Topic 1 – COMMUNITY-BASED CORRECTIONS

Introduction
At present, correction as a pillar of our justice system is confronted with so
many problems and controversies. Among of its palpable problems are overcrowded
jails and prison facilities. Despite of public clamor, the government cannot afford to lock-
up all convicted individuals. Society has all the reasons to condemn convicts but in so
doing, they are just pushed for the continuance of their unlawful activities. Study shows
that many convicted persons who have been incarcerated in jails or prisons, when they
return to community are mostly reengaged to the same kind of offense or to some other
type of anti-social activities which if not with the same degree with the first offense, is
more serious.
The occurrence of prison violence, whether sexual or non-sexual assaults;
and economic, psychological and social victimization helped to support the
conclusion that there must be a better way of correcting criminals. The community is the
only place in which the correctional process can be successfully completed. Just as the
community provided the original setting for the crime, so it must provide the ultimate
testing ground for the rehabilitation process. All the resources of the community need to
be mobilized to help offenders restore family ties, obtain employment and education,
and discover their place in society.
It is also an accepted fact that putting all convicted individuals in jail or prison
facilities will definitely prejudicial to the government considering that they consume so
much of government funds and resources.
These are all the common reasons for the promotion of the community-based
correction approach in lieu of institutional corrections. Community-based
corrections are non-institutional based corrections which are being considered
as the best alternative for imprisonment. It is a non-incarcerate system of correction.
It is described as a method of rehabilitating convicted felons without a need of
placing them into jail or prison facilities. It is likewise referred to any sanctions in
which convicts serve all or a portion of their sentence in the community. It is a program
which deal with supervised rehabilitation of convicts within the community. The
idea behind non-institutional correction programs is that, most convicts can be
effectively held accountable for their crimes at the same time that they can fulfill
legitimate living standards in the community. Most convicts do not pose an imminent
danger to themselves or to others and can therefore remain in the community to
maintain relationships. Community-based correctional programs embrace any
activity in the community directly addressed to the offender and aimed at helping him or
her to become a law-abiding citizen.
Prison and jail facilities should be the last resort for correctional problems.

Three “Revolutions” in the History of Corrections

1. Age of Reformation – replaced corporal punishment, exile and physical
disfigurement with penitentiary.
2. Age of Rehabilitation – assumed that criminal were handicapped persons
suffering from mental or emotional deficiencies. Under this, individual therapy
aimed at healing these personal maladjustment’s, became the preferred style.
 3. Age of Reintegration – society becomes the “patient” as well as the
offender. Much more emphasis is placed on the pressures exerted on the
offender by the social groups to which he belongs and on the society which
regulates his opportunities to achieve his goals.

Two Approaches of Correction

1. Institutional Correction (Institution-based Correction) – rehabilitation or
correctional programs take place inside correctional facilities or institutions
such as national penitentiaries and jails.
2. Non – Institutional Correction (Community-based Correction) –
rehabilitation or correctional programs take place within the community. Is the
approach wherein the convict will not be placed or be released from
correctional facility or jail.

Rehabilitating convicts within community confers several benefits such as:

1. The convict will remain in the community in which he or she has
responsibilities. He can continuously engage to his legitimate sources of
livelihood to support himself and his family and the government can collect
taxes from him;
2. Convicts under community-based correction are more capable to compensate
their victims through restitution or to pay-back the community through
community service; and
3. Community-based corrections programs do not expose convicts to the
subculture of violence existing in jails and prisons.

Restorative Justice - is a principle in Non-institutional Correction that works for the

reintegration of convicted individuals to society.
What Restorative Justice advocating is the alteration of the behavior of convicts
through the use of holistic but non-incarcerate methods of rehabilitation. It is like helping
the convicts to enter the society in a way where they can be accepted by the society.
This system has its impact on the society in general as well, as it helps the society
understand and accept the fact that convicts are also a part of the society.

Diversion – this is a formally acknowledged and organized efforts to utilize

alternatives to initial or continued processing into the justice system. In terms of
processing, diversion implies halting or suspending formal criminal proceeding against a
person who has violated a statute, in favor or processing through a non-criminal
disposition or means. Diversionary tactics are aimed at keeping people out of the
criminal justice system and particularly out of its institutional component.

Factors which contributed to the development of Diversion

1. The fact that the stigma of incarceration might be avoided.
2. Professional and economic opportunities would not be denied to the
convicted offender.
3. Less serious offenses might be more appropriately handled by some other
type of agency.
 4. Recidivism would be reduced by lessened opportunity for criminal contagion
which is inevitably present in the penal institution.
Note: Diversion should be entertained only for those offenders
whose behavior can be effectively dealt within the community. For
the more hardened criminals, especially those who have inflicted a serious
degree of injury or death, or for individuals whose psychotic or
unmanageable behavior requires the security of custody,
institutionalization is required.

Advantages of Diversion
1. It contributes to decriminalization by reducing involvement in institutional
aspect of corrections.
2. It will prevent social stigma – criminal record is a serious impediment to
rehabilitation.
3. It will prevent collapse of the criminal justice system – this is because few are
actually prosecuted which may result to the loss of faith by the citizen in the
system.
4. It offers an alternative to the counter-productive practice of incarceration –
aside from being costly, prison cannot check recidivism.
5. It enables the community resources to be more widely employed in the
correctional endeavor.

Disadvantages of Diversion
1. Diversion by court gives a dangerous degree of discretion to the judiciary
since there are no established guidelines.
2. It could be subverted by individuals in the system to serve purely personal
objectives.
3. The possibility of screening out serious offenders instead of the lesser
offenders for whom diversion is more appropriate.

Types of Pre-Trial Diversion

1. Dispute – Resolution Programs – are mediation programs which seek to
help antagonistic parties resolve their disputes in face-to-face
confrontations as soon after the set that caused the criminal complaint as
possible. The goals of these programs are:
1. to speed justice to those who have been involved in minor criminal
conduct;
2. to reduce the court backlog;
3. to ease interpersonal tensions in the community;
4. to provide a form for citizens that will not interfere with their jobs; and
5. to remove the stigma of an arrest record for those involved in minor
personal disputes.
2. Deferred Prosecution – operates in one or two ways:
1. When an offender is arrested, he or she may be screened
according to a number of pre-established criteria to determine if the
problem can be handled through a formal diversionary program; if so,
 project staff will explain the program to the accused offender, and if the
offender is willing to participate in the program, the court will be asked to
defer formal charging. Prosecutors are usually willing to dismiss the
criminal charges for those offenders who successfully complete their
diversionary programs.
2. Under the second model, formal charges are lodged before
defendants are screened for their eligibility for diversionary
programs. If the court and the offender agree, criminal proceedings are
suspended pending the outcome of the findings and conclusions of the
program. A successful solution through the program ensures that formal
charges are dropped; failure results in formal criminal charges.
3. Treatment Alternatives to Street Crime (TASC)
These are designed to divert drug abusers away from the criminal
justice system and into the jurisdiction of agencies offering specialized
support services.
4. Pre-Trial Release
Pre-trial release permits the release of defendants from jail prior to
trial. It offers a series of options that provide varying levels of supervision
and services.

Forms of Pre-Trial Release

a. Pre-Booking Release
1. Field Citation – this is a discretionary method of diverting some of the
pre-arraignment population back into the community at the point of
arrest, and is effected by an arresting officer who has the option of
releasing on the spot any misdemeanant who does not demand to be
taken immediately before the court, and the date of initial hearing is set for
at least five days following the arrest.
2. Station House Citation – occurs after a police officer has transported
a misdemeanant to a police station, where the information provided by
the arrested person is verified. It permits the police officer to make
decision on the basis of valid information, avoids pre-arraignment, and
deprives the misdemeanant of less liberty than if she or he is booked.
b. Post-Booking Release
1. Release on Own Recognizance (ROR) – is the release without bail or
without supervision where defendants are put in their honor to report when
scheduled.
2. Unsecured Bail – permits release without either a deposit or bail
arranged through a bondsman; and differs from ROR only in that
defendant is obligated to pay the established fee upon default.
3. Third-Party Release – this is one where a relative, friend, employer,
volunteer, or even a social agency is given the responsibility, various
conditions, including supervision, are usually involved.
4. Condition Release – the defendant generally must agree to certain
conditions in addition to the court appearance, like remaining within a
 defined geographical area, etc., and is usually associ09634944098ated
with third-party or supervised release, rarely used by itself.
5. Monitored OR – recognizance release and minimal supervision are the
components of this program, where the defendant must keep the pre-trial
release program officer advised of his address and continued presence in
the community by phone calls at prescribed intervals.
6. Privately Secured Bail – a private organization provides bail for the
indigents defendants who meet the agency/s eligibility requirements, and
provides services similar to those of a professional bondsman, but no cost
to the bailed.
7. Percentage Bail – is a publicly managed bail program under which the
offender deposits a percentage of bail amount, usually10% with the court
clerk, when 90% of that original percent is refunded.
8. Fully Secured Bail – the defendant, his or her family, or a professional
bondsmen puts up the security. Bondsmen may require collateral so that
they take little risk. If a defendant absconds, the bondman usually pursued
with warrant and brings the defendant back.
9. Cash Bail – is demanded when the charge is not serious and the
scheduled bail is low.
10. Supervised Release – involves more frequent contact with a program
officer, including phone calls and meetings, than monitored OR, usually for
the purpose of enforcing the conditions imposed.
11. Supervised Pre-Trial Release – permits only partial release; although
zzzzzzzzzzzzzzzzzzzzzzzzzzzpermitted to participate in a work release
program during the day, the defendant in this is confined in jail.

Basic Principles Underlying the Philosophy of Community-Based Correction

1. All efforts consistent with the safety of others should be made to reduce
involvement of the individual offender with the institutional aspects of
corrections.
2. Need for extensive involvement with the multiple aspects of the community,
beginning with the offender and his world and extending to the larger social
system.
3. Community-base corrections demand radically new roles for inmates, staff
and citizens.

Significance of Community-Based Corrections

1. Humanitarian Aspect – To subject anyone custodial coercion is to place him
in physical jeopardy, to narrow drastically his access to sources of
personal satisfaction and to reduce self-esteem.
2. Restorative Aspect – Concerns measure expected to achieve for the
offender a position in the community in which he does not violate the
laws. These measures maybe directed at change, control, or reintegration;
the failure of offenders to achieve these goals can be measured by
recidivism, and their success is defined by reaching specific objectives set by
correctional decision makers.
 3. Managerial Aspect – are of special importance because of the sharp
contrast between the per capita costs of custody and any kind of
community program. When offenders can be shifted from custodial control
to community-based programming without loss of public protection, shift be
made.

Community-Based Correction Programs

1. Probation – is a disposition, under which a defendant after conviction and
sentence is released subject to the conditions imposed by the Court and to
the supervision of a probation officer.
2. Parole – a conditional release from prison of a convicted person upon service
of the minimum of his indeterminate penalty.
3. Pardon – a form of executive clemency which is exercise exclusively by the
Chief Executive. Pardon may be given conditionally (conditional pardon) or
unconditionally (absolute pardon).
Note: For simple infraction of laws or ordinances, Community Service
may likewise be considered as community-based correction. This is imposed
to require the violators to render community service in lieu of payment of fine
and/or imprisonment.

Other Community-Based Correction Programs

In other jurisdictions, parole, probation and conditional pardon have always been
a way of community correction, but with technological advancement and considering the
psychology of convicted people, correction programs have widened to accommodate
the following:
1. Work releases;
2. Day fine programs;
3. Electronic monitoring;
4. Home confinement;
6. Half way houses - (place where people who have recently left prison, mental
hospital, can live unto; they are considered ready to live by themselves);
7. Boot camp prisons - (a place or undertaking that resembles a military boot) a
disciplinary facility);
8. Restitutions - (returning something that was lost or stolen to its owner);
9. Check-in programs;
10. Mediation (intervention between conflicting parties to promote reconciliation,
settlement or compromise);
11. Curfews;
12. Restorative justice centers;
13. Drug checks;
14. Alcohol checks; and
15. Other methods where there is a certain level of trust between the offenders
and the people involved.
Entities of the Government task for providing Community-Based Correction
1. Parole and Probation Administration (PPA)
- To conduct investigation of all cases in relation to parole, probation and
pardon.
- Responsible for the supervision of all parolees, probationers and conditional
pardon grantees.
2. Board of Pardons and Parole (BPP)
- Authority in granting pardon.
- Responsible for recommending the grant of pardon and executive clemency
to the President.
3. Department of Social Welfare and Development (DSWD)
- Handling of cases of Child in Conflict with the Law (CICL).

Benefits of Community-Based Corrections

1. Strengthening family ties through avoidance of broken family
relationships
- The treatment and rehabilitation of convicted offender is done outside the
institutional facilities hence, family members will not suffer broken family due
to imprisonment of one of its member.
2. Prevention and Influence Contamination
- Putting convicted felon to a prison may expose him to hardened criminals
who might influence him to be a more hardened criminal than before.
3. Engagement of Community Involvement
- Rehabilitation can be more effective with the help of the members of the
community.
4. Assurance of Individualized Treatment Approach
- These programs provide individualize treatment program for the convicts which
is if not available, it is hard to attain in correctional institution.
5. It is more economical than institution – based correction on the part of
the Government

Purposes of the Community-Based Correction

1. Facilitating convicts reintegration.
2. Fostering convicts rehabilitation.
3. Providing an alternative range of convicts punishments.
4. Heightening convicts accountability.

Functions of the Community-Based Correction

1. Client monitoring and supervision to ensure program compliance.
2. Ensuring public safety.
3. Employment assistance.
4. Individual and group counseling.
5. Educational training and literacy services.
6. Networking with other community agencies and business.
7. Reducing jail and prison overcrowding.
Current Issues and Concerns on Community-Based Correction
1. Public resistance against non-institutional correction.
2. Punishment against rehabilitation and reintegration (restore unity).
3. Convicted individual needs safety as well as the public.
4. Availability of rehabilitation services.
5. Education and training for rehabilitation service providers.
6. Coping with special needs of the convicts.

Review Questions:
Essay (20 points each)
1. In your own understanding, explain the difference as well as the advantages
and dis-advantages between Institutional Correction and Community-Based
Correction.

2. What are the aims of Diversion and how it should be entertained?

3. Give some points on the significance of pre-booking release of

misdemeanant.

4. What is the impact of Restorative Justice in the community?

5. When does Community Service be considered as a form of community-based

correction?

Topic 2 - PROBATION

Meaning of Probation
Probation – is derived from the Latin word “probare” which means to prove or
to test.
- It was coined by John Augustus.
- is a disposition, under which a person who is convicted of a criminal
offense is released subject to the conditions imposed by the
sentencing court and to the supervision of a probation officer.
- it is also a privilege granted by the court to a person convicted of a
criminal offense to remain in the community instead of actually going to
jail/prison.

Is a Probation is a right?
- Probation is a mere privilege and as such, its grants rests solely upon the
discretion of the court.

What are the objectives of Probation?

- To rehabilitate the offender by giving him individualized treatment.
 - To give the penitent offender the opportunity to reform which might be less
probable if he were to serve the imposed sentence in prison.
- To prevent the offender from committing another offense.

What are the advantages of Probation?

