NON-INSTITUTIONAL

CORRECTIONS
LYEN CAREL T. GARCIA, RCRIM
TOP 1
CLE JUNE 2022
 NON-INSTITUTIONAL
CORRECTION/COMMUNITY-BASED
CORRECTIONAL
Refer to that method of correcting sentenced offenders
without having to go to prison

The Community-Based Treatment Programs are those

programs that are intended to treat criminal offenders within the
free community as alternatives to confinement.
It includes all correctional activities directly addressed to
the offender and aimed at helping him to become a law- abiding
citizen.
 ADVANTAGES OF COMMUNITY-
BASED CORRECTIONS ARE:
1. Family members need not be victims also for the imprisonment of a
member because the convict can still continue to support his family; not
to be far away from his children;
2. Rehabilitation will be more effective as the convict will not be exposed
to hardened criminals in prisons who will only influence him to a life of
crime;
3. Rehabilitation can be monitored by the community, thus, corrections
can be made and be more effective; and
4. Cost of incarceration will be eliminated which is extremely beneficial
especially to a cash-strapped government. An entire bureaucracy will be
eliminated which includes the salaries, benefits and perks of the officers and
staff, capital outlays, operating costs, maintenance of the facilities,
subsistence of inmates, and many others.
 TYPES OF NON-INSTITUTIONAL
CORRECTION PROGRAMS
Probation - It is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed by
the court and to the supervision of a probation officer.
Indeterminate Sentence Law / Parole Program – It is that type of
correctional program that enables the convicted felon after serving the
minimum imposable penalty may be eligible for release on parole.
Executive Clemency – It is the power of the Chief Executive to grant
amnesty, commutation of sentence, pardon, reprieve and remit fines
and forfeitures to convicted prisoners
Restorative Justice Program – It refers to the program enacted
under RA 9344 for CICL’s that requires a CICL’s to undergo after
he/she is found responsible for an offense without resorting to formal
court proceeding like diversion, intervention and Community based
programs.
 AGENCIES CONCERNED
Parole and Probation Administration (PPA)
✓Headed by Administrator
✓Handles the Investigation petitioners for Probation & Supervision of
Probationer, Parolees, and Conditional Pardonees.
✓Hon. Teodulo Natividad was the first Administrator
Board of Pardons and Parole (BPP)
✓Headed by Chairman (DOJ Undersecretary)
✓Responsible for grant of Parole and recommending Executive
Clemency to the President ( E.O 83, series of 1937)
Department of Social Welfare and Development (DSWD)
✓ Act. 3202, PD 603
✓ JJWC (9344) IJISC (10630)
✓Headed by DSWD Undersecretary as Chairman
✓renders services for Children in Conflict with the Law (CICL)
 PROBATION
Latin verb
"probare" - to prove, to test (John Augustus)

“probatio” – testing period (Frederick Rainier)

Is a procedure under which the court releases a defendant

found guilty of a crime without imprisonment subject to the
condition imposed by the court and subject to the supervision of the
probation service.
PROBATION
 FORERUNNERS OF PROBATION
Benefits of Clergy
➢if any member of the clergy was brought to trial before the king’s court,
such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner was subject to
the authority of the Ecclesiastical Court only.
Judicial Reprieve
➢when there is a favorable circumstance in the criminal’s character in order
to give him opportunity to apply to the King for either an absolute an or
conditional pardon. Early English courts began to grants reprieves to
prisoners under sentence of death on condition that they accept
deportation to English settlements in America.
Recognizance or “Binding over for good behavior”
➢this is considered as the direct ancestor of probation. This involves an
obligation or promise sworn to under court order by a person not yet
convicted of crime he would keep the peace and be of good behavior.

Transportation
➢this was developed from an ancient practice of banishment and
flourished for more than two hundred years as a principal method of
disposing offenders. It served mainly as cheap source of supplying
labor to the colonies of England.
 HISTORICAL DEVELOPMENT OF
PROBATION IN ENGLAND
ENGLAND - It is where probation started in a form of suspending
judgment and releasing offender on his own Recognizance (ROR)

Mathew Davenport Hill - Father of Probation in England

➢an 18th century English barrister and judge
➢became the Recorder of Birmingham, a judicial post.
➢He finds persons who act as guardians of the juvenile offender.
Then at an unexpected period, the confidential officer visits the
guardian, makes inquiries and keeps notes of information received.
➢Hill had police officers pay periodic visits to these guardians in an effort
to tack the offender’s progress and to keep a running account.
 Historical Development of Probation in
USA
➢The first state to enact a real probation law, the first practical demonstration of
probation, first use of the term as court service, and the enactment of the first
probation law occurred in Massachusetts on April 21, 1878
➢But widely upon the passage of the first Juvenile Court law of Cook Country in
Illinois
✓Edward Savage – first Probation officer

John Augustus (True Probation Officer)

➢Father of Probation in the USA.
➢Was a Boston shoemaker
➢member of Washington Total Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
➢In 1841, John Augustus attended police court to bail out a “common
drunkard,” the first probationer.
➢He volunteered his 18 years in life as probation officer
1841 – considered as birth year of probation.
➢August 1841- Rugged drunk man (3 weeks -The drunkard was brought
back to court where the judge cannot recognize him. Imposes a fine of
$ 3.76.)
➢By 1858, John Augustus had provided bail for 1,946 men and women,
young and old. Reportedly, only ten of this number forfeited their bond.

