Parole and Probation Administration

 This agency is established by virtue of PD 968

 Attached agency under the DOJ responsible for providing a less costly alternative to imprisonment of first-
time offenders who are likely to respond to individualized community- based treatment programs.
 EO no. 292, the Administrative Code 0f 1978
 Probation Administration was renamed as Parole and Probation Administration.
 added mandate of administering the parole system and assists the Board of Pardons and Parole in the
performance of its functions and responsibilities.
 the investigation and supervision of Fist Time Minor Drug Offenders(FTMDO) placed under suspended
sentence
 Under Republic Act no. 10389, “Recognizance Act of 2012”, the Administration was directed to monitor and
evaluate the activities of the person on release on recognizance

Functions of PPA

 To administer the parole and probation system

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

Probation Administrator(central office)

 headed by the Probation Administrator, hereinafter referred to as the Administrator.

 it is appointed by the President of the Philippines. He shall hold office during good behaviour and shall not be
removed except for cause

Duties and Functions of PA

 Act as the executive officer of the Administration;

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

Regional Probation Officer(Regional Offices)

 headed by a Regional Probation Officer

 supervision and control over all probation officer within his jurisdiction and such duties as may assigned to
him by the Administrator(Assistant regional Probation Officer)
 appointed by President of the Philippines upon the recommendation of the Secretary of Justice

Provincial and City Probation Officers(Province/City Office)

 there shall be at least one probation officer in each province and city’
 appointed by the Secretary of Justice upon recommendation of the Administrator

Duties of Provincial and City Probation Officers(Province/City Office)

  Investigate all person referred to him for investigation by the proper court or the Administrator;
 Instruct all probationers under his supervision of that of the probation aide on the terms and conditions of
their probations;
 Keep himself informed of the conduct and condition of probationers under his charge and use all suitable
methods to bring about an improvement in their conduct and conditions;
 Maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;
 Prepare a list of qualified residents of the province or city where he is assigned who are willing to act as
probation aides;
 Supervise the training of probation aides and oversee the latter’s supervision of probationers;
 Exercise supervision and control over all field assistants, probation aides and other personnel; and
 perform such duties as may be assigned by the court or the Administration.

Volunteer Probation Aides

 citizen of good standing in the community who are volunteer to assist the parole and probation officers in
the supervision of a number of probationers, parolees and pardonees in their respective community.

MAJOR REHABILITATION PROGRAMS

RESTORATIVE JUSTICE (RJ)

 It is a victim- centered response to crime that provides opportunity for those directly affected by the crime-
the victim, the offender, their families and the community- to be directly involved in responding to harm
caused by the crime. Its ultimate objective is to restore the broken relationships among stakeholders.

THERAPEUTIC COMMUNITY(TC)

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

VOLUNTEER PROBATION AIDE(VPA) PROGRAM

 Volunteerism is a program of he DOJ-PPA aimed at generating maximum, effective and efficient citizen
participation and community involvement in the over- all process of client rehabilitation.

PAROLE

 a French term for “word” and used in the sense “word of honor” (parole d’ honneur)
 refer to the conditional release of an offender from a penal institution after he has served the minimum
period of his prison sentence
 it came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225, otherwise known as
the Indeterminate Sentence Law, which took effect on Dec. 5 1933
Indeterminate Sentence- is one with minimum and maximum sentence and imprisonment’

Board of Pardons and Parole (BPP)

administrative arm of the president in the exercise of his constitutional power to grant executive clemency
administers the Parole system of the country.
COMPOSITION OF THE BOARDS OF PARDON AND PAROLE

Chairman- Secretary of the DOJ

Members:

1. Administrator of the PPA- ex-officio member

2. Sociologist
3. Clergyman
4. Educator
5. a person with training and experience in correction work
6. a person with training and experience in correction
note: at least (1) one woman

ESSENTIAL ELEMENTS OF PAROLE

1. the prisoners sentence becomes final and executor

2. that he serves part of his sentence
3. that he is released after the expiration of minimum sentence
4. That said liberty is anchored on good behaviour, and;
5. that he remains on parole until the expiration of his maximum sentence

Who are disqualified for Parole?

Generally, those sentenced to a term of imprisonment of 1 year or less, or to a straight penalty, or to a

prison sentence without a minimum term of imprisonment.

1. Those convicted of an offense punished with Death penalty , Reclusion or Life imprisonment ;
2. Those convicted of treason , conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d’etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents
6. Those who escaped from confinement or evaded sentence;
7. Those who are granted Conditional pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence
9. Those suffering from any mental as certified by a government psychiatrist/ psychologist
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s
PAROLE SUPERVISION

o the parolee shall be placed under the supervision of the Probation and Parole officer specified in the release
document so that the former will be guided and assisted towards rehabilitation
o the period of parole supervision shall extend up to the expiration of the maximum which should appear in
the release document

Presentation and Parole Officer

 within the period prescribed in his release document, the parolee shall present himself to the Probation and
Parole officer specified in the release document.
 if the parolee fails to report within 45 days from the date of his release from confinement, the probation
and Parole Officer shall inform the Board of such failure for the Board’s appropriate action.
Transfer of Residence- A parolee may not transfer from the place of residence designated in his release
document without the prior written approval of the Regional director subject to confirmation of the
Board.
Outside Travel- A Chief Probation and Parole Officer may authorize a parolee to travel outside his area
of operational jurisdiction for a period of not more than 30 days. A travel for more than 30 days shall be
approved by the Regional Director.
Travel Abroad and /or Work Abroad – Any parolee under active supervision who has no pending
criminal case in any court may apply for overseas work or travel abroad. However, such application for
travel abroad shall be approved by the PPA and confirmed by the Board.

The probation or Parole office concerned shall submit the following reports to the Board:

a. A progress report when a parolee commits another offense during the period of supervision and the case filed
against him has not yet been decided by the court or on the conduct of the parolee while supervision;

b. An infraction report when the parolee has been subsequently convicted of another crime;

c. A violation report when a parolee commits any violation of the terms and conditions appearing in his release
document or any obligations set forth in the parole supervision program.

Withdrawal of Release Document – the board may recommend the withdrawal of the release document if it
finds that material information given by the parolee to the Board, either before or after release, was false ,
or incomplete or that the parolee had wilfully or maliciously concealed material information from the Board.
Certificate of Final Release and Discharge – upon receipt of the summary report, the Board, shall, upon
recommendation of the Chief Probation and Parole Officer that the parole has substantially complied with all
the conditions of his release document, issue to the parolee a certificate of final release and discharge.

What is Executive Clemency?

It is an act of mercy of leniency from certain consequences of criminal conviction, and is exercised by the
President after receipt of a recommendation from the BPP.
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and Commutation of
Sentence as may be granted by the President of the Philippines upon the recommendation of the Board of
Pardon and Parole.
Executive Clemency 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 the
state crimes and by a president for federal crimes.
Forms of Executive Clemency

P – pardon

A- amnesty

R – reprieve

C – commutation of sentence

Constitutional Basis

o 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 judgement.
 he shall also have the power to grant amnesty with the concurrence of a majorit of all the Members
of the Congress
o Section 5. Article IX ( Constitutional Commissions – The Commission on Elections)
 No pardon , amnesty , parole, or suspension of sentence for violation of election rules, an
regulations shall be granted by the President without a favorable recommendation of the
Commission.

Who will grant Executive Clemency?

it is exercise by the President.’

Upon the recommendation of the Board of Pardons and Parole, s/he can grant pardons, commute
sentences, or defer the implementation of sentences.

Why it is Extended?

In general, Executive Clemency is often extended for humanitarian reasons.

It is also extended in the following instances:

 When there is real doubt about the guilt of the party

 When the sentence given is Apparently excessive
 when the party is a political or personal friend of the President
 to clear the record of some who has demonstrated rehabilitation or public serve

Factors to be considered in petition for Conditional Pardon, Commutation of Sentence or Parole

1. 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;
2. evidence that petitioner will be legitimately employed upon release;
3. a showing that the petitioner has a place where he will reside;
4. availability of after-care services for the petitioner who is old, seriously ill or suffering from a physical
disability;
5. attitude towards the offense and the degree of remorse; and
6. the risk to other persons, including the victim, his witness, his family and friends, or the community in
general, the possibility of retaliation by the victim, his family and friend
Special consideration to the recommendation for commutation of sentence or conditional pardon

 youthful offenders;
 prisoners who are sixty(60) years old and above;
 physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind or similar
disabilities;
 serious illness and other life- threatening disease as certified by a government physician;
 those prisoners recommended for the grant of executive clemency by the trial/ appellate courts as stated in
the decisions;
 alien prisoners where diplomatic considerations and amity between nations necessitate review;
 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
 such other similar or analogous circumstances whenever the interest justice will be served thereby.

Filing of Petition

 A formal petition for executive clemency addressed as follows shall be submitted to the Board before the
question of said clemency will be considered:
“The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg.., NIA Road cor. East Avenue
Diliman , Quezon City”
 Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
 However, the Board may, muto proprio, consider cases for parole commutation of sentence or conditional
pardon of deserving prisoners whenever the interest of justice will be served thereby

Contents of Petition

o name of the prisoner

o age
o previous criminal record
o whether a Filipino citizen or an alien and if a naturalized Filipino, his former nationality and date of
naturalization
o previous occupation
o place of residence
o present crime for which he was convicted
o trial/ appellate court
o his penalty of imprisonment, fine indemnity and the commencing date thereof
o jail or prison to which he was committed and / or where he is presently confined
o date he was received for confinement
o grounds upon which executive clemency is being asked and certification from trial court that his not on
appeal.

Nota Bene: A petition for absolute pardon shall be under oath and shall include the date the petitioner was
released from prison after service of sentence or released on parole/ pardon or terminated from probation.

Referral of Petition for Executive Clemency/Parole to other government agencies

  Secretary of National Defense- If the crime committed by the petitioner is against national security
or public order or laws of nations

 Commission on Election- In case of violation of election laws, rules and regulations.

 Department of Foreign Affairs- In case of an alien

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.

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.

What is Pardon?

It is a form of executive clemency granted by the President of the Philippines as privilege to a convict as a
discretionary act of grace.

A pardon is the remission of penalty. It is an act of grace or forgiveness that relieves the person pardoned from some
or all of the ramifications lawful punishment. A pardon may be conditional or unconditional. Pardons do not erase or
seal a conviction; a pardon forgives guilt. It is vested to the Chief Executive (the President) as a matter of power.
Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the
individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the
private, through official act of the executive magistrate, delivered to the individual for whose benefit it is intended,
and not communicated officially to the Court. A pardon is a deed, to the validity of which is essential and delivery is
not complete without acceptance.”

Neither the legislative nor the judiciary branch of the government has the power to set conditions or
establish procedures for the exercise of this Presidential prerogative
When a pardon is granted, the convicted offender is forgiven the crime and its penalty. A head of state or
government generally grants it when the convicted individual has fulfilled his or her debt to society or is
somehow otherwise worthy of being forgiven the crime. A pardon does not erase the conviction, but it can
in some jurisdictions remove some of the disqualifications caused by it.

TWO TYPES OF PARDON

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

Purpose:

 to right a wrong
 to normalize a tumultuous political situation

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

Conditional Pardon- it refers to the exemption of an individual, within certain limits or conditions; from the
punishment that the law inflicts for the offenses he has committed resulting in the partial extinction of his
criminal liability. It is also granted by the President of the Philippines to release an inmate who has been
reformed but is not eligible to be released on parole.

When is Pardon granted?

 Pardon is granted only after conviction. As provided under Section 19 of Art VII of the present constitution
“Except in case of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutation of sentence, and pardons, and remits fines and forfeitures, after conviction by final
judgement.”
 A pardon granted after conviction frees the individual from all the penalties and legal disabilities and
restores him all his civil rights, But unless expressly grounded on the person’s innocence, It cannot bring back
lost reputation for honor integrity and fair dealings.

What Agency recommends to the President the grant of Pardon?

 Pardon may be granted by the President of the Philippines upon recommendation of the Board of Pardon
and Parole (BPP). The BPP is the agency charge with the release of sentenced prisoners based on mades
specified by laws. It actions and proceedings are governed by the provisions of Section 4 of Act No. 4103,
otherwise known as the Inderterminate Sentence Law, as amended and EO no. 292 series of 1987, otherwise
known as the Administrative Code of the 1987.

Limitations of the Pardoning Power of the President

  It may not be exercised for offenses in impeachment cases;
 it may be exercised only after conviction by final judgement except amnesty;
 In case of violation of election law or rules and regulations without favourable recommendations of the
COMELEC;

What is the effect of Pardon?

o While a pardon has generally been regarded as blotting out the existence of guilt so that in the eye of the
law, the offender is as innocent as though he never committed the offense, it does not operate for all
purposes. The very essence of a pardon is forgiveness or remission of guilt. Pardon implies guilt. It does not
erase the fact of the commission of the crime and the conviction thereof. It does not wipe out moral stain. It
involves forgiveness and not forgetfulness.

What is the Constitutional Basis of Pardon?

o The power to pardon, which is a form of executive clemency, is given to the President under Section 19,
Art.VII of the Constitution. It reads: 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 judgement.
o He shall also have the power to grant amnesty with the concurrence of a majority of all members of the
Congress

What are the remedies of the State if conditions of Pardon are violated?

o Under Section 64 of the Revised Administrative Code, the Chief Executive is authorized to order “the arrest
and re- incarceration of any such person who, in his judgement, shall fail to comply with conditions of his
pardon, parole, or suspension of sentence.”
o Upon determination that a prisoner granted with conditional pardon has violated the conditions thereof, the
Board shall recommend his arrest or recommitment to the President.
Thus, when the conditions are violated, the offender is considered in Evasion of the Service of his Sentence and
shall be:
1. Rearrested and re- incarcerated by order of the President under the Revised Administrative Code; or
2. Prosecuted under Article 159 of the Revised Penal Code (RPC) When the penalty remitted is 6 years and
below, there will be a additional penalty; over 6 years, the remaining sentence shall be served without
additional penalty for evasion.

What is Amnesty?

A general pardon extended to a group of persons, such as political offenders purposely to bring about the return of
dissidents to their home and to restore peace and order in the community. It Is generally exercised by the Chief
Executive with the concurrence of congress.

It is an act of sovereign power granting oblivion or general pardon for past offense and rarely, if ever. exercised in
favor of single individual is usually exerted in behalf of certain classes of person who are subjected to trial but not
have been convicted.

As to the number of those who can avail:

Pardon includes any crime and is exercised individual by the Chief Executive, while amnesty is a blanket pardon
granted to a group of prisoners, generally political prisoners.
As to the time to Avail:

Pardon is exercised when the person is already convicted while amnesty maybe given before trial or investigation is
done.

As to the Consent of Congress:

Pardon is granted by the Chief Executive and such as private act, which must plead and proved by the person
pardoned because the court takes no choice thereof. While amnesty is by proclamation with concurrence of
congress, and it is a public act, which the court should take judicial notice.

As to the effect:

Pardon is an act of forgiveness, i.e. it relieves the offender from the consequences of the offense, while amnesty is
an act of forgetfulness. i.e. it puts into oblivion the offense of which one is charged so that the person as if he had
never committed the offense.

As to the Crime committed:

Pardon is granted for infractions of the peace of the State while amnesty, for crimes against sovereignty of the state
(ex. political offense)

PROCLAMATION NO. 347

•GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL OTHER PERSONS WHO HAVE OR MAY HAVE COMMITTED
CRIMES AGAINST PUBLIC ORDER, OTHER CRIMES COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
VIOLATIONS OF THE ARTICLES OF WAR. AND CREATING A NATIONAL AMNESTY COMMISSION

Section 1. Grant of Amnesty

Amnesty is hereby granted to all persons who shall apply therefor and who have or may have committed crimes, on
or before thirty o day following the publication of this Proclamation in two (2) newspapers of general circulation, in
pursuit of political beliefs, whether punishable under the Revised Penal Code or special laws

 rebellion or insurrection; coup d'etat; conspiracy and proposal to commit rebellion, insurrection or coup
d'etat; disloyalty of public officers or employees; inciting to rebellion or insurrection; sedition; conspiracy to
commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault;
resistance and disobedience to a person in authority or the agents of such person; tumults and other
disturbances of public order; unlawful use of means of publication and unlawful utterances; alarms and
scandals; illegal possession of firearms, ammunition or explosives, committed in furtherance of, incident to,
or in connection with the crimes of rebellion or insurrection and violations of Articles 59 (desertion), 62
 (absence without and a gentlemen), and 97 (general article) of the Articles of Provided, that the amnesty
shall not cover crimes against chastity and other crimes committed for personal ends.
Section 2. Effects
Amnesty under this Proclamation shall extinguish any criminal liability for acts committed in pursuit of a political
belief, without prejudice to the grantee's civil liability for injuries or damages caused to private persons. The
grant of amnesty shall also effect the restoration of civil or political rights suspended or lost by virtue of criminal
conviction.
Section 3. Firearms
The surrender of firearms, ammunitions and explosives shall not be a condition for amnesty. Applicants for
amnesty may surrender their firearms within sixty (60) days from the effectivity of this Proclamation without
incurring liability for illegal possession thereof. The Government shall continue to encourage rebels and
insurgents to turn-in firearms, ammunition and explosives which may be in their possession.
Section 4. National Amnesty Commission
There is hereby created a National Amnesty Commission, hereinafter referred to as the Commission, which shall
be primarily tasked with receiving and processing applications for amnesty, and determining whether the
applicants are entitled to amnesty under this Proclamation. Final decisions or determinations of the Commission
shall be appealable to the Court of Appeals.
Section 5. Who May Apply.
All persons who have or may have committed the crimes enumerated in Section 1, within the period prescribed
therein, including those detained, charged, or convicted for the commission of the same crimes, may apply with
the Commission for the grant of amnesty.
Section 6. Application Period.
Applications for the grant of amnesty shall be filed under oath with the Commission within six 16 months from
the effectivity of this Proclamation.
Section 7. Effectivity.
This Proclamation shall take effect upon concurrence by a majority of all the Members of the Congress.

PROCLAMATION NO. 724 AMENDING PROCLAMATION NO. 347 DATED MARCH 25, 1995

SECTION 1. Grant of Amnesty under Proclamation No. 347

SEC. 2. Re-opening of Application Period
Applications for the grant of amnesty under Proclamation No. 347 dated March 25, 1994, as amended by this
Proclamation, shall be filed with the National Amnesty Commission within ninety 190) days from the effectivity
of this Proclamation.
SEC. 3. Effectivity.
This Proclamation shall take effect upon the concurrence by a majority of all Members of Congress.

What is Reprieve?
 Reprieve, in criminal law, the temporary suspension of a sentence, such as a stay of execution, granted a
person convicted of a capital crime. A reprieve is usually granted by the sovereign or chief executive and
also, in the United States, by the governor of a state. In some cases it may be granted by the court that tried
the offender. • It is a postponement of sentence or temporary stay of the execution of sentence especially
the execution of the death sentence. Generally, Reprieve is extended to prisoners sentenced to death.

 The date of execution of sentenced is set back several days to enable the Chief to study the petition of the
condemned man for commutation of sentenced or pardon. • A reprieve is given to suspend the execution of
a sentence in order to give the prisoner time to find ways to have it reduced. With respect to capital cases, a
reprieve is given to suspend the execution of the death penalty for a period of time to consider whether or
not it should be imposed.
WHEN MAY A DEATH SENTENCE BE SUSPENDED?

1. Women, while pregnant and within 1 year after delivery.

2. Person over 70 years of age

3. In cases, wherein a convicted prisoner became insane before the actual date of execution

PURPOSE OF REPRIEVE

 The purpose of the reprieve is generally to allow an investigation into the legality of the conviction or into
alleged newly discovered evidence in favor of the convicted person. A reprieve delays an execution but,
unlike a pardon or a commuted sentence, does not negate a sentence unless the reinvestigation shows that
the prisoner has been unjustly tried or sentence.