- The government spends much less when an offender is released on probation than
that offender be placed behind bars.
- The offender will remain in the mainstream of the society where he will be able to
work and thereby support his family, as will as indemnify damage to his victim.
- The offender and the offender’s family are spared from the embarrassment and the
dishonor of imprisonment or will be saved from the disgrace and after effects of his
conviction.

Basics and Concepts on Probation

1. As a system of instruction
The probationer will be placed under the supervision of probation officer
who shall be directly in charge of supervising and monitoring of the rehabilitation
program based on the conditions imposed by the court. Such control of the court
shall be considered continuing in character until such time that the court orders
the discharge from probation of the convict.
2. Suspend Imposition of sentence
Probation consists of the conditional suspension of the execution of
sentence while the convict is placed under the supervision of the execution of
sentence and is given individual guidance and treatment programs.
3. Provision for individualize treatment program
The basic purpose for probation is to provide an individualized treatment
program offering a first time or unhardened convict as an opportunity to be
rehabilitated without institutional confinement or imprisonment under the tutelage
of a probation officer and under the continuing power of the court to impose -
institutional punishment for his original offense in the event that he abuse such
as opportunity, and courts have a wide discretion to accomplish such events.

Predecessors of Probation
1. Money Compensation
Which is a precursor of our use of fines and restitution today, introduced
by the Laws of Babylon, Greece and Rome, for those crimes which did not affect
the safety of the state. Slaves having nothing of value to offer as compensation
received unmitigated cruel punishments.
2. Cities of Refuges
Sanctuaries where the accused was safe pending an investigation of his
criminal responsibility, introduced by the Jewish law for those who killed without
--premeditation. The Jews also gives some consideration for the individual in
lesser penalties for impulsive offenses than for planned murder.
3. Benefits of Clergy
 Seems to be the earliest device for softening brutal severity of
punishment. Dating back to reign of Henry II in the 13 th century originated in a
compromise with the church which had maintained that a member of the clergy
brought to trial by a King’s Court might be claimed from that jurisdiction by the
bishop of chaplain representing him, on the ground that he, the prisoner, was
subject to authority of the ecclesiastic courts only.
Note: The benefit resulting from this compromise which maintained
jurisdiction in the King’s Court was greater leniency in sentencing, and
particularly escapes from death penalty.
4. Judicial Reprieve
A temporary withholding of sentence, practiced by the English Court in
early 17th century, where they grant reprieves to prisoners under sentence of
death on condition that they accept deportation/transportation.
5. Banishment
Any description of the treatment of the crime in England must include
the system of transportation to her colonies, which grew from the ancient
practice of banishment and flourished for more than 200 years as a principal
method of disposing of offenders
6. Recognizance
The direct ancestors of probation, means “binding over for good
behavior”. An ancient practice developed also in England in the 14 th century,
originated as measure of preventive justice, involving an obligation of promise,
sworn to under court order by a person not yet convicted.
Note: Sureties or bail were usually required and the person who
stood surety had the power and the duty to enforce the conditions and
return the offender to court if he committed an offense during the specified
period or failed to comply with other conditions of his release.

Evolution of Probation
- Harsh Punishment were imposed on adults and children alike for
offences that were not always of a serious nature during the Middle ages.
Sentences such as branding, flogging, mutilation, and execution were common,
during the time of King of 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 that were concerned with the evolution of the justice
system. Slowly but resolutely, in an effort to mitigate these inhumane
punishments, a variety of measures were devised and adopted.
- Eventually, the courts began the practice of “binding over for a good
behavior,” a form of temporary release during which offenders could take
measures to secure pardons or lesser sentence. Controversially, certain courts
began suspending sentences.
Pioneers in the field of Probation
Two main individuals closely associated for the establishment of Probation;
1. Matthew Davenport Hill (1792-1872) ,an 18th century English barrister and
judge.
- Father of Probation in England
- English lawyer and penologist
- Born on the 6th of August 1792, at Birmingham
- As a young professional in England, Hill had witnessed the sentencing
of youthful offenders to one-day terms, on the condition that they will
be returned to a parent or guardian who could 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 track the offender’s progress and keep a running account.
2. John Augustus (1785-1859), a 19th century Boston- boot maker.
- Father of Probation
- Augustus was born in Woburn, Massachusetts in 1785.
- Recognized as the first true probation officer.
- By 1829, he was a permanent resident of Boston and the owner of a
successful boot-making business.
- In 1841, John Augustus attended the police court to bail out a
“common drunkard”, the first probationer. The offender was ordered to
appear in court three weeks later for 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 for probation. The
offender’s character, age, and the people, places, and things apt to
influence him or her were all considered.
- He was subsequently credited with the founding the investigation
process, one of the 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
his method of treating offenders.
- By 1858, he had provided bail for 1,946 men and women. 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 after his death in
1859, was widely attributed to his efforts.
Following the passage of that first statute, probation spread gradually
throughout the United States. The juvenile court movement contributed greatly to
the development of probation as legally recognized method of dealing with
offenders. The first juvenile court was established in Chicago in 1899.
Formalization of the intake process is credited to the founders of the Illinois
juvenile court. Soon after, thirty states introduced probation as a part of the
juvenile court procedure. Today, all states offer both juvenile and adult probation.

Other Important Persons and Events in the History of Probation

Governor Alexander H. Rice
- 30th Governor of Massachusetts
- He signed the first probation law that was passed by the
Massachusetts on April 26, 1878. The law provided for the
appointment and prescribed the duties of a salaried probation officer
for the courts of Suffolk Country.
Edward H. Savage
- An ex-chief of Police Boston named as the first probation officer.
Gardner Tuffs (1880)
- Director of Massachusetts Board of State Charities and
Corrections, reported in an address that the result of probation in
cases of juvenile offenders proved so decisively good that the
legislature authorize the city of Boston to appoint a probation officer
for adults at the session of legislature of the present year a statute
was enacted permitting the appointment of a probation officer for adult
offenders in every city and town in the state.
Vermont Act of 1898
- Second law on probation law in the history was enacted in Vermont. It
was the first to adopt the country plan.

In 1899, Rhode Island

- The third state passed probation law. A completely stated administered
system appeared first in Rhode Island. The act of 1899 empowered the
Board of State Charities and corrections to appoint a state probation
officer and additional probation officers.
New Jersey
- The fourth state to passes a general probation law after the New
England Model in 1900.
New York
- The fifth state to provide for adult probation.
In 1900
- Soon after his appointment as secretary of the Prison Association of
New York, Sammuel June Barrows began to campaign for probation
 law. His interest stemmed from his work in Boston where he had seen
the effect of probation law. A Unitarian minister and editor of the
Christian Register, he became in 1889, one of the founders of the
Massachusetts Prison Association, which took an active part in
extending probation in that state. A practical humanitarian, he thought
it a great pity to send so many persons found guilty of crime to prison.
Note:The British Probation of First Offender Act of 1887 and
Missouri Parole/Probation Law of 1897 are not considered as
probation laws. The reason for this is that no provision in the above
stated laws that provides for supervision of offender upon their
release for said privileges
Calvin Coolidge
- United States of America President who signed Probation Act which
is effective on March 4, 1925
John Marshall
- United States Chief Justice who used his discretion in modifying
the prescribed penalties and gradually developed more humane
methods of dealing violators of Law.

History of the Probation in the Philippines

1. Probation was first introduced in the Philippines during the American colonial
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----------------------------------------------------------period (1898-1945) with the
enactment of Act no. 4221 of the Philippine Legislature on August 7, 1935.
This law created a probation Officer under the Department of Justice.
2. 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 laws of procedural framework.
3. In 1972, House Bill No. 393
- Filed by Teudolo C. Natividad and Ramon Bagatsing. This is the
second Bill/measure that attempts to established an adult probation
in the Philippines. It was passed in the lower house but pending
in the senate when martial law was proclaimed.

4. 1975
-
After 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
sponsored by the National Police Commission and University of
the Philippines Law Center. The group overwhelmingly endorsed
the establishment of an Adult Probation System in the Country.
5. July 24, 1976
- Presidential Decree No. 968 also known as Adult Probation law of
1976 was signed into Law by the late President Ferdinand E.
 Marcos during the last day of the first national conference on Crime
Control held at Camp Aguinaldo.
- January 3, 1978 – effectivity of the application of the substantive
provisions concerning grant of probation.
6. The start 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 traineparoled, and the central agency
and probation field offices organized throughout the country. Fifteen selected
probation officers were sent to United States for orientation and training in
probation administration. Upon their return, they were assigned to be trainers for
the newly recruited probation officers.
7. January 3, 1978
- The. As more probation officers were recruited and trained, more field
offices were opened.

The Purposes of the Philippine Probation Law:

1. Promote the correction and rehabilitation by providing the offender with individual
treatment;
2. Provide an opportunity for the reformation of an offender which might be less
probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses. (Section 2, PD 968)
Other Purposes:
1. To establish a more enlightened and humane correctional systems that will
promote the reformation of offenders and thereby reduce the incidence of
recidivism: and
2. To avoid confinement of all offenders in prisons and other institutions for
rehabilitation that surely constitutes an onerous drain on the financial resources
of the government.
Note: As an individualize and community-based treatment –
Probation created a relationship between the probationer and a probation
officer, the latter exercising supervision over the former. This relationship
assumes the willingness of the probationer to be placed on probation.
o Probation supervision implies a systematic guidance and
assistance of the probation officer for personalized treatment for
the probationer. This constitutes the probationary treatment. A
community-based treatment underlines the goal of re-integrating
the probationer into the mainstream of society. Hence,
community involvement and support are important for the
development, recreation, education and other treatment and
prevention programs aimed at reducing the alienation of the
probationer from the community.
o As an opportunity for reformation Section 2 (b) express the
concept of probation as an opportunity for reformation. The
basis for such assertion is the idea that probation is a humane
correctional treatment of offenders. Inherently, the concept
 recognizes the lesser probability of reformation if a duly
convicted and sentenced offender is incarcerated thereby
directly causing disruption of his normal family and social
relationships. The opportunity to reform and assume a normal
life is greatly enhanced when the offenders is released, after
conviction and sentence, to the custodial supervision of a
probation officer. At this juncture, it must be noted that only
offenders who are likely to respond to individualize and
community –based treatment programs can avail of probation. It
is the ultimate goal of probation that probationers can be
productive members of the society thereby assuming family as
well as community responsibilities.
o To prevent the commission of offense – Probation is al
alternative to incarceration. It represents an enlightened and
humane correction system. Recognizing the likelihood that
crime is an outgrowth of a situation such as a family problem or
unemployment or the likelihood that the crime is significantly
related to other condition such as when the offender is suffering
from a mental illness or psychological abnormality. Probation
seeks to correct archaic belief that incarceration deters
commission of crimes. The means to achieve such is through
individualized and community-based treatment. Moreover, long
term imprisonment tends to erode the offender’s capacity for
responsibility and capability to assume respectable social life.
the objective of probation therefore, is for the protection and
welfare of the society through prevention of the commission of
crime.

3 Kinds of Probation Systems in the Philippines

1. Adult Probation Law or PD 968, as amended.
2. Child and Youth Welfare Code or PD 603.
3. Sec. 32, RA 6425 or the Dangerous Drugs Act of 1972 (former)
(now) CICL – Children In Conflict with the Law – Suspended Sentence

Amendments:
- PD 968 – took effect in July 24, 1976 but implemented on January 3, 1978
1. PD 1257 – took effect on December 1, 1977 – established a prolong but
definite period during which an application for probation may be granted by the trial
court.
2. BP 76 - took effect on June 30, 1980 - amended Section 9.A. The maximum
sentence covered by the Adult Probation Law was raised from 6 years to 6 years and 1
day.
3. PD 1990 – took effect July 15, 1986 – amended Secs. 4 and 9 of PD 968:
Section 4 – The application for probation should be filed within the period
for perfecting an appeal (15 days) and prohibits the grant of probation to a
defendant who has perfected an appeal from his judgment of conviction.
 Section 9 – The maximum sentence covered by the Adult Probation Law
was reduced and placed to its original text (maximum of 6 years) and all
the crimes against pulic obrder were placed out of the coverage of
probation.

Crimes/Offenses that are not Probationable

- Rebellion
- Sedition
- Treachery
- Espionage
- Violation of the Omnibus Election Code or BP 881
- Violation of RA 6727 or Wage Rationalization Act
- Violation of PD 1987 or Videogram Regulatory Act
- Direct Assault/ Assault upon a Person in Authority

Salient Points of Probation

Section 4 – Grant of Probation
- Subject to the provisions of this Decree, the trial court may, after it
shall have convicted and sentenced a 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 an 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
deemed a waiver of the right to appeal.
- An order granting or denying probation shall not be appealable.
Section 7 – Period for Submission of Investigation Report
- Within 60 days from receipt of the order of the court to conduct the
investigation.
- The court shall resolve the application for probation not later than 15
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 recognizance to 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
Section 9 – Disqualified offenders
Section 14 – Period of Probation
- The period of probation of a defendant sentenced to a term of
imprisonment of not more than 1 year shall not exceed 2 years, and in
all other cases, said period shall not exceed 6 years.
 - When the sentenced impose 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 or more than twice the total number of
days of subsidiary imprisonment at the rate established in Art. 39 of
RPC.
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
his civil rights lost or suspended as a result of his conviction and to
fully discharge his liability for any fine impose as to the offense for
which probation was granted.
Section 17 – Confidentiality of Records
- The investigation report and the supervision history of a probationer
obtained under this Decree 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 or his attorney to inspect the said documents whenever the
best interest of the probationer makes such disclosure desirable or
helpful.

Advantages of Probation
The implementation of the probation law will confer benefits and advantages not only
the society in general but more so on the part of the offender and the government.
1. For the society
- The philosophy of probation is that the community is responsible for
crime and its causation, that individuals can change and deserve a
second chance, and that it is for the greater good of society that
offenders not be summarily eliminated from productive life but brought
back to its fold in the quickest and least traumatic way possible.
Concretely, society is benefited by the probation system owing to the
continued presence therein of erring individuals who, notwithstanding a
previous error are, expected to have turned from their errors and to
continue serving the society. A different situation would result in the
incarceration of valuable human resources.
2. For the victim
- Probation provides restitution in favor of the victim. Hence, justice is
considered served.
3. For the convicts
- In the absence of probation as an alternative to incarceration, a
convicted individual would accumulative suffer the loss not only of
family contacts and job, but also with the mass treatment in prison,
loss of privacy or any privileges requiring exercise of personal freedom
 of choice. In addition to stigmatization, disruption of normal familial and
other meaningful relationship, such removal from productive
participation in the labor force results in deprivations for the loved ones
and innocent associates of the convict.
4. For the family of the convicts
- It does not deprive the children of their parents and a spouse for
her/his husband or wife hence, it maintains the family united.
5. For the government
The confinement of all offenders in prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of
the country. Probation is thus a less costly alternative to the imprisonment of
offenders. Adoption of the system which humanizes criminal law and penology
also demonstrates the governments’ adherence to the principle of human rights.
One other tangible benefit of probation is that it would help relieve congestion in
our jails and other institutional c
Nature and Character of Post – Sentence Investigation Report
- - It is a recommendatory in nature and persuasive in orrections.
character addressed to the sound discretion of the trial court considering that the
denial or grant of probation is a judicial function.