Fr. Rufus Cook – a chaplain in Boston, Massachusetts who continued

the work of Augustus after the latter’s death and employed humane but
unscientific approach.
Massachusetts became the 1st country to enact a probation law on
April 21/26, 1878
➢Developed “Security for Good Behavior” or otherwise known as Good
Aberrance
➢It was signed by Alexander Hamilton Rice

➢Massachusetts Trial Court Probation Service, more commonly referred

to as the Massachusetts Probation Service (MPS), is the
Commonwealth's primary supervisory law enforcement agency.
Created in 1878, it is the first Probation agency established in the
United States.

➢Gardner Taft – Director of Massachusetts Board of State Charities and

Corrections. He said “the result for probation in cases of Juvenile
offender proved effectively, and authorize to appoint probation officer
for adult offender.
Vermont
➢The 2nd state to enact probation law.
➢Vermont Act of 1898
➢ The Real Probation Law (applied to adult offenders)
➢like Missouri and unlike Massachusetts provided for probation only
after suspension of the execution of sentence.
Rhode Island
➢The 3rd state to enact a real probation law
➢First appeared a complete state-administered probation system.
➢The Act of 1899 empowered the board of state charities and
corrections to appoint a state probation officer and additional probation
officers, “one of whom at least shall be a women,” to serve all courts in
the state.
1899
➢Minnesota and Illinois enacted laws giving probation service to children
only
1901
➢Probation in New York State had its official beginning
January 11, 1909
➢The first probation bill was introduced during the 60th congress, 2nd
session by Representative McCall of Massachusetts.
March 4, 1925
➢The 1st Federal Probation Act became law, signed by President Calvin
Coolidge.
New Jersey
➢The 4th state to pass e general probation law after the New England
Model in 1900
New York
➢The 5th state to provide for adult probation
California
➢The 6th state to enact adult probation law and juvenile court laws, both
in 1903

Killets Case
➢This decision led to the passing of the National Probation Act of 1925,
thereby, allowing courts to suspend the imposition of incarceration and
place an offender on probation
✓signed by President Calvin Coolidge
✓the U.S. Federal Probation Service was established.
 HISTORY OF PROBATION IN THE PHILIPPINES
ACT NO. 4221
➢enacted by the Philippine legislature on August 07, 1935 and which created a
Probation Offices under the Department of Justice led by a Chief Probation
Officer appointed by the American Governor General with the advice and
consent of the United States.
➢This Law provided probation for the first time offenders, eighteen years of age
and over, convicted of a certain crime.
➢Lasts for only 2 years. The act subsequently declared unconstitutional by the
Supreme Court on Nov. 16, 1937 in People vs. Vera
ISSUE: Whether or not:
1. Encroaches upon the pardoning power of executive.
2. Constitute on undue delegation of legislative power.
3. Denies the equal protection of the law.
HISTORICAL BACKGROUND OF PROBATION IN THE
PHILIPPINES

Probation was first introduced in the Philippines during the

American colonial period (1898 - 1945) with the enactment of Act No.
4221 of the Philippine Legislature (1st probation law) on 7 August
1935.

In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was
challenged because of the following grounds:
a) The said act encroaches upon the pardoning power of the
executive;
b) That it constitutes an undue delegation of legislative power; and
c) It denies the equal protection of the laws.
• In 1972, House Bill No. 393 was filed in Congress by
Teudolo C. Natividad and Ramon D. Bagatsing which
would establish a probation system in the Philippines.
This bill avoided the objectionable features of Act 4221
that struck down the 1935 law as unconstitutional.
• The bill was passed by the House of Representatives but
was pending in the Senate when Martial Law was declared
and Congress was abolished.
• On 24 July 1976, Presidential Decree No. 968, also
known as Adult Probation Law of 1976 was signed into
Law by the President of the Philippines.
• The probation system started to operate on 3 January
1978.
 AMENDATORY LAWS TO PD 968
PD 1257 – It took effect on 01 December 1977; it amended the
period within which application for probation must be made.
BP 76 – It took efect on 13 June 1980; it amended the maximum
penalty for qualification for probation
PD 1990 - It took efect on 15 January 1986; it amended BP 76
back to original form and made probation and appeal exclusive
remedies.
RA 10707 – New Probation Law of 2015S
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.
➢First Administrator of the Parole and Probation Administration which
attached to the DOJ
➢First Filipino Vice President of the United Nations Congress, Geneva
Switzerland
➢Former NAPOLCOM commissioner
➢Former Congressman of Bulacan
➢Introduced House Bill No. 393 in collaboration with former Congressman

