NON-INSTITUTIONALIZED CORRECTIONS – correcting sentence aside jail/prison.

UN DECLARATION ADOPTED IN PHILIPPINE CORRECTIONAL SYSTEM

UN STANDARD MINIMUM RULES FOR TREATMENT OF PRISONERS (UNSMRTP)
known as mandela rule; institutional
UN STANDARD MINIMUM RULES FOR NON-CUSTODIAL MEASURES
(UNSMRNM)
known as Tokyo rule; non-institutional
UN STANDARD MINIMUM RULES FOR THE ADMINSTRATION OF JUVENILE
JUSTICE (UNSMRAJJ)
known as Beijing rule; for youth

PD 968
Adult Probation Law
Passed on July 24, 1976; took effect on January 3, 1978
PD 603
Child and Youth Welfare Code of the Phil./ Probation for Minors (CICL)
Passed on July 24, 1976
RA 10707
Amended some provision of PD 968; you can appeal to make sentence probationable.
ACT 4103
Indeterminate Sentence Law
Passed on December 5, 1993
PROBATION
Filipino translation: “SUBOK LAYA”
Latin: “probatio” testing period; “probare” test or prove
Matter of privilege
Takes effect upon its issuance
Disposition which convicted offender granted for probation is released subject to the
condition of court and supervision of probation officer
 It is considered as judicial process.
PROBATION IS HEADED BY:
Administrator and one assistant administrator

APPLICATION FOR PROBATION PROCESS:

Who: Person convicted of crime punishable by not more than 6 years.
Time of Filing: after conviction; within 15 days from promulgation of judgment
Where to apply: trial court where case is heard (exclusive jurisdiction – means decision is not
appealable)
Prosecutor produces comment within 10 days from the receipt of notification
Probation Officer conducts PSI not later than 60 days from receipt of the order of
Court.
Judge resolve the case not later than 15 days upon receipt of the PSIR
NOTE: Upon application, the court may suspend the sentence
Probationer has 72 hours to report to the PPA for initial supervision.

POST SENTENCE INVESTIGATION

PSIR shall be approved by Head, Probation Office
Secretary of Justice shall approve the format given by Probation Administrator
Matter of privilege
NOTE: Violation of confidentiality of Records – 6 months and 1 ay to 6 years and 600 to
6,000 fine

DISQUALIFICATION FOR PROBATION:

Sentence to maximum term of imprisonment of more than 6 years.
Convicted of crime against national security
 Previously convicted of more than 6 months and 1 day and/or fine of more than 1,000
pesos.
Who were once in probation
Who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33
DISQUALIFICATION TO AVAIL PROBATION UNDER SPECIAL PENAL LAWS:
Any of these:
Guilty of any election offenses
Guilty of RA 6727 –wage rationalization act
Guilty of RA 9165 except section 12 (possession), 14 (possession; social gatherings), 17
(maintenance), 70 (first-time minor offense)
PURPOSES OF PROBATION:
To promote the correction and rehabilitation of an offender; individualized community-
based treatment
To provide an opportunity for his reformation and reintegration to the community
To prevent the commission of offenses.
WHEN CAN ACCUSED WHO APPEALS MAY STILL APPLY FOR PROBATION?
NON PROBATIONABLE PENALTY APPEALED TO BE PROBATIONALBE
LESSER PENALTY WITHIN 15 DAYS
*IF CONVICTED OFFENDER APPEALED A PROBATIONALBE PENALTY EVEN IF
THE APPELATE COURT LOWERS THE PENALTY THE CONVICTED OFFENDER
CAN NO LONGER AVAIL PROBATION

WHAT IF THE PENALTY IS FINE ONLY?

The application is improper because his penalty is penalty only.
You can if:
Penalty must be fine
Court must declare him insolvent
Judgment must allow subsidiary imprisonment in case of insolvency (from 8 pesos a day
to maximum minimum rate)
CONDITION OF PROBATION, PAYMENT FOR CIVIL LIABILITY:
Payment given to COC; hands over to the victim
Deposit to victim’s account
Payment effected directly to the victim

ACCUSED TRIED JOINTLY AND CONVICTED

Decision in appeal – doesn’t affect who applied for probation
EXPT: judgment of appellate court is favorable to the latter.

OFFENDER MAY BE RELEASED PENDING APPLICATION FOR PROBATION:

On a new bond
On the same bond during trial
Release on recognizance; to the custody of responsible member of the community if
unable to file for bail
CPPO shall conduct the initial interview of the petitioner within 5 working days from receipt
of said referral from the Trial Court
Waiver-Cum-Authorization – authorizing PPA and/or Probation Office to secure any and all
information of petitioner.
Post Sentence Investigation Worksheet & PPA Form– accomplished and signed by petitioner
for the IO to conduct further investigation based in info. Contained.
Full-Blown Courtesy Investigation (FBCI) – comprehensive courtesy investigation from
another Probation Office; requests complete PSIR on petition for probation pending referral
investigation in PO of origin.
Requirement for FBCI:
Petitioner is transient
He spent his pre-adolescent and/or adolescent life in province/city of origin.
He attended and/or finished his education
His immediate family members, collateral informants/ disinterested persons are residents
of his place of origin.
Partial Courtesy Investigation (PCI) – all other courtesy investigation conducted by another
PO not falling within FBCI.
Transfer of Referral Investigation – immediately preceding and warranted; transfer the
conduct of referral investigation to PO.
Transfer of the Executive Judge – control over the petitioner and his probation rehabilitation
program be transferred to the Honorable Executive Judge of RTC.

