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NON-INSTITUTIONAL CORRECTION
Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in the community, subject to
conditions imposed by the government. They are either granted Probation, Parole, Conditional Pardon or Recognizance.
Community-based approach to corrections as a way to decongest the prisons involve the Public Attorney’s Office and the
National Prosecution Service effecting the immediate release of detainees either on bail or recognizance and giving priority to the trial
of detainees who cannot be released on bail or recognizance.
It involves the efficient performance of the Boards of Pardons and Parole in the granting of timely release of prisoners and the
effective supervision of released prisoners on parole or conditional pardon and those under probation by the Probation and Parole
Administration. Probation and Parole are two forms of non-institutional or community based corrections.
NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES
The fact that our government is facing severe budgetary crisis does not augur well for the Criminal Justice System most
particularly the Corrections Pillar, which is the last destination of society’s convicted offenders.
With this cramped situation, our foreign lenders will also downgrade our credit rating which has the inverse effect of
increasing our interest rate payments.
The devaluation of the peso will also lead to an increase in the price of imported oil which will in turn force prices of local goods to
increase.
Because of this, tax collections decrease, as what our government is experiencing now while foreign debt payments
increase, and prices of supplies and equipment increase.
Non-institutional corrections refer to that method of correcting sentenced offenders without having to go to prison. The
advantages of this is that it is less costly on the part of government, the offender’s family need not suffer since the offender will not
be sent away from them and he will still be able to go on with his life and livelihood thereby enabling him to support his family. The
community will also be involved so that crime becomes less hard to control.
ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:
1. Family members need not be victims also for the imprisonment of a member because the convict can still continue to support his
family, not to be far away from his children;
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. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-strapped government. An entire
bureaucracy will be eliminated which includes the salaries, benefits and perks of the officers and staff, capital outlays, operating
costs, maintenance of the facilities, subsistence of inmates, and many others.
PROBATION - A term coined by John Augustus, From the Latin verb "probare" - to prove, to test.
The origins of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were imposed on
adults and children alike for offenses that were not always if a serious nature. Sentences such as branding, flogging, mutilation and
execution were common. During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many
of which were minor offenses.
This harshness eventually led to discontent in certain progressive segments of English society concerned with the evolution
of the justice system. Slowly, yet resolutely, in an effort to mitigate these inhumane punishments, a variety of measures were devised
and adopted. 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. Also, benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree of protection from the enactment
of harsh sentences.
Eventually, the courts began the practice of "binding over for good behavior," a form of temporary release during which
offenders could take measures to secure pardons or lesser sentences. Controversially, certain courts in due time began suspending
sentences.
In the United States, particularly in Massachusetts, different practices were being developed. "Security for good behavior,"
also known as good aberrance, was much like modern bail: the accused paid a fee as collateral for good behavior. Filing was also
practiced in cases that did not demand an immediate sentence. Using this procedure, indictments were "laid on file" or held in
abeyance. To mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon minor technicalities or
errors in the proceedings. Although these American practices were genuine precursors to probation, it is the early use of recognizance
and suspended sentence that are directly related to modern probation.
Two names are most closely associated with the founding of probation: Matthew Davenport Hill, an 18th century English
barrister and judge, and John Augustus, a 19th Century Boston boot-maker.
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As a young professional in England, Hill had witnessed the sentencing of youthful offenders to one-day terms on the
condition that they be returned to a parent or guardian who would closely supervise them. When he eventually became the Recorder
of Birmingham, a judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If offenders
demonstrated a promise for rehabilitation, they were placed in the hands of generous guardians who willingly took charge of them.
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.
John Augustus, the "Father of Probation," is recognized as the first true probation officer. Augustus was born in Woburn,
Massachusetts, in 1785. By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business. It was
undoubtedly his membership in the Washington Total Abstinence Society that led him to the Boston courts. Washingtonians abstained
from alcohol themselves and were convinced that abusers of alcohol could be be rehabilitated through understanding, kindness and
sustained moral suasion, rather then through conviction and jail sentences.
In 1841, John Augustus attended police court to bail out a "common drunkard," the first probationer. The offender was
ordered to appear in court three weeks later sentencing. He returned to court a sober man, accompanied by Augustus. To the
astonishment of all in attendance, his appearance and demeanor had dramatically changed,'
Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders helped by Augustus were
alcohol abusers, nor were all prospective probationers taken under his wing. Close attention was paid to evaluating whether or not a
candidate would likely prove to be a successful subject of probation. The offender's character, age and the people, places and things
apt to influence him/her were all considered.
Augustus was subsequently credited with founding Investigations, one of three main concepts of modern probation, the
other two being Intake and Supervision. Augustus, who kept detailed notes on his activities, was also the first to apply the term
"probation" to this process of treating offenders.
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, a remarkable accomplishment when measured against any standard. His reformer's zeal and dogged persistence
won him the opposition of certain segments of Boston society as well as the devotion and aid of many Boston philanthropists and
organizations. The first probation statute, enacted in Massachusetts shortly after this death in 1859, was widely attributed to his
efforts.
Following the passage of that first statute, probation spread gradually throughout the United States and subsequently to
many other countries. The juvenile court movement contributed greatly to the development of probation as a legally recognized
method of dealing with offenders. The first juvenile court was established in Chicago in 1899. Formalization of the concept of Intake
is credited to the founders of the Illinois juvenile court. Soon after, thirty states in turn introduced probation as a part of juvenile
court procedure. Today, all states offer both juvenile and adult probation.
The administrative structure of probation varies widely from state to state. In some states, probation and parole are
combined. There are state-administered probation systems and locally administered systems. In New York, probation is locally
administered under the general supervision of the state.
Probation in New York State had its official beginning in 1901, with the enactment of the first probation in the state. One of
the commission's recommendations in its report to the Legislature resulted in the creation of the New York State Probation
Commission in 1907. Until the late 1920s, this commission coordinated probation work in various parts of the state, encouraging the
statewide development of probation services, the planned and promoted standards of practice, and guidelines for monitoring local
probation services.
In 1917, a State Division of Probation was established within the NYS Department of Corrections, and in 1928 the Office of
the Director of Probation was created. The State's Division of Probation remained within the Department of Corrections until 1970
when it was organized as a separate state agency within the Executive Department. The Director of the NYS Division of Probation
then became a gubernatorial appointee, directly accountable to the governor.
As a result of additional statutory changes, local probation departments, which prior to the early 1970s were responsible to
the judiciary, followed they NYS Division of Probation's lead. In 1974, all local probation directors were made accountable to their
respective chief county officials, or in the case of New York City, the mayor.
In 1984, the Classification/Alternatives Law expanded the authority of the state division. the name was changed to the New
York State Division of Probation and Correctional Alternatives, enhancing the division's ability to foster the development and effective
implementation of local community-based corrections.
HISTORICAL BACKGROUND of Probation in the Philippines
Probation was first introduced in the Philippines during the American colonial period (1898 - 1945) with the enactment of
Act No. 4221 of the Philippine Legislature on 7 August 1935. This law created a Probation Office under the Department of Justice. On
November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the Probation Law
unconstitutional because of some defects in the law's procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the Philippines. This bill
avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. The bill was passed by the House
of Representatives, but was pending in the Senate when Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period
of six months, the draft decree was presented to a selected group of 369 jurists, penologists, civic leaders and social and behavioral
scientists and practitioners. The group overwhelmingly indorsed the establishment of an Adult Probation System in the country.
On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by the
President of the Philippines.
The operationalization of the probation system in 1976-1977 was a massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods and procedures; administrative and procedural manuals were developed;
probation officers recruited and trained, and the central agency and probation field offices organized throughout the country. Fifteen
selected probation officers were sent to U.S.A. for orientation and training in probation administration. Upon their return, they were
assigned to train the newly recruited probation officers.
The probation system started to operate on 3 January 1978. As more probation officers were recruited and trained, more
field offices were opened. There are at present 204 field offices spread all over the country, supervised by 15 regional offices.
PROBATION
PROBATION
- 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
PD 968 - THE PROBATION LAW OF 1976