RAMON D. BAGATSING
The measure was passed in the Lower House and was pending in the
senate when Martial Law was proclaimed in 1972.
E.O 292 Administrative Code Of 1987
➢Renamed Probation Administration (968) to Parole and Probation
Administration

BPP Resolution 229

➢Authorized the PPA to supervise and conduct investigation on
parolee and pardonee
✓Pre – executive Clemency (30 days)
✓Pre-Parole Investigation (60 days)
PAROLE AND PROBATION
ADMINISTRATION
OMNIBUS RULES ON
PROBATION METHODS
AND PROCEDURES
"Probation" - a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the Trial Court and to the supervision of a
Probation Officer; (OLD)

"Probation" — a privilege granted by the State under which a

defendant, after conviction and sentence, is released subject
to conditions imposed by Trial Court and to the supervision of
a Probation Officer. (NEW)
 POLICY OBJECTIVES AND
DECLARED PURPOSES

This Rules is adopted to carry out the following purposes:

a) To promote the correction and rehabilitation of an offender by
providing him with individualized community-based treatment;
b) To provide an opportunity for his/her reformation and re-
integration into the community; and
c) To prevent the commission of offenses.
 AMICUS CURIAE
Upon written invitation by the Trial Court, the Administrator
and/or Deputy Administrator, for the Agency Level, Regional
Director for the Regional Level, CPPO for the City or Provincial
Level may appear as amicus curiae on any probation
investigation and supervision issue, concern or matter.
 APPLICATION FOR PROBATION
Who may apply for Probation. – Offenders who are convicted
by final judgment and sentenced with imprisonment and/or fine
with subsidiary imprisonment, who are not specifically
disqualified by law.
 DISQUALIFIED OFFENDERS (PD 968)
The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than
six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month and
one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this
Decree; and
(e) who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof.
 OFFENDERS DISQUALIFIED.— PROBATION
SHALL NOT BE EXTENDED TO THOSE (RA
10707):
a) Disqualified under the provision of Section 9 of PD No. 968, as
amended:
(i) sentenced to serve a maximum term of imprisonment of more than six (6)
years;
(ii) convicted of any crime against national security;
(iii) who have previously been convicted by final judgment of an
offense punished by imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one thousand pesos (P1,000.00);
(iv) who have been once on probation under the provisions of this Decree;
(v) who are already serving sentence at the time the substantive provisions
of this Decree became applicable pursuant to Section 33 hereof;
b) Disqualified under special laws:
(i) Offenders found guilty of any election offense in accordance
with Section 264 of Batas Pambansa Blg. 881 (Omnibus Election
Code)
(ii) Offenders found guilty of violating Republic Act No. 6727
(Wage Rationalization Act, as amended)
(iii) Offenders found guilty of violating Republic Act No. 9165
(Comprehensive Dangerous Act of 2002), except Sections 12,
14, 17, 70.
NOTE:
RA 9165
Section 24. Non-Applicability of the Probation Law for
Drug Traffickers and Pushers. – Any person convicted for
drug trafficking or pushing under this Act, regardless of
the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential
Decree No. 968, as amended.
Filing. — Application for probation shall be filed with the Trial
Court which has jurisdiction over the case.

Time for Filing. — The petitioner shall file his/her application

with the Trial Court at any time after conviction and sentence but
within fifteen (15) days from the promulgation of judgment or
within the period of perfecting his/her appeal.
 WHEN AN ACCUSED WHO APPEALED
MAY STILL APPLY FOR PROBATION
When a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, regardless of the nature of such
appeal, and the judgment is modified by an appellate court through
the imposition of a lesser penalty or conviction for a lesser crime which
is probationable, the accused shall be allowed to apply for probation
based on the modified decision within fifteen (15) days from receipt by
the accused or counsel of the modified decision.
The application for probation based on the modified decision
shall be filed in the court of origin or in the trial court where such case
has been re-raffled. The Petition for Probation must include a Certified
True Copy of the Modified Decision of the Appellate Court. Moreover,
the Petitioner should inform the appellate court of its intention to apply
for probation by filing a manifestation or copy furnishing it of its petition
to apply for probation. This notwithstanding, the accused shall lose the
right to apply for probation on a modified decision should he/she seek
a review of the modified decision which already imposes a
probationable penalty. (As amended by RA 10707)
 PROBATION OF SOME ACCUSED AFTER
JOINT TRIAL AND CONVICTION
When two (2) or more accused are tried jointly and convicted,
and some have taken further appeal, the other accused who did not
file an appeal may apply for probation by filing a petition for probation
within fifteen (15) days from the promulgation of judgment or notice
thereof and attaching thereto a certified true copy of the judgment of
conviction. The trial court shall act on the petition for probation even
after it shall have forwarded the entire records of the case to the
appellate court and despite the pendency of the appeal of the other
accused.
The filing of probation of one or more several accused shall
make the decision of the trial court final as to them but not to those
who have taken further appeal.
The decision in the appeal shall not affect those who applied for
probation except insofar as the judgment of the appellate court is
favorable and applicable to the latter.
SECTION 12. Form. — The application for probation shall be in
the form approved by the Secretary of Justice as recommended
by the Administrator or as may be prescribed by the Supreme
Court.

