NON-INSTITUTIONAL CORRECTION

Non – Institutional Corrections

Non – Institutional Corrections – take charge of correcting
offender through community based – program such as
probation, suspended sentence for first time minor
offenders, Parole and Conditional Pardon.
TYPES OF NON-INSTITUTIONAL CORRECTIONS PROGRAM

Probation
➢ It is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a
probation officer.
Indeterminate Sentence Law / Parole Program
➢ It is that type of correctional program that enables the convicted felon after
serving the minimum imposable penalty may be eligible for release on parole.
Executive Clemency
➢ It is the power of the Chief Executive to grant amnesty, commutation of sentence,
pardon, reprieve and remit fines and forfeitures to convicted prisoners
Restorative Justice Program
➢ It refers to the program enacted under RA 9344 for CICL’s that requires a CICL’s to
undergo after he/she is found responsible for an offense without resorting to
formal court proceeding like diversion, intervention and Community based
programs.
Community - Based Correction Programs in the Philippines
➢ The Community-Based Treatment Programs are those
programs that are intended to treat criminal offenders within
the free community as alternatives to confinement.
➢ It includes all correctional activities directly addressed to the
offender and aimed at helping him to become a law- abiding
citizen.
Advantages of Community - Based Correction
1. Family members need not be victims also for the
imprisonment of a member because the convict can still
continue to support his family.
2. Rehabilitation will be more effective as the convict will not be
exposed to hardened criminals in prisons who will only
influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus
corrections can be made and be more effective.
4. It is less costly on the part of the government. Cost of
incarcerations will be eliminated which is extremely beneficial
on the part of the government.
The Role of Community Corrections in the Criminal
Justice System
➢ Community sentence seeks to repair the harm the offender has caused
the victim or the Community, provide for public safety and rehabilitate
and promote effective reintegration.
➢ A community correction has traditionally emphasized
REHABILITATION as its goal.