- approved on 24 July 1976; effectivity date is 3 January 1978
AMENDATORY LAWS TO PD 968
PD 1257 – effectivity date, 01 December 1977; amended the period within which application for probation must be made
BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for qualification for probation
PD 1990 - effectivity date, 15 January 1986; amended BP 76 back to original form and made probation and appeal exclusive
remedies
PROBATIONER
- is a person placed on probation
PROBATION OFFICER (now Probation and Parole Officer)

- is one who investigates for the court a referral for probation or supervises a probationer or both
FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had maintained that a member of the clergy brought to
trial in a King’s Court might be claimed from that jurisdiction by the bishop or chaplain representing him, on the ground that
he, the prisoner, was subject to the authority of the ecclesiastical courts only.
2. JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either before or after judgment; as where the judge is not satisfied
with the verdict, or evidence is suspicious, or indictment is insufficient, or he is doubtful whether the offense be within the
clergy, or sometimes if it be a small felony, or any favorable circumstances appear in the criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)
It originated as a measure of preventive justice, involving the release of the person accused of committing a crime
to the custody of a person of reputable character, who shall have the responsibility of bringing the accused to court
whenever the court requires.
4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals; it later developed as a plan for supplying new colonies
with cheap labor. It was also an attempt to substitute for brutal punishment at home and an opportunity for rehabilitation in
a new country.
IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION
JOHN AUGUSTUS
- “Father of Probation” in the US
MATTHEW DAVENPORT HILL
- is considered as the “Father of Probation” in England

TEODOLO S. NATIVIDAD
- Father of Philippine Probation
Act No. 4221
– the first Probation Law of the Philippines

– this act became effective on August 7, 1935
– the Supreme Court declared this Act unconstitutional on November 16, 1937
In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the following grounds:
a) The said act encroaches upon the pardoning power of the executive
b) That it constitute an undue delegation of legislative power
c) It denies the equal protection of the laws
SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION
1. A more enlightened and humane correctional system;

2. To promote the reformation of offenders;
3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and community-based treatment programs instead of imprisoning them;
5. Limited to offenders who are likely to respond thereto favorably;
6. The method is less costly than confinement.
PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM
1. There is no single cause for delinquent behavior. Human beings are extremely complicated.
2. Delinquent and criminal acts are symptoms a more serious underlying condition.
3. That the individual has the ability to change and to modify his anti-social behavior with the right kind of help.
4. The Central goal of the Probation Administration is to enhance the safety of the community by reducing the incidence of
criminal acts by persons previously convicted.
5. This is of course not to say that probation should be used in all cases, or that it will always produce better results.
6. By the same token, however, it is to say that probation is a good bit more than the “matter of grace” or “leniency” which
characterizes the philosophy of the general public and of many judges and legislators on the subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer recognized.
8. It is generally conceded that probation is a matter of privilege to be granted or refused at the discretion of the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence investigation report (PSIR).
BENEFITS OF PROBATION
a. Probation protects society

1. From the excessive costs of detention
2. From the high rate of recidivism of detained offenders
b. Probation protects the victim

1. It provides restitution
2. It preserves justice
c. Probation protects the family

1. It does not deprive the wife and children of a husband and a father
2. It maintains the unity of the home
d. Probation assists the government

1. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement
e. Probation helps the offender

1. It maintains his earning power
2. It provides rehabilitation in the community
3. It restores his dignity
f. Probation justifies the philosophy of men

1. That life is sacred
2. That all men deserve a second chance
3. That an individual can change
4. That society has a moral obligation to lift the fallen
ADVANTAGES OF PROBATION
a. Probation prevents crime by offering freedom and aid only to those offenders who are not likely to
assault the society again.

b. It protects the society by placing under close supervision non-dangerous offenders while undergoing
treatment and rehabilitation in the community.
c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first time offenders from turning into hardened criminals.
e. It is a measure of cutting enormous expense in maintaining jails.
f. It reduces recidivism and overcrowding in jails and prisons.
g. It reduces the burden on the police forces and institutions of feeding and guarding detainees.
h. It gives the first and light offenders a second chance in life and provides as opportunity for the
reformation of a penitent offender.
i. It makes the offender productive or taxpayers instead of tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that have adopted it.
SUSPENSION OF EXECUTION OF SENTENCE
The court convicts and sentences the defendant but the execution of the sentence, whether it imposes a term of
imprisonment or a fine only, is suspended and the defendant is released on probation.
PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT
Probation is not demandable as a matter of right. It is a privilege. Its grant depends upon the discretion of the court.
NECESSITY OF APPLICATION
Probation may not be granted except upon application of the defendant.
TIME FOR APPLICATION
The law says that the application for probation should be made within the period for perfecting an appeal, or within
fifteen (15) days from promulgation of notice of judgment.
EFFECT ON APPEAL
The filing of application (for probation) shall be deemed a waiver of the right to appeal. In such case the accused cannot,
even by withdrawing his application for probation, reinstate his appeal or right to appeal.
EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL
There is nothing in the Probation Law which indicates that the defendant’s right to move for a reconsideration of the
judgment of conviction, or his right to ask for new trial, is waived or suspended by his application for probation, or that such
application has the effect of an automatic withdrawal of a pending motion for reconsideration or new trial, although there is likewise
nothing in the law which suggests that the filing of the application for probation interrupts the running of the period for
reconsideration or new trial.
FORM OF APPLICATION
The law does not prescribe any particular form and therefore it may be in any form, written or oral. For recording purposes,
however, oral applications should be reduced to writing.
POST SENTENCE INVESTIGATION
The Probation Law provides that “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".
The probation officer shall submit to the court the investigation report on an applicant not later than sixty (60) days
from receipt of the order of the said court to conduct the investigation.
The court shall resolve the petition for probation not later than fifteen (15) days after receipt of said order.
DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR INVESTIGATION

However, there is nothing in the law which requires that such an investigation should be conducted in every case as an
essential condition before the court may deny an application for probation.
COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT SERVING SENTENCE
If there is an application and the defendant does not appear to be disqualified, the court may order such investigation only
after a sentence of conviction by the trial court for the reason that the same would be premature if made prior to said conviction,
considering that the judgment might eventually be an acquittal or, even if it be conviction, the court might find as a fact in its
decision that the defendant is a disqualified offender, in either of which cases the order for investigation would serve no purpose.
POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION
Under our Probation Law, the investigation for probation is a post-sentence, not pre-sentence investigation; meaning that
the investigation is after, not before, the sentence. The sentence referred to is the sentence of the trial court.

SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into the character, antecedents, and environment, mental and physical
condition of the offender, and available institutional and community resources, as well as all other matters bearing the following
questions:
(a) Whether or not the offender is in need of correctional treatment that can be provided most effectively
by his commitment to an institution;
(b) Whether or not there is undue risk that during the period of probation the offender will commit
another crime;
(c) Whether or not probation will depreciate the seriousness of the offense committed.
NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing the right to counsel in the investigation of a petitioner. The constitutional
guarantee of right to counsel will not apply because the investigation by the probation and parole officer is neither prosecutory nor
accusatory in character.
PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE
The information contained in the post-sentence investigation report shall be “privileged” and could not be used as evidence
against any person, no matter how incriminating the information may be.
NO SUBPOENA POWERS
Probation and parole officer are not clothed with subpoena powers under the Probation Law. There is nothing to prevent
them, however, from requesting the court to issue subpoenas requiring the attendance of witnesses in their investigations.
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.
HEARING NOT REQUIRED
There is nothing in the Probation Law which requires the court to set for hearing the investigation report or the application
for probation, although it may of course, in its discretion do so, preserving at all times, however, the confidentiality of the report.
The court is mandated to resolve the petition for probation not later than 15 days after receipt of the investigation report.
The period, however, seem to be merely directory, not mandatory.
BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION
Pending submission of investigation report and the resolution of the petition for probation, the defendant may be allowed
temporary liberty under his bail filed in the criminal case. In case no bail was filed or the defendant is incapable of filing one, the
court may allow the release of the defendant on recognizance to the custody of a responsible member of the community who shall
guarantee his appearance whenever required by the court.
GRANT OR DENIAL OF PROBATION
PROBATION DISCRETIONARY
Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part of the court.
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. In the event that
violation of any of the conditions of probation is established, the court need not revoke the probation; it has the discretion to revoke
or continue the probation and modify the conditions thereof.

APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by the court. He should be allowed to turn down
the same grant, especially since he might feel that the terms and conditions thereof are too onerous for him.
GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE
CIVIL LIABILITY NOT AFFECTED
Probation is a substitute for imprisonment (including subsidiary imprisonment in case of non-payment of fine) and other
criminal penalties, not a mode of discharging the civil liability, which is owed not to the State but to the offended party.
COVERAGE OR SCOPE OF APPLICATION OF DECREE
A. Non-offenders not covered

Consistently with the concept and purpose of probation, the Decree applies only to offenders.
B. Offenders covered
The Decree declares, “it shall apply to all offenders”.
C. Offenders who are excluded

Not all offenders, however, fall within its coverage:
1. It expressly excludes from its operation “those entitled to the benefits of PD 603, as amended (otherwise known as the
Child and Youth Welfare Code) and similar laws.
2. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and the “similar laws” just
mentioned, he would not be entitled to the Benefits of the Decree if he has not been convicted and sentenced.
3. An offender who is already serving sentence or is otherwise specifically disqualified under Sec. 9.
4. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which state, “any person found guilty of any election offense
under this code shall be punished with imprisonment of not less than 1 year but not more than 6 years and shall not be
subject to probation.
5. Sec. 9, Pd 1987 (An Act creating the Videogram Regulatory Board, dated October 5, 1985) states “The provisions of PD 968,
as amended shall not apply in cases of violations of this Decree, including its implementing rules and regulations.
6. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the violators of the law shall not be entitled to the benefits
of the Probation Law.
DISQUALIFIED OFFENDERS
Sec. 9. Disqualification 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 subversion or any crime against the national security or public order;
(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Sec. 33 hereof
When the court must deny probation
The court shall deny an application for probation whenever it finds that:
a. the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution;
b. there is undue risk that during the period of probation the offender will commit another crime;
c. probation will depreciate the seriousness of the offense committed.
PERIOD OF PROBATION
a. The period of probation of a defendant sentenced to a term of imprisonment of not more than one (1)
year shall not exceed two (2) years, and in all other cases, said period shall not exceed six (6) years.
b. When the sentence imposes a fine only and the offender is made to serve a subsidiary imprisonment in
case of insolvency, the period of probation shall not be less than nor more than twice the total
number of days of subsidiary imprisonment as computed in the rate established in Art. 39 of the
Revised Penal Code, as amended.
CONDITIONS OF PROBATION
1. General or Mandatory Conditions
(a) Present himself to the probation (and parole) officer designated to undertake his supervision at such place as
may be specified in the order within 72 hours from receipt of said order;
(b) Report to the probation (and parole) officer at least once a month at such time and place as specified by the said
officer.
2. Special or Discretionary Conditions

The court may also require the probationer to:
(a) cooperate with the program of supervision;

(b) meet his family responsibilities;
(c) devote himself to specific employment and not to change said employment without prior written approval of the
probation (and parole) officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified
institution, when required for the 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 the probation (and parole) officer or an authorized social worker to visit his home and place of work;
(j) reside at premise 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
MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION
A. Period of probation
The period of probation may either be shortened or made longer, but not to exceed the period set in
the law.
B. Conditions 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 of probation.
The court shall inform in writing the probation officer and the probationer of any
change in the period and conditions of probation.
REVOCATION OF PROBATION
A. Concept of violation of probation

“A violation of probation shall be understood to mean any act or any commission on the part of
the probationer with respect to the terms and conditions specified in the probation order.
B. Arrest of the probationer

At any time during probation, the court may issue a warrant for the arrest of the probationer for
violation of any of the conditions of probation.
TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the report and recommendation of the probation and parole 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.
B. Other ways of terminating probation:

1. Termination before the expiration of the period
2. Termination by pardon of the probation
3. Deportation of the probationer
4. Death of the probationer
C. Effect of final discharge
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 fully discharge his liability for any fine imposed as to the offense for which probation was granted.
CONFIDENTIALITY OF RECORDS
The probation records may be found, firstly, in the court concerned. Secondly, in the office of the Chief Probation and
Parole Officer assigned in the city or province. Thirdly and fourthly, copies of these records are being forwarded to the Regional
Parole and Probation Office and the Parole and Probation Administration (Central Office).
OTHER FORMS OF NON-INSTITUTIONAL CORRECTIONS
EXECUTIVE CLEMENCY
- collective term for absolute pardon, conditional pardon and commutation of sentence
PARDON
- an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on
whom it is bestowed from the punishment that the law inflicts for a crime he has committed; pardoning power is
exercised by the President
Pardon