SECTION 13. Notice to the Prosecuting Officers of the Filing

of the Application.— The Trial Court shall notify the concerned
Prosecuting Officer of the filing of the application at a reasonable
time it deems necessary before the scheduled hearing thereof.

SECTION 14. Comment. — The Prosecuting Officer may submit

his/her Comment on the application within ten (10) days from
receipt of the notification.
SECTION 15. Referral to Proper Probation Office. — If the Trial
Court finds that the application is in due form and the petitioner
appears to be legally qualified for the grant of probation, it shall
order the Probation Office within its jurisdiction to conduct a Post
Sentence Investigation (PSI) on the petitioner.
SECTION 17. Effects of Filing and Receipt. —The Trial Court may,
upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.
SECTION 18. Bail or recognizance pending resolution of
application.—Pending submission of the Post-Sentence Investigation
Report (PSIR) and the resolution of the petition for probation, the
accused may be allowed temporary liberty under his/her bail filed in
the criminal case where he was convicted. Where no bail was filed or
the accused is incapable of filing one, the court may allow his/her
release on recognizance to the custody of a responsible member of
the community who shall guarantee his/her appearance whenever
required by the court.
 POST-SENTENCE INVESTIGATION (PSI)
Assignment. — After receipt of the referral order from the Trial Court, the
Probation Office concerned shall docket and assign the case to an Investigating
Officer (IO).

Initial Interview/Accomplishment of Work Sheet/ Waiver. —

a) Within five (5) working days from receipt of said referral, the CPPO shall
conduct the initial interview of the petitioner.
b) A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA and/or the
Probation Office to secure any and all information on the petitioner, shall be duly
executed and signed by him/her.

During such initial interview, the Probation Officer on case or CPPO shall require
the petitioner to accomplish and sign a Post Sentence Investigation Work Sheet
(PPA Form 1) as well as PPA Form 2. The IO shall conduct further investigation
based on the information contained therein.
c) If the petitioner remains unlocated despite due diligence, one shall be declared
as an absconding petitioner hence a recommendation for denial shall be
submitted to the court for appropriate action.
Collateral Information - During the conduct of the PSI, collateral
information must be gathered from those persons who have
direct personal knowledge of the petitioner, offended party family
members, and/or their relatives, including barangay officials and
disinterested persons.
POST-SENTENCE INVESTIGATION REPORT
Purpose — The PSIR aims to enable the trial court to determine whether
or not the ends of justice and primarily the best interest of the public,
as well as that of the petitioner, would be served by the grant or denial of the
application.

Nature of Recommendation - The final recommendation contained on the

last page of the PSIR is persuasive in character addressed to the sound
discretion of the Trial Court considering that the denial or grant of
probation is a judicial function.

Period to Resolve the Petition for Probation - The petition for probation
shall be resolved by the Trial Court not later than fifteen (15) days from the
date of its receipt of the PSIR.

NOTE: 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. (PD 968)
 PROBATION ORDER
Nature of Probation; Effect of the Grant of Probation; Nature of
Probation Order. —
a) Probation is but a mere privilege and as such, its grant or denial
rests solely upon the sound discretion of the Trial Court. After its
grant, it becomes a statutory right and it shall only be cancelled or
revoked for cause and after due notice and hearing.
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 bail bond upon which he/she was allowed temporary
liberty or release the custodian from his/her undertaking.
c) An order placing defendant on probation 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/her 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.
 CRITERIA FOR PLACING AN
OFFENDER ON PROBATION
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 an 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.
 PERIOD OF PROBATION
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
 FINALITY (PD 968)
The Order of the court granting or denying probation
shall not be appealable.
EFFECTIVITY OF PROBATION ORDER
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/her failure to
comply with any of the conditions prescribed in the said order or
his/her commission of another offense, he/she shall serve the
penalty imposed for the offense under which he/she was
placed on probation.
TERMS AND CONDITIONS OF PROBATION