Full Blown Courtesy Investigation (FBCI)

- Is a general courtesy investigation from another city or provincial parole and
probation office, which request for a complete PSIR on a petition for probation pending
referral investigation in the probation office of origin.

When FBCI shall takes place:

1. Applicant for probation is a transient offender in the place of commissions of the
crime and/or a permanent resident of another place
2. He spent his pre – adolescent and/or adolescent life in the province or city of
origin
3. He attended and/or finished his education threat
4. His immediate family members, collateral informants or disinterested persons
and officials who can best authenticate the inter – family relationship, upbringing,
behavior of the applicant for probation in the community are residents of the
place of his origin.

Nature of Probation: Effect of the Grant of Probation

- Probation is but a mere privilege and as such, its grant or denial rests solely
upon the sound discretion of the trial court. After its grant it becomes a statutory right
and it shall only be cancelled or revoked for cause and after due notice and hearing.
- The grant of probation has the effect of suspending the execution of sentence.
The trial court shall order the release of the probationer’s cash or property bond upon
which he was allowed temporary liberty.

Application for Probation

 - The application for probation shall be filed by sentenced or convicted offender
whose sentence is not more than 6 years imprisonment. It shall be filed with the court
that tried and sentenced the offender.
- Section 32, RA 6425 (Dangerous Drug Act of 1972) Probation is granted to
drug addicts.
- PD 603, amended by PD 1179 (Child & Youth Welfare Code) probation to minor
offenders.
- PD 968 was approved only on July 24, 1976 and became operational on
January 3, 1978. Sentenced offenders 18 years and above can apply probation before
serving sentence.

Who can apply for probation?

- Any convicted offender who is not otherwise disqualified under the probation
law can apply.

Petition for Probation

Is there a need to apply for probation to avail of its benefits?
- Yes, it will not be granted except upon the application by the accused.
The necessity for such application is indicated in Sec. 4, PD 968, which states
that “the trial court may, after it shall have convicted and sentenced a defendant
and upon application by said defendant within the period of perfecting an appeal.

Obligations of Probationer:
1. Present himself to the probation officer within 72 hours from receipt of probation
order.
2. Report himself to the probation officer at least once a month during the period of
probation.
3. Not to violate the conditions of his probation.

When can a petitioner file his application for probation?

- The law says that the application should be made within the period for
perfecting an appeal or within 15 days from the promulgation of notice of judgment.

Is there a form prescribed for the application for probation?

- Yes, it shall be in the form approved be the Secretary of justice as
recommended by the Administrator or as may be prescribed by the SC.

Where can a petitioner file his application for probation?

-The application for probation be filed directly to the trial court that heard and
sentenced the person applying for probation.

What then be the duty of the court after receipt of the application?
- The trial court may notify the concerned prosecuting officer of the application at
a reasonable time before the scheduled hearing thereof.
Procedures in Applying for Probation:
1. The offender or his counsel files a petition with the convicting court.
2. The court determines convict qualifications and notifies the prosecutor of the
filing of the petition.
3. The prosecutor submits his comments on such application within 10 days from
receipt of the notification
4. If petitioner is qualified, his application is referred to the probation officer for post-
sentence investigation
5. The post-sentence investigation report (PSIR) is submitted by the probation
officer to the court 6within 60 days.
6. The court grants or denies the petition for probation within 15 days upon
receipt of the PSIR.

Effects of filing an application for Probation

a. The court may, upon receipt of the application suspend the execution of
sentence imposed in judgment;
b. Pending the submission of the PSIR and the resolution on the application,
the applicant may be allowed on temporary liberty under his bail, on a new bail,
or released on recognizance.

Who are disqualified to apply for Probation?

a. Those who were sentenced to serve a prison term of more than 6 years;
b. Those who were convicted of crimes against the security of the state (Art. 134 to
157 except 135, 140 and 152 of the RPC)/ convicted of subversion or any crime
against the national security or the public order;
c. Those previously convicted and punished by imprisonment of not less than 1
month and 1day and/or fine of not less than 200 pesos (include those punished
with Destierro);
d. Those who were previously granted probation under P.D. 968/ once placed on
probation;
e. Those who were already serving their sentence when probation became
applicable or took effect;
f. Those conviction is on appeal;
g. Those convicted of violation of Election Code Sec. 264, BP 881 as amended by
882, 883 and 884, Omnibus Election Code of the Philippines;
h. Those convicted of violation of Videogram Regulatory Board (Sec. 9, PD 1978
dated Oct. 5, 1985); and
i. Those convicted of violation of Wage Rationalization Act (Sec. 12, RA 6727).

Is the grant of Probation automatic if the sentence of imprisonment is 6 years or

less?
- No. The offender has to apply for probation with the sentencing court. However,
this application for probation will 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 the offender can be treated
better in a mental institution or other places for correction;
 b. The offender is a risk to the community or there is undue risk during the period of
probation that he will commit another crime;
c. Probation will depreciate the seriousness of the offense committed; and
d. The offense is grievous to the eyes of the community.

When and where shall an application for Probation be filed?

- The application shall be filed with the court that tried and sentence the offender
within the period of perfecting an appeal.

What happens if the application is denied?

- An order denying probation could no longer be the subject of an appeal, hence,
the suspended sentence shall be executed.

(cirsuerary) asking the trial court why they denied your petition

May the offender be released while his application for probation is pending?
- Pending submission of the investigation report and the resolution of the petition,
the offender may be allowed temporary liberty under his bail filed in the criminal case or
under recognizance.

If the offender is released on recognizance, when shall the custodian be relieved

of his responsibility?
- Generally, upon the grant of probation except otherwise specified by the court.

How many times an offender be granted probation under PD No. 968?

- Only once.

When Probation is granted, what conditions are imposed by the court?

a. The probationer must present himself to his probation officer within 72 hours from
his receipt of the probation order.
b. To report to his probation officer at least once a month.
c. Not to commit any other offense.
d. Comply with any other lawful conditions imposed by the court/ other conditions
which are not restrictive of his liberty or incompatible with his freedom
conscience.
Once probation is granted, are the conditions imposed and the period of
probation permanent?
- No, the court may, upon application of either the probationer and or the
probation officer, revise or modify the conditions of period of probation.

What happens if the conditions of probation is violated?

- Upon the report of the probation officer, the court may order the arrest of the
probationer and after due hearing and the violation is established, the court may revoke
or continue his probation and modify the condition thereof. If revoke, the court may
order the probationer to serve the sentence originally imposed.
- Prosecution of the new crime committed.
How long is the period of probation?
- If the sentence of the offender is imprisonment of 1 year or less, the period of
probation shall not exceed 2 years; and if the sentence is more than 1 year, the period
of probation shall not exceed 6 years.
- For offenders sentence to a fine only, the probation period shall be computed in
accordance with Art. 39 of the Revised penal Code as amended.
Note: Probation starts upon issuance of the court granting probation.

When should probation be denied?

a. The offender is in need of correctional treatment that can be provided more
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.

The offender may be released pending application for probation:

a. On the same bond he filed during trial
b. On a new bond
c. To the custody of a responsible member of the community if unable to file bond

When can the court modify the conditions for Probation?

a. At any time during supervision
b. After summary hearing when the probationer violated any of its conditions
c. Upon application by the probation officer or the probationer himself
Note: Only the judge who heard and decided the case has the power
to grant, deny, modify, revoke and terminate probation.

Outside Travel
1. Probation officer authorized the probationer to travel outside the area of the
operation for a period of 10 days but not exceeding 30 days;
2. If 30 days, Probation must file 5 days before travel a request to travel outside
for the approval of Probation authorities;
3. If more than 30 days Probation Authorities shall recommend for Court
Approval.
Change of Residence
1. The probationer must file a request for change of residence at the city or
provincial Parole and Probation officer to the court approval.
2. If approved, The RTC which has jurisdiction over the place shall have full control
of the probationer.

Who is a volunteer probation aide?

- He/she is a civilian of good repute and integrity, at least 18 years of age,
appointed by the Probation Administration to assists the POs in investigation and
supervision. A VPA is not entitled to salary but is given a reasonable travel
allowance.
Revocation of Probation
- At any time during the probation, the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probation.

Termination of Probation:
- After the probationer has satisfactorily completed the probation period, the
Probation Officer shall submit termination report to the court containing the ff:
o condition of probation
o program of supervision and response to treatment
o recommendation

Two ways of terminating probation:

1. After period of probation with satisfactory compliance with conditions of
probation.
2. Other ways of terminating probation:
a. Termination before the expiration of the perio(served at least 1/3 of the
imposed period but not less than 6 months)
b. Termination by pardon of the probationer (either absolute or conditional)
c. Deportation of the probationer – when an alien on probation is deported,
probation will necessary be terminated.
d. Death of probationer.

Rights Restored after Termination of Probation

a. All civil rights suspended when the offended was convicted and sentenced are
restored after the termination of probation
b. Liability to pay a fine is also discharged IN SUBSIDIARY IMPRISONMENT

How Can Probation help in the Prevention of Crime?

- When in the community, he is helped and given opportunities to be productive
and responsible instead of going to prison.
- Hopefully, these situations restrain the probationer from committing crime.

How can Community help in the Success of Probation?

1. Community accepting the probationers, giving them a feeling of
belongingness
2. Community agencies and schools are being opened for the training and
treatment of probationers
3. Community leaders and layman allowing the participation of probationers
in developmental programs
4. Religious organizations giving the probationers spiritual advice and
extending their social action programs to probationers
5. Various organizations providing temporary housing for probationers
 6. The community playing an equally important role after the termination of
probation, it should be ready for the reintegration of the individual into
community life.

Two types of Conditions of Probation:

1. Mandatory Conditions
a. Present himself to the probation officer assigned to undertake the supervision
at each place as may be specified in the order within 72 hours from receipt of
said order; and
b. Report to the probation officer at least once a month at such time and place
as specified by said order.
2. Discretionary Conditions
The court may require probationer to:
a. Cooperate with a program of supervision thru a therapeutic community
modality;
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, creation or residence
or persons on probation;
g. Refrain from visiting houses of ill-repute;
h. Abstain from drinking intoxicating beverages to excess;
i. Permit the probation officer or an authorized social worker to visit his home or
place of work;
j. Reside at premises approved by it and not to change his residence without
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.

Difference of Probation from Imprisonment and Parole:

1. Probation is an alternative to imprisonment. Instead of being confined in
prison, the probationer is released to the community by the court with conditions to
follow and is placed under the supervision of PO.
2. Parole is a conditional release of a prisoner whereby he is placed under the
supervision of a Parole Officer after serving his minimum sentence.
3. Probation is a community-based approach to reformation of offenders, while
imprisonment adopts the institutionalized approach.
4. Probation is handled by the Probation Administration while parole is
administered by the Parole Board
 5. Probation is enjoyed only once while parole may be granted more than once,
depending on good behavior during imprisonment.
6. Probation is more beneficent because it restores full civil rights to the
probationer upon termination unlike parole.
7. Probation is essentially a judicial function (under the control of the court) while
parole is an executive function (under the Parole Board).

Notes to remember:
Teodulo C. Natividad – Father of Probation in the Philippines.

First Probation Act of 1935 – (Act 4221) – August 7, 1935 was challenged in the
case of People vs. Vera, O.G. 164 (Vol. 37) on 3 grounds:
1. That said case act encroaches upon the pardoning power of the
executive;
2. That said act constitutes an undue delegation of legislative power; and
3. That said act denies the equal protection of the laws.

July 24, 1976 – PD No. 968 or Adult Probation Law was signed into law by then
Pres. Ferdinand E. Marcos.
3 main reasons why PD 968 was enacted:
1. One of the major goals of the government is to establish a more
Fenlightened and humane correctional system that will promote the
reformation of offenders and thereby reduce the incidence of
recidivism;
2. The confinement of all offenders in prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial
resources of the country; and
3. There is a need to provide a less costly alternative to imprisonment of
offenders who are likely to respond individualized community
treatment programs.

P.D. 1257
- Participation of the prosecutor in the determination of the application for
probation

P.D. 76
- The period of punishment which is probationable is extended from 6 years and 1
day.
P.D. 1990
- The period of punishment which is probationable is lowered again from 6 years
and 1 day to 6 years or less
E.0.292 (Administrative Code of 1987)
- Renamed the Probation Administration into Parole and probation Administration

Nature of Information Gathered

 - Strictly confidential and privilege

Nature of Post Sentence Investigation

- It is recommendatory in nature and address to the sound discretion of the trial
court

Effectivity of Probation
- Upon its issuance

Finality
- The order of the court granting or denying probation SHALL NOT BE
APPEALABLE.

Frequently Asked Questions:

1. What was the specific provision of PD 968, as amended, which was amended
by BP 76?
Answer: Sec 9, a. The maximum sentence covered by the Adult Probation Law
was raised from 6 years to 6 years and 1 day.
2. What were the specific provision of the Adult probation Law that was
amended by PD 1990? What are the effects of such amendments?
Answer: Section 4 and 9. So far as Section 4 is concerned, it is clear now that
the application for probation should be filed within the period of 15 days for
perfecting an appeal. As to Section 9, the maximum sentence covered by the
Adult Probation law was reduced and placed to its original text (MAXIMUM
SENTENCE OF 6 YEARS) and all the crimes against public order were placed
out of the coverage of probation. Likewise, the former provision (section 4)
prohibits the grant of probation to a defendant who was perfected an appeal from
his judgment of conviction.
3. If an accused is not disqualified for provision under Sec. 9, PD 968, as
amended, what are instances that could place him beyond the ambit of the
law?
Answer: One situation is when he is covered by Sec. 4 – either he filed an
application beyond 15 days period or he has perfected an appeal from the
judgment of conviction. Another situation is when he is covered by Sec. 8 which
refers to the criteria for placing an offender for probation. Here there are three
instances: The first is when he is in need to be imprisoned. The second is when
there is an undue risk that he will commit another crime while on probation. The
third and the last one is, when the grant of probation will depreciate the
seriousness of the offense he committed.
4. Is the grant of denial of probation appealable? Why?
Answer: No, because of express provision of Section 4, last paragraph.
5. What would be the remedy available to an accused if his petition is denied
and he believes that he is qualified for probation?
Answer: CERTIORARI as this is not considered as an appeal but a question as
to the soundness of the court’s decision.
6. Is probation a right or a privilege? When does it become a matter of right?
 Answer: Probation is only a privilege and its grant rests upon a sound discretion
of the court. But, when it is already granted, it becomes a right and cannot be
cancelled by judicial fiat as it requires observance of due process. There is no
such thing as automatic revocation of probation.
7. For purposes of local and foreign employment, can a probationer secure NBI
clearance without his case reflected therein? What are the basis?
Answer: Yes, per former Secretary of Justice Neptali A. Gonzales opinion No. 2,
s. 1987, dated March 3, 1987.
8. Can the probationer vote and be voted upon during election period? What are
the legal basis?
Answer: Yes, PPA MC No. 09 dated February 14, 1992 quoted Section 118
(Disqualification), Omnibus Election Code of the Philippines.
9. Is early discharge applicable to probationers? What are the legal basis?
Answer: Yes, the legal basis is DOJ Department Circular No. 37 dated May 5,
1976, which refers to the implementing guidelines on the early termination of
probation cases in relation to the New Service Manual.
10. Can an accused whose probationable sentence was appealed validly apply
for probation? Why?
Answer: No, because of the express provisions of Section 4, PD 968, as
amended.
11. Can an accused whose unprobationable sentence was reduced to a
probationable sentence after his appeal apply for probation? Why?
Answer: Yes, because from the readings of the Whereas clauses of PD 1990 he
is not covered by the provisions of Sec. 14, PD 968 as amended, as his first
opportune time to avail probation came only after his judgment.
12. What is the maximum period in case of probation?
Answer: Two and six years.
13. Who is considered as the father of probation in England, in US and in the
Philippines?
Answer: Matthew Davenport Hill in England, John Augustus in US and Teodulo
C. Natividad in the Philippines.
14. What are the records deemed confidential under Section 17 of Probation
Law?
Answer: The investigation report and the supervision history of the probationer
obtained under the law.
15. What is the effect of the order finally discharging a probationer from
probation?
Answer: His case will be deemed terminated and all his civil rights lost or
suspended will be ordered restored to him. Further, he will be fully discharge of
his liability as to fine imposed on him as to the offense for which he was placed
on probation (Sec. 16, 2nd paragraph).

