968
➢Reestablished the adult probation law which was signed by Pres. Ferdinand
Marcos on July 24, 1976.
➢“Probation law of 1976” otherwise known” Adult Probation Law of 1976”
➢April 24, 1976 Draft the decree by NEPTALI GONZALES
➢In July 24, 1976 was approved by late President Ferdinand E. Marcos
➢In January 3, 1978 was took effect
PD 1257
➢Comment of the prosecutor within 10 days
➢Decision for granting of Probation by the judge within 15 days
BP 76
➢6 years and 1 day imprisonment is qualified for probation
PD 1990
➢Remove “1 day” and made 6 years imprisonment and below qualified for probation
 History of Probation in the Philippines
E.O 292 Administrative Code Of 1987
➢Renamed Probation Administration (968) to Parole and Probation
Administration
BPP Resolution 229
➢Authorized the PPA to supervise and conduct investigation on
parolee and pardonee
✓Pre – executive Clemency (30 days)
✓Pre-Parole Investigation (60 days)
 PD No. 968 vs
Sec. 4. Grant of Probation. — Subject to the
provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the
execution of said sentence and place the defendant
on probation for such period and upon such terms and
conditions as it may deem best.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial
court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The
filing of the application shall be deemed a waver of the
right to appeal, or the automatic withdrawal of a
pending appeal.
An order granting or denying probation shall not be
appealable.
RA No. 10707
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.
 PD No. 968 vs
Sec. 9. Disqualified Offenders. — The benefits of
this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of
imprisonment of more than six years;
(b) convicted of any offense against the security of
the State;
(c) who have previously been convicted by final
judgment of an offense punished by imprisonment
of not less than one month and one day and/or a
fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the
provisions of this Decree; and
(e) who are already serving sentence at the time the
substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
RA No. 10707
“(a) sentenced to serve a maximum term of
imprisonment of more than six (6) years;
“(b) convicted of any crime against the national
security;
“(c) who have 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 of more than one
thousand pesos (Php 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
PD No. 968 vs
Sec. 16. Termination of Probation. — After
the period of probation and upon
consideration of the report and
recommendation of the probation officer, the
court may order the final discharge of the
probationer upon finding that he has fulfilled
the terms and conditions of his probation
and thereupon the case is deemed
terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost
or suspend as a result of his conviction and
to fully discharge his liability for any fine
imposed as to the offense for which
probation was granted.
The probationer and the probation officer
shall each be furnished with a copy of such
order.
RA No. 10707
“SEC. 16. Termination of Probation. - After
the period of probation and upon
consideration of the report and
recommendation of the probation officer, the
court may order the final discharge of the
probationer upon finding that he has fulfilled
the terms and conditions of his probation
and thereupon the case is deemed
terminated.
“The final discharge of the probationer shall
operate to restore to him all civil rights lost
or 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.”
 PD No. 968 vs
Sec. 24. Miscellaneous Powers of
Provincial and City Probation
Officers. — Provincial or City
Probation Officers shall have the
authority within their territorial
jurisdiction to administer oaths and
acknowledgments and to take
depositions in connection with their
duties and functions under this
Decree. They shall also have, with
respect to probationers under their
care, the powers of a police officer.
RA No. 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 acknowledgments and to
take depositions in connection with
their duties and functions under this
Decree. They shall also have, with
respect to probationers under their
care, the powers of a police officer.
They shall be considered as persons
in authority.”
 PD No. 968 vs
Sec. 27. Field Assistants,
Subordinate Personnel. —
Provincial or City Probation
Officers shall be assisted by such
field assistants and subordinate
personnel as may be necessary to
enable them to carry out their
duties effectively.
RA No. 10707
“SEC. 27. Field Assistants,
Subordinate Personnel. -
Regional, Provincial or City
Probation Officers shall be
assisted by such field assistants
and subordinate personnel as
may be necessary to enable them
to carry out their duties
effectively.”
PD No. 968 vs
Sec. 28. Probation Aides. — To assist the
Provincial or City Probation Officers in the
supervision of probationers, the Probation
Administrator may appoint citizens of good
repute and probity to act as probation aides.
Probation Aides shall not receive any
regular compensation for services except for
reasonable travel allowance. They shall hold
office for such period as may be determined
by the Probation Administrator. Their
qualifications and maximum case loads
shall be provided in the rules promulgated
pursuant to this Decree.
RA No. 10707
SEC. 28. Volunteer Probation Assistants (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, for
services rendered as VPAs.
“They shall hold office for a two (2)-year term
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 the
implementing rules and regulations of this Act.
Case Load
The maximum supervision caseloads of a Probation Aide /
Volunteer Probation Assistants at any given time shall be
1. Ten (10) probationers on minimum case classification or
2. Three (3) probationers on maximum case classification in
addition to other duties.
Qualifications of Volunteer Probation Assistants
a) Must be citizens of good repute and probity.
b) At least 18 years of age on the date of appointment
c) At least high school graduates and
d) Preferably residence of the same locality or community covering
the place of residence of the probationer and/or the CPPOs,
SPPOs, and SrPPOs, PPOsII, and PPOsI.
Other qualification
1. Of sound mind and of good moral character.
2. As adequate and stable income and willing to serve without any
compensation.
3. Has no criminal record of conviction, except those who have shown
exemplary may therefore be considered role model to fellow offenders.
4. Has the time to supervise a maximum of 5 clients.
Purpose of Probation
✓Promote the correction and rehabilitation of an offender by
providing him with individualized treatment.
✓Provide an opportunity for the reformation of a penitent
offender.
✓Prevent commission of an offense.
 Benefits Of Probation
1. Protects of society
a. From excessive e cost of
detention.
b. From the high rate of recidivism.
2. Protects the victim
a. It provides restitution.
b. It preserves justice.
3. Protects the family
a. It does not deprive the wife and
children of husband.
b. It maintains the unity of the
homes
4. Assist the government
a. Reduce the population of prison
and jails
b. Lessen the clogging of courts.
c. Enlighten loads of prosecutors.
5. Helps the offender
a. Maintain his earning power.
b. Provides rehabilitation in the
community.
c. Restore his dignity.
6. Justifies the philosophy of men
a. Life is sacred.
b. All men deserve second chance.
c. Individual can change.
 Requirements on how to avail the benefits of
P.D 968, as amended
Section 8. Criteria for Placing an Offender on Probation. In
determining whether an offender may be placed on probation, the
court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.
Probation shall be denied if the court finds that:
a. The offender is in need of correctional treatment that can be provided most
Effectively by his commitment to an institution; or
b. There is undue risk that during the period of probation the offender will
commit another crime; or
c. Probation will depreciate the seriousness of the offense committed.
Disqualified Offenders.
a. Imprisonment of more than six years;
b. Convicted of any Crime against the National Security of the or
Crimes against Public Order ;
c. who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than Two Hundred
Pesos;
d. who have been once on probation under the provisions of this
Decree; and
e. who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to
Section 33 hereof.
Violation of the Following shall Disqualify an
Offender to avail of the Benefits of Pd 968, as amended
1. Video gram Law (PD 1987)
2. Omnibus Election code (BP 881)
3. Wage Rationalization Act (R.A 6727)
4. Comprehensive Dangerous Drugs act (R.A 9165) except:
➢Sec. 12 - Possession of Equipment, Instrument, Apparatus and Other Paraphernalia
for Dangerous
➢Sec. 14 - Possession of Equipment, Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs during Parties, Social Gatherings or Meetings.
➢Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
➢Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu
of Imprisonment.
✓ A drug dependent who is discharged as rehabilitated by the DOH-accredited center through
the voluntary submission program but does not qualify for exemption from criminal liability
under Section 55 of the Act may be charged under the provisions of the Act, but shall be
placed on probation and undergo community service in lieu of imprisonment and/or fine in the
discretion of the court.
Post Sentence Investigation
Scope of Investigation
➢The inquiry should be a thorough investigation into the character,
antecedents, environment, mental and physical condition of the
offender and available institutional and community resources as well as
all other matters bearing the following questions:
✓ (a) Whether or not the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;
✓ (b) Whether or not there is undue risk that during the period of probation the
offender will commit another crime; and
✓ (c) Whether or not probation will depreciate the seriousness of the offense
committed.
Courtesy Investigation
Full Blown Courtesy Investigation (FBCI)
1. Is a transient offender in a place of commission of the crime and/or a
permanent resident of another place;
2. Has spent pre-adolescent and/or adolescent life in the province or city of
origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances who are residents
of the place of origin. Blown Courtesy Investigation (FBCI)