The staff of community correctional programs has two potentially

competing roles that reflect different goals:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.
Agencies Concerned
Parole and Probation Administration (PPA)
✓ Headed by Administrator
✓ Handles the Investigation petitioners for Probation & Supervision of
Probationer, Parolees, and Conditional Pardonees.
✓ Hon. Teodulo Natividad was the first Administrator
Board of Pardons and Parole (BPP)
✓ Headed by Chairman (DOJ Undersecretary)
✓ Responsible for grant of Parole and recommending Executive Clemency
to the President ( E.O 83, series of 1937)
Department of Social Welfare and Development (DSWD)
✓ Act. 3202, PD 603
✓ JJWC (RA 9344) IJISC (RA10630)
✓ Headed by DSWD Undersecretary as Chairman
✓ renders services for Children in Conflict with the Law (CICL)
Probation
➢ One of the most common forms of community correction is
probation. Probation can be thought of as a type of post-trial
diversion from incarceration.
➢ A term coined by John Augustus, from the Latin verb “Probare”-
to prove, to test.
➢ Latin word “Probatio” coined by Frederick Renier which means
testing period
➢ It is a disposition under which a defendant after conviction of an
offense, the penalty of which does not exceed 6 years of
imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
History of Probation
Royal pardons
➢ could be purchased by the accused; activist judges could refrain
from applying statuses or could opt for a lenient interpretation of
them; stolen property could be devalued by the court so that
offenders could be charged with a lesser crime.
Shock Imprisonment
Split Sentencing
Forerunners of Probation
Benefits of Clergy
➢ if any member of the clergy was brought to trial before the king’s court,
such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner was subject
to the authority of the Ecclesiastical Court only.
Judicial Reprieve
➢ when there is a favorable circumstance in the criminal’s character in
order to give him opportunity to apply to the King for either an
absolute an or conditional pardon. Early English courts began to grants
reprieves to prisoners under sentence of death on condition that they
accept deportation to English settlements in America.
Forerunners of Probation
Recognizance or “Binding over for good behavior”
➢ this is considered as the direct ancestor of probation. This
involves an obligation or promise sworn to under court order
by a person not yet convicted of crime he would keep the peace
and be of good behavior.
Transportation
➢ this was developed from an ancient practice of banishment
and flourished for more than two hundred years as a principal
method of disposing offenders. It served mainly as cheap source
of supplying labor to the colonies of England.
Historical Development of Probation in England
England - It is where probation started in a form of suspending
judgment and releasing offender on his own Recognizance
(ROR)
Mathew Davenport Hill - Father of Probation in England
➢ an 18th century English barrister and judge
➢ became the Recorder of Birmingham, a judicial post.
➢ He finds persons who act as guardians of the juvenile offender. Then at
an unexpected period, the confidential officer visits the guardian,
makes inquiries and keeps notes of information received.
➢ Hill had police officers pay periodic visits to these guardians in an
effort to tack the offender’s progress and to keep a running account.
Historical Development of Probation in USA
USA
➢The first state to enact a real probation law, the first
practical demonstration of probation, first use of the
term as court service, and the enactment of the first
probation law occurred in Massachusetts on April 21,
1878
➢but widely upon the passage of the first Juvenile Court
law of Cook Country in Illinois
✓ Edward Savage – first Probation officer
Historical Development of Probation in USA
John Augustus (True Probation Officer)
➢ Father of Probation in the USA.
➢ Was a Boston shoemaker
➢ member of Washington Total Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
➢ In 1841, John Augustus attended police court to bail out a “common drunkard,” the
first probationer.
➢ He volunteered his 18 years in life as probation officer
1841 – considered as birth year of probation.
➢ August 1841- Rugged drunk man (3 weeks -The drunkard was brought back to court
where the judge cannot recognize him. Imposes a fine of $ 3.76.)
➢ By 1858, John Augustus had provided bail for 1,946 men and women, young and old.
Reportedly, only ten of this number forfeited their bond.
Fr. Rufus Cook – a chaplain in Boston, Massachusetts who continued the work of
Augustus after the latter’s death and employed humane but unscientific approach.
Historical Development of Probation in USA
Massachusetts became the 1st country to enact a probation law on
April 21/26, 1878
➢ Developed “Security for Good Behavior” or otherwise known as Good
Aberrance
➢ It was signed by Alexander Hamilton Rice
➢ Massachusetts Trial Court Probation Service, more commonly referred
to as the Massachusetts Probation Service (MPS), is the
Commonwealth's primary supervisory law enforcement agency. Created
in 1878, it is the first Probation agency established in the United States.
 Historical Development of Probation in USA
Missouri
➢ adopting a partial measure with its “Parole of Convicted Person’s Law Of 1897.”
Vermont
➢ The 2nd state to enact probation law.
➢ Vermont Act of 1898
➢ The Real Probation Law (applied to adult offenders)
➢ like Missouri and unlike Massachusetts provided for probation only after
suspension of the execution of sentence.
Rhode Island
➢ The 3rd state to enact a real probation law
➢ First appeared a complete state-administered probation system.
➢ The Act of 1899 empowered the board of state charities and corrections to
appoint a state probation officer and additional probation officers, “one of
whom at least shall be a women,” to serve all courts in the state.
Historical Development of Probation in USA
1901
➢ Probation in New York State had its official beginning
January 11, 1909
➢ The first probation bill was introduced during the 60th congress,
2nd session by Representative McCall of Massachusetts.
March 4, 1925
➢ The 1st Federal Probation Act became law, signed by President
Calvin Coolidge.
Historical Development of Probation in USA
New Jersey
➢ The 4th state to pass a general probation law after the New
England Model in 1900
New York
➢ The 5th state to provide for adult probation
California
➢ The 6th state to enact adult probation law and juvenile court
laws, both in 1903
Historical Development of Probation in USA
Killets Case
➢ This decision led to the passing of the National Probation
Act of 1925, thereby, allowing courts to suspend the
imposition of incarceration and place an offender on
probation.
✓ signed by President Calvin Coolidge
✓ the U.S. Federal Probation Service was established.
History of Probation in the Philippines
Act No. 4221
➢ enacted by the Philippine legislature on August 07, 1935 and which
created a Probation Offices under the Department of Justice led by a
Chief Probation Officer appointed by the American Governor General
with the advice and consent of the United States.
➢ This Law provided probation for the first time offenders, eighteen
years of age and over, convicted of a certain crime.
➢ Lasts for only 2 years. The act subsequently declared unconstitutional by
the Supreme Court on Nov. 16, 1937 in People vs. Vera
▪ ISSUE: Whether or not:
1. Encroaches upon the pardoning power of executive.
2. Constitute on undue delegation of legislative power.
3. Denies the equal protection of the law.
History of Probation in the Philippines
Teodulo C. Natividad
➢ He is the Father of Probation in the Philippines. First
Administrator of the Parole and Probation Administration which
attached to the DOJ.
➢ First Filipino Vice President of the United Nations Congress,
Geneva Switzerland
➢ Former NAPOLCOM commissioner
➢ Former Congressman of Bulacan
➢ Introduced House Bill No. 393 in collaboration with former
Congressman Ramon D. Bagatsing.
✓ The measure was passed in the Lower House and was pending in the
senate when Martial Law was proclaimed in 1972.
 History of Probation in the Philippines
P.D. 968
➢ Reestablished the adult probation law which was signed by Pres.
Ferdinand Marcos on July 24, 1976.
➢ “Probation law of 1976” otherwise known” Adult Probation Law of 1976”
➢ April 24, 1976 Draft the decree by NEPTALI GONZALES
➢ In July 24, 1976 was approved by late President Ferdinand E. Marcos
➢ In January 3, 1978 was took effect
PD 1257
➢ Comment of the prosecutor within 10 days
➢ Decision for granting of Probation by the judge within 15 days
BP 76
➢ 6 years and 1 day imprisonment is qualified for probation
PD 1990
➢ Remove “1 day” and made 6 years imprisonment and below qualified for
probation
History of Probation in the Philippines
E.O 292 Administrative Code Of 1987
➢ Renamed Probation Administration (968) to Parole and Probation
Administration
BPP Resolution 229
➢ Authorized the PPA to supervise and conduct investigation on
parolee and pardonee
✓ Pre – executive Clemency (60 days)
✓ Pre-Parole Investigation (60 days)
BPP Resolution 24-4-10
✓ Pre – executive Clemency – 30 days (NO EXTENSION)
✓ Pre-Parole Investigation – 30 days (NO EXTENSION)
 PD No. 968 vs
Sec. 4. Grant of Probation. — Subject to the provisions of this
Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place
the defendant on probation for such period and upon such
terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term
of imprisonment or a fine only. An application for probation
shall be filed with the trial court, with notice to the appellate
court if an appeal has been taken from the sentence of
conviction. The filing of the application shall be deemed a
waver of the right to appeal, or the automatic withdrawal of a
pending appeal.
An order granting or denying probation shall not be appealable.
RA No. 10707
Provided, That when a judgment of
conviction imposing a non-probationable
penalty is appealed or reviewed, and such
judgment is modified through the
imposition of a probationable penalty, the
defendant shall be allowed to apply for
probation based on the modified decision
before such decision becomes final.
The application for probation based on the
modified decision shall be filed in the trial
court where the judgment of conviction
imposing a non-probationable penalty was
rendered, or in the trial court where such case
has since been re-raffled. In a case involving
several defendants where some have taken
further appeal, the other defendants may apply
for probation by submitting a written
application and attaching thereto a certified
true copy of the judgment of conviction.
PD No. 968 vs
Sec. 9. Disqualified Offenders. — The benefits
of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of
imprisonment of more than six years;
(b) convicted of any offense against the security
of the State;
(c) who have previously been convicted by
final judgment of an offense punished by
imprisonment of not less than one month
and one day and/or a fine of not less than
Two Hundred Pesos;
(d) who have been once on probation under
the provisions of this Decree; and
(e) who are already serving sentence at the time
the substantive provisions of this Decree
became applicable pursuant to Section 33
hereof.
RA No. 10707
“(a) sentenced to serve a maximum term of
imprisonment of more than six (6) years;
“(b) convicted of any crime against the
national security;
“(c) who have previously been convicted
by final judgment of an offense punished by
imprisonment of more than six (6)
months and one (1) day and/or a fine of
more than one thousand pesos (Php
1,000.00);
“(d) who have been once on probation under
the provisions of this Decree; and
“(e) who are already serving sentence at the
time the substantive
provisions of this Decree became applicable
pursuant to Section 33 hereof
PD No. 968 vs
Sec. 16. Termination of Probation. — After the
period of probation and upon consideration of
the report and recommendation of the
probation officer, the court may order the final
discharge of the probationer upon finding that
he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspend as a result of his conviction and to
fully discharge his liability for any fine
imposed as to the offense for which probation
was granted.
The probationer and the probation officer
shall each be furnished with a copy of such
order.
RA No. 10707
“SEC. 16. Termination of Probation. - After the
period of probation and upon consideration of
the report and recommendation of the
probation officer, the court may order the final
discharge of the probationer upon finding that
he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed
terminated.
“The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
totally extinguish his criminal liability as to
the offense for which probation was granted.
“The probationer and the probation officer
shall each be furnished with a
copy of such order.”
PD No. 968 vs
Sec. 28. Probation Aides. — To assist the
Provincial or City Probation Officers in
the supervision of probationers, the
Probation Administrator may appoint
citizens of good repute and probity to act
as probation aides.
Probation Aides shall not receive any
regular compensation for services except
for reasonable travel allowance. They
shall hold office for such period as may be
determined by the Probation
Administrator. Their qualifications and
maximum case loads shall be provided in
the rules promulgated pursuant to this
Decree.
RA No. 10707
SEC. 28. Volunteer Probation Assistants (VPAs). -
To assist the Chief Probation and Parole Officers in
the supervised treatment program of the
probationers, the Probation Administrator may
appoint citizens of good repute and probity, who
have the willingness, aptitude, and capability to act
as VPAs.
“VPAs shall not receive any regular compensation
except for reasonable transportation and meal
allowances, as may be determined by the
Probation Administrator, for services rendered as
VPAs.
“They shall hold office for a two (2)-year term
which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance
in office and maximum case loads shall be further
prescribed under the implementing rules and
regulations of this Act.
Case Load
(OLD)
The maximum supervision caseloads of a Probation Aide / Volunteer
Probation Assistants at any given time shall be
1. Ten (10) probationers on minimum case classification or
2. Three (3) probationers on maximum case classification in addition
to other duties.