Other terms to remember:

Probationer
- A person placed on probation
Absconding probationer
 - A person whose probation was granted but failed to report for supervision or fails
to continue reporting for supervision or whose whereabouts are unknown for a
reasonable period of time.
Probation officer
- One who investigates for the court a referral for probation or one who supervises
a probationer or both.
Petitioner
- An accused or defendant who files a formal petition for probation
Absconding petitioner
- A convicted defendant whose application for probation has been given due
course by the court but fails to report to the probation office or cannot be located
within a reasonable period of time.

Topic 3 - PAROLE AND PROBATION ADMINISTRATION (PPA)

Parole and Probation Administration (Formerly known as Probation

Administration)
- Created by virtue of Presidential Decree No. 968, “The Probation Law of 1976”’
to administer the probation system.
- Under Executive Order No. 292, “The Administrative Code of 1987” which was
promulgated on November 23, 1989, the Probation Administration was renamed
“Parole and Probation Administration” and given added function of supervising
prisoners who, after serving part of their sentence in jails are released on
parole/pardon with parole conditions.

Vision
A model component of the Philippine Correctional System that shall enhance the
quality of life of its clients through multi-disciplinary programs and resources, an efficient
organization, and a highly professional and committed workforce in order to promote
social justice and development.

Mission
To rehabilitate probationers, parolees, and pardonees and promote their
development as integral persons by utilizing innovative interventions and techniques
which respect the dignity of man and recognize his divine destiny.

Mandate
 The Parole and Probation Administration is mandated to conserve and/or redeem
convicted offenders and prisoners who are under the probation or parole system.

Goals
The Administration’s programs set to achieve the following goals:
- Promote the reformation of criminal offenders and reduce the incidence of
recidivism, and
- Provide a cheaper alternative to the institutional confinement of first-time
offenders who are likely to respond to individualized, community – based
treatment programs.

Functions
To carry out these goals, the Agency through its network and regional and field
parole and probation offices performs the following functions:
- To administer the parole and probation system
- To exercise supervision over parolees, pardonees and probationers
- To promote the correction and rehabilitation of criminal offenders

Core Values
a. Performance
- Efficient and effective accomplishment of tasks and targets, beginning with
individual officials and employees and throughput all units in the organizational
hierarchy, linked coherently and progressively toward the Agency Mission,
Vision, and Strategic Goals.
Teamwork – Working together to achieve shared goals
Resourcefulness and Innovativeness – exploring resources with
ingenuity, optimizing opportunities with creativity.
b. Professionalism
- High level of proficiency on the job resulting from mastery and conscientious
application of appropriate knowledge and skills, honed by sound judgment, self-
discipline and unceasing striving for excellence, and founded on a code of
conduct that respects the dignity of clients and fellowman.
Role Modeling – Serving and inspiring by example
Professional Excellence – achieving high standards for ethical and
quality service.
c. Accountability
- inherent obligation of every official and employee to answer for decisions, actions
and results within his/her authority, including proper and effective utilization of
resources in support of Agency policies and programs, with timely, complete and
accurate disclosure in required reports.
Responsibility – achieving expectations, answering for results.
Honesty and Integrity – being upright and transparent in transactions
and relations.

Service Objectives
 1. To provide the courts with relevant information and judicious recommendations
for the selection of offenders to be placed on probation.
2. To provide the Board of Pardons and Parole with necessary and relevant
information which can be used in determining a prisoner’s fitness for parole or
any form of executive clemency
3. To provide the Dangerous Drugs Board with pertinent information and prudent
recommendations for the determination of first-time minor drug offenders to be
placed on suspended sentence.
4. To effect the rehabilitation and integration of the probationers, parolees,
pardonees, and first-time minor drug offenders as productive, law-abiding and
socially responsible members of the community.
5. To prevent recidivism and protect the community through a well-planned
supervision of probationers, parolees, pardonees, and first-time minor drug
offenders.
6. To make use of innovative, and financially and technically feasible projects to
uplift the moral, spiritual, and economic condition of probationers, parolees,
pardonees, and first-time minor drug offenders by utilizing available community
resources as much as possible.
7. To continuously assess and improve professional performance in post-sentence,
pre-parole/executive clemency, and suspended-sentence investigation, case
management, and other related work.
8. To periodically review the Probation Law and its implementing rules so as to
reconcile the same with the evolving realities in the field.
9. To assiduously observe and uphold the professional ethics in the delivery of
services.

Administrative Objectives
1. To optimize operations through
a. Maximize functioning of existing units according to their respective duties.
b. Systematic expansion of services, according to the demands of
probation work and available resources.
c. Judicious utilization of limited agency resources so as to obtain desired
results in the best manner possible with the least expenditures of time,
efforts, and money.
2. To achieve a united approach to agency goals through integrated planning and
constant coordination among all units.
3. To develop a more efficient and up-to-date system for the collection, collation
and analysis of data relative to probation, parole and suspended sentence
caseloads, and their management.
4. To recruit qualified employees and volunteer aides, and to promote their
continuing professional development.
5. To continuously improve staff and line service through adequate personnel
supervision, relevant research, and periodic evaluation.
6. To generate greater public and inter-agency support for probation through an
integrated and systematic public information program.
 7. To actively participate in the government’s jail decongestion program, and in this
connection, to give priority to detention prisoners in our public information drives.
8. To cooperate and coordinate with other agencies of the government in the
accomplishment of national program thrusts.

Additional Function Under RA 9165

- By virtue of a Memorandum of Agreement with the Dangerous Drugs Board,
Effective August 17, 2005, the PPA performs another additional function of
investigating and supervising first-time minor drug offenders who are placed on
suspended pursuant to Republic Act No. 9165.

The PPA Administrator

The head of Parole and Probation Administration is known as the PPA Administrator
who shall be appointed by the President. He shall hold office during good behavior and
shall not be removed except for cause. His/her powers and duties are as follows.
1. Act as the executive officer of the PPA;
2. Exercise supervision and control over all probation officers;
3. 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;
4. Promulgate, subject to the approval of the Secretary of Justice, the necessary
rules relative to the methods and procedures of the probation process;
5. Recommend to the Secretary of Justice the appointment of subordinate
personnel of his Administration and other offices established under the Probation
Law; and
6. Generally perform such duties and exercise such powers as may be necessary
or incidental to achieve the objective of the Probation Law.

Assistant PPA Administrator

- There shall be an Assistant Probation Administrator who shall be appointed by
the President and shall assist the Administrator and perform such duties as may
be assigned to him by the PPA Administrator and as may be provided by law. In
the absence of the Administrator, he shall as head of the PPA.

Qualifications of the PPA Administrator and Assistant Administrator

1. At least 35 years of age
2. Holder of Master’s Degree or its equivalent in:
a. Criminology
b. Social work
c. Correction
d. -Penology
e. Psychology
f. Sociology
g. Public Administration
h. Law
i. Police Science
 j. Police Administration
k. Other related fields
3. At least 5 years of supervisory experience, or a member of Philippine Bar with at
least 7 years of supervisory experience.

Other PPA Officers:

Regional Parole and Probation Officers (RPPO)
- The RPPO shall be headed by Regional Probation Officer who shall be
appointed by the President upon the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all
probation officers within his jurisdiction and such duties as may be assigned to
him by the Administrator. Whenever necessary, he shall be assisted by an
Assistant Regional Probation Officer who shall also be appointed by the
President, upon recommendation of the Secretary of Justice.
Provincial and City Probation Officers
- There must 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 the civil service law and rules. The
Provincial and City Probation Officers shall exercise the following duties:
1. Investigate all persons referred to him for investigation by the proper court or the
administrator;
2. Instruct all probationers under his supervision od that of the probation aide on
terms and conditions of their probation;
3. Keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about improvement in their conduct
and conditions.
4. Maintain a detailed record of his work and submit such written reports as may be
required by the Administration or court having jurisdiction over the probationer
under his supervision.
5. Prepare a list of qualified residents of the province or city where he is assigned
who are willing to act as a probation aide;
6. Supervise the training of probation aides and oversee the latter’s supervision of
probationers;
7. Exercise supervision and control over all field assistants, probation aides and
other personnel; and
8. Perform such duties as may be assigned by the court or the Administration.
Field Assistants, Subordinate Personnel
- Regional, 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 27 of PD 968 as amended by RA
10707)

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 possesses the following qualifications:
 1. At least bachelor’s degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, police administration, or
related fields.
2. At least three (3) years experienced in work requiring any of the above-
mentioned disciplines, or is a member of the Philippine Bar with at least three (3)
years of supervisory experience.
Note: 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 25 of PD 968 as amended)

Power to Administer Oaths, to Take Disposition and be Considered as Person In

Authority
“Sec. 24. Miscellaneous Powers of Regional, Provincial and City Probation
Officers – Regional, 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 their care, the powers of
a police officer. They shall be considered as persons in authority.”

Volunteer Probation Assistants (VPAs)

“Sec. 28. Volunteer Probation Assistants (VPAs) – To assist the Chief Probation
and Parole Officers in the supervised treatment program of the probationers, the
Probation Administrator may appoint citizens of good repute and probity, who have the
willingness, attitude, and capability to act as VPAs.
“VPAs shall not receive any regular compensation except for reasonable
transportation and meal allowances, as may be determined by the Probation
Administrator, for services rendered as VPAs.”
“They shall hold office for a two (2) – year term which may be renewed or
recalled anytime for a just cause. Their functions, qualifications, continuance in office
and maximum caseloads shall be further prescribed under the implementing rules and
regulations of this Act.”
“There shall be a reasonable number of VPAs in every regional, provincial, and
city probation office. In order to strengthen the functional relationship of VPAs and the
Probation Administrator, the latter shall encourage and support the former to organize
themselves in the national, regional, provincial, and city levels for effective utilization,
coordination, and sustainability of the volunteer program”

Review Questions:
Essay (25 points each)

1. Discuss the main functions of the PPA.

2. Enumerate and discuss the core values of the PPA.

 3. Discuss the role of PPA Administrator and Assistant Administrator.

4. What is Executive Order No. 292? Explain.

Topic 4 - PAROLE

Parole, defined
- It refers to the conditional release of a convict from a correctional institution after
he serves the minimum term of prison sentence.
- The release of prisoners before the expiration of his maximum sentence.
I
The 1957 National Conference on Parole has defined it as
- “a method of selectively releasing an offender from an institution prior to
completion of his maximum sentence, subject to conditions specified by the
paroling authority.
- a method whereby society can be protected and the offender can be provided
with a continuing treatment and supervision in the community.”

Act 4103
- “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.”

Act 4203
-Created the Board of Pardons and Parole.

Principles of Parole
- The government extends to the convicts a privilege by releasing them from
prison before their full sentence is served.
- The government enters a release contract with the convicts in exchange for their
promise to abide by certain conditions.
- Convicts who violate the law or the conditions of parole can be returned to prison
to complete their sentences.
- The government retains control of parolees until they are dismissed from parole.

Terms to Remember
- Administration – refer to the Parole and Probation Administration.
- Administrator – refer to the administrator of Parole and Probation
Administration.
- Board – refers to the Board of Pardons and Parole.
- 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 appellate court, if
any; certificate of non-appeal, certificate of detention and other pertinent
documents of the case.
- Client – refer to a pardonee/parolee who is place on supervision.
- Director – refer to the Director of the Bureau of Corrections.
- Pardonee – refer to a person who is released on conditional pardon.
- Parole – refer to the conditional release of an offender from a penal institution
after he has served the minimum period of his prison sentence.
- Parolee - refer to a person who is released on parole.
- Parole Supervision – refers to the supervision/surveillance by Probation and
Parole Officer of a parolee.
- Prison Record – refers to the information concerning an inmate’s personal
circumstances, the offense he committed, the sentence is 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.
- Release Document – refers to the “Discharge on Parole” issued by the Board of
Pardons and Parole.

Inception of Parole
- Prior to the mid-nineteenth century most offenders were sentenced to flat or
determinate sentences in prison. Under this type of sentencing, an offender
received a specific amount of time to serve in prison for a specific crime. This
created a major problem when prisons became crowded. Governors were forced
to issue mass pardons or prison wardens had to randomly release offenders to
make room for entering prisoners.
- Credit for developing early parole systems is usually given to an Englishman,
Captain Akexander Macanochie, and an Irishman, Sir Walton Crofton.

Captain Alexander Macanochie (1787-1860)

- In 1840, Macanochie was appointed governor of the notorious English penal
colony at Norfolk Island off the coast of Australia. At the time. English criminals,
were being transported to Australia and those sent to Norfolk Island were
considered “twice condemned”; they had been shipped to Australia form England
and from Australia to island. Conditions were so bad that, allegedly, men who
received reprieves from the death penalty wept. The first thing Macanochie did
was to eliminate that flat sentence structure used in Norfolk at the time if his
arrival. Instead of requiring convicts to serve their sentences with no hope of
release until a convict could earn freedom by hard work and good behavior in the
prison. the earned marks could be used to purchase either goods or a reduction
in sentence. Prisoners had to pass through a series of stages beginning with
strict imprisonment through conditional release to final freedom. Movement
through the stages was depended upon the number of marks accredited.

Sir Walton Crofton (1815-1897)

 - Like Macanochie, Sir Walton Crofton believed the length of the sentence should
not be an arbitrary period of time but should be related to the rehabilitation of the
offender. After becoming the administrator of the Irish Prison System in 1854,
Crofton initiated a system incorporating three classes of penal servitude: strict
imprisonment, indeterminate sentences, and tickets-of-leave. This indeterminate
system or Irish system, as it came to be known. Permitted convicts to earn marks
to move from solitary confinement to a return to the community on a conditional
pardon or ticket-of-leave.

