ISABELA STATE UNIVERSITY ECHAGUE

Non-Institutional Correction
(Probation, Parole ad Executive Clemency)
 Parole and Probation
Administration (PPA) JOHN AUGUSTUS – “The father
Official Logo of probation in USA.”
Subject Code: Correctional Administration (CA) 2

Course Description: The course focuses on Presidential Decree 968, otherwise known as the “Probation Law of
1976 as Amended, “establishing a probation system in the Philippines, its historical background, philosophy,
concepts and operation as a new correctional system, investigation, selection and condition of probation,
distinction between incarceration, parole, probation and other forms of executive clemency, total involvement of
probation in the administration of the Criminal Justice System.

This course also treats the study of act 4103, as amended, otherwise known as the “Indeterminate Sentence Law”
that created the Board of Pardons and Parole, system of releasing and recognizance, execution, clemency and
pardon.

General Objectives: Upon completion of the course the students are expected to:
1. interpret the provisions of laws related to probation, parole and executive clemency;
2. explain fully the basic concepts, principles and philosophy of the Probation System as well as parole and
executive clemency;
3. describe the relationships of the probation administration with the other pillars of criminal justice system;
4. recommend or provide solutions or problems involving probation investigation and supervision;
5. discuss the operations of probation in the country;
6. apply learned concepts in their everyday life.

Student Name: __________________________________________________________________________

Address: _______________________________________________________________________________

CHAPTER I
 INTRODUCTION TO COMMUNITY BASED
CORRECTION PROGRAM
CHAPTER CONTENTS
1. The Present Philippine Correctional Set-Up
2. Community-Based Correction Programs in the
Philippines
3. Advantage of Community Based Correction
Programs
4. The role of Community Corrections in the
Criminal Justice System
5. Basic Principles Underlying the Philosophy of
Community-Based Treatment Programs
6. Subject coverage
SPECIFIC OBJECTIVES
At the end of the chapter, students should be able to:
1. define correction and identify its role as
component of criminal justice system.
2. illustrate and understand the present Philippine
correctional set-up.
3. define community-based correction.
4. differentiate and compare institutional
correction to community based correction
program.
5. identify the advantages of community based
correction program and explain its role in the
criminal justice system.
6. identify and justify the basic principles
underlying the philosophy of community
based-treatment programs.
7. enumerates and differentiates the forms of
community based correction program.
I. THE PRESENT PHILIPPINE
CORRECTIONAL SET-UP
A. WHAT IS CORRECTION?
Correction is the branch of the administration of CJS
charged with the responsibility for the custody, supervision
and rehabilitation of convicted offenders. It is also define
as the STUDY OF JAIL OR PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation and
reformation of criminals.
Further, it is define as a GENERIC TERM that includes all
government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the
investigation, intake, custody, confinement, supervision, or
treatment of alleged offenders.
B. DUAL PURPOSE OF CORRECTIONS
1. To punish and
2. To rehabilitate the offender.
C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL
JUSTICE SYSTEM
Correction is the fourth pillar of the PCJS, and
identified as the weakest pillar. As a field of criminal justice
administration, it utilizes the body of knowledge and
practices of the government and the society in general
involving the process of handling individuals who have
been convicted of offenses for purposes of crime
prevention and control.
Among the five pillars of the criminal justice system,
corrections is the least heard, known or understood society
seems to have some reluctance to look at it although its
role in the reformation and rehabilitation of offenders
cannot be overemphasized. Furthermore, jail
administration and control in our country is distributed to
at least, four agencies:
1. The BUREAU OF CONNECTIONS (BUCOR), under
the DOJ; which has supervision over the national
penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP), under the DILG; which has the
exclusive control over all city, municipal and
district Jails nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG;
which supervise and control their respective
provincial and sub-provincial Jails; and
4. the DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD), which takes care of,
among others, youthful offenders entered in
detention centers for juveniles, aside from thesce,
Other agencies under this pillar are the: (Community
Based Correction)
1. The Parole and Probation Administration (PPA)
under the Department of Justice (DOJ); and
 2. The Board of Pardons and Parole also under the
Department of Justice.
NOTA BENE: There are also LOCK-UP JAILS under the
Philippine National Police (PNP); this fragmented
administration of jails often creates confusion since
many are not aware of this set-up.
Generally, corrections, as a component of the system
are responsible for:
1. The MAINTENANCE of institution such as prisons,
jails, halfway houses, and others.
2. The PROTECTION of law-abiding members of society
by keeping convicted offenders from preying on
society.
3. The REFORMATION and rehabilitation of offenders in
preparation for their eventual reintegration to the
mainstream of society and helping them lead a
normal life after release.
4. The DETERRENCE of crimes, experience in prison and
the fear of isolation and denial of liberty will
influence inmates and potential offenders to lead a
life not in conflict or afoul with the law.
D. DECONGESTION OF JAILS
There are several laws, decrees and circulars which we
implement to decongest our jails. But before we discuss
these, allow me to show you how congested our jails are as
far as the national capital region is concerned.
Jail congestion is not a recent phenomenon, nor is it
confined in the Philippines alone. Jail congestion is
WORLDWIDE. Some industrialized countries like the United
States, experience it, let me cite a few examples: Rikkers
Island in New York is actually an island prison facility. It is
overcrowded. To cushion the effect of congestion, two
floating dormitories were constructed to confine offenders
therein; in 1995 or four years ago. Director General Keith
Hamburger of the Queensland services commission of
Australia reported that congestion is also a problem in his
country.
In January of 1994, in Manila, Ronald W. Nikkel,
president of prison fellowship international who had toured
some of the jails in the National Capital Region (NCR) and
the New Biliid Prisons of the Bureau of corrections in
Municipal City observed and commented that in the 41
countries of the world he had traveled, most have a
problem on congestion. He added that this problem is
PREVALENT IN THIRD WORLD COUNTRIES.
In our country, jail congestion, particularly in big cities
and municipalities, has been a PERENNIAL PROBLEM ever
since. This problem, to borrow a parallelism, is a sleeping
giant. Unfortunately, for jail administrators and personnel,
the giant has taken up and is stretching its enormous arms
and legs. OPLAN DECONGESTION must be put in place to
lay this giant back to sleep.
OPLAN DECONGESTION was formalized through the
execution of a memorandum of agreement on February 12,
1993. Among the public attorney’s office, the parole and
probation administration, the Board of Pardons and Parole
which are all under the Department of Justice, and the
Bureau of Jail Management and Penology which is under
the Department of the Interior and local government. The
avowed PURPOSE of said agreement (MOA) was jail
decongestion through collective and cooperative efforts.
Realizing that all helps available must be harnessed to
effectively combat overcrowding or congestion in jails, the
said memorandum of agreement was EXPANDED on
August 17, 1993 with the inclusion of the National
Prosecution service or (NAPROS) as the fifth party thereto.
True to its form, the MOA spreads up its intent through
seminars. These offered opportunities to officials and
personnel of the tasked agencies to familiarize themselves
with the mechanics of the agreement, as well as to offer
avenue to discuss various aspects of how jails are to be
decongested.
E. LAW AND DECREES USUALLY AVAILED OF TO
DECONGEST JAILS
1. Presidential Decree No. 603, known as the child and
young welfare code, suspends sentence of minor
offenders whose ages range from nine (9) years to
under eighteen (18) years and place them in
rehabilitation centers under the supervision of the
Department of Social Welfare and Development before
they are released to the custody of their parents or to
any responsible person.
2. Batas Pambansa Bilang 85, authorizes the release of a
detainee who has undergone preventive imprisonment
equivalent to the maximum imposable sentence for the
offense he is charged with’
3. Article 96 of the Revised Penal Code, provides that in
meritorious cases, the commutation of the prisoner’s
sentence through presidential action shall be upon the
recommendation of the court which imposed the
same; and ARTICLE 97, which provides that a prisoner
shall be entitled to a deduction from his prison term for
good conduct; and
4. DOJ Memorandum Circular no. 6 which directs all
wardens or anyone in-charge of local jails to effect the
immediate transfer of national prisoners to the Bureau
of corrections.
5. Republic Act No. 9165- Comprehensive Dangerous
Drug Act of 2002 (July 4, 2002) -1st time minor offender
(probation) for use 2 possession only./deport
6. Republic Act No. 9344 – Juvenile & Justice welfare Act
of 2006 (May)
7. Republic Act No. 6036, known as the release on
recognizance law, provides for the release of offenders
charged with an offense whose penalty is not more
than six (6) months and/or a fine of Two Thousand
pesos (2,000) or both, to the custody of a responsible
person in the community, instead of a bail bond;
8. Republic Act No. 6127, fully deducts the period of the
offenders’ preventive detention from the sentence
imposed by the courts;
9. Republic Act No. 4103, as amended, creating the Board
of Pardons and Parole tasked to look into the physical,
mental and moral record of prisoners to determine
who shall be eligible for parole or conditional pardon.
stay in the community, subject to the conditions
imposed by the court.
They are either granted probation, parole,
conditional pardon or recognizance. The parole and
probation Administration under the Department of
Justice is the government agency that supervises the
activities of the probationer, parolee and pardonee and
monitors his compliance with conditions imposed.
What is a Community correction?
It is a sanction in which offenders serve some or all
their sentence in the community. It is sometimes
referred to as non-institutional corrections. The subfield
of corrections in which offenders are supervised and
provided services outside jail or prison.
DISTINCTION BETWEEN INSTITUTIONAL AND NON-
INSTITUTIONAL CORRECTION

10. Presidential Decree No. 968 July 24, 1976 is the Institutional Non-Institutional
Philippine Probation Law of 1976. Probation is, of That aspect of the That aspect of the
course, a very important legal instrument that correctional enterprise correctional enterprise
contributes to the decongestion of Philippine jails. that involves the that includes pardon,
incarceration and probation, and parole
F. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM rehabilitation of adults activities, correctional
The Philippine Correctional System has two and juveniles convicted administration not
approaches, and these are, the Community based and of offenses against the directly connectable to
institution-based systems. law, and the institutions, and
confinement of persons miscellaneous (activity)
1. The Institution-Based Approach-The rehabilitation of suspected of a crime not directly related to
offenders in jail or prison awaiting trial and institutional care.
The institution-based approaches has three levels adjudication.
and are manned by three different government
agencies responsible for the supervision and control of
the numerous institutional facilities nationwide which II. COMMUNITY-BASED
provide safekeeping and rehabilitation of inmates,
namely:
CORRECTION PROGRAMS IN THE
1. The national prison’s and penal farms under the PHILIPPINES
Department of justice; The Community-Based Treatment Programs are those
2. The provincial and sub-provincial jails under the programs that are intended to treat criminal offenders
provincial government; and within the free community as alternatives to confinement.
3. The City, Municipal and District Jails under the It includes all correctional activities directly addressed to
Department of Interior and Local Government. the offender and aimed at helping him to become a law-
The Bureau of corrections, headed by a non- abiding citizen.
uniformed director, under the department of Justice, Community-based correction programs began in the
supervises and controls the national prisons and penal 1970s, 1980s, and 1990s. The programs offer an alternative
farms. to incarceration within the prison system. Many
criminologists believed a significant number of offenders
2. Non-Institutional Correction or Community-Based did not need incarceration in high security prison cells.
Approach- It refers to correctional activities that may Some inmates, who might otherwise have been ready to
take place within the community or the method of turn away from a life of crime, instead became like the
correcting sentenced offenders without having to go hardened criminals they associated with in prison.
to prison. In response, states, counties, and cities established
Not all convicted offenders have to serve their local correctional facilities and programs that became
sentence behind bars. Some of them are allowed to known as community-based corrections. These facilities,
located in neighborhoods, allowed offenders normal family
relationships and friendships as well as rehabilitation
services such as counseling, instruction in basic living skills,
how to apply for jobs, and work training and placement.
III.ADVANTAGES OF COMMUNITY-
BASED CORRECTION
1. Family members need not be victims also for the
imprisonment of a member because the convict
can still continue to support his family.
2. Rehabilitation will be more effective as the convict
will not be exposed to hardened criminals in
prisons who will only influence him to a life of
crime.
3. Rehabilitation can be monitored by the community
thus corrections can be made and be more
effective.
4. It is less costly on the part of the government. Cost
of incarcerations will be eliminated which is
extremely beneficial on the part of the
government.
IV.THE ROLE OF COMMUNITY
CORRECTIONS IN THE
CRIMINAL JUSTICE SYSTEM
Community sentence seeks to repair the harm the
offender has caused the victim or the Community,
provide for public safety and rehabilitate and promote
effective reintegration.
A community correction has traditionally emphasized
REHABILITATION as its goal. The staff of community
correctional programs has two potentially competing
roles that reflect different goals:
a. Seeing that offenders comply with the orders of
community sentences.
b. Helping offenders identify and address their
problems and needs.
V. BASIC PRINCIPLES UNDERLYING
THE PHILOSOPHY OF
COMMUNITY-BASED TREATMENT
PROGRAMS
The following are the basic principles underlying the
philosophy of community-based treatment programs:
1. Humanitarian Aspect - Imprisonment is not always
advisable. Placing a person to custodial coercion is
to place him in physical jeopardy, thus drastically
narrowing his access to sources of personal
satisfaction and reducing his self-esteem.
2. Restorative Aspect - There are measures expected
to be achieved by the offender, such as an
establishment of a position in the community in
which he does not violate the laws. These
measures may be directed at changing and
controlling the offender. The failure of the
offender to achieve these can result to recidivism.
3. Managerial Aspect - Managerial skills are special
importance because of the sharp contrast
between the per capital cost of custody and any
kind of community program. It is easier to manage
those undergoing community based treatment
programs than that of custodial control.
VI.SUBJECT COVERAGE
1. Probation - One of the most common forms of
community correction is probation. Probation can
be thought of as a type of post-trial diversion from
incarceration. A term coined by John Augustus,
from the Latin verb “probare”- to prove, to test.
It is a disposition under which a defendant
after conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is
released subject to the conditions imposed by the
releasing court and under the supervision of a
probation officer.
Furthermore, it is define as a sentence in which
the offender, rather than being incarcerated, is
retained in the community under the supervision
of a probation agency and required to abide by
certain rules and conditions to avoid incarceration.
2. Diversion – For juvenile offender or CICL
3. Restitution - In recent years it has become
increasingly common for jurisdictions to include
restitution orders as part of probation.
Money paid or services provided to victims,
their survivors, or to the community by a convicted
offender to make up for the injury inflicted.
4. Halfway houses - Community-based residential
facilities that are less secure and restrictive than
prison or jail but provide a more controlled
environment than other community correctional
programs.
Goal of Halfway House: The goal of halfway
houses is to provide offenders with a temporary
period of highly structured and supportive living so
that they will be better prepared to function
independently in the community upon discharge.
What is home Confinement? It is a program that
requires offenders to remain in their homes except
 for approved periods of absence; commonly used
in combination with electronic monitoring. Home
confinement is also known as home incarceration,
home detention, and house arrest.
OTHER ASPECTS OF CORRECTIONS
1. Parole - It is the process of suspending the
sentence of a convict after having serve the
minimum of his sentence without granting him
pardon, and the prescribing term upon which the
sentence shall be suspended.
2. Conditional Pardon-It 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.

b. Amnesty - A general pardon extended to a group

2. Executive Clemency
It shall refer to Absolute Pardon,
Conditional Pardon with or without Parole
conditions and Commutation of Sentence as may
be granted by the President of the Philippines
upon the recommendation of the Board of Pardon
and Parole.
a. Pardon It is a form of executive clemency
granted by the President of the Philippines as
a privilege to a convict as a discretionary act of
grace. It is an act of grace is extended to
prisoners as a matter of right, vested to the
Chief Executive (The President) as a matter of
power. Neither the legislative nor the judiciary
branch of the government has the power to
set conditions or establish procedures for the
exercise of this Presidential prerogative. The
following are the two types of pardon:
1. Absolute Pardon-It 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.
of persons, such a political offenders purposely to
bring about the return of dissidents to their home
and to restore peace and order in the community.
c. Commutation of Sentence - An act of the president
changing/ reducing a heavier sentence to a lighter
one or a longer term into a shorter term. It may
alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the
offender but merely to reduce the penalty
pronounce by the court.
d. Reprieve - A temporary stay of the execution of
sentence especially the execution of the death
sentence. Generally, Reprieve is extended to
prisoners sentenced to death.
The date of execution of sentenced is set back
several days to enable the Chief to study the
petition of the condemned man for commutation
of sentenced or pardon.

Purpose:
a. To right a wrong
b.To normalize a tumultuous
political situation.

Absolute Pardon is also granted by a

President to an imprisoned president the
incumbent has deposed. Absolute Pardon
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
the grant of Absolute Pardon.
 CHAPTER II
THE NATURE OF PROBATION
IN THE PHILIPPINES
CHAPTER CONTENTS
1. Introduction
2. Concept and Philosophy of Probation
3. Elements and Characteristics of Probation
4. Objectives, Purpose and Characteristics of
Probation
5. Advantages, Benefits and Savings of Probation
6. Problem Areas of the Probation Law
7. Probation under PD No. 603 as amended by RA
9344
SPECIFIC OBJECTIVES
At the end of the lesson, students should be able to:
1. define probation and other related terms.
2. justify the importance of probation.
3. understand the concept and philosophy of
probation system.
4. identify the elements and characteristic of
probation.
 5. identify the objectives and purpose of
probation. PROBATION DEFINE
6. list the advantages, benefits and savings of The word probation is from the Latin word “probatio”
probation system. which means testing. the word probation is also said to be
7. identify the problem areas of the probation originated from the Latin verb “probare” which means to
law. prove.
In criminal law it is a period of supervision over an
8. differentiates probation under PD No. 968 and
offender, ordered by a court instead of serving time in
PD No. 603 as amended by RA 9344.
prison.
In the case of Frad v. Kelly, "Probation is a system of
tutelage under the supervision and control of the court
I. INTRODUCTION which has jurisdiction over the convicted defendant, has
the record of his conviction and sentence, the records and
Most correctional authorities believed that probation is
reports as to his compliance with the conditions of his
one of the most effective and economical tools which
probation, and the aid of the local probation officer, under
society now has available for the care, treatment and
whose supervision the defendant is placed." It consists of
rehabilitation of certain adult and juvenile offenders against
the conditional suspension of punishment while the
the law. Probation is a procedure wherein a sentence of
offender is placed under personal supervision and is given
offender is temporarily suspended and he is permitted to
individual guidance or treatment.
remain in the community, subject to the control of the
The Philippine Probation Law of 1976, as enacted by
court and under the supervision and guidance of a
Presidential Decree No. 968, defines probation as, "a
probation officer. It is a privilege granted by the court to a
disposition under which a defendant, after conviction and
person convicted of a crime or criminal offense to remain
sentence, is released subject to conditions imposed by the
with the community instead of actually going to prison.
court and to the supervision of a probation officer." This
Presidential Decree No. 968 otherwise known as the
decree will take effect on January 2, 1978.
Probation Law of 1976 recognizes such trend. However, the
Decree separates adult probation from juvenile probation
TERMS TO PONDER
for it expressly excludes those entitled to the benefits
As used in Section 3 of PD 968 and Section 4 of Parole
under the provisions of Presidential Decree No. 603, known
and probation administration omnibus rules on probation
as the Child and Youth Welfare Code, and similar laws.
methods and procedure. The following shall, unless the
Statements of the principles, goals and objectives of
context otherwise requires, be construed thus:
the Probation Law are found in its Preamble. The Preamble
1. Amicus Curiae – Means friend of the court
indicates six essential goals, to wit:
2. Absconding Petitioner- a convicted accused whose
1. An enlightened and humane correctional system;
application for probation has been given due
2. The reformation of offenders;
course by the court but fails to report to the parole
3. The reduction of the incidence of recidivism;
and probation office or cannot be located within a
4. To extend to offenders individualized and
reasonable period of time.
community-based treatment programs instead of
3. Absconding Probationer- an accused whose
in1prisonment;
probation was granted but failed to report for
5. It is limited only to offenders who are likely to
supervision within the period ordered by the
respond to probation favorably; and
court or a probationer who fails to continue
6. It is economical or less costly than confinement to
reporting for supervision and/or whose
prisons and other institutions with rehabilitation
whereabouts are unknown for a reasonable period
programs.
of time.
To provide a less costly alternative to the imprisonment
4. Defense Counsel/Counsel- lawyer of the petitioner
of first-time offenders, then President Ferdinand E. Marcos
5. Petition- application for probation.
issued on July 24, 1976 Presidential Decree No. 968 known
6. Petitioner - a convicted defendant who files an
as the Probation Law of 1976. Under PD 968, the court
application for probation.
may, after it shall have convicted and sentenced an accused
7. Probationer - means a person placed on probation.
and upon application of said accused, suspend the
8. Probation- is a disposition under which a
execution of said sentence and place the accused on
defendant, after conviction and sentence, is
probation for such period and upon such terms and
released subject to conditions imposed by the
conditions as it may deem best. First-time offenders were
court and to the supervision of a probation officer.
given a second chance to maintain their place in society
9. Probation Investigation - The process of selection,
through a process of reformation, which is better achieved
diagnoses and planning with the client.
when he is not mixed with hardened criminals within prison
walls.
 10. Probation Supervision- The continuous process of
helping the client to follow through with the plans,
reevaluation and working with the client in the
process of planning his life to meet dynamic
situation.
11. Probation Officer - public officer like the Chief
Probation and Parole Officer (CPPO), Supervising
Probation and Parole Officer (SPPO), Senior
Probation and Parole Officer (SrPPO), Parole and
Probation Officer II (PPOII), or Parole and
Probation Officer I (PPOI), who investigates for the
Trial Court a referral for probation or supervises a
probationer or does both functions and performs
other necessary and related duties and functions
as directed.
12. Probation Office - refers either to the Provincial or
City Probation Office directed to conduct
investigation or supervision referrals as the case
may be;
13. Probation Order - order of the trial court granting
probation
14. Prosecutor- lawyer of the victim.
15. Trial Court - refers to the Regional Trial Court (RTC)
of the Province or City/Municipal Court which has
jurisdiction over the case.
16. Volunteerism - is a strategy by which the parole
and probation administration may be able to
generate maximum citizen participation or
community involvement in the overall process of
client rehabilitation.
II. CONCEPT AND PHILOSOPHY OF
PROBATION
A. CONCEPT OF PROBATION
P.D 968 as amended, otherwise known as the
probation law of 1976 defines probation. The court convicts
and sentences the defendant but the execution of the
sentence, whether it imposes a fine only or a term of
imprisonment is suspended and the defendant is released
on probation. Probation implies that during the period of
time fixed by the court, the defendant is provided with
individualized community based treatment including
conditions he is required by the court to fulfill his correction
and rehabilitation which might be less probable if he were
to serve a prison sentence, and for this purpose, he is
placed under the actual supervision and visitation of a
probation officer.
If the defendant violates any of the conditions of his
probation, the court may revoked his probation and order
him to serve the sentence originally imposed. On the other
hand, if he fulfills with the terms and conditions of his
probation, he shall be discharge by the court after the
period of probation, where upon the case against him shall
be deemed terminated. His final discharged shall operate to
restore to him all civil rights lost or suspended as result of
his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was
granted. However, he shall continue to be obliged to satisfy
liability resulting from the crime committed by him.
The basic legal conceptions of probation in the Decree
are twofold: First, it as a conditional suspension of the
execution of sentence - It denotes that the court assumes a
primary role because a grant of probation is judicially
dispensed and controlled. Second it is a personal care or
treatment and supervision over the probationer - It
indicates the administrative aspect of probation through
the supervision of a probation officer and from the point of
view of social workers, a social casework treatment.
PROBATION IS A COURT FUNCTION
In the Probation Law, the court assumes a dual role.
First, when it acts in accordance with the jurisdiction it
acquires over the accused and proceeds to determine his
guilt. Assuming an affirmative finding of the offender's guilt
beyond reasonable doubt, the court would convict and
sentence said offender. Second, when the court determines
whether or not to grant probation upon application of the
offender. Sections 3(a) and 4 of the Decree clearly shows
this dichotomy.
The Decree defines probation in Section 3 as "a
disposition under which the defendant, after conviction and
sentence, is released subject to the conditions imposed by
the court and to the supervision of a probation officer. It is
evident from this provision that an offender will be released
on probation only after conviction and sentence.
Furthermore, Section 4 underlines the necessity of filing an
application with the trial court before the suspension of the
execution of the court's judgment. The petition for
probation may be filed by a petitioner directly with the trial
court which exercises jurisdiction over his case. If the court
finds that the petition is in due form and that the petitioner
is not disqualified from the grant of probation it shall refer
the same to the Provincial or City Probation Officer within
its jurisdiction as the case may be. The court shall order the
Provincial or City Probation Office to conduct a post-
sentence investigation of the petitioner. Only upon the
filing of an application for probation after conviction and
sentence and a determination that the offender does not
fall under any of the disqualifications set forth in the Decree
may the court suspend the execution of sentence.
The Post-Sentence Investigation is an indispensable
requisite to a grant of probation. The Probation Law
provides: "No person shall be placed on probation except
upon prior investigation by the probation officer and a
determination by the court that the ends of justice and the
best interest of the public as well as that of the defendant
will be served thereby."
The scope of the investigation must be consistent with
the purposes of probation. In general, it is a fact finding
inquiry into all information relative to the character,
antecedents, environment, mental and physical condition
of the offender, and available institutional and community
resources.
Upon the termination of the Post-Sentence
Investigation, 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 purpose of the report is to assist the
court in determining whether or not the ends of justice and
the best interest of the public as well as that of the
defendant will be served thereby.
The recommendation contained in the report is merely
persuasive and is in no way binding upon the court.
Considering the foregoing and compliance therewith, the
court will promulgate a probation order. Probation is a
privilege and, as such, its grant rests solely upon the
discretion of the court. The grant of probation results in the
release of the petitioner subject to the terms and
conditions imposed by the court, and to the supervision of
the Probation Office.33 As to the conditions to be imposed
by the court, they are enumerated in Section 10 of the
Presidential Decree No. 968.
The jurisdiction and control of the court which arises
from an imposed sentence, remains with the court even
after a grant of probation. This is evident in Sections 32 and
40 of the Rules On Probation Methods and Procedures.
Section 32 provides: "During the period of probation the
court, motu proprio, or on motion of the probation officer
or of the probationer, may revise or modify the conditions
or terms of the probation order." In case of violation of the
terms and conditions imposed by the court, Section 40
provides "if the violation is established, the court may
revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to
serve the sentence originally imposed and shall commit the
probationer." This power of the court underlines the non-
punitive and non-repressive aspect of probation. Such
constitutes a sufficient threat to the probationer to fulfill all
terms and conditions imposed by the court.
PROBATION IS A ADMINISTRATIVE PROCESS
Once the court has granted probation to an offender
and has duly imposed the terms and conditions of the
probation, the probation officer has the bounden duty to
see to it that the probationer observes all terms and
conditions imposed by the court. Probation supervision is
then a primarily an administrative process.
The primary purposes of probation supervision are:
(a) To carry out the conditions set forth in the
probation order;
(b) To ascertain whether the probationer is following
said conditions; and
(c) To bring about the rehabilitation of the
probationer and his reintegration into the
community.
To carry out these purposes the Probation Law upon its
approval carried with it the establishment of a Probation
Administration an agency under the Department of Justice,
which shall exercise general supervision over all
probationers. The Administration shall have regional offices
organized in accordance with the field service area pattern
established under the Integrated Reorganization Plan.
There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary
of Justice upon recommendation of the Administrator and
in accordance with civil service law and rules.
At this juncture, it is to be emphasized that in spite of
the fact that the Probation Administration is an executive
agency, control of the courts over the probationer is not
lost. The basis for such is the first paragraph of Section 13 of
the Decree which provides that "the probationer and his
probation program shall be under the control of the court
who placed him on probation subject to actual supervision
and visitation by a probation officer."
A. PHILOSOPHY OF PROBATION
The Probation adheres to the following philosophy:
1. There is no single cause for delinquent behavior.
Human beings are extremely complicated. It is not
possible to trace complex pattern of Human
behavior to any single cause;
2. Delinquent and criminal acts are symptoms. The
offender against our law is exhibiting a symptom
of social or psychological disturbance, just as a
headache is a symptom of a physical disturbance.
This means that the juvenile delinquent or adult
offender is in need of treatment. The job of
Probation Administration is to find out what the
problems are beneath the symptom and to
recommend appropriate treatment plans;
3. That the individual has the ability to change and
modify his anti-social behavior with the right kind
of help;
4. The central goal of probation Administration is to
enhance the safety of the community by reducing
the incidence of Criminal acts by person previously
convicted. The goal is to achieve through
counseling , guidance, assistance, surveillance and
restraint of the offender to enable their
reintegration into society as law abiding and
productive members;
5. The basic idea underlying a sentence to probation
is very simple. Sentencing is in large part
concerned with avoiding future crimes by helping
the defendant learn to live productively in the
community which he has offended;
6. This is of course not to say that probation should
be used in all cases, or it will always produce better
results. There are many goals of sentencing some
of which in given case may require the imposition
of a sentence to imprisonment even in the face of
 a conclusion that the probation is more likely to
assure that the public that the particular defendant
will not offend again.
7. By the same token however, it can be said that
probation is a good bit more than the “matter of
grace” or “leniency” which characterizes the
philosophy of the general public and of many
Judges and legislators on the subjects. Probation is
an affirmative correction too, a tool which is used
not because is maximum benefits to the
defendant, but society which is sought to be
served by the sentencing criminals;
8. An adequate correctional system will place great
reliance on appropriately funded and manned
probation services. Within such context probation
services. Within such context probation can lead to
significant improvement in the preventive effects
of the criminal law, at much less of a financial
burden than the more typical prison sentence;
9. Imprisonment as a sole cure for prevalence of
Crime is no Longer recognized. Prisons are in
themselves often productive of crime and
Destructive of the keepers as well as kept
10. It is generally concealed that probation a matter of
privilege to be granted refused at discretion of the
State. The applicant has already been convicted
and sentenced by the court and it is only the mercy
of that he may be given probation;
11. No violation of probation conditions should result
in automatic revocation;
12. No physical would undertake to prescribe
treatment for sick man unless he has repot of his
ailment and condition (diagnosis), a judge should
not pass judgment on a man without post-
sentence investigation report.
III.ELEMENTS AND
CHARACTERISTICS OF
PROBATION
A. ELEMENTS OF PROBATION
a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION
1. A post sentence investigation report which will
serve as the informational for the court’s
decision to grant or deny probation.
2. The conditional suspension of execution of
sentence by the court.
3. Condition of probation imposed by the court
to protect public safety and to faster the
rehabilitation and reformation of the
probationer.
4. Supervision, guidance and assistance of the
offender by a probation officer.
b. ESSENTIAL ELEMENTS OF THE PROBATION
SYSTEM UNDER PRESIDENTIAL DECREE NO. 968
The following are the essential elements of the
probation system under Presidential Decree No.
968:
1. Probation is a single or one-time" affair.
2. Probation system is highly selective.
3. Persons under probation retain their civil
rights, like the right to vote, or practice one's
profession, or exercise parental or marital
authority.
B. CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional
treatment.
2. It aims to promote the reformation of the
offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and
community based treatment programs instead of
imprisoning them.
5. It is limited to offenders who are likely to respond
favorably there to.
6. It is less costly than the confinement of all
offenders in prisons.
IV.OBJECTIVES AND PURPOSE OF
PROBATION
A. OBJECTIVES OF PROBATION
The following are the fundamental objectives of a
Probation Agency
1. Assist the court in matters pertaining to
sentencing
2. Promote community protection by supervising and
monitoring the activities of persons on probation
3. Promote the betterment of offenders by ensuring
that they receive appropriate rehabilitation
services
B. THE PURPOSE OF THE PROBATION LAW
The purpose of the Probation Law as stated in Section
2 thereof reiterates the above-mentioned characteristics
and vests in them the mandate of law. It provides that the
purpose of the Decree is to:
1. Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
2. provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence; and
3. Prevent the commission of offenses.
V. ADVANTAGES, BENEFITS AND
SAVINGS OF PROBATION
A. ADVANTAGES OF PROBATION
The implementation of the Probation Law will confer
benefits and advantages not only to society in general but
more soon the part of the offender and the government.
Specifically the following are the advantage of probation:
1. Probation prevents crime by offering freedom and
aid only to those who are not likely to assault
society again.
2. It protects the society by placing under close
supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the
community.
3. It conform the modern humanistic trends in
Penology.
4. It prevents youthful of first time offenders from
turning into hardened criminals.
5. It is a measure of cutting enormous expends in
maintaining jails.
6. It reduces recidivism and overcrowding of jails and
prisons.
7. It reduces the burden of police forces and
institution in feeding and guarding detainees.
8. It gives the first and light offenders a second
chance in life.
9. It makes the offender productive or taxpayers
instead of tax eaters.
10. It restores to successful probationers his civil rights
which was previously lost or suspended as a result
of conviction.
11. It has been proven effective in developing
countries that have adopted it.
12. It is advocated by the United Nations in its various
congresses in crime prevention and treatment of
offenders
B. BENEFITS OF PROBATION
Probation has the following benefits:
1. It protects society
a. from the excessive cost of detention
b. from the high rate of recidivism of detained
offender
2. It protects the victim
a. it provides restitution
b. it preserves justice
3. It protects the family
a. it does not deprive the wife and children of
husband and father
b. it maintains the unity of a home
4. It assists the government
a.
b.
it reduces the population of prisons and jail
it lessens the clogging of courts
c. it lightens the load of prosecutors
5. It helps the offender
a. it maintains his earning power
b. it provides rehabilitation in the community
c. it restores his dignity
6. It justifies the philosophy of men
a. that life is sacred
b. that all men deserve a second chance
c. that and individual can change
d. that society has the moral obligation to lift the
fallen
C. SAVINGS OF PROBATION
The following are the savings of probation:
1. Probation is one tenth the cost of detention. As
illustrated, the per capita cost of maintaining one
offender in the Philippines is estimated at Php
11,000.00 annually, while it costs only Php 300.00
to maintain one offender on probation.
2. This means savings of Php 30,000.00 when 10,000
of 40,000 offenders are on probation annually. It is
expected that at least one third of the prisons and
jail population in the country would benefit from
probation.
3. The average per capita income of a Filipino in 2003
according to the National Statistics and
Coordination Board (NSCB) was Php 30,703.00. It
means that when 10,000 probationers are making
a living they will produce Php 307,030,000.00 in
goods and service annually. A part of this goes to
the government in forms of taxes. Indeed,
detention makes tax eaters while probation makes
TAX PAYERS.
4. The cost of constructing and preparing prisons and
jails is enormous which would run to at least
Php10,000,000 annually in order to accommodate
40,000 offenders.
5. The probation system saves the government a
total of Php 4.678 Billion in terms of prisoners
maintenance in jails and prisons all over the
country.
6. Philippine Probation System adheres to the
concept of Restorative Justice. Thus, a total of Php
137.923 Million has been paid to clients’ victims
and/or their heirs
7. The biggest savings of probation aside from money
are, however, in the forms of human resources,
dignity, time and opportunity for development,
which are most needed by our society.
VI.PROBLEM AREAS OF THE
PROBATION LAW
1. Presidential Decree No. 968 will cover civilians tried
and convicted by military tribunals. Section 1 provides:
"it shall apply to all offenders except those entitled to
the benefits under the provisions of Presidential
Decree No. 603 and similar laws." Section 9 on
disqualified offenders does not include those convicted
by military tribunals.
What are the "similar laws" referred to in Section 1?
Two can readily be mentioned-The Dangerous Drugs
Act of 1972 and the Articles of War.
2. The cut-off point at six years imprisonment for
extending the benefits of probation refers to the
sentence actually imposed, not that prescribed by law
for the offense committed.
3. The probation law does not disqualify one who has
been convicted of an offense penalized by DESTIERRO,
such as that of killing or inflicting serious physical
injuries under the exceptional circumstances in Article
247 of the Revised Penal Code or concubinage insofar
as the concubine is concerned in Article 334, of the
same. Unlike Section 9(a), Section 9(c) has reference to
the penalty imposed by law.
Under Section 9(d), one who has been on probation
only under the Juvenile Delinquency Act of 1924, Article
80 of the Revised Penal Code, or the Child and Youth
Welfare Code will not be disqualified.
Under disqualification (e), those who will serve
sentence after the substantive provisions of the Decree
shall become operative will be permitted to do so,
according to one view. The reason given is that
otherwise it would have been unnecessary for the law
to specify the time at which the offender concerned
should be serving his sentence. Another view,
however, points to the principle of separation of
powers.
4. Probation, it is argued, as laid out by the Decree is
primarily a judicial function, while the service or
execution of sentence is an executive one. When the
convict is delivered to the hands of the prison
authorities, to subsequently allow the judiciary to reach
him by suspending the further service of his sentence
and placing him on probation would constitute an
intrusion into the prerogatives of the executive to
whom belongs the exclusive power to grant reprieves,
commutations and pardons and remit fines and
forfeitures.
Therefore, according to this view, offenders who are
already serving sentence, no matter when they start
or may be found to be serving sentence, are NOT
qualified for the benefits of the Decree.
5. It cannot be made at any time after conviction and
sentence, but rather extends only up to the actual
commitment of the defendant to prison for the
service of his sentence, and not thereafter. The
defendant may apply for probation in case of appeal
from a judgment of conviction. He may apply for
probation as long as he has not begun serving his
sentence, and obviously this does not happen if the
sentence has not become final and executory, such as
during the pendency of an appeal.
6. The rule of automatic withdrawal of pending appeal
applies in case the application for probation is made
when the appellate court has already rendered its
decision, there being no indication in the probation law
to the contrary, and the operation of such rule being in
accordance with the maxim that laws should be
liberally construed in favor of the accused.
7. The application for probation may be in any form,
whether written or oral. While Section 4 of the Decree
states that the application shall be filed with the court,
this does not necessarily mean that it should be in
writing, even if a written form would definitely be more
convenient to the court. A liberal construction of the
law beneficial to the accused would not consider the
use of the term 'filed' by the law, as impliedly requiring
a written form.
8. Defendant is not entitled as a matter of right to the
assistance of counsel in the investigation. The
probation law does not have a provision guaranteeing
the right to counsel in such investigation. The
constitutional guarantee that in all criminal
prosecutions the accused shall enjoy the right to be
heard by himself and counsel and that any person
under investigation for the commission of an offense
shall have the right to counsel would not seem to apply
because the investigation by the probation officer is
neither prosecutory nor accusatory in character. It is
merely a fact-finding inquiry.
9. Neither is the constitutional guarantee against self-
incrimination that no person shall be compelled to be
a witness against himself, available in the
investigation. The said guarantee does not depend
upon the nature of the proceedings in which it is
invoked, of course, and it may be availed of as long as
the questions objected to would incriminate the
person who 'is asked to answer the same. But it is an
 established doctrine that where the answer to a
question, however self-incriminating, may not be used
as evidence of criminal liability of the respondent
because there is a law prohibiting its use for that
purpose, then the privilege against self-incrimination
may not be validly invoked to justify refusal to answer
the question. Section 17 of the Probation Law provides
that the investigation report and the supervision
history of the probationer obtained under this decree
shall be privileged, i.e., it may not legally be used as·
evidence of liability.
We raise one question, though. The same Section 17
itself provides that "the investigation report and the
supervision history x x x shall be privileged and shall
not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court
concerned x x x." If the defendant cannot invoke the
privilege against self-incrimination during the
investigation, would not the incriminating answers
given prejudice the court in deciding whether it will
grant probation or not?
10. Pending submission of the investigation report and
the resolution of the petition for probation, the
defendant may be allowed on temporary liberty under
his bail filed in the criminal case, or on recognizance.
11. While the grant or denial of probation is not
appealable, certiorari will lie, under the general law on
certiorari. This is not appeal for he does not question
the findings of fact of the trial court but only the
reasonableness of the order based thereon and
adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in
the proper, court alleging the facts with certainty and
praying that judgment be rendered annulling or
modifying the proceeding as the law requires of such
tribunal, board or officer. The petition shall be
accompanied by a certified true copy of the judgment
or order subject thereof, together with copies of all
pleadings and documents relevant and pertinent
thereto.
12. The grant of probation does not erase, modify of
otherwise affect the offender's CIVIL LIABILITY.
Probation is a substitute for imprisonment and other
criminal penalties, not a mode of discharging the civil
liability, which is owed not to the State but to the
offended party. The sentence, which is suspended from
execution, means only the imposition of the criminal
penalties, not the civil liability. If it were otherwise, the
offended party would have to file a separate civil action
thereby creating multiplicity of suits, contrary to public
policy. In fact, civil indemnification might be imposed
as a condition for probation under Section 10 (k) of the
Probation Law. Indeed, under Article 112 in relation to
Article 113, of the Revised Penal Code, except in case of
extinction of his civil liability in accordance with the
provisions of the civil law, the offender shall continue
to be obliged to satisfy the civil liability resulting from
the crime committed by him, even if he has served his
sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by
reason of amnesty, pardon, commutation of service, or
any other reason.
VII. PROBATION UNDER PD NO.
603 AS AMENDED BY REPUBLIC
ACT NO. 9344
The Presidential Decree (PD) 603 is known as the Child
and Youth Welfare Code. The Decree was signed by his
Excellency President Ferdinand Marcos on December 10,
1974 and took effect on June 10, 1975. It provides for the
grant of probation to youthful offender as an alternative to
imprisonment. It is considered as the second probation law
of the Philippines which is intended only for minors.
Presidential Decree No. 603 applies to youthful
offenders. It suspends the sentence of minor offenders
whose ages range from 9 years old but not more than 21
years old (now 18) the time of the commission of the
offense and places them to rehabilitation center. It states,
"if after hearing the evidence in the proper proceedings,
the court should find that the youthful offender has
committed the acts charged against him, the court shall
determine the imposable penalty, including any civil
liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court shall
suspend further proceedings and shall commit such minor
to the custody or care of the Department of Social Welfare,
or to any training institution operated by the government,
or duly licensed agencies or any other responsible person,
until he shall have reached 21 years of age (now 18), or for a
shorter period as the court may deem proper.
NOTA BENE: The age of minority is lowered from 21 to 18
years old.
RELATED PROVISIONS UNDER REPUBLIC ACT NO. 9344
Sec. 5 of Republic act No. 9344: Rights of the Child in
Conflict with the Law. - Every child in conflict with the law
shall have the following rights, including but not limited to:
xxx
(m) the right to probation as an alternative to
imprisonment, if qualified under the Probation
Law; xxx
Sec. 42 of Republic act No. 9344: Probation as an
Alternative to Imprisonment. - The court may, after it shall
have convicted and sentenced a child in conflict with the
law, and upon application at any time, place the child on 603
probation in lieu of service of his/her sentence taking into
account the best interest of the child. For this purpose, Under Presidential Decree Under Presidential Decree
Section 4 of Presidential Decree No. 968, otherwise known No. 603 the youthful No. 968, the offender is
as the "Probation Law of 1976", is hereby amended offender is neither convicted and sentenced.
accordingly. convicted nor sentenced Section 3 defines probation
although the court finding as a disposition under
Sec. 43 of Republic act No. 9344: Confidentiality of Records him guilty determines the which a defendant, after
and Proceedings. - All records and proceedings involving imposable penalty and conviction and sentence, is
children in conflict with the law from initial contact until orders his commitment as released subject to
final disposition of the case shall be considered privileged a matter of course to any conditions imposed by the
and confidential. The public shall be excluded during the of the trustees for his court and to the supervision
proceedings and the records shall not be disclosed directly correction and of a probation officer. The
or indirectly to anyone by any of the parties or the rehabilitation, even probationer is not
participants in the proceedings for any purpose without his asking for it committed to any
whatsoever, EXCEPT to determine if the child in conflict and without any prior institution but is set free
with the law may have his/her sentence suspended or if investigation. under the constructive
he/she may be granted probation under the Probation custody of the court which
Law, or to enforce the civil liability imposed in the criminal heard his application for
action. probation. Section 4 of the
The component authorities shall undertake all Probation Decree requires
measures to protect this confidentiality of proceedings, that defendant should
including non-disclosure of records to the media, apply for probation.
maintaining a separate police blotter for cases involving
children in conflict with the law and adopting a system of
coding to conceal material information which will lead to
the child's identity. Records of a child in conflict with the
law shall not be used in subsequent proceedings for cases
involving the same offender as an adult, except when
beneficial for the offender and upon his/her written
consent.
A person who has been in conflict with the law as a
child shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by
reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made to
him/her for any purpose.

Sec. 67 of Republic act No. 9344: Children Who Reach the

Age of Eighteen (18) Years Pending Diversion and Court
Proceedings. - If a child reaches the age of eighteen (18)
years pending diversion and court proceedings, the
appropriate diversion authority in consultation with the
local social welfare and development officer or the Family
Court in consultation with the Social Services and
Counseling Division (SSCD) of the Supreme Court, as the
case may be, shall determine the appropriate disposition. In
case the appropriate court executes the judgment of
conviction, and unless the child in conflict the law has
already availed of probation under Presidential Decree No.
603 or other similar laws, the child may apply for probation
if qualified under the provisions of the Probation Law.
DISTINCTION BETWEEN PROBATION UNDER
PRESIDENTIAL DECREE NO. 603 AND UNDER
PRESIDENTIAL DECREE NO. 968.
Presidential Decree No. Presidential Decree No. 968
 CHAPTER III
THE HISTORICAL DEVELOPMENT
OF PROBATION
court in 1841 to give him custody of a convicted offender, a
[

"drunkard," for a brief period and then helped the man to

CHAPTER CONTENTS
appear rehabilitated by the time of sentencing.
1. Introduction
Even earlier, the practice of suspending a sentence was
2. Historical Development of Probation
used as early as 1830 in Boston, Massachusetts, and
3. Basic differences between P.D. No. 968 and Act
became widespread in U.S. courts, although there was no
No. 4221
statutory provision for such a practice.
4. Forerunners of Probation
At first, judges, most notably Peter Oxenbridge
5. The probation law and its amendment
Thatcher of Boston, used "release on recognizance" or bail
and simply refrained from taking any further action. In 1878
SPECIFIC OBJECTIVES
the mayor of Boston hired a former police officer, the
At the end of the lesson, students should be able to:
ironically named "Captain Savage," to become what many
1. understand, summarize and discuss the
recognize as the first official probation officer. By the mid-
historical development of probation
19th century, however, many Federal Courts were using a
particularly in England, United States and
judicial reprieve to suspend sentence, and this posed a legal
Philippines.
question.
2. name the personalities and recognized their
In 1916, the United States Supreme Court, in the Killets
contribution to the development of probation.
Decision, held that a Federal Judge (Killets) was without
3. understand, digest and discuss the ruling of the
power to suspend a sentence indefinitely. This decision led
Supreme Court in the case of People vs. Vera.
to the passing of the National Probation Act of 1925,
4. differentiates P.D. 968 to Act no. 4221.
thereby, allowing courts to suspend the imposition of
5. identify and discus the forerunners of
incarceration and place an offender on probation.
probation.
Probation developed from the efforts of a philanthropist,
6. understand, summarize and explain
John Augustus, who looked for ways to rehabilitate the
amendments to P.D. 968.
behavior of criminals.
Massachusetts developed the first state-wide
probation system in 1880, and by 1920, 21 other states had
I. INTRODUCTION followed suit. With the passage of the National Probation
Act on March 5, 1925, signed by President Calvin Coolidge,
The concept of probation, from the Latin, probatio,
the U.S. Federal Probation Service was established. On the
"testing," has historical roots in the practice of judicial
state level, pursuant to the Crime Control and Consent Act
reprieve.
of 1936, a group of states entered into an agreement
In English common law, prior to the advent of
wherein they would supervise probationers and parolees
democratic rule, the courts could temporarily suspend the
who reside in each other's jurisdictions on each other's
execution of a sentence to allow a criminal defendant to
behalf. Known as the Interstate Compact for the
appeal to the monarch for a pardon. Probation first
Supervision of Parolees and Probationers, this agreement
developed in the United States when John Augustus, a
was originally signed by 25 states in 1937.
Boston cobbler, persuaded a judge in the Boston police
 By 1951, all the states in the United States of America
had a working probation system and ratified the Interstate
Compact Agreement. In 1959, the new states of Alaska and
Hawaii, the Commonwealth of Puerto Rico, and the
territories of the Virgin Islands, Guam, and American Samoa
ratified the act as well.
II. HISTORICAL DEVELOPMENT OF
PROBATION
A. HISTORICAL DEVELOPMENT OF PROBATION
IN ENGLAND
Early in the 19th century the English magistrates
initiated experiments to save young and inexperienced
offenders from stigma of prison. They made use of the
latitude allowed then under the common law to bind over
defendants, who should be brought back for sentence if
the conditions of release were violated.
The need for supervision and assistance to those so
released was met by assigning the young offender to the
care and guardianship of his parents or his employer with
an occasional check on his progress by the police.
WHO IS MATHEW DAVENPORT HILL?
Mathew Davenport Hill is considered the father of
probation in England. He left an interesting account of his
experiments in the Birmingham court. He was in the
forefront of reforming juvenile offenders. 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.
He conducted his experiment in the Birmingham Court.
Beginning in the early years of 1481, he acted for and in
behalf of juvenile offenders, when he believes:
1. The individual is not fully corrupt
2. There was reasonable hope of reformation
3. When there could be found persons to act
As guardian they are kind enough to take charge of the
young convict. In the belief that there is better hope for
reformation under such guardians than in prison.
At unexpected period, confidential officers visits the
guardians, make inquiries and register facts. He was thus
informed and records were kept.
B. HISTORICAL DEVELOPMENT OF PROBATION IN
UNITED STATES
The first state to enact a real probation law in United
States is Massachusetts. The first practical demonstration
of probation, first use of the term as court service, and the
enactment of the first probation law occurred in
Massachusetts.
Volunteer services evolved in Maryland. The prisoners
Aid Association of Maryland, organized in 1869, employed
agents to visit the prison and assist released prisoners and
gradually they began to investigate cases and assist
offenders before the Baltimore courts. A 1894 law provided
that any court in the state might release on probation for
“good conduct” a person convicted of any offense not
capital, if no previous conviction was proved against him,
upon his entering into a recognizance, with or without
sureties, and during such period as the court may direct to
appear and received judgment when called upon, and in the
meantime to keep the peace and be of good behavior.
Another state adopting a partial measure was Missouri
with its “parole of convicted person’s law of 1897.”
The second state to enact a real probation law. The
Vermont like Missouri and unlike Massachusetts provided
for probation only after suspension of the execution of
sentence. The bills in both states were supported by the
state correctional agencies. Many features of the
Massachusetts law were incorporated, with several
innovations since followed elsewhere. Vermont was the
first to adopt a county plan.
The third state to enact a real probation law is Rhode
Island. A complete state-administered probation 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,
“one of whom at least shall be a women,” to serve all
courts in the state. The Act followed Massachusetts in
permitting the use of probation before the imposition of
sentence and even without conviction but the limitation of
probation to less serious offenses was an unfortunate
departure from the laws of Massachusetts and Vermont.
Success of probation became known in other English
speaking countries. Illinois and Minnesota in 1899 Plan for
children only. New Jersey and New York enacted probation
law in 1900.
Finally, on March 4, 1925 the UNITED STATES FEDERAL
PROBATION ACT was enacted.
WHO IS JOHN AUGUSTUS?
John Augustus is the father of probation in the USA. He
is a Boston shoemaker, first to develop a sustained service
to promote temperance and to reclaim drunkards.
Although later he begun to take men and woman charged
with other crimes, then eventually children. As indicated by
the story of the first case, his method was to provide bail
for a temporary suspension or postponement of sentence,
during which he sought to counsel and assist such persons
find homes, securing employment and adjusting family
difficulties. At the end of the probation period, he brought
back the offender to court, and if no further complaint had
been lodged against the offender, the judged imposed a
nominal fine with costs. If the man was too poor, Mr.
Augustus advanced the amount, usually as loan.
John Augustus originated in rudimentary form, many of
the techniques of probation officers and other social
workers today, including casework, foster home
placement, and protective work for women and children.
This was brought about by the changing attitudes of
the people towards law breaker and the removal of the
inherited attitudes from the PURITANS.
John Augustus was born in 1785 at Woburn
Massachusetts and moved to Lexington Green and became
a Cordwainer or Bootmaker. He prospered and acquired
large track of land apart conveyed to Lexington Academy
to erect a school. Which he became a trustee. In 1827 he
moved to Boston and set up a shop at Franklin Avenue near
the Courthouse. He began to visit courthouse because of
his membership with the Washington Total Abstinence
Society, formed in Boston in 1841 to promote temperance
and to reclaim drunkards. During the first year, he took only
men charge with drunkenness. Then men and women
charge with other offense and then children/ number of
cases increases each year
METHODS OF AUGUSTUS
1. Provide bail for temporary suspension of
punishment of sentence
2. Then he sought counsel and assists his charges in
finding homes, securing employment and adjusting
family difficulties.
3. At the end of probation he brought offender back
to court-if no further charges are found- judge
imposes a nominal fine with cost if man is poor,
Augustus advance fine as a loan.
AUGUSTUS EXPERIMENT
- August 1841- Rugged drunk man
- 3 weeks -The drunkard was brought back to
court where the judge cannot recognize him.
Imposes a fine of $ 3.76.
- Augustus died on June 21, 1859. And out of 2000
person whom he extended his help, only 10 were
ungrateful. And out of 1100 cases, only one case
was forfeited.
- Massachusetts became the 1st country to enact a
probation law on April 21, 1878
WHO IS GOVERNOR ALEXANDER H. RICE?
He provided appointment and prescribed duties for
paid probation officers.
WHO IS PRESIDENT CALVIN COOLIDGE? The former
governor of Massachusetts.
C. HISTORY OF PROBATION IN THE
PHILIPPINES
A. The Adult Probation Law of 1935
The Philippine Legislature enacted the first probation
of the Philippines. The first legislation was Act No. 4221
enacted by the Philippine legislature on August 07, 1935 and
which created a Probation Offices under the Department of
Justice led by a Chief Probation Officer appointed by the
American Governor General with the advice and consent of
the United States. This Law provided probation for the first
time offenders, eighteen years of age and over, convicted
of a certain crime.
However, the law stayed in the statue Books for only
Two years. The act subsequently declared unconstitutional
by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37
O.G. 164.
NOTA BENE:
The ill-fated Act was only procedural framework
that was antagonistic with the constitution/charter.
Section 11 of Act no 4221, the fatal provision of the
Act, provided that "This Act shall apply only in those
provinces in which the respective provincial boards
have provided for the salary of a probation officer . . ..
"
The declaration of unconstitutionality of the Probation
Act of 1935 created a gap in the criminal justice system in
the Philippines. The criminal justice system is the machinery
which society uses in the prevention and control of crimes.
Its components are the police, the courts, the penal
institutions, the probation and the parole systems the
components are highly dependent upon one another. The
failure of one can destroy the effectiveness of all the others
within the system.
In order to heighten the awareness of interdependency
and cooperation among the components of the criminal
justice system, as well as to improve judicial process and to
reduce the level of criminality, the National Police
Commission created an Inter-Disciplinary Committee in 1974
to prepare a National Crime Prevention Program. On July
24, 1976, a "National Strategy to Reduce Crimes" was
finalized and presented to the President of the Philippines.
The Strategy proposed a two-pronged attack to reduce
crime in the country, namely: (1) to give emphasis on the
prevention and control of high-fear and economic crimes by
implementing a number of priorities of actions; and (2) to
improve the quality of the criminal justice system by
facilitating teamwork among its interdependent
components.
The following priorities of action were recommended:
 1) Improvement of the quality of the criminal justice
system among its interdependent components;
2) Improvement of the management skills of law
enforcement;
3) Reducing the delays in the criminal justice
processes;
4) Making corrections more attuned to its role of
rehabilitating law offenders; and
5) Increasing the community participation in crime
prevention.
There were a number of projects recommended under
each of these priorities of action, among which was the
establishment of an adult PROBATION SYSTEM. It was a
priority action under (4).
The rationale for recommending priority consideration
to the establishment of a probation system is clearly
apparent.
1. The penal system in the country is characterized by
substandard treatment of prisoners. To try to train
lawbreakers to obey the law in a substandard system is
self-defeating.
2. The deterrent potentiality of the prisons is grossly
exaggerated. No one has ever proved that the threat
of severe punishment actually deters crime.
3. Prisons heighten the offenders' weaknesses and erode
their capacity for responsibility and sociability.
4. The maintenance of penal institutions is costly on the
part of the government. In view of these
considerations, an alternative to institutionalization for
certain types of offenders was proposed. Such
proposal was subsequently translated into a law on
July 24, 1976, which is now known as the "Probation
Law of 1976" or Presidential Decree No. 968.
WHO IS TEODULO C. NATIVIDAD?
He is the Father of Probation in the Philippines. He
headed the committee (IDCCP) primarily tasked with the
drafting of the adult probation law.
A. THE ADULT PROBATION LAW OF 1976
It took a long time before another attempt was made
with introduction then by Congressman Teodulo C.
Natividad in collaboration with former Congressman
Ramon D. Bagatsing, House Bill No. 393. The measure was
passed in the Lower House and was pending in the senate
when Martial Law was proclaimed in 1972.
The Presidential decree No. 968, established a
probation system less costly alternative to the
imprisonment of the offender who are likely to respond to
individualized, community-based treatment program is the
second legislation that enforces a probation system in the
country.
On Nov. 13, 1974, the Inter-Disciplinary Committee on
Crime Prevention (IDCCP) was created to formulate a
national crime prevention program for the courtly.
NOTA BENE: The committee places emphasis on “Pro-
action (crime prevention) rather than Reaction (action
after occurrence of the crime).
INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION
(IDCCP)
The delegation’s official report served as the turning
point for the Inter-Disciplinary Committee on Crime
Prevention of the commission to formulate for a national
crime prevention program. As mandated under Section 4(k)
of republic Act no. 4864, otherwise known as the police Act
of 1966”, the National Police Commission, on November 13,
1974, created the IDCCP. The IDCCP then under the charge
of Commissioner Teodulo C. Natividad, was asked by the
Secretary and Chairman of NAPOLCOM, Juan Ponce Enrile
to draft the adult probation decree.
This Committee, the Inter-Disciplinary Committee, is
composed of authorities and representative from the five
pillars of the criminal justice system. After a laborious
period of eighteen technical hearings involving sixty source
persons, came out with the draft decree for presentation at
a seminar on the Probation System sponsored by the
National Police Commission and the U.P. Law Center on
April 24, 1976 subsequently attended by 369 participants.
The Proposal was reviewed by a mixture of Jurist,
Penologist, Policemen, Educators subsequently civic
leaders, social and behavioral scientist, media men blue and
white collar workers and housewives. Two (2) foreign
experts participated namely Dr. Torsten Erickson, former
United Nations Inter-Regional Adviser on Crime Prevention
Justice and Dr. A. Lamonth Smith. Director for Research
Program Planning and Elicit comments on the adoption of
adult probation system in the country.
A survey was made to elicit comments on the adoption
of the adult probation system in the country. Favorable
resulted showed 87.1% in favor of the adoption, 7.1%
apprehensive and 5.8% non-committal.
Thereafter, the draft was sent to the Secretary of the
Department of the National Defense, Secretary of the
Department of the Justice and to the Supreme Court for
review and endorsement of the President.
The final forum of the proposed institutionalization of
adult probation in the country was the First National
Conference on Crime Control, which was held at Camp
Aguinaldo from July 22 to July 24, 1976. It was on this
historic last day of the Conference that the Presidential
Decree No. 968 and thereby Transported the criminal
justice system of the country to the twentieth century. In
the process, the president also appointed as the first
Probation Administration, NAPOLCOM Chairman, Teodolo
C. Natividad in a concurrent capacity.
THE MULTI- SECTORAL BODY
As advocated by the United Nations, the five-penal
multi-sectoral body is composed of experts from the
various sectors and disciplines comprising the five pillars of
criminal justice system, namely: Police, Prosecution, Court,
Correction and Community Participation. The panel on
community participation has sub-panels on education,
welfare, religion, Barangay, health and economics.
Under the leadership of Commissioner Teodulo C.
Natividad, the IDCCP, after barely two months of work
evolved a proposed system of probation for adults based
on evaluation of projects on crime prevention and
treatment of offenders in the courtly, notably the Bacolod
City experiment on social defense.
This was later incorporated as part of PD 968 which
was signed into law by Pres. Ferdinand E. Marcos on July
24, 1976. Note: Jan. 3, 1978 – affectivity of the substantive
provisions of PD 968.
B. CASE ANALYSIS: PEOPLE VS. VERA
PEOPLE OF THE PHILIPPINES VS VERA
(G.R. NO. L-45685, NOVEMBER 16 1937)
FACTS:
Cu-Unjieng was convicted of criminal charges by
the trial court of Manila. He filed a motion for
reconsideration and four motions for new trial but all were
denied. He then elevated to the Supreme Court of United
States for review, which was also denied. The SC denied the
petition subsequently filed by Cu-Unjieng for a motion for
new trial and thereafter remanded the case to the court of
origin for execution of the judgment. CFI of Manila referred
the application for probation of the Insular Probation Office
which recommended denial of the same. Later, 7th branch
of CFI Manila set the petition for hearing. The Fiscal filed an
opposition to the granting of probation to Cu Unjieng,
alleging, among other things, that Act No. 4221, assuming
that it has not been repealed by section 2 of Article XV of
the Constitution, is nevertheless violative of section 1,
subsection (1), Article III of the Constitution guaranteeing
equal protection of the laws. The private prosecution also
filed a supplementary opposition, elaborating on the
alleged unconstitutionality on Act No. 4221, as an undue
delegation of legislative power to the provincial boards of
several provinces (sec. 1, Art. VI, Constitution).
ISSUE:
Whether or not:
1. the Act No. 4221 encroaches upon the pardoning
power of executive.
2. the Act No. 4221 constitute on undue delegation of
legislative power.
3. the Act No. 4221 denies the equal protection of the
law.
RULING:
1. No. There is no encroaches upon the pardoning power
of executive. act does not encroached in any upon the
powers of the executive as they have understood and
practiced from the earliest time;
The Court held that the Probation Act did not, by
the force of any of its provinces, fix and impose upon
the provincial boards any standard or guide in the
exercise of their discretionary power. What was
granted was a "roving commission" which enabled the
provincial boards to exercise arbitrary discretion. By
Section 11 of the Act, the legislature did seemingly on
its own authority extend the benefits of the Act to the
provinces but in reality left the entire matter for the
various provincial boards to determine for themselves
whether the Probation Law should apply to their
provinces or not at all. The applicability and application
of the Act was entirely placed in the hands of the
provincial boards. If a provincial board did not wish to
have the Act applied in its province, all it had to do was
to decline to appropriate the needed amount for the
salary of a probation officer without even stating the
reason therefore. The plain language of Section 11 was
not susceptible of any other interpretation. This was a
virtual surrender of legislative power to the provincial
boards.
2. Yes. There is undue delegation of legislative power.
SC conclude that section 11 of Act No. 4221
constitutes an improper and unlawful delegation of
legislative authority to the provincial boards and is, for
this reason, unconstitutional and void
The challenged section of Act No. 4221 in section 11
which reads as follows: "This Act shall apply only in
those provinces in which the respective provincial boards
have provided for the salary of a probation officer at
rates not lower than those now provided for provincial
fiscals. Said probation officer shall be appointed by the
Secretary of Justice and shall be subject to the
direction of the Probation Office."
The provincial boards of the various provinces are
to determine for themselves, whether the Probation
Law shall apply to their provinces or not at all. The
applicability and application of the Probation Act are
entirely placed in the hands of the provincial boards. If
 the provincial board does not wish to have the Act which were given appropriation for, said purpose by
applied in its province, all that it has to do is to decline legislature.
to appropriate the needed amount for the salary of a
probation officer.
III.BASIC DIFFERENCES BETWEEN
The clear policy of the law, as may be gleaned from P.D. 968 AND THE PROBATION
a careful examination of the whole context, is to make
the application of the system dependent entirely upon ACT OF 1935
the affirmative action of the different provincial boards
through appropriation of the salaries for probation Presidential Decree 968 Act no. 4221
(Probation Law of 1976) (Probation Law of 1935)
officers at rates not lower than those provided for As to It expressly and explicitly It expressly and explicitly
provincial fiscals. Without such action on the part of Applicability provides that "There shall provides that this Act
the various boards, no probation officers would be of the be at least one probation shall apply only in those
appointed by the Secretary of Justice to act in the probation officer in each province provinces in which the
law and city who shall be respective provincial
provinces. appointed by the boards have provided for
The Philippines is divided or subdivided into Secretary of Justice upon the salary of a probation
provinces and it needs no argument to show that if not recommendation of the officer . . . " (Section 11)
one of the provinces — and this is the actual situation Administrator and in
accordance with civil
now — appropriate the necessary fund for the salary of service law and rules."  The Probation
a probation officer, probation under Act No. 4221 (Section 23) Law applies
would be illusory. There can be no probation without a  The Probation only to
probation officer. Neither can there be a probation Law applies to provinces and
all provinces cities in which
officer without the probation system. and cities, their
uniformly and respective
3. Yes, it denies the equal protection of the law without provincial
discrimination. boards have
 The salary of provided for
The act was surrender of legislative power to the the probation the salary of a
provincial board for its application was left to their officer in each probation
determination in providing for the salary province or city officer.
appropriation , although there are no provision that fix is provided for  The salary of
by law, no the probation
and impose any standards to guide in the exercise of longer subject officer is to
provincial board’s discretionary power; to the the discretion
discretion of of the
That the unwarranted delegation of Power under the respective respective
provincial provincial
section11 of Act No. 4221 created a situation for boards. boards.
discrimination and inequality to exits as one province  The law  The Probation
may appropriate then necessary funds for the salary of expressly Law divests
a probation officer while another may refuse or fail to provides that the provincial
"The Provincial boards of the
do so; or City power to
Probation determine
Hence it contravened the equal protection of the Officer shall whether or
law clause for those persons who may enjoy the receive an not salary of a
annual salary probation
benefits of Probation. of at least officer in their
eighteen respective
In more precise language, the high court assailed thousand four provinces
that it bluntly called a “roving commission” that enable hundred would be
pesos.” appropriated.
provincial boards to exercise arbitrary discretion so As to the The conditions of The imposition of the
that if a provincial board did not wish to have the Act condition of Probation make it said conditions on the
applied in its provincial, all that it had to do was to the MANDATORY for the probationer was merely
decline to appropriate the needed amount for the probation Court to issue a probation DISCRETIONARY on the
order order containing specific part of the Court issuing
salary of probation officer, which construed as a virtual conditions for the the probation order.
surrender of Legislative power to the provincial boards. probationer to fulfill. (Section 3)
(Section 10)  There is
It was considered class legislation. Under this law  The reparation reparation or
or restitution restitution by
probation existed only in cities and municipalities, by the the
probationer to probationer
 the aggrieved to the can be found in the
parties for aggrieved offenses enumerated
actual damages parties for under Section 9 (a, c, d
or losses caused actual and e) abovementioned.
by his offense is damages or As to The modification or It provided that "The
DELETED. losses caused modification revision of the conditions Court MAY, at any time,
by his offense. or revision of probation, Presidential revise, modify or enlarge
As to the It provides that "in all It provides that the of the Decree No. 968, Section the conditions or period
period of other cases, the probation period of probation of a conditions 12 provides in part, that of probation."
probation period shall not exceed 6 probationer found guilty of probation "During the period of
years. (Section 14) of "any other offense" probation, the court may,
did not exceed twice the UPON APPLICATION of
The new law, therefore, maximum time of either the probationer or
provides for a definite and imprisonment to which the probation officer,
shorter probation period. he might be sentenced. revise or modify the
(Section 7) conditions or period of
As to the The Law provides that an Nowhere in the old probation. . .. "
appealability order granting or denying Probation Law can there N.B. Contrasting the
of the order probation shall not be be found a provision to two Sections, it is evident
granting or appealable. (Section 4) this effect. that under the new law,
denying application of either the
probation probationer or the
As to the It contains a GENERAL It gave an enumeration probation officer is
offenses not enumeration. It provides of the offenses not needed in order that the
covered that the benefits of this covered by the Act. This Court may exercise its
Decree shall not be enumeration SPECIFIED discretion to revise or
extended to those: the crimes not covered. modify the conditions or
(a) sentenced to These were: period of probation
serve a maximum 1. Homicide whereas the old law
term of 2. Treason granted to the Court the
imprisonment of 3. Misprision of exclusive discretionary
more than 6 treason power of revision and
years; 4. Sedition modification without need
(b) convicted of any 5. Espionage of prior application by the
offense against 6. Conspiracy or probationer or the
the security of the proposal to probation officer
State; commit concerned.
(c) who have treason It is clear therefore,
previously been 7. Piracy that under the new law,
convicted by final 8. Brigandage the Court relies heavily
judgment of an 9. Arson upon the probation officer
offense punished 10. Robbery in and places great faith in
by imprisonment band him.
of not less than 11. Robbery with As to name  Office -  Office -
one month and violence on of probation Probation Probation
one day and/or persons when office and its Administration Office
fine of not less it was found head  Probation  Chief
than two hundred that they Administrator - Probation
pesos; displayed a the Executive Officer - the
(d) who have been deadly Officer of the Head of the
once on weapon and Probation Probation
probation under 12. Corruption of Administration Office
the provisions of minors."
this Decree; (Section 8)
(e) who are already IV.FORERUNNERS OF PROBATION
serving sentence
The following are the forerunner of probation:
at the time the
substantive
provisions of this 1. Benefits of the Clergy- earliest for softening of the
Decree became brutal severity of punishment. This was a compromise
applicable. . .. "
between the church and the king that, if any member
(Section 9)
N.B. Thus, besides a of the clergy was brought to trial before the king’s
general enumeration of court, such clergy could be claimed from the
the offense not covered, jurisdiction by the bishop or chaplain representing him
the said Section further
on the ground that the prisoner was subject to the
broadened the scope of
the inapplicability of the authority of the Ecclesiastical Court only. There was
Law. Additional greater leniency in sentencing and particularly escape
exemption from coverage
 from death penalty. Acquittal or guilt was established period of resolving the
by a Jury of Twelve Clerks. application for probation by the
court from five (5) days to
fifteen (15) days.
2. Judicial Reprieve- withdrawal of sentence for an Section 3
internal of time whereby the execution of the sentence xxx
is suspended either before or after judgment such as In the hearing, which shall be
summary in nature, the
when there is a favorable circumstance in the criminal’s probationer shall have the
character in order to give him opportunity to apply to right to be informed of the
the King for either an absolute an or conditional violation charged and to NONE
pardon. Early English courts began to grants reprieves adduce evidence in his favor.
The court shall not be bound
to prisoners under sentence of death on condition that by the technical rules of
they accept deportation to English settlements in evidence but may be inform
America. itself of all the facts which are
material and relevant to
ascertain the veracity of the
3. Recognizance or “Binding over for good behavior” – charge. The State shall be
this is considered as the direct ancestor of probation. represented by a prosecuting
This involves an obligation or promise sworn to under officer in any contested
court order by a person not yet convicted of crime hearing.
xxx
he would keep the peace and be of good behavior. N.B.
The defendant has the right to
4. Transportation- this was developed from an ancient be informed of the violation
practice of banishment and flourished for more than charged and to adduce
evidence in his favor.
two hundred years as a principal method of disposing Sec. 4 sec. 33
offenders. It served mainly as cheap source of xxx xxx
supplying labor to the colonies of England. That the application of its That, the
substantive provisions application of its
concerning the grant of substantive
V. THE PROBATION LAW AND ITS probation shall only take effect provisions
on January 3, 1978." concerning the
AMENDMENT xxx grant of probation
shall only take
effect twelve
AMENDMENTS PRESIDENTIAL months.
DECREE NO. 968 xxx
Presidential Section 1
Decree No. 1257 xxx Batas Pambansa The probation system shall not The probation
The prosecuting officer Blg. 76 be extended to a convicted system shall not be
concerned shall be notified by offenders sentenced to serve a extended to a
the court of the filling of the maximum term of convicted
application for probation and imprisonment of more than offenders
he may submit his comment on six (6) years and one (1) day. sentenced to serve
such application within ten NONE a maximum term
days from receipt of the N.B. The probational period is of imprisonment of
notification. extended to six (6) years and more than six (6)
xxx one (1) day and below years.
Nota Bene: The prosecutor N.B. The
participates in the probational period
determination of the is six (6) years and
application for probation. It is below.
therefore mandatory the xxx
prosecuting officer concerned Any person sentenced to
shall be notified by the court of maximum penalty of six years
the filling of the application for and one day on January 3, 1978
probation and submits and thereafter may be placed NONE
comment within 10 days from on probation upon his
receipt. application therefore with the
Section 2 Section 7 court of origin. However, such
xxx xxx person serving sentence shall
The court shall resolve the The court shall remain in jail pending the
application for probation not resolve the petition approval of his application.
later than fifteen days after for probation not XXX
receipts of said report." later than five days
xxx after receipt of said
Presidential The decree restore the
report.
Decree No. 1990 provision of section 9 of PD
N.B. PD no. 257 extended the xxx
 968 that probation shall not rehabilitation of
be extended to a convicted offenders; and
offenders sentenced to serve a d. Such other
maximum term of functions as may
imprisonment of more than hereafter be
six (6) years. It that senses the provided by law.
decree impliedly amended the xxx
provision of BP 76. (2)The Administration shall
Section 1 amending Section 4 have a Technical Service under
of PD no. 968. the Office of the Administrator
Xxx which shall serve as the
Provided; That NO service arm of the Board of
APPLICATION FOR Pardons and Parole in the
PROBATION SHALL BE supervision of parolees and
ENTERTAINED OR GRANted if pardonees.
the defendant has perfected The Board and the
the appeal from the judgment Administration shall jointly
of conviction. NONE determine the staff
Xxx complement of the Technical
NB: Appeal and probation is a Service.
mutually exclusive remedy; xxx
meaning once a defendant filed
his appeal it is a deemed waiver
of the filing of probation.
The period of perfecting an
appeal is also the period of
perfecting an application/filing
for probation. In general, the
period of perfecting an appeal
is fifteen (15) days from the
promulgation of sentence.
N.B. 1990 – The period of
punishment which is
probationable is lowered again
from 6 years and 1 day to 6
years or less

Executive Order It renamed the Probation

No. 292 Administration created under
PD 968 into Parole and
probation Administration.
It also extended the powers
and function of the PPA. It
includes the following:
a. Administer the
parole and
probation system;
b. Exercise general
supervision over all
parolees and
probationers;
c. Promote the
correction and

CHAPTER IV
THE RULES AND LIMITATIONS IN THE
GRANT OF PROBATION
CHAPTER CONTENTS 5. Period of Probation and its Implication
1. Nature of Granting Probation 6. Conditions in the Grant of Probation
2. Qualified and Disqualified Offenders for 7. Violation of Probation conditions
Probation 8. Modification and Revocation
3. Procedure in the Application of Probation 9. Termination and Closing of Probation Case
4. Resolution of the Petition for Probation
 SPECIFIC OBJECTIVES
At the end of this chapter the students should be able
to:
1. explain the nature of granting probation;
2. identify those qualified and disqualified
offenders for probation;
3. illustrate, understand and summarized the
procedure in the application of probation as
well as its resolution or grant;
4. explain how post sentence investigation is
conducted;
5. identify the right an duties of the probationer;
6. explain the period of probation and its
implication;
7. enumerate the mandatory and optional
conditions in the grant of probation;
8. identify the consequences of violating the
conditions of probation;
9. explain how probation case is terminated or
closed as well as the early discharge incentive;
and
A. NATURE OF GRANTING
PROBATION
I. GRANT OF PROBATION
Section 4 of PD 968 - Subject to the provisions of this Decree,
the court may, after it shall have convicted and sentenced a
defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place
the defendant on probation for such period and upon such
terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a
term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to the
appellate court if an appeal has been taken from the
sentence of conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the automatic
withdrawal of a pending appeal. (As amended by PD 1990).
II. CRITERIA FOR PLACING AN OFFENDER ON PROBATION
(SECTION 8 OF PD NO. 968)
QUESTION
Will probation be automatically granted to one whose
sentence is six (6) years or less? No, the offender must fit
the criteria under Section 8 of PD 968.
Under Section 8 of PD No. 968, in determining whether
an offender may be placed on probation, the court shall
consider all information relative, to the character,
antecedents, environment, mental and physical condition
of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
1. The offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution; or
2. There is undue risk that during the period of
probation the offender will commit another crime;
or
3. Probation will depreciate the seriousness of the
offense committed.
However, under Sec. 70 of Republic Act No. 9165, the
Comprehensive Dangerous Drugs Act of 2002, the first-time
minor offender who upon promulgation of the sentence,
the court may, in its discretion, placed the accused under
probation, even if the sentence provided under Sec. 11 of
the Act is higher than that provided under Probation Law.
SECTION 70 OF REPUBLIC ACT NO. 9165. Probation or
Community Service for a First-Time Minor Offender in Lieu
of Imprisonment. – Upon promulgation of the sentence, the
court may, in its discretion, place the accused under
probation, even if the sentence provided under this Act is
higher than that provided under existing law on probation,
or impose community service in lieu of imprisonment. In
case of probation, the supervision and rehabilitative
surveillance shall be undertaken by the Board through the
DOH in coordination with the Board of Pardons and Parole
and the Probation Administration. Upon compliance with
the conditions of the probation, the Board shall submit a
written report to the court recommending termination of
probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
TOLENTINO VS. JUDGE ALCONCEL
121 SCRA 92; G.R. No. L-63400; March 18, 1983
Application for Probation can be denies on the ground
that it will depreciate the seriousness of the offense
committed.
FACTS: Petitioner was charged with violation of Section 4,
Article II of Rep. Act No. 6425, otherwise known as the
Dangerous Drugs Act of 1972. Petitioner entered a plea of
not guilty. However after the prosecution had presented
part of its evidence, petitioner desires to change his plea of
not guilty to that of guilty to a lesser offense of possession
of Indian Hemp [marijuana], under Section 8 of Article II of
Rep. Act No. 6425.
As no objection was interposed by the fiscal, the court
allowed petitioner to withdraw his former plea of guilty and
to enter a plea of guilty to a lesser offense. Petitioner was
thereupon sentenced to imprisonment of 6 months and
1day to 2 years and 4 months.
Petitioner applied for probation. Respondent judge
forthwith directed the probation officer to conduct a POST
SENTENCE INVESTIGATION. After conducting such
investigation, the probation officer, recommends that
petitioner be placed on two-year probation.
But the respondent judge denies petitioner's
application on the ground that it will depreciate the
seriousness of the offense committed.
Hence, the instant recourse.
ISSUE: Whether the grant of probation will depreciate the
seriousness of the offense committed.
HELD:
Yes. Section 5 of P.D. 968 provides, to wit:
SEC. 5. Post Sentence Investigation.— No person shall
be placed on probation except upon prior investigation by
the probation officer and a determination by the court that
the ends of justice and the best interest of the public as well
as that of the defendant will be served thereby.
It is evident from the foregoing that the potentiality of
the offender to reform is not the sole, much less the
primordial factor, that should be considered in the grant or
denial of an application for probation. Equal regard to the
demands of justice and public interest must be observed.
Thus, Section 8 of P.D. 968 lays down the criteria for the
placing of an offender on probation, as follows:
Sec. 8. Criteria for Placing an Offender on Probation.—
In determining whether an offender may be placed on
probation, the court shall consider all information, relative
to the character, antecedents, environment, mental and
physical condition of the offender and available institutional
and community resources. Probation shall be denied if the
court finds that:
a) ...
b) ...
c) probation will depreciate the seriousness of the
offense committed.
"The conclusion of respondent judge that "probation
will depreciate the seriousness of the offense committed"
is based principally on the admission by the petitioner
himself, that he was actually caught in the act of selling
marijuana cigarettes. Petitioner did not deny or dispute the
veracity of the fact that he was caught in flagrante delicto
of selling marijuana cigarettes. He merely attempted to
justify his criminal act by explaining in his motion for
reconsideration that "he did it only to make some money
for the family during Christmas. Such admission renders a
hearing on the application for probation an unnecessary
surplusage and an Idle ceremony.
Proliferation of prohibited drugs in the country has
remained a serious threat to the well-being of the people. It
has necessitated an all-out intensified campaign on the part
of the law-enforcers against users as well as pushers
thereof. If only to emphasize the gravity of the drug
menace, the Batasan Pambansa has seen fit to increase the
penalty for violation of Section 8, Article II of Rep. Act 6425.
Thus, while under Rep. Act 6425, as amended by P.D. 44,
possession or use of marijuana was punishable by
imprisonment of 6 months and 1 day to 2 years and 4
months and a fine ranging from P600.00 to P6,000.00-the
penalty imposed upon petitioner herein-POSSESSION AND
USE thereof is now punishable by imprisonment ranging
from 6 years and 1 day to 12 years and fine ranging from
P6,000.00 to P12,000.00 under B.P. Blg. 179.
The observation of the Solicitor General on this
increase of penalty is apropos: The implication is clear. The
penalties were increased to take it out of the range of
probationable offenses. Thus, the State has spoken and
considers that this is one case where probation will
depreciate the offense committed, and will not serve the
ends of justice and the best interest of the community,
particularly, the innocent and gullible young.
III. PROBATION IS NOT A MATTER OF RIGHT BUT A
PRIVILEGE
In the above case of TOLENTINO VS. JUDGE
ALCONCEL, the Supreme Court held that, probation is a
mere privilege and its grant rests solely upon the discretion
of the court. This discretion is to be exercised primarily for
the benefit of organized society and only incidentally for the
benefit of the accused.
Probation cannot be demanded as a matter of right. It
is a privilege. Hence, only those persons who are qualified
may apply for probation. Its grant depends upon the
discretion of the trial court. No person shall be placed on
probation except upon prior investigation by the probation
officer and a determination by the court that the ends of
justice and the best interest of public as well as that of the
defendant will be serve thereby.
The grant of probation results in the release of the
petitioner subject to the terms and conditions imposed by
the court and to the supervision of Probation Officer.
However, under R.A. 9344 or Juvenile Justice and
Welfare Act of 2006, a Child in Conflict with the Law (CICL)
is granted the right to probation as an alternative to
imprisonment if qualified under the Probation Law.
IV. BASIS OF GRANTING PROBATION
In DELA CRUZ VS. CALLEJO; the basis of granting
probation is the sentence imposed by the trial court.
Convicted for highway robbery sentence to 11 years, 4
months and 1 day 12 years penalty was reduced to 1 year, 8
months and 5 months and 1 day. He applied for probation
on the basis of the appellate court. Trial court denied.
Supreme Court denial is proper to the provision of the law.
V. PROBATION IS NOT A SENTENCE
In Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984) it
was held that an order placing defendant on "PROBATION"
IS NOT A "SENTENCE" but is rather in effect a suspension of
the imposition of sentence. It is not a final judgment but is
rather an "interlocutory judgment" in the nature of a
conditional order placing the convicted defendant under the
supervision of the court for his reformation, to be followed
by a final judgment of discharge, if the conditions of the
probation are complied with, or by a final judgment of
sentence if the conditions are violated.
Probation is not a suspension of sentence. A
suspension of sentence postpones execution of sentence
for a definite time, while probation suspends sentence
during good behavior.
VI. HOW MANY TIMES CAN ONE BE GRANTED
PROBATION?
An offender can be granted probation ONLY ONCE IN
HIS LIFETIME.
VII. GRANTING OR DENYING PROBATION NOT BE
APPEALABLE
Under PD No. 1990, an order granting or denying
probation shall not be appealable.
VIII. PROBATION AND APPEAL IS MUTUALLY EXCLUSIVE
REMEDIES
Later, the amendment of Section 4 of P.D. No. 968 by
P.D. No. 1990 imposed a condition upon the grant of
probation, thus: "Provided, that no application for
probation shall be entertained or granted if the defendant
has perfected an appeal from the judgment of
conviction." The application for probation was no longer
allowed if the accused has perfected an appeal from the
judgment of conviction.
The reason for the disallowance of probation where an
appeal has been made by the accused is stated in the
preamble of P.D. No. 1990, thus: "WHEREAS, it has been
the sad experience that persons who are convicted of
offenses and who may be entitled to probation still appeal
the judgment of conviction even up to the Supreme Court,
only to pursue their application for probation when their
appeal is eventually dismissed".
In view of this change, jurisprudence treated appeal
and probation as MUTUALLY EXCLUSIVE REMEDIES. Thus,
where the penalty imposed by the trial court is not
probationable, and the appellate court modifies the penalty
by reducing it to within the probationable limit, the same
prohibition should still apply and he is not entitled to avail
of probation.
In Sable v. People, G.R. No. 177961, April 7, 2009, 584
SCRA 619, 625. the Supreme Court stated that "[Section 4
of] the Probation Law was amended to put a stop to the
practice of appealing from judgments of conviction even if
the sentence is probationable, for the purpose of securing
an acquittal and applying for the probation only if the
accused fails in his bid." Thus, probation should be availed
of at the first opportunity by convicts who are willing to be
reformed and rehabilitated; who manifest spontaneity,
contrition and remorse.
The Supreme Court explained that the intention of the
new law is to make appeal and probation mutually
exclusive remedies. Jurisprudence at that time stated that
the Probation Law requires that an accused must not have
appealed his conviction before he can avail himself of
probation. This requirement "outlaws the element of
speculation on the part of the accused--to wager on the
result of his appeal--that when his conviction is finally
affirmed on appeal, the moment of truth well-nigh at hand,
and the service of his sentence inevitable, he now applies
for probation as an `escape hatch' thus rendering nugatory
the appellate court's affirmance of his conviction."
However, in the fairly recent case of Colinares vs.
People, G.R. No. 182748, December 13, 2011, the Supreme
Court took another look at the probation law, and allowed
the grant of probation to an accused who has appealed his
conviction. In this case, the accused was originally
sentenced by the Regional Trial Court to imprisonment
exceeding 6 years and one day, which disqualified from
applying for probation. Upon his appeal of the case to the
Court of Appeals, the appellate court lowered the penalty
to less than 6 years and one day. The Supreme Court
reasoned that since the trial court imposed a (wrong)
penalty beyond the probationable range, thus depriving the
accused of the option to apply for probation when he
appealed, the element of speculation that the law sought
to curb was not present.
In a real sense, the Court's finding on appeal that the
accused was guilty, not of a non-probationable penalty, but
only of a penalty which may be subject of probation, is an
original conviction that for the first time imposes on him a
probationable penalty. Had the RTC done him right from
the start, it would have found him guilty of the correct
offense and imposed on him the right penalty of less than 6
years and one day. This would have afforded the accused
the right to apply for probation.
The Supreme Court said that the question is ultimately
one of fairness. It is not fair to deny the accused the right
to apply for probation when the new penalty that the Court
imposes on him after he appealed his original conviction is,
unlike the one erroneously imposed by the trial court,
subject to probation.
LOURDES A. SABLE vs. PEOPLE OF THE PHILIPPINES
G.R. No. 17796: April 7, 2009
FACTS: Petitioner convicted of the crime of Falsification of
Public Documents under Article 172(1) in relation to Article
171 of the Revised Penal Code on November 28, 2000 but
acquitted Ildefonsa Anoba for finding not guilty. However,
the court finds that Lourdes Abellanosa Sable was guilty
beyond reasonable doubt of the crime charged and hereby
sentences her to suffer an indeterminate penalty of 4 years,
2 months and one day to 6 years. On August, 25, 2003
petitioner intimated her desire to apply for probation
instead of appealing the judgment of conviction which was
denied.
ISSUE: Whether or not the denial of application for
probation is tenable.
HELD: The court held that probation is a special privilege
granted by the state to a penitent qualified offender. It
essentially rejects appeals and encourages an otherwise
eligible convict to immediately admit his liability and save
the state the time, effort and expenses to jettison an
appeal. The pertinent provision of the Probation Law, as
amended, reads:
Sec. 4. Grant of Probation.—Subject to the
provisions of this Decree, the trial court may, after it
shall have convicted and sentenced a defendant and
upon application by said defendant within the
period for perfecting an appeal, suspend the
execution of the sentence and place the defendant
on probation for such period and upon such terms
and conditions as it may deem best;
Provided, That no application for probation
shall be entertained or granted if the defendant has
perfected the appeal from the judgment of
conviction. Probation may be granted whether the
sentence imposes a term of imprisonment or a fine
only. An application for probation shall be filed with
the trial court. The filing of the application shall be
deemed a waiver of the right to appeal.(Emphasis
supplied.)
It is quite clear from the afore-quoted provision
that an application for probation must be made within the
period for perfecting an appeal, and the filing of the
application after the time of appeal has lapsed is injurious
to the recourse of the applicant. In the present petition
before us, petitioner filed the application for probation on
25August 2003, almost eight months from the time the
assailed judgment of the RTC became final. Clearly, the
application for probation was filed out of time pursuant to
Rule 122, Sec. 6 of the Rules of Court, which states that an
"appeal must be taken within fifteen (15) days from
promulgation of the judgment or from notice of the final
order appealed from."In Palo v. Militante, this Court held
that what the law requires is that the application for
probation must be filed within the period for perfecting an
appeal.
The need to file it within such period is intended to
encourage offenders, who are willing to be reformed and
rehabilitated, to avail themselves of probation at the first
opportunity. Furthermore, the application for probation
must necessarily fail, because before the application was
instituted, petitioner already filed a Notice of Appeal before
the RTC on 17 June2003. The Probation Law is patently clear
that "no application for probation shall be entertained or
granted if the defendant has perfected the appeal from the
judgment of conviction."The law expressly requires that an
accused must not have appealed his conviction before he
can avail himself of probation. This outlaws the element of
speculation on the part of the accused -- to wager on the
result of his appeal -- that when his conviction is finally
affirmed on appeal, the moment of truth well nigh at hand
and the service of his sentence inevitable, he now applies
for probation as an "escape hatch," thus rendering
nugatory the appellate court’s affirmation of his conviction.
Consequently, probation should be availed of at the first
opportunity by convicts who are willing to be reformed and
rehabilitated; who manifest spontaneity, contrition and
remorse.
This was the reason why the Probation Law was
amended, precisely to put a stop to the practice of
appealing from judgments of conviction even if the
sentence is probationable, for the purpose of securing an
acquittal and applying for the probation only if the accused
fails in his bid.
COLINARES VS. PEOPLE
G.R. No. 182748, December 13, 2011
FACTS:
Accused-appellant Arnel Colinares (Arnel) was charged
with frustrated homicide for hitting the head of the private
complainant with a piece of stone. He alleged self-defense
but the trial court found him guilty of the crime charged
and sentenced him to suffer imprisonment from 2 years and
4 months of prision correccional, as minimum, to 6 years
and 1 day of prision mayor, as maximum. Since the
maximum probationable imprisonment under the law was
only up to 6 years, Arnel did not qualify for probation.
Arnel appealed to the Court of Appeals (CA), invoking
self-defense and, alternatively, seeking conviction for the
lesser crime of attempted homicide with the consequent
reduction of the penalty imposed on him. His conviction
was affirmed by the CA. Hence, this appeal to the Supreme
Court.
ISSUE:
Given a finding that Arnel is entitled to conviction for a
lower [lesser] offense [of attempted homicide] and a
reduced probationable penalty, may he may still apply for
probation on remand of the case to the trial court?
RULING:
[The Supreme Court voted to PARTIALLY GRANT the
appeal, MODIFIED the CA decision and found Arnel GUILTY of
ATTEMPTED (not frustrated) HOMICIDE and SENTENCED him
to and indeterminate but PROBATIONABLE penalty of 4
months of arresto mayor as minimum and 2 years and 4
months of prision correccional as maximum. The Court also
voted 8-7 to allow Arnel to APPLY FOR PROBATION within 15
days from notice that the record of the case has been
remanded for execution to trial court.]
YES, Arnel may still apply for probation on remand of the
case to the trial court.
Ordinarily, Arnel would no longer be entitled to apply
for probation, he having appealed from the judgment of
the RTC convicting him for frustrated homicide. But, the
Court finds Arnel guilty only of the lesser crime of
attempted homicide and holds that the maximum of the
penalty imposed on him should be lowered to
imprisonment of four months of arresto mayor, as
minimum, to two years and four months of prision
correccional, as maximum. With this new penalty, it would
be but fair to allow him the right to apply for probation upon
remand of the case to the RTC.
While it is true that probation is a mere privilege, the
point is not that Arnel has the right to such privilege; he
certainly does not have. What he has is the right to apply
for that privilege. The Court finds that his maximum jail
term should only be 2 years and 4 months. If the Court
allows him to apply for probation because of the lowered
penalty, it is still up to the trial judge to decide whether or
not to grant him the privilege of probation, taking into
account the full circumstances of his case.
If the Court chooses to go by the dissenting opinion’s
hard position, it will apply the probation law on Arnel based
on the trial court’s annulled judgment against him. He will
not be entitled to probation because of the severe penalty
that such judgment imposed on him. More, the Supreme
Court’s judgment of conviction for a lesser offense and a
lighter penalty will also have to bend over to the trial
court’s judgment—even if this has been found in
error. And, worse, Arnel will now also be made to pay for
the trial court’s erroneous judgment with the forfeiture of
his right to apply for probation. Ang kabayo ang nagkasala,
ang hagupit ay sa kalabaw (the horse errs, the carabao gets
the whip). Where is justice there?
Here, Arnel did not appeal from a judgment that would
have allowed him to apply for probation. He did not have a
choice between appeal and probation. He was not in a
position to say, “By taking this appeal, I choose not to apply
for probation.” The stiff penalty that the trial court
imposed on him denied him that choice. Thus, a ruling that
would allow Arnel to now seek probation under this Court’s
greatly diminished penalty will not dilute the sound ruling
in Francisco. It remains that those who will appeal from
judgments of conviction, when they have the option to try
for probation, forfeit their right to apply for that privilege.
In a real sense, the Court’s finding that Arnel was guilty,
not of frustrated homicide, but only of attempted
homicide, is an original conviction that for the first time
imposes on him a probationable penalty. Had the RTC done
him right from the start, it would have found him guilty of
the correct offense and imposed on him the right penalty of
two years and four months maximum. This would have
afforded Arnel the right to apply for probation.
DISSENTING AND CONCURRING OPINION OF JUSTICE
PERALTA,
In view of the provision in Section 4 of the Probation
Law that “no application for probation shall be entertained
or granted if the defendant has perfected an appeal from the
judgment of conviction,” prevailing jurisprudence treats
appeal and probation as mutually exclusive remedies because
the law is unmistakable about it.
However, it has been proposed that an appeal should
not bar the accused from applying for probation if the
appeal is solely to reduce the penalty to within the
probationable limit, as this is equitable. In this regard, an
accused may be allowed to apply for probation even if he
has filed a notice of appeal, provided that his appeal is
limited to the following grounds:
a. When the appeal is merely intended for
the correction of the penalty imposed by the lower
court, which when corrected would entitle the
accused to apply for probation; and
b. When the appeal is merely intended to review the
crime for which the accused was convicted and
that the accused should only be liable to the lesser
offense which is necessarily included in the crime
for which he was originally convicted and the
proper penalty imposable is within the
probationable period.
In boths instances, the penalty imposed by the trial
court for the crime committed by the accused is more than
six years; hence, the sentence disqualifies the accused from
applying for probation. Thus, the accused should be allowed
to file an appeal under the aforestated grounds to seek a
review of the crime and/or penalty imposed by the trial
court. If, on appeal, the appellate court finds it proper to
modify the crime and/or the penalty imposed, and the
penalty finally imposed is within the probationable period,
then the accused should be allowed to apply for
probation.
In addition, before an appeal is filed based on the
grounds enumerated above, the accused should first file a
motion for reconsideration of the decision of the trial court
anchored on the above-stated grounds and manifest his
intent to apply for probation if the motion is granted. The
motion for reconsideration will give the trial court an
opportunity to review and rectify any errors in its judgment,
while the manifestation of the accused will immediately
show that he is agreeable to the judgment of conviction and
does not intend to appeal from it, but he only seeks a review
of the crime and/or penalty imposed, so that in the event
that the penalty will be modified within the probationable
limit, he will apply for probation.
It is believed that the recommended grounds for
appeal do not contravene Section 4 of the Probation Law,
which expressly prohibits only an appeal from the
judgment of conviction. In such instances, the ultimate
reason of the accused for filing the appeal based on the
aforestated grounds is to determine whether he may avail of
probation based on the review by the appellate court of the
crime and/or penalty imposed by the trial court. Allowing the
aforestated grounds for appeal would give a qualified
convicted offender the opportunity to apply for probation if
his ground for appeal is found to be meritorious by the
appellate court, thus, serving the purpose of the Probation
Law to promote the reformation of a penitent offender
outside of prison.
On the other hand, probation should not be granted to
the accused in the following instances:
a. When the accused is convicted by the trial court of
a crime where the penalty imposed is within the
probationable period or a fine, and the accused
files a notice of appeal; and
b. When the accused files a notice of appeal
which puts the merits of his conviction in issue, even
if there is an alternative prayer for the correction
of the penalty imposed by the trial court or for a
conviction to a lesser crime, which is necessarily
included in the crime in which he was convicted
where the penalty is within the probationable
period.
There is wisdom to the majority opinion, but the
problem is that the law expressly prohibits the filing of an
application for probation beyond the period for filing an
appeal. When the meaning is clearly discernible from the
language of the statute, there is no room for construction
or interpretation. Thus, the remedy is the amendment of
Section 4 of P.D. No. 968, and not adaptation through
judicial interpretation.
CONCURRING AND DISSENTING OPINION
VILLARAMA, JR., J.:
It must be stressed that in foreclosing the right to appeal
his conviction once the accused files an application for
probation, the State proceeds from the reasonable
assumption that the accused’s submission to rehabilitation
and reform is indicative of remorse. And in prohibiting the
trial court from entertaining an application for probation if
the accused has perfected his appeal, the State ensures that
the accused takes seriously the privilege or clemency
extended to him, that at the very least he disavows criminal
tendencies.
Consequently, this Court’s grant of relief to herein
accused whose sentence was reduced by this Court to within
the probationable limit, with a declaration that accused may
now apply for probation, would diminish the seriousness of
that privilege because in questioning his conviction accused
never admitted his guilt. It is of no moment that the trial
court’s conviction of petitioner for frustrated homicide is
now corrected by this Court to only attempted homicide.
Petitioner’s physical assault on the victim with intent to
kill is unlawful or criminal regardless of whether the stage of
commission was frustrated or attempted only. Allowing the
petitioner the right to apply for probation under the reduced
penalty glosses over the fact that accused’s availment of
appeal with such expectation amounts to the same thing:
speculation and opportunism on the part of the accused in
violation of the rule that appeal and probation are mutually
exclusive remedies.
WILLY TAN y CHUA vs. PEOPLE OF THE PHILIPPINES
G.R. No. 148194: April 12, 2002
FACTS: Willy Tan was found guilty of bigamy, and then he
applied for probation which was granted by the trial court
but the release was withheld in view of the filing by the
prosecution a motion for modification of penalty. He later
filed a notice of appeal.
ISSUE: Whether or not he is entitled to an appeal after he
has applied for probation.
HELD: In fine, petitioner had taken an appropriate legal step
in filing a notice of appeal with the trial court. Ordinarily,
the Court should have the case remanded to the Court
of Appeals for further proceedings. The clear impingement
upon petitioner’s basic right against double jeopardy,
however, should here warrant the exercise of the
prerogative by this Court to relax the stringent application
of the rules on the matter. When the trial court increased
the penalty on petitioner for his crime of bigamy after it
had already pronounced judgment and on which basis he
then, in fact, applied for probation, the previous verdict
could only be deemed to have lapsed into finality. Section 7,
Rule 120, of the Rules on Criminal Procedure that states
Sec. 7. Modification of judgment. A
judgment of conviction may, upon motion of the
accused, be modified or set aside before it becomes
final or before appeal is perfected. Except where the
death penalty is imposed, a judgment becomes final
after the lapse of the period for perfecting an
appeal, or when the sentence has been partially or
totally satisfied or served, or when the accused has
waived in writing his right to appeal, or has applied
for probation-implements a substantive provision of
the Probation Law which enunciates that the mere
filing of an application for probation forecloses the
right to appeal.
Sec. 4.Grant of Probation. Subject to the
provisions of this Decree, the trial court may, after
its hall have convicted and sentenced a defendant,
and upon application by said defendant within the
period for perfecting an appeal, suspend the
execution of the sentence and place the defendant
on probation for such period and upon such terms
and conditions as it may deem best:
Provided, That no application for probation
shall be entertained or granted if the defendant has
perfected the appeal from the judgment or
conviction. Probation may be granted whether the
sentence imposes a term of imprisonment or a fine
only. An application for probation shall be filed with
the trial court. The filing of the application shall be
deemed a waiver of the right to appeal.
 An order granting or denying probation shall not
be appealable. Such a waiver amounts to a voluntary
compliance with the decision and writes finis to the
jurisdiction of the trial court over the judgment. There is no
principle better settled, or of more universal application,
than that no court can reverse or annul, reconsider or
amend, its own final decree or judgment. Any attempt by
the court to thereafter alter, amend or modify the same,
except in respect to correct clerical errors, would be
unwarranted.
DANIEL G. FAJARDO vs. COURT OF APPEALS
G.R. No. 128508: February 1, 1999
FACTS:
On May 26, 1988, the Regional Trial Court, Branch
33, Iloilo City, convicted petitioner of violation of Batas
Pambansa Bilang 22, and sentenced him to suffer the
penalty of eight (8) months imprisonment and to pay the
costs, in Criminal Case No. 14196. He appealed to the Court
of Appeals. By decision promulgated on February 27, 1990,
the Court of Appeals affirmed the conviction. Upon the
remand of the record to the lower court, on June 2, 1995,
petitioner filed a motion for probation contending that he
was eligible for probation because at the time he
committed the offense in 1981, an accused who had
appealed his conviction was still qualified to apply for
probation and that the law that barred an application for
probation of an accused who had interposed an appeal was
ex post facto in its application, and, hence, not applicable
to him. On January 5, 1996, the trial court denied
petitioner's motion for probation. On July 29, 1996,
petitioner filed with the Court of Appeals a petition for
certiorari to annul the lower court's denial of his application
for probation. On November 12, 1996, the Court of Appeals
denied due course to the petition. Hence, this appeal.
ISSUE:
Whether or not the petitioner is qualify to apply for
probation under Presidential Decree No. 968 since he had
appealed from his conviction in 1988, after Presidential
Decree No. 1990 amending Presidential Decree No. 968,
became effective in 1986, providing that "no application for
probation shall be entertained or granted if the defendant
has perfected the appeal from the judgment of conviction.
HELD:
Presidential Decree No. 1990, enacted on October
5, 1985, "was printed in Volume 81 of the Official Gazette
dated December 30, 1985 but said issue was released for
circulation only on July 1, 1986; hence, P D 1990 became
effective after fifteen (15) days from July 1, 1986, in
accordance with Article 2 of the Civil Code, or on July 16,
1986."It is not ex post facto in its application. The law
applies only to accused convicted after its effectivity. An ex
post facto law is one that punishes an act as a crime which
was innocent at the time of its commission. Presidential
Decree No. 1990, like the Probation Law that it amends, is
not penal in character. It may not be considered as an ex
post facto law.
At the time of the commission of the offense
charged — violation of Batas Pambansa Bilang 22— in 1981,
petitioner could have appealed if convicted and still availed
himself of probation. However, petitioner was convicted on
May 26, 1988, and he appealed. At that time, petitioner no
longer had the option to appeal and still apply for
probation if unsuccessful in the appeal. Presidential Decree
No. 1990 was then in full effect. Hence, he could no longer
apply for probation since he had appealed. On October 13,
1997, the Solicitor General submitted a manifestation
positing the view that petitioner's application for probation
may still be considered because when petitioner committed
the offense in 1981, he could avail himself of probation since
the law as it stood at that time provided that an accused
convicted of a crime may apply for probation even if he had
appealed the conviction. We do not share his view. The
case he cited is a Court of Appeals decision, and, hence, not
a precedent. What is more, it is inapplicable because there,
the accused's conviction became final on October 14, 1985.
Presidential Decree No. 1990 although enacted on October
5, 1985, was published in the Official Gazette on December
30, 1985,and,hence, was not yet applicable at the time the
accused was finally convicted. Regrettably, the Solicitor
General has cited a Court of Appeals decision that is
inapplicable to this case because the facts were not similar.
We find it unnecessary to resolve the other issues that
petitioner has raised questioning the constitutionality and
wisdom of Presidential Decree No. 1990, amending the
probation law.
PATERNO DE LOS SANTOS, JR. vs. COURT OF APPEALS
G.R. No. 181306: March 21, 2011
FACTS: Paterno de los Santos, Jr. was found guilty of the
crime of intentional abortion,and then he filed an
application for probation. It was ruled that he is ineligible to
apply for probation, considering the fact that he has waived
his right to avail the benefits of probation law when he
appealed the judgment of conviction by the trial court.
ISSUE: Whether petitioner is entitled to the benefits of
probation, considering that he had appealed his conviction,
contrary to the provision of Section 4, P.D. 968, as
amended by P.D. 1990.
HELD: Probation is a special privilege granted by the State
to a penitent qualified offender. It essentially rejects
appeals and encourages an otherwise eligible convict to
immediately admit his liability and save the State the time,
effort and expenses to jettison an appeal. The pertinent
provision of the Probation Law, as amended, reads:
 Sec. 4. Grant of Probation. Subject to the provisions of
this Decree, the trial court may, after it shall have convicted
and sentenced a defendant and upon application by said
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms
and conditions as it may deem best; Provided, That no
application for probation shall be entertained or granted if
the defendant has perfected the appeal from the judgment
of conviction.
It is undisputed that petitioner appealed from the
decision of the trial court. This fact alone merits the denial
of petitioner's Application for Probation. Having appealed
from the judgment of the trial court and having applied for
probation only after the Court of Appeals had affirmed his
conviction, petitioner was clearly precluded from the
benefits of probation.
Furthermore, it was clear that when petitioner filed his
appeal before the appellate court, what he was questioning
was the merit of the decision convicting him and not the
propriety of the penalty imposed by the trial court for the
purpose of correcting a wrong penalty — to reduce it to
within probational range. By perfecting his appeal,
petitioner, therefore, ipso facto relinquished the alternative
remedy of availing of the Probation Law.
The law expressly requires that an accused must not
have appealed his conviction before he can avail himself of
probation. This outlaws the element of speculation on the
part of the accused — to wager on the result of his appeal —
that when his conviction is finally affirmed on appeal, the
moment of truth well nigh at hand and the service of his
sentence inevitable, he now applies for probation as an
"escape hatch," thus, rendering nugatory the appellate
court's affirmance of his conviction. Consequently, probation
should be availed of at the first opportunity by convicts who
are willing to be reformed and rehabilitated; who manifest
spontaneity, contrition and remorse.
Considering that the prevailing jurisprudence treats
appeal and probation as mutually exclusive remedies, and
petitioner opted to appeal his conviction, he, therefore,
deemed to relinquish his right to the benefits of probation.
B. QUALIFIED AND DISQUALIFIED
OFFENDERS FOR PROBATION
I. WHO ARE QUALIFIED TO PROBATION?
Any first time convicted offender, 18 years of age and
above not otherwise disqualified under PD 968 as amended
can apply for probation before serving the sentence which
may either be imprisonment of fine with subsidiary
imprisonment, or both imprisonment and fine.
The age of offender qualified for probation is 18 years
and above. PD 1179 which amended PD 603 lowered the
age of youthful offenders under 18 years old.
AS GENERAL RULE probation applies to all sentenced
or convicted offenders - All first-time offenders convicted of
crimes punished by imprisonment of not more than 6 years
(maximum of 6 years). Except the following:
1. Those entitled to the benefits of PD 603 as
amended otherwise known as the Child and Youth
Welfare Code. Hence, an offender who is under 18
years of age must be dealt with in accordance with
the more liberal and beneficent provisions of PD
603.
Incidentally, Art 192 PD 603 as amended gives
the youthful offender a choice as to whether he
will be dealt with as a youthful offender under
PD603 or as Adult offender under PD 968 as
amended. If he does not apply under PD603 as
amended, he treated as an adult offender. In such
a case, two options are open to him, namely:
a. To simply serve his sentence
b. To apply of probation under PD 968 as
amended
2. Those that are found Guilty in violation of R.A
6425, otherwise known as the Dangerous Drug Act
of 1972 as amended by Republic Act No. 9165.
Hence, its beneficiaries, drug dependents, must be
subjected to the confinement, treatment and
rehabilitation measures provided therein. Even
those who are below twenty one years of age who
are found guilty of possessing or using prohibited
or regulated drugs must be treated under the
provisions of R.A 6425.
3. Those offenders who has not been convicted and
sentenced.
4. Those that are found guilty in violation of BP 881 as
amended by BP 882,883 and 884 otherwise known
as the Omnibus Election Code of the Philippines.
5. Those who are found guilty in violation of PD 1987
(an act creating the Video gram Regulatory)
6. Those that are found guilty in violation of RA 6727
otherwise known as the Wage Rationalization Act.
QUESTION
Are all convicted persons who are not disqualified
entitled to probation automatically?
No. Under PD 968; the court will not grant probation
if after investigation conducted by the probation officer,
it finds that:
1. The offender can be treated better in an
institution or other places for correction;
2. The offender is a risk to the community;
3. Probation will depreciate the gravity of the
offense.
ANSELMO DE LEON CUYO vs. PEOPLE OF THE PHILIPPINES
G.R. No. 192164: October 12, 2011
FACTS: On August , 25, 2009, Branch 1 of the Municipal Trial To recall, despite notice, petitioner was absent when
Court in Cities (MTCC) in San Fernando City, La Union, the MTCC promulgated its judgment on 25 August 2009.
found petitioner guilty beyond reasonable doubt of the Pursuant to Rule 120, Sec. 6, it is only when the accused is
offense of perjury under Article 183 of the Revised Penal convicted of a light offense that a promulgation may be
Code and sentenced him to imprisonment of four (4) pronounced in the presence of his counsel or
months and one (1) day to one (1) year. He was likewise representative. In case the accused failed to appear on the
ordered to pay private complainant Alejo Cuyo the amount scheduled date of promulgation despite notice, and the
of P10, 000 for attorney’s fees and litigation expenses. failure to appear was without justifiable cause, the accused
shall lose all the remedies available in the Rules against the
Petitioner was not present during the promulgation of judgment.
the judgment and was represented by his counsel instead.
His motion for reconsideration was denied on October 23,
2009. He subsequently filed a Motion for Probation on II. DISQUALIFIED OFFENDERS FOR PROBATION (Section
November, 5, 2009 but is denied on the ground that it had 9, PD 968)
been filed beyond the reglementary period of fifteen days Under Section 9 of PD 968, the benefits of probation
as provided in Sec. 4 of P.D. 968. shall not be extended to:
1. Those sentenced to serve a MAXIMUM TERM of
ISSUE: Whether or not the petitioner is entitled to the imprisonment of MORE THAN SIX (6) YEARS;
benefits of probation. Note: the six years maximum refers to the
sentence actually imposed, and not that prescribed
HELD: This court held that the RTC that the Motion for by law for the offense committed.
Probation was filed out of time. Sec. 6 of Rule 120 of the 2. Those convicted of subversion or any crime against
Rules of Court provides: Promulgation of judgment - The the national security or public order;
judgment is promulgated by reading it in the presence of the
accused and any judge of the Court in which it was rendered. CRIMES AGAINST CRIMES AGAINST PUBLIC
However, if the conviction is for alight offense, the judgment NATIONAL SECURITY ORDER
may be pronounced in the presence of his counsel or 1. Treason 1. Rebellion or
representative. When the judge is absent or outside the 2. conspiracy and insurrection
province or city, the judgment may be promulgated by the proposal to commit 2. Conspiracy and
clerk of court. In case the accused fails to appear at the treason proposal to commit
scheduled date of promulgation of judgment despite notice, 3. misprision of treason rebellion
the promulgation shall be made by recording the judgment in 4. espionage 3. Sedition
the criminal docket and serving him a copy thereof at his last 5. inciting to war or 4. Conspiracy to commit
known address or thru his counsel. If the judgment is for giving motives for sedition
conviction and the failure of the accused to appear was reprisals 5. Inciting to sedition
without justifiable cause, he shall lose the remedies available 6. violation of neutrality 6. Acts tending to
in these Rules against the judgment and the court shall order 7. correspondence with prevent the meeting
his arrest. Within fifteen (15) days from promulgation of hostile country of assembly and
judgment, however, the accused may surrender and file a 8. flight to enemy’s similar bodies
motion for leave of court to avail of these remedies. He shall country 7. Disturbance of
state the reasons for his absence at the scheduled 9. piracy proceedings
promulgation and if he proves that his absence was for a 10. qualified piracy 8. Direct assault
justifiable cause, he shall be allowed to avail of said remedies 9. Indirect assault
within fifteen (15) days from notice. (Emphasissupplied.) 10. Coup d’etat
Petitioner was charged with and found guilty of
perjury. He was sentenced to suffer imprisonment of 4 3. Those who have previously been convicted by final
months and 1 day to 1 year, a period which is considered as judgment of an offense punished by imprisonment
a correctional penalty. Under Article 9 of the Revised Penal of not less than one month and one day and/or a
Code, light felonies are those infractions of law for the fine of not less than Two Hundred Pesos;
commission of which the penalty of arresto menor (one to
thirty days of imprisonment) or a fine not exceeding two PREVIOUS FINE:
hundred pesos (P200), or both are imposable. Thus, perjury CONVICTION
is not a light felony or offense contemplated by Rule 120,  if one month -  less than two hundred
Sec. 6. It was therefore mandatory for petitioner to be qualified for pesos - qualified for
present at the promulgation of the judgment. probation probation
 if one month and  two hundred pesos or
 one day or more - more - disqualified for
disqualified for probation
probation
4. Those who have been ONCE on probation under
the provisions of PD No. 968, as amended;
Accordingly, one who has been on probation
only under the child and Youth Welfare Code as
amended and the Dangerous Drugs Code of 1972
as amended will not be disqualified. The reason
form this is that the treatment given under those
latter laws is of a different kind from that under PD
968 as amended.
5. Those who are already serving sentence at the
time substantive provisions of the decree became
applicable pursuant to section 33 of PD 968. (As
amended by BP Blg. 76, and PD 1990, October 5,
1985)
Technically speaking probation cannot cover the
following, non-offenders; offenders not yet convicted and
convicted offenders but with a sentenced exceed 6 years.
ALEJANDRA PABLO vs.HON. SILVERIO Q. CASTILLO
G.R. No. 12510: August 3, 2000
FACTS: Alejandra Pablo was convicted of a violation of
Batas Pambansa Bilang 22. She applied for probation and
was later denied.
ISSUE: Whether or not the he should be denied probation
on the ground of disqualification from probation under
Section 9 of P.D. 968.
HELD: The Court ruled that under Section 9 of the
Probation Law, P.D. 968, the following offenders cannot
avail of the benefits of probation:
a) Those sentenced to serve a maximum term of
imprisonment of more than six years;
b) Those convicted of subversion or any crime against
the national security or the public order;
c) Those who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and/or fine of not less
than two hundred pesos;
d) Those who have been once on probation under the
provisions of this decree; and
e) Those who are already serving sentence at the
time the substantive provisions of this decree
became applicable pursuant to section 33 hereof.
The National Probation Office denied petitioners
application for probation under Section 9 paragraph (c)
P.D. 968 because a prior conviction was entered against the
petitioner on June 21, 1995 in Criminal Case No. 94-0199,
penalizing her with a fine of P4,648.00; there by placing her
within the ambit of disqualification from probation under
Section 9 paragraph (c) of P.D. 968.It is a basic rule of
statutory construction that if a statute is clear, plain and
free from ambiguity,
it must be given its literal meaning and applied without
any interpretation. Not only that; in the matter of
interpretation of laws on probation, the Court has
pronounced that "the policy of liberality of probation
statutes cannot prevail against the categorical provisions of
the law."Section 9 paragraph (c) is in clear and plain
language, to the effect that a person who was previously
convicted by final judgment of an offense punishable by
imprisonment of not less than one month and one day
and/or a fine of not less than two hundred pesos, is
disqualified from applying for probation. This provision of
law is definitive and unqualified. There is nothing in Section
9, paragraph (c) which qualifies "previous conviction" as
referring to a conviction for a crime which is entirely
different from that for which the offender is applying for
probation or a crime which arose out of a single act or
transaction as petitioner would have the court to
understand. It is well-settled that the probation law is not a
penal statute; and therefore, the principle of liberal
interpretation is inapplicable. And when the meaning is
clearly discernible from the language of the statute, there is
no room for construction or interpretation.
C. REQUIREMENTS AND
PROCEDURE IN THE APPLICATION
OF PROBATION
QUESTION
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.
NOTA BENE: Under Presidential Decree No. 1990, no
application for probation shall be entertained of granted if
the defendant has perfected an appeal from judgment of
conviction. The filing of the application shall be deemed a
waiver of a right to appeal.
QUESTIONS
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
What is the effect of filing an application for probation?
 The court may, upon receipt of the application suspend
the execution of sentence imposed in judgment.
I. WHERE AND WHEN TO FILE THE PETITION 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.
WHERE: A petition for probation shall be filed by the
applicant for probation or the petitioner with the courts
that tried and sentenced the offender at any time before
the imprisonment starts.
WHEN: Anytime before the offender starts serving his
sentence but within period for perfecting an appeal or
fifteen (15) days from the promulgation or notice of the
judgment of conviction.
However, under Section 42 of R.A. 9344, the Juvenile
Justice and Welfare Act of 2006, the court may, after it shall
have sentenced a Child In Conflict with the Law and upon
application at anytime placed the child on probation in lieu
of service of his sentence.
II. PROCEDURE UNDER PD NO. 968 – Probation and
Parole Flow Chart – See Appendix
The following are the procedure in the application for
probation:
1. The defendant must file a petition before the trial
court which exercise jurisdiction over his case; an
application for probation after he has been sentenced
but before he begins to serve the sentence. There are
two forms of petition: WRITTEN and ORAL.
NOTA BENE: But for purposes of recording, application
made orally should be reduced into writing.
2. If the defendant has been convicted and has appealed
the sentence of conviction, an application for
probation cannot be entertained. As a general rule, No
application for probation shall be entertained or
granted if the defendant has perfected an appeal from
the judgment or conviction.
NOTA BENE: Filing an application shall be deemed a
waiver of the right to appeal.
QUESTION
What then is 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.
3. Notice to the prosecuting officer: The prosecuting
officer concerned shall be notified by the court of the
filing of such application. The prosecuting officer must
submit his comment on such application within 10 days
from receipt of the notification
4. Referral to probation office: If the court finds that the
petition is in due form and that the petitioner appears
not to be disqualified for the grant of probation. The
probation should be entertained by the court by
ordering the probation officer to conduct an
investigation (PSI) of the offender provided he is not
disqualified under the decree.
While it is discretionary with the court to grant or
deny an applicant for probation, the Probation Law
requires that an investigation be first conducted by the
probation officer who shall submit his report within 60
days from receipt of the court’s order. However, the
court may in its discretion extend the 60 days period.
Only thereafter shall the court resolve the application,
an outright denial by the court is a nullity correctable
by certiorari. (De Luna vs. Hon. Medina, CA 78 D.G. 599;
Del Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983)
To summarize, the following are the procedures in
Applying for Probation:
1 The offender or his counsel files a petition with the
convicting court within 15 days from promulgation
of judgment.
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
within 60 days
6 Pending investigation and resolution, accused may
be temporarily released (if there is already a bail,
then on same bail)
7 The court grants or denies the petition for
probation within 15 days upon receipt of the PSIR.
NOTA BENE:
 If the accused is convicted and sentenced to
multiple penalties, the periods are not added up.
Only the maximum shall be considered.
 Once probation period is terminated, the accused is
 restored to all his civil rights lost or suspended.
III. REQUISITES BEFORE AN OFFENDER CAN BE PLACED
ON PROBATION
1. A post sentence investigation by the officer;
2. A determination by the court that the end of
justice will be served and the best interest of the
public and that of the offender will be served
thereby.
The probation officer shall submit to the court within
60 days from receipt of the order the investigation report
on the offender, the petition for probation shall be resolved
by the court within 15 days from receipt of report.
Probation order unless otherwise provided takes effects
upon its issuance, the order granting or denying the
probation is not appealable.
D. POST SENTENCE INVESTIGATION
(PSI) AND POST SENTENCE
INVESTIGATION REPORT (PSIR)
(SECTION 5, PD 968)
Under Section 5 of PD 968, no person shall be placed
on probation except upon prior investigation by the
probation officer and a determination by the court that the
ends of justice and the best interest of the public as well as
that of the defendant will be served thereby.
QUESTION
What is post sentence investigation?
An investigation conducted by a probation agency or
other designated authority at the request of a court into
the past behavior, family circumstances, and personality
of an adult who has been convicted of a crime, to assist
the court in determining the most appropriate sentence.
It refers to the investigation conducted by a probation
officer to obtain information regarding petitioner’s
character, antecedents, environment, mental and
physical condition with the aim of determining whether
the latter is qualified and suitable for released under
probation.
A. ASSIGNMENTS AND INITIAL INTERVIEW WORK SHEET
PAROLE AND PROBATION ADMINISTRATION OMNIBUS
RULES ON PROBATION METHODS AND PROCEDURE.
Section 14. Assignment. - After receipt from the Trial Court,
the City or Provincial Parole and Probation Office
concerned, through the CPPO shall assign the same to the
office clerk for docketing and eventual assignment to a
subordinate investigating Probation Officer for the conduct
of the PSI or conduct such investigation himself.
Section 15. Initial Interview Work Sheet: Waiver. –
Within five (5) working days from receipt of said
delegated assignment (or self -assignment), the
investigating Probation Officer on case (or Chief Probation
and Parole Officer) shall initially interview the applicant if he
appeared in the Probation Office upon response to the
seventy-two (72) hours limitation given to him by the Trial
Court. If not, the Probation Officer on case may write the
applicant in his court given address, or personally visit
applicant's place to schedule an initial interview at the
Probation Office.
During such initial interview, the Probation Officer on
case or CPPO shall require the applicant to accomplish and
sign a Post-Sentence Investigation Work Sheet (PPA
Form1). The investigating Probation Officer on case or CPPO
shall conduct further investigation based on the
information contained therein.
A Waiver-Cum-Authorization (PPA Form 2), authorizing
the PPA and/or Probation Office to secure any and all
information on the applicant, shall be duly executed and
signed by him.
Section 17. Collateral Information. - During the conduct of
the PSI, collateral information
must be gathered from those persons who have direct
personal knowledge of the applicant, offended party,
family member, and/or their relatives, including barangay
officials and disinterested persons.
Section 18. Subsequent or Further Interviews. - To obtain
additional data, counter
check, or clarify discrepancy/ies between the information
received from the applicant and those secured from other
sources, the Investigating Probation Officer on case or
CPPO may conduct subsequent or further interviews on the
applicant and/or other persons as deemed appropriate.
Section 19. Nature of Interview. - The data and information
gathered from the interview of the applicant and/or other
persons and from other collateral informants, as well as law
enforcement agencies, shall be strictly privileged and
confidential in nature. During such interview and
information-gathering processes, the applicant does not
necessarily need to be represented and assisted by counsel.
Section 20. Confidentiality of Post-Sentence Investigation
Information. – The investigating Probation and Parole
Officer on case or CPPO shall inform the applicant of the
confidential nature of the information taken during the PSI
and the limited scope and extent, whereby said
information, may be disclosed only to some statutorily
designated authorities and entities pursuant to Section 17
of PD 968, as amended, and Section 64 of these Rules.
NOTA BENE: Information shall be privileged and shall not
be revealed directly or indirectly except to (a) Probation
Administration (b) the court concerned. A violation of
confidential nature of probation records is an offense.
Penalty is imprisonment from 6 months and 1 day1 to 6
years and fine from P600 to P6, 000.
Section. 21. Absconding Applicant. – If the applicant whose
application for probation has been given due course by the
proper court has failed to present himself/herself to the
proper Office within seventy-two (72) hours from his/her
receipt of the Probation Order or within reasonable time
therefrom, said Office shall first exert best diligent efforts
to inquire on, search, find and locate his/her whereabouts
before it shall report such fact with appropriate
recommendation to the proper court, considering the
surrounding circumstances of place, date and time, his/her
health condition and other related factors.
B. SCOPE AND EXTENT
Section 16 of Parole and probation administration
omnibus rules on probation methods and procedure.
Scope and Extent. - After accomplishing the Post-Sentence
Investigation Work Sheet and the Waiver-Cum-
Authorization, the same shall be immediately submitted to
the Probation Office. The investigating Probation Officer on
case or CPPO shall conduct a thorough investigation on the
antecedents, mental and physical condition, character,
socio-economic status, and criminal records, if any, of the
applicant and the institutional and community resources
available for his rehabilitation.
In case applicant has a criminal record(s), such should be
verified with the proper Government agency as to its
disposition/resolution which has/have to be properly
reflected in the PSIR.
For the sake of obtaining additional information or
clarify conflicting data, the investigating Probation Officers
on case may conduct further investigation and interview to
avoid discrepancies of facts/information.
The investigating Probation Officer on case or CPPO
shall assess and recommend or prescribe the suitable
probation treatment and supervision program upon the
applicant, if granted probation.
C. FORMS OF PSI (SECTION 6, PD 968)
Section 6 of PD 968 - The investigation report to be
submitted by the probation officer under Section 5 hereof
shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.
D. STAGE OF POST-SENTENCE INVESTIGATION
The following are the stage of post investigation:
1. PRELIMINARY PROCEDURE - The probation officer
upon receipt of the order from the court shall assign
the same to a probation officer to conduct the post-
sentence investigation.
2. INITIAL INTERVIEW - within 5 working days from
receipt of the court order, the probation officer
assigned shall interview the petitioner. In the said
interview, the probation officer shall require the
petitioner to accomplish under oath a worksheet (P.A.
form no. 1) the information contained in the worksheet
shall serve as the basis of further investigation. The
petitioner shall also sign a waiver (P.A. form no. 2)
authorizing the probation administration to secure any
and all pertinent documents and information.
3. INVESTIGATION - upon completion of the worksheet,
the probation officer shall conduct a thorough
investigation on the antecedents, mental and physical
condition, character, and socio economic status of the
petitioner. For collateral information, person who has
knowledge of the petitioner, of the victim and or the
relatives shall be interviewed. The probation officer
shall determine and recommend the manner by which
the petitioner will be supervised if granted probation.
NOTA BENE: Information gathered from the interview of
petitioner and the collateral information sources shall be
confidential in nature.
4. ISSUANCE OF POST-SENTENCE INVESTIGATION (PSI)
REPORT -upon the completion of the post-sentence
investigation, the probation of officer shall submit a
post-sentence investigation report (P.A. form no. 3) to
the trial court within the prescribed period.
The report shall be sign by the investigating probation
officer and approved by the head of the probation
office.
QUESTION
Is the petitioner had Right to Counsel During the
post-sentence investigation and covered by Republic
Act No. 7438?
During the post-sentence investigation petitioner had
no Right to Counsel. The probation law has no
provision guaranteeing the right to counsel in the
investigation of a petitioner. The constitutional
guarantee of right to counsel will not apply because
the investigation by the probation officer is neither
prosecutory nor accusatory in character.
Further petitioner as well is not covered by Republic
Act No. 7438 providing right of the accused during
custodial investigation.
E. POST SENTENCE INVESTIGATION REPORT (PSIR)
Post sentence investigation report is refers to the
report submitted by a probation officer within 60 days from
receipt of the order of said court to conduct the
investigation containing his/her recommendation in the
grant or denial of the application for probation.
F. PURPOSE OF POST SENTENCE INVESTIGATION
REPORT
Section 23 of Parole and probation administration
omnibus rules on probation methods and procedure. - The
PSIR aims to enable the Trial Court to determine whether or
not the ends of justice and the best interest of the public
primarily, as well as that of the applicant, would be served by
the grant or denial of the application.
G. NATURE OF THE RECOMMENDATION
Section 25 of Parole and probation administration
omnibus rules on probation methods and procedure - The
nature of the recommendation for the grant or denial of
probation in the PSIR report is merely PERSUASIVE IN
NATURE addressed to the sound discretion of the Trial Court
considering that the denial or grant of probation is a judicial
function.
H. SIGNATORIES
Section 25 of Parole and probation administration
omnibus rules on probation methods and procedure - The
PSIR shall, as a rule be prepared by the investigating
Probation Officer on case and approved by the CPPO. Both
shall initial each and all the pages thereof, except the last
page on which they shall affix their respective signatures.
I. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT
(SECTION 7, PD 968)
Section 7 of PD 968 - 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.
QUESTION
Can the offender be released while his application for
probation is pending?
Yes, at the discretion of the court. Pending submission
of the PSIR and the resolution of the petition for
probation, the defendant may be ALLOWED temporary
liberty or released by virtue of BAIL.
a. On the same bond he filed during the trial in the
criminal case,
b. On a new bond or
To the custody of a responsible member of the
community if unable to file a bond - In case NO BAIL was
filed or that defendant is incapable of filing one, court
may allow the release of defendant on RECOGNIZANCE
to the custody of a responsible member of the
community who shall guarantee his appearance
whenever required by the court (sec. 21, rule 114-Rules on
Criminal Procedure)
Pending submission of the investigation report and the
resolution of the petition, the defendant may be allowed
on temporary liberty under his bail filed in the criminal case;
Provided, That, in case where no bail was filed or that the
defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of a
responsible member of the community who shall guarantee
his appearance whenever required by the court.
J. CONTENTS OF PSIR (SECTION 24 OF PAROLE AND
PROBATION ADMINISTRATION OMNIBUS RULES ON
PROBATION METHODS AND PROCEDURE)
a. The circumstances surrounding the crime or
offense for which the applicant was convicted and
sentenced, taken from the applicant himself,
offended party and others, who might have
knowledge of the commission of the crime or
offense, and pertinent information taken from the
police and other law enforcement agencies, if any,
and Trial Court records;
b. Details of other criminal records, if any;
c. Personal circumstances, educational, economic
and socio-civic data and information about the
applicant;
d. Characteristics of applicant, employable skills,
employment history, collateral information;
e. Evaluation and analysis of the applicant's suitability
and legal capacity for probation and his potential
for rehabilitation, reform, development,
transformation and re-integration into the
community;
f. Recommendation to: (A) grant the application,
including probation period, probation conditions
and probation treatment and supervision
plan/program; or (B) deny the application;
g. Data and information on the applicant's financial
condition and capacity to pay, his civil liability, if
any;
h. Results of findings of drug, psychological and
clinical tests conducted, if any;
i. Results of criminal records, if any, whether decided
or still pending
j. Furnished by various law enforcement agencies
tapped by the Probation Office for such purpose;
k. Result(s) of courtesy investigation, whether
GCI/FBCI or PGCI (See Sec. 27 of these Rules), if
any, conducted in the birth place or place of origin
of applicant especially if he plans to reside thereat
while on probation, if ever his application will be
granted; and
l. Other analogous and related matters.
Others:
a. Psycho- social information regarding the
petitioner.
 b. Evaluation of petitioner suitability for probation
and his potential for social reintegration into the
community.
c. A recommendation to either grant the petition for
probation with program of supervision and the
suggested terms and condition for probation, or
deny the petition for probation.
d. Information regarding the petitioner financial
capability to meet or satisfy his civil obligation if
any.
To obtain additional data or clarify discrepancies
between the information received from the applicant and
those secured from other sources, the investigating
Probation Officer and/or Chief Parole and Probation Officer
may conduct such subsequent or further interviews on the
applicant and/or other persons as may be deemed proper
and necessary
E. RESOLUTION AND GRANT OF THE
PETITION FOR PROBATION
I. PERIOD TO RESOLVE THE APPLICATION FOR
PROBATION
Under Section 31 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure. The
application for probation shall be resolved by the Trial Court
not later than fifteen (15) days from the date of its receipt of
the PSIR. Since probation is privilege, its grant rest solely
upon the discretion of the court. Therefore court may grant
or dismiss it.
II. GRANT OF THE PETITION
Once probation is granted, the execution of sentence
will be suspended. The court if grants the petition will
issue the appropriate Probation Order and the petitioner
will be release to the community subject however to the
terms and condition imposed by the court, with the
supervision of probation officer.
If the court grants probation – the court imposes
condition that defendant seems to be arbitrary – mental
must he does need instruction.
QUESTION
What is the effect of probation on accessory Penalties?
Accessory penalties are deemed suspended once
probation is granted. (Baclayon vs. Mutia. 129 SCRA,
148)
III. EFFECT OF THE GRANT OF PROBATION.
Under Section 32 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure the
following are the Effect of the Grant of Probation:
(a) Probation is but a mere privilege and as such, its grant or
denial rests solely upon the sound of discretion of the
Trial Court. After its grant it becomes a statutory right
and it shall only be canceled or revoked for cause and
after due notice and hearing.
(b) 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 as well as
release the custodian on ROR from his undertaking.
Upon receipt of the Probation Order granting probation
the same shall be entered in a Docket Book for proper
recording.
An order of denial shall be docketed as well.
IV. EFFECTIVITY OF THE PROBATION ORDER (SECTION 11,
PD NO. 968)
Under Section 11 of PD 968 , a probation order shall take
effect upon its issuance, at which time the court shall inform
the offender of the consequences thereof and explain that
upon his failure to comply with any of the conditions
prescribed in the said order or his commission of another
offense, he shall serve the penalty imposed for the offense
under which he was placed on probation.
A probation order shall take effect upon its receipt by
the petitioner, and on the same date the probation period
shall commence, unless otherwise specified by the court.
Upon the issuance of the probation order, the court
shall inform the probationer of the consequences thereof
and explain upon his failure to comply with any of the
conditions in the said order, or his commission of another
offense, he shall serve the sentence originally imposed for
the offense for which he was placed on probation.
In addition Section 33 of Parole and Probation
Administration Omnibus Rules on Probation Methods and
Procedure states that a probation order shall take effect
upon its issuance, at which time the court shall inform the
offender of the consequence 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.
V. DEFENDANT MAY REJECT GRANT OF PROBATION
The law does not oblige the defendant to accept the
probation granted by the court. He should, indeed, be
allowed to turn down the same grant especially since he
might feel that the terms and conditions thereof are too
onerous (burdensome) for him.
VI. EFFECT OF DISMISSAL OF THE PETITION
What will happen if the application for probation is
denied?
The offender will be sent by the sentencing court to prison
to serve his sentence.
NOTA BENE: AS A GENERAL RULE THE GRANT OR
DENIAL OF PROBATION IS NOT APPEALABLE. However a
Certiorari may lie on the ground of Grave abuse of
discretion – certiorari – not on appeal. Here he does not
question the finding of facts of the trial court but only the
reasonableness of the order based therein.
Neither the prosecution nor defendant may ask as a
matter of right seek review by superior court of the order
of the trial court or before the superior court the findings of
facts of the trial court.
EFREN SALVAN vs. THE PEOPLE OF THE PHILIPPINES
G.R. No. 153845. September 11, 2003
FACTS: Efren Salvan, a bus driver, was convicted of reckless
imprudence resulting in homicide for the death of John
Barry Abogado. He filed a motion for partial
reconsideration, which was later denied, and an application
for probation. He then filed a notice of partial appeal which
was denied for the reason that the application for
probation is deemed under the law to be a waiver of the
right to appeal.
ISSUE: Whether or not the denial or approval of probation
is appealable.
HELD: We recall that the law which governs all matters
relating to probation is Presidential Decree No. 968,
commonly known as the Probation Law, as amended by
Presidential Decree No. 1990. The provision of the law that
is pertinent to the current controversy reads:
Sec. 4. Grant of Probation. Subject to the provisions of
this Decree, the trial court may, after it shall have convicted
and sentenced a defendant, and upon application by said
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms
and conditions as it may deem best; Provided, That no
application for probation shall be entertained or granted if
the defendant has perfected the appeal from the judgment
of conviction. Probation may be granted whether the
sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court.
The filing of the application shall be deemed a waiver of the
right to appeal. An order granting or denying probation shall
not be appealable.
Relying solely on the letter of the law, the filing of the
application for probation should be deemed a waiver of the
right to appeal. However, in the case of Budlong v.
Apalisok, we had occasion to rule that the above provision
of the Probation Law clearly provides only for the
suspension of the sentence imposed on the accused by
virtue of his application for probation. It has absolutely no
bearing on civil liability. This ruling was clarified in Salgado
v. Court of Appeals, wherein we ruled that, although the
execution of sentence is suspended by the grant of
probation, it does not follow that the civil liability of the
offender, if any, is extinguished.
The Probation Law prohibits a judge from entertaining
or granting an application for probation if the defendant
has perfected an appeal from the judgment of conviction.
The fact of conviction most certainly refers to the
criminal liability of the accused, as a result of a finding made
by a judge that he is guilty of the crime charged. However,
the appeal in this case involved only the civil aspect of the
trial courts judgment. Hence, we see no reason why,
between the conjoined criminal and civil aspects of a
felony, a line cannot be drawn marking where the one
springs from the other. Even if by definition civil liability ex
delict arises from the criminal act, once its existence is
established, it should be treated separately from the
criminal liability. Indeed there is even categorical statutory
basis to state that it subsists despite the extinguishment of
the criminal liability from which it arose. This was the
finding in Budlongv. Apalisok and Salgado v. Court of Appeals.
Thus, we rule that, in an appeal from a judgment of
conviction, the criminal liability and the civil liability ex
delicto should be considered independently, each with its
own corresponding effects. In the present case, the law
that bars an appeal of the judgment of conviction, as well
as its corresponding criminal liability, should not bar an
appeal of the civilaspect of the same judgment.
VII. INDEMNIFICATION
Section 37. Indemnification of Parole and Probation
Administration Omnibus Rules on Probation Methods and
Procedure. –Payment for civil liability shall be done using the
following modes:
(a) Payment can be given to the Clerk of Court of the Trial
Court, who will in return hand over the sum to the victim
who shall issue a corresponding receipt; a copy of which
should be given by the probationer to the Probation
Office in order to monitor such payment;
(b) Payment may be deposited by the probationer to the
victim’s account where the bankbook is kept at the
Probation Office to be given to the victim for his proper
disposition;
(c) Payment can be effected directly to the victim and the
receipt must be filed in the supervision record of the
probationer kept at the Probation Office.
Further, that the practice of giving the payment to the
Supervising Probation Officer on case (or the CPPO) to be
remitted to the victim, although with receipts, should be
highly discourage and discontinued outrightly.
F. CONTROL AND SUPERVISION OF
PROBATIONERS (SECTION 13, PD
968)
Under Section 13 of PD 968, the probationer and his
probation program shall be under the control of the court
who placed him on probation subject to actual supervision
and visitation by a probation officer. Whenever a probationer
is permitted to reside in a place under the jurisdiction of
another court, control over him shall be transferred to the
Executive Judge of the Court of First Instance of that place,
and in such a case, a copy of the probation order, the
investigation report and other pertinent records shall be
furnished said Executive Judge. Thereafter, the Executive
Judge to whom jurisdiction over the probationer is
transferred shall have the power with respect to him that
was previously possessed by the court which granted the
probation.
Probationers report to their Probation Officer as often
as indicated in the conditions of probation. The probation
officer sees to it that the conditions of probation as given
by the court are followed. Probationers are helped to
developed themselves, to learn skills if they do not have
any, and to be gainfully employed so they can be useful
members of the society. House visits and follow-up in their
places of work may be done if needed. The probation
officer makes regular reports about the probationer to the
court.
Under Section 38 of Parole and Probation
Administration Omnibus Rules on Probation Methods and
Procedure the following are the primary purposes of
probation supervision are:
(a) To ensure the probationer's compliance with the
probation conditions specified in the Probation
Order and the prescribed probation treatment and
supervision program/plan;
(b) To manage the process of the probationer's
rehabilitation and re-integration into the
community; and
(c) To provide guidance for the probationer's
transformation and development into a useful
citizen for his eventual reintegration to the
mainstream of society.
G. CHANGE OF RESIDENCE AND
OUTSIDE TRAVEL
I. CHANGE OF RESIDENCE
Section 42 Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
Change of Residence: Transfer of Supervision. –
(a) A Probationer may file a Request for Change of
Residence (PPA Form 24) with the City or Provincial
Parole and Probation Office, citing the reason(s)
therefore this request shall be submitted by the
Supervising Probation Office for the approval of the
Trial Court.
(b) In the event of such approval, the supervision and
control over the probationer shall be transferred to
the concerned Executive Judge of the RTC, having
jurisdiction and control over said probationer, and
under the supervision of the City or Provincial Parole
and Probation Office in the place to which he
transferred.
Thereafter, the Executive Judge of the RTC to whom
jurisdiction over the probationer is transferred shall have the
jurisdiction and control with respect to him which was
previously possessed by the Court which granted probation.
The receiving City or Provincial and Parole and Probation
Office and the receiving court shall be duly furnished each
with copies of the pertinent Probation Order, PSIR (PPA
Form 3), and other investigation and supervision records by
the sending Probation Office for purposes and in aid of
continuing effective probation supervision treatment over
said probationer.
II. OUTSIDE TRAVEL
Section 41 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
Purpose. Outside Travel. –
(a) A Probation Officer may authorize a probationer to
travel outside his area of operational/territorial
jurisdiction for a period of more than ten (10) days but
not exceeding thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30)
days outside the operational/territorial jurisdiction of the
Probation Office shall file at least five (5) days before the
intended travel schedule a Request for Outside Travel
(PPA Form 7) withsaid Office properly recommended by
the Supervising Probation Officer on case and approved
by the CPPO.
(c) If the requested outside travel is for more than thirty
(30) days, said request shall be recommended by the
CPPO and submitted to the Trial Court for approval.
Outside travel for a cumulative duration of more than thirty
(30) days within a period of six (6) months shall be
considered as a courtesy supervision.
H. EARLY DISCHARGE INCENTIVE
AND TERMINATION
The arrangement takes place when probation is made
to pay restitution, reparation and indemnification. In PSIR
the recommended payment is that within ½ of term
probation – full payment – eligible for consideration for
early termination.
Section 55 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
Coverage. - The following probationers may be
recommended for the early termination of their probation
period:
1. Those who are suffering from serious physical and/or
mental disability such as deaf- mute, the lepers, the
crippled, the blind, the senile, the bed-ridden, and the
like;
2. Those who do not need further supervision as evidenced
by the following:
(a) Consistent and religious compliance with all the
conditions imposed in the order granting probation;
 (b) Positive response to the programs of supervision
designed for their rehabilitation
(c) Significant improvements in their social and
economic life;
(d) Absence of any derogatory record while under
probation;
(e) Marked improvement in their outlook in life by
becoming socially aware and responsible members
of the family and community; and
(f) Significant growth in self-esteem, self-discipline and
self-fulfillment; Provided, that, the probationers
involved have already served one-third (1/3) of the
imposed period of probation; and provided further,
that, in no case shall the actual supervision period be
less than six (6) months.
3. Those who have:
(a) To travel abroad due to any of the following:
(1) An approved overseas job contract or any other
similar documents; or
(2) An approved application for scholarship,
observation tour or study grant for a period not
less than six (6) months; or
(3) An approved application for immigration.
(4) An approved application to take the Bar and
Board Examinations.
(b) To render public service
(1) Having been elected to any public office; or
(2) Having been appointed to any public office.
Provided, however, that the probationers involved have
fully paid their civil liabilities, if any.
And, that the probationers were not convicted for
offenses involving moral turpitude.
Other probationers who have fully cooperated
with/participated in the programs of supervision designed
for their rehabilitation and who are situated under
conditions/circumstances similar in nature to those above-
described at the discretion of the proper authorities.
I. PERIOD OF PROBATION AND ITS
IMPLICATION (Sec. 14 of PD 968)
I. PERIOD OF PROBATION
a. If the convict is sentenced to a term of
imprisonment of NOT MORE THAN ONE (1), the
period of probation shall NOT EXCEED TWO (2)
YEARS.
b. In all cases, if he is sentenced to MORE THAN ONE
(1) YEAR, said period SHALL NOT EXCEED SIX (6)
YEARS.
c. When the sentence imposes a FINE ONLY and the
offender is made to SERVE SUBSIDIARY
IMPRISONMENT in case of insolvency, the period
of probation shall NOT BE LESS THAN NOR TWICE
the total number of days of subsidiary
imprisonment as computed at the rate established
by the RPC Art. 39.
ART. 39: When the principal penalty imposed be only a
fine, the subsidiary imprisonment shall not exceed 6
months if the culprit is executed for grave or less grave
felony and shall not exceed 15 days for light felony
NOTA BENE
The period of probation may either be shortened or
made longer, but not to exceed the period set in law.
When the period of probation is no longer necessary
as the probationer is believed no longer a threat to
society and has satisfactorily reintegrated him into
society. The period maybe shortened. But if there a need
for the protection of society and adjustment of
probation said – longer but not beyond 2 and 6 years.
II. IMPLICATION OF THE PROBATION PERIOD: Both In
Maximum Level
1. Minimum period of probation is left to discretion
of courts
2. Court may set a straight period of probation
anywhere within the range and limit set by
law
3. The court may order an indeterminate period with
minimum and maximum period.
The determination of the term for probation can
readily be seen to present itself as new sentencing problem
to the trial court when viewed in terms of probation goal.
The imposition of the right length of time that promises
society maximum protection and the offender the best
possible chance of rehabilitation.
SOLUTION: The strategy is the Utilization of the Post
Sentence Investigation Report which furnishes him a good
picture of the prisoner and the forces and circumstances
that led him to crime.
J. CONDITIONS IN THE GRANT OF
PROBATION AND ITS
CONSEQUENCE IF VIOLATED
(SECTION 10, PD 968)
QUESTION
What are the rights and duties of the probationer?
When Probation is granted, what conditions
does the court impose?
1. The probationer must present himself to his
Probation Officer within seventy-two (72)
hours;
2. Report to his Probation Officer in-charge of
his supervision at least once a month;
3. Not to commit any offense;
4. Comply with any other conditions imposed
 by the court.
I. MANDATORY OR BUILT IN CONDITIONS
The two Mandatory Conditions of Probation
1. To present himself to the Probation Officer
concerned for supervision within 72 hours from
receipt of said order; and
2. To report to the Probation Officer at least once a
month during the period of probation.
II. OPTIONAL/DISCRETIONARY OR OTHER CONDITIONS
The Probation Order may also require the probationer
in appropriate cases to:
1. Cooperate with a program of supervisor;
2. Meet his family responsibilities
3. Devote himself to a specific employment and not
to change said employment without prior written
approval of the probation officer;
4. Comply with a program of payment of civil liability
to the victim of his heirs;
5. Undergo medical, psychological or psychiatric
examination and treatment and/or enter and
remain in specific institution, when required for
that purpose;
6. Pursue a prescribed secular study or vocational
training;
7. Attend or reside in a facility established for
instruction or reaction of persons on probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverages to
excess;
10. Permit the probation officer or unauthorized social
worker to visit his home and place of work;
11. Reside at premises approved by the court and not
to change his residence without prior written
approval; and
12. Satisfy any other condition related to the
rehabilitation of the probationer and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
BACLAYON vs. MUTIA;
G.R. No. L-59298 April 30, 1984
Stated Ruling:
The condition that petitioner should "refrain from
continuing her teaching profession is an invalid condition.
If probation is granted, the imposition of her sentence of
imprisonment was thereby suspended and necessarily, the
imposition of the accessory penalties was likewise thereby
suspended.
Probation is not a sentence.
Facts:
Petitioner, a school teacher convicted of the crime of
Serious Oral Defamation for having quarreled with and
uttered insulting and defamatory words against Remedios
Estillore, principal of the Plaridel Central School. Her
conviction was affirmed by the appellate court, taking into
account the aggravating circumstance of disregard of the
respect due the offended party on account of her rank and
age and the fact that the crime was committed in the office
of the complainant. She was sentenced to one year, 8
months, 21 days of arresto mayor in its maximum period to
2 years and 4 months of prision correccional in its minimum
period.
The petitioner applied for probation with respondent
judge who referred the application to a Probation Officer.
The Post-Sentence Investigation Report favorably
recommended the granting of petitioner's probation for a
period of three (3) years.
The respondent Judge issued an order granting
petitioner's probation, but modified the Probation Officer's
recommendation by increasing the period of probation to
five (5) years and by imposing the 10 conditions:
However the petitioner's prays for the deletion of the
last condition that petitioner should "refrain from
continuing her teaching profession." The petitioner
submits that said condition is detrimental and prejudicial to
her rights as well as not in accordance with the purposes,
objectives and benefits of the probation law.
Issue:
Whether paragraph (h) of the questioned order
granting probation which requires that petitioner refrain
from continuing with her teaching profession be deleted.
Held:
YES.
The conditions which trial courts may impose on a
probationer may be classified into general or mandatory
and special or discretionary.
The MANDATORY CONDITIONS, enumerated in Section
10 of the Probation Law, require that the probationer
should (a) present himself to the probation officer
designated to undertake his supervision at such 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
officer.
SPECIAL OR DISCRETIONARY CONDITIONS are those
additional conditions, listed in the same Section 10 of the
Probation Law, which the courts may additionally impose
on the probationer towards his correction and
rehabilitation outside of prison.
NOTA BENE: The enumeration, however, is not
inclusive. Probation statutes are liberal in character and
enable courts to designate practically any term it chooses
as long as the probationer's constitutional rights are not
jeopardized. There are innumerable conditions which may
be relevant to the rehabilitation of the probationer when
viewed in their specific individual context. It should,
however, be borne in mind that the special or discretionary
conditions of probation should be realistic, purposive and
geared to help the probationer develop into a law-abiding
and self-respecting individual Conditions should be
interpreted with flexibility in their application and each case
should be judged on its own merits — on the basis of the
problems, needs and capacity of the probationer. The very
liberality of the probation should not be made a tool by trial
courts to stipulate instead unrealistic terms.
Petitioner is a teacher and teaching is the only
profession she knows and as such she possesses special
skills and qualifications. To order the petitioner to refrain
from teaching would deprive the students and the school in
general the benefits that may be derived from her training
and expertise.
While it is true that probation is a mere privilege and its
grant rests solely upon the discretion of the court, this
discretion is to be exercised primarily for the benefit of
organized society and only incidentally for the benefit of
the accused. Equal regard to the demands of justice and
public interest must be observed. In this case, teaching has
been the lifetime and only calling and profession of
petitioner. The law requires that she devote herself to a
lawful calling and occupation during probation. Yet, to
prohibit her from engaging in teaching would practically
prevent her from complying with the terms of the
probation.
Respondents contend that petitioner's final conviction
carries with it the accessory penalties in addition to the
principal penalty of imprisonment; and since petitioner was
sentenced to arresto mayor in its maximum period to prision
correccional in its minimum period, she must likewise suffer
the accessory penalties of suspension from public office and
from the right to follow a profession or calling, and that of
perpetual special disqualification from the right of suffrage.
This cannot apply to petitioner, however, because she was
granted probation. The imposition of her sentence of
imprisonment was thereby suspended and necessarily, the
imposition of the accessory penalties was likewise thereby
suspended.
K. RULE IN VIOLATION OF
CONDITIONS ITS MODIFICATION
AND REVOCATION OF
PROBATION
Section 46 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
Concept. - A probationer's specific act and/or omission(s)
constitutive of a violation of probation condition(s) set forth
in the original, modified or revised Probation Order shall be
reported to the Trial Court, taking into account the totality
of the facts and surrounding circumstances and all possible
areas of consideration.
QUESTION
What happens to a probationer if conditions of
probation are violated?
The Court may modify the conditions of probation or
revoke the same. If the violation is serious, the court may
order the probationer to serve his prison sentence. The
probationer may also be arrested and criminally
prosecuted if the violation is a criminal offense.
Any set or commission on the part of the probationer
which is contrary to the terms and conditions specified in
the probation order.
a. The probation officer investigates the alleged
violation and it is established, a report is
submitted to the court. There can be
MODIFICATION of condition of probation by the
court, depending on the nature and seriousness
of the violation;
b. There is also the possibility of arrest including
criminal, prosecution of the probationer in the
vent of commission of another offense. The
REVOCATION proceeding is summary.
After considering the nature and seriousness of
violation court may order ARREST of probation
NOTA BENE: If the court finds the probationer guilty of
serious violation of the conditions of probation he may
be ordered to serve the original sentence imposed on
him.
IF VIOLATION IS ESTABLISHED- court may revoked or
continue with modified conditions
IF REVOKED- probationer shall serve the sentence
originally imposed.
QUESTION
If the probationer committed a crime while under
probation, what would be the consequences?
a. The probationer will be arrested for violation of the
condition of probation
b. Prosecution of the new crime committed
The court will order the serving of the original sentence of
the previous offense
I. ABSCONDING PETITIONER
Section 43 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
Absconding Probationer. –
(a) A probationer who has not reported for initial
supervision within the prescribed period and/or whose
whereabouts could not be found, located or determined
despite best diligent efforts within reasonable period of
 time shall be declared by the proper Office as an
absconding probationer.
Thereafter said Office shall file with the proper court a
Violation Report (PPA Form 8), containing its findings and
recommendation, duly prepared and signed by the
Supervising Parole and Probation Officer and duly noted by
the Chief Parole and Probation Officer.
II. FACT-FINDING INVESTIGATION.
Section 47 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure. Fact-
Finding Investigation. - Based on reasonable cause reported
by a reliable informant or on his own findings, the SPPO,
SrPPO, PPOII, PPOI concerned or the CPPO himself shall
conduct or require the Supervising Probation Officer on case
to immediately conduct a fact-finding investigation on any
alleged or reported violation of probation condition(s) to
determine the veracity and truthfulness of the allegation.
III. REPORT: VIOLATION OF CONDITION
Section 48 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure.
Report: Violation of Condition. -
(a) After the completion of the fact-finding
investigation, the Supervising Probation Officer on
case shall prepare a violation report thereon
containing his findings and recommendations and
submit the same to the CPPO for review and
approval.
(b) In some cases, a probationer who has not reported
for initial supervision within the seventy-two (72)
hours from his receipt of the Probation Order or
within the prescribed period ordered by the Trial
Court or whose whereabouts could not be
ascertained notwithstanding best efforts exerted
within a reasonable period of time by the City and
Provincial Parole and Probation Office shall be
immediately reported to the Trial court for
appropriate action.
(c) Thereafter, said Parole and Probation Office shall
file with the trial court a Violation Report (PPA
Form 8), containing its findings and
recommendation, duly prepared and signed by the
SPPO, SrPPO, PPOII, PPOI concerned and duly
noted by the CPPO for the court's resolution.
IV. VIOLATION OR INFRACTION REPORT
Infraction Report is refers to the report submitted by
the Probation and Parole Officer on violations committed
by a parolee/pardonee of the conditions of his release on
parole or conditional pardon while under supervision.
Section 49 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure. -
Violation Report. Its Contents: Signatories and Submission
to Trial Court. - The Violation Report shall include, among
others, the following:
1. accurate and complete statement of the facts and
surrounding circumstances, concluding but not limited
to the:
(a) nature, character and designation of the violation;
(b) specific acts and/or omissions constitutive of the
violation;
(c) place, date and time of commission or omission;
(d) statements or affidavits of apprehending officers
and offended parties and
(e) other related data and information.
2. probationer's response, explanation and clarification
duly sworn to before a notary public and other
supporting testimonial, documentary and objective
evidence;
3. findings, assessment and recommendation of the
Probation Office. The Violation Report shall be prepared
and signed by the SPPO, SrPPO, PPOII or PPOI concerned
and approved and signed by the CPPO.
V. STANDARDS IN PROCESSING VIOLATION:
It will be appropriate for standards to be formulated as
a guide to probation officer, and court is processing
violation of conditions. In any event, the following:
intermediate steps should be considered as alternative to
revocation:
a. A review of the conditions: followed by changes
necessary or desirable
b. A formal or informal conference with probation to
re-emphasize the necessity of compliance with the
conditions and:
c. Formal or informal warning that further violation
should resolve to revocation of probation.
Revocation followed by imprisonment should be the
disposition, however, when the court finds on the basis of
the original offense in the intervening conduct of the
offender, that:
a. Confinement is necessary to protect the public
from further criminal activity by the offender or
b. The offender is need of correctional treatment
which can most effectively provided if confined, or
c. It would unduly depreciate the seriousness of the
offense if probation were not revoked.
VI. RULE VII OF THE REVISED RULES ON PROBATION:
METHODS AND PROCEDURES
Sec.35: Methods and Procedures. A violation of probation
shall be understood to main any act or any omission on the
part of the probationer with respect to the terms and
condition or probation.
SEC. 36 The probation officer shall motu-propio (on his
own) or upon the report of the probation aide or any other
person conduct a fact finding investigation of any alleged
violation of probation
SEC.37 Rule VII of the Revised Rules on Probation. Once
the investigation is completed the probation officer shall
report the result of the same to the court.
SEC.38 Rule VII of the Revised Rules on Probation. The
report of the probation officer to the court (P.A. form no.
38) concerning and alleged violation of the condition of
probation shall include:
a. Complete statement of the facts of the alleged
violation including the date, place and
circumstances thereof, statements of victims,
witnesses and arresting officer if any.
b. The explanation, if any of the problem for the
alleged violation.
c. The recommendation of the probation officer.
L. MODIFICATIONS OF CONDITIONS
Under Sec.12 of PD 968, during the period of probation
the court may upon application of either the probation or
the probation officer revised or modify the condition or
period of probation. The court shall notify either the
probationer or the probation officer of the filing of such
application so as to give both parties an opportunity to be
heard thereon.
The court shall inform in writing the probation officer
and probationer of any change in the period or conditions
of probation.
Whether or not petition has been in violation- there can
be change however it is believed that most orders shall be
made after violation- if not rejection of probation is
persuasive. Due process must be observed.
An order modifying the period or conditions of
probation is NOT APPEALABLE. However certiorari lies on
the ground of abused of discretion.
Section 44 of Parole and Probation Administration Omnibus
Rules on Probation Methods and Procedure. Modification or
Revision of Probation Conditions. – (a) During the probation
supervision period, the Trial Court may motu proprio or,
upon motion by the City or Provincial Parole and Probation
Office or by the probationer or his lawyer.
Section 45 of Parole and Probation Administration Omnibus
Rules on Probation Methods and Procedure. Effectivity and
Finality of Modified or Revised Probation Order. –(a) The Trial
Court may modify or revise the Probation Order which shall
become effectivity and final upon its promulgation and
receipt thereof by the probationer, unless specified
otherwise by said Order.
M.REVOCATION OF PROBATION
Nobody can discount the probability that probatioern
may not violate the condition of probation what is the
concept of violation of probation. The following are the
two grounds for revocation of probation.
1. Failure to comply with any condition
2. Commission of another offense
QUESTION
What constitute commission of another offense or
violation of penal law? Is it the act of committing or
perpetrating a crime? Or conviction for the commission
of said offense?
Supreme Court ruled that a condition violated by the
pardonee or parolee on judicial condition is not
necessary.
Supreme Court revoked probation on the basis of a
subsequent final judgment without remanding the case
to the probation office.
NOTA BENA: An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be
appealable.
I. EFFECT OF REVOCATION
Under Section 52 of Parole and Probation
Administration Omnibus Rules on Probation Methods and
Procedure the following are the effect of revocation:
(a) After a serious violation of a probation condition has
been established in the hearing, the Trial Court may
order the continuance of the probationer's probation
or modification of his probation conditions or revoke
his probation whichever is proper and just under in
judicial discretion.
(b) If the probation period has been revoked, the Trial
Court shall order the probationer to serve the
sentence originally imposed in the judgment of his
case for which he applied for probation.
(c) A court order modifying the probation conditions as
in Sec. 44 of these Rules or revoking probationer's
probation shall not be appealable. However, it may
be correctable by certiorari under the Rules of Court.
RONALD SORIANO vs. COURT OF APPEALS
G.R. No. 123936: March 4, 1999
FACTS:
Petitioner Ronald Santiago was convicted of the crime
of Reckless Imprudence resulting to homicide, serious
physical injuries and damage to property on December 7,
1993.His application for probation was granted on March 8,
1994.On October 4, 1994, the trial court issued an order
declaring petitioner in contempt of court for his failure to
comply with its orders of June 20, 1994 and August 15, 1994.
The court likewise revoked the grant of probation to
petitioner and ordered that he be arrested to serve the
sentence originally imposed upon him. According to the
trial court, among the violation committed by petitioner as
regards his probation are his failures to (1) meet his
responsibilities to his family, (2) engage in a specific
employment, and (3) cooperate with his program
of supervision.
ISSUE:
Whether or not the petitioner has violated the terms
and conditions of his probation warrant its revocation.
HELD:
The Solicitor General argues that petitioner has
committed violations, thus justifying the trial court's
revocation of the grant of probation. He further points out
that our ruling in Salgado is inapplicable to the case of
petitioner since what was involved in Salgado was a
program of payment already imposed upon petitioner
therein. In this case, however, it is petitioner who is being
asked to submit his own program of payment and he had
not submitted any such program.
Petitioner asserts that his non-compliance with the
orders of the trial court requiring him to submit a program
of payment was not deliberate. To our mind, his refusal to
comply with said orders cannot be anything but deliberate.
He had notice of both orders, although the notice of the
order of June 20, 1994 came belatedly. He has, up to this
point, refused to comply with the trial court's directive, by
questioning instead the constitutionality of the
requirement imposed and harping on his alleged poverty as
the reason for his failure to comply. Contrary to his
assertion, this requirement is not violative of the equal
protection clause of the Constitution. Note that payment of
the civil liability is not made a condition precedent to
probation. If it were, then perhaps there might be some
basis to petitioner's assertion that only moneyed convicts
may avail of the benefits of probation. In this case,
however, petitioner's application for probation had already
been granted. Satisfaction of his civil liability was not made
a requirement before he could avail probation, but was a
condition for his continued enjoyment of the same. The trial
court could not have done away with imposing payment of
civil liability as a condition for probation, as petitioner
suggests. This is not an arbitrary imposition but one
required by law. It is a consequence of petitioner's having
been convicted of a crime, and petitioner is bound to satisfy
this obligation regardless of whether or not he is placed
under probation.
We fail to see why petitioner cannot comply with a
simple order to furnish the trial court with a program of
payment of his civil liability. He may, indeed, be poor, but
this is precisely the reason why the trial court gave him the
chance to make his own program of payment. Knowing his
own financial condition, he is in the best position to
formulate a program of payment that fits his needs and
capacity. Settled is the rule in this jurisdiction that findings
of fact of the trial court are entitled to great weight, more
so when they are affirmed by the Court of Appeals, as in
this case. Besides, petitioner himself admits in his petition
that he is unemployed and only depends on his parents for
support. He can barely support his family. Petitioner ought
to be reminded of what is incumbent on a probationer,
including those requirements that the trial court may set.
As Section 10 of the Probation Law states:
Sec. 10. Conditions of Probation.—. . .The court may
also require the probationer to:(a) Cooperate with a
program of supervision;(b) Meet his family responsibilities;
(c) Devote himself to a specific employment and not to
change said employment without the prior written approval
of the probation officer xxx xxx xxx(e) Pursue a prescribed
secular study or vocational training; Clearly, these
conditions are not whims of the trial court but are
requirements laid down by statute. They are among the
conditions that the trial court is empowered to impose and
the petitioner, as probationer, is required to follow. Only by
satisfying these conditions may the purposes of probation
be fulfilled. These include promoting the correction and
rehabilitation of an offender by providing him with
individualized treatment, and providing an opportunity for
the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence. Failure to
comply will result in the revocation of the order granting
probation, pursuant to the Probation Law:
Sec. 11.Effectivity of Probation Order — A probation
order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequences thereof
and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty imposed for the
offense under which he was placed
on probation."(Emphasis supplied.)
Probation is not an absolute right. It is a mere
privilege whose grant rests upon the discretion of the trial
court. Its grant is subject to certain terms and conditions
that may be imposed by the trial court. Having the power
to grant probation, it follows that the trial court also has
the power to order its revocation in a proper case and
under appropriate circumstances. Moreover, having
admittedly violated the terms and conditions of his
probation, petitioner cannot now assail the revocation of
his probation. Regrettably, he has squandered the
opportunity granted him by the trial court to remain
outside prison bars, and must now suffer the consequences
of those afore-cited violations.
N. ARREST OF PROBATIONER;
SUBSEQUENT DISPOSITION
(SEC.15,PD NO. 968)
After considering the nature and seriousness of
violation court may order arrest of probation. Under Sec.15
of PD No. 968, at any time during probation, the court may
issue a warrant for the arrest of a probationer for violation
of any of the conditions of probation. The probationer,
once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and
summary, of the violation charged. The defendant may be
admitted to bail pending such hearing. In such a case, the
provisions regarding release on bail of persons charged
with a crime shall be applicable to probationers arrested
under this provision. If the violation is established, the court
may revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An
order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable.
Section 50 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure. -
Violation Report. It’s Contents: Arrest of Erring
Probationer. - After having duly considered the nature and
gravity of such reported violation based on the submitted
Violation Report, the Trial Court may issue a warrant for the
arrest of the probationer for serious violation of his
probation condition.
QUESTION
May the arrested of probationer admitted to bail?
YES, The defendant may be admitted to bail pending
such hearing. In such a case, the provisions regarding
release on bail of persons charged with a crime shall be
applicable to probationers arrested under this provision.
I. HEARING OF THE VIOLATION
Informal and summary - Probation have right to
counsel and given all the opportunities to be heard because
it may lead to revocation and hence imprisonment.
Probation officer- prosecutes but may asked assistance
from the prosecutor office in the presentation of evidence.
Section 51 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure:
Hearing of the Violation of Probation. - Once arrested and
detained, the probationer shall immediately be brought
before the Trial Court for a hearing of the violation charged.
In the hearing which shall be summary in nature, the
probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor.
The court shall not be bound by the technical rules of
evidence, but may inform itself of all the facts which are
material and relevant to ascertain the veracity of the
charge.
The probationer may be admitted to bail pending such
hearing. In such case, the provisions regarding release on
bail of persons charged with the crime or offense shall be
applicable to probationers arrested under this provision.
Parole and Probation Administration Omnibus Rules on
Probation Methods and Procedure
Section 53 Right to Counsel. - In the hearing or proceeding
for violation of probation conditions, the probationer shall
have the right to counsel of his own choice.
Section 54. Representation for the State. - For the
Prosecution of serious violation of probation condition(s),
during said hearing or proceeding, the State shall be
represented by the proper prosecuting officer.
II. SAFEGUARD IN PROTECTION OF PROBATION DUE
PROCESS
Before probation can revoked, the following may be
required:
1. written notice of the claimed violation
2. disclosure of evidence against probation
3. opportunity to be heard and to present witnesses
and document evidence
4. the right confronts and cross-examines adverse
witnesses
5. a written statement of the fact finder as to the
evidence relied and reason for revocation
(decision)
O. TERMINATION AND CLOSING OF
PROBATION CASE (SECTION 16,
PD 968)
Section 16 of PD 968 - After the period of probation
and upon consideration of the report and recommendation
of the probation officer, the court may order the final
discharge of the probationer upon finding that he has
fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was
granted.
The probationer and the probation officer shall each be
furnished with a copy of such order.
I. MODES AND GROUNDS OF TERMINATIONS OF THE
PROBATION SUPERVISION CASE
1. The successful completion of program of
probation.
2. Revocation for cause, or death of the
probationer.
NOTA BENE: Termination Report - 30 days before the
termination period.
Section 60 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure: The
probation supervision period may be terminated on any of
the following grounds:
(a) successful completion of probation;
 (b) probation revocation for cause under Section 49
(a-c) 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.
Sec 50 of Revised Rules on Probation - After period of
probation with satisfactory compliance with condition of
probation.
1. Revocation for case (sec. 40)
2. Other ways of terminating of probation:
a. Termination before the expiration of the
period the court may terminate were the ends
of justice will serve thereby and when the
good conduct and rehabilitation of the person
so held on probation shall warrant
termination.
b. Termination of pardon of probation- absolute
or conditional
c. Deportation of probation- alien
d. Death of probationer
Sec. 51 of Revised Rules on Probation - At least 30 days
before the expiration of the period of probation or unless
otherwise required by the court, the probation officer shall
submit a final report (Probation Adm. Form no. 9) to the
court which shall indicate:
a. The prescribe program of supervision and
response of the probationer to said program
b. A recommendation as to whether the probationer
nay be discharge from probation of not. If not
probation officer may recommend modification of
term.
c. Such other information required by the court.
II. TERMINATION REPORT
Section 61 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure:
Termination Report. - The City and Provincial Parole and
Probation Office shall submit to the Trial Court a Probation
Officer’s Final Report (PPA Form 9) thirty (30) days before
the expiration of the period of probation embodying,
among others, the following:
(a) Brief personal circumstances of the probationer;
(b) Brief criminal circumstances about his case (i.e.
Criminal case number, court, branch, period of
probation, initial and last date of probation)
(c) Prescribed probation treatment and supervision
program;
(d) Probationer's response to the treatment
plan/program;
(e) Recommendation to discharge the probationer
from probation and the restoration of all his civil
rights.
Such other relevant and material facts and information
which may be required by the Trial Court.
III. FINAL DISCHARGE
Section 62 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure: Final
Discharge. - After expiration of the original or extended
probation period and based on due consideration of the
POs final report, the Trial Court may order the final
discharge of the probationer upon finding that he has
fulfilled the probation terms and conditions and,
thereupon, the probation supervision case is deemed
terminated.
Sec 63 of Parole and Probation Administration Omnibus
Rules on Probation Methods and Procedure: Legal Effect Of
Discharge
1. Shall restore to him all civil rights lost or suspended
as a result of conviction.
2. Fully discharge his liability for any fine as to the
offense which probation was granted but not civil
liability.
3. The probationer and the probation office shall be
promptly furnished with copies of such
It is hereby understood that, the probationer's political
rights are not lost or suspended even during the probation
period.
BALA vs. MARTINEZ
G.R. No. L-67301 January 29, 1990
FACTS:
Accused Manuel Bala was found guilty beyond
reasonable doubt of the crime of falsification of a public or
official document defined and penalized under article 172 of
the Revised Penal Code, without any mitigating or
aggravating circumstances. Applying the Indeterminate
Sentence Law, he is hereby sentenced to an indeterminate
penalty of not less than 1 year 1 day and not exceeding 3
years, 6 months & 21 days of prision correccional. The
petitioner seasonably appealed, but the Court of Appeals,
on April 9, 1980, affirmed in toto the lower court's decision.
After the case had been remanded to the court of
origin for execution of judgment, the petitioner applied for
and was granted probation by the respondent judge in his
order dated August 11, 1982. The petitioner was then placed
under probation for a period of one (1) year, subject to the
terms and conditions enumerated therein.
By the terms of the petitioner's probation, it should
have expired on August 10, 1983, one year after the order
granting the same was issued. But, the order of final
discharge could not be issued because the respondent
probation officer had not yet submitted his final report on
the conduct of his charge.
On December 8, 1983, the respondent People of the
Philippines, through Assistant City Fiscal Jose D. Cajucom of
Manila, filed a motion to revoke the probation of the
petitioner before Branch XX of the Regional Trial Court
(RTC) of Manila, presided over by the respondent judge.
The motion alleged that the petitioner had violated the
terms and conditions of his probation.
On January 4, 1984, the petitioner filed his opposition
to the motion on the ground that he was no longer under
probation, his probation period having terminated on
August 10, 1983, as previously adverted to. As such, no valid
reason existed to revoke the same, he contended.
As if to confirm the Manila Assistant City Fiscal's
motion to revoke the petitioner's probation, the
respondent probation officer filed on January 6, 1984, a
motion to terminate Manuel Bala's probation, at the same
time attaching his progress report on supervision dated
January 5, 1984. The same motion, however, became the
subject of a "Manifestation," dated January 10, 1984, which
stated that the probation officer was not pursuing the
motion to terminate dated January 6, 1984; instead, he was
submitting a supplemental report 7 which recommended
the revocation of probation "in the light of new facts,
information, and evidences."
ISSUE: Whether or not Bala is already released from
probation absence of certificate of final discharge and can
the court revoke the probation of latter?
HELD:
The present law on probation, Presidential Decree
(P.D.) 1990, which amends section 4 of P.D. 968, clearly
states that "no application for probation shall be
entertained or granted if the defendant has perfected the
appeal from the judgment of conviction."
However, in the case at bar, P.D. 1990 is inapplicable.
P.D. 1990, which went in force on January 15, 1985 cannot
be given retroactive effect because it would be prejudicial
to the accused.
The Court finds no merit in the petition. Probation is
revocable before the final discharge of the probationer by
the court, contrary to the petitioner's submission.
Section 16 of PD 968 is clear on this score, 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.
Thus, the expiration of the probation period alone does
not automatically terminate probation. Nowhere is the ipso
facto termination of probation found in the provisions of
the probation law. Probation is not coterminous with its
period. There must first be issued by the court of an order
of final discharge based on the report and recommendation
of the probation officer. Only from such issuance can the
case of the probationer be deemed terminated.
The period of probation may either be shortened or
made longer, but not to exceed the period set in the law.
This is so because the period of probation, like the period of
incarceration, is deemed the appropriate period for the
rehabilitation of the probationer. In the instant case, a
review of the records compels a revocation of the
probation without the need of further proceedings in the
trial court which, after all, would only be an exercise in
futility. If we render justice now, why should we allow the
petitioner to further delay it. Probationer Manuel Bala
failed to reunite with responsible society. Precisely he was
granted probation in order to give him a chance to return
to the main stream, to give him hope — hope for self-
respect and a better life. Unfortunately, he has continued
to shun the straight and narrow path. He thus wrecked his
chance. He has not reformed.
A major role is played by the probation officer in the
release of the probationer because he (probation officer) is
in the best position to report all information relative to the
conduct and mental and physical condition of the
probationer in his environment, and the existing
institutional and community resources that he may avail
himself of when necessary. Indeed, it is the probation
officer who primarily undertakes the supervision and
reform of the probationer through a personalized,
individualized, and community-based rehabilitation
program for a specific period of time. On the basis of his
final report, the court can determine whether or not the
probationer may be released from probation.
We find it reprehensible that the respondent probation
officer had neglected to submit his report and
recommendation. For, as earlier discussed, without this
report, the trial court could not issue the order of final
discharge of the probationer. And it is this order of final
discharge which would restore the probationer's
suspended civil rights. In the absence of the order of final
discharge, the probation would still subsist, unless
otherwise revoked for cause and that is precisely what we
are going to do. We are revoking his probation for cause.
The petitioner, by applying for probation and getting it,
consented to be emancipated from the yoke if not stigma
of a prison sentence, pledging to faithfully comply with the
conditions of his probation, among which are:
xxx
4. To be gainfully employed and be a
productive member of society;
xxx
6. To cooperate fully with his program of
supervision and rehabilitation that will be
prescribed by the Probation Officer.
These conditions, as the records show, were not complied
with. This non-compliance has defeated the very purposes
of the probation law, to wit:
(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.
By his actuations, probationer-petitioner Manuel V.
Bala has ridiculed the probation program. Instead of
utilizing his temporary liberty to rehabilitate and
reintegrate himself as a productive, law abiding, and
socially responsible member of society, he continued in his
wayward ways — falsifying public or official documents.
Specifically, on April 30, 1984, the Regional Trial Court
of Manila, National Capital Judicial Region, Branch XXX,
convicted the petitioner, along with two other persons,
under Article 172, in relation to Article 171, of the Revised
Penal Code, in five separate informations, in Criminal Cases
Nos. 29100, 29101, 29102, 29103, and 29107. The trial court
imposed upon each of them in all five (5) cases a prison
term of 2 years of prision correccional, as minimum, to 4
years also of prison correccional, as maximum. On appeal,
the Court of Appeals affirmed the judgment of the RTC with
modification by granting restitution of the amounts they
collected from the offended private parties. The judgment
has since become final. As a matter of fact, for failure of the
petitioner to appear for execution of judgment despite
notice, the trial court ordered the arrest of Manuel Bala on
July 10, 1989. A warrant of arrest against Bala was issued on
July 12, 1989 and this warrant has not yet been
implemented because Bala absconded. These facts are
evident and constitute violations of the conditions of his
probation. Thus, the revocation of his probation is
compelling.
At any time during the probation, the
court may issue a warrant for the arrest of
a probationer for violation of any of the
conditions of probation. The probationer,
once arrested and detained, shall
immediately be brought before the court
for a hearing which may be informal and
summary, of the violation charged. ... If
the violation is established, the court may
revoke or continue his probation and
modify the conditions thereof. If revoked,
the court shall order the probationer to
serve the sentence originally imposed. An
order revoking the grant of probation or
modifying the terms and conditions
thereof shall not be appealable. 11
(Emphasis supplied.)
The probation having been revoked, it is imperative
that the probationer be arrested so that he can serve the
sentence originally imposed. The expiration of the
probation period of one year is of no moment, there being
no order of final discharge as yet, as we stressed earlier.
Neither can there be a deduction of the one year probation
period from the penalty of one year and one day to three
years, six months, and twenty-one days of imprisonment
because an order placing the defendant on "probation" is
not a "sentence," but is in effect a suspension of the
imposition of the sentence. It is not a final judgment but an
"interlocutory judgment" in the nature of a conditional
order placing the convicted defendant under the
supervision of the court for his reformation, to be followed
by a final judgment of discharge, if the conditions of the
probation are complied with, or by a final judgment if the
conditions are violated."
Lastly, probation is a mere privilege. Privilege is a
peculiar benefit or immunity conferred by law on a person
or group of persons, not enjoyed by others or by all; special
enjoyment of a good or exemption from an evil; it is a
special prerogative granted by law to some persons. 14
Accordingly, the grant of probation rests solely upon the
discretion of the court. This discretion is to be exercised
primarily for the benefit of organized society, and only
incidentally for the benefit of the accused. 15 If the
probationer has proven to be unrepentant, as in the case of
the petitioner, the State is not barred from revoking such a
privilege. Otherwise, the seriousness of the offense is
lessened if probation is not revoked.
In the light of all the foregoing and in the interest of
the expeditious administration of justice, we revoke the
probation of the petitioner for violations of the conditions
of his probation, instead of remanding the case to the trial
court and having the parties start all over again in needless
protracted proceedings.
IV. CLOSING OF PROBATION CASE
REVISED RULES ON PROBATION
SEC 54 ARCHIVING OF CASE - The probation office shall
formally close the record of probation case upon formal
receipt of the court order finally discharging the probationer.
Thereafter the case shall be archived- kept for record
purposes.
PAROLE AND PROBATION ADMINISTRATION OMNIBUS
RULES ON PROBATION METHODS AND PROCEDURE
SECTION 64. POINT IN TIME. - After actual receipt of the
Termination Order finally discharging the probationer, the
Probation Office shall formally close the probation case and
keep clients case file.
SECTION 65. MODE. - Immediately after such closure of the
probation case, the corresponding probation records shall be
archived, but not after the proper reporting is done.
V. CONFIDENTIALITY OF PROBATION RECORDS
Section 17 of PD 968. Confidentiality of Records. The
investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged
and shall not be disclosed directly or indirectly to anyone
other than the Probation Administration or the court
concerned, except that the court, in its discretion, may
permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the
best interest of the probationer make such disclosure
desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies
of said documents for its official use from the proper court
or the Administration.

SEC 57 REVISED RULES ON PROBATION

1. Where it can be found?
a. Court concern
b. Office of the chief provincial probation office
assigned in city or province
c. Copies of this record forwarded to regional
ppo and ppa (Central Office)
2. What are these records?
a. petition for probation
b. order or referral for investigation
c. worksheet, waiver, case presentation, or
classification
d. resolve of record check from courts, barangay,
PNP, as well as Case Management and Records
Division, PPA
e. request for courtesy investigation and its
result
f. Post- Sentence Investigation Report
g. probation order, denying or granting
probation
h. application for modification or revision of
period or condition of probation
i. modification and revision order
j. record of hearing of violation of conditions of
probation
k. revocation or termination order

3. Which records are confidential? Investigation

Report and Supervisory History of Probation.
These are privilege and not accessible except to:
1. Probation Administration
2. Court
3. Probationer or
4. His attorney
5. Government offices or agencies engaged in
the correction and rehabilitation of offender

VI. VIOLATION OF CONFIDENTIALITY

Section 29 of PD 968 – the penalty imposed 6 months
and one day to 6 years and fined ranging from 600 to 6000
pesos.
 CHAPTER V
THE VOLUNTEER PROBATION AIDES (VPA)
CHAPTER CONTENTS
1. Volunteerisms define
2. Volunteer Probation Aides (VPA) define
3. Qualification of VPA
4. Appointment and terms of office of VPA
5. Salary of VPA
6. Duties, Function and Responsibilities of VPA
7. Case load limitation of VPA
SPECIFIC OBJECTIVES
At the end of this chapter the students should be able
to:
1. define Volunteerisms and Volunteer Probation
Aides (VPA);
2. identify the qualification of VPA;
3. discuss the appointment and terms of office of
VPA;
4. enumerate the duties of VPA and its case loads
limitation.
A. VOLUNTEERISMS define
It is a strategy by which the parole and probation
administration may be able to generate maximum
citizen participation or community involvement in the
overall process of client rehabilitation.
B. VOLUNTEER PROBATION AIDES
(VPA) define
VPA are citizen of good standing in the
community who are volunteer to assist the parole
and probation officers in the supervision of a
number of probationers, parolees, and pardonees
in tier respective community.
Since they reside in the same community as
the client, they are able to usher the reformation
and rehabilitation of the clients, ands on.
C. LEGAL BASIS
Section 28 of PD 968. Probation Aides. To
assist the Provincial or City Probation Officers in
the supervision of probationers, the Probation
Administrator may appoint citizens of good repute
and probity to act as probation aides.
Probation Aides shall not receive any regular
compensation for services except for reasonable
travel allowance. They shall hold office for such
period as may be determined by the Probation
Administrator. Their qualifications and maximum
case loads shall be provided in the rules
promulgated pursuant to this Decree.
D. QUALIFICATIONS
Section 57 of Parole and probation
administration omnibus rules on probation
methods and procedure –
a) Must be citizens of good repute and probity.
b) At least 18 years of age on the date of appointment
c) At least high school graduates and
d) Preferably residence of the same locality or
community covering the place of residence of the
probationer and/or the CPPOs, SPPOs, and SrPPOs,
PPOsII, and PPOsI.
Other qualification
1. Of sound mind and of good moral character.
2. As adequate and stable income and willing to serve
without any compensation.
3. Has no criminal record of conviction, except those
who have shown exemplary may therefore be
considered role model to fellow offenders.
4. Has the time to supervise a maximum of 5 clients.
E. APPOINTMENT AND TERMS OF
OFFICE
Sec. 58 of Parole and probation administration
omnibus rules on probation methods and
procedure:
a) Probation Aides shall be appointed by the Probation
Administrator or through authority delegated to the
Regional Directors within their respective areas of
 responsibility upon the recommendation of the
CPPOs.
I. CASE LOAD
b) Probation Aides so appointed may hold office during
good behavior for a period of two (2) years,
renewable at the end of each period; provided, that,
the appointing authority may at any time terminate
the services of Probation Aides for unsatisfactory
performance for at least two (2) consecutive
semesters as determined by the proper Offices
and/or for other lawful and valid cause(s).
Thereafter, his reinstatement shall be determined
by his display of good behavior as determined by
collateral informants and the appointing authority.
F. SALARY
VPA shall not receive any regular
compensation but entitled to travel allowances
allowed under existing government rules and
regulation.
Sec. 59 of Parole and probation administration
omnibus rules on probation methods and
procedure:
a) In assigning probation supervision caseload(s) to the
Probation Aides, the Probation Offices shall duly
consider their respective qualifications, length of
service, work accomplishments, and other related
criteria. And, as to maximum supervision caseload
to be given to them, the Probation Office should,
exercise utmost prudence and caution.
b) The maximum supervision caseloads of a Probation
Aide at any given time shall be ten (10) probationers
on minimum case classification or three (3)
probationers on maximum case classification in
addition to other duties.

G. DUTIES OF VPA
1. Assist the Probation Officer in supervision of
probationer
2. Prepare and submit reports and record of his work
as may be required by probation offices
3. Assist the probation officer in mobilization of
community support for probation program

H. FUNCTIONS AND
RESPONSIBILITIES
The functions and responsibilities of a VPA may include:
1. Works in close consultation and coordination with
the chief probation and parole officer (CPPO) and
supervising officer-on-Case (SOC), who will provide
the needed information about the client including
the treatment and supervision plan;
2. Supervise a maximum of five (5) clients and
thereafter yen (10) clients upon re-appointment
subject to the administrative and technical
supervision by the Chief Parole and Probation
Officer (CPPO);
3. Keeps all information about the clients in strict
confidential;
4. Performs such other task related to clients
rehabilitation as may be assigned by the CPPO
from time to time;
5. Prepares records of their activities and accomplish
related reports and prompt submission thereof
and undertake other related activities; and
6. They may be designated to identify, generate, tap
local community resources or conduct such
activities on skills training and sports and cultural
programs for clients.
CHAPTER VI
THE PAROLE AND PROBATION ADMINISTRATION
CHAPTER CONTENTS
1. What is parole and probation and parole
administration?
2. Functions of PPA
3. The history and Creation of Probation
Administration under PD 968
4. Qualification and Powers and Duties of the
following:
a. Probation administrator,
b. Assistant probation administrator
c. Regional probation officer
d. Provincial and City Probation Officers
5. The Organization Structure of Probation
Administration
6. Vision, Mission, Mandate, Goals and
Organizational Values
7. Major Rehabilitation Programs of PPA
SPECIFIC OBJECTIVES
At the end of this chapter the students should be able
to:
1. Define PPA and know its functions
2. discuss the history and creation of probation
and parole administration under PD 968;
3. identify the qualification and duties of the
following:
a. probation administrator;
b. assistant probation administrator;
c. regional probation officer; and
d. provincial and City Probation Officers;
4. Draw the Organization Structure of Probation
Administration
5. identify and understand the vision, mission,
mandate, goals and organizational values of
PPA; and
6. enumerate and discuss the major rehabilitation
programs of PPA.
A. WHAT IS PAROLE AND
PROBATION ADMINISTRATION?
The Parole and Probation Administration (Filipino:
Pangasiwaan ng Parol at Probasyon), abbreviated as PPA, is
an agency of the Philippine government under the
Department of Justice responsible for providing a less
costly alternative to imprisonment of first-time offenders
who are likely to respond to individualized community-
based treatment programs.
B. FUNCTIONS
To carry out these goals, the Agency through its
network of regional and field parole and probation officers
performs the following functions:
a. To administer the parole and probation system
b. To exercise supervision over parolees, pardonees
and probationers
c. To promote the correction and rehabilitation of
criminal offenders.
C. HISTORY AND THE CREATION OF
PROBATION ADMINISTRATION
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.
In 1972, House Bill No. 393 was filed in Congress, which
would establish a probation system in the Philippines. This
bill avoided the objectionable features of Act 4221 that
struck down the 1935 law as unconstitutional. The bill was
passed by the House of Representatives, but was pending
in the Senate when Martial Law was declared and Congress
was abolished.
In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical
hearings over a period of six months, the draft decree was
presented to a selected group of 369 jurists, penologists,
civic leaders and social and behavioral scientists and
practitioners. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country.
On July 24, 1976, Presidential Decree No. 968, also
known as Adult Probation Law of 1976, was signed into Law
by the President of the Philippines.
Section 18 of PD 968. The Probation Administration. There
is hereby created under the Department of Justice an
agency to be known as the Probation Administration
 herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have such staff, operating units
and personnel as may be necessary for the proper
execution of its functions.
The startup of the probation system in 1976-1977 was a
massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods
and procedures; administrative and procedural manuals
were developed; probation officers recruited and trained,
and the central agency and probation field offices
organized throughout the country. Fifteen selected
probation officers were sent to United States for
orientation and training in probation administration. Upon
their return, they were assigned to train the newly
recruited probation officers.
The probation system started to operate on January 3,
1978. As more probation officers were recruited and
trained, more field offices were opened. There are at
present 204 field offices spread all over the country,
supervised by 15 regional offices.
PAROLE AND PROBATION ADMINISTRATION
PANGASIWAAN NG PAROL AT PROBASYON
Abbreviation PPA-DOJ
Seal of the Parole and Probation Administration
Agency overview
Formed July 24, 1976
Legal Governmental: Government agency
personality
Jurisdictional structure
National Philippines
agency
General nature  Law enforcement
 Civilian agency
Operational structure
Headquarters DOJ Agencies Building, NIA Road cor.
East Avenue, Diliman, Quezon City
Agency Manuel G. Co, Administrator
executive
Parent agency Department of Justice
NOTA BENE: Under Executive Order no. 292, entitled “the
Administrative Code of 1987”, promulgated on November
23, 1989, the probation Administration was renamed as
“Parole and Probation Administration”. It was given the
added function of supervising prisoners who, after serving
part of their sentence in jails are released on parole or are
granted pardon with parole conditions.
D. POWERS AND DUTIES OF
OFFICERS OF PROBATION
ADINISTRATOR
A. PROBATION ADMINISTRATOR
The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the
Administrator.
It is appointed by the President of the Philippines.
He shall hold office during good behavior and shall not
be removed except for cause. (Section 19 of PD 968:)
The following are the powers and Duties of Probation
Administration under Section 19 of PD 968:
(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.
B. ASSISTANT PROBATION ADMINISTRATOR
Under Section 20 of PD 968 there shall be an
Assistant Probation Administrator who shall assist the
Administrator perform such duties as may be assigned
to him by the latter and as may be provided by law. In
the absence of the Administrator, he shall act as head
of the Administration.
He shall be appointed by the President of the
Philippines and shall receive an annual salary of at least
thirty-six thousand pesos.
QUALIFICATIONS:
Under Section 21 of PD 968 to be eligible for
Appointment as Administrator or Assistant Probation
Administrator one must be:
1. At least 35 years old
 2. Holder of a master degree in criminology,
social work correction, penology, psychology,
sociology, public administration , laws, police
science, police administration or relation field.
3. 5 years supervisory experience
4. Member of BAR with 7 years supervisory
C. REGIONAL OFFICE; REGIONAL PROBATION OFFICER.
Under Section 22 of PD 968 the Administration shall
have regional offices.
Such regional offices shall be headed by a Regional
Probation Officer.
1. He shall exercise supervision and control over all
probation officer within his jurisdiction and such
duties as may assigned to him by the
Administrator.
2. He shall have an annual salary of at least 24,000
pesos.
The Regional Probation Officer shall be assisted by an
Assistant Regional Probation Officer with an annual salary
of at least 20,000 pesos
N.B. Both were appointed by President of the
Philippines upon the recommendation of the Secretary of
Justice.
D. PROVINCIAL AND CITY PROBATION OFFICERS.
Under Section 22 of PD 968 there shall be at least one
probation officer in each province and city who shall be
appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance
with civil service law and rules.
The Provincial or City Probation Officer shall receive an
annual salary of at least 8,400.
His duties shall be to:
(a) Investigate all persons referred to him for
investigation by the proper court or the
Administrator;
(b) Instruct all probationers under his supervision of
that of the probation aide on the terms and
conditions of their probations;
(c) Keep himself informed of the conduct and
condition of probationers under his charge and use
all suitable methods to bring about an
improvement in their conduct and conditions;
(d) Maintain a detailed record of his work and submit
such written reports as may be required by the
Administration or the court having jurisdiction over
the probationer under his supervision;
(e) Prepare a list of qualified residents of the province
or city where he is assigned who are willing to act
as probation aides;
(f) Supervise the training of probation aides and
oversee the latter's supervision of probationers;
(g) Exercise supervision and control over all field
assistants, probation aides and other personnel;
and
(h) Perform such duties as may be assigned by the
court or the Administration.
Qualifications of Regional, Assistant Regional, Provincial,
and City Probation Officers. (Section 25 of PD 968)
No person shall be appointed Regional or Assistant
Regional or Provincial or City Probation Officer unless:
1. He possesses at least a bachelor's degree with a
major in social work, sociology, psychology,
criminology, penology, corrections, police science,
administration, or related fields
2. He has at least 3 years of experience in work
requiring any of the abovementioned disciplines or
3. A member of the Philippine Bar with at least 3
years of supervisory experience.
Whenever practicable, the Provincial or City Probation
Officer shall be appointed from among qualified residents
of the province or city where he will be assigned to work.
E. MISCELLANEOUS POWERS UNDER SECTION 24 OF PD
968.
They shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and
to take depositions in connection with their duties and
functions under this Decree. They shall also have, with
respect to probationers under their care, the powers of
police officer.
F. FIELD ASSISTANTS, SUBORDINATE PERSONNEL
Sec. 27. Field Assistants, Subordinate Personnel. —
Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties
effectively.
E. THE ORGANIZATION STRUCTURE
OF PROBATION
ADMINISTRATION (See
Appendices)
The Probation Administration was 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 the added function of
supervising prisoners who, after serving part of their
sentence in jails are released on parole pardon with parole
conditions
Effective August 17, 2005, by virtue of a Memorandum
of Agreement with the Dangerous Drugs Board, the
Administration performs another additional function of
investigating and supervising first-time minor drug
offenders who are placed on suspended pursuant to
Republic Act No. 9165.
Probation Administration (EO no. 292 Paroles and
Probation Administration) Line Bureau under the DOJ
A. CENTRAL OFFICE
1. OFFICE OF THE ADMINISTRATOR – It acts as the head
and the executive officer of the PPA.
a. Planning staff – Develops plans, programs and
conducts, research towards economical, efficient
and effective operation and implementation of PD
no. 968 as amended.
b. Technical services - It acts as service arm of the
Board of Pardons and Parole in the supervision of
parolees and pardoness.
2. OFFICE OF THE DEPUTY ADMINISTRATOR - One
deputy. Assist the administrator and performs such
duties as may be assigned by the administrator.
3. STAFF DIVISION
1. ADMINISTRATIVE DIVISION (AD) – It provides the
administration with well-planned, directed and
coordinated services relating to personnel,
records, supplies and equipment, disbursement,
security and janitor/messengerial services and
public information dissemination.
1. Personnel Section
2. Public Information Section
3. Records and Mailing Section
4. Cash Section
5. Property Section
6. General Services Section
2. FINANCIAL MANAGEMENT DIVISION (FMD) - It
provides financial support to all units of the agency
and implements policies and procedure on
financial management in accordance with the
government rules and regulations.
1. Accounting Section
2. Budget Section
3. Management Section
3. LEGAL AND INSPECTORATE DIVISION (LID) – It
provides various units of the administration with
legal advice, prepares opinions on questions of law
that may arise in the implementation of P.D. no.
968 as amended.
1. Inspection and Investigation Section
2. Legal Counseling Section
4. TRAINING DIVISION (TD) - Develops, conducts,
monitors and evaluates training programs for
improved job performance of the line and staff
personnel of the agency, develops modules for
training of community volunteers, facilities and
monitors attendance of officials and employees in
training programs sponsored by the other
agencies/organizations.
1. Research Development Section
2. Material Preparation and A/V Section
3. Training Evaluation Section
5. COMMUNITY SERVICES DIVISION (CMSD) – Assist
in the establishment/development of facilities,
programs and services for the rehabilitation of
probationers/parolees/pardonees utilizing
community resources, provides technical and
consultative services to operating units and offices
of the administration, screens and recommends for
appointment of VPAs.
1. Community Programs Section
2. Volunteer services Section
6. CASE MANAGEMENT AND RECORDS DIVISION - It
provides technical services assistance to field
officers in improving investigation
procedures/supervision over probationers and
their services to the courts; conducts studies on
caseloads, caseworks services and procedures in
case management, maintains central files of
records of
petitioners/probationers/parolees/pardonees and
establishes linkages with criminal justice pillars for
improvement of case load management.
7. CLINICAL SERVICES DIVISION (CSD) - Provides the
administration with effective diagnostic/evaluation
and therapy/management of PPA employees and
their dependents, petitioner, probationers,
parolees, pardonees which include psychiatric,
medical, dental, and psychological and social
services.
1. Psychological Services Section
2. Social Services Section
3. Medical and Dental Section
B. REGIONAL OFFICES - Regional Probation
and Parole Offices (Dir. II/ Regional Dir.) - It exercise
supervision and control over all provincial/city Parole
and Probation offices within the jurisdiction and
performs such duties as may be assigned by the
administrator.
- One Deputy (Dir. I/ Asst. Reg. Dir.)
- 15 Regional Office
C. PROVINCE/CITY OFFICE – It undertakes
the investigation of petitioners for probation referred
by the courts for PSIRs; supervise
probationers/parolees/pardoness and perform such
 other duties as may be assigned by the administrator. 26 Certificate of No Pending Case
CHIEF PPO ASSISTED BY: 30 Psychological/Clinical evaluation referral
- Senior Probation and Parole Officer (Sr. PPO) 32 Follow-up letter
- Probation and Parole Officer II (PPO II) 33 Standard Cover Letter
- Parole and Probation Officer I (PPO I) 42 Certificate of No Appeal
- Clerk II

NOTA BENE: See Appendix for the Organizational Charts G. VISION, MISSION, MANDATE,
GOALS AND ORGANIZATIONAL
PROBATION ADMINISTRATION – appointed by President -
h\old office during good behavior/ or shall not be remove VALUES
without case.
I. VISION
Regional Probation Office- appointed by the President A model component of the Philippine Correctional
upon recommendation Secretary of DOJ. It IS Assisted by System that shall enhance the quality of life of its
Assistant Regional Probation Office clients through multi disciplinary programs and
resources, and efficient organization, and highly
Provincial or City Probation and Parole Officer- at least one professional and committed workforce in order to
in each province or City appointed by secretary of DOJ, promote social justice and development.
upon recommendation of Probation Administration.
II. MISSION
Requirement for Regional Probation Office, Assistant RPO, To rehabilitate probationers, parolees and pardonees
Provincial or City: and promote their development as integral persons by
1. A bachelor degree major in social work, sociology, utilizing innovative interventions and techniques which
psychology, criminology, penology, correction, respect the dignity of man and recognize his divine
police science, police administration or related destiny.
field with 3 years supervisory experience.
2. member of the BAR with 3 years supervisory III. MANDATE
experience The Parole and Probation Administration is mandated
to conserve and/or redeem convicted offenders and
prisoners who are under the probation or parole
F. PPA FORMS system.
PPA TITLE
FORM IV. GOALS
NO. The Administration's programs sets to achieve the
1 Post-Sentence Investigation Work following goals:
Sheet a. Promote the reformation of criminal offenders and
2 Waiver-Cum-Authorization reduce the incidence of recidivism, and
3 Post-Sentence Investigation Report b. Provide a cheaper alternative to the institutional
5 Monthly Caseload Summary Reports confinement of first-time offenders who are likely
7 Request for Outside Travel to respond to individualized, community-based
8 Violation Report treatment programs.
9 Probation Officers Final Report
10 Office Order V. ORGANIZATIONAL VALUES (PPA)
11 Payment Plan
14 General Inter-Office Referral A. PERFORMANCE - Efficient and effective
15 Case Classification accomplishment of task and targets, beginning with
16 Supervision Treatment Plan individual officials and throughout all units in the
17 Supervision Case Notes organizational hierarchy, linked coherently and
18 Attendance Monitoring Form of Clients progressively toward the agency Mission, Vision and
19 Termination Form strategic works.
22 Arrival Report 1. Teamwork - Working together to achieve
23 Certificate of undertaking shared goals
2. Resourcefulness and Innovativeness -
24 Change of Residence
Exploring resources with ingenuity optimizing
25 Pre-Parole/Pre-Executive Clemency
opportunities with creativity.
Investigation Report

B. PROFESSIONALISM - High level of proficiency on
the 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 fellowmen.
1. Role modeling - Serving and inspiring by
example.
2. Professional Existence - Achieving high
standards for ethical and quality service
C. ACCOUNTABILITY - Inherent obligation of every
official and employees to answer employee to
answer for decisions, actions and result within
his/her authority, including proper and effective
utilization of resources is support of Agency policies
and programs with timely, complete and accurate
disclosure in required report.
1. Responsibility - Achieving expectations,
answering for results.
2. Honesty and Integrity - Being upright and
transparent in transaction and relations.
H. MAJOR REHABILITATION
PROGRAMS
A. RESTORATIVE JUSTICE (RJ) is a philosophy and a
process whereby stakeholders in a specific offense
resolve collectively how to deal with the aftermath
of the offense and its implications for the future. It
is a victim-centered response to crime that
provides opportunity for those directly affected by
the crime - the victim, the offender, their families
and the community - to be directly involved in
responding to the harm caused by the crime. Its
ultimate objective is to restore the broken
relationships among stakeholders.
The Restorative Justice process provides a
healing opportunity for affected parties to
facilitate the recovery of the concerned parties and
allow them to move on with their lives.
B. The VOLUNTEER PROBATION AIDE (VPA)
PROGRAM is a strategy by which the Parole and
Probation Administration may be able to generate
maximum citizen participation or community
involvement. Citizens of good standing in the
community may volunteer to assist the probation
and parole officers in the supervision of a number
of probationers, parolees and conditional
pardonees in their respective communities. Since
they reside in the same community as the client,
they are able to usher the reformation and
rehabilitation of the clients hands-on.
In collaboration with the PPO, the VPA
helps pave the way for the offender, victim and
community to each heal from the harm resulting
from the crime done. They can initiate a circle of
support for clients and victims to prevent further
crimes, thereby be participants in nation-building.
C. The THERAPEUTIC COMMUNITY (TC) is a self-help
social learning treatment model used in the
rehabilitation of drug offenders and other clients
with behavioral problems. TC adheres to precepts
of “right living” - Responsible Love and Concern;
Truth and Honesty; the Here and Now; Personal
Responsibility for Destiny; Social Responsibility
(brother’s keeper); Moral Code; Work Ethics and
Pride in Quality.
The Therapeutic Community (TC) is an
environment that helps people get help while
helping themselves. It operates in a similar fashion
to a functional family with a hierarchical structure
of older and younger members. Each member has
a defined role and responsibilities for sustaining
the proper functioning of the TC. There are sets of
rules and community norms that members commit
to live by and uphold upon entry. The primary
“therapist” and teacher is the community itself,
consisting of peers, staff/probation and parole
officers and even Volunteer Probation Aides (VPA),
who, as role models of successful personal change,
serve as guides in the recovery process.
 CHAPTER VII
PAROLE
At the end of this chapter the students should be
CHAPTER CONTENTS: able to:
1. Parole Define 1. define parole and other important terms;
2. Historical Development of Parole 2. discuss the historical development of
3. Distinction Between Parole and Probation parole;
4. Advantage and Disadvantage of parole 3. differentiates parole from probation;
5. Prisoners Qualified and Disqualified for 4. identify the advantage and disadvantage
Parole of parole;
6. The Board of Pardon and Parole 5. enumerate the prisoners qualified and
7. The Indeterminate Sentence Law (Act No. disqualified for Parole;
4103) 6. identify the composition of the Boards of
8. Implementing Rules and Regulation on 7. explain the important provisions of Act No.
Parole and Pardon 4103 (1933) known as the Indeterminate
Sentence Law; and
SPECIFIC OBJECTIVES 8. identify important provisions of the

Implementing Rules and Regulation (IRR)
on Parole and Pardon.
A. WHAT IS PAROLE?
It is the provisional release of a prisoner who agrees to
certain conditions prior to the completion of the maximum
sentence period. Originating from the French parole
("voice", "spoken words"), the term became associated
during the Middle Ages with the release of prisoners who
gave their word.
It is the process of suspending the sentence of a
convict after having served the minimum of his sentence
without granting him pardon, and the prescribing term
upon which the sentence shall be suspended.
It is the release from imprisonment, but without full
restoration of liberty, as parolee is in custody of the law
although not in confinement.
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.
B. HISTORY OF PAROLE
Parole comes from the French word parole, referring
to "word" as in giving one's word of honor or promise. It
has come to mean an inmate's promise to conduct him or
herself in a law-abiding manner and according to certain
rules in exchange for release. In penal philosophy, parole is
part of the general 19th-century trend in criminology from
punishment to reformation. Chief credit for developing the
early parole system is usually given to Alexander
Maconochie, who was in charge of the English penal colony
at Norfolk Island, 1,000 miles off the coast of Australia, and
to Sir Walter Crofton, who directed Ireland's prisons
(Cromwell and del Carmen 1999).
Alexander Maconochie, a Scottish geographer and
captain in the Royal Navy, introduced the modern idea of
parole when, in 1840, he was appointed superintendent of
the British penal colonies in Norfolk Island, Australia. He
developed a plan to prepare them for eventual return to
society that involved three grades. The first two consisted
of promotions earned through good behaviour, labour, and
study. The third grade in the system involved conditional
liberty outside of prison while obeying rules. A violation
would return them to prison and starting all over again
through the ranks of the three grade process
Maconochie criticized definite prison terms and
developed a system of rewards for good conduct, labor and
study. Through a classification procedure he called the
mark system, prisoners could progress through stages of
increasing responsibility and ultimately gain freedom. In
1840, he was given an opportunity to apply these principles
as superintendent of the Norfolk Island penal settlement in
the South Pacific. Under his direction, task
accomplishment, not time served, was the criterion for
release. Marks of commendation were given to prisoners
who performed their tasks well, and they were released
from the penal colony as they demonstrated willingness to
accept society's rules. Returning to England in 1844 to
campaign for penal reform, Maconochie tried to implement
his reforms when he was appointed governor of the new
Birmingham Prison in 1849. However, he was unable to
institute his reforms there because he was dismissed from
his position in 1851 on the grounds that his methods were
too lenient (Clear and Cole 1997).
Alexander Maconochie
He is the Superintendent of the penal colony at Norfolk
Island in Australia (1840) who introduced the Mark
System that became the blueprint of modern day parole.
He is considered as the father of modern penology.
Mark System
A progressive humane system in which a prisoner is
required to earn a number of marks based on proper
department, labor and study in order to entitle him for
ticket for leave or conditional release which is similar to
parole.
Walter Crofton attempted to implement
Maconichie's mark system when he became the
administrator of the Irish Prison System in 1854. Crofton felt
that prison programs should be directed more toward
reformation, and that "tickets-of-leave" should be awarded
to prisoners who had shown definitive achievement and
positive attitude change. After a period of strict
imprisonment, Crofton began transferring offenders to
"intermediate prisons" where they could accumulate marks
based on work performance, behavior and educational
improvement. Eventually they would be given tickets-of-
leave and released on parole supervision. Parolees were
required to submit monthly reports to the police, and a
police inspector helped them find jobs and generally
oversaw their activities. The concepts of intermediate
prisons, assistance and supervision after release were
Crofton's contributions to the modern system of parole
(Clear and Cole 1997).
By 1865, American penal reformers were well
aware of the reforms achieved in the European prison
systems, particularly in the Irish system. At the Cincinnati
meeting of the National Prison Association in 1870, a paper
by Crofton was read, and specific references to the Irish
system were incorporated into the Declaration of
Principles, along with other such reforms as indeterminate
sentencing and classification for release based on a mark
system. Because of Crofton's experiment, many Americans
referred to parole as the Irish system (Walker 1998).
Walter Crofton
He is the director of the Irish Prison in 1854 who
introduced the Irish system that was modified from the
Macanochie’s mark system.
Zebulon Brockway, a Michigan penologist, is given
credit for implementing the first parole system in the U.S.
He proposed a two-pronged strategy for managing prison
populations and preparing inmates for release:
indeterminate sentencing coupled with parole supervision.
He was given a chance to put his proposal into practice in
1876 when he was appointed superintendent at a new
youth reformatory, the Elmira Reformatory in New York. He
instituted a system of indeterminacy and parole release,
and is commonly credited as the father of both in the
United States. His ideas reflected the tenor of the times - a
belief that criminals could be reformed, and that every
prisoner's treatment should be individualized.
Zebulon Brockway
First Superintendent of Elmira Reformatory in New
York
He introduced training school type, education for
prisoners, solitary confinement for night and congregate
workshop were adopted, extensive use of parole and
indeterminate sentence.
The Elmira Reformatory (1876 in Elmira, NY)
First reformatory and considered as the forerunner
of modern penology because it had all the elements of a
modern system.
On being admitted to Elmira, each inmate (males
between the ages of sixteen and thirty) was placed in the
second grade of classification. Six months of good conduct
meant promotion to the first grade - misbehavior could
result in being placed in the third grade, from which the
inmate would have to work his way back up. Continued
good behavior in the first grade resulted in release. Paroled
inmates remained under the jurisdiction of authorities for
an additional six months, during which the parolee was
required to report on the first day of every month to his
appointed volunteer guardian (from which parole officers
evolved) and provide an account of his situation and
conduct (Abadinsky 1997). Written reports became
required and were submitted to the institute after being
signed by the parolee's employer and guardian.
Indeterminate sentencing and parole spread rapidly
through the United States. In 1907, New York became the
first state to formally adopt all the components of a parole
system: indeterminate sentences, a system for granting
release, post-release supervision and specific criteria for
parole violation. By 1927, only three states (Florida,
Mississippi and Virginia) were without a parole system, and
by 1942, all states and the federal government had such
systems (Clear and Cole 1997).
This differs from amnesty or commutation of sentence
in that parolees are still considered to be serving their
sentences, and may be returned to prison if they violate the
conditions of their parole. A specific type of parole is
medical parole or compassionate release which is the
release of prisoners on medical or humanitarian grounds.
Conditions of parole often include things such as obeying
the law, refraining from drug and alcohol use, avoiding
contact with the parolee's victims, obtaining employment,
and maintaining required contacts with a parole officer.
Some justice systems, such as the United States federal
system, place defendants on supervised release after
serving their entire prison sentence; this is not the same as
parole. In Colorado, parole is an additional punishment
after the entire prison sentence is served - it is called
'mandatory parole'.
CREATION OF 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
C. DISTINCTION BETWEEN PAROLE
& PROBATION
These two concepts are sometimes used
interchangeably, but there are substantial differences
between the two. Parole is a conditional release from
actual confinement under sentence of imprisonment,
contingent upon future conduct with respect to terms of
parole, and the parolee is subject to future confinement for
the un-served portion of sentence in the event he violates
provisions of parole. While probation relates to action
taken before prison door is closed, and before final
conviction, parole relates to action taken after the prison
door has been closed, and partakes of the nature of
pardon, for it suspends execution of penalty already
imposed.
An order placing a defendant on probation is not a final
judgment, but is rather an "interlocutory judgment" in the
nature of a conditional order placing the defendant under
the supervision of the court for his reformation, to be
followed by a final judgment of discharge, if the conditions
of probation are complied with, or by a final judgment of
sentence if the conditions are violated.
The following are the other distinction:
PAROLE PROBATION
Administrative It is a judicial function
 function exercised by exercise by the courts.
the executive branch
of the government
(executive function)
Granted to a prisoner Granted to an offender
only after he has immediately after
serve the minimum of conviction.
his sentence.
It is an extension of It is substitute for
institutional. It is a imprisonment.
conditional release of Probation is
a prisoner whereby he alternative
is placed under the imprisonment. Instead
supervision of a of being confined in
Parole Officer after prison, the probationer
serving his minimum is released to the
sentence. community by the
court with conditions
to follow and is placed
under the supervision
of PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by Probationer supervise
parole officer by probation officer
Parole is administered Probation is handled by
by the Parole Board. the Probation
Administration
Parole does not Probation is more
restores full civil beneficent because it
rights to parolee restores full civil rights
to the probationer
upon termination
unlike parole.
It is granted more Probation is enjoyed
than once, depending only once
on good behavior
during imprisonment
Probation is a Convict must serve the
community-based minimum of his
approach to sentence before the
reformation of grant.
offenders.
D. DIFFERENCE BETWEEN PAROLE
AND MANDATORY SUPERVISION
"Mandatory Supervision," is a practice whereby an
inmate is released prior to the completion of their sentence
due to legal technicalities which oblige the offender justice
system to free them. In some states such as Texas, inmates
are compensated with "good time," which is counted
towards time served. For example, if an inmate served five
years of a ten year prison term, and also had five years of
"good time," they will have completed their sentence "on
paper," obliging the state to release them unless deemed a
threat to society in writing by the parole board. Where
parole is granted or denied at the discretion of a parole
board, mandatory supervision does not involve a decision
making process: one either qualifies for it or does not.
Mandatory supervision tends to involve stipulations that
are more lenient than those of parole, and in some cases
place no obligations at all on the individual being released.
E. ADVANTAGES AND
an
to DISADVANTAGES OF PAROLE
A. ADVANTAGES OF PAROLE
Parole is the release of a prisoner who agrees to certain
conditions upon being released. An advantage of parole is
that it can be used to award prisoners for good behavior
during their sentence.
One of the other advantages is the economy factors.
Releasing prisoners on parole can force them to get a job
and no longer be a ward of the state. The money from the
prisoner’s job will then pay for state taxes and further help
out the government.
Another advantage is the thought of parole can cause
prisoners to serve their sentence peacefully until they
reach the point where they can be granted parole. This may
lessen the amount of prison fights and altercations with the
guards.
Parole is the early release of convicts from prison, prior
to the completion of their given sentence. Parole is issued
based on good behavior or the parole board's
determination that the convict has been sufficiently
reformed to re-enter society. Therein lies its foremost
advantage: the provision of fresh opportunity and the
chance to start anew for criminals. It is also advantageous
to the public to reduce the number of people incarcerated,
which can cost tens of thousands prisoner per year.
Furthermore, reducing incarceration rates is conducive to a
free, democratic society.
B. DISADVANTAGE OF PAROLE
Parole involves the risk that the parolee may become a
repeat offender (known as recidivism in the criminal justice
field). It also involves the risk that he won't, in fact, be able
to survive on his own upon release, and will fall victim to
chronic unemployment, homelessness, social
maladjustment or substance abuse. Another disadvantage
of parole is that it frequently involves the continuation of
involvement by the criminal justice system (at a financial
cost to the public and to the detriment of individual liberty)
in the parolee's life, because parole is often accompanied
by monitoring for a certain period thereafter.
F. PRISONERS QUALIFIED AND
DISQUALIFIES FOR PAROLE

A. PRISONERS QUALIFIED
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 maximum
period of which exceeds one year, pursuant to a
final judgment of conviction; and that
b. He has served the minimum period of said
sentence less the good conduct time allowances
(GCTA) earned.
c. There is a reasonable probability that if released,
he will become law-abiding; and
d. His release will not be incompatible with the
interests and welfare of society.
"RULE 2.1. 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 executor;
4. In case the inmate has one or more co-accused
who had been convicted, the director/warden
concerned shall forward their prison records
and carpetas/jackets at the same time.
5. Inmate has no pending criminal case; and
6. Inmate is serving sentence in the national
penitentiary, unless the confinement of said
inmate in a municipal, city, district or provincial
jail is justified.
G. PRISONERS DISQUALIFIED FOR
PAROLE: (Section 2, Act no. 4103)
1. Those persons convicted of offenses punished with
reclusion perpetua;
2. Those convicted of treason, conspiracy or
proposal to commit treason;
3. Those convicted of misprision of treason, rebellion,
sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those
who evaded sentence;
7. Those who were granted conditional pardon and
violated any of the terms thereof;
8. Those whose maximum term of imprisonment
does not exceed 1 year or are with a definite
sentence;
9. Those suffering from any mental disorder as
certified by a psychiatric report of the bureau of
correction or national center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an
offense committed while serving sentence.
12. 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
13. Those convicted for violation of the laws on
terrorism, plunder and transnational crimes."
H. BOARD OF PARDONS AND
PAROLE
The Board of Pardons and Parole, created by virtue of
Act No. 4103 (1933) known as the Indeterminate Sentence
Law, is an agency under the Department of Justice (DOJ)
tasked to uplift and redeem valuable human resources to
economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty by way of parole
or through executive clemency.
The Board undertakes the following:
1. Looks into the physical, mental and moral records
of prisoners who are eligible for parole or any form
of executive clemency and determines the proper
time of release of such prisoners on parole;
2. Assists in the full rehabilitation of individuals on
parole or those under conditional pardon with
parole conditions, by way of parole supervision;
and,
3. Recommends to the President of the Philippines
the grant of any form of executive clemency to
prisoners other than those entitled to parole.
The Board of Pardons and Parole administers the
Parole system of the country.
A. COMPOSITION OF THE BOARDS OF PARDON AND
PAROLE
Chairman - Secretary of the DOJ
Ex-Officio - Probation Administrator of the Parole
and Probation Administrator
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
3. Person qualified for the work by
training/experience and a member of the
Philippine BAR.

B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE
OF 1987; [BOOK IV/TITLE III/CHAPTER 6-BOARD OF
PARDONS AND PAROLE]
CHAPTER 6
Board of Pardons and Parole
SECTION 17. Board of Pardons and Parole.—The Board of
Pardons and Parole shall continue to discharge the powers
and functions as provided in existing law and such
additional functions as may be provided by law.
SECTION 18. Board Composition.—The Board shall be
composed of the Secretary as Chairman and six (6)
members consisting of: The Administrator of the Parole and
Probation Administration 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. The members of the Board shall be appointed by
the President upon the recommendation of the Secretary
and shall hold office for a term of six (6) years, without
prejudice to reappointment.
In case of vacancy by reason of death, incapacity,
resignation or removal of any of the Board members, the
Secretary shall have the authority to designate a temporary
member possessing the qualifications of his predecessor
and to serve out his unexpired term or until the President
shall have appointed a regular member to fill the vacancy.
SECTION 19. Executive Director and Board Secretary;
Support Staff.—In the performance of his duties as
Chairman of the Board of Pardons and Parole, the Secretary
shall be assisted by a staff headed by the Executive Director
who is at the same time the Secretary of the Board. The
Executive Director shall be appointed by the President
upon the recommendation of the Secretary. The Executive
Director shall receive a monthly salary of thirteen thousand
five hundred pesos.
The Board Secretary shall prepare and keep the minutes of
all the board sessions in a book of records kept for the
purpose, as well as all the resolutions and
recommendations of the Board on all actions involving
parole, pardons and executive clemency to the President;
authenticate and/or attest all minutes, resolutions and
recommendations of the Board; prepare and serve all
notices of board meetings or sessions to the members of
the Board; prepare an annual report of all resolutions and
recommendations for parole or executive clemency and
other reports that the Department may require. He shall
also perform such other functions as the Board may from
time to time assign to him.
SECTION 20. Board Meetings.—The Board shall meet
regularly every week, or as the Board may direct, or upon
call by the Chairman/Secretary. The members shall act only
as a Board, and every decision of the majority shall be valid
as an act of the Board provided, that the Board may direct a
Board member to prepare and submit a report involving
any application for parole, pardon or any request for
executive clemency for appropriate action by the Board.
SECTION 21. Board Rules and Regulations.—The Board is
hereby authorized to establish and prescribe, subject to the
approval of the Secretary, rules and regulations to govern
the proceedings of the Board.
SECTION 22. Indeterminate Sentence Law.—The provisions
of Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended, shall continue to apply except
as otherwise amended, modified or repealed by this Code.
I. ACT NO. 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.
SECTION 1. Hereafter, in imposing a prison sentence for an
offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall
be that which, in view of the attending circumstances,
could be properly imposed under the rules of the said Code,
and the minimum which shall be within the range of the
penalty next lower to that prescribed by the Code for the
offense; and if the offense is punished by any other law, the
court shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be
less than the minimum term prescribed by the same. (As
amended by Act No. 4225.)
SECTION 2. This Act shall not apply to persons convicted of
offenses punished with death penalty or life-imprisonment;
to those convicted of treason, conspiracy or proposal to
commit treason; to those convicted of misprision of
treason, rebellion, sedition or espionage; to those
convicted of piracy; to those who are habitual delinquents;
to those who have escaped from confinement or evaded
sentence; to those who having been granted conditional
pardon by the Chief Executive shall have violated the terms
thereof; to those whose maximum term of imprisonment
does not exceed one year, not to those already sentenced
by final judgment at the time of approval of this Act, except
as provided in Section 5 hereof. (As amended by Act No.
4225.)
SECTION 3. There is hereby created a Board of Pardons and
Parole to be composed of the Secretary of Justice who shall
be its Chairman, and four members to be appointed by the
President, with the consent of the Commission on
Appointments who shall hold office for a term of SIX
YEARS: Provided, That one member of the board shall be a
trained SOCIOLOGIST, one a CLERGYMAN or EDUCATOR,
one PSYCHIATRIST unless a trained psychiatrist be
employed by the board, and the other members shall be
PERSONS QUALIFIED FOR SUCH WORK BY TRAINING AND
EXPERIENCE. At least one member of the board shall be a
WOMAN. Of the members of the present board, two shall
be designated by the President to continue until December
thirty, nineteen hundred and sixty-six and the other two
shall continue until December thirty, nineteen hundred and
sixty-nine. In case of any vacancy in the membership of the
Board, a successor may be appointed to serve only for the
unexpired portion of the term of the respective members.
(As amended by Republic Act No. 4203, June 19, 1965.)
FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS
AND PAROLE
SECTION 4. The Board of Pardons and Parole is authorized
to adopt such rules and regulations as may be necessary for
carrying out its functions and duties. The Board is
empowered to call upon any bureau, office, branch,
subdivision, agency or instrumentality of the Government
for such assistance as it may need in connection with the
performance of its functions. A majority of all the members
shall constitute a quorum and a majority vote shall be
necessary to arrive at a decision. Any dissent from the
majority opinion shall be reduced to writing and filed with
the records of the proceedings. Each member of the Board,
including the Chairman and the Executive Officer, shall be
entitled to receive as compensation fifty pesos for each
meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the
Revised Administrative Code, and in addition thereto,
reimbursement of actual and necessary travelling expenses
incurred in the performance of duties: Provided, however,
That the Board meetings will not be more than three times
a week. (As amended by Republic Act No. 4203, June 19,
1965.)
SECTION 5. It shall be the duty of the Board of
Indeterminate Sentence to look into the physical, mental
and moral record of the prisoners who shall be eligible to
parole and to determine the proper time of release of such
prisoners. Whenever any prisoner shall have served the
minimum penalty imposed on him, and it shall appear to
the Board of Indeterminate Sentence, from the reports of
the prisoner’s work and conduct which may be received in
accordance with the rules and regulations prescribed, and
from the study and investigation made by the Board itself,
that such prisoner is fitted by his training for release, that
there is a reasonable probability that such prisoner will live
and remain at liberty without violating the law, and that
such release will not be incompatible with the welfare of
society, said Board of Indeterminate Sentence may, in its
discretion, and in accordance with the rules and regulations
adopted hereunder, authorize the release of such prisoner
on parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board. The said
Board of Indeterminate Sentence shall also examine the
records and status of prisoners who shall have been
convicted of any offense other than those named in Section
2 hereof, and have been sentenced for more than one year
by final judgment prior to the date on which this Act shall
take effect, and shall make recommendation in all such
cases to the Governor-General with regard to the parole of
such prisoners as they shall deem qualified for parole as
herein provided, after they shall have served a period of
imprisonment not less than the minimum period for which
they might have been sentenced under this Act for the
same offense.
SECTION 6. Every prisoner released from confinement on
parole by virtue of this Act shall, at such times and in such
manner as may be required by the conditions of his parole,
as may be designated by the said Board for such purpose,
report personally to such government officials or other
parole officers hereafter appointed by the Board of
Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum
sentence imposed upon him or until final release and
discharge by the Board of Indeterminate Sentence as
herein provided. The officials so designated shall keep such
records and make such reports and perform such other
duties hereunder as may be required by said Board. The
limits of residence of such paroled prisoner during his
parole may be fixed and from time to time changed by the
said Board in its discretion. If during the period of
surveillance such paroled prisoner shall show himself to be
a law-abiding citizen and shall not violate any of the laws of
the Philippine Islands, the Board of Indeterminate Sentence
may issue a final certificate of release in his favor, which
shall entitle him to final release and discharge.
SECTION 7. The Board shall file with the court which passed
judgment on the case, and with the Chief of Constabulary, a
certified copy of each order of conditional or final release
and discharge issued in accordance with the provisions of
the next preceding two sections.
SECTION 8. Whenever any prisoner released on parole by
virtue of this Act shall, during the period of surveillance,
violate any of the conditions of his parole, the Board of
Indeterminate Sentence may issue an order for his re-arrest
which may be served in any part of the Philippine Islands by
any police officer. In such case the prisoner so re-arrested
shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed
to prison, unless the Board of Indeterminate Sentence
shall, in its discretion, grant a new parole to the said
prisoner. (As amended by Act No. 4225.)
SECTION 9. Nothing in this Act shall be construed to impair
or interfere with the powers of the Governor-General as set
forth in Section 64(i) of the Revised Administrative Code or
the Act of Congress approved August 29, 1916 entitled “An
Act to declare the purpose of the people of the United
States as to the future political status of the people of the
Philippine Islands, and to provide a more autonomous
government for those Islands.”
SECTION 10. Whenever any prisoner shall be released on
parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised
Administrative Code.
Effective on December 5, 1933.
INDETERMINATE SENTENCE LAW
PRIMER- Instead of imposing a “straight” penalty, the
court must determine two penalties (maximum and
minimum)
I. PURPOSE: To uplift and redeem valuable human
material, and prevent unnecessary and excessive
deprivation of liberty and economic usefulness.
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).
II. COVERAGE
A. GENERAL RULE: All persons convicted of certain crimes
under Philippine courts
B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons
1. Convicted of offense punishable with death
penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed)
does not exceed one year
3. Convicted of treason, conspiracy or proposal to
commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or
violated the terms of a conditional pardon
8. Persons already sentenced by final judgment at the
time this Act was approved (Dec. 5, 1933)
III. APPLICATION
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX
(IMPOSABLE)
1. Derive MAXIMUM term imposable by applying
rules for aggravating (AC) and ordinary mitigating
circumstances (MC) under Art. 64 and for complex
crimes under Art. 48
a. No AC or MC: Penalty PRESCRIBED medium
period
b. 1 AC, no MC: Penalty PRESCRIBED maximum
period
c. No AC, 1 MC: Penalty PRESCRIBED minimum
period
d. Several ACs and MCs: OFFSET then apply rules
to remainder
e. No AC, 2 or more MCs: Penalty NEXT LOWER
IN DEGREE TO THAT PRESCRIBED
f. If COMPLEX CRIME (2 or more grave or less
grave felonies OR one offense is a necessary
means for committing the other): Penalty for
the MOST SERIOUS CRIME maximum period
2. 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 the rule on deriving the minimum
term. Otherwise, the maximum of the ISL will end
up being lower than the minimum of the ISL.
B. SPL: Min (at least that prescribed) to Max (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
J. IMPLEMENTING RULES AND
REGULATION ON PAROLE AND
PARDON – Nov. 26, 2002
Pursuant to the provisions of Section 4 of Act No. 4103,
"The Indeterminate Sentence Law", as amended, the
following Rules and Regulations are hereby promulgated to
govern the actions and proceedings of the Board of
Pardons and Parole:
I. GENERAL PROVISIONS
SEC. 1. Policy Objectives - Under the provisions of Act No.
4103, as amended, otherwise known as the "Indeterminate
Sentence Law", which was approved on December 5, 1933,
it is the function of the Board of Pardons and Parole to
uplift and redeem valuable human material to economic
usefulness and to prevent unnecessary and excessive
deprivation of personal liberty by way of parole or through
executive clemency. Towards this end, the Board
undertakes the following:
1. Looks into the physical, mental and moral records
of prisoners who are eligible for parole or any form
of executive clemency and determines the proper
time of release of such prisoners on parole;
2. Assists in the full rehabilitation of individuals on
parole or those under conditional pardon with
parole conditions, by way of parole supervision;
and,
3. Recommends to the President of the Philippines
the grant of any form of executive clemency to
prisoners other than those entitled to parole.
SEC. 2. Definition of Terms - As used in these Rules, unless
the context indicates otherwise-
e. "Board" refers to the Board of Pardons and Parole;
f. "Executive Director" refers to the Executive
Director/Secretary of the Board;
g. "Administration" refers to the Parole and
Probation Administration;
a. "Administrator" refers to the Administrator of the
Parole and Probation Administration;
b. "Regional Director" refers to the Head of the
Parole and Probation Administration in the region;
c. "Probation and Parole Officer" refers to the
Probation and Parole Officer undertaking the
supervision of the client;
d. "Director" refers to the Director of the Bureau of
Corrections;
e. "Penal Superintendent" refers to the Officer-In-
Charge of the New Bilibid Prison, the Correctional
Institution for Women and the prison and penal
farms of the Bureau of Corrections;
f. "Warden"refers to the Officer-In-Charge of the
Provincial, City, Municipal or District Jail;
g. "Carpeta" refers to the institutional record of an
inmate which consists of his mittimus or
commitment order issued by the Court after
conviction, the prosecutor's information and the
decisions of the trial court and the appellate court,
if any; certificate of non-appeal, certificate of
detention and other pertinent documents of the
case;
h. "Prison Record" refers to information concerning
an inmate's personal circumstances, the offense he
committed, the sentence imposed, the criminal
case number in the trial and appellate courts, the
date he commenced serving his sentence, the date
he was received for confinement, the place of
confinement, the date of expiration of the
sentence, the number of previous convictions, if
any, and his behavior or conduct while in prison;
i. "Parole" refers to the conditional release of an
offender from a correctional institution after he
has served the minimum of his prison sentence;
j. "Executive Clemency" refers to Reprieve, Absolute
Pardon, Conditional Pardon with or without Parole
Conditions and Commutation of Sentence as may
be granted by the President of the Philippines;
k. "Reprieve" refers to the deferment of the
implementation of the sentence for an interval of
time; it does not annul the sentence but merely
postpones or suspends its execution;
l. "Commutation of Sentence" refers to the
reduction of the duration of a prison sentence of a
prisoner;
m. "Conditional Pardon" refers to the exemption of
an individual, within certain limits or conditions,
from the punishment which the law inflicts for the
offense he had committed resulting in the partial
extinction of his criminal liability;
n. "Absolute Pardon" refers to the total extinction of
the criminal liability of the individual to whom it is
granted without any condition. It restores to the
individual his civil and political rights and remits the
penalty imposed for the particular offense of which
he was convicted;
o. "Petitioner" refers to the prisoner who applies for
the grant of executive clemency or parole;
p. "Parolee" refers to a prisoner who is released on
parole;
q. "Pardonee" refers to a prisoner who is released on
conditional pardon;
r. "Client" refers to a parolee/pardonee who is placed
under supervision of a Probation and Parole
Officer;
s. "Release Document" refers to the Conditional
Pardon/Absolute Pardon issued by the President of
the Philippines to a prisoner or to the "Discharge
on Parole" issued by the Board;
t. "Parole Supervision" refers to the
supervision/surveillance by a Probation and Parole
Officer of a parolee/pardonee;
u. "Summary Report" refers to the final report
submitted by the Probation and Parole Officer on
his supervision of a parolee/pardonee as basis for
the latter's final release and discharge;
 v. "Progress Report" refers to the report submitted
by the Probation and Parole Officer on the conduct
of the parolee/pardonee while under supervision;
w. "Infraction Report" refers to the report submitted
by the Probation and Parole Officer on violations
committed by a parolee/pardonee of the
conditions of his release on parole or conditional
pardon while under supervision.
SEC. 3. National Prisoner Confined in a Local Jail - The
Board may not consider the release on pardon/parole of a
national prisoner who is serving sentence in a municipal,
city, district or provincial jail unless the confinement in said
jail is in good faith or due to circumstances beyond the
prisoner's control.
A national prisoner, for purposes of these rules, is
one who is sentenced to a maximum term of imprisonment
of more than three (3) years or to a fine of more than five
thousand pesos (Php. 5,000); 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.
IS NATIONAL PRISONER CONFINED IN A
LOCAL JAIL CAN BE RELEASE ON PARDON/PAROLE?
No, unless his confinement in said jail is in good
faith or due to circumstances beyond the prisoner's
control.
WHO ARE NATIONAL PRISONERS UNDER THE
RULES?
The following are the National Prisoners:
1. Those 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 (Php. 5,000);
2. Those who SENTENCED FOR
VIOLATION OF THE CUSTOMS LAW
OR OTHER LAWS WITHIN THE
JURISDICTION OF THE BUREAU OF
CUSTOMS or enforceable by it,
regardless of the length of sentence
imposed by the Court; and
3. Those one sentenced to serve two (2)
or more prison sentences in the
aggregate exceeding the period of
three (3) years.
SEC. 4. Scope of Authority - The Board may consider the
case of a prisoner for executive clemency or parole only
after his case has become final and executory. It will not
take action on the petition of a prisoner who has a pending
criminal case in court or when his case is on appeal.
In case the prisoner has one or more co-accused who had
been convicted, the Director/Warden concerned shall
forward their prison records and carpetas at the same time.
II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE
SEC. 5. Filing of Petition - A formal petition for executive
clemency addressed as follows shall be submitted to the
Board before the question of said clemency will be
considered:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
Petitions for parole shall be addressed to the Chairman or
to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases for
parole, commutation of sentence or conditional pardon of
deserving prisoners whenever the interest of justice will be
served thereby.
SEC. 6. Contents of Petition - A petition for
parole/executive clemency shall state the name of the
prisoner, his age, previous criminal record, if any, whether a
Filipino citizen or an alien and, if a naturalized Filipino, his
former nationality and date of naturalization, his previous
occupation, place of residence, present crime for which he
was convicted, the trial/appellate court, his penalty of
imprisonment, fine, indemnity and the commencing date
thereof, the jail or prison to which he was committed
and/or where he is presently confined, the date he was
received for confinement, the grounds upon which
executive clemency is being asked and certification from
the trial court that his case is not on appeal.
In addition to the above-mentioned data, a petition for
absolute pardon shall be under oath and shall include the
date the petitioner was released from prison after service
of sentence or released on parole/pardon or terminated
from probation.
SEC. 7. Supporting Documents of Petition for Absolute
Pardon - The petition for absolute pardon shall be
accompanied by -
a. the affidavits of at least two (2) responsible
members of the community where the petitioner
resides. The affidavits shall, among others, state
that the petitioner has conducted himself in a
moral and law-abiding manner since his release
from prison and shall indicate the petitioner's
occupation and his social activities including
religious involvement;
 b. the clearances from the National Bureau of
Investigation, the Philippine National Police, the
Prosecutor's Office, the Municipal Circuit Trial
Court, the Municipal Trial Court, the Municipal Trial
Court in Cities, the Metropolitan Trial Court and the
Regional Trial Court where petitioner resides;
c. proof of payment of indemnity and/or fine, or in
lieu thereof, certification from the City/Municipal
Treasurer or Probation and Parole Officer on his
financial condition; and,
d. proof of service of sentence or certificate of Final
Release and Discharge or court's Termination
Order of probation.
SEC. 8. Referral of Petition for Absolute Pardon to a
Probation and Parole Officer - Upon receipt of a petition
for absolute pardon, the Board shall refer the petition to a
Probation and Parole Officer who shall conduct an
investigation on the conduct and activities, as well as the
social and economic conditions, of the petitioner prior to
his conviction and since his release from prison and submit
a report thereof within fifteen (15) days from receipt of the
referral.
SEC. 9. Referral of Petition for Executive Clemency/Parole
to Other Government Agencies - A petition for executive
clemency shall be referred by the Board to the Secretary of
National Defense for comment and recommendation if the
crime committed by the petitioner is against national
security or public order or law of nations. In case of
violation of election laws, rules and regulations, a petition
for executive clemency/parole shall be referred to the
Commission on Elections for favorable recommendation,
provided, however, that regardless of the crime
committed, a petition for executive clemency/parole may
be referred for a pre-parole/executive clemency
investigation to a Probation and Parole Officer who shall
submit a report on the behaviour, character antecedents,
mental and physical condition of the petitioner within thirty
(30) days from receipt of referral, to include the results of
the National Bureau of Investigation records check.
In case of an alien, the petition shall be referred to the
Department of Foreign Affairs for comment and
recommendation.
III. EXECUTIVE CLEMENCY
SEC. 10. Review of Cases for Executive Clemency - Petitions
for executive clemency may be reviewed if the prisoners
meet the following minimum requirements :
A. For Commutation of Sentence -
1. The prisoner shall have served at least
one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or
the aggregate minimum of his
indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners
sentenced to reclusion perpetua or life
imprisonment for crimes or offenses
committed before January 1, 1994.
3. At least twelve (12) years for prisoners
whose sentences were adjusted to a
definite prison term of forty (40) years in
accordance with the provisions of article
70 of the revised penal code, as amended.
4. At least fifteen (15) years for prisoners
convicted of heinous crimes as defined in
republic act no. 7659 and other special
laws committed on or after January 1,
1994 and sentenced to one or more
reclusion perpetua or life imprisonment
5. At least twenty (20) years in case of one
(1) or more death penalty/penalties, which
was/were automatically reduced or
commuted to one (1) or more reclusion
perpetua or life imprisonment;
B. For Conditional Pardon, the prisoner shall have
served at least one-half (1/2) of the minimum of his
original indeterminate and/or definite sentence.
However, in the case of a prisoner who is
convicted of a heinous crime as defined in Republic
Act No. 7659 and other special laws, he shall have
served at least one-half (1/2) of the maximum of his
original indeterminate sentence before his case
may be reviewed for conditional pardon.
C. For Absolute Pardon, after he has served his
maximum sentence or granted final release and
discharge or court termination of probation.
However, the Board may consider a petition for
absolute pardon even before the grant of final
release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when
the petitioner: (1) is seeking an appointive/elective
public position or reinstatement in the government
service; (2) needs medical treatment abroad which
is not available locally; (3) will take any
government examination; or (4) is emigrating.
SEC. 11. Prisoners not Eligible for Executive Clemency -
Prisoners who escaped or evaded service of sentence are
not eligible for executive clemency for a period of one (1)
year from the date of their last recommitment to prison or
conviction for evasion of service of sentence.
SEC. 12. Transmittal of Carpeta and Prison Record - In
executive clemency/parole cases, the Director or Warden
concerned shall forward the prison record and carpeta of a
petitioner at least one (1) month prior to the eligibility for
review as specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the
Board and the Administration on or before the fifth day of
every month, a list of prisoners whose minimum sentences
will expire within ninety (90) days and those who may be
considered for executive clemency.
IV. PAROLE
SEC. 13. Review of Cases for Parole - Unless otherwise
disqualified under Section l5 of these Rules, a case for
parole of a prisoner shall be reviewed upon a showing that
he is confined in prison or jail to serve an indeterminate
sentence, the maximum period of which exceeds one (1)
year, pursuant to a final judgment of conviction and that he
has served the minimum period of said sentence.
SEC. 14. Grant of Parole - A prisoner may be granted parole
whenever the Board finds that there is a reasonable
probability that if released, he will be law-abiding and that
his release will not be incompatible with the interest and
welfare of society.
SEC. 15. Disqualification for Parole - The following prisoners
shall not be granted parole:
a. Those convicted of an offense punished with Death
penalty, Reclusion Perpetua or Life imprisonment;
b. Those convicted of treason, conspiracy or proposal
to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion,
sedition or coup d'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 falsification, are found guilty of
any of said crimes a third time or oftener;
f. Those who escaped from confinement or evaded
sentence;
g. Those who were granted Conditional Pardon and
violated any of the terms thereof;
h. Those whose maximum term of imprisonment
does not exceed one (1) year or those with definite
sentence;
i. Those suffering from any mental disorder as
certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
SEC. 16. Deferment of Parole When Safety of
Prisoner/Victim/Relatives of Victim/Witness Compromised
- If, based on the Pre-Parole Investigation Report
conducted on the prisoner, there is a clear and convincing
evidence that his release on parole will endanger his own
life and those of his relatives or the life, safety and well-
being of the victim, his relatives, his witnesses and the
community, the release of the prisoner shall be deferred
until the danger ceases.
V. PROCEEDINGS OF THE BOARD
SEC. 17. Interview of Prisoners - Any Board member or
government official authorized by the Board may interview
prisoners confined in prison or jail to determine whether or
not they may be released on parole or recommended for
executive clemency.
The Board or its authorized representatives shall interview
an inmate who was sentenced to Reclusion Perpetua or
Life imprisonment, or whose sentence had been commuted
from Death to Reclusion Perpetua.
Before an interview, the Board may require a prisoner
convicted of a heinous crime as defined under Republic Act
No. 7659 and other special laws to undergo
psychological/psychiatric examination if the prisoner has a
history of mental instability, or in any case, if the Board
finds a need for such examination in the light of the nature
of the offense committed or manner of its commission.
SEC. 18. Publication of those Eligible for Executive
Clemency/Parole - The Board shall cause the publication in a
newspaper of general circulation the names of prisoners
convicted of heinous crimes or those sentenced by final
judgment to Reclusion Perpetua or Life imprisonment, who
may be considered for release on parole or for
recommendation for absolute or conditional pardon.
SEC. 19. Objections to Petitions - When an objection is filed,
the Board may consider the same by requesting the person
objecting to attach thereto evidence in support thereof. In
no case, however, shall an objection disqualify from
executive clemency/parole the prisoner against whom the
objection is filed.
SEC. 20. Documents to be Considered - The carpeta and
prison record of the prisoner and other relevant
documents, such as the mittimus or commitment order,
prosecutor's information and trial/appellate court's
decision of the case of the prisoner shall be considered by
the Board in deciding whether or not to recommend
executive clemency or to grant parole.
In case the prisoner has one or more co-accused who had
been convicted, the Board shall consider at the same time
the prison records and carpetas of said co-accused.
SEC. 21. Factors to be Considered in Petition for
Conditional Pardon, Commutation of Sentence or Parole -
The following factors may be considered by the Board in
the grant of conditional pardon, commutation of sentence
or parole:
a. the age of the petitioner, the gravity of the offense
and the manner in which it was committed, and
the institutional behavior or conduct and previous
criminal record, if any;
 b. evidence that petitioner will be legitimately
employed upon release;
c. a showing that the petitioner has a place where he
will reside;
d. availability of after-care services for the petitioner
who is old, seriously ill or suffering from a physical
disability;
e. attitude towards the offense and the degree of
remorse; and,
f. the risk to other persons, including the victim, his
witnesses, his family and friends, or the community
in general, the possibility of retaliation by the
victim, his family and friends.
SEC. 22. Special Factors - The Board may give special
consideration to the recommendation for commutation of
sentence or conditional pardon whenever any of the
following circumstances are present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is blind
or similar disabilities;
d. serious illness and other life-threatening disease as
certified by a government physician;
e. those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;
f. alien prisoners where diplomatic considerations
and amity between nations necessitate review;
g. circumstances which show that his continued
imprisonment will be inhuman or will pose a grave
danger to the life of the prisoner or his co-inmates;
and,
h. such other similar or analogous circumstances
whenever the interest of justice will be served
thereby.
FACTORS THAT THE PAROLE BOARD CONSIDERS FOR
ELIGIBILITY
A common misconception is that just because a
convict is eligible for parole, he will be automatically
released and paroled into the community. Equally, just
because the convict has served enough of his jail term
does not mean he will be released without review.
Neither are accurate. The fact of the matter is that some
inmates (e.g., Charles Manson) are never found suitable
for parole and will serve the rest of their term inside the
prison walls.
Public safety and assisting the offender in
reintegrating into the community are the most
important considerations in any parole decision. Is the
inmate willing and ready to re-enter the community as a
law-abiding citizen and contribute to a safer society? Can
the inmate’s release back into society harm the general
public? All relevant information is considered.
The parole board in its decision-making process will
consider the following information and criteria about the
inmate:
1. age,
2. mental stability,
3. marital status,
4. education or vocational training,
5. remorse for the offense,
6. time served on the current offense,
7. prior criminal history,
8. type and severity of offense,
9. behavior, habits, traits,
10. rehabilitative efforts/progress, and
11. conduct during incarceration.
SEC. 23. Meetings - The Board shall meet in executive
session regularly or upon the call of the Chairman.
SEC. 24. Quorum - A majority of all the members of the
Board shall constitute a quorum.
SEC. 25. Board Action - A majority of the members of the
Board, constituting a quorum, shall be necessary to
recommend the grant of executive clemency or to grant
parole; to modify any of the terms and conditions
appearing in a Release Document; to order the arrest and
recommitment of a parolee/pardonee; and to issue
certificate of Final Release and Discharge to a
parolee/pardonee.
The minutes of the meeting of the Board shall show the
votes of its individual members and the reason or reasons
for voting against any matter presented for the approval of
the Board. Any dissent from the majority opinion to grant
or deny parole shall be reduced in writing and shall form
part of the records of the proceedings.
SEC. 26. Executive Clemency/Parole of An Alien - The Board
may recommend the grant of executive clemency or grant
parole to a prisoner who is an alien. In such a case, the alien
who is released on parole or pardon shall be referred to the
Bureau of Immigration for disposition, documentation and
appropriate action.
VI. PAROLE SUPERVISION
SEC. 27. Parole Supervision - After release from
confinement, a client shall be placed under the supervision
of a Probation and Parole Officer so that the former may be
guided and assisted towards rehabilitation.
The period of parole supervision shall extend up to the
expiration of the maximum sentence which should appear
in the Release Document, subject to the provisions of
Section 6 of Act No. 4103 with respect to the early grant of
Final Release and Discharge.
SEC. 28. Form of Release Document - The form of the
Release Document shall be prescribed by the Board and
shall contain the latest l"x1" photograph and right
thumbprint of the prisoner.
SEC. 29. Transmittal of Release Document - The Board shall
send a copy of the Release Document to the prisoner
named therein through the Director of Corrections or
Warden of the jail where he is confined who shall send a
certification of the actual date of release of prisoner to the
Probation and Parole Officer.
SEC. 30. Initial Report - Within the period prescribed in his
Release Document, the prisoner shall present himself to the
Probation and Parole Officer specified in the Release
Document for supervision.
If within forty five (45) days from the date of release from
prison or jail, the parolee/pardonee concerned still fails to
report, the Probation and Parole Officer shall inform the
Board of such failure, for appropriate action.
SEC. 31. Arrival Report - The Probation and Parole Officer
concerned shall inform the Board thru the Technical
Service, Parole and Probation Administration the date the
client reported for supervision not later than fifteen (15)
working days therefrom.
SEC. 32. Mandatory Conditions of Supervision - It shall be
mandatory for a client to comply with the terms and
conditions appearing in the release document.
SEC. 33. Review and Modification of Conditions - The Board
may, upon the recommendation of the Probation and
Parole Officer, revise or modify the terms and conditions
appearing in the Release Document.
SEC. 34. Transfer of Residence - A client may not transfer
from the place of residence designated in his Release
Document without the prior written approval of the
Regional Director subject to the confirmation by the Board.
SEC. 35. Outside Travel - A Chief Probation and Parole
Officer may authorize a client to travel outside his area of
operational jurisdiction for a period of not more than thirty
(30) days. A travel for more than 30 days shall be approved
by the Regional Director.
SEC. 36. Travel Abroad and/or Work Abroad - Any parolee
or pardonee under active supervision/surveillance who has
no pending criminal case in any court may apply for
overseas work or travel abroad. However, such application
for travel abroad shall be approved by the Administrator
and confirmed by the Board.
SEC. 37. Death of Client - If a client dies during supervision,
the Probation and Parole Officer shall immediately transmit
a certified true copy of the client's death certificate to the
Board recommending the closing of the case. However, in
the absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay
chairman or any authorized officer or any immediate
relative where the client resided, shall suffice.
VII. INFRACTION/VIOLATION OF THE TERMS AND
CONDITIONS OF THE RELEASE DOCUMENT
SEC. 38. Progress Report - When a parolee/pardonee
commits another offense during the period of his parole
surveillance, and the case filed against him has not yet been
decided by the court, a Progress Report should be
submitted by the Probation and Parole Officer to the Board.
SEC. 39. Report of Parole Infraction/Violation - Any
violation of the terms and conditions appearing in his
Release Document or any serious deviation or non-
observance of the obligations set forth in the parole
supervision program shall be immediately reported by his
Probation and Parole Officer to the Board. The report shall
be called Infraction Report when the client has been
subsequently convicted of another crime.
SEC. 40. Arrest of Client - Upon receipt of an Infraction
Report, the Board may order the arrest or recommitment
of the client.
SEC. 41. Effect of Recommitment of Client - The client who
is recommitted to prison by the Board shall be made to
serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.
SEC. 42. Cancellation of Pardon/Parole - The Board may
recommend the cancellation of the pardon or cancel the
grant of parole of a client if it finds that material
information given by said client to the Board, either before
or after release, was false, or incomplete or that the client
had willfully or maliciously concealed material information
from the Board.
SEC. 43. Review of Case of Recommitted Parolee - The
Board may consider the case of a recommitted parolee for
the grant of a new parole after the latter shall have served
one-fourth (1/4) of the unserved portion of his maximum
sentence.
VIII. TERMINATION OF PAROLE AND CONDITIONAL
PARDON SUPERVISION
SEC. 44. Certificate of Final Release and Discharge - After
the expiration of the maximum sentence of a client, the
Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has
substantially complied with all the conditions of his
parole/pardon, issue a certificate of Final Release and
Discharge to a parolee or pardonee. However, even before
the expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer,
the Board may issue a certificate of Final Release and
Discharge to a parolee/pardonee pursuant to the provisions
of Section 6 of Act No. 4103, as amended.
The clearances from the police, court, prosecutor's office
and barangay officials shall be attached to the Summary
Report.

Sec. 45. Effect of Certificate of Final Release and Discharge

- Upon the issuance of a certificate of Final Release and
Discharge, the parolee/pardonee shall be finally released
and discharged from the conditions appearing in his release
document. However, the accessory penalties of the law
which have not been expressly remitted therein shall
subsist.

SEC. 46. Transmittal of Certificate of Final Release and

Discharge - The Board shall forward a certified true copy of
the certificate of Final Release and Discharge to the Court
which sentenced the released client, the Probation and
Parole Officer who has supervision over him, the client, the
Bureau of Corrections, the National Bureau of
Investigation, the Philippine National Police and the Office
of the President.

IX. REPEALING AND EFFECTIVITY CLAUSES

SEC. 47. Repealing Clause - All existing rules, regulations

and resolutions of the Board which are inconsistent with
these Rules are hereby repealed or amended accordingly.

SEC. 48. Effectivity Clause - These Rules shall take effect

upon approval by the Secretary of Justice and fifteen (l5)
days after its publication in a newspaper of general
circulation.

CHAPTER IX
EXECUTIVE CLEMENCY

CHAPTER’S CONTENTS 1. define and understand the nature of Executive

1. Executive Clemency Clemency;
2. Pardon 2. define and understand the concept of the
3. Amnesty following executive clemencies:
4. Reprieved a. pardon ;
5. Commutation of Sentence b. amnesty ;
c. reprieved; and
SPECIFIC OBJECTIVE d. commutation of sentence;
At the end of this chapter the students should be able 3. identify the limitations of the pardoning power
to: of the president;
 4. differentiates pardon to amnesty;
5. discuss how executive clemencies are granted.
EXECUTIVE CLEMENCY
WHAT IS EXECUTIVE CLEMENCY?
It shall refer to Absolute Pardon, Conditional Pardon
with or without Parole conditions and Commutation of
Sentence as may be granted by the President of the
Philippines upon the recommendation of the Board of
Pardon and Parole.
It is an act of mercy or leniency from certain
consequences of a criminal conviction, and is exercised by
the President after receipt of a recommendation from the
BPP.
Executive Clemency under the criminal justice system is
the act by an executive member of government of
extending mercy to a convicted individual. In the United
States, clemency is granted by a governor for state crimes
and by a president for federal crimes. Clemency can take
one of four forms: a reprieve, a commutation of sentence, a
pardon and amnesty.
CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as
otherwise provided in this Constitution, the
President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
2. Section 5, Article IX (Constitutional Commissions-
The Commission on Elections)
No pardon, amnesty, parole, or suspension of
sentence for violation of election rules, and
regulations shall be granted by the President
without a favorable recommendation of the
Commission.
WHO WILL GRANT EXECUTIVE CLEMECY?
It is exercise by the President.
Upon the recommendation of the Board of Pardons
and Parole, s/he can grant pardons, commute sentences, or
defer the implementation of sentences.
EXECUTIVE CLEMENCY BASICS
1. It is discretionary;
2. It may not be controlled by the legislature or
reversed by the courts unless there is violation of
the Constitution; and
3. Executive Clemency must often be requested by
application or petition before it is granted. In most
jurisdictions, these applications first must be filed
with a reviewing agency such as the state board of
pardon and parole before being seen by the
appropriate government head.
WHY IT IS EXTENDED
In general, Executive Clemency is often extended for
humanitarian reasons, such as to an aged and ill inmate
who needs specialized medical care. Inmates who suffer
from serious, contagious, or life threatening illness or
disease and those prisoners with severe disability can now
be recommended for executive clemency.
The condition of the inmate should be certified “under
oath” by a physician of the Bureau of Corrections Hospital
and likewise certified under oath by a physician designated
by the Department of Health (DOH
It is also extended in the following instances:
3. When there is real doubt about the guilt of the
party.
4. When the sentence given is Apparently excessive
5. When the party is a political or personal friend of
the President.
6. To clear the record of some who has demonstrated
rehabilitation or public service.
FACTORS TO BE CONSIDERED IN PETITION FOR
CONDITIONAL PARDON, COMMUTATION OF SENTENCE OR
PAROLE - The following factors may be considered by the
Board in the grant of conditional pardon, commutation of
sentence or parole:
a. the age of the petitioner, the gravity of the offense
and the manner in which it was committed, and
the institutional behavior or conduct and previous
criminal record, if any;
b. evidence that petitioner will be legitimately
employed upon release;
c. a showing that the petitioner has a place where he
will reside;
d. availability of after-care services for the petitioner
who is old, seriously ill or suffering from a physical
disability;
e. attitude towards the offense and the degree of
remorse; and,
f. the risk to other persons, including the victim, his
witnesses, his family and friends, or the community
in general, the possibility of retaliation by the
victim, his family and friends.
SPECIAL CONSIDERATION TO THE RECOMMENDATION
FOR COMMUTATION OF SENTENCE OR CONDITIONAL
PARDON
 1. youthful offenders;
2. prisoners who are sixty (60) years old and above;
3. physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is blind
or similar disabilities;
4. serious illness and other life-threatening disease as
certified by a government physician;
5. those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;
6. alien prisoners where diplomatic considerations
and amity between nations necessitate review;
7. circumstances which show that his continued
imprisonment will be inhuman or will pose a grave
danger to the life of the prisoner or his co-inmates;
and,
8. such other similar or analogous circumstances
whenever the interest of justice will be served
thereby.
FILING OF PETITION
A formal petition for executive clemency addressed as
follows shall be submitted to the Board before the question
of said clemency will be considered:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
Petitions for parole shall be addressed to the Chairman
or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases
for parole, commutation of sentence or conditional pardon
of deserving prisoners whenever the interest of justice will
be served thereby.
CONTENTS OF PETITION
1. Name of the prisoner
2. Age
3. Previous criminal record
4. Whether a Filipino citizen or an alien and, if a
naturalized Filipino, his former nationality and date
of naturalization,
5. Previous occupation
6. Place of residence
7. Present crime for which he was convicted,
8. Trial/Appellate court,
9. His penalty of imprisonment, fine, indemnity and
the commencing date thereof
10. Jail or prison to which he was committed and/or
where he is presently confined
11. Date he was received for confinement
12. Grounds upon which executive clemency is being
asked and certification from the trial court that his
case is not on appeal.
NOTA BENE: A petition for absolute pardon shall be
under oath and shall include the date the petitioner
was released from prison after service of sentence or
released on parole/pardon or terminated from
probation.
REFERRAL OF PETITION FOR EXECUTIVE
CLEMENCY/PAROLE TO OTHER GOVERNMENT AGENCIES
a. Secretary of National Defense - If the crime
committed by the petitioner is against national
security or public order or law of nations.
b. Commission on Elections - In case of violation of
election laws, rules and regulations.
c. Department of Foreign Affairs - In case of an alien.
PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY
Prisoners who escaped or evaded service of sentence
are not eligible for executive clemency for a period of one
(1) year from the date of their last recommitment to prison
or conviction for evasion of service of sentence.
TRANSMITTAL OF CARPETA AND PRISON RECORD
In executive clemency/parole cases, the Director or
Warden concerned shall forward the prison record and
carpeta of a petitioner at least one (1) month prior to the
eligibility for review as specified in Sections 10 and 13 of
these Rules.
The Director or Warden concerned shall also furnish
the Board and the Administration on or before the fifth day
of every month, a list of prisoners whose minimum
sentences will expire within ninety (90) days and those who
may be considered for executive clemency.
EXCERPTS FROM THE AMENDED GUIDELINES FOR
RECOMMENDING EXECUTIVE CLEMENCY, REVISED
MANUAL, BOARD OF PARDONS AND PAROLE (2006)
SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE
CLEMENCY
The Board [of Pardons and Parole] may consider cases
for executive clemency upon petition, or referral by the
Office of the President, or motu proprio.
SECTION 3. EXTRAORDINARY CIRCUMSTANCES
The Board shall recommend to the President the grant of
executive clemency when the following extraordinary
circumstances are present such that a strict application of
the law will result in manifest injustice:
1. The trial court or appellate court in its decision
recommended the grant of executive clemency for
the prisoner;
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. Prisoners who were over nine (9) years old but
under eighteen (18) years of age at the time of the
commission of the offense;
5. Prisoners who are (70) years old and above who
have served at least five (5) years of their sentence
or those whose continued imprisonment is inimical
to their health as recommended by a physician
designated by the Department of Health or
designated by the Malacañang Clinic Director;
6. Prisoners who suffer from serious and life-
threatening illness/disease or 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 by a physician designated by the
Department of Health or designated by the
Malacañang Clinic Director;
7. Alien prisoners where diplomatic considerations
and amity among nations necessitate review;
8. Such other similar or analogous circumstances
whenever the interest of justice will be served
thereby.
SECTION 4. OTHER CIRCUMSTANCES
When none of the extraordinary circumstances exist,
the Board may nonetheless review and/or recommend to
the President the grant of executive clemency to a prisoner
upon any of the following grounds:
1. When he is suffering from severe physical disability
as when he is a deaf-mute, a leper, a cripple, or is
partially blind, etc., as recommended by a physician
of the Bureau of Corrections Hospital and certified
by a physician designated by the Department of
Health or designated by the Malacañang Clinic
Director;
3. When he is suffering from serious illness as
recommended by a physician of the Bureau of
Corrections Hospital and certified by a physician
designated by the Department of Health or
designated by the Malacañang Clinic Director;
4. Such other circumstances whenever the interest of
justice will be served thereby.
Provided, that a petition for executive clemency under
this section may be reviewed only if the petitioner meets
the following minimum requirements:
SECTION 5. EXCEPTIONS
Even with the existence of any of the circumstances
enumerated in Sections 3 and 4, the Board shall not
favorably recommend petitions for executive clemency of
the following prisoners:
1. Those convicted of Evasion of Service of Sentence;
2. Those who violated the conditions of their
Conditional Pardon;
3. Those who are habitual delinquents or recidivists;
4. Those convicted of Kidnapping for Ransom;
5. Those convicted of violation of Republic Act No.
6425, as amended, otherwise known as "The
Dangerous Drugs Act of 1972", or Republic Act
9165, also known as the Dangerous Durgs act of
2002", and other drug related offenses except
those convicted only of use and/or possession of
prohibited or regulated drugs;
6. Those convicted of offenses committed under the
influence of drugs;
7. Those whose release from prison would pose a
threat to the public safety or would constitute a
danger to society; and
8. Those suffering from dementia or insanity.
Above notwithstanding, in view of diplomatic
considerations and upon recommendation of the
Department of Foreign Affairs, the grant of executive
clemency may be availed by a foreign prisoner or alien
serving a prison sentence in the Philippines, as an
opportunity for securing the release of Filipino
convicts, if any in the country of the convicted
foreigner or alien.
PARDON
WHAT IS PARDON?
It is a form of executive clemency granted by the
President of the Philippines as a privilege to a convict as a
discretionary act of grace.
A pardon is the remission of a penalty. It is an act of
grace or forgiveness that relieves the person pardoned
from some or all of the ramifications of lawful punishment.
A pardon may be conditional or unconditional. Pardons do
not erase or seal a conviction; a pardon forgives guilt. It
vested to the Chief Executive (The President) as a matter of
power.
Pardon is “an act of grace, proceeding from the power
entrusted with the execution of the laws, which exempts
the individual, on whom it is bestowed, from the
punishment the law inflicts for a crime he has committed. It
is the private, though official act of the executive
magistrate, delivered to the individual for whose benefit it
is intended, and not communicated officially to the Court. A
pardon is a deed, to the validity of which delivery is
essential, and delivery is not complete without
acceptance.”
Neither the legislative nor the judiciary branch of the
government has the power to set conditions or establish
procedures for the exercise of this Presidential prerogative.
 When a pardon is granted, the convicted offender is
forgiven the crime and its penalty. A head of state or
government generally grants it when the convicted
individual has fulfilled his or her debt to society or is
somehow otherwise worthy of being forgiven the crime. A
pardon does not erase the conviction, but it can in some
jurisdictions remove some of the disqualifications caused
by it.
ABOUT PARDON
1. It is the remission of a penalty.
2. It is an act of grace.
3. It is may be conditional or unconditional.
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its
penalty.
6. It is vested to the Chief Executive.
7. It is the private act but official act of the president.
8. It is not communicated officially to the Court.
9. It is a deed, to the validity of which delivery is
essential, and delivery is not complete without
acceptance.
10. Neither the legislative nor the judiciary branch of
the government has the power to set conditions or
establish procedures for the exercise of this
Presidential prerogative.
TWO TYPES OF PARDON
1. Absolute Pardon-It 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.
PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.
Absolute Pardon is also granted by a President
to an imprisoned president the incumbent has
deposed.
Absolute Pardon 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 the grant of
Absolute Pardon.
2. Conditional Pardon-It refers to the exemption of
an individual, within certain limits or conditions;
from the punishment that the law inflicts for the
offenses 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.
PARDON DOES NOT EXTINGUISH CIVIL LIABILITIES &
IT IS PROSPECTIVE
MONSANTO VS. FACTORAN
G.R. NO. 78239 FEBRUARY 9, 1989
FACTS:
Monsanto was the Asst Treasurer of Calbayug
City. She was charged for the crime of Estafa through
Falsification of Public Documents. She was found
guilty and was sentenced to jail. She was however
granted pardon by Marcos. She then wrote a letter to
the Minister of Finance for her to be reinstated to her
former position since it was still vacant. She was also
requesting for back pays. The Minister of Finance
referred the issue to the Office of the President and
Factoran denied Monsanto’s request averring that
Monsanto must first seek appointment and that the
pardon does not reinstate her former position. Also,
Monsanto avers that by reason of the pardon, she
should no longer be compelled to answer for the civil
liabilities brought about by her acts.
ISSUE:
Whether or not Monsanto should be
reinstated to her former post.
HELD:
A pardon looks to the future. It is not
retrospective. It makes no amends for the past. It
affords no relief for what has been suffered by the
offender. It does not impose upon the government
any obligation to make reparation for what has been
suffered. “Since the offense has been established by
judicial proceedings, that which has been done or
suffered while they were in force is presumed to have
been rightfully done and justly suffered, and no
satisfaction for it can be required.” This would explain
why petitioner, though pardoned, cannot be entitled
to receive backpay for lost earnings and benefits. On
the other hand, civil liability arising from crime is
governed by the RPC. It subsists notwithstanding
service of sentence, or for any reason the sentence is
not served by pardon, amnesty or commutation of
sentence. Petitioner’s civil liability may only be
extinguished by the same causes recognized in the
Civil Code, namely: payment, loss of the thing due,
remission of the debt, merger of the rights of creditor
and debtor, compensation and novation.
 PARDON – RESTORATION OF CIVIL & POLITICAL RIGHTS
CRISTOBAL VS. LABRADOR
G.R. No. L-47941, December 7, 1940
FACTS:
Santos was convicted of the crime of estafa. He
was given pardon by the president but even prior to his
pardon he was already holding the position as the
municipality president of Malabon notwithstanding his
conviction. Cristobal, on the other hand, averred that
Santos should be excluded from the list of electors in
Malabon because he was already convicted of final
judgment “for any crime against property”. This is pursuant
to CA 357 of the New Election Code. The lower court
presided by Labrador ruled that Santos is exempt from the
provision of the law by virtue of the pardon restoring the
respondent to his “full civil and political rights, except that
with respect to the right to hold public office or
employment, he will be eligible for appointment only to
positions which are clerical or manual in nature and
involving no money or property responsibility.”
ISSUE:
Whether or not Santos should not be excluded as
an elector.
HELD:
It should be observed that there are two
limitations upon the exercise of this constitutional
prerogative by the Chief Executive, namely: (a) that the
power be exercised after conviction; and (b) that such
power does not extend cases of impeachment. Subject to
the limitations imposed by the Constitution, the pardoning
power cannot be restricted or controlled by legislative
action. It must remain where the sovereign authority has
placed it and must be exercised by the highest authority to
whom it is entrusted. An absolute pardon not only blots out
the crime committed, but removes all disabilities resulting
from the conviction. In the present case, the disability is the
result of conviction without which there would be no basis
for disqualification from voting. Imprisonment is not the
only punishment which the law imposes upon those who
violate its command. There are accessory and resultant
disabilities, and the pardoning power likewise extends to
such disabilities. When granted after the term of
imprisonment has expired, absolute pardon removes all
that is left of the consequences f conviction. In the present
case, while the pardon extended to respondent Santos is
conditional in the sense that “he will be eligible for
appointment only to positions which a e clerical or manual
in nature involving no money or property responsibility,” it
is absolute insofar as it “restores the respondent to full civil
and political rights. Upon other hand, the suggestion that
the disqualification imposed in par (b) of sec 94 of CA 357,
does not fall within the purview of the pardoning power of
the president, would lead to the impairment of the
pardoning power of the president, not contemplated in the
Constitution, and would lead furthermore to the result that
there would be no way of restoring the political privilege in
a case of this nature except through legislative action.
LIMITATIONS OF THE PARDONING POWER OF THE
PRESIDENT
The following are the limitations of the pardoning
power of the President:
a. It may not be exercised for offenses in
impeachment cases;
b. It may be exercised only after conviction by final
judgment except amnesty;
c. It may not be exercised over legislative or civil
contempt (as for refusing to answer a proper
question as a witness in a case);
d. In case of violation of election law or rules and
regulations without favorable recommendations of
the COMELEC;
e. It cannot be exercised to violation of tax laws.
f. It cannot absolve convict of civil liability
g. It cannot restore public offices forfeited.
NOTA BENE: The limitations provided under the
Constitution are: (1) No pardon may be granted
in impeachment cases; (2) No pardon may be granted when
otherwise provided under the Constitution, specifically Sec.
5, Article IX-C, which provides that “No pardon, amnesty,
parole or suspension of sentence for violation of elections
laws, rules, and regulations shall be granted by the
President without the favorable recommendation of the
[COMELEC]“; and (3) It may only be granted “after
conviction by final judgment”.
WHAT IS THE EFFECT OF PARDON?
While a pardon has generally been regarded as blotting
out the existence of guilt so that in the eye of the law the
offender is as innocent as though he never committed the
offense, it does not operate for all purposes. The very
essence of a pardon is forgiveness or remission of guilt.
Pardon implies guilt. It does not erase the fact of the
commission of the crime and the conviction thereof. It does
not wash out the moral stain. It involves forgiveness and
not forgetfulness.
The better considered cases regard full pardon (at least
one not based on the offender’s innocence) as relieving the
party from all the punitive consequences of his criminal act,
including the disqualifications or disabilities based on the
finding of guilt. But it relieves him from nothing more. “To
say, however, that the offender is a “new man”, and “as
innocent as if he had never committed the offense;” is to
ignore the difference between the crime and the criminal. A
person adjudged guilty of an offense is a convicted criminal,
though pardoned; he may be deserving of punishment,
though left unpunished; and the law may regard him as
more dangerous to society than one never found guilty of
crime, though it places no restraints upon him following his
conviction.”
A pardon looks to the future. It is not retrospective. It
makes no amends for the past. It affords no relief for what
has been suffered by the offender. It does not impose upon
the government any obligation to make reparation for
what has been suffered. “Since the offense has been
established by judicial proceedings, that which has been
done or suffered while they were in force is presumed to
have been rightfully done and justly suffered, and no
satisfaction for it can be required.”
WHAT IS THE CONSTITUTIONAL BASIS OF PARDON?
The power to pardon, which is a form of executive
clemency, is given to the President under Section 19, Article
VII of the Constitution. It reads: Except in cases
of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures,
after conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the members of the
Congress.
HOW IS PARDON DIFFERENT FROM PROBATION?
Probation and pardon are not the same. Probation is “a
disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the
court and to the supervision of a probation officer.”
Probation is a part of the judicial power, while pardon is a
part of the executive power. The suspension of the
sentence under probation simply postpones the judgment
of the court temporarily or indefinitely, but the conviction
and liability following it, and the civil disabilities, remain and
become operative when judgment is rendered.
PARDON – APPLICABLE TO ADMINISTRATIVE CASES
LLAMAS VS. ORBOS
G.R. NO. 99031, OCTOBER 15, 1991
FACTS:
Rodolfo Llamas is the incumbent Vice-
governor of Tarlac, and on March 1, 1991, he assumed
office by virtue of a decision of the Office of the
President, the governorship.
Mariano Ocampo III is the incumbent
governor and was suspended from office due to
having been found guilty of having violated the Anti-
Graft and Corrupt Practices Act. Oscar Orbos was the
Executive Secretary at the time of the petition, and is
being impleaded herein in that official capacity for
having issued, by authority of the President, the
assailed Resolution granting executive clemency to
Llamas thus, putting him back to his position as the
governor of tarlac. Petitioner contends that executive
clemency could only be granted to criminal cases and
not administrative cases; that there has been no final
judgement of the private respondent's motion for
reconsideration; and that his constitutional rights to
due process were violated.
ISSUE:
1. WON the president has the power to grant
executive clemency in administrative cases.
2. WON there has been a final judgment.
3. WON the petitioner's constitutional rights
were violated.
HELD:
1. Yes. The president can grant executive
clemency based in Art. VII sec. 19 of the
constitution. The petitioner's contention that
the president may only grant executive
clemency to criminal cases based on
said provision is untenable because the
Constitution does not distinguish between
cases executive clemency may be exercised by
the President, with the sole exclusion of
impeachment cases. Ubi lexnon distinguit,
necnos distinguire debemos. If the law does
not distinguish, we must not distinguish. Also
a number of laws impliedly or expressly
recognize the exercise of executive clemency
in administrative cases. One example of which
is Sec. 43 of PD 807 which provides that
in meritorious cases, the president may
commute or remove administrative penalties
or disabilities issued upon officers and
employees in disciplinary cases. Moreover, the
intent of the constitutional commission is to
give the president the power to
grant executive clemency and is not be limited
in terms of coverage, except as already
provided in the constitution.
Therefore SC held that pardon is
applicable to Administrative cases. The SC
does not clearly see any valid and convincing
reason why the President cannot grant
executive clemency in administrative cases. It
is a considered view that if the President can
grant reprieves, commutations and pardons,
and remit fines and forfeitures in criminal
cases, with much more reason can she grant
executive clemency in administrative cases,
 which are clearly less serious than criminal
offenses.
2. Yes. There has been a final judgment because
upon the acceptance of the presidential
pardon, the grantee is deemed to have waived
any appeal which he may have filed.
3. No. the petitioner's constitutional rights to
due process was not violated because his
being not notified of the subject of pardon is
based on the fact that pardon is the private,
though official, act of the executive
magistrate, delivered to the individual for
whose benefit it is intended and not
communicated officially to the court. Thus,
said notice is unnecessary
HOW IS PARDON DIFFERENT FROM COMMUTATION AND
REPRIEVE?
Commutation” is a remission of a part of the
punishment; a substitution of a less penalty for the one
originally imposed.
A “reprieve” or “respite” is the withholding of the
sentence for an interval of time, a postponement of
execution, a temporary suspension of execution.
AMNESTY
WHAT IS AMNESTY
A general pardon extended to a group of persons, such
a political offenders purposely to bring about the return of
dissidents to their home and to restore peace and order in
the community. It Is 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.
NOTA BENE: Amnesty can be availed of before, during and
after the trial of the case, even after conviction.
PEOPLE VS. PATRIARCA
G.R. NO. 135457. SEPTEMBER 29, 2000
FACTS:
That on or about the 30th day of June, 1987 at
about 10:00 o'clock in the evening in the Municipality
of Donsol, Province of Sorsogon, Philippines and
within the jurisdiction of this Honorable Court, the
above-named accused conspiring, confederating and
mutually helping one another, armed with guns,
forcibly took away ALFREDO AREVALO from his
residence and brought him to Sitio Abre, Mabini,
Donsol, Sorsogon, and did then and there willfully,
unlawfully and feloniously with intent to kill, with
treachery and evident premeditation, attack, assault
and shoot ALFREDO AREVALO thereby inflicting upon
him mortal wounds, which directly caused his death
to the damage and prejudice of his legal heirs.
Accused-appellant Jose Patriarca, Jr. appeals
the decision of the Regional Trial Court at Sorsogon,
Sorsogon, Branch 52, in Criminal Case No. 2773
convicting him of murder and sentencing him to
reclusion perpetua. He was also charged with Murder
for the killing of one Rudy de Borja and a certain Elmer
Cadag under Information’s docketed as Criminal Cases
Nos. 2665 and 2672, respectively.
Accused-appellant applied for amnesty under
Proclamation No. 724 amending Proclamation No.
347, dated March 25, 1994, entitled "Granting
Amnesty to Rebels, Insurgents, and All Other Persons
Who Have or May Have Committed Crimes Against
Public Order, Other Crimes Committed in Furtherance
of Political Ends, and Violations of the Article of War,
and Creating a National Amnesty Commission." His
application was favorably granted by the National
Amnesty Board.
ISSUE:
WON accused be granted an amnesty.
HELD:
This Court takes judicial notice of the grant of
amnesty upon accused-appellant Jose N. Patriarca, Jr.
Once granted, it is binding and effective. It serves to
put an end to the appeal.
Pardon is granted by the Chief Executive. It is
a private act, which must be pleaded and proved by
the person pardoned, because the courts take no
notice thereof; while amnesty by Proclamation of the
Chief Executive with the concurrence of Congress is a
public act of w/c the courts should take judicial notice.
Pardon is granted to one after conviction; while
amnesty is granted to classes of person or
communities who may be guilty of political offenses,
generally before or after the institution of the criminal
prosecution and sometimes after conviction. Pardon
looks forward and relieves the offender from the
consequences of an offense of which he has been
convicted, it abolishes or forgives the punishment
thus it does not work the restoration of the rights to
hold public office or right of suffrage unless such
rights be expressly restored by the 10 terms of the
pardon and it in no case exempts the culprit from the
payment of the civil indemnity imposed upon him by
the sentence (Article 36, Revised Penal Code). While
amnesty looks backward and abolishes and puts into
oblivion the offense itself, it so overlooks and
obliterates the offense with which he is charged that
the person released by amnesty stands before the law
precisely as though he had committed no offense."
DIFFERENCES BETWEEN AMNESTY AND PARDON
7. As to the number of those who can avail: Pardon
includes any crime and is exercised individually by the
Chief Executive, while amnesty is a blanket pardon
granted to a group of prisoners, generally political
prisoners.
8. As to the Time to Avail: Pardon is exercised when the
person is already convicted, while amnesty maybe
given before trial or investigation is done.
9. 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. While amnesty is by
proclamation with concurrence of congress, and it is a
public act, which the court should take judicial notice.
10. As to the Effect: Pardon is an act of forgiveness, i.e. it
relieves the offender from the consequences of the
offense, 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.
11. As to the Crime committed: Pardon is granted for
infractions of the peace of the State while amnesty, for
crimes against sovereignty of the state (ex. political
offense)
Amnesty Pardon
Granted for political Granted for any offense
offenses
Granted to classes of Granted to individuals
persons or communities
May be granted at any Granted after final
time conviction
Need not be accepted Must be accepted
Requires the concurrence Does not need the
of congress concurrence of congress
Public act which the court Private act which must be
may take judicial notice pleaded and proved by the
person pardoned
Looks backward and puts Looks forward and relieves
the offense into oblivion the offender from the
consequences of his
offense
ADMISSION OF GUILT
GAUDENCIO VERA VS. PEOPLE OF THE PHILIPPINES
AMNESTY – REVERSAL OF THE DOCTRINE HELD IN THE
BARRIOQUINTO CASE
FACTS:
Vera, together with 92 others were charged
for the crime of kidnapping with murder done against
a certain Lozaňes. The said crime was committed
allegedly to aid the Japanese occupation. During the
hearing, none of the petitioners-defendants admitted
having committed the crime charged. In fact,
Gaudencio Vera, the only defendant who took the
witness stand, instead of admitting the killing of the
deceased Lozañes, categorically denied it. Hence, the
Amnesty Commission held that it could not take
cognizance of the case, on the ground that the
benefits of the Amnesty Proclamation, could be
invoked only by defendants in a criminal case who,
admitting the commission of the crime, plead that
said commission was in pursuance of the resistance
movement and perpetrated against persons who
aided the enemy during the Japanese occupation.
Consequently, the Commission ordered that the case
be remanded to the court of origin for trial.
ISSUE:
Whether or not the accused can avail of
amnesty sans admission of guilt.
HELD:
It is rank inconsistency for appellant to justify
an act, or seek forgiveness for an act which, according
to him, he has not committed. Amnesty presupposes
the commission of a crime, and when an accused
maintains that he has not committed a crime, he
cannot have any use for amnesty. Where an amnesty
proclamation imposes certain conditions, as in this
case, it is incumbent upon the accused to prove the
existence of such conditions. The invocation of
amnesty is in the nature of a plea of confession and
avoidance, which means that the pleader admits the
allegations against him but disclaims liability therefore
on account of intervening facts which, if proved,
would bring the crime charged within the scope of the
amnesty proclamation. The present rule requires a
previous admission of guilt since a person would not
need the benefit of amnesty unless he was, to begin Section 1. Grant of Amnesty. – Amnesty is hereby granted
with, guilty of the offense covered by the to all persons who shall apply therefor and who have or
proclamation. may have committed crimes, on or before thirty (30) days
following the publication of this Proclamation in two (2)
newspapers of general circulation, in pursuit of political
beliefs, whether punishable under the Revised Penal Code
LAW ON AMNESTY
or special laws, including but not limited to the following:
rebellion or insurrection; coup d’etat; conspiracy and
PROCLAMATION NO. 347
proposal to commit rebellion, insurrection or coup d’etat;
GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL
disloyalty of public officers or employees; inciting to
OTHER PERSONS WHO HAVE OR MAY HAVE COMMITTED
rebellion or insurrection; sedition; conspiracy to commit
CRIMES AGAINST PUBLIC ORDER, OTHER CRIMES
sedition; inciting to sedition; illegal assembly; illegal
COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
association; direct assault; indirect assault; resistance and
VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A
disobedience to a person in authority or the agents of such
NATIONAL AMNESTY COMMISSION
person; tumults and other disturbances of public order;
unlawful use of means of publication and unlawful
WHEREAS, the peace process, as an anchor of political,
utterances; alarms and scandals; illegal possession of
economic and social stability and development, has steadily
firearms, ammunition or explosives, committed in
moved forward with the overwhelming acceptance and
furtherance of, incident to, or in connection with the crimes
support of the Filipino people;
of rebellion or insurrection and violations of Articles 59
WHEREAS, to enhance and hasten the peace process,
(desertion), 62 (absence without leave), 67 (mutiny or
there is a need to reintegrate, as soon as possible, all rebels
sedition), 68 (failure to suppress mutiny or sedition), 94
and insurgents into the mainstream of society under the
(various crimes), 96 (conduct unbecoming an officer and a
rule of law, including those who may have committed
gentlemen), and 97 (general article) of the Articles of War;
unlawful acts in furtherance of their respective political
Provided, that the amnesty shall not cover crimes against
beliefs;
chastity and other crimes committed for personal ends.
WHEREAS, the grant of amnesty to those who may
have committed unlawful acts in pursuit of their political
Section 2. Effects. – (a) Amnesty under this Proclamation
beliefs is one of the six paths to the attainment of a just and
shall extinguish any criminal liability for acts committed in
lasting peace as recommended by the National Unification
pursuit of a political belief, without prejudice to the
Commission;
grantee’s civil liability for injuries or damages caused to
WHEREAS, amnesty was proclaimed under
private persons. The grant of amnesty shall also effect the
Proclamation Nos. 10 and 10-A, which proclamations
restoration of civil or political rights suspended or lost by
however extended only to those who applied for amnesty
virtue of criminal conviction.
under Executive Order No. 350, Series of 1989, and whose
(b) The amnesty herein proclaimed shall not ipso
applications were processed and ready for action as of 28
facto result in the reintegration or reinstatement into the
July 1992, and who applied for amnesty under Executive
service of former Armed Forces of the Philippines and
Order No. 350 from 28 July 1992 up to 31 December 1992;
WHEREAS, after the lapse of the period for application Philippine National Police personnel. Reintegration or
reinstatement into the service shall continue to be
for the grant of amnesty under Proclamation Nos. 10 and
governed by existing laws and
10-A, many more rebels and insurgents, who may have
regulations; Provided, however, that the amnesty shall
committed unlawful acts in pursuit of their political beliefs,
reinstate the right of AFP and PNP personnel to retirement
have returned or expressed their desire and readiness to
and separation benefits, if so qualified under existing laws,
return to the fold of the law and join the mainstream of
rules and regulations at the time of the commission of the
Philippine society; and
acts for which amnesty is extended, unless they have
WHEREAS, there is a need for government to act on
forfeited such retirement and separation benefits for
rebel and insurgent returnees’ request for the grant of
reasons other than the acts covered by this Proclamation.
amnesty so that they may live in peace in the pursuit of
productive endeavors without prejudice to any legal
Section 3. Firearms. – The surrender of firearms,
arrangement that may result from a negotiated settlement
ammunitions and explosives shall not be a condition for
which the government is pursuing with the various rebel
amnesty. Applicants for amnesty may surrender their
and insurgent groups.
firearms within sixty (60) days from the effectivity of this
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the
Proclamation without incurring liability for illegal
Republic of the Philippines, by virtue of the powers vested
possession thereof. The Government shall continue to
in me by Section 19, Article VII of the Constitution, do
encourage rebels and insurgents to turn-in firearms,
hereby declare and proclaim:
ammunition and explosives which may be in their
possession.
Section 4. National Amnesty Commission. – There is hereby
created a National Amnesty Commission, hereinafter
referred to as the Commission, which shall be primarily
tasked with receiving and processing applications for
amnesty, and determining whether the applicants are
entitled to amnesty under this Proclamation. Final decisions
or determinations of the Commission shall be appealable to
the Court of Appeals.
Pursuant to its functions, the Commission shall be
authorized to:
(a) Administer oaths, summon witnesses and require
the production of documents by subpoena duces
tecum; Provided, that the testimonies of the
applicant and his witnesses for a grant of amnesty,
and any evidence presented by him before the
Commission not otherwise, available to the
prosecution, shall not be used as evidence against
the applicant in any other proceeding where the
amnesty is not in issue, except for perjury
committed in so testifying;
(b) Promulgate rules and regulations subject to the
approval of the President;
(c) Call on any Government office, body, agency,
instrumentality, council and commission to render
assistance in the efficient and effective
implementation of its functions;
(d) Constitute Local Amnesty Boards in such
provinces, cities, and municipalities as may be
necessary; and
(e) Perform such other functions necessary for the
proper implementation of this Proclamation as
may be authorized by the President.
The Commission shall be composed of seven (7)
members: a chairperson and three (3) regular members to
be appointed by the President; the Secretary of Justice, the
Secretary of National Defense and the Secretary of the
Interior and Local Government as ex-officio members.
The amounts necessary for the operational and
administrative expenses of the Commission shall be funded
from the budget of the Office of the President.
The term of the Commission shall expire upon the
completion of its assigned tasks as may be determined by
the President.
Section 5. Who May Apply. – All persons who have or may
have committed the crimes enumerated in Section 1, within
the period prescribed therein, including those detained,
charged, or convicted for the commission of the same
crimes, may apply with the Commission for the grant of
amnesty.
Section 6. Application Period. – Applications for the grant
of amnesty shall be filed under oath with the Commission
within six (6) months from the effectivity of this
Proclamation.
Section 7. Effectivity. – This Proclamation shall take effect
upon concurrence by a majority of all the Members of the
Congress.
DONE in the City of Manila, this 25th day of March in the
year of Our Lord, Nineteen Hundred and Ninety-Four.
PROCLAMATION NO. 724
AMENDING PROCLAMATION NO. 347 DATED MARCH 25,
1995
WHEREAS, on March 25, 1994, President Fidel V. Ramos
issued Proclamation No. 347 entitled “Granting Amnesty to
Rebels, Insurgents, and All Other Persons Who Have or May
Have Committed Crimes Against Public Order, Other Crimes
Committed in Furtherance of Political Ends, and Violations
of the Articles of War, and Creating a National Amnesty
Commission,” which was concurred in by both Houses of
Congress on June 2, 1994 through Concurrent Resolution
No. 12 as provided for by the Constitution;
WHEREAS, when the prescribed period for filing of
applications for amnesty lapsed on June 1, 1995, 7,166
applications were recorded to have been filed with the
National Amnesty Commission and the nineteen (19) Local
Amnesty Boards nationwide;
WHEREAS, after June 1, 1995, the National Amnesty
Commission and its nineteen (19) Local Amnesty Boards
throughout the country have reported that many other
rebels and insurgents voluntarily returned to the folds of
the law and filed applications for amnesty or otherwise
expressed their desire to avail of amnesty;
WHEREAS, in the course of processing amnesty
applications, the National Amnesty Commission has been
constrained to deny amnesty to persons who were found
to have committed acts/crimes clearly in pursuit of their
political belief because their acts/crimes were committed
after April 30, 1994 but before June 1, 1995, which is beyond
the period of coverage of Proclamation No. 347; or because
they filed their applications beyond the deadline of June 1,
1995;
WHEREAS, the sincere desire of the foregoing rebels
and insurgents to return to the folds of the law cannot be
ignored by the Government if it is to pursue a true,
comprehensive, just, and lasting peace;
WHEREAS, by virtue of the General Agreement for
Peace dated October 13, 1995 signed between the
Government and the RAM-SFP-YOU, Proclamation No. 723
was issued granting amnesty to members and supporters
of the RAM-SFP-YOU and allowing those inadvertently
omitted from the said list to apply individually for amnesty;
WHEREAS, in the interest of equity and justice,
members of rebel groups other than the RAM-SFP-YOU
should also be entitled to file applications for amnesty after
the lapse of the period for application under Proclamation
No. 347;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the
Republic of the Philippines, by virtue of the powers vested
in me by Section 19, Article VII of the Constitution, do
hereby declare and proclaim:
SECTION 1. Grant of Amnesty under Proclamation No.
347. Section 1 of Proclamation No. 347 is hereby amended
as follows:
“Section 1. Grant of Amnesty.- Amnesty is hereby granted
to all persons who shall apply therefor and who have or
may have committed crimes, on or before June 1, 1995, in
pursuit of their political beliefs, whether punishable under
the Revised Penal Code or special laws, including but not
limited to the following: rebellion or insurrection; coup
d’etat; conspiracy and proposal to commit rebellion,
insurrection, or coup d’etat; disloyalty of public officers or
employees; inciting to rebellion or insurrection; sedition;
conspiracy to commit sedition; inciting to sedition; illegal
assembly; illegal association; direct assault; indirect assault;
resistance and disobedience to a person in authority or
agents of such person; tumults and other disturbances of
public order; unlawful use of means of publication and
unlawful utterances; alarms and scandals; illegal possession
of firearms, ammunitions, and explosives, committed in
furtherance of, incident to, or in connection with the crimes
of rebellion and insurrection; and violations of Articles 59
(desertion), 62 (absence without leave), 67 (mutiny or
sedition), 68 (failure to suppress mutiny or sedition), 94
(various crimes), 96 ( conduct unbecoming an officer and
gentleman), and 97 (general article) of the Articles of War;
Provided, That the amnesty shall not cover crimes against
chastity and other crimes for personal ends.”
SEC. 2. Re-opening of Application Period. Applications for
the grant of amnesty under Proclamation No. 347 dated
March 25, 1994, as amended by this Proclamation, shall be
filed with the National Amnesty Commission within ninety
(90) days from the effectivity of this Proclamation.
SEC. 3. Effectivity. This Proclamation shall take effect upon
the concurrence by a majority of all Members of Congress.
DONE in the City of Manila this 17th day of May in the year
of Our Lord, Nineteen Hundred and Ninety-Six.
COMMUTATION OF
SENTENCE
WHAT IS COMMUTATION OF SENTENCE?
The act of the president changing, reducing or
mitigating a heavier sentence to a lighter one or a longer
term into a shorter term. It may alter death sentence to life
sentence or life sentence to a term of years.
It does not forgive the offender but merely to reduce
the penalty pronounce by the court.
It is a change of the decision of the court made by the
Chief Executive by reducing the degree of the penalty
inflicted upon the convict, or by decreasing the length of
the imprisonment of the original sentence.
A commutation of sentence takes place when the
sentence, generally one of imprisonment, is reduced to a
lesser penalty or jail term. This type of clemency does not
void the conviction.
SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR
BY THE CODE:
1. When the convict sentenced to death is over 70 years
of age;
2. When ten justices of the Supreme Court failed to
reach a decision for the affirmation of the death
penalty;
In other cases, the degree of the penalty is reduced
from death to reclusion perpetua.
In Commutation of Sentence consent of the offender is
not necessary. The public welfare, not his consent,
determines what shall be done.
WHO MAY FILE A PETITION FOR COMMUTATION OF
SENTENCE?
The Board may review the petition of a prisoner for
commutation of sentence if he/she meets the following
minimum requirements:
1. At least one half (1/2) of the minimum of his
indeterminate and/or definite prison term or the
aggregate minimum of his determinate and/or
prison terms;
2. At least ten (10) years for prisoners sentenced to
one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punishable
under Republic Act 7659 and other special laws;
3. At least twelve (12) years, for prisoners whose
sentences were adjusted to forty (40) years in
accordance with the provisions of Article 70 of the
Revised Penal Code, as amended;
4. At least fifteen (15) years for prisoners convicted of
heinous crimes as defined in Republic Act 7659
committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1)
life imprisonment;
5. At least seventeen (17) years for prisoners
sentenced to two (2) or more reclusion perpetua
or life imprisonment even if their sentences were
adjusted to forty (40) years in accordance with the
 provision of Article 70 of the Revised Penal Code,
as amended;
6. At least twenty (20) years, for those sentenced to
death which was automatically commuted or
reduced to reclusion perpetua.
occasion of disorders due to conflagrations, earthquakes,
or other calamities shall be granted if he returns to
authorities within 48 hours after the president declared
that the calamity is over.
- Once granted hall not be revoked.

REPRIEVE
WHAT IS REPRIEVE
Reprieve, in criminal law, the temporary suspension of
a sentence, such as a stay of execution, granted a person
convicted of a capital crime. A reprieve is usually granted by
the sovereign or chief executive and also, in the United
States, by the governor of a state. In some cases it may be
granted by the court that tried the offender.
It is a postponement of sentence or temporary stay of
the execution of sentence especially the execution of the
death sentence. Generally, Reprieve is extended to
prisoners sentenced to death.
The date of execution of sentenced is set back several
days to enable the Chief to study the petition of the
condemned man for commutation of sentenced or pardon.
A reprieve is given to suspend the execution of a
sentence in order to give the prisoner time to find ways to
have it reduced. With respect to capital cases, a reprieve is
given to suspend the execution of the death penalty for a
period of time to consider whether or not it should be
imposed.

PURPOSE OF REPREIVE
The purpose of the reprieve is generally to allow an
investigation into the legality of the conviction or into
alleged newly discovered evidence in favor of the convicted
person. A reprieve delays an execution but, unlike a pardon
or a commuted sentence, does not negate a sentence
unless the reinvestigation shows that the prisoner has been
unjustly tried or sentenced.

GCTA – is a privilege granted to a prisoner that shall entitle

him to a deduction of his term of imprisonment.

Under Art.97, RPC, the GCTA are:

1. 5 days per month during the first 2 years of
imprisonment
2. 8 days per month during the 3 rd to 5th years of
imprisonment
3. 10 days during the following years until the 10 th
years of imprisonment
4. 15 days during the 11th and successive years

Special Time Allowance for Loyalty (Art. 158, RPC)

A deduction of 1/5 of the period of the sentence of
any prisoner who evaded the service of sentence on the

APPENDICES
A. FULL TEXT OF PRESIDENTIAL
DECREE NO. 968
PRESIDENTIAL DECREE NO. 968
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES.
WHEREAS, one of the major goals of the government is to
establish a more enlightened and humane correctional
systems that will promote the reformation of offenders and
thereby reduce the incidence of recidivism;.
. ends of justice and the best interest of the public as well as
WHEREAS, the confinement of all offenders prisons and
other institutions with rehabilitation programs constitutes
an onerous drain on the financial resources of the country;
and.
WHEREAS, there is a need to provide a less costly
alternative to the imprisonment of offenders who are likely
to respond to individualized, community-based treatment
programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. — This Decree
shall be known as the Probation Law of 1976. It shall apply
to all offenders except those entitled to the benefits under
the provisions of Presidential Decree numbered Six
Hundred and three and similar laws.
Sec. 2. Purpose. — This Decree shall be interpreted so as to:
4. promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
5. provide an opportunity for the reformation of a
penitent offender which might be less probable if he
were to serve a prison sentence; and.
6. prevent the commission of offenses..
Sec. 3. Meaning of Terms. — As used in this Decree, the
following shall, unless the context otherwise requires, be
construed thus:
(a) "Probation" is a disposition under which a
defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to
the supervision of a probation officer..
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for
the court a referral for probation or supervises a
probationer or both.
Sec. 4. Grant of Probation. — Subject to the provisions of
this Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of
said defendant, suspend the execution of said sentence
and place the defendant on probation for such period and
upon such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a
term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to
the appellate court if an appeal has been taken from the
sentence of conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the automatic
withdrawal of a pending appeal.
An order granting or denying probation shall not be
appealable.
Sec. 5. Post-sentence Investigation. — No person shall be
placed on probation except upon prior investigation by the
probation officer and a determination by the court that the
that of the defendant will be served thereby..
Sec. 6. Form of Investigation Report. — The investigation
report to be submitted by the probation officer under
Section 5 hereof shall be in the form prescribed by the
Probation Administrator and approved by the Secretary of
Justice.
Sec. 7. Period for Submission of Investigation Report. —
The probation officer shall submit to the court the
investigation report on a defendant not later than sixty
days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for
probation not later than five days after receipt of said
report.
Pending submission of the investigation report and the
resolution of the petition, the defendant may be allowed
on temporary liberty under his bail filed in the criminal case;
Provided, That, in case where no bail was filed or that the
defendant is incapable of filing one, the court may allow
the release of the defendant on recognize to the custody of
a responsible member of the community who shall
guarantee his appearance whenever required by the court.
Sec. 8. Criteria for Placing an Offender on Probation. — In
determining whether an offender may be placed on
probation, the court shall consider all information relative,
to the character, antecedents, environment, mental and
physical condition of the offender, and available
institutional and community resources. Probation shall be
denied if the court finds that:
(a) the offender is in need of correctional treatment that
can be provided most effectively by his commitment
to an institution; or
(b) there is undue risk that during the period of
probation the offender will commit another crime;
or.
 (c) probation will depreciate the seriousness of the
offense committed..
Sec. 9. Disqualified Offenders. — The benefits of this
Decree shall not be extended to those:
(b) sentenced to serve a maximum term of
imprisonment of more than six years;
(c) convicted of any offense against the security of the
State;
(d) who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of
not less than Two Hundred Pesos;
(e) who have been once on probation under the
provisions of this Decree; and
(f) who are already serving sentence at the time the
substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
Sec. 10. Conditions of Probation. — Every probation order
issued by the court shall contain conditions requiring that
the probationer shall:
(a) present himself to the probation officer designated
to undertake his supervision at such place as may
be specified in the order within seventy-two hours
from receipt of said order;.
(b) report to the probation officer at least once a
month at such time and place as specified by said
officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not
to change said employment without the prior
written approval of the probation officer;
(d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain
in a specified institution, when required for that
purpose;.
(e) pursue a prescribed secular study or vocational
training;
(f) attend or reside in a facility established for
instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to
excess;
(i) permit the probation officer or an authorized social
worker to visit his home and place of 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.
Sec. 11. Effectivity of Probation Order. — A probation
order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequences
thereof and explain that upon his failure to comply with any
of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty
imposed for the offense under which he was placed on
probation.
Sec. 12. Modification of Condition of Probation. — During
the period of probation, the court may, upon application of
either the probationer or the probation officer, revise or
modify the conditions or period of probation. The court
shall notify either the probationer or the probation officer
of the filing of such an application so as to give both parties
an opportunity to be heard thereon..
The court shall inform in writing the probation officer and
the probationer of any change in the period or conditions
of probation.
Sec. 13. Control and Supervision of Probationer. — The
probationer and his probation program shall be under the
control of the court who placed him on probation subject
to actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place
under the jurisdiction of another court, control over him
shall be transferred to the Executive Judge of the Court of
First Instance of that place, and in such a case, a copy of the
probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge.
Thereafter, the Executive Judge to whom jurisdiction over
the probationer is transferred shall have the power with
respect to him that was previously possessed by the court
which granted the probation.
Sec. 14. Period of Probation. —
a. The period of probation of a defendant sentenced
to a term of imprisonment of not more than one
year shall not exceed two years, and in all other
cases, said period shall not exceed six years.
b. When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment
in case of insolvency, the period of probation shall
not be less than nor to be more than twice the
total number of days of subsidiary imprisonment
as computed at the rate established, in Article
thirty-nine of the Revised Penal Code, as
amended..chan robles virtual law library
Sec. 15. Arrest of Probationer; Subsequent Disposition. —
At any time during probation, the court may issue a warrant
for the arrest of a probationer for violation of any of the
conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary, of
the violation charged. The defendant may be admitted to
bail pending such hearing. In such a case, the provisions
regarding release on bail of persons charged with a crime
shall be applicable to probationers arrested under this
provision. If the violation is established, the court may
revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to
serve the sentence originally imposed. An order revoking
the grant of probation or modifying the terms and
conditions thereof shall not be appealable.
Sec. 16. Termination of Probation. — After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was
granted.
The probationer and the probation officer shall each be
furnished with a copy of such order.
Sec. 17. Confidentiality of Records. — The investigation
report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall not
be disclosed directly or indirectly to anyone other than the
Probation Administration or the court concerned, except
that the court, in its discretion, may permit the probationer
of his attorney to inspect the aforementioned documents
or parts thereof whenever the best interest of the
probationer makes such disclosure desirable or helpful:
Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders
may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration..
Sec. 18. The Probation Administration. — There is hereby
created under the Department of Justice an agency to be
known as the Probation Administration herein referred to
as the Administration, which shall exercise general
supervision over all probationers.
The Administration shall have such staff, operating units
and personnel as may be necessary for the proper
execution of its functions.
Sec. 19. Probation Administration. — The Administration
shall be headed by the Probation Administrator, hereinafter
referred to as the Administrator, who shall be appointed by
the President of the Philippines. He shall hold office during
good behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least
forty thousand pesos. His powers and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation
officers;.
(c) make annual reports to the Secretary of Justice, in
such form as the latter may prescribe, concerning
the operation, administration and improvement of
the probation system;.
(d) promulgate, subject to the approval of the
Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation
process;
(e) recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Administration and other offices established in this
Decree; and
(f) generally, perform such duties and exercise such
powers as may be necessary or incidental to
achieve the objectives of this Decree.
Sec. 20. Assistant Probation Administrator. — There shall
be an Assistant Probation Administrator who shall assist
the Administrator perform such duties as may be assigned
to him by the latter and as may be provided by law. In the
absence of the Administrator, he shall act as head of the
Administration..
He shall be appointed by the President of the Philippines
and shall receive an annual salary of at least thirty-six
thousand pesos.
Sec. 21. Qualifications of the Administrator and Assistant
Probation Administrator. — To be eligible for Appointment
as Administrator or Assistant Probation Administrator, a
person must be at least thirty-five years of age, holder of a
master's degree or its equivalent in either criminology,
social work, corrections, penology, psychology, sociology,
public administration, law, police science, police
administration, or related fields, and should have at least
five years of supervisory experience, or be a member of the
Philippine Bar with at least seven years of supervisory
experience.
Sec. 22. Regional Office; Regional Probation Officer. —
The Administration shall have regional offices organized in
accordance with the field service area patterns established
under the Integrated Reorganization Plan.
Such regional offices shall be headed by a Regional
Probation Officer who shall be appointed by President of
the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the
Secretary of Justice.
The Regional Probation Officer shall exercise supervision
and control over all probation officer within his jurisdiction
and such duties as may be assigned to him by the
Administrator. He shall have an annual salary of at least
twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant
Regional Probation Officer who shall also be appointed by
the President of the Philippines, upon recommendation of
the Secretary of Justice, with an annual salary of at least
twenty thousand pesos.
Sec. 23. Provincial and City Probation Officers. — There
shall be at least one probation officer in each province and
city who shall be appointed by the Secretary of Justice
upon recommendation of the Administrator and in
accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an
annual salary of at least eighteen thousand four hundred
pesos.
His duties shall be to:.
(a) investigate all persons referred to him for
investigation by the proper court or the
Administrator;
(b) instruct all probationers under his supervision or
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..
Sec. 24. Miscellaneous Powers of Provincial and City
Probation Officers. — Provincial or City Probation Officers
shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take
depositions in connection with their duties and functions
under this Decree. They shall also have, with respect to
probationers under their care, the powers of a police
officer.
Sec. 25. Qualifications of Regional, Assistant Regional,
Provincial, and City Probation Officers. — No person shall
be appointed Regional or Assistant Regional or Provincial
or City Probation Officer unless he possesses at least a
bachelor's degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police
science, police administration, or related fields and has at
least three years of experience in work requiring any of the
abovementioned disciplines, or is a member of the
Philippine Bar with at least three years of supervisory
experience.
Whenever practicable, the Provincial or City Probation
Officer shall be appointed from among qualified residents
of the province or city where he will be assigned to work..
Sec. 26. Organization. — Within twelve months from the
approval of this Decree, the Secretary of Justice shall
organize the administrative structure of the Administration
and the other agencies created herein. During said period,
he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of
achieving maximum efficiency and economy in the
operations of the probation system..
Sec. 27. Field Assistants, Subordinate Personnel. —
Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties
effectively.
Sec. 28. Probation Aides. — To assist the Provincial or City
Probation Officers in the supervision of probationers, the
Probation Administrator may appoint citizens of good
repute and probity to act as probation aides.
Probation Aides shall not receive any regular compensation
for services except for reasonable travel allowance. They
shall hold office for such period as may be determined by
the Probation Administrator. Their qualifications and
maximum case loads shall be provided in the rules
promulgated pursuant to this Decree..
Sec. 29. Violation of Confidential Nature of Probation
Records. — The penalty of imprisonment ranging from six
months and one day to six years and a fine ranging from six
hundred to six thousand pesos shall be imposed upon any
person who violates Section 17 hereof.
Sec. 30. Appropriations. — There is hereby authorized the
appropriation of the sum of Six Million Five Hundred
Thousand Pesos or so much as may be necessary, out of
any funds in the National Treasury not otherwise
appropriated, to carry out the purposes of this Decree.
Thereafter, the amount of at least Ten Million Five Hundred
Thousand Pesos or so much as may be necessary shall be
included in the annual appropriations of the national
government.
Sec. 31. Repealing Clause. — All provisions of existing laws,
orders and regulations contrary to or inconsistent with this
Decree are hereby repealed or modified accordingly..
Sec. 32. Separability of Provisions. — If any part, section or
provision of this Decree shall be held invalid or
unconstitutional, no other parts, sections or provisions
hereof shall be affected thereby.
Sec. 33. Effectivity. — This Decree shall take effect upon its
approval: Provided, However, That, the application of its
substantive provisions concerning the grant of probation
shall only take effect twelve months after the certification
by the Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure of the
Probation Administration and of the other agencies has
been organized.
DONE in the City of Manila, this 24th day of July in the year
of Our Lord, nineteen hundred and seventy-six.
B. FULL TEXT OF PRESIDENTIAL
DECREE NO. 1257
PRESIDENTIAL DECREE No. 1257
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE
NUMBERED NINE HUNDRED AND SIXTY-EIGHT,
OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
WHEREAS, the need to strengthen certain provisions of
Presidential Decree No. 968, otherwise known as the
Probation Law of 1976, has surfaced in the nationwide
seminars which introduced said law to judges, fiscals and
private law practitioners;
WHEREAS, meeting such need would better ensure the
achievement of its laudable objectives;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Republic of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and
decree as follows:
Section 1. Section 4 of Presidential Decree No. 968,
otherwise known as the Probation Law of 1976, is hereby
amended to read as follows:
"Sec. 4. Grant of Probation. Subject to the provisions of this
Decree, the court may, after it shall have convicted and
sentenced a defendant but before he begins to serve his
sentence and upon his application, suspend the execution
of said sentence and place the defendant on probation for
such period and upon such terms and conditions as it may
deem best.
The prosecuting officer concerned shall be notified by the
court of the filling of the application for probation and he
may submit his comment on such application within ten
days from receipt of the notification.
Probation may be granted whether the sentence impose a
term of imprisonment or a fine with subsidiary
imprisonment in case of insolvency. An application for
probation shall be filed with trial court, with notice to
appellate court if an appeal has been taken from the
sentence of conviction. The filling of the application shall be
deemed a waiver of the right to appeal, or the automatic
withdrawal of a pending appeal. In the latter case however,
if the application is filed on or after the date of the
judgment of the appellate court.
An order granting or denying probation shall not be
appealable."
Section 2. The first paragraph of Section 7 of the same
Decree is hereby amended to read as follows:
"Sec. 7. Period for Submission of Investigation Report. The
probation officer shall submit to the court the investigation
report on a defendant not later than sixty days from receipt
of the order of said court to conduct the investigation. The
court shall resolve the application for probation not later
than fifteen days after receipts of said report."
Section 3. Section 15 of the same Decree is hereby amended
to read as follows:
"Sec. 15. Arrest and Probationer; Subsequent Disposition.
At any time during probation, the court may issue a warrant
for the arrest of a probationer for any serious violation of
the conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the
court for a hearing of the violation charged. The defendant
may be admitted to bail pending such hearing. In such case,
the provisions regarding release on bail of persons charged
with a crime shall be applicable to probationers arrested
under this provision.
In the hearing, which shall be summary in nature, the
probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor. The
court shall not be bound by the technical rules of evidence
but may be inform itself of all the facts which are material
and relevant to ascertain the veracity of the charge. The
State shall be represented by a prosecuting officer in any
contested hearing. If the violation is established, the court
may revoke or continue his probation and modify
conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An
order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable."
Section 4. Section 33 of the same Decree is hereby
amended to read as follows:
"Sec. 33. Effectivity. This Decree shall take effect upon its
approval: Provided, However, That the application of its
substantive provisions concerning the grant of probation
shall only take effect on January 3, 1978."
Section 5. This Decree shall take effect immediately.
Done in the City of Manila, this 1st day of December, in the
year of Our Lord, nineteen hundred and seventy-seven.
C. FULLTEXT OF BATAS PANBANSA
BLG. 76
BATAS PAMBANSA BILANG 76
AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED
NINE HUNDRED SIXTY-EIGHT, AS AMENDED, OTHERWISE
KNOWN AS THE PROBATION LAW OF NINETEEN HUNDRED
AND SEVENTY-SIX, SO AS TO EXPAND ITS COVERAGE.
Section 1. Section nine of Presidential Decree Numbered
Nine hundred sixty-eight, as amended by Presidential
Decree Numbered Twelve hundred and fifty-seven, is
hereby further amended to read as follows:
"Sec. 9. Disqualified Offenders. — The benefits of this
Decree shall not be extended to those: sentenced to serve
a maximum term of imprisonment of more than six years
and one day;
a. Convicted of any offense against the security of
the State;
b. Who have previously been convicted by final
judgment of an offense punished by imprisonment
of not less than one month and one day and/or a
fine of not less than Two Hundred Pesos; and
c. Who have been once on probation under the
provisions of this Decree."
Sec. 2. Notwithstanding the provision of the Probation Law
of 1976, any person sentenced to maximum penalty of six
years and one day on January 3, 1978 and thereafter may be
placed on probation upon his application therefore with the
court of origin. However, such person serving sentence at
the effectivity of this Act shall remain in jail pending the
approval of his application.
Sec. 3. This Act shall take effect upon its approval.
Approved: June 13, 1980
D. FULLTEXT OF PRESIDENTIAL
DECREE NO. 1990
PRESIDENTIAL DECREE NO. 1990
AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE
KNOWN AS THE PROBATION LAW OF 1976.
. imprisonment of not less than one month
WHEREAS, it has been the sad experience that persons who
are convicted of offenses and who may be entitled to
probation still appeal the judgment of conviction even up
to the Supreme Court, only to pursue their application for
probation when their appeal is eventually dismissed;.
WHEREAS, the process of criminal investigation,
prosecution, conviction and appeal entails too much time
and effort, not to mention the huge expenses of litigation,
on the part of the State;.
WHEREAS, the time, effort and expenses of the
Government in investigating and prosecuting accused
persons from the lower courts up to the Supreme Court,
are oftentimes rendered nugatory when, after the
appellate Court finally affirms the judgment of conviction,
the defendant applies for and is granted probation; .
WHEREAS, probation was not intended as an escape hatch
and should not be used to obstruct and delay the
administration of justice, but should be availed of at the
first opportunity by offenders who are willing to be
reformed and rehabilitated; .
WHEREAS, it becomes imperative to remedy the problems
abovementioned confronting our probation system. .
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree: .
Section 1. Section 4 of Presidential Decree No. 968 is
hereby amended to read as follows:
"Sec. 4. Grant of Probation. — Subject to the provisions of
this Decree, the trial court may, after it shall have convicted
and sentenced a defendant, and upon application by said
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the
defendant on probation for such period and upon such
terms and conditions as it may deem best; Provided, That
no application for probation shall be entertained or granted
if the defendant has perfected the appeal from the
judgment of conviction.
"Probation may be granted whether the sentence imposes
a term of imprisonment or a fine only. An application for
probation shall be filed with the trial court. The filing of the
application shall be deemed a waiver of the right to appeal.
"An order granting or denying probation shall not be
appealable." .
Sec. 2. Section 9 of Presidential Decree No. 968 is hereby
amended to read as follows: .
"Sec. 9. Disqualified Offenders. — The benefits of this
Decree shall not be extended to those:
d. sentenced to serve a maximum term of
imprisonment of more than six years; .
e. convicted of subversion or any crime
against the national security or the public
order;
f. who have previously been convicted by
final judgment of an offense punished by
and one day and/or a fine of not less than
Two Hundred Pesos.
g. who have been once on probation under
the provisions of this Decree; and
h. who are already serving sentence at the
time the substantive provisions of this
Decree became applicable pursuant to
Section 33 hereof." .
Sec. 3. The provisions of Section 4 of Presidential Decree
No. 968, as above amended, shall not apply to those who
have already filed their respective applications for
probation at the time of the effectivity of this Decree. .
Sec. 4. All laws, decrees, executive or administrative orders,
rules and regulations, or parts thereof, inconsistent with
this Decree, are hereby repealed, amended or modified
accordingly. .
Sec. 5. This Decree shall take effect after fifteen (15) days
following its publication in the Official Gazette.
DONE in the City of Manila, this 5th day of October, in the
year of Our Lord, nineteen hundred and eighty-five..
E. FULL TEXT OF EXECUTIVE ORDER
NO. 292 - ADMINISTRATIVE CODE
OF 1987; [BOOK IV/TITLE
III/CHAPTER 7-PAROLE AND
PROBATION ADMINISTRATION]
CHAPTER 7
PAROLE AND PROBATION ADMINISTRATION
Section 23. Parole and Probation Administration. - The
Parole and Probation Administration hereinafter referred to
as the Administration shall have the following functions:
a. Administer the parole and probation system;
b. Exercise general supervision over all parolees and
probationers;
c. Promote the correction and rehabilitation of
offenders; and
d. Such other functions as may hereafter be provided
by law.
Section 24. Structural and Personnel Organization. -
a. The Administration shall be headed by an
Administrator who shall be immediately assisted
by a Deputy Administrator. The Administrator and
Deputy Administrator shall be appointed by the
President upon the recommendation of the
Secretary.
The appointees to the positions of Administrator
and Deputy Administrator must be holders of a
doctoral/masteral degree in public administration
and/or lawyers with at least one year of
supervisory experience in probation work.
b. The Administration shall have a Technical Service
under the Office of the Administrator which shall
serve as the service arm of the Board of Pardons
and Parole in the supervision of parolees and
pardonees.
The Board and the Administration shall jointly
determine the staff complement of the Technical
Service.
c. The Administration shall likewise continue to
operate and maintain a Regional Office in each of
the administrative regions including the National
Capital Region and also a probation and parole
office in every province and city of the country.
The Regional, Provincial and City Offices of the
Administration shall each be headed by a Regional
Probation and Parole Officer, Provincial/City Probation and
Parole Officer, respectively, all of whom shall be appointed
by the Secretary upon the recommendation of the
Administrator.
The Provincial or City Probation and Parole Officer shall be
assisted by such field assistants and subordinate personnel
as may be necessary to enable them to carry out their
duties and functions. For this purpose, the Administrator
may appoint citizens of good repute and probity to act as
Probation and Parole Aides who shall not receive any
regular compensation for their services except reasonable
travel allowance.
Section 25. Applicability of P.D. No. 968, as amended. - The
Provisions of P.D. 968 otherwise known as the Probation
Law of 1976 shall continue to govern the operation and
management of the Administration including the
enumeration of functions and qualifications for
appointment of the Administrator, Deputy Administrators,
Regional, Provincial and City Probation Officers and their
assistants and other subordinate personnel not
inconsistent with this title.
F. FULL TEXT OF PAROLE AND
PROBATION ADMINISTRATION
OMNIBUS RULES ON PROBATION
AND PROCEDURE.
G. RESOLUTION NO. 24-4-10 - RE:
Amending and Repealing Certain Rules and Sections of
the Rules on Parole and Amended Guidelines for
Recommending Executive Clemency of the 2006
Revise Manual of the Board of Pardons and Parole
WHEREAS, Section 19, Article VII of the 1987 Philippine
Constitution provides that the President, except in cases of
impeachment or as otherwise provided therein, may grant
reprieves, communications and pardons, and remit fines
and forfeitures, after conviction by the final judgment;
WHEREAS, in accordance with the above-cited
constitutional provision, the President has the plenary
power to grant executive clemency, except on the
following three (3) constitutional limitations to wit:
1. In cases of impeachment;
2. In cases involving of election laws, rules and
regulations as provided for in Section 5, Paragraph
C, Article IX of the 1987 Philippine Constitution
without the favorable recommendation of the
Commission on Elections; and
3. In cases where the conviction is on appeal or has
not become final and executor;
WHEREAS, the eight (8) disqualifications or exceptions
enumerated and provided for in Section 5 of the Amended
Guidelines for Recommending Executive Clemency of the
2006 BPP Revised Manual are not in consonance with the
provisions of Section 19, Article VII of the 1987 Philippine
Constitution, constitute as limitations on the pardoning
power of the President, and violate the time-honored
principle of equal protection of the laws enshrined in the
Bill of Rights, thus defeating the primary purpose of
restorative justice;
WHEREAS, Section 5, Paragraph a, b, c, d, e, f, g, and h of
the Amended Guidelines for Recommending Executive
Clemency discriminates against certain criminal offenders
and denies them equal opportunity for executive clemency;
WHEREAS, under Section 3 of Republic Act No. 9346,
otherwise known as "An Act Prohibiting the Imposition of
Death Penalty in the Philippines", enacted on June 24,
2006, persons convicted of offenses punished with
reclusion perpetua, or whose sentences were reduced to
reclusion perpetua by reason of this Act shall not be eligible
for parole under Act No. 4103, otherwise known as "The
Indeterminate Sentence Law", as amended;
WHEREAS, under Executive Order No. 83 dated January 11,
1937, the Board of Pardons and Parole is mandated to assist
the President in exercising the power of executive
clemency; and
WHEREAS, pursuant to the mandate of the law to redeem
and uplift valuable human resources and prevent excessive
deprivation of liberty, there is a need to provide
opportunities to qualified and deserving inmates in order to
ease congestion now plaguing the correctional institutions.
WHEREFORE, premises considered, the Board resolves, as
it is hereby Resolved, to AMEND and REPEAL the following
provisions of the Rules on Parole and the Amended
Guidelines for Recommending Executive Clemency of the
2006 BPP Revised Manual:
I. Rule 2.1. of the Rules on Parole is hereby AMENDED to
read as follows:
"RULE 2.1. Eligibility for Review of A Parole Case - an inmate's
case may be eligible for review by the board provided:
b. Inmate is serving an indeterminate sentence the
maximum period of which exceeds one (1) year;
c. Inmate has served the minimum period of the
indeterminate sentence;
d. Inmate's conviction is final and executor;
In case the inmate has one or more co-accused who had
been convicted, the director/warden concerned shall
forward their prison records and carpetas/jackets at the
same time.
d. Inmate has no pending criminal
case; and
e. 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."
II. Rule 2.2, Paragraphs i to l of the Rules on Parole are
hereby DELETED for being inconsistent with the provisions
of Section 2 of the "Indeterminate Sentence Law", as
amended. Further, said Rule is hereby AMENDED to read as
follows:
"RULE 2.2. Disqualifications for Parole - Pursuant to Section 2
of Act No. 4103, as amended, otherwise known as the
"Indeterminate Sentence Law", parole shall not be granted
to the following inmates:
a. Those convicted of offenses punished with death
penalty of life imprisonment;
b. Those convicted of treason, conspiracy or proposal
to commit treason or espionage;
c. Those convicted of misprision 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 falsification, are
found guilty of any of said crimes a third time or
oftener;
f. Those who escaped from confinement or evaded
sentence;
g. Those who having been granted conditional
pardon by the President of the Philippines shall
have violated any of the terms thereof;
h. Those whose maximum term of imprisonment
does not exceed one (1) year or those with definite
sentence;
i. Those 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."
III. Rule 2.3 of the Rules on Parole is hereby AMENDED to
read as follows:
"RULE 2.3. Review Upon Petition or referral by the
correctional and/or other agencies - a parole case may be
reviewed by the Board upon petition or referral by the
correctional and/or other agencies if inmate is not
otherwise disqualified under Rule 2.2."
IV. Section 1 of the Amended Guidelines for Recommending
Executive Clemency is hereby AMENDED to read as follows:
SECTION 1. Plenary Power of the President to Grant
Executive Clemency - Under Section 19 Article VII of the
Constitution, except in cases of impeachment or as
otherwise provided therein, the President may grant
reprieves, commutations and pardons, and remit fines and
forfeitures, after conviction by final judgment. Executive
clemency rests exclusively within the sound discretion of
the President, and is exercised with the objective of
preventing a miscarriage of justice or correcting a manifest
injustice.1avvphi1
These Guidelines are meant solely for the guidance of the
Board of Pardons and Parole (hereafter the "Board") in the
performance of its duty to assist the President in exercising
the power of executive clemency pursuant to Executive
Order No. 83 dated January 11, 1937. These Guidelines
create no vested or enforceable rights in persons applying
for executive clemency."
V. Section 3 of the Amended Guidelines for Recommending
Executive Clemency is hereby AMENDED to read as follows:
"SECTION 3. 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 Corrections 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 Corrections
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."
VI. Section 4 of the Amended Guidelines for Recommending
Executive Clemency is hereby AMENDED to read as follows:
"SECTION 4. Other circumstances - When none of the
extraordinary circumstances enumerated in Section 3 exist,
the Board may nonetheless review and/or recommend to
the President the grant of executive clemency to an inmate
provided the inmate meets the following minimum
requirements of imprisonment:
A. For Commutation of Sentence, the inmate should
have served:
1. at least one-third (1/3) of the definite or
aggregate prison terms;
2. at least one-half (1/2) of the minimum of the
indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
3. 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;
4. 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;
5. at least fifteen (15) years for inmates convicted
of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws,
committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one
(1) life imprisonment;
6. 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 Act 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;
7. 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;
8. at least twenty-five (25) years for inmates
originally sentenced to death penalty but
which was automatically reduced or
commuted to reclusion perpetua or life
imprisonment.
B. For Conditional Pardon, an inmate should have
served at least one-half (_) of the maximum of the
original indeterminate and/or definite prison
term."
VII. Section 5 of the Amended Guidelines for
Recommending Executive Clemency is hereby REPEALED.
VIII. Section 10 of the Amended Guidelines for
Recommending Executive Clemency is hereby AMENDED to
read as follows:
"SECTION 10. 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."
IX. Section 11 of the Amended Guidelines for
Recommending Executive Clemency is hereby AMENDED to
read as follows:
"SECTION 11. 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
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
objections/comments/information relevant to the cases of
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."
IX. This Resolution shall take effect upon approval by the
Secretary of Justice and fifteen (15) days after its
publication in a newspaper of general circulation. Let
copies of this Resolution be likewise sent to the Office
of the President through the Executive Secretary, and
the University of the Philippines (UP) Law Center.

G. PROBATION AND PAROLE FLOW CHART

H. PAROLE AND PROBATION ORGANIZATIONAL CHART