Partial Courtesy Investigation (PCI) – It shall be used for petitioners who do

not fall within the purview of the FBCI and is conducted by another PPO.
Submission of Investigation Report
➢The investigation report having been completed, the Chief Probation
and Parole Officer should submit his report to the court, “not later
than 60 days from receipt of the order of the court to conduct the
investigation”.
➢The same period is merely directory, not mandatory, in the sense
that an investigation report submitted after 60 days would still be a
valid report.
➢NO COPY OF REPORT FOR APPLICANT
✓The investigation report as well as the supervision history “shall be privilege
and shall not be disclosed directly or indirectly to anyone other than the
Parole and Probation Administration or the court concerned.
➢NO RIGHT OF APPLICANT TO COMMENT ON REPORT
✓There is nothing in the Probation Law which entitles the applicant to submit
any comment or demand that the court should consider the same.
Grant or Denial of Probation
Probation Discretionary - Probation shall be denied if the court finds
that:
✓The offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
✓There is an undue risk that during the period of probation, the offender will
commit another crime; or
✓Probation will depreciate the seriousness of the offense committed.
▪ APPLICANT MAY REJECT GRANT OF PROBATION
✓ The law does not oblige the defendant to accept the probation granted by the court. He
should be allowed to turn down the same grant especially since he might feel that the
terms and conditions thereof are too onerous for him.
Issuance of Probation Order-
➢A probation order shall take effect UPON ITS ISSUANCE, at which time the
court shall
✓ inform the offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty impose for the offense under which he
was placed for probation..
Conditions of Probation
1. present himself to the probation officer designated to
undertake his supervision at such place as may be specified
in the order within Seventy-two hours from receipt of said
order;
2. Report to the probation officer at least once a month at such
time and place as specified by said officer.
Violation of Probation Condition
1. Fact finding investigation order of the court to the Chief
Probation and Parole Officer
2. The PPO prepare and submit violation report to the Chief
Probation and Parole Officer
3. Filing of violation report to the trial court
4. Arrest of erring probationer (WOA)
5. Hearing of violation in the court (summary in nature)
6. Disposition of probation either revocation, continuation or
modification
Modifications of Conditions For Probation
✓at any time during supervision
✓after summary hearing when the probationer violated any of its
conditions
✓upon application by the probation officer or the probationer
himself
Note: only the judge who heard and decided the case has
the power to grant, deny, modify, revoke and terminate
probation.
Absconding petitioner
➢a convicted defendant whose application for probation has been given
due course by the court but fails to report to the probation office or
cannot be located within a reasonable period of time.
Absconding probationer
➢a person whose probation was granted but failed to report for
supervision or fails to continue reporting for supervision or whose
whereabouts are unknown for a reasonable period of time.
 Outside Travel of Probationer
Section 41 of Parole and Probation Administration Omnibus Rules on
Probation Methods and Procedure. Purpose. Outside Travel. –
(a) A Probation Officer may authorize a probationer to travel outside his area of
operational/territorial jurisdiction for a period of more than ten (10) days but
not exceeding thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five
(5) days before the intended travel schedule a Request for Outside Travel
(PPA Form 7) with said Office properly recommended by the Supervising
Probation Officer on case and approved by the CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said request
shall be recommended by the CPPO and submitted to the Trial Court for
approval.
✓ Outside travel for a cumulative duration of more than thirty (30) days within a period of six
(6) months shall be considered as a courtesy supervision.
 Summary Process on Granting Probation
1. Granted by Court
2. 10 days to Prosecutor’s comment
3. Parole and Probation Administration
Officer
4. Referral “Order to Investigate
5. Post – Sentence Investigation
(PSI)(60 Days)
6. Post – Sentence Investigation Report
(PSIR)
7. Trial judge decision within 15 days
a. Granted – Probation Supervision
b. Denied – serve the original sentence
8. Condition (Mandatory and others)
a. Mandatory – within 72 hours report
b. Others – 1/mos.
9. Condition (Comply or Non-Comply)
a. Complied – Final or Termination
Report
10. Non-Complied – violation or
revocation report
a. hearing “Justified”
i. issue extension
ii. modify condition
c. Revocation order- w/ order to arrest
Early Discharge and Termination
The arrangement takes place when probation is made to pay
restitution, reparation and indemnification.
In PSIR the recommended payment is that within 1 ⁄ 2 of term
probation – full payment – eligible for consideration for early
termination.
Early Discharge and Termination
The following probationers may be recommended for the early
termination of their probation period:
1. Those who are suffering from serious physical and/or mental disability such
as deaf- mute, the lepers, the crippled, the blind, the senile, the bed-ridden,
and the like;
2. Those who do not need further supervision.
3. Those who have:
a. To travel abroad due to any of the following:
i. An approved overseas job contract or any other similar documents; or
ii. An approved application for scholarship,
iii. observation tour or study grant for a period not less than six (6) months; or
iv. An approved application for immigration.
v. An approved application to take the Bar and Board Examinations.
b. To render public service
i. Having been elected to any public office; or
ii. Having been appointed to any public office.
Note :
Provided, however, that the probationers involved have fully paid
their civil liabilities, if any.
And, that the probationers were not convicted for offenses
involving moral turpitude. Other probationers who have fully
cooperated with/participated in the programs of supervision
designed for their rehabilitation and who are situated under
conditions/circumstances similar in nature to those above
described at the discretion of the proper authorities.
Period of Probation and its Implication (Sec.
14 Of PD 968)
If the convict is sentenced to a term of imprisonment of
✓NOT MORE THAN ONE (1) year, the period of probation shall NOT
EXCEED TWO (2) YEARS.
In all cases, if he is sentenced to
✓MORE THAN ONE(1) YEAR, said period SHALL NOT EXCEED SIX
(6) YEARS.
When the sentence imposes a FINE ONLY and the offender is
made to SERVE SUBSIDIARY IMPRISONMENT in case of
insolvency, the period of probation shall NOT BE LESS THAN
NOR TWICE the total number of days of subsidiary imprisonment
as computed at the rate established by the RPC Art. 39.
 PAROLE
➢It is the process of suspending the sentence of a convict after
having served the minimum of his sentence without granting him