Mandatory Conditions. — A probation order shall require the

probationer:
a) To present himself/herself to the Probation Officer for
supervision within seventy- two (72) hours from receipt of said
order; and
b) To report to the assigned SPPO, SrPPO, PPOII or PPOI on
case at least once a month during the period of probation at such
time and place as may be specified by the Probation Office.
Other Conditions. — The Probation Order may also require the
probationer, among others, to:
a) Cooperate with his/her program of probation treatment and
supervision;
b) Meet his/her family responsibilities;
c) Devote himself/herself to a specific employment and not to
change said employment without prior written approval of the
CPPO;
d) Undergo medical, psychological, clinical, drug or psychiatric
examinations and treatment and enter and remain in a specified
institution when required for that purpose;
e) Comply with a program of payment of civil liability to the
offended party or his/her heirs, when required by the Trial Court
as embodied in its decision or resolution;
f) Pursue a prescribed secular study or vocational training;
g) Attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
h) Refrain from visiting houses of ill-repute;
i) Abstain from drinking intoxicating beverages to excess;
j) Permit the Supervising Probation Officer on case or an
authorized social worker to visit his/her home and place of work;
k) Reside at premises approved by the Trial Court and not to
change his/her residence without prior written approval of said
court;
l) Participate in tree planting activities in accordance with
Memorandum Circular No. 13 s. 2003; and/or 20m) Satisfy any
other condition related to his/her rehabilitation into a useful
citizen which is not unduly restrictive of his/her liberty or
incompatible with his/her freedom of conscience.
 INDEMNIFICATION (OLD)
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
discouraged and discontinued outrightly.
 RESTITUTION OR REPARATION TO THE AGGRIEVED
PARTIES AS A CONDITION FOR PROBATION (NEW)
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 shall
hand over the sum to the victim with a corresponding receipt as evidence of
acceptance by the latter of the full amount indicated in the said receipt, a
copy of which should be given by the probationer to the Probation Office in
order to monitor such payment; or
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/her proper disposition; or
c) Payment can be effected directly to the victim and the
acknowledgement receipt (PPA Form No. 11A) shall be filed in the
supervision case file of the probationer at the Probation Office.

The payment of civil liability to the Probation Officer on case to be

remitted to the victim is PROHIBITED.
 SUPERVISION OF PROBATIONERS
Commencement of Supervision Service. — For purposes of these
Rules, supervision service shall commence on the day of initial
interview or reporting of a probationer. Such fact shall be duly
noted in the case notes of the client.

In the event that the probationer does not report for initial
supervision within seventy- two (72) hours upon receipt of the
Probation Order or when his/her whereabouts are unknown, the
Probation Officer shall exert due diligence to find him/her and conduct
such field inquiry as is necessary within five (5) days, before
considering the fact that the probationer has absconded amounting to
a violation of a probation condition, requiring the preparation and
submission of a Violation Report (PPA Form 8) to the Trial Court.
 OUTSIDE TRAVEL (OLD)
(a) A Probation Officer may authorize a probationer to travel outside
his area of operational/territorial jurisdiction for a period of more
than ten (10) days but not exceeding thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30) days outside
the operational/territorial jurisdiction of the Probation Office shall file
at least five (5) days before the intended travel schedule a Request for
Outside Travel (PPA Form 7) with said Office properly recommended by
the Supervising Probation Officer on case and approved by the CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said
request shall be recommended by the CPPO and submitted to the Trial
Court for approval.
(d) Outside travel for a cumulative duration of more than thirty (30)
days within a period of six (6) months shall be considered as a
courtesy supervision.
 OUTSIDE TRAVEL. (NEW)
a)The SO may authorize a probationer to travel outside
his/her area of operation/territorial jurisdiction for a period of
not more than ten (10) days. However, if it exceeds 10
days but not more than thirty (30) days, approval of the
CPPO is required. Accordingly, a Request for Outside Travel
(PPA Form 7) with said Office, properly recommended by
the SO, should be duly accomplished.
b) If the requested outside travel is for more than thirty (30)
days said request shall be recommended by the CPPO
and submitted to the Trial Court for approval.
c) Outside travel for a cumulative duration of more than
thirty (30) days within a period of six (6) months shall be
considered as a courtesy supervision.
 ABSCONDING PROBATIONER
a) A probationer who has not reported for initial supervision within
the prescribed period and/or whose whereabouts could not be
located or determined despite best diligent efforts within
reasonable period of time shall be declared by the proper Office
as an absconding probationer.

b) 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 SO and
approved by the CPPO.
 CHANGE OF RESIDENCE: TRANSFER OF
SUPERVISION
a) A Probationer may file a Request for Change of Residence
(PPA Form 24) with the Probation Office, citing the reason(s)
therefore. This request shall be submitted by the CPPO/OIC for
the approval of the Trial Court.
b) Upon 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 Probation Office in the
place to which he/she transferred.
Thereafter, the Executive Judge of the Regional Trial
Court to whom jurisdiction over the probationer is
transferred shall have the jurisdiction and control with
respect to him/her which was previously possessed by the court
which granted probation.
 VIOLATION OF PROBATION CONDITION
Fact-Finding Investigation. — Based on reasonable cause reported
by a reliable informant or on his/her own findings, the SO concerned
or the CPPO himself/herself shall conduct or require the SO 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.
Report: Violation of Condition. —After the completion of the fact-
finding investigation, the SO shall prepare a violation report thereon
containing his/her findings and recommendations and submit the
same to the CPPO for review and approval.
Thereafter, said 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 SO concerned and
duly approved by the CPPO for the court's resolution.
Arrest of Erring Probationer. — After having duly considered the
nature and gravity of such reported violation based on the submitted
Report, the Trial Court may issue a warrant for the arrest of the
probationer for serious violation of his/her probation condition.