Zebulon Reed Brockway (1827-1920)

- Father of Prison Reform and Father of American Parole in the United States.
- A Michigan penologist, is usually credited with initiating indeterminate sentences
and parole release in the United States. Similar to Macanochie and Crofton,
Brockway believed inmates should be able to earned their way out of prison
through good behavior. Thus, they should receive a sentence that could vary in
length depending upon their behavior in prison. In his opinion, this had two
advantages. First, it would provide a release valve for managing prison
population. Second it would valuable in reforming offenders because they would
be earning release by demonstrating good behavior.
- Brockway had the opportunity to pioneer his proposal into practice in 1876 when
he was appointed superintendent of Elmira Reformatory for youthful offenders in
New York. Inmates of Elmira were graded on their conduct, achievement and
education. On the basis of their behavior in the reformatory, they were given
parole. Volunteer “guardians” supervised the parolees and submitted written
report documenting their behavior in the community. A condition of the parole
was that the offender report to the guardian each month.
- Thus by the turn of the century the major concepts underlying were in place in
the United States:
1. A reduction in the sentence of incarceration based in good behavior in
prison;
2. Supervision of the parolee in the community; and
3. Indeterminate sentences.
By 1901, twenty states had parole statutes and by 1944, every jurisdiction in the
United States had some form of parole release and indeterminate sentence.

Parole system in the Philippines

- It came into existence by the passage of Act 4103 as amended by Acts 4203 and
4225, otherwise known as the Indeterminate Sentence Law, which took effect on
Dec. 5, 1933.

Board of Pardons and Parole

- Administers the Parole system of the country.

Pre-Parole Investigation
- The Administration has been authorized by the Board to conduct pre-parole
investigation of deserving city, provincial and national prisoner confined in the
 city and provincial jails, the national penitentiary and penal colonies, whenever
their best interests and that of justice will be served thereby, and to submit
reports of said investigation at least 60 days before the expiration of the minimum
sentences of the prisoners concerned.

Person Qualified for Parole

- Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be
eligible for the grant of parole upon showing that:
a. He is confined in a jail or prison to serve an indeterminate prison sentence, the
b. maximum period of which exceeds one year, pursuant to a final judgment of
conviction.
c. He has served the minimum period of said sentence less the Good Conduct
Time Allowances (GCTA) earned.
d. There is a reasonable probability that if released, he will be law-abiding.
e. His release will not be incompatible with the interests and welfare of society.

Person Disqualified for Parole

Pursuant to Section 2 of Act 4103, as amended, otherwise known as the
“Indeterminate Sentence Law”, parole shall not be granted to the following inmates:
a. Those persons convicted of offenses punished with reclusion perpetua;
b. Those convicted of treason, conspiracy or proposal to commit treason or
espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’ etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents; 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 falisification,
are found guilty of any said crimes a third time or oftener;
f. Those who escaped from confinement or those who evaded sentence;
g. Those who were granted conditional pardon by the President of the Philippines
and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed 1 year or those
with definite sentence;
i. Those convicted of offenses punished with reclusion perpetua, or whose
sentences were reduced to reclusion perpetua by reason of Republic Act No.
9346 enacted on June 24, 2006, amending Republic Act No.. 7659 dated
January 1, 2004; and
j. Those convicted for violation of the laws on terrorism, plunder and transnational
crimes.

Composition of the Boards of Pardon and Parole

Chairman - Secretary of the DOJ
Ex-Officio - Probation Administrator of theParole and Probation Administration
Members:
a. Sociologist
 b. Clergyman/Educator
c. Psychiatrist
d. Person qualified for the work by training/experience and a member of
the Philippine BAR.

Eligibility for Review of a Parole Case

An inmate’s case may be eligible for review by the board provided:
1. Inmate is serving an indeterminate sentence the maximum period of which
exceeds one (1) year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate’s conviction is final and executory;
In case the inmate has one or more co – accused who had been convicted, the
director/warden concerned shall forward their person records and carpetas/jackets at
the same time.
4. Inmate has no pending criminal case; and
5. Inmate is serving sentence in the national penitentiary, unless the
confinement of said inmate in a municipal, city, district or provincial jail is
justified.
A national inmate, 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.

Consideration for the Grant of Parole and Conditional Pardon

Evidence that the petitioner will find legitimate source of livelihood upon release.
1. Petitioner has a place to establish residence.
2. Availability of after-care services for old, seriously ill or physically disable
petitioner.

Special Considerations for the Grant of Parole and Conditional Pardon

1. Old age, provided the inmate is below sixty (60) years of age when the crime was
committed;
2. Physical disability such as when the petitioner is bed-ridden, deaf – mute, a
leper, cripple or blind, provided such physical disability is not present when the
crime was committed;
3. Serious illness duly certified by a government physician; and
4. Similar circumstances which show that continued imprisonment will be inhuman
or will pose grave danger to the life of the petitioner.

Procedure
1. Review upon the petition or motu propio: forms and contents of the petition:
a. That the prisoner’s case is eligible for review by the board.
b. That he is not disqualified from being granted parole.
 2. Transmittal of carpeta and prison record by the Director of BuCor or Warden at
least one month prior to the date when his case shall be eligible for review.
3. Publication of Names of Prisoners being considered for Parole in a newspaper of
general circulation of those convicted of heinous crimes or those sentenced to
reclusion perpetua or life imprisonment and whose sentence has been committed
for release on parole.
4. Notice to offended party or his immediate relatives, personally or by registered
mail and given 30 days from notice within which to communicate their comment
to the Board regarding the contemplated grant of parole to the prisoner.

Deferment of Parole when safety compromised

- If based on the pre-parole investigation, there is clear and convincing evidence
that the release on parole will endanger his own life or those of his relatives, or
the life, safety and well – being of the victim, his relatives, his witness, and the
community, the release of the prisoner shall be deferred until the danger ceases.

Basic Guidelines for the Grant of Parole

The board may grant a prisoner parole based on reports regarding the prisoner’s
work and conduct on the study and investigation by the Board itself and its find the
following circumstances are present:
1. The prisoner is fitted by his training for release;
2. That there is a reasonable probability that, if released, he will live and remain at
liberty without violating the law; and
3. That is release will not be incompatible with the interests and welfare of society.

Rules after Grant of Parole

1. Transfer of Residence – a parolee may not transfer from one place of residence
designated in his Release Document without the prior written approval of the
Regional Director subject to confirmation of the Board.
2. Outside Travel – the Chief of Probation and Parole Officer may authorize a
parolee to travel outside his area of operational jurisdiction for a period of not
more than 30 days. A travel for more than 30 days shall be approached by the
Regional Director.
3. Travel Abroad and/or Work Abroad – any parolee under active supervision
surveillance who has no pending criminal case in any court may apply for
oversees work or travel abroad. However, such application for travel abroad shall
be approved by the PPA Administrator and confirmed by the Board.
4. Death of the Parolee – if a parolee dies during parole supervision, the PPO shall
immediately transmit a certified true copy of the parolee’s death certificate to the
Board recommending the closing of the case.
Note: Absence of the death certificate of the parolee, an affidavit narrating
the circumstances of the fact of the death from the barangay chairman or
any authorized officer or any immediate relative where the parolee
resided, shall suffice.

Reports to be accomplished by the Supervising PPO

1. Progress Report – when a parolee commits another offense during the period of
his parole supervision and the case filed against him has not yet been decided by
the court or on the conduct of the parolee while under supervision.
2. Infraction Report – when the parolee has been subsequently convicted of
another crime.
3. Violation Report – when a parolee commits 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.
4. Summary Report – after the expiration of the maximum sentence of a parolee,
the PPO concerned shall submit to the Board, through the Chief Probation and
Parole Officer, a Summary Report on his supervision of a parolee.
Notes:
o Upon the receipt of an Infraction Report, the Board may order the arrest or
recommitment of the parolee.
o The parolee 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.
o The clearances from the police, court, prosecutor’s office and barangay
officials shall attached to the Summary Report.
o Any infraction of the terms and conditions or release or any serious
deviation or non-observance of the obligation set forth in the parole
supervision program shall be immediately reported by the Parole and
Probation Officer to the BPP.
o The infraction report is confidential and may not be examined by the
parolee/pardonee who is the subject thereof.
o Upon receipt of the infraction report, the BPP shall immediately order the
arrest of the parolee/pardonee.
o The BPP may order the recommitment to prison of the rearrested
parolee/pardonee if it finds that the continuation of the parole/pardon is
incompatible with public welfare.
o The parole/pardon violator recommitted to prison shall serve the
remaining un-expired portion of his maximum sentence . But the BPP may
grant a new parole after the recommitted parolee shall have served one –
fourth (1/4) of the un-served portion of his sentence.
o Upon the expiration of the maximum sentence of the parolee/pardonee,
the BPP may, upon the recommendation of the PPA, issue a Certificate of
Final Release and Discharge (CFRD) to a parolee or recommend to the
President that a similar certificate be issued to a pardonee.
o Police, court and prosecutor and such other clearances as may be
required by the BPP shall be attached to the PPA recommendation.
o A certified true copy of the CFRD shall also be furnished the sentencing
court.
o CFRD finally releases the parolee/pardonee from the conditions he is
obligated to comply. However, the accessory penalties, which have not
been expressly remitted in the Certificate, shall continue to subsist.
Termination of Parole Supervision
- Certificate of Final Release and Discharge – upon the receipt of the Summary
Report, the Board shall, upon the recommendation of the Chief Probation and
Parole Officer that the parolee has substantially complied with all the conditions
of his Release Document, issue to the parolee a certificate of Final Release and
Discharge.
- Effect of Certificate of Final Release and Discharge – upon the issuance of a
certificate of Final Release and Discharge, the parolee shall be finally released
and discharge from the conditions appearing in his release document.
Note: The accessory penalties of the law which have not been expressly
remitted therein shall subsist.

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 parolee, the
court which imposed the sentence, the PPO concerned, the BuCor, the NBI, the PNP
and the Office of the President.
1. Petition, contents and endorsement
2. Time and form of application
3. Transmittal of carpeta and prison records

Following factors will be considered by the BPP in granting parole or conditional

pardon:
1. Evidence that petitioner will find legitimate source of livelihood upon release;
2. Petitioner has a place to establish residence; and
3. Availability of after-care services for old, seriously ill or physical disabled
petitioner.
Notes:
- Aliens granted parole or pardon by the BPP shall be turned over to the Bureau of
Immigration and Deportation for disposition, documentation and appropriate
order.
- In case the petitioner has co-accused, the prison record, carpeta and other
relevant documents of the petitioner’s co-accused shall also be considered.
- Any member of the BPP or government official authorized by the BPP may
interview inmates in prisons and jails to determine whether or not they may be
released on parole or granted executive clemency.
- The board member shall make a verbal report of the results of the interview as
indicated in Sec. 17 which states that 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 of 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 the 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 while
the government official authorized by the BPP to interview prisoners shall submit
a written report thereon to the BPP within fifteen (15) days from the date of
interview.
- A parole or pardon may be cancelled by the BPP if it is found that a material
information furnished by the parolee/pardonee, either before or after release, was
incomplete or the parolee/pardonee had willfully or maliciously concealed
material information from the BPP.

Frequently Asked Questions:

1. What is Parole?
- It is a conditional discharge of a prisoner after he has served the minimum period
of his indeterminate sentence.
2. What are the objectives of Parole?
- To uplift and redeem valuable human resources to economic usefulness.
- To prevent unnecessary and excessive deprivation of personal liberty.
3. Who are disqualified to be granted parole?
- Those convicted of an offense punished with Reclusion Perpetua;
- Those convicted of treason, conspiracy or proposal to commit treason;
- Those convicted of misprision of treason, rebellion, sedition or espionage;
- Those convicted of piracy;
- Habitual delinquents;
- Those who escape from confinement or evaded service of sentence;
- Those who were granted conditional pardon and violated any of the terms
thereof;
- Those whose maximum term of imprisonment does not exceed one (1) year or
are with a definite sentence (i.e. a sentence with no minimum period of
imprisonment);
- Those certified as suffering from mental disorder;
- Those whose conviction is on appeal;
- Those who have a pending criminal case for an offense committed while serving
sentence.
4. When is a prisoner eligible for Parole?
- A prisoner shall be eligible for parole upon showing that he is confined in jail or
prison to serve an indeterminate prison sentence, and has already served the
minimum period of said sentence.
5. When may a prisoner granted a discharge on parole?
- Whenever the Board of Pardon and Parole (BPP) finds that there is a reasonable
probability that if releases, the prisoner will be law abiding and that his release
will not be incompatible with the interest and welfare of society.
6. What happens if the conditions of parole are violated?
- After conducting investigation, the Board shall immediately order the arrest of the
paroled individual.
7. When may the Board order the recommitment to prison of the rearrested paroled
individual?
- If the Board finds the continuation of his parole is incompatible with the public
welfare otherwise, the conditions will be modified accordingly.
8. What is the effect of recommitment?
- The paroled individual so recommitted shall be made to serve the remaining
unexpired portion of the maximum sentence for which he was originally
committed to prison.
9. What is the purpose of Parole supervision?
- So that the client (Parolee) may be guided and assisted towards rehabilitation.
10. What is meant by Executive Clemency?
- It refers to the Commutation of Sentence. Conditional Pardon and Absolute
Pardon as may be granted by the President upon recommendation of the Board.
11. What is Commutation of Sentence?
- It shall refer to the reduction of the duration of a prison sentence or of death
penalty to life imprisonment.
12. What is Conditional Pardon
- It shall refer to the conditional exemption of an individual from the punishment
which the law inflicts for the offense he has committed.
13. What is Absolute Pardon
- It shall refer to the total extinction of the criminal liability of the individual to whom
it is granted without any condition whatsoever resulting to the full restoration of
his civil rights.
14. When shall a petitioner be eligible for the grant of clemencies (commutation of
sentence, conditional pardon and absolute pardon)
- Generally: for Commutation of Sentence, the petitioner must have served at least
1/3 of the minimum of his indeterminate sentence; for Conditional Pardon, the
petitioner must have served at least ½ of the minimum of his indeterminate
sentence; and for Absolute Pardon, ten years must have elapsed from the date
of release of the petitioner from confinement, or five (5) years from the date of his
expiration of hos maximum sentence, whichever is more beneficial to him.
15. Where shall a petition for parole, commutation of sentence, conditional pardon
and absolute pardon be filed?
- It shall be filed with the Board of Pardons and Parole and address as follows;
“The President of the Philippines
through: The Chairman Board of Pardons and Parole, Manila”
16. When was the supervision of parolees and pardonees officially transferred to
PPA?
- January 1990.
17. What is the basis of PPA to conduct pre-parole/pre-executive clemency
investigation?
- BPP Resolution No. 229, dated April 2, 1991, in relation to EO No. 292.
18. What are the five pillars of Criminal Justice System in the Philippines?
- Community, Law Enforcement, Prosecution, Court and Corrections.
19. When did the parole system came into existence in the Philippines?
 - By the passage of Act 4103, as amended, otherwise known as the Indeterminate
Sentence Law, on December 5, 1933.
20. What are the objectives of parole system?
- To uplift and redeem valuable human resources; and individualize the
administration of the criminal law.
21. For purpose of local and foreign employment, can a parolees and pardonees
secure NBI clearances without their respective cases reflected therein?
- Yes, as per former Secretary of Justice (Silvestre H. Bello III) Opinion No. 154, s.
1991, dated November 14, 1991. It is covered by PPA MC No. 63 dated
November 26, 1991.
22. What is the legal basis for following parolees and pardonees to work overseas?
- BPP Resolution No. 842, dated December 17, 1991. It is covered by PPA MC
No. 41, dated September 1, 1992.
23. Can the parolees and pardonees vote and be voted upon during election period?
What is the legal basis?
- Yes, BP No. 881, while they are under parole supervision and during the 5 years
period after their service of sentence.
24. What is the maximum period in case of parole and conditional pardon?
- 5 years.
25. Is early discharge applicable to parolees and pardonees? What is the legal
basis?
- Yes, the legal basis is PPA Memorandum dated January 14, 2000 which states
the unwritten policies of the BPP, to wit: the client had been placed under parole
supervision for 5 years and that he regularly reported during the said period; he
is fully rehabilitated; and, he has paid the civil liability or declared insolvent.
26. When does one qualifies for conditional pardon? For commutation of sentence?
- For conditional pardon, a prisoner must serve at least 1/3 of the minimum
sentence or has served at least 75% of the minimum period of his commuted
sentence or has only 1 to 2 years remaining of the unserved portion of the
minimum period of his commuted Indeterminate sentence (BPP Res. No. 7452,
dated July 20, 1999). To be eligible for commutation of sentence, a prisoner must
serve at least ¼ of his minimum sentence.
27. Under BPP Res. No. 6778, dated September 17, 1998, what are the additional
requirements for the confirmation of approved transfer of Residence of a
parolee/pardonee?
- Both the referring and receiving CPPOs should verify if the reason contained in
the request are true and correct. Further, a statement that a client has complied
religiously with the parole conditions should be attached to the request, Thus,
there is a need for CIR on this matter.
28. Is there a need for the publication of the names of inmates eligible for release on
parole?
- Yes, as quoted in PPA MC No. 05, s. 2000, dated February 28, 2000; BPP Res.
No. 8053, dated February 16, 2000 amended section 46, Rules and Regulations
of the BPP and require such publication in effect.