pardon, and the prescribing term upon which the sentence shall
be suspended.
➢It is the release from imprisonment, but without full restoration of
liberty, as parolee is in custody of the law although not in
confinement.
➢refers to the conditional release of an offender from a
correctional institution after he has served the minimum of his
prison sentence (Legal Definition)
➢French word “PAROLE D’ HONEUR” meaning “Word of Honor”.
Development of Parole
Alexander Maconochie
➢He is the Superintendent of the penal colony at Norfolk Island in
Australia (1840) who introduced the Mark System that became the
blueprint of modern day parole.
➢He is considered as the father of modern penology.
Mark System
➢A progressive humane system in which a prisoner is required to earn
a number of marks based on proper department, labor and study in
order to entitle him for ticket for leave or conditional release which is
similar to parole.
✓Prisoners who earned a required number of marks are given a ticket of leave
which is equivalent to parole.
✓Fair disciplinary trial, built churches, distribute book and allowed play to be
staged, permitted prisoners to find small garden and rehabilitation system.
Development of Parole
Walter Crofton
He is the director of the Irish Prison in 1854 who introduced the Irish
system that was modified from the Macanochie’s mark system.
Irish System (forerunner of the American parole system) involved
four (4) stages:
1. beginning with nine (9) months of solitary confinement
2. a period in which convicts could earn marks through labor and
good behavior,
3. transfer to an open prerelease prison when they have
accumulated the necessary number of marks a ticket of leave.
Development of Parole
1837
➢First Parole Law was passed in Massachusetts.
➢At the same time Captain Mochanochie, In charge of the
English Penal Colony in Norfolk Island, Australia, introduce a
system whereby a prisoner was given a “TICKET OF LEAVE”
(the equivalent of parole) after earning a certain required
number of marks.
Development of Parole
DR. S.G. HOWE OF BOSTON
➢First man to use the word “PAROLE”.
➢He used the word in a letter to the Prison Association of New
York in 1869, after some American Prison Reforms who
observed that the Irish Prison System paved the way for the
approval of the law --- creating Elmira Reformatory.
Development of Parole
Zebulon Brockway
➢First Superintendent of Elmira Reformatory in New York
➢He introduced training school type, education for prisoners, solitary
confinement for night and congregate workshop were adopted,
extensive use of parole and indeterminate sentence.
➢The Elmira Reformatory (1876 in Elmira, NY) First reformatory and
considered as the forerunner of modern penology because it had all
the elements of a modern system.
2nd grade of classification (6 mths) 1st Grade (6 months) Release
3rd grade misconduct
1 month of good behavior
Parole in the Philippines
Act No. 4103 (ISLAW)
➢as amended by Act No. 4203 and Act No. 4225
➢is the Indeterminate Sentence Law, which took effect on 5
December 1933 and currently still enforceable. This law is
responsible for the establishment of the parole system in the
Philippines and the Board of Pardons and Parole, which is tasked
to administer the parole system.
▪ E.O 83 Series of 1937
✓Change “Board of indeterminate sentence” to Board of Pardons
✓Has the power to assist and recommend to president in granting executive
clemency
▪ E.O 94 Series of 1947 “The Reorganization Law of 1947”
✓ Renamed to Board of Pardons and Parole
Constitutional and Statutory Mandate
➢The Board is the administrative arm of the President of the
Philippines in the exercise of the constitutional power to grant,
except in cases of impeachment, pardon, reprieve and amnesty
after conviction by final judgment.
➢The Indeterminate Sentence Law of 1933 was further amended
by RA 4203 which provided the qualifications, term of office,
composition and compensation of the Board members on June
19, 1965.
 Composition of the BPP
Sec. 3, Act 4103 BAR MEMBER
✓1 Chairman (DOJ Secretary) SOCIOLOGIST
TRAINED IN CORRECTION
✓4 members RETIRED JUDICIARY (NEW)
ADMINISTRATOR OF PPA
E.O 1007, Series of January 31, 1985 CLERGYMAN
✓1 Chairman (DOJ Secretary) EDUCATOR
✓4 plus 2 members. (6 members) At least one member of the board shall be a
E.O 154, Series of December 11, 2002 woman
✓ Appointed by the President for 6 years
✓1 Chairman
✓6 members (one of them is administrator of PPA as an ex officio member)
E.O 868, Series of 2010
1 Chairman (undersecretary)
7 members (assistant secretary)
Board of Pardons and Parole
➢The Board of Pardons and Parole was created pursuant to Act
No. 4103, as amended. It is the intent of the law to uplift and
redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal
liberty.
➢It grants parole and recommends to the President the grant of
any form of executive clemency to deserving prisoners or
individuals.
➢It reviews reports submitted by the Parole and Probation
Administration (PPA) and make necessary decisions
➢It is a functional unit under the Department of Justice.
Duties of the Board:
a. Look into the physical, mental and moral record of prisoners
who are eligible for parole and determines the prescriptive period
of their release;
b. Publication of names of Prisoners being considered for parole;
c. Notify the offended party;
d. Review cases of prisoners eligible for parole or executive
clemency; and
e. Issue referral to the Parole and Probation Administration.
Eligibility for Review:
1. His conviction is final and executory;
2. He has served the minimum period of the sentence imposed
upon him.
Disqualifications:
Prisoners are disqualified to be on parole if:
1. Their offenses are punished with death penalty, reclusion perpetua or
life imprisonment;
2. They were convicted of treason, conspiracy or proposal to commit
treason, misprision of treason, rebellion, sedition or coup d’ etat and
piracy or mutiny on the high seas or Philippine waters;
3. They are habitual delinquents;
4. They escaped from confinement or evaded sentence;
5. They have been on conditional pardon and had violated any of the
conditions imposed by the Board;
6. Their sentences do not exceed 1 year or those with definite sentence;
7. They are suffering from any mental disorder as proven by
agovernment psychiatrist or psychologist accredited by the Department
of Health; or
8. They have pending criminal cases.
 PAROLE vs
PAROLE
Administrative function exercised by the executive
branch of the government (executive
function)
Granted to a prisoner only after he has serve the
minimum of his sentence.
It is an extension of institutional. It is a
conditional release of a prisoner whereby he is
placed under the supervision of a Parole Officer
after serving his minimum sentence.
Granted by BPP
PROBATION
PROBATION
It is a judicial function exercise by the courts.
Granted to an offender immediately after
conviction.
It is substitute for imprisonment. Probation is an
alternative to imprisonment. Instead of being
confined in prison, the probationer is released to the
community by the court with conditions to follow and
is placed under the supervision
of PO.
Granted by the court
 PAROLE vs PROBATION
PAROLE PROBATION