is a form of executive clemency which is exercised by the Chief Executive. It is an act of grace and the recipient of
pardon is not entitled to it as a matter of right. The exercise of pardon is vested in the Executive, is discretionary and is not
subject to review by the courts. Neither does the Legislative Branch of the government have the right to establish conditions
nor provide procedures for the exercise of clemency.
History of Pardon
The exercise of the pardoning power has always been vested in the hands of the executive branch of the government, whether
King, Queen, President or Governor. Pardon dates back to the pre-Christian era. in fact the bible contains an illusion where a criminal
was released and pardoned by the King at the time Christ was crucified.
In 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.
In the 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.
In the Philippines, the pardoning power is vested in the Prime Minister by Article IX, Section14 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
1) 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.
Under the present method of judicial procedure justice is not guaranteed. It is possible to convict innocent person as it is
possible for criminals to escape the hands of justice. When an innocent convict has no more recourse through courts, the remedy is
absolute pardon. The power of the President or Prime Minister to pardon offenders on the grounds of innocence is rarely exercised
because the criminal procedures are liberal in granting a new trial in the case of an offender has no more legal remedy will pardon of
this nature be given. If so exercised, absolute pardon is granted after an exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.
b. TO KEEP PUNISHMENT ABREAST WITH THE CURRENT PHILOSOPHY, CONCEPT OR PRACTICE OF CRIMINAL
JUSTICE ADMINISTRATION.
A criminal act, because of changing scheme of social values, may become non-criminal at a later date. Therefore, persons
serving imprisonment at the time of the repeal of the law abolishing the crime may be extended absolute pardon. For example, a
person serving imprisonment for black-marketing of gasoline when this commodity was rationed, may after the repeal of the law on
black-marketing be extended absolute pardon.
c. TO RESTORE FULL POLITICAL AND CIVIL RIGHTS OF PERSONS WHO HAVE ALREADY SERVED THEIR
SENTENCE AND HAVE WAITED THE PRESCRIBED PERIOD.
The greatest number of application for absolute pardon come from ex-prisoners who desire to be restored their political and
civil rights. In the Philippines, the Office of the President laid down the policy to grant absolute pardon to ex-prisoners ten years from
the date of their release from prison. Recently the policy was relaxed, thereby shortening the waiting period of five years. The waiting
period is required to give the offender an opportunity to demonstrate that he has established a new pattern of conduct.
2) 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 can not 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 UPON THE PARDONING POWER
1) It may not be exercised for offenses in impeachment cases;

2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil contempt; and
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.
It is an elementary principle in political law that pardon can only be given after final conviction. Cases pending trial or an 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
- at least six (6) months if convicted of Attempted Homicide
Nature of Conditional Pardon\
Conditional pardon is in the nature of a contract, so that it must first be accepted by the recipient before it takes effect. The
pardonee is under obligation to comply strictly with the conditions imposed therein; otherwise, his non-compliance will result to the
revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of the conditions of his pardon, he will be prosecuted criminally
as a pardon violator. Upon convictions, the accused will be sentenced to serve an imprisonment of prison correctional. However, if the
penalty remitted by the granting of such pardon be higher than six years, the pardonee will be made to serve the unexpired porion of
his original sentence. (Art. 159, RPC)
How Conditional Pardon is Given
Conditional Pardon may be commenced by a petition filed by the prisoner, his family or relative, or upon the
recommendation of the prison authorities. The petition or request is processed by the Board of Pardons and Parole. The Board shall
determine if the prisoner has served a sufficient portion of his sentence; his release is not inimical to the interest of the community;
and that there is likelihood that the offender will not become a public charge and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably to the President. If the case is premature, the petitioner is so informed.
SOME GUIDES IN PARDON SELECTION
IN DETERMINING THE FITNESS OF A PRISONER FOR RELEASE ON CONDITIONAL PARDON, THE FOLLOWING
POINTS SHALL BE CONSIDERED AS GUIDES.
a. The political, organizational or religious affiliation of the prisoner should be disregarded.

b. Due ( but not undue ) regard should be given 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 DISTINGUISHED FROM PAROLE.
The purpose of conditional pardon and parole is the same – the release of a prisoner who is already reformed in order that he can
continue to serve his sentence outside of the institution, thus giving him the opportunity to gradually assume the responsibilities of a
free man. 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.
CONDITIONS OF PARDON
In the Philippines, the pardonee is given the same set of rules or conditions as the parolee. Among the conditions usually imposed
on pardonees and parolees are the following:
a. That he shall live in his parole residence and shall not change his residence during the period of his parole without first
obtaining the consent of the Board of Pardons and Parole. If the parolee or pardonee leaves the parole jurisdiction
temporarily, he needs not get the permission of the Board, although he may so inform his parole officer (Municipal Judge)
of his whereabouts.
b. That he shall report to the Municipal Judge ( of the town where he will reside ) or to such officer as may be designated by
the Executive Officer of the Board of Pardons and Parole during the first year once a month and, thereafter, once every two
months or as often as he may be required by said officer.

c. That he shall not indulge in any injurious or vicious habits, and shall avoid places or persons of disreputable or harmful
character.
d. That he shall permit the Provincial Commander, Philippine Constabulary or any officer designated by the Executive Officer of
the Board to visit him at reasonable times at his place of abode or elsewhere and shall truthfully answer any reasonable
inquiries concerning his conduct or conditions.
e. That he shall not commit any crime and shall conduct himself in an orderly manner.
f. That he shall pay not less than P50.00 a month to the cashier of the Department of Justice in payment of the indemnity
imposed upon him.
g. That he shall comply with such orders as the Board or its Executive Officer may from time to time make.
ABUSE OF THE PARDON POWER AND ITS SAFEGUARDS.
The power vested on the President by the Constitution to grant pardon is very broad and exclusive. it is not subject to review by
the courts. Neither does congress have the right to establish conditions nor provide procedure for the exercise of pardon.
Under these circumstances, it is therefore possible that his power can be abused by unscrupulous Chief Executives. In fact,
nearly every presidential election the alleged abuse of the pardoning power has come up as campaign issue against the incumbent
President. The truth of the charge has never been investigated, but the fact that the alleged anomaly is aired publicly is an indication
that the power to grant pardon may be abused.
There are certain safeguards, however, against the abuse of the pardoning power. First is the constitutional provision that the
President may be impeached for a willful violation of the Constitution. This is enough deterrent for the Chief Executive to abuse this
power. Second, is the policy of the Office of the Chief Executive, ever since the time of the American Governors General, to approve
pardon cases which are favorably recommended by the Board of Pardons and Parole. Although this policy does not wholly bind the
President, seldom, if ever, has it been disregarded?
IS PARDON NECESSARY IN OUR PENAL SYSTEM?
Judges are human beings and are therefore apt to commit errors. It is possible for an innocent to get convicted as it is possible for
a criminal to escape the hands of justice. An innocent man may not be able to present evidence to prove his innocence, or may not
have the money to hire a good counsel. Many of our penal laws are outmoded and are not longer kept abreast with current trends of
criminal justice administration. Judges are limited by laws to the use of discretion they may exercise in any given case. Under any of
the above circumstances, an injustice may result, which can only be remedied by the exercise of pardon.
Ideally, all releases should be by parole. Society can only be sufficiently protected against the ex-prisoner if the latter is released
through parole or conditional pardon. Unfortunately, not all sentences are indeterminate so that some prisoners are deprived of the
privilege of parole. Therefore, pardon is necessary for the prisoners who do not fall under the parole law.
DIFFERENCES BETWEEN AMNESTY AND PARDON.
Pardon includes any crime and is exercised individually by the Chief Executive, while amnesty is a blanket pardon granted to
a group of prisoners, generally political prisoners.
Pardon is exercised when the person is already convicted while amnesty may be given before trial or investigation is had.
COMMUTATION OF SENTENCE
- an executive clemency changing a heavier sentence to a less serious one, or a longer prison term to a shorter one
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
- the postponement of the execution of a death sentence
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
PAROLE
- a method by which a prisoner who has served a portion of his sentence is conditionally released but remains in legal
custody, the condition being that in case of misbehavior, he shall be imprisoned

