1.

2 NON–INSTITUTIONAL
PITCH DECK
CORRECTIONS PRESNTATION
LEC. CAI DEL CASTILLO, RCrim – TOP 6 DEC 2022 CLE
Thynk Unlimited
Presentations are communication tools
that can be used as demonstrations.
Is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the Court and under the
supervision of probation officer.

a. PAROLE
b. PARDON
c. PROBATION
D. EXECUTIVE CLEMENCY
Which of these is known as the adult probation law, which grants
probation to prisoner sentenced to a term of prison of not more than six
(6) years?

A. PD 603
B. RA 698
C. PD 968
D. RA 10707
After appealing his case involving a non-probationable penalty, the
appellate court has reduced his sentence into a probationable one. But
still he sought for the review of the modified decision. Can he still apply
for probation after doing so?

a. YES, APPLYING FOR PROBATION AFTER AN APPEAL IS NOW ALLOWED

BY LAW
b. NO, THE ACCUSED LOSES THE RIGHT TO APPLY FOR PROBATION
C. MAYBE
D. IT DEPENDS
Which of the following process is used by the court to determine if the
ends of justice and the best interest of the public as well as the defendant
be served before granting probation?

A. CONDUCT OF BACKGROUND INVESTIGATION

B. PSYCHOLOGICAL AND PHYSICAL EXAMINATION
C. CONDUCT POST SENTENCE INVESTIGATION
D. DETERMINE PREVIOUS CRIMINAL RECORDS OF THE DEFENDANT
The application for probation shall be filed with the which has jurisdiction
over the case.

A. TRIAL COURT
B. PAROLE AND PROBATION ADMINISTRATION
C. BOARD OF PARDONS AND PAROLE
D. COURT
When can an accused who appealed may still apply for probation?

a. WHEN THE APPEAL IS DENIED

b. WHEN A JUDGEMENT OF CONVICTION IMPOSING A NON-
PROBATIONABLE PENALTY IS REDUCED FOR A LESSER CRIME WHICH
IS PROBATIONABLE
C. WHEN THE COURT ALLOWS IT AFTER FILING A PROPER MOTION
D. WHEN THE CASE APPEALED IS DISMISSED BY THE APPELLATE COURT
How many days is given to PPA to submit their Post-sentence
investigation?

A. 60 days
B. 30 days
C. 15 days
D. 10 days
All of the following are the consequences of violating the conditions of
probation, except:

A. REVOCATION OF THE PROBATION

B. MODIFICATION OF THE CONDITIONS
C. SUSPENSION OF PROBATION
D. NONE
Which of the following circumstances requires the probationer to serve
the penalty imposed for the offense under which he was placed on
probation?

A. FAILURE TO BECOME PRODUCTIVE MEMBER OF THE SOCIETY

B. FAILURE TO RENDER ASSISTANCE TO PERSONS IN EMERGENCY CASES
C. FAILURE TO COMPLY WITH THE CONDITIONS OF PROBATION
D. FAILURE TO COMMIT ANOTHER OFFENSE
Which of the following situations can the offender apply for probation?

A. AT THE START OF THE TRIAL

B. AFTER THE CONDUCT OF ARRAIGNMENT
C. AFTER CONVICTION AND SENTENCE
D. BEFORE CONVICTION AND SENTENCE
During the conduct of the PSI, must be gathered from those persons who
have direct personal knowledge of the petitioner, offended party family
members, and/or their relatives.

a. BACKGROUND INFORMATION
b. RECORDS CHECK
c. PERTINENT INFORMATION
d. COLLATERAL INFORMATION
The grant of probation is the function of the.

a. PROBATION AND PAROLE OFFICER

b. COURT
C. PROBATIONER
D. TRIAL COURT
The sentence of Mr. X was promulgated by the RTC branch 12 in relation to
a crime he committed. Should Mr. X decide to apply for probation, how
many days is given for him to file his petition?

a. Within 15 days
b. Period before finality of judgment
c. Period of perfecting an appeal
d. Before lapse of period of perfecting an appeal
e. All of these
A comprehensive courtesy investigation from another Probation Office
which requests for a complete PSIR on a petition for probation pending
referral investigation in the Probation Office of origin.

A. POST-SENTENCE INVESTIGATION REPORT

B. PARTIAL COURTESY INVESTIGATION
C. GENERAL INTER OFFICE REFERRAL
D. FULL-BLOWN COURTESY INVESTIGATION
When will the court terminate probation?

A. AFTER EXPIRATION OF SENTENCE

B. AFTER REHABILITATION OF THE PROBATIONER
C. AFTER THE REPORT AND RECOMMENDATION OF THE PPO
D. AFTER THE APPLICATION BY THE PROBATIONER OR PPO
Substantial compliance during parole supervision would result in the
submission of a Summary Report by the supervising officer on case. In
effect, upon evaluation, the Board may resolve to issue a for the absolute
freedom of the client.

A. DISCHARGE ON PAROLE
B. POST SENTENCE INVESTIGATION REPORT (PSIR)
C. CERTIFICATE OF FINAL RELEASE AND DISCHARGE (FRD)
D. CERTIFICATE OF FINAL DISCHARGE AND RELEASE (FDR)
Prisoner’s case is eligible for review for the grant of parole are the
following EXCEPT.

A. INMATE IS SERVING INDETERMINATE SENTENCE AND THE MAXIMUM

SENTENCE OF EXCEEDS 1 YEAR
B. HE HAS SERVED THE MINIMUM PERIOD OF THE INDETERMINATE
SENTENCE
C. INMATES CONVICTION IS FINAL AND EXECUTORY
D. INMATES CONVICTION IS ON APPEAL TO THE SUPREME COURT
They are responsible for the grant of parole and recommending Executive
Clemency to the President.

A. PAROLE AND PROBATION ADMINISTRATION

B. SECRETARY OF DOJ
C. EXECUTIVE SECRETARY OF THE PRESIDENT
D. BOARD OF PARDONS AND PAROLE
When can the President give Pardon to deserving prisoners?

A. BEFORE CONVICTION
B. DURING TRIAL
C. AFTER CONVICTION
D. DURING INVESTIGATION
Is a general pardon extended to a group of persons generally exercised by
the Chief Executive with the concurrence of congress.

A. PARDON
B. ABSOLUTE PARDON
C. CONDITIONAL PARDON
D. AMNESTY
Is a statutory privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment.

A. PROBATION
B. COMMUTATION OF SENTENCE
C. SPECIAL LOYAL TIME ALLOWANCE
D. GOOD CONDUCT TIME ALLOWANCE
A form of supervision wherein the clients are required to report at least
twice a month.

a. MINIMUM SUPERVISION
b. MEDIUM SUPERVISION
C. MAXIMUM SUPERVISION
D. SUPER MAXIMUM SUPERVISION
What report is submitted by the Probation and Parole Officer to the Board
after the expiration of the maximum sentence of a parolee?

a. FINAL REPORT
b. SUMMARY REPORT
C. PROGRESS REPORT
D. INFRACTION REPORT
He is known as the Father of Probation in England.

A. MATTHEW DAVENPORT HILL

B. JOHN AUGUSTUS
C. EDWARD N. SAVAGE
D. ALEXANDER H. RICE
In the process of parole investigation, the Penal Superintendent has the
obligation to transmit to the Prison Director all pertinent records of
prisoners in prison within days before the expiration of the prisoner’s
minimum sentence.

a. 30 days
b. 15 days
c. 10 days
d. 60 days
Who is the chairperson of the Board of Pardons and Parole ?

a. ADMINISTRATOR OF DOJ-PPA
b. SECRETARY OF JUSTICE
C. PRISON DIRECTOR
D. PENAL SUPERINTENDENT
The Board shall recommend the grant of Executive Clemency when
circumstances are present.

A. EXTRAORDINARY
B. MERITORIOUS
C. SPECIAL
D. EXTREME
Refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional
Institution for Women and the prison and penal farms of the Bureau of
Corrections;

A. DIRECTOR
B. DIRECTOR GENERAL
C. WARDEN
D. PENAL SUPERINTENDENT
Pardon cannot be extended to one of the following instances.

A. MURDER
B. BRIGANDAGE
C. RAPE
D. IMPEACHMENT
During the parolee’s period of parole supervision this is a report submitted
by the Probation and Parole Officer which states the conduct of parolee in
the duration of his parole supervision.

A. PROGRESS REPORT
B. STATUS REPORT
C. INFRACTION REPORT
D. VIOLATION REPORT
 processes of the Probation System
 processes of the Parole System
 Processes and forms of clemency
 GCTA & STAL
NON-INSTITUTIONAL CORRECTION/COMMUNITY-BASED CORRECTIONAL

Refers to that method of correcting sentenced offender without having to

go to prison

The Community-Based Treatment Programs are those programs that are

intended to treat criminal offenders within the free community as
alternatives to confinement.

It includes all correctional activities directly addressed to the offender

and aimed at helping him to become a law- abiding citizen
ADVANTAGES OF COMMUNITYBASED CORRECTIONS ARE:

1. Family members need not be victims also for the imprisonment of a member
because the convict can still continue to support his family; not to be far away
from his children;

2. Rehabilitation will be more effective as the convict will not be exposed to

hardened criminals in prisons who will only influence him to a life of crime;

3. Rehabilitation can be monitored by the community, thus, corrections can be

made and be more effective; and

4. Cost of incarceration will be eliminated which is extremely beneficial especially

to a cash-strapped government. An entire bureaucracy will be eliminated which
includes the salaries, benefits and perks of the officers and staff, capital outlays,
operating costs, maintenance of the facilities, subsistence of inmates, and many
others.
PROBATION
HISTORY
TWO MAIN PERSONALITIES CLOSELY ASSOCIATED WITH FOUNDING OF
PROBATION

MATTHEW DAVENPORT HILL (ENGLAND)

an 18th-century English barrister and judge
 Youth offender

JOHN AUGUSTUS (US)

a 19th-century Boston boot-maker
 Bail out drunkard
MATTHEW DAVENPORT HILL
England

an 18th century English barrister and judge

became the Recorder of Birmingham, a judicial post.

He finds persons who act as guardians of the juvenile offender. Then at an

unexpected period, the confidential officer visits the guardian, makes
inquiries and keeps notes of information received.

Hill had police officers pay periodic visits to these guardians in an effort to
tack the offender’s progress and to keep a running account
JOHN AUGUSTUS
US

Boston courts were convinced that abusers of alcohol could be rehabilitated

through understanding, kindness, and sustained moral suasion, rather than
through conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a “common drunkard,” the
first probationer. The offender was ordered to appear in court three weeks later
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.
JOHN AUGUSTUS
first true probation officer
US

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.

The first probation statute, enacted in Massachusetts after his death in 1859, was
widely attributed to his efforts.
Governor Alexander H. Rice – signed the first probation law that was passed
by the legislature of Massachusetts on April 26, 1878. It provided for the
appointment and prescribed the duties of the salaried probation officer.

Edward H. Savage –first probation officer.

HISTORY OF PROBATION IN THE PHILIPPINES

Probation was first introduced in the Philippines during the American Colonial
period (1898-1945) with the enactment of Act No. 4221 of the Philippine
Legislature on August 7, 1935. This law created a Probation Office under the
Department of Justice.

On November 16, 1937, after barely two years of existence, the Supreme Court of
the Philippines declared the Probation Law unconstitutional because of some
defects in the law’s procedural framework.
HISTORY OF PROBATION IN THE PHILIPPINES

In 1972, House Bill No. 393 was filed in Congress by Teudolo C. Natividad and
Ramon D. Bagatsing, which would establish a probation system in the
Philippines. This bill avoided the objectionable features of Act. 4221 that struck
down the 1935 law as unconstitutional. The bill was passed by the House of
Representative, but was pending in the Senate when Martial Law was declared
and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation

Law. After 18 technical hearings over a period of six months, the draft decree
was presented to a selected group of 369 jurists, penologists, civic leaders and
social and behavioral scientists and practitioners. The group overwhelmingly
endorsed the establishment of an Adult Probation System in the Country.
HISTORY OF PROBATION IN THE PHILIPPINES

On July 24, 1976 Presidential Decree No. 968 was also known as Adult
probation Law of 1976, was signed into law by the President of the
Philippines.

January 3, 1978 – the probation law took effect

PHILIPPINE PROBATION LAW
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.

LT: “PROBARE” – TO PROVE, TO TEST  John Augustus

“PROBATIO” – TESTING PERIOD  Frederick Rainer
 PD 968 RA 10707
Signed: July 24, 1976 Signed: November 26, 2015
Took effect: January 3, 1978

By (F) Pres. FERDINAND E. MARCOS By (F) Pres. BENIGNO S. AQUINO III

ESTABLISHING A PROBATION SYSTEM AN ACT AMENDING PRESIDENTIAL

DECREE NO. 968
sections amended: 4, 9, 16, 24, 27, 28
Essential Elements of the Probation System

IT IS A “SINGLE OR ONE-TIME” AFFAIR, meaning that a convicted person

can only take advantage of a probation once in his lifetime. If he is convicted
again, such person can no longer avail himself of another probation.

PROBATION SYSTEM IS HIGHLY SELECTIVE. Probation is made available

only to those convicted of certain crimes. Crimes against national security,
like rebellion and insurrection, are excluded. Those who are sentenced to
prison terms of more than six years are also excluded from the probation
privilege.

PERSONS UNDER PROBATION RETAIN THEIR CIVIL RIGHTS. Like the right to
vote, or practice one’s profession, or exercise parental or marital authority.
PROBATION LAW IN PH
PD 968 (ADULT PROBATION LAW), AS AMENDED BY RA 10707

PURPOSE OF PROBATION:

(a) promote the correction and rehabilitation of an offender by providing

him with individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender

which might be less probable if he were to serve a prison sentence; and

(c) prevent the commission of offenses.

PROBATION LAW IN PH
PD 968 (ADULT PROBATION LAW), AS AMENDED BY RA 10707

GOALS OF PROBATION:

(a)establish a more enlightened and humane correctional systems that

will promote the reformation of offenders and thereby reduce the
incidence of recidivism;

(b) confinement of all offenders prisons and other institutions with

rehabilitation programs constitutes an onerous drain on the financial
resources of the country

(c) to provide a less costly alternative to the imprisonment of offenders

who are likely to respond to individualized, community-based treatment
programs;.
PROBATION LAW IN PH
PD 968 (ADULT PROBATION LAW), AS AMENDED BY RA 10707

CRITERIA FOR PLACING AN OFFENDER ON PROBATION:

(a)the offender is in need of correctional treatment that can be provided

most effectively by his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender
will commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

PROBATION LAW IN PH
PD 968 (ADULT PROBATION LAW), AS AMENDED BY RA 10707

DISQUALIFIED OFFENDERS

a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

b. convicted of any crime against the national security;

c. who have previously been convicted by final judgment of an offense punished by

imprisonment of more than six (6) months and one (1) day and/or a fine of more than
one thousand pesos (P1,000.00);

d. who have been once on probation under the provisions of this Decree; and

e. who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.”
PROBATION LAW IN PH
PD 968 (ADULT PROBATION LAW), AS AMENDED BY RA 10707

DISQUALIFIED OFFENDERS

Offenders found guilty of any election offense in accordance with Section 264 of
Batas Pambansa Blg. 881 (Omnibus Election Code)

Offenders found guilty of violating Republic Act No. 6727 (Wage Rationalization
Act, as amended)

Offenders found guilty of violating Republic Act No. 9165 (Comprehensive

Dangerous Act of 2002), except Sections 12, 14, 17, 70. (paraphernalia, during
occassions, keeping record of transactions, first time offender)
PROBATION LAW IN PH
PD 968 (ADULT PROBATION LAW), AS AMENDED BY RA 10707

DISQUALIFIED OFFENDERS

Offenders found guilty of any election offense in accordance with Section 264 of
Batas Pambansa Blg. 881 (Omnibus Election Code)

Offenders found guilty of violating Republic Act No. 6727 (Wage Rationalization
Act, as amended)

Offenders found guilty of violating Republic Act No. 9165 (Comprehensive

Dangerous Act of 2002), except Sections 12, 14, 17, 70. (paraphernalia, during
occassions, keeping record of transactions, first time offender)
PROCESS (PROBATION)
PETITIONER TC FISCAL

TC PPA/PO TC

DENY / GRANT
Application For Probation

 Application for probation shall be filed with the trial court, which has
jurisdiction over the case.
 The application shall be in the form approved by the Secretary of Justice as
recommended by the Administrator.
 The trial court may notify the concerned prosecuting officer of the filling of the
applicant at a reasonable time it deems necessary, before the schedule
hearing thereof.
 The prosecuting officer may submit his comment, if any on the application
within reasonable time given to him by the trial court from his receipt of the
notice to comment.
 If the trial court finds that the application is due in form and the applicant
appears to be qualified for the grant of probation, it shall order the city or
provincial Parole and Probation office to conduct a post-sentence investigation
and submit the same within 60 days from receipt of the order of said court to
conduct investigation.
Effect Of Filling And Receipt Of Application For Probation

 The trial court, upon receipt of the application filled, suspend the
execution of the sentence imposed on the judgment.
 Pending submission of the post-sentence investigation and resolution
on the application, the applicant may be allowed on temporary liberty
under his bailed filed in the criminal case.
 Where no bail is filed or applicant is incapable of filling one, the trial
court may allow the release of the applicant on recognizance.
Importance/Purpose of Post-sentence Investigation

 mandatory and pre-requisite.

 determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be
served thereby.
Period For Submission Of Investigation Report – The probation officer shall submit
to the court the investigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The court shall resolve
the petition for probation not later than five days after receipt of said report.

Pending submission of the Investigation report and the resolution of the petition, the
defendant may be allowed on temporary liberty under his bail filed in the criminal
case; Provided, that in case where no bail was filed or that the defendant is
incapable of filling one, the court may allow the release of the defendant on
recognize the custody of a responsible member of the community who shall
guarantee his appearance whenever required by the court.
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 referral investigation in the Probation Office of origin.

GIOR – General Inter Office Referral

When FBCI shall takes place:

 Applicant for probation is a transient offender in the place of

commission of the crime and/or a permanent resident of another place
 He spent his pre-adolescent and/or adolescent life in the province or
city of origin
 He attended and/or finished his education thereat
 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
Grounds on denying probation:

(a)the offender is in need of correctional treatment that can be provided

most effectively by his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will
commit another crime; or

(c) probation will depreciate the seriousness of the offense committed

Mandatory Obligations Of A Probationer:

Present himself to the probation officer within 72 hours from receipt of

probation order.

Report himself to the probation officer at least once a month during the
period of probation,

Not to violate the conditions of his probation.

Mandatory Obligations Of A Probationer:

Reporting based on penalty:

PENALTY CATEGORY REPORTING

1-2 years Min Once

3 to 4 years Med Twice

5 to 6 years max More than twice

Discretionary Obligations Of A Probationer:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

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

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

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

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

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

persons on probation;
Discretionary Obligations Of A Probationer:

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

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and
place or work;

(j) reside at premises approved by it and not to change his residence without its prior
written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.
Grant of Probation - Subject to the provisions of this Decree, the trial court may,
after it shall have convicted and sentenced a defendant for a probationable
penalty and upon application by said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem
best.

No application for probation shall be entertained or granted if the defendant has

perfected the appeal from the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable penalty is appealed or
reviewed, and such judgment is modified through the imposition of a
probationable penalty, the defendant shall be allowed to apply for probation
based on the modified decision before such decision becomes final.
Grant of Probation - The application for probation based on the modified decision
shall be filed in the trial court where the judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial court where such case has
since been re-raffled.

In a case involving several defendants where some have taken further appeal,
the other defendants may apply for probation by submitting a written application
and attaching thereto a certified true copy of the judgment of conviction. The trial
court shall, upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment. This notwithstanding, the accused shall lose
the benefit of probation should he seek a review of the modified decision which
already imposes a probationable penalty. Probation may be granted whether the
sentence imposes a term of imprisonment or a fine only. The filing of the
application shall be deemed a waiver of the right to appeal. An order granting or
denying probation shall not be appealable.”
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.
Effectivity of Probation Order

It shall take effect upon its issuance at which time the court shall inform the
offender of the consequences thereat and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his
commission of another offense under which he was placed on probation.
How many days are given for the court to decide on granting or
denying the application for probation?

10 days
15 days
20 days
60 days
How many days are given for the PPA to submit its PSIR?

10 days
15 days
20 days
30 days
60 days
How many days are given for the fiscal to submit its comment to
the trial court?

10 days
15 days
20 days
60 days
What is the effect upon receipt of application for probation?

Dismissal of the case

Discharge of the petitioner
Suspension of execution of sentence
What is the document to be submitted by the PPA/PO to the trial
court and it serves as the basis of the decision on granting or
denying the application for probation?

Post sentence investigation

Post sentence investigation report
What shall be conducted by the PPA/PO before creating a report to
be submitted to trial court as basis for court’s decision about the
application for probation?

Post sentence investigation

Post sentence investigation report
Juan is from Butuan City. He committed a crime and been arrested
in Davao City. Juan applied for probation. What kind of
investigation should be made by the PPA/PO?

A. refer the case to butuan city and conduct a post sentence

investigation
B. refer the case to butuan city and conduct full blown courtesy
investigation
Upon granting the probation, the TC will issue a probation order.
Does the law require for it to be read in court or not at all?

Yes, it is required.
No, as long as the probation officer will receive it.
After reading the probation order in the court, the first mandatory
condition that the petitioner should do is to report once a month to
the probation officer.

True
False
The decision of the court in granting or denying probation is
appealable.

True
False
What is the legal nature of application for probation?

Mandatory
Privilege
Right
Statutory right
For what reason that the Court will deny the granting of probation
to the petitioner?

Petitioner is a drug addict

Petitioner is mentally unstable
Petitioner has undue risk to commit another crime
Petitioner needs correctional treatment
SUPERVISION OF PROBATIONERS
SUPERVISION OF PROBATIONERS

The primary purposes are as follows:

To ensure the probationer’s compliance with the probation conditions and

the prescribed probation treatment and supervision program/pain;

To manage the process of the probationer’s rehabilitation and

reintegration into the community; and

To provide guidance for the probationer’s transformation and development

into a useful citizen for his eventual reintegration to the mainstream of
society.
TRAVEL:

1d – 10d  Supervising PO

11d – 30d  Chief PPO

more than 30d  Trial Court

30d – 6mos  Courtesy Supervision

more than 6mos  Transfer of Supervision to Exe Judge of 1st

Instance
Change of Residence:

recommended by Probation Officer

approved by Trial Court

supervision and control over the probationer shall be

transferred to the concerned Executive Judge of the RTC
Payment of Civil Liability:

 Direct to victim
 Office of Clerk of Court
 Deposit to Victims Bank Account
IN CASES OF INSOLVENCY  SUBSIDIARY IMPRISONMENT

(should not exceed or less twice

of total # of days of SI)
IN CASE OF VIOLATION IS COMMITTED BY THE PROBATIONER:

PROBATIONER

VIOLATION

RMC (REVOKE / MODIFY / CONTINUE)

IN CASE OF VIOLATION IS COMMITTED BY THE PROBATIONER:

The court, after considering the nature and seriousness of the violations of
probation (if any), may issue a warrant for the arrest of the probationer. He is
then brought to the court immediately for hearing, which is summary. If
violation is established, the Court may revoke or continue the probation and
modify the conditions thereof. If revoked, the probationer shall be ordered to
serve the sentence originality imposed and shall commit the probationer. The
order of the court is not appealable.
EARLY TERMINATION OF PROBATION SUPERVISION

Grounds

a) Successful completion of probation;

b) Probation revocation for cause under Section 49a(i-iii) of these Rules;
c) Death of the probationer;
d) Early termination of probation; or
e) Other analogous cause(s) or reason(s) on a case-to-case basis as
recommended by the Probation Office and approved by the Trial Court
Final Discharge of probation, Implications:

The final discharge of the probationer shall operate to restore to him all
civil rights lost or suspended as a result of his conviction and to totally
extinguish his criminal liability as to the offense for which probation was
granted

The suspension of the sentence, however, has no bearing on the civil

liability, which is separate and distinct from the criminal action. (Budlong v.
Apalisok, 22 SCRA 935)
What should the PO conduct if the probationer violates a terms
during his probation supervision?

Fact finding investigation

Summary hearing
Summarize
If Juan, probationer, upon conducting summary hearing by the
PO, has been proven to violate one of the terms and condition of
his probation, what report should the PO make and submit to
court?

Summary report
Final report
Revocation order
Violation report
If Juan, probationer, upon conducting summary hearing by the
PO, has been proven to violate one of the terms and condition of
his probation, the trial court will issue _____.

Summary report
Final report
Revocation order
Discharge order
If juan, probationer, has complied all of the terms and condition
of his probation and finishes the probation period, what report
should the PO make?

Summary report
Final report
When is the final report should be submitted by the PO?

5 days before the end of duration of probation

5 days after the end of duration of probation
Upon submission of final report of the PO, the trial court will
issue ___ for the discharge of the probationer from all of the
conditions of his probation.

A. Release order
B. Final Discharge order
C. Termination Order
D. Revocation order
E. B and C
Who has the authority to modify the terms and conditions
imposed in a probationer?

Court
Trial Court
Probation Officer
THE PROBATION ADMINISTRATION (Now Parole and Probation Administration)

Created by the virtue of Presidential Decree No. 986, “The Probation Law of
1976”, to administer the probation system, under Executive Order No. 292, “The
Administrative Code of 1987” which has promulgated on November 23, 1989, the
Probation Administration was renamed “Parole and Probation Administration’
and given the added function of supervising prisoners who, after serving part of
their sentence in jails are released on parole pardon with parole conditions
CENTRAL OFFICE  PROBATION ADMINSTRATOR
1 DA
(appointed by the Pres)

REGIONAL OFFICE  REGIONAL DIRECTOR

ASST. RD
(appointed by Pres
reco by SOJ)

PROVINCIAL, MUNICIPAL,  C / PPO

AND CITY OFFICES PPO’s
(appointed by SOJ
reco by Admin)
PROBATION ADMINISTRATOR DUTIES SHALL BE TO:

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

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

(c) make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the
probation system;

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

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

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

(f) generally, perform such duties and exercise such powers as may be necessary
or incidental to achieve the objectives of this Decree.
REGIONAL PROBATION OFFICER DUTIES SHALL BE TO:

exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the
Administrator.
PROVINCIAL OR CITY PROBATION OFFICER DUTIES SHALL BE TO:

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

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

(c) keep himself informed of the conduct and condition of probationers under his charge
and use all suitable methods to bring about an improvement in their conduct and
conditions;

(d) maintain a detailed record of his work and submit such written reports as may be
required by the Administration or the court having jurisdiction over the probationer
under his supervision;
.
(e) prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision
of probationers;

(g) exercise supervision and control over all field assistants, probation aides
and other personnel; and

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

 To assist the Chief Probation and Parole Officers in the supervised treatment
program of the probationers, the Probation Administrator may appoint citizens
of good repute and probity, who have the willingness, aptitude, and capability to
act as VPAs.

 VPAs shall not receive any regular compensation except for reasonable
transportation and meal allowances, as may be determined by the Probation
Administrator, for services rendered as VPAs.

 They shall hold office for a two (2)-year term which may be renewed or recalled
anytime for a just cause. Their functions, qualifications, continuance in office and
maximum case loads shall be further prescribed under the implementing rules
and regulations of this Act.
VOLUNTEER PROBATION ASSISTANTS (VPAS)

PD 968  PROBATION AIDES

10707  VOLUNTEER PROBATION AIDES

CASELOAD – 3 TO 5 CASES PER VPA
2 YEARS TERM
PD 968 RA 10707
court trial court
appeal appeal
previous imprisonment: previous imprisonment:
not less than 1m 1d more than 6m 1d
not less than 200 pesos more than 1k
restore civil rights restore civil rights
discharge from fines extinguish criminal liability
provincial po provincial po
city po city po
regional po
- person in authority
imprisonment / fine
not exceed 6y
granting and denying decision  not appealable
filing application  waiver the right to appeal
PAROLE
HISTORY
PAROLE
FR PAROL D’ HONVEUR  WORD OF HONOR
OLD ENGLISH  PROMISE

Parole is a penal practice of the reformatory idea which originated in

the dim historical part of Europe . Among the practices in the 17th and
18th centuries was the conditional pardon granted to indentured the
servants transported to the American colonies wherein violation of
terms
CAPT ALEXANDER MACONOCHIE
Became the governor /Supt of North folk Island , a penal colony in the
east of Australia and initiated the famous “ Mark System”. (Ticket to
leave)

SIR WALTER CROFTON

Remedied and perfected the failure and drawbacks in the mark system.
He introduced the Irish System and was appointed as Director of Irish
Prison System. (England)
STAGES OF IRISH SYSTEM

I. The first stage of the Irish system was solitary confinement for nine
months at a certain prison;

II. The second stage was an assignment to the public works at Spike
Island. The prisoner worked his promotion through a series of the grades
according to a mark system;

III. In the third stage the prisoner without custodial supervision was
exposed to ordinary temptations of freedom; and

IV. The final stage was the release on supervision under conditions
equivalent to present day parole.
DR. S.G BOSTON
First man to use the word “parole” he use the word in a letter to prison
association of New York in 1869

ZEBULON BROCKWAY
Superintendent of Elmira Reformatory , compulsorily developed parole which
soon spread to other states in the USA

FATHER/FOUNDER OF PRISON REFORM IN AMERICA

PAROLE
PAROLE

It is the conditional release of a prisoner from

correctional institution after serving the minimum
period of prison sentence.
ACT NO. 4103  ACT 4225  RA 4203 

SEC 1 – SEC 10 AMENDED SEC 1, 2, 8 OF AMENDED SEC 3, 4 OF

ACT 4103 ACT 4103

(BPP & BIS)



EO 83 – DESIGNATING BIS TO ACT AS BP  EO 94 Reorganization Law of 1947

abolished BIS and BP changed to BPP
ACT NO. 4103
As Amended by Act No. 4225 and Republic Act No. 4203

 INDETERMINATE SENTENCE
 PAROLE LAW
 CREATION OF BPP
EO 94 (finally creating BPP from BIS-BP)
COMPOSITION OF BOARD OF PARDONS AND PAROLE (EO 292)

 Chairman (SOJ)
 6 members

Administrator of PPA as ex-officio member, a sociologist, a clergyman,

an educator, a person with training and experience in correction work,
and a member of the Philippine Bar; Provided, that one of them is a
woman.

appointed by the President upon the recommendation of the Secretary

term: 6 yrs
EO 94 (finally creating BPP from BIS-BP)
The Board of Pardons and Parole was created pursuant to Act No. 4103, as
amended. It is the intent of the law to uplift and redeem valuable human material
to economic usefulness and to prevent unnecessary and excessive deprivation of
personal liberty.

It grants parole and recommends to the President the grant of any form of
executive clemency to deserving prisoners or individuals.

It reviews reports submitted by the Parole and Probation Administration (PPA) and
make necessary decisions.

It is a functional unit under the Department of Justice

ACT NO. 4103
As Amended by Act No. 4225 and Republic Act No. 4203

DISQUALIFICATIONS:

 persons convicted death penalty or life-imprisonment

 convicted of crimes against national security (treason, conspiracy or
proposal to commit treason, misprision of treason, rebellion, sedition or
espionage, piracy)
 escaped from confinement or evaded sentence;
 to those who having been granted conditional pardon by the Chief Executive
shall have violated the terms thereof;
 to those whose maximum term of imprisonment does not exceed one year,
DISQUALIFICATIONS:

 Habitual Delinquents
 Those suffering from mental disorder
 Those whose conviction is on appeal
 Those who have a pending criminal case for an offense committed while
serving sentence
 Those nationals prisoners serving sentence in a municipal, city, district or
provincial jails unless the confinement in said jail is in good faith or due to
circumstances beyond prisoner control
ACT NO. 4103
As Amended by Act No. 4225 and Republic Act No. 4203

QUALIFICATIONS:

 After serving min portion of the sentence

 After conviction
 Not under appeal
 Maximum term exceeds 1yr
Special Considerations for the Grant of Parole and Conditional Pardon

Old age, provided the inmate is below 60 years of age when crime is
committed

Physical disability, provided such physical disability is not present when the
crime was committed

Serious illness duly certified by a government physician

Similar circumstances which show that the continued imprisonment will be

inhuman or will pose grave danger to the life of the petitioner
ACT NO. 4103
As Amended by Act No. 4225 and Republic Act No. 4203

Consideration for the Grant of Parole and Conditional Pardon

 Evidence that the petitioner will find legitimate source of livelihood upon
release

 Petitioner has a place to establish residence

 Availability of after-care services for old seriously ill or physically disable

petitioner
PROCESS (PAROLE)
PETITIONER DOP/WARDEN

BPP PPA/PO BPP

DENY / GRANT
PROCEDURE

 Review upon the petition or motu proprio: forms and contents of the petition
 That the prisoners case is eligible for review by the Board
 That he is not disqualified from being granted parole
 Transmittal of Carpeta and Prison record by the Director or Warden at least
one month prior to the date when his case shall be eligible for review
 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
commuted for release on parole
 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
Grounds on denying Parole:

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.
Grounds of granting parole:

The Board may grant a prisoner people based on reports regarding the prisoner’s
work and conduct on the study and investigation by the Board itself and its finds
the following circumstances are present:

 The prisoner is fitted by his training for release;

 That there is a reasonable probability that, if released, he will live and
remain at liberty without violation the law; and
 That is released will not be incompatible with welfare and society.
How many days are given to the PO to conduct and submit
PPI and PPIR?

10 days
30 days
60 days
How many days are given to penal supt or wardens to
transmit carpeta of those PDL who are qualified for parole
to the BPP?

30 days after expiration of min. sentence

30 days before expiration of min. sentence
How many days are given for the BPP to decide whether to
deny or grant the parole?

10 days
15 days
30 days
60 days
What should be conducted by the PO upon receipt of
investigation order from the BPP?

Pre parole investigation

Pre parole investigation report
What document is used by the BPP in granting or denying
parole?

Pre parole investigation

Pre parole investigation report
carpeta
Upon granting the parole to the petitioner, what document is
being issued by the BPP?

Parole order
Discharge on Parole Release Document
The decision of the BPP on denying or granting of parole is
appealable.

True
False
IN CASE OF VIOLATION IS COMMITTED BY THE PAROLEE:

PAROLEE

VIOLATION

COMPLIED / NON-COMPLIED
Reports to be accompanied by the Supervising PPO

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.

Infraction Report – when the parolee has been subsequently convicted of

another crime.

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.

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.
Rules after Grant of Parole

TRANSFER OF RESIDENCE approve  RD

confirmed  BPP
OUTSIDE TRAVEL not more than 30d  C/PPO
more than 30d  RD
TRAVEL / WORK ABROAD Approved  PPA ADMIN
Confirmed BPP
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 Probation and Parole Officer may authorize a
parolee to travel outside his area of operational jurisdiction for a period of not
more than 30 days. A travel for more than 30 days shall be approved by the
Regional Director.
Rules after Grant of Parole

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 overseas 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.
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.
DEATH OF CLIENT

If a client dies during supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of the client’s death certificate
to the Board recommending the closing of the case.

However, in the absence of a death certificate, an affidavit narrating the

circumstances of the fact of death from the barangay chairman or any
authorized officer or any immediate relative where the client resided, shall
suffice
Juan, a parolee, allegedly committed a violation of his parole conditions.
What investigation should the PO will conduct?

Summary investigation
Fact finding investigation
Upon recommendation of the PO and submission of Summary report, what
document shall the BPP issue for the discharge of Juan?

Certificate of final discharge and release

Certificate of final release and discharge
Termination order
If Juan complied with all of the conditions of his parole supervision, when
should the PO makes the summary report?

5 days before expiration of maximum sentence

5 days after expiration of maximum sentence
If Juan is proved to have violated conditions of his parole, what document
shall the BPP to issue?

Arrest warrant
Order of arrest and recommitment
Order of commitment and arrest
If Juan is arrested for violating his parole conditions, he will serve the
original sentence.

True
False
PROCLAMATION NO. 405

Declaring the period from July 18 to 24, 1994 and every

year thereafter as Probation and Parole Week to be observed
throughout the country.

Former Pres. Fidel Ramos

EXECUTIVE CLEMENCY
Executive Clemency (PARC)

Shall refer to Absolute/Conditional pardon, Commutation of Sentence

and Reprieve as may granted by the president of the Philippines upon
the recommendation of the Board of Pardons and Parole . Under the
law, the president has the power to grant Pardons , Commutations and
Amnesty for all offenses except impeachment cases and remit fines
and forfeitures after the recipient has been convicted.
What is the ultimate objective of granting executive clemencies?

Prevent miscarriage of justice

Grant mercy to those who are deserving of it.
What are those “extraordinary circumstances” that may be present for the Board
to recommend to President the grant of executive clemency?

1. The trial court or appellate court in its decision recommended the grant of
executive clemency for the inmate

2. Under the peculiar circumstances of the case, the penalty imposed is too
harsh compared to the crime committed;

3. Evidence which the court failed to consider, before conviction which would
have justified an acquittal of the accused;

4.Inmates who were over fifteen (15) years but under eighteen (18) years of
age at the time of the commission of the offense;
What are those “extraordinary circumstances” that may be present for the Board
to recommend to President the grant of executive clemency?

5. 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 Corrections Hospital and certified under oath by a physician designated
by the Department of Health;

6. 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 Corrections
Hospital and certified under oath by a physician designated by the Department of
Health;

7. Alien inmates where diplomatic considerations and amity among nations

necessitate review; and

8. Such other similar or analogous circumstances whenever the interest of justice

will be served thereby."
Who may apply ?

 A prisoner not eligible for parole

 Who has not been sentence to another prison term within one (1) Year
from the date of his last recommitment to the jail or prison from where he
escaped.
 Who has not violated any condition of his discharge or parole and
conditional pardon
 Who is not suffering from mental illness or disorders certified by a
government psychiatrist
PARDON
an act of grace of the president, proceeding from the power entrusted with the
execution of the laws, which exempts the individual on whom it is bestowed, from
the punishment the law inflicts for a crime he has committed.
PETITIONER

BPP

PPA BPP OP (grant/deny)

EFFECTS OF PARDON

1) It removes penalties and disabilities and restores full civil and political
rights;

2) It does not discharge the civil liability of the convict to the individual he
has wronged as the President has no power to pardon a private wrong;

3) It does not restore offices, property or rights vested in others in

consequence of the conviction. Under our law, a pardon shall not work the
restoration of the right to hold public office or the right of suffrage unless
such rights be expressly restored by the terms of the pardon
The Constitution itself provides for limitations to wit:

Pardon cannot be granted in cases of Impeachment

Pardon cannot be granted for violation of any election laws, rule and
regulation without the favorable recommendation of the Commission
on Election.
The Constitution itself provides for limitations to wit:

not be exercised over civil and legislative contempt;

not be exercised during pendency of case or trial or during appeal

escaped or evaded service of sentence are not eligible for executive

clemency for a period of one (1) year from the date or their last
recommitment to prison or conviction for evasion of service of
sentence

cannot be exercised in cases of violations of tax laws.

Pardon can be granted only after conviction by final judgment.

There is no room for pardon when the case is not yet reached it’s finality.
In the case of former President Estrada, his appeal for the Judgment of
Sandiganbayan was withdrawn to make it final and for him to availed the
privilege of pardon.
Absolute pardon is one extended without any conditions or strings
attached

Conditional pardon is one under which the convict is oblige to follow

certain conditions.
How to avail the privilege of conditional pardon?

To avail of this privilege

• Qualified inmate, his family or relatives, or upon recommendation of prison

authorities
• File a petition for conditional pardon
• 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
What are the minimum requirements for a convict be eligible for the grant of
Pardon?

For Conditional Pardon, the petitioner must have served at least on-half (1/2) of
the minimum of his indeterminate sentence or the following portions of his
sentence:

• At least two (2) years of the minimum sentence if convicted of Murder or

Parricide but not sentenced to Reclusion Perpetua;
• At least one (1) year of the minimum sentence if convicted of homicide;
• At least nine([9) months if convicted of frustrated homicide
• At least six (6) moths if convicted of attempted homicide
What will happen when the pardonee fails to comply with the conditions of pardons?

• In case of violation of any provisions of the conditional pardon, the pardon itself is
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 maximum
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.
Is the revocation of conditional pardon by the President may be
reviewed by court?

No. the determination of violation of conditional pardon rests

exclusively in the sound judgment of the Chief Executive and the
courts will not interfere by way of review with any of its findings.
What is the 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 (170
SCRA 190), 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
An act of the sovereign power granting oblivion or general pardon for a
past offense usually granted in favor of certain classes of persons who
have committed crimes of a political character, such as treason, sedition
or rebellion

Also known as General Pardon or Blanket Pardon

Amnesty, from the Greek stem amnestia, meaning to forget, is an act of

the legislature whose aim is to erase an accomplished fact which would
otherwise be punishable, and so either to prevent or to stop legal action or
as the case may be, to erase any sentence.
DISQUALIFICATION FOR AMNESTY

1. Proclamation No. 75 made clear that the amnesty "shall not cover rape, acts of
torture, crimes against chastity and other crimes committed for personal ends.“

It included a condition where the applicant should have an "express admission" of

participation and guilt, and a "recantation of all previous statements" that are not
consistent with the admission.

2. Cannot also be granted in cases of impeachment

3. Cannot be applied to cases of violation of election laws without favorable

recommendation from the COMELEC

4. Cannot be granted in cases of RA 9745 or anti torture law.

5. Cannot be extended to cases of civil and legislative contempt

EFFECTS OF AMNESTY

1. Looks Backward: Extinguishes Criminal Liability

- Amnesty totally extinguishes criminal liability and produces total
oblivion.

2. Restore Civil and Political Rights

- Amnesty restores all the civil and political rights lost due to criminal and
other actions or proceedings as a product of conviction
THE PHILIPPINES HAD ISSUED TWO AMNESTY PROCLAMATIONS IN THE
PAST.

PRESIDENTIAL PROCLAMATION NO. 51

Pres. Manuel Roxas amnestifying those who collaborated with the
Japanese during WWII.

PRESIDENTIAL PROCLAMATION NO. 76

Pres. Elpidio Quirino extending amnesty to leaders and members of the
Hukbo ng Bayan Laban sa Hapon(HUKBALAHAP) or Huk and Pambansang
Kaisahan ng mga Mambubukid (PKM)
PARDON VS AMNESTY
REPRIEVE
Reprieve

It is applied to death sentences already affirmed by the supreme court.

Reprieve is temporary stay of execution of sentence

Reason: to give enough time to Supreme Court in reviewing cases with

conviction of death penalty.
WHEN A DEATH SENTENCE MAY BE SUSPENDED?

Death sentence shall be suspended when the accused is:

1. A woman, while pregnant;

2. A woman, within one year after delivery;

3. Person over 70 years of age.

4. The suspension of the execution of the sentence as regards a person over 70

years old is necessary to give the President time to act because only the
President can reduce the sentence.

5. In cases wherein, a convicted prisoner became insane before the actual date of
execution.
COMMUTATION OF SENTENCE
Commutation of Sentence

Shall refer to the reduction of the duration of prison sentence. Its is

another prerogative of the president . It is an act of president by which
heavier or longer sentence is reduce is reduce to lighter or shorter term
Commutation of Sentence

Reduction or lowering, shortening of sentence

- an executive clemency changing a heavier sentence to a less serious

one, or a longer prison term to a shorter one

- granted by the president with the recommendation of the BPP

- granted after conviction but do not erase the fact of conviction of the
person

- granted with condition of maintaining good behavior

EXECUTIVE CLEMENCY
(REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND PAROLE)

Review of Cases for Executive Clemency. —

Petitions for executive clemency may be reviewed if the prisoners meet the
following minimum requirements:
FOR COMMUTATION OF SENTENCE

1. served at least one-third (1/3)  minimum of his indeterminate and/or definite

sentence

2. at least ten (10) years  Reclusion Perpetua or Life imprisonment for

crimes or offenses committed before January 1,
1994.

3. at least twelve (12) years  sentences were adjusted to a definite prison

term of forty (40) years

4. at least fifteen (15)  heinous crimes or sentenced to one or more

Reclusion Perpetua or Life imprisonment.

5. at least twenty (20)  one (1) or more Death penalty/penalties,

which was/were automatically reduced or
commuted to one (1) or more Reclusion Perpetua
or Life imprisonment;
FOR CONDITIONAL PARDON

served at least one-half (1/2)  minimum of his original indeterminate and/or

definite sentence.

served at least one-half (1/2)  maximum of his original indeterminate

sentence of heinous crime
FOR ABSOLUTE PARDON

After he has served his maximum sentence or granted final release and discharge
or court termination of probation.

However, the Board may consider a petition for absolute pardon even before the
grant of final release and discharge under the provisions of Section 6 of Act No.
4103, as amended, as when the petitioner:
(1) seeking an appointive/elective public position or reinstatement in the
government service;
(2)needs medical treatment abroad which is not available locally,
(3)will take any government examination; or
(4)is emigrating.

For absolute pardon ten years must have elapsed from the date of the release of
petitioner from confinement or five years from the date of expiration of his
maximum sentence whichever is more beneficial to him
BOARD ACTION. —

A majority of the members of the Board, constituting a quorum, shall be

necessary to recommend the grant of executive clemency or to grant parole;
to modify any of the terms and conditions appearing in a Release Document,
to order the arrest and recommitment of a parolee/pardonee; and to issue
certificate of Final Release and Discharge to a parolee/pardonee
SUMMARY
 PROBATION PAROLE P A R C

WHAT disposition conditional act of grace temporary constitution

after release stay of al
conviction  served to forgive to forget execution reduction
 released min. of of sentence of sentence
with indetermin
condition ate
sentence

ORIGIN & ENGLAND EUROPE 1987 PH CONSTITUTION

LEGALITY ART. 7, SEC. 19
US US

LAW PD 968 ACT 4103 1987 PH CONSTITUTION

ART. 7, SEC. 19
 RA 10707
 PROBATION PAROLE P A R C
QUALIFI not exceed served min. ½ min is group / death 1/3 of is /
CATIONS 6 years of class penalty ds
indetermin ½ max
ate henious
sentence

max: 1 yr

WHEN TO after served min. after b/d/a after after

APPLY of is
(CONVICTION) w/in 15
days

INVESTI PSI PPI PECI

GATION POST PRE- PRE EXECUTIVE CLEMENCY
REPORT SENTENCE PAROLE 30D – NON EXT.
 PROBATION PAROLE P A R C
GRANTING TRIAL BPP PRES PRES PRES PRES
COURT THRU BPP CONCURRE THRU BPP THRU BPP
(10707) NCE OF
CONGRESS

REPORTS PROBATION DOP RD RELEASE RELEASE ORDER ORDER

UPON ORDER DISCHARGE ORDER IRDER
GRANTING ON PAROLE

RELEASE
DOCUMENT

REPORTS FINAL SUMMARY

UPON REPORT REPORT
COMPLIANCE /
END OF
 PROBATION PAROLE P A R C

REPORTS FINAL CF RD
UPON DISCHARGE
DISCHARGE OR CERT OF
OF ALL TERMINATIO FINAL
CONDITIONS N ORDER RELEASE
AND
DISCHARGE

INVESTIGAT SUMMARY FACT

ION UPON HEARING FINDING
VIOLATION INVESTIGAT
ION
GCTA (GOOD CONDUCT TIME ALLOWANCE)

ACT 3815 (RPC) – ART 94, 97, 99  RA 10592 Sec. 2, 3, 5

GCTA (GOOD CONDUCT TIME ALLOWANCE)

What is RA 10592?

 amended Articles 29, 94, 97, 98, and 99 of the RPC, which sought to:
 expand the application of the GCTA to those under preventive imprisonment or
those detained prior and during criminal trial, who are deemed too dangerous
for release;
 increase the number of days that may be credited for GCTA;
 allow an additional sentence deduction of 15 days for each month of study,
teaching, or mentoring service; and
 expand the special time allowance for loyalty and make it applicable to those
under preventive imprisonment.
GCTA (GOOD CONDUCT TIME ALLOWANCE)

WHO CAN AVAIL GCTA?

Inmates who display good behavior and no record of breach of

discipline or violation of prison rules and regulations.
GCTA (GOOD CONDUCT TIME ALLOWANCE)

EXCLUDED ?

1. When they are recidivists, or have been convicted previously twice or

more times of any crime; and

2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.
GCTA (GOOD CONDUCT TIME ALLOWANCE)

WHO CAN GRANT GCTA?

DIRECTOR GENERAL OF BUCOR

JAIL DIRECTOR OF BJMP
WARDEN OF C, M, P, D JAILS
GCTA (GOOD CONDUCT TIME ALLOWANCE)

YEARS OF IMPRISONMENT
RA 10592 (NEW)
REDUCTION
FIRST 2 YEARS 20 DAYS
3RD TO 5TH YEAR 23 DAYS
6TH TO 10TH YEAR 25 DAYS
11TH YEAR AND UP 30 DAYS
ANYTIME DURING 15 DAYS
IMPRISONMENT
(FOR STUDY, MENTORING,
AND TEACHING)
STAL (SPECIAL TIME ALLOWANCE)

ACT 3815 (RPC) – ART 98  RA 10592 Sec. 4, 5

a reduction of sentence given to a prisoner who stays or escape during a

calamity and surrendered / returned within 48 hours after the
proclamation of passing of the calamity.
STAY REDUCTION OF 2 / 5 OF
ORIGINAL SENTENCE

ESCAPE
(RETURNED WITHIN 48 HRS) REDUCTION OF 1 /5
FROM ORIG SENTENCE

(IF DID NOT RETURNED) ADDITIONAL 1 /5

STAL (SPECIAL TIME ALLOWANCE)

WHO CAN GRANT STAL?

DIRECTOR GENERAL OF BUCOR

JAIL DIRECTOR OF BJMP
WARDEN OF C, M, P, D JAILS
Is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the Court and under the
supervision of probation officer.

a. PAROLE
b. PARDON
c. PROBATION
D. EXECUTIVE CLEMENCY
Which of these is known as the adult probation law, which grants
probation to prisoner sentenced to a term of prison of not more than six
(6) years?

A. PD 603
B. RA 698
C. PD 968
D. RA 10707
After appealing his case involving a non-probationable penalty, the
appellate court has reduced his sentence into a probationable one. But
still he sought for the review of the modified decision. Can he still apply
for probation after doing so?

a. YES, APPLYING FOR PROBATION AFTER AN APPEAL IS NOW ALLOWED

BY LAW
b. NO, THE ACCUSED LOSES THE RIGHT TO APPLY FOR PROBATION
C. MAYBE
D. IT DEPENDS
Which of the following process is used by the court to determine if the
ends of justice and the best interest of the public as well as the defendant
be served before granting probation?

A. CONDUCT OF BACKGROUND INVESTIGATION

B. PSYCHOLOGICAL AND PHYSICAL EXAMINATION
C. CONDUCT POST SENTENCE INVESTIGATION
D. DETERMINE PREVIOUS CRIMINAL RECORDS OF THE DEFENDANT
The application for probation shall be filed with the which has jurisdiction
over the case.

A. TRIAL COURT
B. PAROLE AND PROBATION ADMINISTRATION
C. BOARD OF PARDONS AND PAROLE
D. COURT
When can an accused who appealed may still apply for probation?

a. WHEN THE APPEAL IS DENIED

b. WHEN A JUDGEMENT OF CONVICTION IMPOSING A NON-
PROBATIONABLE PENALTY IS REDUCED FOR A LESSER CRIME WHICH
IS PROBATIONABLE
C. WHEN THE COURT ALLOWS IT AFTER FILING A PROPER MOTION
D. WHEN THE CASE APPEALED IS DISMISSED BY THE APPELLATE COURT
How many days is given to PPA to submit their Post-sentence
investigation?

A. 60 days
B. 30 days
C. 15 days
D. 10 days
All of the following are the consequences of violating the conditions of
probation, except:

A. REVOCATION OF THE PROBATION

B. MODIFICATION OF THE CONDITIONS
C. SUSPENSION OF PROBATION
D. NONE
Which of the following circumstances requires the probationer to serve
the penalty imposed for the offense under which he was placed on
probation?

A. FAILURE TO BECOME PRODUCTIVE MEMBER OF THE SOCIETY

B. FAILURE TO RENDER ASSISTANCE TO PERSONS IN EMERGENCY CASES
C. FAILURE TO COMPLY WITH THE CONDITIONS OF PROBATION
D. FAILURE TO COMMIT ANOTHER OFFENSE
Which of the following situations can the offender apply for probation?

A. AT THE START OF THE TRIAL

B. AFTER THE CONDUCT OF ARRAIGNMENT
C. AFTER CONVICTION AND SENTENCE
D. BEFORE CONVICTION AND SENTENCE
During the conduct of the PSI, must be gathered from those persons who
have direct personal knowledge of the petitioner, offended party family
members, and/or their relatives.

a. BACKGROUND INFORMATION
b. RECORDS CHECK
c. PERTINENT INFORMATION
d. COLLATERAL INFORMATION
The grant of probation is the function of the.

a. PROBATION AND PAROLE OFFICER

b. COURT
C. PROBATIONER
D. TRIAL COURT
The sentence of Mr. X was promulgated by the RTC branch 12 in relation to
a crime he committed. Should Mr. X decide to apply for probation, how
many days is given for him to file his petition?

a. Within 15 days
b. Period before finality of judgment
c. Period of perfecting an appeal
d. Before lapse of period of perfecting an appeal
e. All of these
A comprehensive courtesy investigation from another Probation Office
which requests for a complete PSIR on a petition for probation pending
referral investigation in the Probation Office of origin.

A. POST-SENTENCE INVESTIGATION REPORT

B. PARTIAL COURTESY INVESTIGATION
C. GENERAL INTER OFFICE REFERRAL
D. FULL-BLOWN COURTESY INVESTIGATION
When will the court terminate probation?

A. AFTER EXPIRATION OF SENTENCE

B. AFTER REHABILITATION OF THE PROBATIONER
C. AFTER THE REPORT AND RECOMMENDATION OF THE PPO
D. AFTER THE APPLICATION BY THE PROBATIONER OR PPO
Substantial compliance during parole supervision would result in the
submission of a Summary Report by the supervising officer on case. In
effect, upon evaluation, the Board may resolve to issue a ---- for the
absolute freedom of the client.

A. DISCHARGE ON PAROLE
B. POST SENTENCE INVESTIGATION REPORT (PSIR)
C. CERTIFICATE OF FINAL RELEASE AND DISCHARGE (FRD)
D. CERTIFICATE OF FINAL DISCHARGE AND RELEASE (FDR)
Prisoner’s case is eligible for review for the grant of parole are the
following EXCEPT.

A. INMATE IS SERVING INDETERMINATE SENTENCE AND THE MAXIMUM

SENTENCE OF EXCEEDS 1 YEAR
B. HE HAS SERVED THE MINIMUM PERIOD OF THE INDETERMINATE
SENTENCE
C. INMATES CONVICTION IS FINAL AND EXECUTORY
D. INMATES CONVICTION IS ON APPEAL TO THE SUPREME COURT
They are responsible for the grant of parole and recommending Executive
Clemency to the President.

A. PAROLE AND PROBATION ADMINISTRATION

B. SECRETARY OF DOJ
C. EXECUTIVE SECRETARY OF THE PRESIDENT
D. BOARD OF PARDONS AND PAROLE
When can the President give Pardon to deserving prisoners?

A. BEFORE CONVICTION
B. DURING TRIAL
C. AFTER CONVICTION
D. DURING INVESTIGATION
Is a general pardon extended to a group of persons generally exercised by
the Chief Executive with the concurrence of congress.

A. PARDON
B. ABSOLUTE PARDON
C. CONDITIONAL PARDON
D. AMNESTY
Is a statutory privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment.

A. PROBATION
B. COMMUTATION OF SENTENCE
C. SPECIAL LOYAL TIME ALLOWANCE
D. GOOD CONDUCT TIME ALLOWANCE
A form of supervision wherein the clients are required to report at least
twice a month.

a. MINIMUM SUPERVISION
b. MEDIUM SUPERVISION
C. MAXIMUM SUPERVISION
D. SUPER MAXIMUM SUPERVISION
What report is submitted by the Probation and Parole Officer to the Board
after the expiration of the maximum sentence of a parolee?

a. FINAL REPORT
b. SUMMARY REPORT
C. PROGRESS REPORT
D. INFRACTION REPORT
He is known as the Father of Probation in England.

A. MATTHEW DAVENPORT HILL

B. JOHN AUGUSTUS
C. EDWARD N. SAVAGE
D. ALEXANDER H. RICE
In the process of parole investigation, the Penal Superintendent has the
obligation to transmit to the Prison Director all pertinent records of
prisoners in prison within days before the expiration of the prisoner’s
minimum sentence.

a. 30 days
b. 15 days
c. 10 days
d. 60 days
Who is the chairperson of the Board of Pardons and Parole ?

a. ADMINISTRATOR OF DOJ-PPA
b. SECRETARY OF JUSTICE
C. PRISON DIRECTOR
D. PENAL SUPERINTENDENT
The Board shall recommend the grant of Executive Clemency when
circumstances are present.

A. EXTRAORDINARY
B. MERITORIOUS
C. SPECIAL
D. EXTREME
Refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional
Institution for Women and the prison and penal farms of the Bureau of
Corrections;

A. DIRECTOR
B. DIRECTOR GENERAL
C. WARDEN
D. PENAL SUPERINTENDENT
Pardon cannot be extended to one of the following instances.

A. MURDER
B. BRIGANDAGE
C. RAPE
D. IMPEACHMENT
During the parolee’s period of parole supervision this is a report submitted
by the Probation and Parole Officer which states the conduct of parolee in
the duration of his parole supervision.

A. PROGRESS REPORT
B. STATUS REPORT
C. INFRACTION REPORT
D. VIOLATION REPORT
RENEWING MY LICENSE EVERY 3 YEARS