Hearing of the Violation of Probation. — Once arrested and

detained, the probationer shall immediately be brought before the Trial
Court for a summary hearing of the violation charged.
The probationer shall have the right to be informed of the violation
charged and to adduce evidence in his/her 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.
 DISPOSITION: EFFECT OF
REVOCATION: REMEDY
a) After a serious violation of a probation condition has been
established in the hearing, the Trial Court may order
probationer’s continuance of probation, modification of his/her
probation conditions or revocation of the probation.
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/her case for which he/she applied for
probation.
c) A court order modifying the probation conditions as in Sec. 44
of this Rules or revoking probationer's probation shall not be
appealable. However, it may be correctible by certiorari
pursuant to the pertinent provisions of the Rules of Court.
Right to Counsel. — In the hearing for violation of probation
conditions, the probationer shall have the right to counsel of
his/her own choice or to request that a counsel be appointed if
the probationer cannot obtain counsel.

Representation for the State. — For the prosecution of violation

of probation condition(s), the State shall be represented by the
proper prosecuting officer.
 EARLY TERMINATION
Coverage.
The following probationers may be recommended for the early
termination of their probation period:
a) Those who are suffering from serious physical and/or mental
disability such as deaf mute, the lepers, the crippled, the blind, the
senile, the bedridden, and the like;
b) Those who do not need further supervision

Provided, That the probationers involved have already served

one-third (1/3) of the imposed period of probation: and provided
further, that, in no case shall the actual supervision period be less
than six (6) months.
c) Those who have:
(i) To travel abroad due to any of the following:
(1) An approved overseas job contract or any other similar documents;
(2) An approved application for scholarship, observation tour or study
grant for a period not less than six (6) months;
(3) An approved application for immigration; or
(4) An approved application to take the Bar and/or Board
Examinations.

(ii) 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.
 PROBATION AIDES (PD 968)
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.
 CASELOAD (PD 968)
(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.
 VOLUNTEER PROBATION ASSISTANTS
(RA 10707)
Qualifications: —Volunteer Probation Assistant (VPA) must be:
a) Citizens of good repute and probity, who have the willingness,
aptitude and capability to act as VPAs;
b) Preferably twenty- five (25) years old and above;
c) Preferably a resident of the same community as the client;
d) Willing to serve without compensation;
e) Capable to prepare reports;
f) No criminal conviction, however, former clients with exemplary
behavior fit to be role models may be considered; and
g) Of good health.
Caseload — VPAs shall supervise Eighty Percent (80%) of the
clients. The maximum caseload of each VPA shall be 5 clients
(1:5).

Allowance — VPAs shall not receive any regular

compensation except for reasonable transportation and
meal allowance for services rendered as VPA in handling
supervision cases, as approved by the Department of Budget
and Management.
Appointment: Term of Office
a) Volunteer Probation Assistants shall be appointed by the
Probation Administrator or through the recommendation of the
Regional Director endorsed by the CPPO/OIC within their
respective areas of jurisdiction.
b) Volunteer Probation Assistants so appointed may hold office
during good behavior for a term of two (2) years, renewable at
the end of each term as endorsed by the CPPO/OIC
recommended by the Regional Director to the Administrator.
c) The term of office shall commence on the date of his/her
appointment.
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.
 TERMINATION OF THE PROBATION
SUPERVISION CASE (PPA Omnibus Rules on
Probation Methods and Procedures)
Grounds. — 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 49a(i-iii) of these
Rules;
c) Death of the probationer;
d) Early termination of probation; or
e) Other analogous cause(s) or reason(s) on a case-to-case
basis as recommended by the Probation Office and approved by
the Trial Court.
Termination Report. — The Probation Office shall submit to the
Trial Court a Probation Officer's Final Report (PPA Form 9) five
(5) days before the expiration of the period of probation (NEW)

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 (OLD)
 LEGAL EFFECTS OF FINAL DISCHARGE:
TERMINATION ORDER (PD 968)
(a) The final discharge of a probationer shall operate to restore to
him all civil rights lost or suspended as a result of his conviction
and to fully discharge his liability for any fine imposed as to the
crime or offense for which probation was granted without
prejudice to his civil liability. It is hereby understood that, the
probationer's political rights are not lost or suspended even
during the probation period.
(b) The probationer and the probation office shall be promptly
furnished with copies of such final discharge or Termination
Order.
 LEGAL EFFECTS OF FINAL DISCHARGE:
TERMINATION ORDER (RA 10707)
(a) Upon satisfactory compliance with the terms and conditions of
probation, the probationer is entitled to a final discharge from
probation by the court. His/her final discharge shall operate to
restore all civil and political rights lost or suspended as a result of
conviction, and to totally extinguish his/her criminal liability
as to the offense for which probation was granted.