Parolee Probationer

Parolee supervised by PPO Probationer supervise by PPO

Parole is administered by the Parole Board. Probation is handled by the Probation Administration

Parole does not restores full civil rights to parolee
It is granted more than once, depending on good
behavior during imprisonment
Probation is a community-based approach to
reformation of offenders.
Probation is more beneficent because it restores full
civil rights to the probationer upon termination unlike
parole.
Probation is enjoyed only once
Convict must serve the minimum of his sentence
before the grant.
 BPP vs PPA
BPP PPA

UNDER THE DEPARTMENT OF JUSTICE UNDER THE DEPARTMENT OF JUSTICE

HEADED BY A CHAIRMAN (SEC DOJ) HEADED BY AN ADMINISTRATOR

READ THE REPORTS OF PPA CONDUCTS PSI & SUPERVISION

APPROVES & REVOKES PAROLE SUBMITS REPORT TO COURT AND BPP

RECOMMENDS EXECUTIVE CLEMENCIES TO RECOMMENDS THE REVOCATION OF

THE PRESIDENT PAROLE AND PROBATION
RECOMMENDS THE REVOCATION OF CENTRAL OFFICE FOR PPO’S
PARDON
Parole Investigation Process
➢Process starts upon receipt of the Board of Prison and records
and CARPETA of national prisoners, (confirmed in national
penal farms and colonies) from the Director of Prisons.
✓The Director of Prisons has the responsibility to forward the document
to the Board of Pardons and Parole, 30 days before the expiration of
the prisoner’s minimum sentence.
✓Municipal, City, District and Provincial Jail Wardens have the obligation
to transmit to the Director of Prisons all pertinent records of prisoners in
jails 30 days before the expiration of such prisoner’s minimum
sentence.
✓ The Director of Prisons shall submit to the Board for its consideration within 15
days after receipt of a forestated records.
▪ At any time, prisoners or any person in their behalf can file a petition for parole
and executive clemency in view of the fact that NOT ALL prison records and
Carpetas of qualified national, provincial, district, municipal and city prisoners are
transmitted to the concerned authorities within the reglementary period.
Parole Investigation Process
If the petitioner’s application is considered, the Board will issue a
Referral, requesting the Parole and Probation Administration to
conduct the following within 30 days upon receipt thereof:
a. Conduct pre-parole investigation
b. Submit pre-parole investigation report
Upon receipt of said reports, the Board shall assess and
determines whether the petitioner is qualified for parole. If the
offender deserves to enjoy the benefits of being placed on
parole. “Release Document” or specifically known as “Discharge
on Parole” will be issued for prisoner’s temporary liberty.
Parole Investigation Process
Petition for Parole/Executive Clemency filed by convicted aliens
who are serving sentence in the Philippines are referred for
comment and recommendation to the Secretary of Foreign Affairs
who shall determine in so far as it is valid and legitimate the grant
of executive clemency to a foreigner should be done. The basis
of its approval shall be “Quid Pro Quo” or “something to
something”.
The Board can always act on the cases of a national prisoner
regardless of where he is confined. However, if still confined in
Municipal, City, District and Provincial jails, the warden shall
issue a certification that the continued confinement of the
prisoner in his jail is beyond his or prisoner’s control.
National Prisoner Confined in a Local Jail
➢The Board may not consider the release on pardon/parole of a
national prisoner who is serving sentence in a municipal, city, district
or provincial jail unless the confinement in said jail is in good faith or
due to circumstances beyond the prisoner's control.
The following are the National Prisoners:
1. Those who is sentenced to a maximum term of imprisonment of
more than three (3) years or to a fine of more than five thousand
pesos (php. 5,000);
2. Those who sentenced for violation of the customs law or other laws
within the jurisdiction of the bureau of customs or enforceable by it,
regardless of the length of sentence imposed by the court; and
3. Those one sentenced to serve two (2) or more prison sentences in
the aggregate exceeding the period of three (3) years.
 Sec. 15 Disqualification For Parole
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. those whose maximum term of imprisonment does not exceed one (1) year or those
with definite sentence;
i. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
Petitions for Executive Clemency
Parole
"The President of the Petitions for parole shall be
Philippines” addressed to the President but
Thru: The Chairman thru the Executive Director of
the Board. However, the Board
Board of Pardons and Parole may, motu proprio , consider
DOJ Agencies Bldg., NIA Road cases for parole, commutation
cor. East Avenue of sentence or conditional
pardon of deserving prisoners
whenever the interest of justice
Diliman, Quezon City" will be served thereby.
SEC. 12. Transmittal of Carpeta and Prison Record