Review Questions:
Essay (25 points each)

1. What is the composition of the Board of Pardons and Parole and their
respective responsibilities?

2. What are the rules in considering parole cases? Explain each.

3. What are the rules after the grant of parole?

4. What are the reports to be accomplished by the supervising PPO? Discuss

each.

Topic 5 – PARDON AND OTHER FORMS OF EXECUTIVE CLEMENCY

Pardon, Defined
Pardon is a form of executive clemency granted by the President of the
Philippines as a privilege extended to convict as a discretionary act of grace.
- It is an act of grace and the recipient of pardon is 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 or judicial notice by the court. Neither does the Legislative
Branch of Government have the right to establish condition nor provide
procedures for the exercise of the same. Hence, it is vulnerable for abuse by the
executive.
- Pardon is a form of executive clemency which is exercised by the Chief
Executive.
Absolute Pardon refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the particular offense of
which he was convicted. The purpose of absolute pardon are:
1. To right a wrong – Under this sort of situation, it is thus that many who
were sent to prisons are innocent while equally many of those who
should be behind bars remained scot-free. When those convicted
innocents have exhausted all remedies obtainable through the courts,
and there are no more available, the last recourse in righting that
wrong is absolute pardon.
2. To normalize a tumultuous political situation.
Conditional Pardon refers to the exemption of an individual, within certain limits
or conditions; from the punishment that the law inflicts for the offense he has committed
resulting in the partial extinction of his criminal liability. It is also granted by the
President of the Philippines to release an inmate who has been reformed but is not
eligible to be released on parole.
Section 19, Article VII of the 1987 Constitution:
“Except in cases of impeachment or as otherwise provided in this Constitution,
the President may grant reprieve, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.
 He shall also have the power to grant amnesty with the concurrence of majority
of all members of the congress”

Brief History
Pardon was begun from the Pre-Christian Era. In fact the Holy Bible contains an
allusion where a criminal was released and pardoned by the king at the time Christ was
crucified.
The exercise of Pardoning Power has always been vested in the hands of
executive branch of the government whether a king, queen, president or governor.
In England, pardon developed out of the conflict between the King and the
Nobles who threatened his power. 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 the United States, pardon among early American colonies was carry-over of
English practice. The Pardoning power was exercised by 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 the United States, pardon among early American colonies was a carry-over of
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 Governors in Federal and State cases respectively.

Kinds of Pardon
1. Absolute Pardon
- It is an absolute pardon when it is granted by the Chief Executive without any
conditions attached. Absolute pardon serves to wipe away the guilt of a
pardonee, and makes him innocent as if he has not committed any crime.
- Refers to the total extinction of the criminal liability of the individual to whom it is
granted without any condition whatsoever and restore to the individual his civil
rights and remits the penalty imposed for the particular offense of which he was
conceived.
Notes:
o It is granted in order to restore full political and civil rights to convicted
persons who have already served their sentenced and have reached the
prescribed period for thee grant of Absolute Pardon.
o Absolute pardon existing policies regarding the grant of absolute pardon
under this scheme is that ten years after the release from prison must
pass before an ex-convict applying for said pardon will be granted.
Eventually, the ten-year period was shortened to five years.
o This waiting period is required to make sure that the applicant is truly
reformed and has been restored to the mainstream of society.

Purposes of Absolute Pardon

 1. To do away with miscarriage of justice.
2. To keep punishment abreast with the current philosophy, concept or practice in
the administration of justice.
3. To restore full political and civil rights of the persons who have already served
their sentence and have waited the prescribed period.
4. To avoid political crisis or tumultuous political situation.

2. Conditional Pardon
- It is conditional when it is granted by the Chief Executive subject to the conditions
imposed on the recipient and accepted by him. Usually, the person granted with
conditional pardon has served a portion (at least ½ of the minimum of his
indeterminate sentence) of his sentence in prison.
- on the other hand, refers to the exemption of an individual, within certain limits or
condition; from the punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability.
Notes:
o Condition pardon is also granted by the President of the Philippines to
release an inmate who has been reformed but is not eligible to be
released on parole.
o This is applicable to inmate who were slapped a fixed or determinate
sentenced or life imprisonment who are, otherwise, not eligible for parole.
o It has the nature of a contract in which the pardonee agrees to comply
strictly with the conditions imposed by the pardon, otherwise, violations of
the conditions will revoke the contract of conditional pardon and the
pardonee will be criminally prosecuted as a violator.
o In certain cases, the Board of Pardons and Parole may require a petition
for conditional pardon to be accompanied by a written guarantee of the
person with whom the petitioner will reside that the latter will behave
properly upon release from confinement.
o Under Article 95 of the Revised Penal Code, a pardon violator upon
conviction will be liable for imprisonment of “prison correctional”.
o But under Article 159 of the Revised Penal Code, if the un-expired portion
of the original sentence of the pardonee exceeds six years, then this more
six years of pardoned sentence will have to be fully served by the
recommitted pardon violator.

How to Avail the Privilege of Conditional Pardon?

- To avail of this privilege, a qualified inmate, his family or relative, or upon the
recommendation of prison authorities will file a petition for conditional addressed
to the President. The request will be forwarded to the Board of Pardons and
Parole, which will process the same before making their appropriate actions.

Limitations of the Pardoning Power of the President

The following are the limitations of the pardoning power of the President:
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 (as for refusing to answer a proper
question as a witness in a case);
4. In case of violation of election law or rules and regulations, no pardon, parole,
or suspension of sentence maybe granted;
5. Cannot be exercised to violation of tax laws.

Is the Pardoning Power of the President Absolute?

No. the Constitution itself provides for limitations to wit:
1. Pardon cannot be granted in cases of impeachment
- Section 19, Article VII of the 1987 Constitution). In a very strict sense, an
impeachment proceeding is not judicial proceeding neither criminal prosecution
and therefore beyond the ambit of Pardoning Power. But when the government
official is already impeached from his office and later on charged and convicted
criminally in an ordinary criminal action, the President may extend pardon to him.
2. No Pardon can be granted for violation of any election laws, rule and
regulation without the favorable recommendation of the Commission on
Election
- (Section 5, Article IX (C). This provision is a good guard for the President in
exercising this power in favor to her political party mates who violated election
laws for her to win the presidency.
Under Section 5 of the General Guidelines for Recommending Executive
Clemency which is approved and released by the Department of Justice on June
26, 2003, provides among other that:
“The Board of Pardons and Parole shall refer matters pertaining to
executive clemency for comment and recommendation as follows:
1. To the Commission on Elections, if it involves violation of election laws,
rules and regulation.
2. To the Secretary of National Defense and Secretary of Interior and Local
Government, if it involves crimes against national security or public order
or the law of nations, and
3. To the Department of Foreign Affairs, if the prisoner is an alien.
It is worth to note that in the case of number 2 and 3, the President may
disregard these because it is not belong to the Constitutional Limitations in
exercising pardon.
3. Pardon can be granted only after conviction by final judgment.
- There is no room for pardon when case has not been yet reached its finality. In
the case of former President Estrada, his appeal form the judgment of
Sandiganbayan was withdrawn to make it final and for him to avail the privilege
of pardon.
4. Pardon must yield to the Doctrine of Separation of Powers.
- A pardon cannot be extended to a person convicted of legislative contempt, as
his would violate said doctrine, or civil contempt since this would involve the
benefit not of state itself but of the private litigant whose rights have been
violated by the person declared contempt.
- It is also a well settled that pardon cannot be extended for the purpose of
absolving the pardonee of civil liability, including judicial costs, since again, the
 interest that is remitted does not belong to the State but to the private litigant.
Pardon also will not restore offices forfeited.

Board of Pardons and Parole (BPP)

- The Board of Pardons and Parole is the administrative arm of the President of
the Philippines in the exercise of his constitutional power to grant pardon.

Factors to be considered by the Board of Pardons and Parole in recommending

pardons to the President
In acting on petitions for pardon, the BPP shall consider, among others, the
following.
1. Age of the petitioner;
2. The gravity of the offense;
3. The manner in which it was committed; and
4. The institutional behavior or conduct and previous criminal record if any of the
petitioner.
However, the BPP may consider a petition for absolute pardon ever before
the lapse of the periods provided by the guidelines, in special cases such as
when the petitioner is seeking reinstatement in the government service, needs to
go abroad to undergo medical treatment which is not available in the country, will
take government or Bar examination or is immigrating.

Extraordinary Circumstances
The Board shall recommend to the President the grant of executive clemency
when any of the following extraordinary circumstances are present:
a. The trial court or appellate court in its decision recommended the grant of
executive clemency for the inmate;
b. Under the peculiar circumstances of the case, the penalty imposed is too harsh
compared to the crime committed;
c. Evidence which the court failed to consider, before conviction which would have
justified an acquittal of the accused;
d. Inmates who were over fifteen (15) years but under eighteen (18) years of age at
the time of the commission of the offense;
e. Inmates who are seventy (70) years old and above whose continued
imprisonment is inimical to their health as recommended by a physician of the
Bureau of Correction Hospital and certified under oath by a physician designated
by the Department of Health;
f. Inmates who suffer from serious, contagious or life-threatening illness disease, or
with severe physical disability such as those who are totally blind, paralyzed,
bedridden, etc., as recommended by a physician of the Bureau of Correction
Hospital and certified under oath by a physician designated by the Department of
Health;
g. Alien inmates where diplomatic considerations and amity among nations
necessitate review; and
h. Such other similar or analogous circumstances whenever the interest of justice
will be served thereby,”
Other Circumstances
- When none of the extraordinary circumstances enumerated in section 3 exist, the
board may nonetheless review and/or recommended to the president the grant of
executive clemency to an inmate provided the inmate meets the following
minimum requirements of imprisonment:
1. For Commutation of Sentence, the inmate should have served:
a. At least one third (1/3) of the definite or aggregate prison terms;
b. At least one half (1/2) of the minimum of the indeterminate prison term
or aggregate minimum of the indeterminate prison terms;
c. At least ten (10) years for inmates sentenced to one (1) Reclusion
Perpetua or one (1) life imprisonment, for crimes/offenses not
punished under Republic Act no. 7659 and other special laws;
d. At least thirteen (13) years for inmates whose indeterminate and/or
definite prison terms 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;
e. At least fifteen (15) years for inmates convicted of heinous
crimes/offenses as defined in Republic Act no. 7659 or other laws,
committed on/or after January 1, 1994 and sentenced to one (1)
reclusion Perpetua or one (1) life imprisonment;
f. At least eighteen (18) years for inmates convicted and sentenced to
reclusion Perpetua or life imprisonment for violation of republic act no.
6425, as amended, otherwise known as “The Dangerous Drugs Acts of
1972”or republic act no. 9165 also known as “the comprehensive
dangerous drugs act of 2002” and for kidnapping for ransom or
violation of the laws on terrorism, plunder and transnational crimes;
g. At least twenty (20) years for inmates sentenced to two (2) or more
reclusion Perpetua or life imprisonment even if their 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;
h. At least twenty five (25) years for inmates originally sentenced to death
penalty nut which was automatically reduced or commuted to reclusion
Perpetua or life imprisonment.
2. For Conditional Pardon
o an inmate should have served at least one half of the maximum of the
original indeterminate and/or definite prison term.

Notice to the Offended Party

- In all cases when an inmate is being considered for executive clemency, the
board shall notify the offended party or, in the event that the offended party is
unavailable for comment or otherwise cannot be located, the immediate relatives
of the offended party. Said persons shall be given thirty (30) days from notice to
comment on whether or not executive clemency may be granted to an inmate.
Provided that, in matters of extreme urgency or when the interest of justice will
be served thereby, such notice may be waived or dispensed with by the Board. In
 such a case, the board shall explain the reason for the waiver of such notice in
the board resolution recommending executive clemency.

Publication of Names of those Being Considered for Executive Clemency

- The board shall cause the publication once in a newspaper of national circulation
the names of inmates who are being considered for the executive clemency.
Provided, however, that in cases of those convicted of offenses punished with
reclusion Perpetua or life imprisonment by reason of republic act no. 9346,
publication shall be once a week for three (3) consecutive weeks.
- Any interested party may send to the board written
objectives/comments/information relevant to the cases or inmates being
considered for executive clemency not later than thirty (30) days from date of
publication.
- Provided that, in matters of extreme urgency or when the interest of justice will
be served thereby, above publication may be waived or dispensed with. In such
publication, in the board resolution recommending executive clemency.

When the pardon grantee fails to comply with the conditions of pardon
- In case of violation of any provision of the conditional pardon, the pardon itself I
deemed invalidated and the pardonee may be either recommitted by the
President under the Administrative Code or prosecuted for violation of conditional
pardon under Article 159 of the Revised Penal Code.
- Under the revised penal code, the penalty of prison correctional in its minimum
period shall be imposed upon the convict, except when the penalty remitted is
higher than six years, in which event shall serve the unexpired portion of his
original sentence.

Revocation of conditional pardon by the President shall not be reviewed by court

- The determination of violation of conditional pardon rest exclusively in the sound
judgment of the Chief Executive and the courts will not interfere by way of review
with any of its findings.

Legal Effect of Pardon

- The legal effect of pardon is to restore not only the convict’s liberty but also his
civil and political rights. However, in the case of Monsanto v. Factoran, the
Supreme Court declares that “pardon does not ipso facto restore a convicted
felon to public office necessarily relinquished or forfeited by reason of the
conviction although such pardon undoubtedly restores his eligibility for
appointment to that office”

AMNESTY
- Is a general pardon extended to a group of persons generally exercised by the
Chief Executive with the concurrence of congress.
- It is an act of sovereign power granting oblivion or general pardon for past
offense and rarely, if ever, exercised in favor of single individual is usually
 exerted in behalf of certain classes of person who are subjected to trial but not
have been convicted.
- On the other hand, Amnesty needs the concurrence of Congress and the
courts also take judicial notice of the act by the President.
Note: Amnesty can be availed of before, during and after the trial of the
case, even after conviction.
Pardon
- Pardon is granted by the chief
executive and therefore it is a
private act which must be pleaded
and proved by the person
pardoned because the courts take
no notice thereof
- It can only be granted after
conviction
- It is granted to individual
- Pardon looks backward and
relieves the offender from the
consequences of an offense of
which he has been convicted. It
abolishes or forgives the
punishment, and for that reason it
does not work the restoration of
the rights to hold public office, or
the right of suffrage, unless such
rights be expressly restored by the
terms of the pardon, and it in no
case exempts the offender from
payment of the civil indemnity
imposed upon him by the
sentence.
As to the number of those who can
avail
- Pardon includes any crime and is
exercised individually by the Chief
Executive.
As to the time to avail
- Pardon is exercised when the
person is already convicted
Amnesty
- It is the proclamation of the chief
executive with the concurrence of
the congress, hence it is a public
act which the court should take
judicial notice
- Amnesty can be granted before or
after the institution of the criminal
prosecution and sometimes after
conviction
- Granted to classes of persons or
communities who may be guilty of
political offenses
- Amnesty looks backward and
abolishes and puts into oblivion the
offense itself, it so overlooks and
obliterate the offense with which
he is charge that the person
released by amnesty stands before
the law precisely as through he
had committed no offense.
As to the number of those who can
avail
- Amnesty is a blanket pardon
granted to a group of prisoners,
generally political prisoners.
As to the time to avail
- amnesty maybe given before trial
or investigation is done
As to the Consent of Congress

As to the Consent of Congress
- Pardon is granted by the Chief
Executive and such as private act,
which must plead and proved by
the person pardoned because the
court takes no choice thereof.
As to the Effect
- Pardon is an act of forgiveness,
i.e. it relieves the offender from the
consequences of the offense
- Amnesty is by proclamation with
concurrence of congress, and it is
a public act, which the court should
take judicial notice.
As to the Effect
- while amnesty is an act of
forgetfulness. i.e. it puts into
oblivion the offense of which one is
charged so that the person as if he
had never committed the offense.

As to the Crime committed

- Amnesty, for crimes against
As to the Crime committed sovereignty of the state (ex.
- Pardon is granted for infractions of political offense)
the peace of the State

Note: Pardon does not obliterate the fact that the accused was a
recidivist. Thus, even if the accused was granted probation in the first offense,
but he commits another felony embraced in the same title of the RPC, the first
conviction is still counted to make him a recidivist.

Four Forms of Repetition of Crimes

1. Recidivism or Reincidencia – where a person, on separate occasions, is
convicted of 2 offenses embraced in the same title in the RPC.
2. Habituality or Reiteracion – where the offender has been previously punished
for an offense to which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty.
3. Habitual Delinquency or Multi Recidivism – where a person within a period of
10 years from the date of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa or falsification, is found guilty
of the said crimes a third time of oftener.
4. Quasi recidivism – where a person commits a felony before beginning to serve
or while serving sentence on a previous conviction for a felony.
Supervision
Type Description Authority Supervision Period

Adult Probation Persons Under Criminal Court Period of is a

Suspension of maximum of Six Years
Execution of
sentence
Parolees Conditional Board of Expiration of the
release of Prisoner Pardons and Maximum Sentence
from Correctional Parole
institution after
serving the
minimum prison
sentence
Conditional Prisoners who Office of the As recommended by
Pardon have served at President the Office of the
least one half of President
the maximum of
the original prison
term

What are the purposes of Amnesty?

- To hasten the country’s return to political normalcy by putting behind it the
animosities of the past through a pardon that will open the door to living normal
lives for groups of people targeted by the amnesty.
- These groups were once involved in political activities during certain troubled
times like war ore rebellion and by making gestures of the state forgetting past
 destructive activities of political dissidents or rebels and allowing them to lead
normal lives, the country in turn will ensure its return to normalcy.
Notes:
- Philippines like issued two amnesty proclamations in the past. The first
one was issued under Presidential Proclamation No. 51 by then
President Manual Roxas amnesting those who collaborated with the
Japanese during World War II.
- The second was Proclamation No. 76 issued by then President Elpidio
Quirino extending amnesty to leaders and members of the Hukbo ng
Bayan Laban sa Hapon (HUKBALAHAP) or Huk and Pambansang
Kaisahan ng mga Magbubukid(PKM) which is the organization of
peasants fighting for agrarian reform and is part of the communist
underground movement.
- This amnesty is for the crimes of rebellion, sedition, illegal association,
assault, resistance to persons in authority and illegal possession of
firearms, which was all connected to the Huk Rebellion and illegal
association with the PKM in their fight to distribute the big haciendas in
Central Luzon.

COMMUTATION OF SENTENCE
- The reduction of sentence for a criminal act by action of the executive
head of the government.
- Like pardon, commutation of sentence is a matter of grace, not of right; it
is distinguished from pardon, however, in that the conviction of crime is
not nullified.
Notes:
o The commutation, hence, may be granted on condition that the
criminal observe certain restrictions for the balance of his original
sentences. Many states have statutes providing for commutation of
sentence as a reward for good conduct during imprisonment. Once
earned, the commutation becomes a matter of right and may be
enforced y court action.
o Commutation does not forgive the offender but merely reduces the
penalty of life imprisonment or death sentence for a term of years.
o Commutation of sentence is resorted to because the law prescribes
uniform punishment for crimes regardless of how serious or how
light the offense committed is.
Example: A qualified theft in which the penalty is the same
whether the convict’s crime is only climbing a tree to get a few fruits
to eat because he or she is very hungry.
Even if a sympathetic judge would desire to impose a lighter
sentence, he could not do so because of the unyielding dictates of
law.
So, commutation of sentence is some kind of a leveling
mechanism to temper or balance this rigidity that results in un-
proportionate punishments under the law.
 Commutation of sentence also benefits inmates sentenced
to a fixed or determinate sentence, which renders him or her
ineligible for parole.
Commutation of sentence changes the original fixed
sentence to a lesser indeterminate sentence, which will then enable
the beneficiary to be released on parole.
Commutation is also appropriate to use with convicts
sentenced to several counts.
The sentence may be commuted to one single indeterminate
sentence through commutation and rendering the recipient to avail
of parole after serving the minimum sentence.

REPRIEVE
- The act of postponing the enforcement of a sentence, particularly a death
sentence, to allow an appeal.
- Temporary stay of the execution of a sentence.
- Another prerogative exercised by the President of the Philippines.
- Generally, it is applied to death sentences already affirmed by the
Supreme Court. But it can also be invoked in other cases that have
become final.
- In death sentences, the date of execution of the death convicts is held in
abeyance for a certain period to enable the Chief to temporarily stay
execution of sentence.
- Like a pardon, the President can only exercise reprieve when the
sentence has become final. Generally, reprieve is extended to death
penalty prisoners.
- The date of execution of sentence is temporarily postponed indefinitely to
enable the Chief Executive to thoroughly study the petition of the
condemned man for commutation of sentence or pardon.
- A president usually resorts to this to resolve all his doubts and
reservations and want to really establish that the convict truly deserve to
be executed.
- The president may not want to be conscience stricken, if later, it is found
out that the executed convict did not deserve to die.
- Reprieve is also being widely exercised by the President on almost all
death convicts because of strong pressure from various lobby groups.
- A case on point here is the widespread opposition to the death penalty
being spearheaded by the Catholic Church because of its biblical
teachings that life emanates from God and no person or groups not even
government has the right to take away that life no matter what how many
serious violations of the law a person may have committed.

Remit fines and forfeitures

- Prevents the collection of fines or the confiscation of forfeited property; it
cannot have the effect of returning property which has been vested in third
parties or money already in the public treasury.
How to avail of executive clemency?
- To avail of Executive Clemency, a formal petition shall be addressed as
follows and must be submitted to the Board of Pardon and Parole:
The President of the Philippines
Through: The Chairman
Board of Pardons and Parole
Manila
- However, the Board may, motu propio, consider cases for the
commutation of sentence or the conditional pardon of deserving prisoners
whenever the interest of justice will be served thereby.
- The formal petition for Executive Clemency shall state the following:
o Name of Petitioner
o Age
o Previous criminal record (if any)
o Whether Filipino citizen or an alien and if naturalized Filipino, his
former nationality and date of naturalization
o Previous occupation
o Place of residence
o Crime for he which he was convicted
o The sentencing court
o His sentence and the commencement thereof
o Jail or prison to which he was committed and/or where he is
presently confined
o Grounds upon which clemency is being asked.

The petition for absolute pardon shall be accompanied by the following

requirements:
1. 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 the community service
he has rendered, if any; and
2. The clearance from the police, courts and prosecutor’s office where the petitioner
resides.
Notes:
 A petition for the grant of either absolute or conditional pardon shall be
favorably endorsed to the Board by the Secretary of National Defense if the
crime committed by the petitioner is against national security such as
rebellion, subversion or sedition, or by the Commission on Elections, in case
or violation of election laws, rules and regulations.
 An application foe Executive Clemency shall not be considered during the
pendency of an appeal filed by the petitioner from the judgment of conviction
A petitioner shall be eligible for the grant of Executive clemency if he meets the
following requirements:
For Commutation of Sentence:
 The petitioner 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 (Life Imprisonment):
a. at least ten (10) years if convicted or Robbery with Homicide, Robbery
with Rape or Kidnapping with Murder;
b. At least eight (8) years if convicted with Simple Murder, Parricide, Rape or
violation of anti-drug laws;
c. At least twelve (12) years if given two (2) or more sentences for Reclusion
Perpetua;
d. At least twenty (20) years in case of one (1) death sentence which was
automatically commuted to Reclusion Perpetua; and
e. At least twenty-five (25) 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 of sentence.
For Conditional Pardon:
 The petitioner must have served at least one – half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison sentence:
a. At least two (2) years of the minimum sentence if convicted of Murder or
Parricide but not sentenced to Reclusion Perpetua;
b. At least one (1) year of the minimum sentence if convicted Homicide;
c. At least nine (9) months if convicted of Frustrated Homicide;
d. At least six (6) moths if convicted of Attempted Homicide.
For Absolute Pardon:
 Ten (10) years must have elapsed from the date of release of the petitioner from
confinement or five (5) years from the date of expiration of his maximum
sentence, whichever is more beneficial to him.

In acting on petitions for Executive Clemency, the BPP shall consider, among
others, 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, of the petitioner.
However, the Board may consider petition for absolute pardon even before the lapse
of the aforementioned periods in special cases such as:
 when the petitioner is seeking reinstatement in the government service;
 needs to go abroad to undergo medical treatment which is not available in
the country;
 Will take a government or Bar Examination;
 Or is immigrating
However, the following category of prisoners shall not be considered for
commutation of sentence or conditional pardon:
For Commutation of Sentence:
1. The petitioner is eligible for parole;
 2. The petitioner had been sentenced to another prison term within one (1) year
from the date of his late recommitment to the jail or prison from where he
escaped;
3. The petitioner had violated any condition of his discharge on parole or conditional
pardon; and
4. The petitioner is suffering from a mental illness or disorder as certified by a
government psychiatrist.
For Conditional Pardon:
1. The petitioner is eligible for parole;
2. The petitioner had been sentenced to another prison term within one (1) year
from the date of his late recommitment to jail or prison from where he escaped;
3. The prisoner is suffering from mental illness or disorder as certified by a
government psychiatrist; and
4. The prisoner had violated a conditional pardon, which was previously granted
before the expiration of his maximum sentence.
In petitions for Executive Clemency cases, the Director of Corrections shall forward
the prison record and carpeta of a prisoner/petitioner to the Board of Pardons and
Parole within the following periods:
1. Absolute Pardon – within one (1) month receipt by the Director of the request
made by the Board for the prison record and carpeta;
2. Commutation of Sentence– at least one (1) month before the expiration of one
– third (1/3) of the minimum period of the prisoner’s indeterminate sentence and
in special cases, at least one (1) month before the periods becomes qualified;
3. Conditional Pardon – at least one (1) month before the expiration of one half
(1/2) of the minimum period of the prisoner’s indeterminate sentence and in
special cases, at least one (1) month before the periods the petitioner becomes
qualified.

Review Questions:
Essay (25 points each)

1. What do you mean by the term Executive Clemency? Explain.

2. What is the purpose of the law and duty of the Board of Parole?

3. What are the two kind of pardon in the Philippines? Explain each.

4. Distinguish amnesty from reprieve.

5. What are the guidelines after the grant of executive clemency?

Topic 6 – INDETERMINATE SENTENCE LAW (ISLAW)

(Act no. 4103, as amended)
Indeterminate Sentence
- is a sentence with a minimum and a maximum term benefit of a guilt person, who
is not disqualified therefore, when the maximum penalty of imprisonment
exceeds one year.
- It applies to both violations of the Revised Penal Code (RPC) and Special Penal
Laws (SPL)
- The purpose of the law is to uplift and redeem valuable human material and
prevent unnecessary and excessive deprivation of personal liberty and economic
usefulness. As a rule, it is intended to favor the accused particularly to shorten
his term of imprisonment, depending upon his behavior and his physical, mental,
and moral record as a prisoner to be determined by the Board of Indeterminate
Sentence (People v. Onate, 78 SCRA 43)
- Penalties shall not be standardized but fitted as far as is possible to the
individual. With due regard to the imperative necessity of protecting the social
order. (People v. Ducosin, 59 Phil 109)

Coverage of the Application

General Rule
- All persons convicted of any crimes under the Philippine courts regardless
whether it is in violation of RPC or SPL, are qualified for the application of
Indeterminate Sentence Law.
Exception
- Those persons specifically disqualified by law.

Application of ISLAW
Violation of the Revised Penal Code
- 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 Code, and the MINIMUM
TERM which shall be within the range of the penalty next lower in degree to that
prescribed by the Code for the offense.
- The maximum is the penalty imposed as provided by law, depending upon the
attending circumstances. The minimum is one degree next lower to the penalty
prescribed for the offense. The latter is determined without considering the
attending circumstances to the penalty prescribed, and is left to the discretion of
the court. (People v. Yco, 6545, July 27, 1954)

Illustrative example:
Homicide with One Mitigating Circumstance
- The maximum penalty prescribed by law is Reclusion Temporal. Since there is
one mitigating and no aggravating it will be in the minimum or reclusion temporal
minimum period.
- On the other hand, the minimum is one degree next lower to reclusion temporal
without considering mitigating circumstance and that will be prision mayor.
- The range of prision mayor will depend upon the discretion of the court.
 - Therefore, the indeterminate penalty is a minimum of prision mayor (within the
range fixed by the court) to a maximum of reclusion temporal minimum period.
- NOTES: RPC: Mininum (Next lower to prescribed) to Maximum (Impossible)
Derive MAXIMUM term imposable by applying rules for aggravating (AC) and
ordinary mitigating circumstances (MC) under Art. 64 and for complex crime under
Art. 48
- No AC or MC: Penalty PRESCRIBED medium period
- 1 AC, no MC: Penalty PRESCRIBED maximum period
- No AC, 1 MC: Penalty PRESCRIBED minimum period
- Several ACs and MCs: OFFSET then apply rules to remainder
- No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT
PRESCRIBED
- If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is
necessary means for committing the other): Penalty for the MOST SERIOUS
CRIME maximum period
Derive MINIMUM term by getting the penalty one degree lower than the
penalty prescribed by the RPC, without regard to its three periods.
- The court has discretion to fix as the minimum term any period of imprisonment
within that penalty next lower to the penalty prescribed.