(b) The probationer and the probation office shall be promptly

furnished with copies of such final discharge or termination order.
CLOSING OF THE PROBATION CASE (PPA
Omnibus Rules on Probation Methods and
Procedures)
Reckoning Period. — After actual receipt of the Termination
Order finally discharging the probationer, the Probation Office
shall formally close the probation case and keep client's case file.

Mode. — Immediately after such closure of the probation case,

the corresponding probation records shall be archived, but
not after the proper reporting is done.
 THE PROBATION ADMINISTRATION
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.

Probation Administrator. - 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.

Assistant Probation Administrator. - There shall be an Assistant

Probation Administrator who shall assist the Administrator and perform such
duties as may be assigned to him by the latter and as maybe 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.
REGIONAL PROBATION OFFICER AND ASSISTANT
REGIONAL PROBATION OFFICER
- APPOINTED BY THE PRESIDENT AND
RECOMMENDED BY SECRETARY OF JUSTICE

PROVINCIAL AND CITY PROBATION OFFICER

– APPOINTED BY THE SECRETARY OF JUSTICE AND
RECOMMENDED BY THE ADMINISTRATOR
 “VOLUNTARY SUBMISSION
PROGRAM”
Is an intervention activity whereby any drug dependent or
any person who violates Sec. 15 of RA 9165, either by himself or
through his parents, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, shall apply to the Board or its
duly recognized representative, for treatment and rehabilitation.
By virtue of such application, the Board or its duly
recognized representative shall refer the matter to the Court
which shall order that the applicant be examined for drug
dependency by a DOH accredited physician.
If the result is positive, the Court shall issue an order for
him to undergo treatment and rehabilitation in a center
designated by the Board for a period of not less than six (6)
months.
 However, in the absence of a center near or accessible to
his residence or where such drug dependent is below 18 years
of age, and a first-time offender, and non-confinement will not
pose serious danger to his family or the community, the drug
dependent may be placed under the care of the DOH-accredited
physician.

A drug dependent discharged as rehabilitated from the

center shall be criminally exempt under Sec. 15 provided he
satisfies the requirements under Section 55 of the Act.
 PROCLAMATION NO. 405
DECLARING JULY 18 TO 24, 1994 AND EVERY YEAR
THEREAFTER AS PROBATION AND PAROLE WEEK

NOW, THEREFOR, I, FIDEL V. RAMOS, President of the

Philippines, by virtue of the powers vested in me by law, do
hereby declare the period from July 18 to 24, 1994 and every
year thereafter as Probation and Parole Week to be observed
throughout the country.
PAROLE AND
EXECUTIVE
CLEMENCY
 MEANING OF PAROLE
It is a French word “Parole D Honeur” and is used in the
sense of word of honor or promise. Thus, the implication is that
the released prisoner would give his honor and that he would
abide by the terms of his conditional release.
 HISTORICAL BACKGROUND OF
PAROLE
Parole as a penal practice is part of the reformatory idea
which originated in the dim historical part in Europe.
Among the practices in the 17th and 18th centuries was the
conditional pardon granted to indentured servants transported to
the American colonies.
 NAMES TO REMEMBER IN THE
HISTORY OF PAROLE
CAPT. ALEXANDER MACONOCHIE – (England) became the
Governor/ Supt. of Norfolk Island, a penal colony in the east of
Australia and initiated the famous “Mark System”. - FATHER OF
PAROLE (IN AUSTRALIA)
DR. S.G. HOWE OF BOSTON - first man to use the word
“parole”, he used the word in a letter to a prison Association of
New York in 1869, after some American Prison Reformers who
observed that the Irish Prison System paved the way for the
approval of the law creating Elmira Reformatory.
ZEBULON R. BROCKWAY- Superintendent of Elmira
Reformatory, compulsorily developed parole which soon spread
to other states in the U.S.A - FOUNDER OF PAROLE IN USA
SIR WALTER CROFTON - remedied and perfected the failure and
drawbacks in the Mark System. He introduced the Irish System and
was appointed as the Director of Irish Prison System. - FOUNDER
OF PAROLE IN IRELAND

4 STAGES OF IRISH SYSTEM

I. The first stage of the Irish system was solitary confinement for
nine months at a certain prison;
II. The second stage was an assignment to the public works at
Spike Island. The prisoner worked his promotion through a series of
the grades according to a mark system;
III. In the third stage the prisoner without custodial supervision was
exposed to ordinary temptations of freedom; and
IV. The final stage was the release on supervision under conditions
equivalent to present day parole.
 PAROLE IN THE PHILIPPINES
Act. 4103- Otherwise known as the “Indeterminate Sentence law”
(Took effect on December 5, 1933) Board of Indeterminate Sentence