➢In executive clemency/parole cases, the Director or Warden

concerned shall forward the prison record and carpeta of a
petitioner at least one (1) month prior to the eligibility for review
as specified in Sections 10 and 13 of these Rules.
➢The Director or Warden concerned shall also furnish the Board
and the Administration on or before the fifth day of every month,
a list of prisoners whose minimum sentences will expire within
ninety (90) days and those who may be considered for
executive clemency.
SEC. 21. Factors to be Considered in Petition for
Conditional Pardon, Commutation of Sentence or Parole
a. the age of the petitioner, the gravity of the offense and the manner in
which it was committed, and
the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously
ill or suffering from a physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his family
and friends, or the community in general, the possibility of retaliation by
the victim, his family and friends.
SEC. 22. Special Factors
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper,
a cripple or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government
physician;
e. those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations
necessitate review;
g. circumstances which show that his continued imprisonment will be inhuman or
will pose a grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice
will be served thereby.
SEC. 25. Board Action
➢A majority of the members of the Board, constituting a quorum,
shall be necessary to recommend the grant of executive
clemency or to grant parole; to modify any of the terms and
conditions appearing in a Release Document; to order the
arrest and recommitment of a parolee/pardonee; and to issue
certificate of Final Release and Discharge to a
parolee/pardonee.
➢The minutes of the meeting of the Board shall show the votes
of its individual members and the reason or reasons for voting
against any matter presented for the approval of the Board. Any
dissent from the majority opinion to grant or deny parole shall
be reduced in writing and shall form part of the records of the
proceedings.
Executive Clemency/Parole of An Alien

➢Petition for Parole/Executive Clemency filed by convicted aliens

who are serving sentence in the Philippines are referred for
comment and recommendation to the Secretary of Foreign
Affairs who shall determine in so far as it is valid and legitimate
the grant of executive clemency to a foreigner should be done.
The basis of its approval shall be “Quid Pro Quo” or “something
to something”.
➢The Board may recommend the grant of executive clemency or
grant parole to a prisoner who is an alien. In such a case, the
alien who is released on parole or pardon shall be referred to
the Bureau of Immigration for disposition, documentation and
appropriate action.
Sec. 14. Grant of Parole
A prisoner may be granted parole whenever the Board finds that
there is a reasonable probability that if released, he will be law-
abiding and that his release will not be incompatible with the
interest and welfare
SEC. 42. Cancellation of Pardon/Parole
➢The Board may recommend the cancellation of the pardon or
cancel the grant of parole of a client if it finds that material
information given by said client to the Board, either before or
after release, was false, or incomplete or that the client had
willfully or maliciously concealed material information from the
Board.
Parole Supervision
SEC. 28. Form of Release Document - The form of the Release
Document shall be prescribed by the Board and shall contain the
latest “1x1" photograph and right thumbprint of the prisoner.

Probation
➢ Sec. 6. Form of Investigation Report. — The investigation report to be submitted
by the probation officer under Section 5 hereof shall be in the form prescribed by
the Probation Administrator and approved by the Secretary of Justice.
SEC. 30. Initial Report
➢Within the period prescribed in his Release Document, the
prisoner shall present himself to the Probation and Parole Officer
specified in the Release Document for supervision. If within forty
five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and
Parole Officer shall inform the Board of such failure, for
appropriate action.
SEC. 31. Arrival Report
➢The Probation and Parole Officer concerned shall inform the
Board thru the Technical Service, Parole and Probation
Administration the date the client reported for supervision not
later than fifteen (15) working days therefrom.
Parole Supervision
SEC. 27. Parole Supervision
➢After release from confinement, a client shall be placed under
the supervision of a Probation and Parole Officer so that the
former may be guided and assisted towards rehabilitation.
➢The period of parole supervision shall extend up to the
expiration of the maximum sentence which should appear in the
Release Document, subject to the provisions of Section 6 of Act
No. 4103 with respect to the early grant of Final Release and
Discharge.
Parole Supervision
Transfer of Residence
➢A client may not transfer from the place of residence designated in his
Release Document without the prior written approval of the Regional
Director subject to the confirmation by the Board.
Outside Travel
➢A Chief Probation and Parole Officer may authorize a client to travel
outside his area of operational jurisdiction for a period of not more than
thirty (30) days. A travel for more than 30 days shall be approved by the
Regional Director.
Travel Abroad and/or Work Abroad
➢Any parolee or pardonee under active supervision/surveillance who has
no pending criminal case in any court may apply for overseas work or
travel abroad. However, such application for travel abroad shall be
approved by the Administrator and confirmed by the Board.
SEC. 33. Review and Modification of Conditions
➢The Board may, upon the recommendation of the Probation and
Parole Officer, revise or modify the terms and conditions appearing
in the Release Document.
▪ SEC. 39. Report of Parole Infraction/Violation – Any violation of the terms
and conditions appearing in his Release Document or any serious
deviation or non- observance of the obligations set forth in the parole
supervision program shall be immediately reported by his Probation and
Parole Officer to the Board. The report shall be called Infraction Report
when the client has been subsequently convicted of another crime.
▪ SEC. 38. Progress Report - When a parolee/pardonee commits another
offense during the period of his parole surveillance, and the case filed
against him has not yet been decided by the court, a Progress Report
should be submitted by the Probation and Parole Officer to the Board.
SEC. 40. Arrest of Client
➢Upon receipt of an Infraction Report, the Board may order the
arrest or recommitment of the client.
SEC. 41. Effect of Recommitment of Client
➢The client who is recommitted to prison by the Board shall be
made to serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.
SEC. 43. Review of Case of Recommitted Parolee

➢The Board may consider the case of a recommitted parolee for

the grant of a new parole after the latter shall have served
one-fourth (1/4) of the unserved portion of his maximum
sentence.
Termination of Parole
SEC. 44. Certificate of Final Release and Discharge
➢After the expiration of the maximum sentence of a client, the Board
shall, upon the recommendation of the Chief Probation and Parole
Officer that the client has substantially complied with all the conditions
of his parole/pardon, issue a certificate of Final Release and Discharge
to a parolee or pardonee.
➢However, even before the expiration of maximum sentence and upon
the recommendation of the Chief Probation and Parole Officer, the
Board may issue a certificate of Final Release and Discharge to a
parolee/pardonee pursuant to the provisions of Section 6 of Act No.
4103, as amended.
➢The clearances from the police, court, prosecutor's office and barangay
officials shall be attached to the Summary Report.
▪ Summary Report
➢ It refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter’s final release and discharge.
Sec. 45.
Effect of Certificate of Final Release and Discharge
➢Upon the issuance of a certificate of Final Release and
Discharge, the parolee/pardonee shall be finally released and
discharged from the conditions appearing in his release
document. However, the accessory penalties of the law which
have not been expressly remitted therein shall subsist.
SEC. 46.
Transmittal of Certificate of Final Release and Discharge
➢The Board shall forward a certified true copy of the certificate of
Final Release and Discharge to the Court which sentenced the
released client, the Probation and Parole Officer who has
supervision over him, the client, the Bureau of Corrections, the
National Bureau of Investigation, the Philippine National Police
and the Office of the President.
 Summary on Parole Procedure
1. Granted by Board of Pardon and
Parole (BPP)
2. Upon serv e the full minimum
sentence
3. Referral “Request to Investigate”
4. Parole and probation Officer
5. Pre-Parole Investigation (PPI) 30
days
6. Pre-Parole Investigation Report
(PPIR)
7. BPP (Grant or Deny)
✓Granted – Parole Supervision
✓Denied – Serv e the remaining
sentence
8. Condition (Mandatory and Other)
✓Mandatory – within 45 days report
✓Other – 1/mos. outside Manila,
2/mos.
Within Manila
9. Condition (Comply or Non-Comply)
✓Complied – Submission of Summary
Report
✓Non-Complied – Infraction (new
Violation) or Violation report (violate
condition)
10. Final Release and Discharge (FRD)
(complied)
11. Order of Arrest and Recommitment
(OAR)
Prisoners Not Eligible for Executive
Clemency
Prisoners who escaped or evaded service of sentence are not
eligible for executive clemency for a period of one (1) year from
the date of their last recommitment to prison or conviction for
evasion of service of sentence.
 Law on Preventive Imprisonment
1. Art. 29 of RPC
2. RA 6127 also known as The Full Time Credit
➢"If the detention prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted prisoners, he shall be credited in the service of
his sentence with four-fifths of the time during which he has undergone
preventive imprisonment.“
➢Approved: June 17, 1970
3. BATAS PAMBANSA Blg. 85
➢An Act Authorizing the Release of Any Offender or Accused Who Has
Undergone Preventive Imprisonment Equal to or More Than the Possible
Maximum Imprisonment to Which He May be Sentenced by Amending the
Revised Penal Code
➢Approved: September 20, 1980
4. RA 10592 Full time credit allowance for preventive imprisonment
 RA 10592 – The New GCTA Law
Full Time Credit
➢If the inmate agrees to the rules in writing that he will be treated as like a regular
convicted inmate (inmate’s manifestation).
4/5 of the credit
➢If didn’t agree to abide with the rules

➢Whenever an accused has undergone preventive imprisonment for a

period equal to the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet terminated,
he shall be released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is under review.
➢In case the maximum penalty to which the accused may be sentenced is
Destierro, he shall be released after thirty (30) days of preventive
imprisonment."
OLD GCTA LAW ART 97. RPC
1) 1st 2 year – 5 days per month
2) 3rd – 5th year – 8 days per month
3) 6th – 10th year – 10 days per month
4) 11th – succeeding years – 15 days per month
Granted only by the director of BUCOR to a convicted inmate & cannot be applied in
BJMP.
Act No. 2489
➢otherwise known as the Industrial Good Time Law
➢provides that when a prisoner has been classified as TRUSTY OR PENAL
COLONISTS, he is given an additional 5 days’ time allowance for every month of
service.
➢A prisoner serving life sentence has his sentence automatically reduced to 30 years
of imprisonment upon attaining the classification of trusty or penal colonists
▪ The abovementioned privilege will not apply if,
✓ When they are recidivists, or have been convicted previously twice or more times of any crime;
and
✓ When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
RA 10592 New GCTA Law
1. 1st to 2nd year = 20 days / month
2. 3rd to 5th year = 23 days / month
3. 6th to 10th year = 25 days / month
4. 11th ang above = 30 days / month
✓15 days / month for study and mentoring
➢May be granted by the Director of BJMP, Director of BuCor and
Provincial, City and Municipal Jail Wardens and can now be
granted even to a detainee while undergoing trial.
➢Disqualified
✓Recidivist, quasi-recidivist and habitual delinquents
✓Failed to surrender voluntarily after being summoned to the execution of the
sentence
Special Time Allowance For Loyalty (Stal)
ART. 98 – deduction of 1/5 if the convict voluntarily surrendered
within 48 hours after the declaration of passing of calamities or
conflagration or even man-made crisis.
Art 158 – Evasion of Service of Sentence
➢due to failure to return within 48 hours after passing of calamity or
disorder. Surrendered after 48 hours shall also be charged with
Art. 158 but must be given the mitigating circumstance of
voluntary surrender.
RA 10592 – deduction of 2/5 if the inmate stayed while disaster is
present.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
Executive Clemency
➢Is a disposition of the President to show mercy, especially toward
an offender or enemy. It is granted for the purpose of relieving the
harshness of the law or correcting mistakes in the administration
of justice.
➢under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted
individual.
➢In the United States, clemency is granted by a governor for state
crimes and by a president for federal crimes.
➢Clemency can take one of four forms:
✓ Reprieve, Commutation of Sentence, Pardon and Amnesty.
Constitutional Basis:
ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
➢Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after conviction by final
judgment. He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.

Section 5, Article IX
➢(Constitutional Commissions- The Commission on Elections)
➢No pardon, amnesty, parole, or suspension of sentence for violation
of election rules, and regulations shall be granted by the President
without a favorable recommendation of the Commission.
Executive Clemency
Why it is Extended?
➢In general, Executive Clemency is often extended for
humanitarian reasons, such as to an aged and ill inmate who
needs specialized medical care. Inmates who suffer from
serious, contagious, or life threatening illness or disease and
those prisoners with severe disability can now be recommended
for executive clemency.
▪ It is also extended in the following instances:
a. When there is real doubt about the guilt of the party.
b. When the sentence given is Apparently excessive
c. When the party is a political or personal friend of the President.
d. To clear the record of some who has demonstrated rehabilitation or public
service.
Referral of Petition For Executive Clemency/Parole To
Other Government Agencies

a. Secretary of National Defense - If the crime committed by the

petitioner is against national security or public order or law of
nations.
b. Commission on Elections - In case of violation of election laws,
rules and regulations.
c. Department of Foreign Affairs - In case of an alien.
 Pardon
➢It is a form of Executive Clemency which is exercised by Chief
Executive. It is an act of Grace and the recipient is not entitled to it
as a matter of right. It is discretionary and not subject to review by
the judiciary.
➢It dates back to the pre-Christian Era. It was applied to members
of the Royal Family who committed crimes and occasionally to
those convicted of offenses against the royal power. In England it
was usually an exclusive power of the king but there were times
that were extended to the Queens upon advised of the Minister of
the Interior.
➢It is highly political in nature and is usually granted in response to
popular clamor (noise) or to aid in the return to normalcy of a
political situation that might affect the country if not addresses.
History of Pardon
England
➢Pardon was developed out of the conflict between the King and
the Nobles who threatened their powers.
➢Pardon was applied to members of the Royal family who
committed crimes and occasionally to those convicted of
offenses against the royal power. It was the general view that
the pardoning power was the exclusive prerogative of the King.
➢In England today the power to extend pardon is vested in the
Queen upon advice of the Minister of the Interior.
History of Pardon
United States
➢Pardoning among the early American colonists was a carry-
over of the English practice.
➢The pardoning power was exercised by the Royal governor
through the power delegated by the King.
➢After the declaration of Independence, the Federal and State
constitutions vested the pardoning power on the President of
the United States and the Governor in federal and state cases,
respectively.
History of Pardon
Philippines
➢The Jone’s Law Section 21 stated that “the Governor General
of the Philippine Islands is vested with the power to grant
pardons and reprieves and remit fines and forfeiture”.
➢The pardoning power was vested in the Prime Minister by
Article IX, Section 14 of the Philippine Constitution which states:
“The Prime Minister shall have the power to grant reprieves,
commutations, and pardons, and remit fine and forfeitures, after
convictions for all offenses, except cases of impeachment, upon
such conditions and with such restrictions and limitations as he
may deem proper to impose. He shall have the power to grant
amnesty with the concurrence of the Congress.”
Kinds of Pardon
Absolute Pardon
➢the extinction of the criminal liability of the individual to whom it is
granted without any condition and restores to the individual his civil
rights.
✓ The purposes of this kind of pardon are
a. To do away with the miscarriage of justice.
b. To keep punishment abreast with the current philosophy, concept or practice of
criminal justice administration.
c. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period.
✓ From 10 years it became 5 years - period is required to give the offender an
opportunity to demonstrate that he has established a new pattern of conduct.
CRISTOBAL VS LABRADOR
➢ The case where the supreme court laid down the doctrine that absolute pardon
removes all that is left of the consequences of conviction and that it is
absolute in so far it restores the pardonee his full civil political rights.
Kinds of Pardon
Conditional Pardon
➢The extinction of the criminal liability of an individual, within
certain limits or conditions, from the punishment which the law
inflicts for the offense he has committed.
➢Conditional Pardon serves the purpose of releasing, through
executive clemency, a prisoner who is already reformed or
rehabilitated but who cannot be paroled because the parole
law does not apply to him. Thus, a prisoner serving a
determinate sentence or life imprisonment is excluded from
the benefits of the parole law.
➢However, when this prisoner has already been reformed, he
may be released on conditional pardon.
Effects of Pardon
1) It removes penalties and disabilities and restores full civil and
political rights;
2) It does not discharge the civil liability of the convict to the
individual he has wronged as the President has no power to
pardon a private wrong;
3) It does not restore offices, property or rights vested in others in
consequence of the conviction. Under our law, a pardon shall not
work the restoration of the right to hold public office or the right of
suffrage unless such rights be expressly restored by the terms of
the pardon.
Limitations /Disqualification upon The Pardoning Power
1) It may not be exercised in impeachment cases;
2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) In case of violation of election law or rules and regulations, no
pardon, parole or suspension of sentence may be granted without the
recommendation of the Commission on Elections;
5) It may not be exercised during pendency of case or trial or during
appeal
6) Violation of Art. 157 – evasion of service of sentence for 1 year from
the time of recommitment; and
7) It cannot be exercised in cases of violations of tax laws.
✓Cases pending trial or on appeal are still within the exclusive jurisdiction of
the courts; hence, pursuant to the theory of separation of powers, the Chief
Executive has no jurisdiction over the accused.
Eligibility For Conditional Pardon
He must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison
sentence:
✓at least two (2) years of the minimum sentence if convicted of Murder
or Parricide but not sentenced to Reclusion Perpetua
✓at least one (1) year of the minimum sentence if convicted of Homicide;
✓at least nine (9) months if convicted of Frustrated Homicide;
✓and at least six (6) months if convicted of Attempted Homicide.
However, in the case of a prisoner who is convicted of a
heinous crime as defined in Republic Act No. 7659 and other
special laws, he shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence before his
case may be reviewed for conditional pardon.
Some Guides In Pardon Selection
a. The political, organizational or religious affiliation of the
prisoner should be disregarded.
b. Due regard should be given to the attitude of the people in the
community from which he was sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to
prison – social, economic, psychological and emotional
backgrounds – should be carefully investigated.
Conditional Pardon vs Parole
✓Purpose of conditional pardon and parole is the same
✓Both releases are subject to the same set of conditions will subject
the parolee or pardonee to be recommitted to prison.
✓The only difference between the two is the granting authority. In
parole the granting authority is the Board of Pardons and Parole,
while in conditional pardon, the granting authority is the President.
Commutation of Sentence
✓Reduction or lowering, shortening of sentence
✓an executive clemency changing a heavier sentence to a less
serious one, or a longer prison term to a shorter one
✓granted by the president with the recommendation of the BPP
✓granted after conviction but do not erase the fact of conviction
of the person
✓granted with condition of maintaining good behavior
Eligibility For Commutation Of Sentence
He must have served at least one third (1/3) of the minimum of
his indeterminate sentence or the following portions of his prison
sentence consisting of Reclusion Perpetua
✓at least ten (10) years if convicted of Robbery with Homicide, Robbery
with Rape, or Kidnapping with Murder
✓at least eight (8) years if convicted of Simple Murder, Parricide, Rape
or Violation of anti-drug laws
✓at least twelve (12) years if given two or more sentences of Reclusion
Perpetua
✓at least twenty (20) years in case of two (2) sentences for Reclusion
Perpetua, provided that at least one (1) of the sentences had been
automatically commuted from a death sentence
Reprieve
➢refers to the deferment of the implementation of the sentence
for an interval of time; it does not annul the sentence but merely
postpones or suspends its execution. The postponement /
withholding or temporary stay of the execution of a death
sentence
➢Reprieve is a temporary stay of the execution of the sentence.
Like pardon, the President can only exercise reprieve when the
sentence has become final. Generally, reprieve is extended to
death penalty prisoners. The date of the execution of sentence
is set back several days to enable the Chief Executive to study
the petition of the condemned man for commutation of sentence
or pardon.
When a Death Sentence May be Suspended?