ELIGIBILITY FOR PAROLE
A prisoner shall be eligible for the grant of parole upon showing that he is confined in jail or prison to serve an
indeterminate prison sentence, the maximum period of which exceeds one (1) year, pursuant to final judgment of conviction and that
he has served the minimum period of said sentence less the good conduct time allowance earned.
GOOD CONDUCT TIME ALLOWANCE
- the statutory shortening of the maximum sentence of an inmate because of good behavior; granted by the Director of
Prisons
ALLOWANCE FOR GOOD CONDUCT TIME ALLOWANCE
The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his
sentence:
first two years = 5 days deduction for each month (60 days/year)
3rd to 5th year = 8 days deduction for each month (96 days/year)
6th to 10th year = 10 days deduction for each month (120 days/year)
11th year onwards = 15 days deduction for each month (180 days/year)
APPENDIX A
PRESIDENTIAL DECREE No. 968 July 24, 1976
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
WHEREAS, one of the major goals of the government is to establish a more enlightened and humane correctional systems that will
promote the reformation of offenders and thereby reduce the incidence of recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs constitutes an onerous drain
on the financial resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree the following:
Section 1. Title and Scope of the Decree. 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. This Decree shall be interpreted so as to:
(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 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires, be construed thus:
(a) "Probation" 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.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a probationer or both.
Section 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.

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 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 after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed on temporary liberty
under his bail filed in the criminal case; Provided, That, in case where no bail was filed or that the defendant is incapable of filing one,
the court may allow the release of the defendant on recognize the custody of a responsible member of the community who shall
guarantee his appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on probation, the court
shall consider all information relative, to the character, antecedents, environment, mental and physical condition of the offender, and
available institutional and community resources. Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an
institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Section 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;
(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. Every probation order issued by the court shall contain conditions requiring that the probationer
shall:
(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 17. Confidentiality of Records. The investigation report and the supervision history of a probationer obtained under this
Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the
court concerned, except that the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the probationer make such disclosure desirable or helpful: Provided,
Further, That, any government office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain
copies of said documents for its official use from the proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under the Department of Justice an agency to be known as the
Probation Administration herein referred to as the Administration, which shall exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel as may be necessary for the proper execution of its functions.
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.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation Officers shall have the
authority within their territorial jurisdiction to administer oaths and acknowledgments and to take depositions in connection with their
duties and functions under this Decree. They shall also have, with respect to probationers under their care, the powers of police
officer.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person shall be appointed
Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses at least a bachelor's degree with a major in
social work, sociology, psychology, criminology, penology, corrections, police science, administration, or related fields and has at least

three years of experience in work requiring any of the abovementioned disciplines, or is a member of the Philippine Bar with at least
three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified residents of the province or
city where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice shall organize the
administrative structure of the Administration and the other agencies created herein. During said period, he shall also determine the
staffing patterns of the regional, provincial and city probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out their duties effectively.
Section 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.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from six months and one
day to six years and a fine ranging from hundred to six thousand pesos shall be imposed upon any person who violates Section 17
hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five Hundred Thousand Pesos or
so much as may be necessary, out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this
Decree. Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be necessary shall be
included in the annual appropriations of the national government.
Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or inconsistent with this Decree are
hereby repealed or modified accordingly.
Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or unconstitutional, no
other parts, sections or provisions hereof shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the application of its substantive
provisions concerning the grant of probation shall only take effect twelve months after the certification by the Secretary of Justice to
the Chief Justice of the Supreme Court that the administrative structure of the Probation Administration and of the other agencies has
been organized.
DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six.
APPENDIX B
PRESIDENTIAL DECREE NO. 1990
AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE PROBATION LAW OF 1976.
WHEREAS, it has been the sad experience that persons who are convicted of offenses and who may be entitled to probation
still appeal the judgment of conviction even up to the Supreme Court, only to pursue their application for probation when their appeal
is eventually dismissed; .
WHEREAS, the process of criminal investigation, prosecution, conviction and appeal entails too much time and effort, not to
mention the huge expenses of litigation, on the part of the State; .
WHEREAS, the time, effort and expenses of the Government in investigating and prosecuting accused persons from the
lower courts up to the Supreme Court, are oftentimes rendered nugatory when, after the appellate Court finally affirms the judgment
of conviction, the defendant applies for and is granted probation;
WHEREAS, probation was not intended as an escape hatch and should not be used to obstruct and delay the administration
of justice, but should be availed of at the first opportunity by offenders who are willing to be reformed and rehabilitated;
WHEREAS, it becomes imperative to remedy the problems abovementioned confronting our probation system.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree:
Section 1. Section 4 of Presidential Decree No. 968 is hereby amended to read as follows:

"Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have convicted and
sentenced a defendant, and upon application by said defendant within the period for perfecting an appeal, suspend the execution of
the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best;
Provided, That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the
judgment of conviction.
"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. The filing of the application shall be deemed a waiver of the right to appeal.
"An order granting or denying probation shall not be appealable."
Sec. 2. Section 9 of Presidential Decree No. 968 is hereby amended to read as follows: .
"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 subversion or any crime against the national security or the public order;
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and
one day and/or a fine of not less than Two Hundred Pesos.
(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33
hereof." .
Sec. 3. The provisions of Section 4 of Presidential Decree No. 968, as above amended, shall not apply to those who have already
filed their respective applications for probation at the time of the effectivity of this Decree.
Sec. 4. All laws, decrees, executive or administrative orders, rules and regulations, or parts thereof, inconsistent with this Decree, are
hereby repealed, amended or modified accordingly.
Sec. 5. This Decree shall take effect after fifteen (15) days following its publication in the Official Gazette.
DONE in the City of Manila, this 5th day of October, in the year of Our Lord, nineteen hundred and eighty-five.
APPENDIX C
PRESIDENTIAL DECREE No. 1257
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED NINE HUNDRED AND SIXTY-EIGHT,
OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
WHEREAS, the need to strengthen certain provisions of Presidential Decree No. 968, otherwise known as the Probation Law of 1976,
has surfaced in the nationwide seminars which introduced said law to judges, fiscals and private law practitioners;
WHEREAS, meeting such need would better ensure the achievement of its laudable objectives;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order and decree as follows:
Section 1. Section 4 of Presidential Decree No. 968, otherwise known as the Probation Law of 1976, is hereby amended to read as
follows:
"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have convicted and sentenced a
defendant but before he begins to serve his sentence and upon his application, 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.
The prosecuting officer concerned shall be notified by the court of the filling of the application for probation and he may submit his
comment on such application within ten days from receipt of the notification.
Probation may be granted whether the sentence impose a term of imprisonment or a fine with subsidiary imprisonment in case of
insolvency. An application for probation shall be filed with trial court, with notice to appellate court if an appeal has been taken from
the sentence of conviction. The filling of the application shall be deemed a waiver of the right to appeal, or the automatic withdrawal
of a pending appeal. In the latter case however, if the application is filed on or after the date of the judgment of the appellate court.
An order granting or denying probation shall not be appealable."
Section 2. The first paragraph of Section 7 of the same Decree is hereby amended to read as follows:

"Sec. 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 from receipt of the order of said court to conduct the investigation. The court shall resolve the
application for probation not later than fifteen days after receipts of said report."
Section 3. Section 15 of the same Decree is hereby amended to read as follows:
"Sec. 15. Arrest and Probationer; Subsequent Disposition. At any time during probation, the court may issue a warrant for the arrest
of a probationer for any serious violation of the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing of the violation charged. The defendant may be admitted to bail pending such
hearing. In such case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers
arrested under this provision.
In the hearing, which shall be summary in nature, the probationer shall have the right to be informed of the violation charged and to
adduce evidence in his favor. The court shall not be bound by the technical rules of evidence but may be inform itself of all the facts
which are material and relevant to ascertain the veracity of the charge. The State shall be represented by a prosecuting officer in any
contested hearing. If the violation is established, the court may revoke or continue his probation and modify 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 4. Section 33 of the same Decree is hereby amended to read as follows:
"Sec. 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That the application of its substantive
provisions concerning the grant of probation shall only take effect on January 3, 1978."
Section 5. This Decree shall take effect immediately.
Done in the City of Manila, this 1st day of December, in the year of Our Lord, nineteen hundred and seventy-seven.
APPENDIX D
BATAS PAMBANSA BILANG 76
AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED SIXTY-EIGHT, AS AMENDED, OTHERWISE
KNOWN AS THE PROBATION LAW OF NINETEEN HUNDRED AND SEVENTY-SIX, SO AS TO EXPAND ITS COVERAGE.
Section 1. Section nine of Presidential Decree Numbered Nine hundred sixty-eight, as amended by Presidential Decree Numbered
Twelve hundred and fifty-seven, is hereby further amended to read as follows: chanrobles virtual law library
"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 and one day;
"(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; and
"(d) Who have been once on probation under the provisions of this Decree."
Sec. 2. Notwithstanding the provision of the Probation Law of 1976, any person sentenced to maximum penalty of six years and one
day on January 3, 1978 and thereafter may be placed on probation upon his application therefor with the court of origin. However,
such person serving sentence at the effectivity of this Act shall remain in jail pending the approval of his application.
Sec. 3. This Act shall take effect upon its approval.
Approved: June 13, 1980
APPENDIX E
ACT NO. 4103
(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])
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.

Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the
court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the
attending circumstances, could be properly imposed under the rules of the said Code, and the minimum which shall be within the
range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by any other law, the
court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by
said law and the minimum shall not be less than the minimum term prescribed by the same.
Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-imprisonment; to those convicted
of treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to
those convicted of piracy; to those who are habitual delinquents; to those who have escaped from confinement or evaded sentence;
to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof; to those whose
maximum term of imprisonment does not exceed one year, not to those already sentenced by final judgment at the time of approval
of this Act, except as provided in Section 5 hereof.
.
Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary of Justice who shall be its
Chairman, and four members to be appointed by the President, with the consent of the Commission on Appointments who shall hold
office for a term of six years: Provided, That one member of the board shall be a trained sociologist, one a clergyman or educator,
one psychiatrist unless a trained psychiatrist be employed by the board, and the other members shall be persons qualified for such
work by training and experience. At least one member of the board shall be a woman. Of the members of the present board, two
shall be designated by the President to continue until December thirty, nineteen hundred and sixty-six and the other two shall
continue until December thirty, nineteen hundred and sixty-nine. In case of any vacancy in the membership of the Board, a successor
may be appointed to serve only for the unexpired portion of the term of the respective members.
Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as may be necessary for carrying out its
functions and duties. The Board is empowered to call upon any bureau, office, branch, subdivision, agency or instrumentality of the
Government for such assistance as it may need in connection with the performance of its functions. A majority of all the members
shall constitute a quorum and a majority vote shall be necessary to arrive at a decision. Any dissent from the majority opinion shall be
reduced to writing and filed with the records of the proceedings. Each member of the Board, including the Chairman and the
Executive Officer, shall be entitled to receive as compensation fifty pesos for each meeting actually attended by him, notwithstanding
the provisions of Section two hundred and fifty-nine of the Revised Administrative Code, and in addition thereto, reimbursement of
actual and necessary traveling expenses incurred in the performance of duties: Provided, however, That the Board meetings will not
be more than three times a week
Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical, mental and moral record of the
prisoners who shall be eligible to parole and to determine the proper time of release of such prisoners. Whenever any prisoner shall
have served the minimum penalty imposed on him, and it shall appear to the Board of Indeterminate Sentence, from the reports of
the prisoner's work and conduct which may be received in accordance with the rules and regulations prescribed, and from the study
and investigation made by the Board itself, that such prisoner is fitted by his training for release, that there is a reasonable probability
that such prisoner will live and remain at liberty without violating the law, and that such release will not be incompatible with the
welfare of society, said Board of Indeterminate Sentence may, in its discretion, and in accordance with the rules and regulations
adopted hereunder, authorize the release of such prisoner on parole, upon such terms and conditions as are herein prescribed and as
may be prescribed by the Board. The said Board of Indeterminate Sentence shall also examine the records and status of prisoners
who shall have been convicted of any offense other than those named in Section 2 hereof, and have been sentenced for more than
one year by final judgment prior to the date on which this Act shall take effect, and shall make recommendation in all such cases to
the Governor-General with regard to the parole of such prisoners as they shall deem qualified for parole as herein provided, after
they shall have served a period of imprisonment not less than the minimum period for which they might have been sentenced under
this Act for the same offense.
Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and in such manner as may be
required by the conditions of his parole, as may be designated by the said Board for such purpose, report personally to such
government officials or other parole officers hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum sentence imposed upon him or until final release and discharge by the Board of
Indeterminate Sentence as herein provided. The officials so designated shall keep such records and make such reports and perform
such other duties hereunder as may be required by said Board. The limits of residence of such paroled prisoner during his parole may
be fixed and from time to time changed by the said Board in its discretion. If during the period of surveillance such paroled prisoner
shall show himself to be a law-abiding citizen and shall not violate any of the laws of the Philippine Islands, the Board of
Indeterminate Sentence may issue a final certificate of release in his favor, which shall entitle him to final release and discharge. chan
robles virtual law library
Sec. 7. The Board shall file with the court which passed judgment on the case, and with the Chief of Constabulary, a certified copy
of each order of conditional or final release and discharge issued in accordance with the provisions of the next preceding two
sections.
Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of surveillance, violate any of the
conditions of his parole, the Board of Indeterminate Sentence may issue an order for his re-arrest which may be served in any part of
the Philippine Islands by any police officer. In such case the prisoner so re-arrested shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison, unless the Board of Indeterminate Sentence shall, in its
discretion, grant a new parole to the said prisoner.
Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-General as set forth in Section
64(i) of the Revised Administrative Code or the Act of Congress approved August 29, 1916 entitled "An Act to declare the purpose of
the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more
autonomous government for those Islands."
Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to receive the benefits provided in Section
1751 of the Revised Administrative Code.
Approved: December 5, 1933