Exception:
- WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT
follow the aforementioned rule, Consider the privileged mitigating circumstance
FIRST before any AC or MC to get the PENALTY PRESCRIBED and then
proceed as required by any rule on deriving the minimum term. Otherwise, the
maximum of the ISLAW will end up being lower than the minimum of the ISLAW.

Violation of Special Penal Code

- 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.

Illustrative Example
- Penalty is one year to 5 years. Indeterminate sentence may be one year to 3
years or 3 years to 5 years.
- SPL: Minimum (at least that prescribed) to Maximum (not exceed prescribed)
1. Maximum Term: Court may fix any as long as it does not exceed the penalty
prescribed by the special law
2. Minimum Term: Court has discretion so long as it does not exceed the minimum
prescribed by the special law.

Disqualified Persons
ISLAW is not applicable to persons who are:
1. Convicted of offenses punished with death or life imprisonment.
2. Those convicted of treason, conspiracy, or proposal to commit treason,
misprision of treason, rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.
Notes:
o Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla,
28547, February 22, 1974)
o Recidivist is one, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of the RPC. (People vs. Lagarto, G.R. No. 65833, May 6, 1991)
o Habitual Delinquent is a person, who within a period of ten years from the
date of his release or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa or falsification, is found
guilty of any of said crimes a third time or oftener. (Art. 62, RPC)

RECIDIVISM HABITUAL
DELINQUENCY

As to the crimes It is sufficient that the The crimes are

committed accused on the date of his specified
trial, shall have been
previously convicted by
final judgment of another
crime embraced in the
sane title of the RPC
As to the period of time No period of time between The offender is
the crimes are the former conviction and found guilty of any of
committed the last conviction is fixed the crimes specified
by law within ten years from
his last release or
last conviction
As to the number of The second conviction for The accused must
crimes committed an offense embraced in be found guilty the
the same title of the RPC third time or oftener
is sufficient of any crimes
specified
As to their effects Is not offset by a mitigating If there is habitual
circumstance, serves to delinquency, an
increase the penalty to the additional penalty is
maximum also imposed.

4. Those who shall have escaped from confinement or evaded sentence.

Note: A minor who escaped from confinement in the reformatory is
entitled to the benefits of the law because confinement is not considered
imprisonment. (People vs. Perez, 44 OG 3884)
 5. Those who having been granted conditional pardon by the President shall have
violated the terms thereof.
6. Those whose maximum period of imprisonment does not exceed one year.
Note: The application of which is based upon the penalty actually
imposed in accordance with law. (People v. Hidalgo, 452, Jan. 22, 1962)
7. Those already serving final judgment upon the approval of this Act (December 5,
1933)
8. Those sentenced to the penalty of destierro or suspension.

Discretion of Court to Fix Minimum

- In determining the minimum penalty, the law obligates the courts to fix the
penalties with the widest discretion that the courts have ever had.
- The determination of the minimum is left entirely within the discretion of the court
to fix it anywhere within the range of the penalty next lower without reference to
the periods into which it may be subdivided.
- This obviously applies only for offenses under the Revised Penal Code.
Notes:
o Whenever any prisoner who shall have served the minimum penalty
imposed on him, the Board of Indeterminate Sentence may, in its
discretion, and in accordance with the rules and regulations adopted
thereunder, authorize the release of such prisoner on parole. If during the
period of surveillance, such parolee shall show himself to be a law-abiding
citizen and shall not violate any of the laws of the Philippines, the Board
may issue a final certificate of release in his favor. Whenever any prisoner
released on parole shall, during the period of surveillance, violate any of
the conditions of his parole, the Board may issue an order for his re-arrest
and shall serve the remaining unexpired portion of the maximum
sentence.
o The application of the Indeterminate Sentence Law is mandatory if the
imprisonment would exceed one year. It would be favorable to the
accused. (People v. Judge German Lee Jr., 86859, Sept 12, 1984)

Topic 7 – THE FUTURE OF CORRECTIONS

The Necessity of Collaboration with the Community

- To ensure public safety is the desired outcome of the criminal justice system’s
intervention in rehabilitating offenders. For this reason, criminal justice
practitioners must find and must continuously develop the most effective ways in
which this goal may be achieved.
- New approaches of offender correction and rehabilitation will definitely produce
different effects on the components of the justice system. Current policies
encourage these components to consider the impact of their individual duties and
responsibilities in the delivery of justice. Community-based correction is a critical
lynch pin in these efforts, responsible for effectively managing offenders while on
probation, parole or conditional pardon with parole conditions. As with other
 components within the justice system, collaborating and partnership with other
components and with community (internal and external partners) has become
increasingly critical to the accomplishment of community corrections’ mission of
enhancing public safety by effectively rehabilitating offenders in the community.
- If the primary goal of community corrections is to achieved public safety through
reduced recidivism by effectively managing offenders within the community, then
community corrections agencies must reach out to collaborative partners. As
more comprehensive approaches to supervising offenders are implemented in
the field, enhanced collaboration is required to provide the assistance and
additional resources necessary to promote offender success. For example, the
increased understanding and implementing of integrated case management
systems around the country, communication among criminal justice professionals
and community partners is more important than ever. Such new approaches to
community supervision require strong partnerships with the community (including
the victim and offender).
- Collaboration with institutional partners is also critically important, working with
correctional officers and institutional case managers to prepare for reentry into
the community. The issues facing offenders upon release are numerous and
often confounding – lack of housing, drug addiction, limited employment options,
limited education. Such barriers to successful reintegration must be addressed
through partnerships with other practitioners, service providers, and community
agencies.

Concept of Collaboration Justice with the Community and other Service

Providers
- Community corrections professionals cannot possibly, and should not expect to,
address the complex needs of offenders independently. Other professionals must
be involved to provide valuable information, resources, and perspectives that will
help the offender to succeed in the community.
- Collaboration goes beyond sharing of resources and exchanging information;
collaboration requires that community corrections officers, court officials, and the
community partners work closely with each to achieve outcomes that would not
be possible without the collaboration. Working with other criminal justice
professionals and community partners can result in supervision plans that
address offender’s needs more effectively, resulting in lower court caseloads and
reduced violations and crime rate within the community.
- It is only through collaboration with public, private, and the community-based
service providers that community corrections can promote safer communities.

With whom should community corrections professionals collaborate?

- The selection of collaborative partners is just critical as the commitment to
collaboration itself. Collaborative partners should include those who have the
authority to influence the outcome of the problem at hand a demonstrated
investment in doing so.
- In a community – based corrections collaboration, law enforcement, counsel of
the accused, prosecutors, judges, court personnel, and others are important
 stakeholders in the success of offenders in the community. Law enforcement is
an important partner to community corrections in supervision efforts, providing
support to monitoring and enforcement activities. Prosecutors and counsel of the
accused assist by crafting effective sentencing strategies, and judges, through
the imposition of conditions as part of their sentencing decisions, provide the
structure and tools that community corrections needs to manage offenders
successfully and promote offender success in the community.
- Community and service providers play key roles in addressing effectively the
complex social, behavioral, and health issues that offenders face.Public and
private treatment providers, including substance abuse and mental health
practitioners, victim’s right organization, and victim advocates can also provide
valuable resources and perspectives for supervising offenders.Government
agencies providing housing resources, workforce training, educational
assistance, and veterans’ benefits are also important partners in finding solutions
to the complex problems facing offenders in the community.Community and faith
– based partners (including willing employers, and local colleges and schools)
can provide numerous resources. But still the most important stakeholders are
the offender and his or her family. (http://www.collaborativejustice.org)

Time Line of Sentencing Philosophies and Practices

Retributive Justice

(Past)

Restorative Justice

(Present)

Collaborative Justice

(Future)

Retributive Justice Restorative Justice Collaborative Justice

 Retributive justice also
known as punitive justice
is a theory of justice that
considers punishment, if
proportionate, to be the
best response to crime.
When an offender breaks
the law, she/he thereby
forfeits or suspends
his/her right to something
of equal value, and justice
requires that his forfeit be
enacted.
Sometimes called
reparative justice is an
approach to justice that
focuses on the needs of
the victims and the
offenders, as well as the
involved community,
instead of satisfying
abstract legal principles or
punishing the offender.
Victims take an active role
in the process, while
offenders are encouraged
to take responsibility for
their actions, “to repair the
harm they’ve done – by
apologizing, returning
stolen money, or
community service”.
Collaborative justice is a
unique and promising
approach to criminal
justice that seeks to work
toward the more effective
resolution of these
problems. Rather than
relying on single agencies
to solve their respective
problems, it recognizes
that many criminal justice
problems are systemic
and require a coordinated
and collaborative
response to the most
pressing issues facing our
justice system today.

Challenges of Collaborative Justice

The successful implementation of a collaborative justice approach often faces
many challenges, including:
o The adversarial nature of legal system:
o The competition for scarce resources;
o The political pressure faced by elected officials;
o The creation or existence of agencies that have overlapping, duplicative
responsibilities; and
o The creation or existence of agencies that have mission that are
incongruous.
The success of collaborative team relies upon the desire and willingness of
each participant to dedicate themselves and their time to the collaborative
process; to set aside individual agency agendas in pursuit of a shared and larger
goal; and to recognize that collaborative justice is a long term process, requiring
the establishment and maintenance of solid collaborative partnership with other
agencies and community stakeholders.The long – term benefits of collaborative
approach – including a shared ownership of, responsibility for, and success in
solving justice problems – will undoubtedly make the investment worthwhile.
(http:www.collaborativejustice.org)

Organizations and Associations Related to Community Corrections

The International Community Corrections Association (ICCA)
In 1964, the International Community Corrections Association (formerly
known as the International Halfway House Association and, later, in 1989 as the
 International Association of Residential and Community Alternatives) held out first
meeting in Chicago, IL with 30 people in attendance. Today, after more than 45
years, the ICCA represents more than 250 private agencies operating over 1,500
residential and community alternative programs, in addition to 1,000 individual
members nationally and abroad. Its members offer a variety of programs and
services which include:
o Community – based corrections centers
o Community corrections programs
o Education/Vocational services
o Drug testing and treatment
o Tutoring services
o Day reporting treatment
o Crisis intervention
o Family/individual counseling
o Victim services
o Community service supervision
o Bail supervision
o Home detention/electronic monitoring
o Neighborhood outreach
o Residential treatment
o Aftercare
o Transitional housing
The International Community Corrections Association, as a private, non-profit,
membership organization, acts as the representative voice for residential and other
community corrections programs. As such, it expects of its members compassion,
belief in the dignity and worth of human beings, respect for individual difference and
a commitment to quality care for its clients. It requires of its members the
professional background, research and expertise necessary to ensure performance
of effective quality services delivered with integrity and competence. ICCA affirms
that its primary goal is the successful re – integration of the client into community.
ICCA has been an affiliate of the American Correctional Association (ACA)
since 1975; an affiliate of the United Nations Alliance of Non-Governmental
Organizations in Criminal Justice since 1982; the American Probation and Parole
Association, the International Corrections and Prison Association and the National
Justice and Delinquency Prevention Coalition.
In addition, ICCA liaises with several other national and international community
corrections organizations. (http://iccalive.org/icca/index.php)

American Probation and Parole Association (APPA)

(http://www.aca.org)
- Is an international organization that provides education and training for
community corrections practitioners and supervisors. APPA establishes
standards in all areas of community supervision, including restitution, electronic
monitoring, pretrial, conditional early release and issues related to prisons.
 - APPA is only one of several organizations that serve a similar purpose for
community corrections advocacy. Other organizations are as follows:
1. American Correction Association (http://www.napsa.org)
2. National Association of Pretrial Services Agencies (NAPSA)
(http://www.iccaweb.org)
3. International Association of Reentry (IAR) (http:/www.iarreentry.org)

Involvement of Non-Government Organization (NGOs)

It cannot be denied that Non-Government Organization or private sector will play
an important role in the success of rehabilitating offenders in the community. These
NGOs can provide job opportunities to the clients of community-based correction. We
must understand that opportunities available for those clients are a great help for their
rehabilitation.

Significance of Research in Corrections

Making of research is a making of the future. Hence, the future of correction will
be based on how much studies are conducted to develop the current policies in
correction. What is lacking today in the Philippine Correction is research. Although there
are foreign researches available, but applicability of these in our local setting is a
question.

Evidence – Based Practices (EBP)

- Involves using current best practices or intervention for which there is consistent
and solid scientific evidence of success. Integrating into everyday practice the
correctional programs and techniques that have been shown to be the most
effective with offender using evaluation results from systematically evaluated
research studies. EBP is not based on intuition, speculations or tradition, rather
EBP is grounded in empirical data and research in studying what works. The idea
behind EBP in corrections is that agencies use only the most successful
programs.

Corrections Research Priorities

On March 12, 2009 the U.S Department Justice, Office of the Justice Programs –
National Institute of Justice has identified high – priority research, development and
evaluation needs of corrections professionals. Those high – priority goals include:
- Create knowledge and develop technologies on how prisons, jails and
community corrections can be better managed to provide safe, secure and cost –
effective operations.
- Create knowledge on how best to assess and manage special offender
populations in prisons, jails and in the community.
- Develop effective treatment/intervention strategies that enhance public safety by
maximizing the successful reentry of offenders into the communities.
- Research the causes of prison sexual assault and factors that may deter the
reporting of such assaults and evaluate strategies, practices and policies
designated to prevent it.
- Develop assured means to continuously and accurately monitor the location and
status of corrections officers and personnel as well as inmates and detainees.
- Develop improved means to detect, locate and defeat the use of unauthorized
wireless communications devices.
- Develop improved, unobtrusive means to accurately detect a board spectrum of
contraband to preclude its introduction into correctional environments.
- Optimizing the way in which corrections agencies employs new technologies,
such as smart sensors, wireless mobile networks and knowledge management,
in response operations.
- Develop improved information and data systems that link an individual’s records
and citations across various criminal justice databases from the time of entry into
the criminal justice system.
- Develop devices providing multilingual speech translation capabilities for public
safety application including voice and speech-to-text/text-to-speech.
These priorities inform decisions about the scope of future work and the
dissemination of NIJ-sponsored knowledge and technologies. At the same time, NIJ
maintains the flexibility to respond to emerging needs and to consider the merits of
individual projects that may contribute to other worthwhile goals.
(http://www.ojp.usdoj.gov)