(NEW)
SECTION 60. Caseload. — VPAs shall supervise Eighty Percent (80%)
of the clients. The maximum caseload of each VPA shall be 5 clients
(1:5).
Qualifications of Volunteer Probation Assistants
a) Must be citizens of good repute and probity.
b) At least 18 years of age on the date of appointment - (old)
Note: at least 25 years of age – (new)
c) At least high school graduates and
d) Preferably residence of the same locality or community covering the
place of residence of the probationer and/or the CPPOs, SPPOs, and
SrPPOs, PPOsII, and PPOsI.
Other qualification
1. Of sound mind and of good moral character.
2. As adequate and stable income and willing to serve without any
compensation.
3. Has no criminal record of conviction, except those who have shown
exemplary may therefore be considered role model to fellow offenders.
4. Has the time to supervise a maximum of 5 clients.
Purpose of Probation
✓ Promote the correction and rehabilitation of an offender by
providing him with individualized treatment.
✓ Provide an opportunity for the reformation of a penitent
offender.
✓ Prevent commission of an offense.
Benefits Of Probation
1. Protects of society b. Lessen the clogging of courts.
a. From excessive cost of detention.c. Enlighten loads of prosecutors.
b. From the high rate of recidivism. 5. Helps the offender
2. Protects the victim a. Maintain his earning power.
a. It provides restitution. b. Provides rehabilitation in the
b. It preserves justice. community.
3. Protects the family c. Restore his dignity.
a. It does not deprive the wife and 6. Justifies the philosophy of men
children of husband. a. Life is sacred.
b. It maintains the unity of the b. All men deserve second chance.
homes c. Individual can change.
4. Assist the government
a. Reduce the population of prison
and jails
DISQUALIFIED OFFENDERS
❑ Sentence to serve a maximum term of imprisonment of more than six years.
❑ Convicted of subversion or any crime against national security or public order.
❑ Who have previously convicted of final judgement of an offense punished by
imprisonment of more than 6 months and 1 day or a fine of more than 1000 pesos.
❑ Who have been once in probation under the provisions of this Decree became
application pursuant to sec. 33 thereof;
❑ Those who are not convicted.
❑ An offender who is already serving sentence or is otherwise specifically disqualified
under sec. 9
❑ Any person found guilty of any election offense.
❑ Violation of PD 1987 ( An Act Creating the Videogram Regulatory Board)
❑ Violation of Wage Rationalization Act (RA 6727) provides that the violators of the
law shall not be entitled to the benefits of the Probation Law.
❑ Violation of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002.
POST SENTENCE INVESTIGATION
SECTION 19. Assignment. — After receipt of the referral order from the Trial Court, the
Probation Office concerned shall docket and assign the case to an Investigating Officer (IO).

SECTION 20. Initial Interview/Accomplishment of Work Sheet/ Waiver. —

a) Within five (5) working days from receipt of said referral, the CPPO shall conduct the
initial interview of the petitioner.

b) A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA and/or the Probation
Office to secure any and all information on the petitioner, shall be duly executed and
signed by him/her.

c) If the petitioner remains unlocated despite due diligence, one shall be declared as an
absconding petitioner hence a recommendation for denial shall be submitted to the
court for appropriate action.
SECTION 21. Scope and Extent of PSI—The IO shall conduct a
thorough investigation on the antecedents, mental and physical
condition, character, socio-economic status and criminal record, if
any, of the petitioner and the institutional and community resources
available for his/her rehabilitation.

SECTION 22. Collateral Information. — During the conduct of the

PSI, collateral information must be gathered from those persons who
have direct personal knowledge of the petitioner, offended party
family members, and/or their relatives, including barangay officials and
disinterested persons.

SECTION 23. Subsequent interviews. — To obtain additional data,

counter check, or clarify discrepancies between the information
received from the petitioner and those secured from other sources, the
IO may conduct subsequent or further interviews on the petitioner and/
or other persons as deemed appropriate.
Submission of Investigation Report
➢ The investigation report having been completed, the Chief Probation and
Parole Officer should submit his report to the court, “not later than 60
days from receipt of the order of the court to conduct the investigation”.
➢ The same period is merely directory, not mandatory, in the sense that an
investigation report submitted after 60 days would still be a valid report.
➢ NO COPY OF REPORT FOR APPLICANT
✓ The investigation report as well as the supervision history “shall be privilege
and shall not be disclosed directly or indirectly to anyone other than the
Parole and Probation Administration or the court concerned.
➢ NO RIGHT OF APPLICANT TO COMMENT ON REPORT
✓ There is nothing in the Probation Law which entitles the applicant to submit
any comment or demand that the court should consider the same.
Grant or Denial of Probation
Probation Discretionary - Probation shall be denied if the court finds
that:
✓ The offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
✓ There is an undue risk that during the period of probation, the offender will
commit another crime; or
✓ Probation will depreciate the seriousness of the offense committed.
APPLICANT MAY REJECT GRANT OF PROBATION
✓ The law does not oblige the defendant to accept the probation granted by the court.
He should be allowed to turn down the same grant especially since he might feel that
the terms and conditions thereof are too enormous for him.
Issuance of Probation Order
➢ A probation order shall take effect UPON ITS ISSUANCE, at which time the
court shall
✓ inform the offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty impose for the offense under which he
was placed for probation.
Conditions of Probation
Mandatory conditions
1. present himself to the probation officer designated to
undertake his supervision at such place as may be specified
in the order within Seventy-two hours from receipt of said
order;
2. Report to the probation officer at least once a month at such
time and place as specified by said officer.
OTHER CONDITIONS:
The court may also require the probationer to:
1. Cooperate with the program of supervision;
2. Meet his family responsibilities
3. Devote himself to specific employment and not to change said
employment without prior written approval of the probation/parole
officer.
4. Undergo medical, psychological or psychiatric examination and
treatment and enter and remain on a specified institution, when
required for the purpose;
5. Pursue a prescribed secular study or vocational training;
6. Attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
7. Refrain from visiting house of ill-repute;
8. Abstain from drinking intoxicating beverages to excess;
9. Permit the probation(and parole) officer or an authorized social
worker to visit his home and place of work;
10. Reside at premises approved by it and not to change his residence
without its prior written approval;
11. 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.
Violation of Probation Condition
1. Fact finding investigation order of the court to the Chief
Probation and Parole Officer
2. The PPO prepare and submit violation report to the Chief
Probation and Parole Officer
3. Filing of violation report to the trial court
4. Arrest of erring probationer (WOA)
5. Hearing of violation in the court (summary in nature)
6. Disposition of probation either revocation, continuation or
modification
Modifications of Conditions For Probation
✓ at any time during supervision
✓ after summary hearing when the probationer violated any of
its conditions
✓ upon application by the probation officer or the probationer
himself.

Note: only the judge who heard and decided the case has the
power to grant, deny, modify, revoke and terminate probation.
Absconding petitioner
➢ a convicted defendant whose application for probation has been
given due course by the court but fails to report to the
probation office or cannot be located within a reasonable
period of time.
Absconding probationer
➢ a person whose probation was granted but failed to report for
supervision or fails to continue reporting for supervision or
whose whereabouts are unknown for a reasonable period of
time.
 Outside Travel of Probationer (OLD)
Section 41 of Parole and Probation Administration Omnibus Rules on
Probation Methods and Procedure. Purpose. Outside Travel. –
a. A Probation Officer may authorize a probationer to travel outside his area of
operational/territorial jurisdiction for a period of more than ten (10) days but not
exceeding thirty (30) days.
b. A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five
(5) days before the intended travel schedule a Request for Outside Travel (PPA
Form 7) with said Office properly recommended by the Supervising Probation
Officer on case and approved by the CPPO.
c. If the requested outside travel is for more than thirty (30) days, said request
shall be recommended by the CPPO and submitted to the Trial Court for
approval.
d. Outside travel for a cumulative duration of more than thirty (30) days within
a period of six (6) months shall be considered as a courtesy supervision.
SEC. 43 - Outside Travel of Probationer (NEW)
a) The SO may authorize a probationer to travel outside his/her
area of operation/territorial jurisdiction for a period of not more
than ten (10) days. However, if it exceeds 10 days but not more than
thirty (30) days, approval of the CPPO is required. Accordingly, a
Request for Outside Travel (PPA Form 7) with said Office, properly
recommended by the SO, should be duly accomplished.

b) If the requested outside travel is for more than thirty (30) days said
request shall be recommended by the CPPO and submitted to the
Trial Court for approval.

c) Outside travel for a cumulative duration of more than thirty (30)

days within a period of six (6) months shall be considered as a
courtesy supervision.
Early Discharge and Termination
The following probationers may be recommended for the early
termination of their probation period:
1. Those who are suffering from serious physical and/or mental
disability such as deaf- mute, the lepers, the crippled, the blind, the
senile, the bed-ridden, and the like;

2. Those who do not need further supervision.

Provided, That the probationers involved have already served one-
third (1/3) of the imposed period of probation: and provided further,
that, in no case shall the actual supervision period be less than six (6)
months.
.
 3. Those who have:
a. To travel abroad due to any of the following:
i. An approved overseas job contract or any other similar documents; or
ii. An approved application for scholarship,
iii. observation tour or study grant for a period not less than six (6)
months; or
iv. An approved application for immigration.
v. An approved application to take the Bar and Board Examinations.
b. To render public service
i. Having been elected to any public office; or
ii. Having been appointed to any public office

Provided, however, That the probationers involved have fully paid their civil liabilities, if
any. And, that the probationers were not convicted for offenses involving moral
turpitude.
TERMINATION OF THE PROBATION
SECTION 65. Grounds. — The probation supervision period may be terminated on any of the
following grounds:
a) Successful completion of probation;
b) Probation revocation
c) Death of the probationer;
d) Early termination of probation; or
e) 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.

SECTION 66. Termination Report. — The Probation Office shall submit to the Trial Court a
Probation Officer's Final Report (PPA Form 9) five (5) days before the expiration of the
period of probation embodying, among others, the following:
a) Brief personal circumstances of the probationer;
b) Brief criminal circumstances about his/her case (i.e. criminal case number, court branch,
period of probation, initial and last date of probation);
c) Prescribed probation treatment and supervision program;
d) Probationer's response to the treatment plan/program;
e) Recommendation to discharge the probationer from probation, and the restoration of all
his/her civil rights; and
f) Such other relevant and material facts and information.
SECTION 67. Final Discharge. — After expiration of the original or
extended probation period and based on due consideration of the POs
final report, the Trial Court may order the final discharge of the
probationer upon finding that he/she has fulfilled the probation terms
and conditions and, thereupon, the probation supervision case is
deemed terminated.
SECTION 68. Legal Effects of Final Discharge: Termination Order.
—
(a) Upon satisfactory compliance with the terms and conditions of
probation, the probationer is entitled to a final discharge from probation
by the court. His/her final discharge shall operate to restore all civil
and political rights lost or suspended as a result of conviction, and to
totally extinguish his/her criminal liability as to the offense for
which probation was granted.

(b) The probationer and the probation office shall be promptly furnished
with copies of such final discharge or termination order.
Period of Probation and its Implication (Sec. 14 Of PD 968)
If the convict is sentenced to a term of imprisonment of

a. NOT MORE THAN ONE (1) year, the period of probation shall NOT
EXCEED TWO (2) YEARS.
In all cases, if he is sentenced to
b. MORE THAN ONE(1) YEAR, said period SHALL NOT EXCEED SIX
(6) YEARS.
When the sentence imposes a FINE ONLY and the offender is made
to SERVE SUBSIDIARY IMPRISONMENT in case of insolvency, the
period of probation shall NOT BE LESS THAN NOR TWICE the total
number of days of subsidiary imprisonment as computed at the rate
established by the RPC Art. 39.
PAROLE
➢ It is the process of suspending the sentence of a convict after
having served the minimum of his sentence without granting
him pardon, and the prescribing term upon which the sentence
shall be suspended.
➢ It is the release from imprisonment, but without full
restoration of liberty, as parolee is in custody of the law
although not in confinement.
➢ refers to the conditional release of an offender from a
correctional institution after he has served the minimum of his
prison sentence (Legal Definition)
➢ French word “PAROLE D’ HONEUR” meaning “Word of
Honor”.
Development of Parole
Alexander Maconochie
➢ He is the Superintendent of the penal colony at Norfolk Island in
Australia (1840) who introduced the Mark System that became the
blueprint of modern day parole.
➢ He is considered as the father of modern penology.
Mark System
➢ A progressive humane system in which a prisoner is required to earn a
number of marks based on proper department, labor and study in order to
entitle him for ticket for leave or conditional release which is similar to
parole.
✓ Prisoners who earned a required number of marks are given a ticket of leave
which is equivalent to parole.
✓ Fair disciplinary trial, built churches, distribute book and allowed play to be
staged, permitted prisoners to find small garden and rehabilitation system.
Development of Parole
Walter Crofton
He is the director of the Irish Prison in 1854 who introduced the Irish
system that was modified from the Macanochie’s mark system.
Irish System (forerunner of the American parole system) involved four
(4) stages:
1. beginning with nine (9) months of solitary confinement
2. Assigned to public works at Spike Island. The prisoner worked his
promotion through a series of the grades according to a mark system;
3. The prisoner without custodial supervision was exposed to ordinary
temptations of freedom; and
4. The release on supervision under conditions equivalent to present
day parole.
Development of Parole
1837
➢ First Parole Law was passed in Massachusetts.
➢ At the same time Captain Machanochie, In charge of the English
Penal Colony in Norfolk Island, Australia, introduce a system
whereby a prisoner was given a “TICKET OF LEAVE” (the
equivalent of parole) after earning a certain required number of
marks.
Development of Parole
DR. S.G. HOWE OF BOSTON
➢ First man to use the word “PAROLE”.
➢ He used the word in a letter to the Prison Association of New
York in 1869, after some American Prison Reforms who
observed that the Irish Prison System paved the way for the
approval of the law --- creating Elmira Reformatory.
Development of Parole
Zebulon Brockway
➢ First Superintendent of Elmira Reformatory in New York
➢ He introduced training school type, education for prisoners,
solitary confinement for night and congregate workshop were
adopted, extensive use of parole and indeterminate sentence.
➢ The Elmira Reformatory (1876 in Elmira, NY) First reformatory and
considered as the forerunner of modern penology because it
had all the elements of a modern system.
Parole in the Philippines
Act No. 4103 (ISLAW)
➢ as amended by Act No. 4203 and Act No. 4225
➢ is the Indeterminate Sentence Law, which took effect on 5 December
1933 and currently still enforceable. This law is responsible for the
establishment of the parole system in the Philippines and the Board of
Pardons and Parole, which is tasked to administer the parole system.
▪ E.O 83 Series of 1937
✓ Change “Board of indeterminate sentence” to Board of Pardons
✓ Has the power to assist and recommend to president in granting executive
clemency
▪ E.O 94 Series of 1947 “The Reorganization Law of 1947”
✓ Renamed to Board of Pardons and Parole
Constitutional and Statutory Mandate
➢ The Board is the administrative arm of the President of the
Philippines in the exercise of the constitutional power to grant,
except in cases of impeachment, pardon, reprieve and
amnesty after conviction by final judgment.
➢ The Indeterminate Sentence Law of 1933 was further amended by
RA 4203 which provided the qualifications, term of office,
composition and compensation of the Board members on June
19, 1965.
Composition of the BPP
Sec. 3, Act 4103 BAR MEMBER
✓ 1 Chairman (DOJ Secretary) SOCIOLOGIST
TRAINED IN CORRECTION
✓ 4 members RETIRED JUDICIARY (NEW)
E.O 1007, Series of January 31, 1985 ADMINISTRATOR OF PPA
CLERGYMAN
✓ 1 Chairman (DOJ Secretary) EDUCATOR
✓ 4 plus 2 members. (6 members)
At least one member of the board shall be
E.O 154, Series of December 11, 2002 a woman
✓ 1 Chairman ✓ Appointed by the President for 6 years

✓ 6 members (one of them is administrator of PPA as an ex officio

member)
E.O 868, Series of 2010
1 Chairman (undersecretary)
7 members (assistant secretary)
Board of Pardons and Parole
➢ The Board of Pardons and Parole was created pursuant to Act
No. 4103, as amended. It is the intent of the law to uplift and
redeem valuable human material to economic usefulness and
to prevent unnecessary and excessive deprivation of personal
liberty.
➢ It grants parole and recommends to the President the grant of
any form of executive clemency to deserving prisoners or
individuals.
➢ It reviews reports submitted by the Parole and Probation
Administration (PPA) and make necessary decisions
➢ It is a functional unit under the Department of Justice.
Duties of the Board:
a. Look into the physical, mental and moral record of prisoners
who are eligible for parole and determines the prescriptive period
of their release;
b. Publication of names of Prisoners being considered for parole;
c. Notify the offended party;
d. Review cases of prisoners eligible for parole or executive
clemency; and
e. Issue referral to the Parole and Probation Administration.
Eligibility for Review:
1. His conviction is final and executory;
2. He has served the minimum period of the sentence imposed
upon him.
Disqualifications:
a. Those convicted of an offense punished with Death penalty, Reclusion
Perpetua or Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or
espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup
d'etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the
terms thereof;
h. those whose maximum term of imprisonment does not exceed one (1)
year or those with definite sentence;
i. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
PAROLE
PAROLE
Administrative function exercised by the
executive branch of the government
(executive
function)
Granted to a prisoner only after he has serve
the minimum of his sentence.
It is an extension of institutional. It is a
conditional release of a prisoner whereby he is
placed under the supervision of a Parole
Officer after serving his minimum sentence.
Granted by BPP
vs PROBATION
PROBATION
It is a judicial function exercise by the courts.
Granted to an offender immediately after
conviction.
It is substitute for imprisonment. Probation is an
alternative to imprisonment. Instead of being
confined in prison, the probationer is released to
the community by the court with conditions to
follow and is placed under the supervision
of PO.
Granted by the court
PAROLE vs PROBATION
PAROLE PROBATION

Parolee Probationer

Parolee supervised by PPO Probationer supervise by PPO

It is granted more than once, depending on good Probation is enjoyed only once
behavior during imprisonment

Convict must serve his minimum sentence before Probation is a community-based approach to
the grant reformation of offenders.
 BPP vs PPA
BPP PPA

UNDER THE DEPARTMENT OF JUSTICE UNDER THE DEPARTMENT OF JUSTICE

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

READ THE REPORTS OF PPA CONDUCTS PSI & SUPERVISION

APPROVES & REVOKES PAROLE SUBMITS REPORT TO COURT AND BPP

RECOMMENDS EXECUTIVE CLEMENCIES RECOMMENDS THE REVOCATION OF

TO THE PRESIDENT PAROLE AND PROBATION
Parole Investigation Process
➢ Process starts upon receipt of the Board of Prison records and
CARPETA of national prisoners, (confirmed in national penal
farms and colonies) from the Director of Prisons.
✓ The Director of Prisons has the responsibility to forward the document
to the Board of Pardons and Parole, 30 days before the expiration of
the prisoner’s minimum sentence.
✓ Municipal, City, District and Provincial Jail Wardens have the
obligation to transmit to the Director of Prisons all pertinent records of
prisoners in jails 30 days before the expiration of such prisoner’s
minimum sentence.
✓ The Director of Prisons shall submit to the Board for its consideration within 15
days after receipt of a forestated records.
▪ At any time, prisoners or any person in their behalf can file a petition for parole
and executive clemency in view of the fact that NOT ALL prison records and
Carpetas of qualified national, provincial, district, municipal and city prisoners
are transmitted to the concerned authorities within the reglementary period.
Parole Investigation Process
If the petitioner’s application is considered, the Board will issue
a Referral, requesting the Parole and Probation Administration
to conduct the following within 30 days upon receipt thereof:
a. Conduct pre-parole investigation
b. Submit pre-parole investigation report
Upon receipt of said reports, the Board shall assess and
determines whether the petitioner is qualified for parole. If the
offender deserves to enjoy the benefits of being placed on
parole. “Release Document” or specifically known as “Discharge
on Parole” will be issued for prisoner’s temporary liberty.
Parole Investigation Process
Petition for Parole/Executive Clemency filed by convicted aliens who are serving
sentence in the Philippines are referred for comment and recommendation to the
Secretary of Foreign Affairs who shall determine in so far as it is valid and
legitimate the grant of executive clemency to a foreigner should be done. The basis
of its approval shall be “Quid Pro Quo” or “something to something”.

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. chanroblespublishingcompany
SEC. 12. Transmittal of Carpeta and Prison Record
➢ In executive clemency/parole cases, the Director or Warden
concerned shall forward the prison record and carpeta of a
petitioner at least one (1) month prior to the eligibility for
review as specified in Sections 10 and 13 of these Rules.
➢ The Director or Warden concerned shall also furnish the
Board and the Administration on or before the fifth day of
every month, a list of prisoners whose minimum sentences
will expire within ninety (90) days and those who may be
considered for executive clemency.
SEC. 21. Factors to be Considered in Petition for
Conditional Pardon, Commutation of Sentence or Parole
a. the age of the petitioner, the gravity of the offense and the
manner in which it was committed, and the institutional behavior
or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon
release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old,
seriously ill or suffering from a physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his
family and friends, or the community in general, the possibility of
retaliation by the victim, his family and friends.
SEC. 22. Special Factors
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute,
a leper, a cripple or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a
government physician;
e. those prisoners recommended for the grant of executive clemency by
the trial/appellate court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between
nations necessitate review;
g. circumstances which show that his continued imprisonment will be
inhuman or will pose a grave danger to the life of the prisoner or his co-
inmates; and,
h. such other similar or analogous circumstances whenever the interest of
justice will be served thereby.
SEC. 25. Board Action
➢ A majority of the members of the Board, constituting a quorum,
shall be necessary to recommend the grant of executive clemency or
to grant parole; to modify any of the terms and conditions
appearing in a Release Document; to order the arrest and
recommitment of a parolee/pardonee; and to issue certificate of
Final Release and Discharge to a parolee/pardonee.
➢ The minutes of the meeting of the Board shall show the votes of its
individual members and the reason or reasons for voting against
any matter presented for the approval of the Board. Any dissent
from the majority opinion to grant or deny parole shall be reduced
in writing and shall form part of the records of the proceedings.
Executive Clemency/Parole of An Alien
➢ Petition for Parole/Executive Clemency filed by convicted
aliens who are serving sentence in the Philippines are referred
for comment and recommendation to the Secretary of Foreign
Affairs who shall determine in so far as it is valid and
legitimate the grant of executive clemency to a foreigner
should be done. The basis of its approval shall be “Quid Pro
Quo” or “something to something”.
➢ The Board may recommend the grant of executive clemency or
grant parole to a prisoner who is an alien. In such a case, the
alien who is released on parole or pardon shall be referred to
the Bureau of Immigration for disposition, documentation
and appropriate action.
Sec. 14. Grant of Parole
A prisoner may be granted parole whenever the Board finds that
there is a reasonable probability that if released, he will be law-
abiding and that his release will not be incompatible with the
interest and welfare
SEC. 42. Cancellation of Pardon/Parole
➢ The Board may recommend the cancellation of the pardon or
cancel the grant of parole of a client if it finds that material
information given by said client to the Board, either before or
after release, was false, or incomplete or that the client had
willfully or maliciously concealed material information from the
Board.
Parole Supervision
SEC. 28. Form of Release Document - The form of the Release
Document shall be prescribed by the Board and shall contain the
latest “1x1" photograph and right thumbprint of the prisoner.

Probation
➢ Sec. 6. Form of Investigation Report. — The investigation report to be
submitted by the probation officer under Section 5 hereof shall be in the
form prescribed by the Probation Administrator and approved by the
Secretary of Justice.
SEC. 30. Initial Report
➢ Within the period prescribed in his Release Document, the
prisoner shall present himself to the Probation and Parole
Officer specified in the Release Document for supervision.

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

SEC. 41. Effect of Recommitment of Client

➢ The client who is recommitted to prison by the Board shall be
made to serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.
SEC. 43. Review of Case of Recommitted Parolee
➢ The Board may consider the case of a recommitted parolee for
the grant of a new parole after the latter shall have served one-
fourth (1/4) of the unserved portion of his maximum sentence.
Termination of Parole
SEC. 44. Certificate of Final Release and Discharge
➢ After the expiration of the maximum sentence of a client, the Board
shall, upon the recommendation of the Chief Probation and Parole
Officer that the client has substantially complied with all the
conditions of his parole/pardon, issue a certificate of Final Release and
Discharge to a parolee or pardonee.
➢ However, even before the expiration of maximum sentence and upon
the recommendation of the Chief Probation and Parole Officer, the
Board may issue a certificate of Final Release and Discharge to a
parolee/pardonee pursuant to the provisions of Section 6 of Act No.
4103, as amended.
➢ The clearances from the police, court, prosecutor's office and barangay
officials shall be attached to the Summary Report.
Summary Report
➢ It refers to the final report submitted by the Probation and Parole Officer on
his supervision of a parolee/pardonee as basis for the latter’s final release
and discharge.
Sec. 45.
Effect of Certificate of Final Release and Discharge
➢ Upon the issuance of a certificate of Final Release and Discharge,
the parolee/pardonee shall be finally released and discharged
from the conditions appearing in his release document.
However, the accessory penalties of the law which have not been
expressly remitted therein shall subsist.
SEC. 46.
Transmittal of Certificate of Final Release and Discharge
➢ The Board shall forward a certified true copy of the certificate of
Final Release and Discharge to the Court which sentenced the
released client, the Probation and Parole Officer who has
supervision over him, the client, the Bureau of Corrections, the
National Bureau of Investigation, the Philippine National Police
and the Office of the President.
PREVENTIVE IMPRISONMENT
1. Art. 29 of RPC
➢ RA 6127 also known as The Full Time Credit
a.) "If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall be credited
in the service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.“
b.) If the detention prisoner agree with the rules in writing that he will
be treated like regular convicted inmate, he will be given credited
whole/full during which he has undergone [preventive imprisonment.
PERSONS THAT ARE EXCLUDED FOR THE COVERAGE OF THIS ACT
ARE THE FOLLOWING:
a. Recidivist
b. Habitual delinquent
c. Escapees; and
d. Those charge of an offense considered as heinous crimes

BATAS PAMBANSA Blg. 85

➢ An Act Authorizing the Release of Any Offender or Accused Who Has
Undergone Preventive Imprisonment Equal to or More Than the Possible
Maximum Imprisonment to Which He May be Sentenced by Amending
the Revised Penal Code
➢ Approved: September 20, 1980
OLD GCTA LAW ART 97. RPC
1) 1st 2 year – 5 days per month
2) 3rd – 5th year – 8 days per month
3) 6th – 10th year – 10 days per month
4) 11th – succeeding years – 15 days per month
Granted only by the director of BUCOR to a convicted inmate & cannot be applied in BJMP.
Act No. 2489
➢ otherwise known as the Industrial Good Time Law
➢ provides that when a prisoner has been classified as TRUSTY OR PENAL COLONISTS, he
is given an additional 5 days’ time allowance for every month of service.
➢ A prisoner serving life sentence has his sentence automatically reduced to 30 years of
imprisonment upon attaining the classification of trusty or penal colonists
▪ The abovementioned privilege will not apply if,
✓ When they are recidivists, or have been convicted previously twice or more times of any
crime; and
✓ When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
RA 10592 New GCTA Law
1. 1st to 2nd year = 20 days / month
2. 3rd to 5th year = 23 days / month
3. 6th to 10th year = 25 days / month
4. 11th and above = 30 days / month
✓ 15 days / month for study, teaching and mentoring
➢ May be granted by the Director of BJMP, Director of BuCor and
Provincial, City and Municipal Jail Wardens and can now be
granted even to a detainee while undergoing trial.
➢ Disqualified
 Recidivist, quasi-recidivist and habitual delinquents
 Failed to surrender voluntarily after being summoned to the
execution of the sentence
 Persons charged with heinous crimes
Special Time Allowance For Loyalty (STAL)
ART. 98 – deduction of 1/5 if the convict voluntarily
surrendered within 48 hours after the declaration of passing of
calamities or conflagration or even man-made crisis.
Art 158 – Evasion of Service of Sentence
➢ due to failure to return within 48 hours after passing of calamity
or disorder. Surrendered after 48 hours shall also be charged
with Art. 158 but must be given the mitigating circumstance
of voluntary surrender.
RA 10592 – deduction of 2/5 if the inmate stayed while disaster is
present.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
Executive Clemency
➢ Is a disposition of the President to show mercy, especially
toward an offender or enemy. It is granted for the purpose of
relieving the harshness of the law or correcting mistakes in the
administration of justice.
➢ under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted
individual.
➢ In the United States, clemency is granted by a governor for state
crimes and by a president for federal crimes.
➢ Clemency can take one of four forms:
✓ Reprieve, Commutation of Sentence, Pardon and Amnesty.
Constitutional Basis:
ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
➢ Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations,
and pardons, and remit fines and forfeitures, after conviction by
final judgment. He shall also have the power to grant amnesty with
the concurrence of a majority of all the Members of the Congress.

Section 5, Article IX
➢ (Constitutional Commissions- The Commission on Elections)
➢ No pardon, amnesty, parole, or suspension of sentence for violation
of election rules, and regulations shall be granted by the President
without a favorable recommendation of the Commission.
Executive Clemency
Why it is Extended?
➢ In general, Executive Clemency is often extended for
humanitarian reasons, such as to an aged and ill inmate who
needs specialized medical care. Inmates who suffer from
serious, contagious, or life threatening illness or disease and
those prisoners with severe disability can now be
recommended for executive clemency.
▪ It is also extended in the following instances:
a. When there is real doubt about the guilt of the party.
b. When the sentence given is Apparently excessive
c. When the party is a political or personal friend of the President.
d. To clear the record of some who has demonstrated rehabilitation or
public service.
Referral of Petition For Executive Clemency/Parole To
Other Government Agencies
a. Secretary of National Defense - If the crime committed by the
petitioner is against national security or public order or law of
nations.
b. Commission on Elections - In case of violation of election
laws, rules and regulations.
c. Department of Foreign Affairs - In case of an alien.
 Pardon
➢ It is a form of Executive Clemency which is exercised by Chief
Executive. It is an act of Grace and the recipient is not entitled to
it as a matter of right. It is discretionary and not subject to
review by the judiciary.
➢ It dates back to the pre-Christian Era. It was applied to members
of the Royal Family who committed crimes and occasionally to
those convicted of offenses against the royal power. In England it
was usually an exclusive power of the king but there were times
that were extended to the Queens upon advised of the Minister
of the Interior.
➢ It is highly political in nature and is usually granted in response
to popular clamor (noise) or to aid in the return to normalcy of a
political situation that might affect the country if not addresses.
History of Pardon
England
➢ Pardon was developed out of the conflict between the King and
the Nobles who threatened their powers.
➢ Pardon was applied to members of the Royal family who
committed crimes and occasionally to those convicted of offenses
against the royal power. It was the general view that the
pardoning power was the exclusive prerogative of the King.
➢ In England today the power to extend pardon is vested in the
Queen upon advice of the Minister of the Interior.
History of Pardon
United States
➢ Pardoning among the early American colonists was a carry-over
of the English practice.
➢ The pardoning power was exercised by the Royal governor
through the power delegated by the King.
➢ After the declaration of Independence, the Federal and State
constitutions vested the pardoning power on the President of the
United States and the Governor in federal and state cases,
respectively.
History of Pardon
Philippines
➢ The Jone’s Law Section 21 stated that “the Governor General
of the Philippine Islands is vested with the power to grant
pardons and reprieves and remit fines and forfeiture”.
➢ The pardoning power was vested in the Prime Minister by
Article IX, Section 14 of the Philippine Constitution which
states: “The Prime Minister shall have the power to grant
reprieves, commutations, and pardons, and remit fine and
forfeitures, after convictions for all offenses, except cases of
impeachment, upon such conditions and with such
restrictions and limitations as he may deem proper to impose.
He shall have the power to grant amnesty with the
concurrence of the Congress.”
Kinds of Pardon
Absolute Pardon
➢ the extinction of the criminal liability of the individual to whom it is
granted without any condition and restores to the individual his civil
rights.
✓ The purposes of this kind of pardon are
a. To do away with the miscarriage of justice.
b. To keep punishment abreast with the current philosophy, concept or
practice of criminal justice administration.
c. To restore full political and civil rights of persons who have already
served their sentence and have waited the prescribed period.
✓ From 10 years it became 5 years - period is required to give the offender an
opportunity to demonstrate that he has established a new pattern of
conduct.
CRISTOBAL VS LABRADOR
➢ The case where the supreme court laid down the doctrine that absolute
pardon removes all that is left of the consequences of conviction
and that it is absolute in so far it restores the pardonee his full civil
political rights.
Kinds of Pardon
Conditional Pardon
➢ The extinction of the criminal liability of an individual, within
certain limits or conditions, from the punishment which the
law inflicts for the offense he has committed.
➢ Conditional Pardon serves the purpose of releasing, through
executive clemency, a prisoner who is already reformed or
rehabilitated but who cannot be paroled because the
parole law does not apply to him. Thus, a prisoner serving a
determinate sentence or life imprisonment is excluded from
the benefits of the parole law.
➢ However, when this prisoner has already been reformed, he
may be released on conditional pardon.
Effects of Pardon
1) It removes penalties and disabilities and restores full civil and
political rights;
2) It does not discharge the civil liability of the convict to the
individual he has wronged as the President has no power to
pardon a private wrong;
3) It does not restore offices, property or rights vested in others
in consequence of the conviction. Under our law, a pardon shall
not work the restoration of the right to hold public office or the
right of suffrage unless such rights be expressly restored by the
terms of the pardon.
 Limitations /Disqualification upon The Pardoning Power

1) It may not be exercised in impeachment cases;

2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) In case of violation of election law or rules and regulations, no pardon,
parole or suspension of sentence may be granted without the
recommendation of the Commission on Elections;
5) It may not be exercised during pendency of case or trial or during appeal.
6) Violation of Art. 157 – evasion of service of sentence for 1 year from the
time of recommitment; and
7) It cannot be exercised in cases of violations of tax laws.
✓ Cases pending trial or on appeal are still within the exclusive jurisdiction of
the courts; hence, pursuant to the theory of separation of powers, the Chief
Executive has no jurisdiction over the accused.
Eligibility For Conditional Pardon
He must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison
sentence:
✓ at least two (2) years of the minimum sentence if convicted of Murder or
Parricide but not sentenced to Reclusion Perpetua
✓ at least one (1) year of the minimum sentence if convicted of Homicide;
✓ at least nine (9) months if convicted of Frustrated Homicide;
✓ and at least six (6) months if convicted of Attempted Homicide.
However, in the case of a prisoner who is convicted of a heinous
crime as defined in Republic Act No. 7659 and other special laws, he
shall have served at least one-half (1/2) of the maximum of his
original indeterminate sentence before his case may be reviewed
for conditional pardon.
Some Guides In Pardon Selection
a. The political, organizational or religious affiliation of the
prisoner should be disregarded.
b. Due regard should be given to the attitude of the people in
the community from which he was sentenced.
c. The judicial history of the case should be carefully
investigated.
d. The background of the prisoner before he was committed to
prison – social, economic, psychological and emotional
backgrounds – should be carefully investigated.
Conditional Pardon vs Parole
✓ Purpose of conditional pardon and parole is the same
✓ Both releases are subject to the same set of conditions will subject
the parolee or pardonee to be recommitted to prison.
✓ The only difference between the two is the granting authority.
In parole the granting authority is the Board of Pardons and
Parole, while in conditional pardon, the granting authority is the
President.
Commutation of Sentence
✓ Reduction or lowering, shortening of sentence
✓ an executive clemency changing a heavier sentence to a less
serious one, or a longer prison term to a shorter one
✓ granted by the president with the recommendation of the BPP
✓ granted after conviction but do not erase the fact of conviction of
the person
✓ granted with condition of maintaining good behavior
Eligibility For Commutation Of Sentence
He must have served at least one third (1/3) of the minimum
of his indeterminate sentence or the following portions of his
prison sentence consisting of Reclusion Perpetua
✓ at least ten (10) years if convicted of Robbery with Homicide,
Robbery with Rape, or Kidnapping with Murder
✓ at least eight (8) years if convicted of Simple Murder, Parricide,
Rape or Violation of anti-drug laws
✓ at least twelve (12) years if given two or more sentences of
Reclusion Perpetua
✓ at least twenty (20) years in case of two (2) sentences for
Reclusion Perpetua, provided that at least one (1) of the
sentences had been automatically commuted from a death
sentence
Reprieve
➢ refers to the deferment of the implementation of the sentence
for an interval of time; it does not annul the sentence but
merely postpones or suspends its execution. The
postponement / withholding or temporary stay of the
execution of a death sentence
➢ Reprieve is a temporary stay of the execution of the sentence.
Like pardon, the President can only exercise reprieve when the
sentence has become final. Generally, reprieve is extended to
death penalty prisoners. The date of the execution of sentence
is set back several days to enable the Chief Executive to study
the petition of the condemned man for commutation of
sentence or pardon.
When a Death Sentence May be Suspended?
Death sentence shall be suspended when the accused is:
1. A woman, while pregnant;
2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a
person over 70 years old is necessary to give the President time to
act because only the President can reduce the sentence.
5. In cases wherein, a convicted prisoner became insane before the
actual date of execution.
Amnesty
➢ an act of the sovereign power granting oblivion or general
pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political
character, such as treason, sedition or rebellion
➢ from the Greek stem amnestia, meaning to forget,
➢ Also known as General Pardon or Blanket Pardon
➢ The purpose is to hasten a country’s return to political
normalcy by putting behind it the animosities of the past
through a pardon that will open the door to living normal lives
for groups of people targeted by amnesty.
 History of Amnesty
USA
➢ President Harry S. Truman issued two Presidential proclamations
granting amnesty to groups of unnamed persons who were anti-war
activists who opposes the involvement of the U.S in two wars.
✓ 1st was in 1945 after World War II
✓ 2nd is after Korean War in 1952

Philippines
➢ Presidential proclamation no. 51 by President Manuel Roxas
✓ For those who collaborated with the Japanese during WWII

➢ Presidential proclamation no. 76 by Elpidio Quirino

✓ For those members of HUKBALAHAP and Pambansang Kaisahan ng Mga
Mambubukid (PKM) an organization of peasants fighting for agrarian reform
and is part of the communist underground movement
Disqualification for Amnesty
1. Proclamation No. 75 made clear that the amnesty "shall not
cover rape, acts of torture, crimes against chastity and other
crimes committed for personal ends."
✓ should have an "express admission" of participation and guilt,
and a "recantation of all previous statements" that are not
consistent with the admission.
2. Cannot also be granted in cases of impeachment
3. Cannot be applied to cases of violation of election laws
without favorable recommendation from the COMELEC
4. Cannot be granted in cases of RA 9745 or anti torture law.
5. Cannot be extended to cases of civil and legislative contempt.
 -END-

THANK YOU FOR LISTENING

FUTURE CRIMINOLOGIST!!!
QUESTION
AND
ANSWER
A probationer is allowed to do the following EXCEPT,

a. Stay away from bad associates

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

a. Stay away from bad associates

b. Work regularly to support his family
c. Make periodic report
d. Go and play in a gambling den
John is previously granted to the Child Probation Law, can he be
eligible for the Adult Probation Law?
a. Yes
b. No
c. True
d. False
John is previously granted to the Child Probation Law, can he be
eligible for the Adult Probation Law?
a. Yes
b. No
c. True
d. False
Who among the following may have his penalty suspended under
PD 603?

a. Pedro who is 19 years old

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

a. Pedro who is 19 years old

b. Juan who is 20 years old
c. Pablo who is 10 years old
d. 25 years old Pablo
Ryan is under probation and his sentence is one(1) year and one(1)
day, how long he will put into probation?
a. 1 year
b. 2 years
c. 4 years
d. 6 years
Ryan is under probation and his sentence is one(1) year and one(1)
day, how long he will put into probation?
a. 1 year
b. 2 years
c. 4 years
d. 6 years
Mr. A is incarcerated in NBP and sentenced for 10 years for the
crime he had committed, unfortunately there is a strong typoon
named oddette was hit the said prison, Mr. A did not do any
action and just stay inside the said prison.
a. His original sentence will be deducted into two fifth
b. His original sentence will be deducted into one fifth
c. His original sentence will be added into one fifth
d. Answer not given
Mr. A is incarcerated in NBP and sentenced for 10 years for the
crime he had committed, unfortunately there is a strong typoon
named oddete was hit the said prison, Mr. A did not do any action
and just stay inside the said prison.
a. His original sentence will be deducted into two fifth
b. His original sentence will be deducted into one fifth
c. His original sentence will be added into one fifth
d. Answer not given
Justine is already 4 years in prison with good behavior at all times,
how many days will be deducted to his sentence per month in
relation to GCTA of the RPC?
a. 5
b. 8
c. 20
d. 23
Justine is already 4 years in prison with good behavior at all times,
how many days will be deducted to his sentence per month in
relation to GCTA of the RPC?
a. 5
b. 8
c. 20
d. 23
A judicial action or legal disposition that allows the offender to
remain in the community subject to the conditions imposed by the
court.

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

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

a. Board of Pardon and Parole

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

a. Board of Pardon and Parole

b. National Police Commission
c. Department of Social Welfare and Development
d. National Bureau of Investigation
The judge’s bases of the grant of probation relies on the report of,

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

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

Certificate of final discharge

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

Certificate of final discharge

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

No, because his crime is theft

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

No, because his crime is theft

No, because he is only 17 years old
No, because he is entitled for parole
No, because he is convicted of a crime
A minimum and maximum amount of time to be served in prison
is referred to as ________.

A determinate sentence
A corporal punishment
A Indeterminate sentence
A capital punishment
A minimum and maximum amount of time to be served in prison
is referred to as ________.

A determinate sentence
A corporal punishment
A Indeterminate sentence
A capital punishment
He introduced the worldwide mark system in prison.

Manuel Montesimos
Walter Crofton
Alexander Macanochie
Zebulon Brockway
He introduced the worldwide mark system in prison.

Manuel Montesimos
Walter Crofton
Alexander Macanochie
Zebulon Brockway
 Granted by the Chief Executive without any conditions attached
which serves to wipe away the guilt of pardonee and makes him
innocent as if he has not committed a crime.

Pardon
Absolute Pardon
Conditional Pardon
Parole
 Granted by the Chief Executive without any conditions attached
which serves to wipe away the guilt of pardonee and makes him
innocent as if he has not committed a crime.

Pardon
Absolute Pardon
Conditional Pardon
Parole
He is considered as Father of Probation in England.
a. John Augustos
b. Fr. Rufus Cook
c. Matthew Davenport Hill
d. Teodolo C. Natividad
He is considered as Father of Probation in England.
a. John Augustos
b. Fr. Fufus Cook
c. Matthew Davenport Hill
d. Teodolo C. Natividad
It is the first probation law of the Philippines.
a. Act no. 4103
b. Act no. 4221
c. PD 968
d. RA 10707
It is the first probation law of the Philippines.
a. Act no. 4103
b. Act no. 4221
c. PD 968
d. RA 10707
The following the considered as discretionary condition in
probation, except.
a. Cooperate with the program of surpervision
b. Meet his family resposibilies
c. Pursue a prescribed secular study or vocational training
d. Report to the probation officer atleast once a month
The following the considered as discretionary condition in
probation, except.
a. Cooperate with the program of surpervision
b. Meet his family resposibilies
c. Pursue a prescribed secular study or vocational training
d. Report to the probation officer atleast once a month
The Pre-Parole Investigation will be conducted within____.
a. 20 days
b. 30 days
c. 45 days
d. 60 days
The Pre-Parole Investigation will be conducted within____.
a. 20 days
b. 30 days
c. 45 days
d. 60 days
This are the sections in RA 9165 that can apply for probation,
except
a. sec. 12
b. Sec. 13
c. Sec. 14
d. sec. 17
This are the sections in RA 9165 that can apply for probation,
except
a. sec. 12
b. Sec. 13
c. Sec. 14
d. sec. 17
It is reduction of sentence due to good behavior granted by the
president?
a. Reprieve
b. Pardon
c. GCTA
d. Commutation
It is reduction of sentence due to good behavior granted by the
president?
a. Reprieve
b. Pardon
c. GCTA
d. Commutation
What document is necessary for an inmate to be released on
parole?
a. Release document
b. Discharge on parole
c. Both A and B
d. Answer not given
What document is necessary for an inmate to be released on
parole?
a. Release document
b. Discharge on parole
c. Both A and B
d. Answer not given