APPENDIX F
REPUBLIC ACT No. 6127
AN ACT AMENDING ARTICLE TWENTY-NINE OF THE REVISED PENAL CODE TO GIVE FULL TIME CREDIT UNDER
CERTAIN CONDITIONS TO OFFENDERS WHO HAVE UNDERGONE PREVENTIVE IMPRISONMENT (DETENTION
PRISONERS) IN THE SERVICE OF THEIR SENTENCES.
Section 1. Article 29 of the Revised Penal Code is hereby amended to read as follows:
"Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders 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 to abide by the same disciplinary
rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily;
"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."
Section 2. This Act shall take effect upon its approval.
Approved: June 17, 1970
APPENDIX G
BATAS PAMBANSA BILANG 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.
Section 1. Article twenty-nine of Public Act Numbered Thirty-eight hundred and fifteen, otherwise known as the Revised Penal Code,
as amended by Republic Act Numbered Sixty-one hundred and twenty-seven, is 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 to abide by the same
disciplinary rules imposed upon convicted prisoners except in the following cases:
"1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
"2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
"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.
"Whenever an accused has undergone preventive imprisonment for a period equal to or more than 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 unless
he is detained by virtue of an arrest, search and seizure order (ASSO). In case the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment."
Sec. 2. This Act shall take effect upon its approval.
Approved: September 20, 1980
APPENDIX H
[REPUBLIC ACT NO. 10592]
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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, except in
the following cases:
“1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
“2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
“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.
“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. Computation of preventive
imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu
proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced
is lestierro, he shall be released after thirty (30) days of preventive imprisonment.”
SEC. 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.”
“ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant
to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail
shall entitle him to the following deductions from the period of his sentence:
“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.”
“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.”

SEC. 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.”
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
APPENDIX I
REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND PAROLE
Pursuant to the provisions of Section 4 of Act No. 4103, “The Indeterminate Sentence Law”, as amended, the
following Rules and Regulations are hereby promulgated to govern the actions and proceedings of the Board of
Pardons and Parole:
I. General Provisions
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 2. Definition of Terms. — As used in these Rules, unless the context indicates otherwise:
a. “Board” refers to the Board of Pardons and Parole;

b. “Executive Director” refers to the Executive Director/Secretary of the Board;
c. “Administration” refers to the Parole and Probation Administration;
d. “Administrator” refers to the Administrator of the Parole and Probation Administration;
e. “Regional Director” refers to the Head of the Parole and Probation Administration in the region;
f. “Probation and Parole Officer” refers to the Probation and Parole Officer undertaking the supervision of the client;
g. “Director” refers to the Director of the Bureau of Corrections;
h. “Penal Superintendent” refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for Women and the
prison and penal farms of the Bureau of Corrections;
i. “Warden” refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail;
j. “Carpeta” refers to the institutional record of an inmate which consists of his mittimus or commitment order issued by the Court
after conviction, the prosecutor’s information and the decisions of the trial court and the appellate court, if any; certificate of non-
appeal, certificate of detention and other pertinent documents of the case;
k. “Prison Record” refers to information concerning an inmate’s personal circumstances, the offense he committed, the sentence
imposed, the criminal case number in the trial and appellate courts, the date he commenced serving his sentence, the date he was
received for confinement, the place of confinement, the date of expiration of the sentence, the number of previous convictions, if
any, and his behavior or conduct while in prison;

l. “Parole” refers to the conditional release of an offender from a correctional institution after he has served the minimum of his
prison sentence;
m. “Executive Clemency” refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions and
Commutation of Sentence as may be granted by the President of the Philippines;
n. “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;
o. “Commutation of Sentence” refers to the reduction of the duration of a prison sentence of a prisoner;
p. “Conditional Pardon” refers to the exemption of an individual, within certain limits or conditions, from the punishment which the
law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability;
q. “Absolute Pardon” refers to the total extinction of the criminal liability of the individual to whom it is granted without any
condition. It restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which
he was convicted;
r. “Petitioner” refers to the prisoner who applies for the grant of executive clemency or parole;
s. “Parolee” refers to a prisoner who is released on parole;
t. “Pardonee” refers to a prisoner who is released on conditional pardon;
u. “Client” refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer;
v. “Release Document” refers to the Conditional Pardon/Absolute Pardon issued by the President of the Philippines to a prisoner or
to the “Discharge on Parole” issued by the Board;
w. “Parole Supervision” refers to the supervision/surveillance by a Probation and Parole Officer of a parolee/pardonee;
x. “Summary Report” 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;
y. “Progress Report” refers to the report submitted by the Probation and Parole Officer on the conduct of the parolee/pardonee
while under supervision;
z. “Infraction Report” refers to the report submitted by the Probation and Parole Officer on violations committed by a
parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.
SECTION 3. National Prisoner Confined in a Local Jail. — The Board may not consider the release on pardon/parole of a
national prisoner who is serving sentence in a municipal, city, district or provincial jail unless the confinement in said jail is in good
faith or due to circumstances beyond the prisoner’s control.
A national prisoner, for purposes of these Rules, is one who is sentenced to a maximum term of imprisonment of more than three (3)
years or to a fine of more than five thousand pesos; or regardless of the length of sentence imposed by the Court, to one sentenced
for violation of the customs law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it, or to one
sentenced to serve two (2) or more prison sentences in the aggregate exceeding the period of three (3) years.
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 take action 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.
“The President of the Philippines

Thru: The Chairman Board of Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor. East Avenue,
Diliman, Quezon City”
Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio, consider cases for parole, commutation of sentence or conditional pardon of deserving
prisoners whenever the interest of justice will be served thereby. S
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 7. Supporting Documents of Petition for Absolute Pardon. — The petition for absolute pardon shall be
accompanied by —
a. the affidavits of at least two (2) responsible members of the community where the petitioner resides. The affidavits shall, among
others, state that the petitioner has conducted himself in a moral and law-abiding manner since his release from prison and shall
indicate the petitioner’s occupation and his social activities including religious involvement;
b. the clearances from the National Bureau of Investigation, the Philippine National Police, the Prosecutor’s Office, the Municipal
Circuit Trial Court, the Municipal Trial Court, the Municipal Trial Court in Cities, the Metropolitan Trial Court and the Regional Trial
Court where petitioner resides;
c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from the City/Municipal Treasurer or Probation and
Parole Officer on his financial condition; and,
d. proof of service of sentence or certificate of Final Release and Discharge or court’s Termination Order of probation.
SECTION 8. Referral of Petition for Absolute Pardon to a Probation and Parole Officer. — Upon receipt of a petition for
absolute pardon, the Board shall refer the petition to a Probation and Parole Officer who shall conduct an investigation on the conduct
and activities, as well as the social and economic conditions, of the petitioner prior to his conviction and since his release from prison
and submit a report thereof within fifteen (15) days from receipt of the referral.
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. In case of an alien, the petition shall be referred to the Department of Foreign Affairs for comment and
recommendation.
III. Executive Clemency
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.
SECTION 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.