MANDATORY CONDITIONS OF PROBATION:

Present himself to the Probation Officer for supervision within 72 hours from the receipt
To report to the assigned SPPO, SrPPO, PPOII or PPOI on case at least once a month
APPROVAL OF TRAVEL OF PROBATIONER:
Not more than 10 days – Supervising Officer
More than 10 days but not more than 30 days – CPPO
More than 30 days within 6 months – considered as courtesy supervision
REQUEST FOR CHANGE OF RESIDENCE:
Probationer may file
Approves the request; transfer residence outside the operational/territorial jurisdiction –
TRIAL COURT
Upon approval, suspension and control over probationer shall be transferred to
EXECUTIVE JUDGE OF RTC.
NOTE: fastest way to terminate probation – death of probationer

AGE REQUIREMENT:
25 YEARS OLD – minimum age to be VPA
35 YEARS OLD – for Probation Administrator
21-40 – member of BuCor
21-30 – member of PNP, BFP, BJMP
21-35 – member of PDEA

SUPERVISION OF VPA
Min. – 1 year to 2 years: 10 cases
Med. 3 years to 4 years: 5 cases – RA 10707: 5 CLIENTS AT ANY GIVEN TIME
Max. 5 years to 6 years: 3 cases
APPOINTMENT OF OFFICERS:
Appoints VPA; recommends Prov. & City Probation Officer – Probation Administrator
Appoints Prov. & City Probation Officer; recommends RPO – Secretary of Justice
Appoints Regional Probation Officer – President
PERIOD OF PROBATION:
Sentence is 1 year – probation shall not exceed 2 years
Higher than 1 year – shall not exceed 6 years.
DENIAL OF PROBATION:
Offender is in need of correctional treatment
There is undue risk
Probation will depreciate the seriousness of the offense committed

FACT-FINDING INVESTIGATION – conducted when a probationer’s specific act/omission

constitutive of a violation of probation condition.
Conducted by CPPO
Upon completion of FFI, SO prepare violation report

1/3 of the imposed period of probation shall be served to be qualified for early termination of
probation
Probation Office shall submit to the Trial Court a Probation Officer’s Final Report 5 days before
the expiration of the period of probation
Termination Report must be submitted 30 days before the expiration of the period of
probation
After expiration of the original or extended probation period based on POFR, the Trial court may
order Final Discharge of the Probationer.

Walter Crofton – introduced Irish system or modified mark system.

Aristotle – wrote Nicomedian Ethics – punishment is restoring balance bet. Pleasure and pain.
Edward N. Savage – first paid probation officer.
Dr. Cesare Lombroso – advocated positivist theory; criminal is sick.
Alexander Machonochie – introduced Mark system.
Client – parolee, pardonee, probationer
Pardon – “to forgive”; absolute/conditional
Reprieve – postponement of execution of sentence
Probation – granted by court; Amicus Curiae – “friend of court”
Commutation – heavy to less serious/ long to shorter penalty.
NOTE: Executive Clemency cannot be extended before conviction

AGE OF CRIMINAL RESPONSIBILITY:

OVER 70 YEARS OLD – age of mitigated criminal responsibility
18-70 YEARS OLD – age of absolute criminal responsibility
OVER 15 TO UNDER 18 YEARS OLD – age of conditional responsibility
15 YEARS OLD AND BELOW – age of total criminal irresponsibility
NOTE: Social workers shall conduct initial assessment fir appropriate intervention.

PAROLE
Only eligible if he served minimum of his sentence
Indeterminate sentence – exceeds 1 year – served at least minimum period of his sentence
DISQUALIFICATION FOR GRANT OF PAROLE:
Convicted of offense punishable by DP, RP, LI.
Convicted of treason, rebellion, sedition or coup d’etat
Convicted of piracy or mutiny on high seas or phil. Waters
Habitual delinquent
Escaped from confinement or evaded sentence
 Granted conditional pardon and violated the terms
Maximum imprisonment not exceeding 1 year or those with definite sentence
Suffering from mental disorder
Conviction is on appeal
Have pending criminal case/s

NOT ELIGIBLE FOR EXECUTIVE CLEMENCY:

Prisoners who escaped or evaded sentence
Note: shall not be eligible for 1 year from date of last recommitment to prison/conviction of
evasion of service of sentence
IF INMATE, (IF CANNOT BE FOUND, IMMEDIATE RELATIVE) IS CONSIDERED
FOR EXECUTIVE CLEMENCY, HOW MANY DAYS ARE GIVEN TO THE
OFFENDED PARTY TO GIVE HIS COMMENT?
30 days from the date of publication

WHEN WILL DIRECTOR/WARDEN TRANSMIT CARPETA & PRISON RECORD TO

BPP FOR REVIEW FOR EXECUTIVE CLEMENCY OR PAROLE?
1 month prior to eligibility

SPECIAL CONSIDERATION FOR EXECUTIVE CLEMENCY:

Youthful offenders
60 years old and above
physical disability
serious/life threatening illness
prisoners recommended for executive clemency
alien prisoners
continued imprisonment shall pose grave danger

QUORUM – necessary for BPP; to modify any of the term and conditions; refers to the majority
of the members
Upon Arrival, days given for parolee/pardonee to inform the Board through Technical
Service:
Not later than 15 working days
WHO MODIFIES THE CONDITIONS OF PAROLEE/PARDONEE?
Board of Pardon and Parole
TRANSFER OF RESIDENCE:
Client can transfer residence while under parole surveillance.
With written approval of Regional Director
Confirmation by the Board
TRAVEL OUTSIDE OPERATIONAL JURISDICTION OF PPA:
Not more than 30 days – CPPO
More than 30 days – Regional Director
OVERSEAS WORK OR TRAVEL ABROAD
Client can travel overseas
Application for travel abroad: Administrator (approves) Board (confirms)
WHAT IF CLIENT DIES DURING SUPERVISION?
Parole Officer shall transmit certified true copy of death certificate
No DC, affidavit narrating the circumstance of the fact of death from Barangay chairman
or any authorized officers
INFRACTION REPORT
Violation of terms and conditions set forth in parole supervision.
PROGRESS REPORT
Report submitted on the conduct of parolee/pardonee.
SUMMARY REPORT
Final report submitted by PPO as basis for parolee/pardonee’s final release and discharge
ARRIVAL REPORT
Report submitted by PPO if client will report to him within: 72 hours if probation; 15
days if parolee/pardonee.
IF PAROLEE COMMITTED INFRACTION:
He will be arrested or recommitted
EFFECT OF RECOMMITMENT:
 Client will serve the remaining unexpired portion of the maximum sentence for which he
was originally committed to prison.
NOTE: for grant of new parole client needs to serve 1/4 of remaining sentence
Composition of BPP
Ex-officio member of the BPP – Secretary of DOJ
6 MEMBERS:
Administrator of PPA
Administration – ex-officio
Sociologist
Clergyman
Person with training and experience in correction work
Member of BAR
NOTE: one them is a woman
July 18-24 – Probation and Parole Week

CERTIFICATE OF FINAL RELEASE AND DISCHARGE

Issued by BPP after expiration of maximum sentence of a client upon recommendation of
CPPO that client complied with all conditions of his parole/pardon.
EFFECT OF CERTIFICATE OF FINAL RELEASE AND DISCHARGE
Parolee/pardonee shall be finally released and discharged from conditions appearing in
his release document.
CFRD SHALL BE FORWARDED BY BPP TO:
The Court and Parole Officer
Client, Bureau of Corrections
NBI
PNP and Office of the President
DURATION OF AFTERCARE PROGRAM (ACP)
At least 18 months
EXONERATION – discharge a person from liability
EXPUNGEMENT – removal of conviction from official record.

PARDON
“to forgive”
absolute/conditional
also known as general pardon

EFFECT OF ABSOLUTE PARDON

Does note restore right to hold public officer/ right to suffrage unless express.
Vested to the president (Art. VII Sec. 19)
Totally extinguishes criminal liability
Does not extinguish civil liability
NOTE: cannot be extended to impeachment
PORTION OF SENTENCE FOR CONDITIONAL PARDON:
At least ½ of the minimum of his original indeterminate and/or definite sentence
If Heinous: at least ½ of the maximum of his original indeterminate sentence
PORTION OF SENTENCE FOR ABSOLUTE PARDON:
Maximum sentence

AMNESTY
Grants oblivion (forget) for past offense
Nature: look backwards and obliterates penalty and offense itself
Requirement: 2/3 concurrence of all members of congress
Legal Basis: Art. VII Sec. 19 of 1987 Constitution
 Extended by: President
Extended to: Political offenders
When can be given: even before conviction
PETITION FOR COMMUTATION OF SENTENCE:
At least 1/3 of the minimum of his indeterminate sentence
At least 10 years – sentence to Reclusion Perpetua/ Life imprisonment for crime or
offenses committed before January1, 1994.
At least 12 years – whose sentence were adjusted to definite prison term of 40 years
At least 15 years – committed heinous crimes sentenced to 1 or more RP or LI
At least 20 years – in case of 2 or more death penalty which have automatically
reduced/committed to 1 or more RP or LI