Death sentence shall be suspended when the accused is:

1. A woman, while pregnant;
2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a person
over 70 years old is necessary to give the President time to act because
only the President can reduce the sentence.
5. In cases wherein, a convicted prisoner became insane before the
actual date of execution.
Amnesty
➢an act of the sovereign power granting oblivion or general
pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political
character, such as treason, sedition or rebellion
➢from the Greek stem amnestia, meaning to forget,
➢Also known as General Pardon or Blanket Pardon
➢The purpose is to hasten a country’s return to political normalcy
by putting behind it the animosities of the past through a pardon
that will open the door to living normal lives for groups of people
targeted by amnesty.
 History of Amnesty
USA
➢President Harry S. Truman issued two Presidential proclamations granting
amnesty to groups of unnamed persons who were anti-war activists who
opposes the involvement of the U.S in two wars.
✓ 1st was in 1945 after World War II
✓ 2nd is after Korean War in 1952
Philippines
➢Presidential proclamation no. 51 by President Manuel Roxas
✓ For those who collaborated with the Japanese during WWII
➢Presidential proclamation no. 76 by Elpidio Quirino
✓ For those members of HUKBALAHAP and Pambansang Kaisahan ng Mga Mambubukid
(PKM) an organization of peasants fighting for agrarian reform and is part of the
communist underground movement
Disqualification for Amnesty
1. Proclamation No. 75 made clear that the amnesty "shall not
cover rape, acts of torture, crimes against chastity and other
crimes committed for personal ends."
✓should have an "express admission" of participation and guilt, and a
"recantation of all previous statements" that are not consistent with the
admission.
2. Cannot also be granted in cases of impeachment
3. Cannot be applied to cases of violation of election laws without
favorable recommendation from the COMELEC
4. Cannot be granted in cases of RA 9745 or anti torture law.
5. Cannot be extended to cases of civil and legislative contempt.
1. A probationer is allowed to do the following EXCEPT,

a. Stay away from bad associates

b. Work regularly to support his family
c. Make periodic report
d. Go and play in a gambling den
1. A probationer is allowed to do the following EXCEPT,

a. Stay away from bad associates

b. Work regularly to support his family
c. Make periodic report
d. Go and play in a gambling den
2. Who among the following may have his penalty suspended
under PD 603?

a. Pedro who is 19 years old

b. Juan who is 20 years old
c. Martin who is 10 years old
d. 25 years old Pablo
2. Who among the following may have his penalty suspended
under PD 603?

a. Pedro who is 19 years old

b. Juan who is 20 years old
c. Martin who is 10 years old
d. 25 years old Pablo
3. A judicial action or legal disposition that allows the offender to
remain in the community subject to the conditions imposed by the
court.

a. Reprieve
b. Commutation
c. Probation
d. Good Conduct Time Allowance
3. A judicial action or legal disposition that allows the offender to
remain in the community subject to the conditions imposed by the
court.

a. Reprieve
b. Commutation
c. Probation
d. Good Conduct Time Allowance
Which agency performs the evaluation of prisoner’s fitness and
qualifications for the grant of Pardon or parole?

a. Board of Pardon and Parole

b. National Police Commission
c. Department of Social Welfare and Development
d. National Bureau of Investigation
Which agency performs the evaluation of prisoner’s fitness and
qualifications for the grant of Pardon or parole?

a. Board of Pardon and Parole

b. National Police Commission
c. Department of Social Welfare and Development
d. National Bureau of Investigation
What is the movement in 1790 which held that offenders were out
of touch with God thus, they were given Bibles and placed in
isolations?

a. Quaker reform movement

b. Reformatory movement
c. Church Reform movement
d. Crime prevention movement
What is the movement in 1790 which held that offenders were out
of touch with God thus, they were given Bibles and placed in
isolations?

a. Quaker reform movement

b. Reformatory movement
c. Church Reform movement
d. Crime prevention movement
What is the legal process that results in the removal of conviction
from the official records?

a. Mitigation
b. Expungemen
c. Exoneration
d. Restriction
What is the legal process that results in the removal of conviction
from the official records?

a. Mitigation
b. Expungement
c. Exoneration
d. Restriction
The judge’s bases of the grant of probation relies on the report of,

Prosecutor
Police officer
Probation officer
Social worker
The judge’s bases of the grant of probation relies on the report of,

Prosecutor
Police officer
Probation officer
Social worker
What document is issued to a parolee when the maximum period
of his prison term has expired?

Certificate of final discharge

Certificate of final release and discharge
Certificate of prison term completion
Certificate of final release
What document is issued to a parolee when the maximum period
of his prison term has expired?

Certificate of final discharge

Certificate of final release and discharge
Certificate of prison term completion
Certificate of final release
 Billy the kid was 17 years old when he was convicted for the
crime of theft. Can he apply for probation under the Adult
Probation System?

No, because his crime is theft

No, because he is only 17 years old
No, because he is entitled for parole
No, because he is convicted of a crime
 Billy the kid was 17 years old when he was convicted for the
crime of theft. Can he apply for probation under the Adult
Probation System?

No, because his crime is theft

No, because he is only 17 years old
No, because he is entitled for parole
No, because he is convicted of a crime
An _________ program employs prisoners in various product or
good-producing tasks.

Agricultural
Industrial
Operational
Administrative
An _________ program employs prisoners in various product or
good-producing tasks.

Agricultural
Industrial
Operational
Administrative