IV. Parole
SECTION 13. Review of Cases for Parole. — Unless otherwise disqualified under Section 15 of these Rules, a case for parole of a
prisoner shall be reviewed upon a showing that he is confined in prison or jail to serve an indeterminate sentence, the maximum
period of which exceeds one (1) year, pursuant to a final judgment of conviction and that he has served the minimum period of said
sentence. SECTION 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 of
society. SECTION 15. Disqualification for Parole. — The following prisoners shall not be granted parole: a. Those convicted of an
offense punished with Death penalty, Reclusion Perpetua or Life imprisonment; b. Those convicted of treason, conspiracy or proposal
to commit treason or espionage; c. Those convicted of misprision of treason, rebellion, sedition or coup d’état; d. Those convicted of
piracy or mutiny on the high seas or Philippine waters; e. Those who are habitual delinquents i.e. those who, within a period of ten
(10) years from the date of release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener; 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. SECTION 16. Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness Compromised. — If, based on
the Pre-Parole Investigation Report conducted on the prisoner, there is a clear and convincing evidence that his release on parole will
endanger his own life and those of his relatives or the life, safety and well being of the victim, his relatives, his witnesses and the
community, the release of the prisoner shall be deferred until the danger ceases. chanroblespublishingcompany V. Proceedings of the
Board SECTION 17. Interview of Prisoners. — Any Board member or government official authorized by the Board may interview
prisoners confined in prison or jail to determine whether or not they may be released on parole or recommended for executive
clemency. The Board or its authorized representatives shall interview an inmate who was sentenced to Reclusion Perpetua or Life
imprisonment, or whose sentence had been commuted from Death to Reclusion Perpetua. Before an interview, the Board may require
a prisoner convicted of a heinous crime as defined under Republic Act No. 7659 and other special laws to undergo
psychological/psychiatric examination if the prisoner has a history of mental instability, or in any case, if the Board finds a need for
such examination in the light of the nature of the offense committed or manner of its commission. SECTION 18. Publication of those
Eligible for Executive Clemency/Parole. — The Board shall cause the publication in a newspaper of general circulation the names of
prisoners convicted of heinous crimes or those sentenced by final judgment to Reclusion Perpetua or Life imprisonment, who may be
considered for release on parole or for recommendation for absolute or conditional pardon. SECTION 19. Objections to Petitions. —
When an objection is filed, the Board may consider the same by requesting the person objecting to attach thereto evidence in support
thereof. In no case, however, shall an objection disqualify from executive clemency/parole the prisoner against whom the objection is
filed. SECTION 20. Documents to be Considered. — The carpeta and prison record of the prisoner and other relevant documents,
such as the mittimus or commitment order, prosecutor’s information and trial/appellate court’s decision of the case of the prisoner
shall be considered by the Board in deciding whether or not to recommend executive clemency or to grant parole. In case the
prisoner has one or more co-accused who had been convicted, the Board shall consider at the same time the prison records and
carpetas of said co-accused. chanroblespublishingcompany SECTION 21. Factors to be Considered in Petition for Conditional Pardon,
Commutation of Sentence or Parole. — The following factors may be considered by the Board in the grant of 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. SECTION 22. Special Factors. — The Board may give special
consideration to the recommendation for commutation of sentence or conditional pardon whenever any of the following
circumstances are present: 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. SECTION 23. Meetings. — The Board shall meet in executive session regularly or upon the call of the Chairman.
chanroblespublishingcompany SECTION 24. Quorum. — A majority of all the members of the Board shall constitute a quorum.
SECTION 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. SECTION 26. Executive Clemency/Parole of An Alien. — 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. VI. Parole
Supervision SECTION 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. chanroblespublishingcompany SECTION
28. Form of Release Document. — The form of the Release Document shall be prescribed by the Board and shall contain the latest 1”
x 1” photograph and right thumbprint of the prisoner. SECTION 29. Transmittal of Release Document. — The Board shall send a copy
of the Release Document to the prisoner named therein through the Director of Corrections or Warden of the jail where he is
confined who shall send a certification of the actual date of release of prisoner to the Probation and Parole Officer.
chanroblespublishingcompany SECTION 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. chanroblespublishingcompany SECTION 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. chanroblespublishingcompany SECTION 32.
Mandatory Conditions of Supervision. — It shall be mandatory for a client to comply with the terms and conditions appearing in the
release document. SECTION 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. SECTION 34. 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. SECTION 35. 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. SECTION 36. 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. SECTION 37. Death of Client. — If a client dies during supervision, the Probation and Parole Officer shall immediately transmit
a certified true copy of the client’s death certificate to the Board recommending the closing of the case. However, in the absence of a
death certificate, an affidavit narrating the circumstances of the fact of death from the barangay chairman or any authorized officer or
any immediate relative where the client resided, shall suffice. VII. Infraction/Violation of the Terms and Conditions of the Release
Document SECTION 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. SECTION 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. SECTION 40. Arrest of Client. — Upon receipt of
an Infraction Report, the Board may order the arrest or recommitment of the client. SECTION 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. SECTION 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 and after release, was false, or incomplete or that the client had willfully or maliciously concealed material
information from the Board. SECTION 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. chanroblespublishingcompany VIII. Termination of Parole and Conditional Pardon Supervision SECTION 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.
chanroblespublishingcompany The clearances from the police, court, prosecutor’s office and barangay officials shall be attached to
the Summary Report. chanroblespublishingcompany SECTION 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. SECTION 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. IX. Repealing and Effectivity Clauses SECTION 47. Repealing Clause. — All existing
rules, regulations and resolutions of the Board which are inconsistent with these Rules are hereby repealed or amended accordingly.
SECTION 48. Effectivity Clause. — These Rules shall take effect upon approval by the Secretary of Justice and fifteen (15) days after
its publication in a newspaper of general circulation. chanroblespublishingcompany Done in Quezon City, this 26th day of November
2002. chanroblespublishingcompany
_______________________END_____________

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PLT COLLEGE INC.

NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES

ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:

CORRECTIONAL ADMINISTRATION 272

HISTORICAL BACKGROUND of Probation in the Philippines

CORRECTIONAL ADMINISTRATION 273

PD 968 - THE PROBATION LAW OF 1976

AMENDATORY LAWS TO PD 968

PROBATION OFFICER (now Probation and Parole Officer)

3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION

- “Father of Probation” in the US

MATTHEW DAVENPORT HILL

- is considered as the “Father of Probation” in England

CORRECTIONAL ADMINISTRATION 274

- Father of Philippine Probation

Act No. 4221

– the first Probation Law of the Philippines

SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

1. A more enlightened and humane correctional system;

PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

a. Probation protects society

b. Probation protects the victim

c. Probation protects the family

d. Probation assists the government

e. Probation helps the offender

f. Probation justifies the philosophy of men

CORRECTIONAL ADMINISTRATION 275

SUSPENSION OF EXECUTION OF SENTENCE

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation may not be granted except upon application of the defendant.

TIME FOR APPLICATION

EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

POST SENTENCE INVESTIGATION

DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR INVESTIGATION

COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT SERVING SENTENCE

POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

CORRECTIONAL ADMINISTRATION 276

PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

SUBMISSION OF INVESTIGATION REPORT

NO COPY OF REPORT FOR APPLICANT

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

HEARING NOT REQUIRED

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

GRANT OR DENIAL OF PROBATION

ISSUANCE OF PROBATION ORDER

CORRECTIONAL ADMINISTRATION 277

APPLICANT MAY REJECT GRANT OF PROBATION

GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE

CIVIL LIABILITY NOT AFFECTED

COVERAGE OR SCOPE OF APPLICATION OF DECREE

A. Non-offenders not covered

C. Offenders who are excluded

When the court must deny probation

1. General or Mandatory Conditions

2. Special or Discretionary Conditions

CORRECTIONAL ADMINISTRATION 278

The court may also require the probationer to:

(a) cooperate with the program of supervision;

MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION

A. Concept of violation of probation

B. Arrest of the probationer

B. Other ways of terminating probation: