Non-Institutional Corrections Reviewer

By: Gabriel Isaac O. Todyog

UB SCJPS
Non-institutional correction refers to a diverse range of alternative approaches to the
traditional incarceration model used in criminal justice systems. It represents a
departure from the conventional system of imprisonment and aims to provide more
effective, rehabilitative, and community-oriented methods of addressing criminal
behavior.
Non-institutional correction emphasizes the principle of individualized justice,
recognizing that each offender is unique and requires personalized interventions to
address the underlying causes of their criminal behavior. The approach focuses on
reducing recidivism rates, promoting community safety, and facilitating the successful
reintegration of individuals back into society.
This form of correction encompasses various strategies and programs, including
community-based supervision, restorative justice practices, diversion programs, and
rehabilitative services. Community-based supervision involves closely monitoring
individuals while allowing them to remain in the community, providing a balance
between accountability and support. Restorative justice programs aim to repair the harm
caused by criminal acts through dialogue, mediation, and reparation, fostering healing
for both victims and offenders.
Diversion programs offer alternatives to incarceration for certain non-violent offenders,
such as substance abuse treatment, mental health interventions, or educational
programs. These programs focus on addressing the root causes of criminal behavior,
rather than solely punishing offenders.
Rehabilitative services within non-institutional correction prioritize the provision of
education, vocational training, counseling, and other forms of therapy to help individuals
develop the skills, knowledge, and attitudes necessary to lead productive and law-
abiding lives.
Non-institutional correction recognizes that removing individuals from their communities
and placing them in prisons can often exacerbate existing social issues and increase
the likelihood of reoffending. By focusing on community involvement, accountability, and
rehabilitation, this approach seeks to reduce the reliance on incarceration as the
primary response to criminal behavior.

Contents
 Presidential Decree 968 (Probation Law of 1976)
 Parole
 Executive Clemency
 Good Conduct Time Allowance
 Presidential Decree 968
(The Probation Law of 1976)
Presidential Decree 968, issued on July 24, 1976, is a significant legal document that
established a probation system in the Philippines. This decree, known as the Probation
Law of 1976, was enacted to address the need for a more enlightened and humane
approach to correctional systems, with a focus on offender reformation and reducing
recidivism rates. By providing an alternative to imprisonment for certain offenders,
Presidential Decree 968 aimed to promote individualized treatment, rehabilitation, and
community-based programs.
Section 1. This Decree shall be known as the Probation Law of 1976. It shall apply to
all offenders except those entitled to the benefits under the provisions of Presidential
Decree numbered Six Hundred and three and similar laws.

Section 2. Purpose. 

(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which might
be less probable if he were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 4. Grant of Probation. 

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 waiver of the right to appeal, or the automatic
withdrawal of a pending appeal.

Section 5. Post-sentence Investigation. 

No person shall be placed on probation except upon prior investigation by the probation
officer and a determination by the court that the ends of justice and the best interest of
the public as well as that of the defendant will be served thereby.

Section 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.

Section 7. Period for Submission of Investigation Report. 

The probation officer shall submit to the court the investigation report on a defendant
not later than sixty days (60) from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation not later than five days
(5) after receipt of said report.

Section 8. Criteria for Placing an Offender on Probation. 

Probation shall be denied if the court finds that:

 (a) the offender needs 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.

Section 9. Disqualified Offenders. 

(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.

Section 10. Conditions of Probation. 

(a) 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;

(b) report to the probation officer at least once a month at such time and place as
specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and

enter and remain in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence

of persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and
place or work;
 (j) reside at premises approved by it and not to change his residence without its
prior written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and
not unduly restrictive of his liberty or incompatible with his freedom of
conscience.

Section 11. Effectivity 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 imposed for the offense under which he was placed
on probation.

Section 12. Modification of Condition of Probation. 

During the period of probation, the court may, upon application of either the probationer
or the probation officer, revise or modify the conditions or period of probation. The court
shall notify either the probationer or the probation officer of the filing such an application
so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change
in the period or conditions of probation.

Section 13. Control and Supervision of Probationer. 

The probationer and his probation program shall be under the control of the court who
placed him on probation subject to actual supervision and visitation by a probation
officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of

another court, control over him shall be transferred to the Executive Judge of the Court
of First Instance of that place, and in such a case, a copy of the probation order, the
investigation report and other pertinent records shall be furnished said Executive Judge.
Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred
shall have the power with respect to him that was previously possessed by the court
which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment

of not more than one year shall not exceed two years, and in all other cases, said
period shall not exceed six years.

(b) 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 to be more than twice the total number of days of subsidiary
imprisonment as computed at the rate established, in Article thirty-nine of the
Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. 

At any time during probation, the court may issue a warrant for the arrest of a
probationer for violation of any of the conditions of probation. The probationer, once
arrested and detained, shall immediately be brought before the court for a hearing,
which may be informal and summary, of the violation charged. The defendant may be
admitted to bail pending such hearing. In such a case, the provisions regarding release
on bail of persons charged with a crime shall be applicable to probationers arrested
under this provision. If the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof shall not be appealable.

Section 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.

Section 19. Probation Administration. 

The Administration shall be headed by the Probation Administrator, hereinafter referred

to as the Administrator, who shall be appointed by the President of the Philippines. He
shall hold office during good behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His
powers and duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) 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;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary
rules relative to the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate

personnel of his Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation

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

He shall be appointed by the President of the Philippines and shall receive an annual
salary of at least thirty-six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation
Administrator. To be eligible for Appointment as Administrator or Assistant Probation
Administrator, a person must be at least thirty-five years of age, holder of a master's
degree or its equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration,
or related fields, and should have at least five years of supervisory experience, or be a
member of the Philippine Bar with at least seven years of supervisory experience.

Section 22. Regional Office; Regional Probation Officer. 

The Administration shall have regional offices organized in accordance with the field
service area patterns established under the Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be
appointed by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation
officer within his jurisdiction and such duties as may assigned to him by the
Administrator. He shall have an annual salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer

who shall also be appointed by the President of the Philippines, upon recommendation
of the Secretary of Justice, with an annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. 

There shall be at least one probation officer in each province and city who shall be
appointed by the Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least
eighteen thousand four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or
the Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on
the terms and conditions of their probations;

(c) 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;

(d) 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;

(e) prepare a list of qualified residents of the province or city where he is

assigned who are willing to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision
of probationers;
 (g) exercise supervision and control over all field assistants, probation aides and
other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Parole System
The parole system in the Philippines provides a mechanism for the early release of
certain eligible prisoners who have demonstrated good behavior and rehabilitation while
serving their sentence. Parole allows individuals to reintegrate into society under
specific conditions and supervision, aiming to facilitate their successful reintegration and
reduce recidivism rates.

PAROLE
- A type of early release for inmates from a prison in which they agree to adhere to
certain behavioral requirements, such as checking in with their designated parole
officers, or they risk being re-arrested and sent back to prison.
The Board of Pardons and Parole
- An agency under the office of the Secretary of Justice that grants parole to a prisoner.
- Composed of the Secretary of Justice who shall be its Chairman, and four members to
be appointed by the President
Person Deprived of Liberty
- a person who has been arrested, held. in lawful custody, detained, or imprisoned in
execution of a lawful sentence
Laws pertaining to Parole in the Philippines
Act No. 4103
• Also known as the Indeterminate Sentence Law, an act to provide for an
indeterminate sentence and parole for all persons convicted of certain crimes by
the courts of the Philippine islands; to create a board of indeterminate sentence
and to provide funds therefor; and for other purposes
• Amended by Acts 4203 and 4225
• Effective on December 5, 1933.
Act No. 4103's Objectives:
• Reforming and rehabilitating offenders. It aims to provide a system for the
release of prisoners who have demonstrated good behavior and reformation
while serving their sentences.
• Decongest the jails (Save Government Money)
Indeterminate Sentence:
 • The law introduces the concept of an indeterminate sentence, a type of
sentencing structure wherein the court imposes a minimum and maximum term
of imprisonment for certain offenses.
• The minimum term sets the period that the offender must serve before becoming
eligible for parole.
• It aims to balance punishment with rehabilitation.
Eligibility for Parole:
The law allows eligible prisoners to apply for parole after serving the minimum term
of their indeterminate sentence, The Board of Indeterminate Sentence Review (BISR)
composed of appointed officials, reviews the applications and determines if parole
should be granted.

ELIGIBLE FOR PAROLE:

1. The Person Deprived of liberty is serving an indeterminate sentence where the
maximum period exceeds 1 year.
2. Completed the minimum period of an indeterminate sentence.
3. The conviction of the Person Deprived of liberty has become final and is currently
confined in a correctional institution.
4. Has no other pending case
NOT ELIGIBLE/ DISQUALIFICATIONS
1. Persons convicted of offenses punished with death penalty or life-imprisonment
2. To those convicted of treason, conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition or espionage.
3. Habitual delinquents
4. Convicted of piracy mutiny
5. Escaped from confinement or evaded sentence
6. Those who violated the conditions of their conditional pardon from the chief
executive
7. Those who are convicted of Reclusion Perpetua
8. Those who are convicted of terrorism, plunder or transnational crimes
Criteria for Parole:
• The Board of Indeterminate Sentence Review considers several factors when
deciding parole applications, including the nature and circumstances of the
offense, the offender's behavior, mental and physical condition, and their
potential for reformation and rehabilitation.
-The parole board aims to ensure that the individual is ready to reintegrate into society
and is not a threat to public safety
Granting of Parole:
• If the Board grants parole, the prisoner is released from confinement but remains
under the supervision of a parole officer.
 • The individual must comply with specific conditions set by the board, such as:
1. Reporting regularly to the parole officer,
2. Refraining from criminal activity, and
3. Maintaining good behavior.

Parole Revocation:
Violation of the parole conditions can result in the revocation of parole. If a parolee
commits another offense or fails to comply with the conditions, the parole board may
revoke the parole and order the individual's return to prison to serve the remainder of
their sentence.
(Unless the Board of Indeterminate Sentence shall, in its discretion, grant new parole to
the said prisoner)

Supervision of parolee:
1. Form of Release Document
2. Transmittal of Release Document
3. Parole Supervision
4. Presentation to Probation and Parole Officer
5. Arrival Report
6. Mandatory Conditions of Supervision
7. Review and Modification of Conditions
8. Transfer of Residence
9. Outside Travel
10. Travel Abroad and/or Work Abroad
11. Death of Parolee
Termination of Parole Supervision:
 The Parole Officer in charge of the supervision of a parolee shall submit a
summary report to the Board.
 Final Release and Discharge are issued
 Successful completion of probation;
 Probation revocation for cause under section 49 (a-c) of these Rules;
 Death of the probationer;
 Early termination of probation; or
 Other analogous cause(s) or reason(s) on a case-to-case basis as
recommended by the probation office and approved by the trial court.
 Executive Clemency
Executive clemency in the Philippine legal system refers to the power of the President
to grant mercy or leniency to individuals who have been convicted of a crime. It is a
discretionary power vested in the Chief Executive to mitigate or entirely set aside the
punishment imposed on a convicted person.
Executive clemency can be exercised through various means, including pardon,
commutation of sentence, reprieve, and remission of fines or forfeitures. A pardon
completely absolves the individual from the legal consequences of their conviction,
effectively restoring their civil and political rights. Commutation of sentence, on the other
hand, reduces the severity or length of the imposed sentence.
The grant of executive clemency is typically based on considerations such as the
prisoner's behavior and conduct during their incarceration, the merits of their case, their
potential for rehabilitation, and the interests of justice. The power to grant clemency is
usually exercised after a thorough review of the case by relevant authorities or agencies
tasked with making recommendations to the President.
It is important to note that the exercise of executive clemency is a discretionary act by
the President and does not invalidate the conviction itself. It serves as a means to
provide mercy, relief, or leniency to deserving individuals within the bounds of the law.

REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND

PAROLE

SECTION 1. Policy Objectives.

Under the provisions of Act No. 4103, as amended, otherwise known as the
“Indeterminate Sentence Law”, which was approved on December 5, 1933, it is the
function of the Board of Pardons and Parole to uplift and redeem valuable human
material to economic usefulness and to prevent unnecessary and excessive deprivation
of personal liberty by way of parole or through executive clemency. Towards this end,
the Board undertakes the following:

a. Looks into the physical, mental and moral records of prisoners who are eligible for
parole or any form of executive clemency and determines the proper time of release of
such prisoners on parole;

b. Assists in the full rehabilitation of individuals on parole or those under conditional

pardon with parole conditions, by way of parole supervision; and, `

c. Recommends to the President of the Philippines the grant of any form of executive
clemency to prisoners other than those entitled to parole.

SECTION 4. Scope of Authority.

The Board may consider the case of a prisoner for executive clemency or parole only
after his case has become final and executory.

It will not act on the petition of a prisoner who has a pending criminal case in court or
when his case is on appeal. In case the prisoner has one or more co-accused who had
been convicted, the Director/Warden concerned shall forward their prison records and
carpetas at the same time.
 II. Petitions for Executive Clemency/Parole

SECTION 5. 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.

Petitions for parole shall be addressed to the Chairman or to the Executive Director of
the Board. However, the Board may, motu proprio, consider cases for parole,
commutation of sentence or conditional pardon of deserving prisoners whenever the
interest of justice will be served thereby.

SECTION 6. Contents of Petition

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

In addition to the above-mentioned data, 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.

SECTION 9. Referral of Petition for Executive Clemency/Parole to Other Government

Agencies.

A petition for executive clemency shall be referred by the Board to the Secretary of
National Defense for comment and recommendation if the crime committed by the
petitioner is against national security or public order or law of nations. In case of
violation of election laws, rules and regulations, a petition for executive clemency/parole
shall be referred to the Commission on Elections for favorable recommendation,
provided, however, that regardless of the crime committed, a petition for executive
clemency/parole may be referred for a pre-parole/executive clemency investigation to a
Probation and Parole Officer who shall submit a report on the behavior, character
antecedents, mental and physical condition of the petitioner within thirty (30) days from
receipt of referral, to include the results of the National Bureau of Investigation records
check.

SECTION 10. Review of Cases for Executive Clemency. —

Petitions for executive clemency may be reviewed if the prisoners meet the following
minimum requirements:

A. For Commutation of Sentence

1. the prisoner shall have served at least one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.

2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life
imprisonment for crimes or offenses committed before January 1, 1994.
 3. at least twelve (12) years for prisoners whose sentences were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of Article
70 of the Revised Penal Code, as amended.

4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined in
Republic Act No. 7659 and other special laws committed on or after January 1,
1994 and sentenced to one or more Reclusion Perpetua or Life imprisonment.

5. at least twenty (20) years in case of one (1) or more Death penalty/penalties,
which was/were automatically reduced or commuted to one (1) or more
Reclusion Perpetua or Life imprisonment;

B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the
minimum of his original indeterminate and/or definite sentence. 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.

C. For Absolute Pardon, after he has served his maximum sentence or granted final
release and discharge or court termination of probation. However, the Board may
consider a petition for absolute pardon even before the grant of final release and
discharge under the provisions of Section 6 of Act No. 4103, as amended, as when the
petitioner:

(1) is seeking an appointive/elective public position or reinstatement in the

government service;

(2) needs medical treatment abroad which is not available locally,

(3) will take any government examination; or

(4) is emigrating.

SECTION 11. 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 or their last recommitment to prison
or conviction for evasion of service of sentence.

Good Conduct Time Allowance

The Good Conduct Time Allowance (GCTA) laws in the Philippines pertain to the
system that grants eligible prisoners a reduction in their sentence for displaying good
behavior and complying with certain requirements while incarcerated. The objective of
the GCTA laws is to incentivize positive conduct, encourage rehabilitation, and promote
the successful reintegration of individuals into society.

Under the GCTA laws, prisoners can earn credits or deductions from their sentence
based on their behavior and participation in rehabilitative programs. These credits can
lead to an earlier release or a reduction in the length of their sentence. The GCTA
system considers factors such as the prisoner's conduct, participation in educational or
vocational programs, work assignments, and engagement in self-improvement
activities.
The implementation of GCTA laws involves a careful evaluation process by relevant
authorities to determine eligibility and the amount of credit earned. It is essential to note
that GCTA is subject to specific guidelines, and eligibility requirements may vary
depending on the type of offense committed, the sentence imposed, and other relevant
factors.

Republic Act 10592

Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, is hereby further amended to read as follows:

"ART. 29. Period of preventive imprisonment deducted from term of

imprisonment. – Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing
after being informed of the effects thereof and with the assistance of counsel to
abide by the same disciplinary rules imposed upon convicted prisoners.

"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of
a counsel and shall be credited in the service of his sentence with four-fifths of
the time during which he has undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be

deducted from thirty (30) years.1âwphi1

"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.

Section 2. Article 94 of the same Act is hereby further amended to read as follows:

"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished

partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence."

Section 3. 

"ART. 97. Allowance for good conduct

"1. During the first two years of imprisonment, he shall be allowed a

deduction of twenty days for each month of good behavior during
detention;
 "2. During the third to the fifth year, inclusive, of his imprisonment, he shall
be allowed a reduction of twenty-three days for each month of good
behavior during detention;

"3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for each
month of good behavior during detention;

"4. During the eleventh and successive years of his imprisonment, he shall
be allowed a deduction of thirty days for each month of good behavior
during detention; and

"5. At any time during the period of imprisonment, he shall be allowed

another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time
rendered.

"An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct."

Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of
the calamity or catastrophe referred to in said article. A deduction of two-fifths of
the period of his sentence shall be granted in case said prisoner chose to stay in
the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive

imprisonment or serving sentence."

Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director
of the Bureau of Corrections, the Chief of the Bureau of Jail Management and
Penology and/or the Warden of a provincial, district, municipal or city jail shall
grant allowances for good conduct. Such allowances once granted shall not be
revoked."

Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be
imposed against any public officer or employee who violates the provisions of this Act.

Section 7. Implementing Rules and Regulations. – The Secretary of the Department of

Justice (DOJ) and the Secretary of the Department of the Interior and Local
Government (DILG) shall within sixty (60) days from the approval of this Act, promulgate
rules and regulations on the classification system for good conduct and time
allowances, as may be necessary, to implement the provisions of this Act.

Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional,

the remainder of the provisions not otherwise affected shall remain valid and subsisting.
Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general circulation

Definition of Terms

1. Absolute Pardon: A form of executive clemency that completely extinguishes a

convicted individual's criminal liability, releasing them from further punishment.

2. Appeal: A legal process through which a convicted person requests a higher court to
review and potentially overturn the decision made in their case.

3. Board of Indeterminate Sentence Review (BISR): An agency responsible for

reviewing parole applications and making recommendations to the President regarding
parole and other forms of executive clemency.

4. Chief Executive: The President of the Philippines, who holds the power to grant
executive clemency.

5. Civil Rights: The fundamental rights and privileges of individuals, such as the right to
vote, hold public office, and enjoy personal liberty, which may be restored through a
pardon or other forms of executive clemency.

6. Commutation of Sentence: A type of executive clemency that reduces the severity or

length of a convicted person's sentence.

7. Conditional Pardon: A form of executive clemency that releases a convicted

individual from further imprisonment, subject to certain conditions and restrictions.

8. Conduct Credits: Credits earned by prisoners for displaying good behavior and
participating in rehabilitative programs, which may lead to a reduction in their sentence.

9. Conviction: The formal declaration of guilt by a court of law, resulting in a criminal

record for the individual.

10. Court: A legal institution responsible for hearing and deciding cases, including those
related to executive clemency.

11. Criteria for Parole: The factors considered when determining whether a prisoner is
eligible for parole, including behavior, rehabilitation, and potential for reintegration.

12. Death Penalty: The highest form of punishment imposed for certain crimes, resulting
in the execution of the convicted individual.

13. Deprivation of Liberty: The loss of freedom and confinement experienced by

individuals who have been arrested, held in custody, or imprisoned.

14. Discretionary Power: The freedom given to the President to exercise executive
clemency at their own judgment and according to the circumstances of each case.

15. Eligibility for Executive Clemency: The criteria that determine whether a convicted
person can be considered for executive clemency, usually based on factors such as
behavior, rehabilitation, and the interests of justice.
16. Executive Clemency: The power of the President to grant mercy or leniency to
convicted individuals, mitigating or setting aside their punishment.

17. Fines: Monetary penalties imposed on convicted individuals as part of their

sentence.

18. Good Conduct Time Allowance (GCTA): Credits earned by prisoners for
demonstrating good behavior and compliance with certain requirements, leading to a
reduction in their sentence.

19. Granting of Parole: The decision made by the Board of Indeterminate Sentence
Review or the President to release a prisoner on parole, subject to specific conditions
and supervision.

20. Indeterminate Sentence: A sentencing structure where the court imposes a

minimum and maximum term of imprisonment, allowing for the possibility of parole.

21. Judicial System: The system of courts and related institutions responsible for
interpreting and applying the law in the Philippines.

22. Laws pertaining to Parole in the Philippines: Legal provisions, such as Act No. 4103,
that govern the parole system and the granting of executive clemency.

23. Leniency: The compassionate or forgiving treatment granted through executive

clemency to individuals who have been convicted of a crime.

24. Mercy: The act of showing compassion or forgiveness, often extended through
executive clemency to deserving individuals.

25. Minimum Term: The period that a prisoner must serve before becoming eligible for
parole or other forms of early release.

26. Offense: A criminal act or violation of the law committed by an individual.

27. Parole: A type of early release for inmates from prison, subject to certain conditions
and supervision.

28. Parole Officer: An appointed official responsible for supervising and monitoring
parolees, ensuring compliance with parole conditions.

29. Parole Revocation: The process of revoking parole due to a parolee's failure to
comply with the conditions or committing new offenses.

30. Pardon: A form of executive clemency that absolves an individual from the legal
consequences of their conviction, restoring their civil and political rights.

31. Penal Code: The body of laws that define and govern crimes, punishments, and
criminal procedures in the Philippines.

32. Petition for Executive Clemency: A formal request submitted to the Board of
Indeterminate Sentence Review or the President, seeking the grant of executive
clemency.

33. Prison Sentence: The period of imprisonment imposed on a convicted individual as

part of their punishment.
34. Prisoner: An individual who has been deprived of liberty and is serving a sentence in
prison.

35. Probation: An alternative to imprisonment that allows offenders to remain in the

community under specific conditions and supervision.

36. Probation Officer: A designated officer responsible for supervising and assisting
probationers in their rehabilitation and compliance with probation conditions.

37. Rehabilitation: The process of helping convicted individuals reform and reintegrate
into society, aiming to reduce the likelihood of reoffending.

38. Release Document: A document issued upon the release of a parolee, outlining the
terms and conditions of their parole.

39. Reprieve: A form of executive clemency that temporarily suspends or postpones the
execution of a sentence.

40. Restoration of Rights: The reinstatement of civil and political rights to a convicted
individual through executive clemency, such as the right to vote and hold public office.

41. Review Process: A thorough evaluation conducted by relevant authorities or

agencies to assess a convicted person's case and make recommendations regarding
the grant of executive clemency.

42. Sentence: The punishment imposed by a court on a convicted individual for a crime
committed, which may include imprisonment, fines, or other penalties.

43. Supervision: The process of overseeing and monitoring parolees or probationers to

ensure compliance with the conditions of their release.

44. Termination of Parole Supervision: The conclusion of parole supervision for a

parolee, usually after successfully completing the parole period or meeting specific
criteria.

45. Trial Court: The court of law where criminal cases are initially heard and decided.

46. Warden: The official in charge of a correctional institution, responsible for the
custody and supervision of prisoners.

47. With the Assistance of Counsel: The involvement of a lawyer or legal representation
during the process of seeking executive clemency or submitting petitions.

48. Work Assignments: Tasks or employment given to prisoners as part of their

rehabilitation and participation in the correctional system.

49. Written Agreement: A formal written document, such as a petition or agreement, that
outlines the terms and conditions of executive clemency or parole.

50. Year Imprisonment: A measure of time used to determine eligibility for parole and
other forms of executive clemency, indicating the duration of a sentence.

References:

Board of Pardons and Parole. (1976). Revised Rules and Regulations of the Board of Pardons and Parole
[PDF document]. Retrieved from URL https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html
Title: Revised Rules and Regulations of the Board of Pardons and Parole
URL: https://chanrobles.com/REVISED%20RULES%20AND%20REGULATIONS%20OF%20THE%20BOARD
%20OF%20PARDONS%20AND%20PAROLE.pdf
Title of the Document: Republic Act No. 10592
URL: https://lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html

Quiz

1. What is executive clemency?

a. The power of the President to grant mercy or leniency to individuals convicted of a

crime.

b. A type of early release for inmates from prison.

c. The process of revoking parole.

d. A reduction in sentence for displaying good behavior.

2. What is the purpose of the Board of Indeterminate Sentence Review (BISR)?

a. To grant parole to eligible prisoners.

b. To conduct a thorough review of parole applications.

c. To supervise and monitor parolees.

d. To recommend executive clemency to the President.

3. What is a commutation of sentence?

a. A complete absolution of a person's criminal liability.

b. A reduction in the severity or length of a sentence.

c. A temporary suspension of the execution of a sentence.

d. The power of the President to grant mercy or leniency.

4. What are civil rights?

a. The fundamental rights and privileges of individuals.

b. Credits earned by prisoners for good behavior.

c. Monetary penalties imposed on convicted individuals.

d. The power of the President to grant executive clemency.

5. What is the purpose of parole supervision?

a. To rehabilitate individuals on parole.

b. To grant absolute pardons.

c. To review cases for executive clemency.

d. To supervise and monitor parolees' compliance with conditions.

6. What is an indeterminate sentence?

a. A reduction in the severity or length of a sentence.

b. A sentencing structure with a minimum and maximum term of imprisonment.

c. The power of the President to grant clemency.

d. A type of early release for inmates from prison.

7. What is a pardon?

a. A complete absolution of a person's criminal liability.

b. The reduction of a sentence based on good conduct.

c. The power of the President to grant executive clemency.

d. The reinstatement of civil and political rights to a convicted individual.

8. What are conduct credits?

a. Monetary penalties imposed on convicted individuals.

b. Reductions in sentence for displaying good behavior.

c. The fundamental rights and privileges of individuals.

d. Credits earned by prisoners for participating in rehabilitative programs.

9. What is probation?

a. A form of early release for inmates from prison.

b. The process of supervising and monitoring parolees.

c. The reduction in the severity or length of a sentence.

 d. An alternative to imprisonment with specific conditions and supervision.

10. What is parole revocation?

a. The process of revoking probation.

b. The reduction of a sentence for good conduct.

c. The revocation of parole due to non-compliance or new offenses.

d. The reinstatement of civil and political rights to a convicted individual.

11. What is the purpose of the review process?

a. To grant parole to eligible prisoners.

b. To conduct a thorough evaluation of parole applications.

c. To recommend executive clemency to the President.

d. To supervise and monitor parolees.

12. What is a prison sentence?

a. The power of the President to grant mercy or leniency.

b. The period of imprisonment imposed on a convicted individual.

c. The reduction of a sentence for good behavior.

d. The process of revoking parole.

13. What is a prisoner?

a. An individual granted parole.

b. A person released on probation.

c. A person deprived of liberty and serving a sentence in prison.

d. A person whose sentence has been completely absolved.

14. What is an appeal?

a. The process of supervising and monitoring parolees.

 b. The request for a higher court to review a decision made in a case.

c. The reduction of a sentence for good conduct.

d. The complete absolution of a person's criminal liability.

15. What are fines?

a. Monetary penalties imposed on convicted individuals.

b. The fundamental rights and privileges of individuals.

c. Credits earned by prisoners for participating in rehabilitative programs.

d. The power of the President to grant clemency.

16. What is the purpose of the Warden?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To recommend executive clemency to the President.

17. What is a petition for executive clemency?

a. The formal request for probation.

b. The process of revoking parole.

c. The request for the grant of executive clemency.

d. The appeal for a higher court to review a decision.

18. What is the purpose of probation?

a. To grant absolute pardons.

b. To supervise and monitor parolees.

c. To provide an alternative to imprisonment.

d. To review cases for executive clemency.

19. What is the role of the Chief Executive?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To exercise the power of executive clemency.

20. What are work assignments?

a. Tasks or employment given to prisoners as part of their rehabilitation.

b. Credits earned by prisoners for good behavior.

c. The reduction in the severity or length of a sentence.

d. Monetary penalties imposed on convicted individuals.

21. What is the purpose of the Board of Pardons and Parole?

a. To supervise and monitor parolees.

b. To grant absolute pardons.

c. To review cases for executive clemency.

d. To provide an alternative to imprisonment.

22. What is a conditional pardon?

a. A complete absolution of a person's criminal liability.

b. The reduction of a sentence based on good conduct.

c. The reinstatement of civil and political rights to a convicted individual.

d. A pardon with specific conditions attached.

23. What is the function of the Secretary of Justice in the parole system?

a. To grant parole to eligible prisoners.

b. To review cases for executive clemency.

c. To oversee the custody and supervision of prisoners.

 d. To serve as the Chairman of the Board of Pardons and Parole.

24. What is an eligible prisoner?

a. A person who has escaped from confinement.

b. An individual convicted of a heinous crime.

c. A person who has completed the minimum period of an indeterminate sentence.

d. A prisoner who violated the conditions of their conditional pardon.

25. What is the purpose of the Good Conduct Time Allowance (GCTA)?

a. To grant parole to eligible prisoners.

b. To reduce the severity or length of a sentence for good behavior.

c. To recommend executive clemency to the President.

d. To provide an alternative to imprisonment.

26. What is the significance of Act No. 4103 in the parole system?

a. It introduced the concept of an indeterminate sentence.

b. It grants full restoration of civil and political rights to a convicted individual.

c. It created the Board of Pardons and Parole.

d. It established the criteria for granting parole.

27. What is the role of the Executive Director of the Board of Pardons and Parole?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To handle the administrative functions of the Board.

28. What is the process of parole application review?

a. The Board grants immediate parole to eligible prisoners.

 b. The Secretary of Justice conducts a thorough evaluation of parole applications.

c. Relevant authorities or agencies review the case and make recommendations to

the President.

d. The parolee submits a formal petition for parole to the Board.

29. What is the significance of Act No. 3815 in the parole system?

a. It grants full restoration of civil and political rights to a convicted individual.

b. It introduced the concept of an indeterminate sentence.

c. It created the Board of Pardons and Parole.

d. It provides for the period of preventive imprisonment to be deducted from the

sentence.

30. What is the purpose of the Department of Justice (DOJ) in the parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To review cases for executive clemency.

31. What is the role of the Probation and Parole Officer in the parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To review cases for executive clemency.

32. What is an aggregate sentence?

a. The minimum period of an indeterminate sentence.

b. The combination of multiple sentences imposed on a convicted individual.

c. The power of the President to grant clemency.

d. The process of revoking parole.

33. What is the purpose of the Commission on Elections (COMELEC) in the parole
system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To review cases for executive clemency related to election law violations.

d. To oversee the custody and supervision of prisoners.

34. What is the significance of Republic Act 10592 in the parole system?

a. It grants full restoration of civil and political rights to a convicted individual.

b. It introduced the concept of an indeterminate sentence.

c. It provides guidelines for the classification system of good conduct and time
allowances.

d. It created the Board of Pardons and Parole.

35. What is the purpose of the Director of the Bureau of Corrections in the parole
system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To review cases for executive clemency.

36. What is an absolute pardon?

a. A complete absolution of a person's criminal liability.

b. The reduction of a sentence based on good conduct.

c. The reinstatement of civil and political rights to a convicted individual.

d. A pardon with specific conditions attached.

37. What is the significance of Act No. 3815 in the parole system?

a. It grants full restoration of civil and political rights to a convicted individual.

b. It introduced the concept of an indeterminate sentence.

 c. It created the Board of Pardons and Parole.

d. It provides for the period of preventive imprisonment to be deducted from the

sentence.

38. What is the role of the Commission on Elections (COMELEC) in the parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To review cases for executive clemency related to election law violations.

d. To oversee the custody and supervision of prisoners.

39. What is the purpose of the Department of Justice (DOJ) in the parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To review cases for executive clemency.

40. What is the role of the Probation and Parole Officer in the parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To review cases for executive clemency.

41. What is the purpose of the Warden in the parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To review cases for executive clemency.

42. What is the significance of Article 158 in the parole system?

a. It grants full restoration of civil and political rights to a convicted individual.

 b. It introduced the concept of an indeterminate sentence.

c. It provides guidelines for the classification system of good conduct and time
allowances.

d. It offers special time allowances for loyalty.

43. What is the role of the Bureau of Jail Management and Penology (BJMP) in the
parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To oversee the custody and supervision of prisoners.

d. To review cases for executive clemency.

44. What is a petition for executive clemency?

a. A request for parole eligibility.

b. A request for conditional pardon.

c. A formal appeal for commutation of sentence.

d. A formal request for mercy or leniency.

45. What is the role of the National Bureau of Investigation (NBI) in the parole system?

a. To supervise and monitor parolees.

b. To grant commutations of sentence.

c. To conduct records checks for parole applications.

d. To review cases for executive clemency.

46. What is an appellate court?

a. A court that handles parole applications.

b. A court that reviews cases on appeal.

c. A court that grants absolute pardons.

d. A court that revokes parole.

47. What is the purpose of the Parole Supervision form?

a. To evaluate the behavior of parolees.

b. To determine eligibility for executive clemency.

c. To track the progress of parolees in rehabilitation programs.

d. To review cases for potential parole revocation.

48. What is the role of the Chief Executive in the parole system?

a. To supervise and monitor parolees.

b. To grant absolute pardons.

c. To oversee the custody and supervision of prisoners.

d. To exercise executive clemency powers.

49. What is the significance of the Separability Clause in the parole system?

a. It grants full restoration of civil and political rights to a convicted individual.

b. It introduced the concept of an indeterminate sentence.

c. It ensures that if any part of the law is held invalid, the remaining provisions remain
in effect.

d. It outlines the guidelines for good conduct and time allowances.

50. What is the purpose of the Repealing Clause in the parole system?

a. It grants full restoration of civil and political rights to a convicted individual.

b. It introduced the concept of an indeterminate sentence.

c. It provides guidelines for the classification system of good conduct and time
allowances.

d. It repeals any previous laws or regulations that are inconsistent with the current
parole system.
Key Answers:

1. a 25. b

2. d 26. a

3. b 27. d

4. a 28. c

5. d 29. d

6. b 30. d

7. a 31. a

8. d 32. b

9. d 33. c

10. c 34. c

11. b 35. c

12. b 36. a

13. c 37. b

14. b 38. c

15. a 39. d

16. c 40. a

17. c 41. c

18. c 42. d

19. d 43. c

20. a 44. d

21. c 45. c

22. d 46. b

23. d 47. a

24. c 48. d
49. c 50. d