Amended Executive Order 83, series of 1937

-Gave the Board the authority to advice the Chief executive on the
course or courses of action to take on petitions for executive
clemencies.
- It renamed the Board of Indeterminate Sentence to BOARD OF
PARDONS

Amended by Executive Order 94, otherwise known as “The

Reorganization Law of 1947” which abolished the Board of Pardons
and created the Board of Pardons and Parole

BPP Resolution No. 229 dated April 2, 1991 “Authority of

Regional Probation and Parole Officers” to conduct Pre-Parole
Investigation.
 BOARD OF PARDONS AND PAROLE
The Board of Pardons and Parole was created pursuant to Act
No. 4103, as amended. It is the intent of the law to uplift and
redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal
liberty.
It grants parole and recommends to the President the grant
of any form of executive clemency to deserving prisoners or
individuals.
It reviews reports submitted by the Parole and Probation
Administration (PPA) and make necessary decisions.
It is a functional unit under the Department of Justice.
 SEC 3 ACT NO 4103
Composition of BPP (5 members)
Chairman
Secretary of Justice

4 Members
Sociologist - Clergyman/Educator – Psychiatrist - Woman

Appointing Authority:
President of Philippines
Consent from COA

Term: 6yrs
 EXECUTIVE ORDER NO. 154, S. 2002
CHAIRMAN: Secretary of Justice or his representative (full-time)
6 members: (full-time)
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.
 EXECUTIVE ORDER NO. 868, S. 2010
HEAD: CHAIRMAN (Rank: Undersecretary)
Assisted by 7 members: (Rank: Privileges as an Assistant Secretary)
sociologist,
a clergyman,
an educator,
a person with training and expertise in correction work,
a member of the Philippine Bar,
a retired member of the Judiciary,
and the Administrator of the Parole and Probation Administration, as ex-
officio member,

Note: One must be a woman

Appointed by: President
Recommended by: Secretary of Justice
Term of office: 6 years (serve full-time)
 EXECUTIVE CLEMENCY
➢Is a disposition of the President to show mercy, especially
toward an offender or enemy. It is granted for the purpose of
relieving the harshness of the law or correcting mistakes in the
administration of justice.
➢Under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted
individual.
➢In the United States, clemency is granted by a governor for
state crimes and by a president for federal crimes.
 CONSTITUTIONAL BASIS:
ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
➢Except in cases of impeachment, or as otherwise provided in
this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures,
after conviction by final judgment. He shall also have the power
to grant amnesty with the concurrence of a majority of all the
Members of the Congress.
CLEMENCY CAN TAKE ONE OF FOUR
FORMS
• REPRIEVE
• COMMUTATION OF SENTENCE
• PARDON
• AMNESTY
 PARDON
It 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 that the law
inflicts for a crime he has committed.
Pardoning power is exercised by the President.
 GENERAL TYPES OF PARDON
1. Special Pardon – Pardon given to a single individual.
2. General Pardon - pardon given to classes or group of people.
 KINDS OF PARDON
“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;

“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;
 CRISTOBAL VS LABRADOR
In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme
Court laid down the doctrine that the absolute pardon removes
all that is left of the consequences of conviction, and that it is
absolute in so far it restores the pardonee to full civil and
political rights.

In another case, the supreme Court reiterated the doctrine

laid down on the Cristobal vs. Labrador case and elucidated
further that “ an absolute pardon not only blots out the crime but
removes all disabilities resulting from the conviction; and that
when granted after the term of imprisonment has expired,
absolute pardon removes all that is left of the consequences of
conviction.” (Polobello vs. Palatino, 72 Phil.441 )
 EFFECTS OF PARDON
1) It removes penalties and disabilities and restores full civil
and political rights;
2) It does not discharge the civil liability of the convict to the
individual he has wronged as the President has no power to
pardon a private wrong;
3) It does not restore offices, property or rights vested in
others in consequence of the conviction.
Under our law, a pardon shall not work the restoration of
the right to hold public office or the right of suffrage unless such
rights be expressly restored by the terms of the pardon.
 LIMITATIONS /DISQUALIFICATION UPON
THE PARDONING POWER
1) It may not be exercised in impeachment cases;
2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) In case of violation of election law or rules and regulations, no pardon, parole
or suspension of sentence may be granted without the recommendation of the
Commission on Elections;
5) It may not be exercised during pendency of case or trial or during appeal
6) Violation of Art. 157 – evasion of service of sentence for 1 year from the time of
recommitment; and
7) It cannot be exercised in cases of violations of tax laws. It is an elementary
principle in political law that pardon can only be given after final conviction.
Cases pending trial or on appeal are still within the exclusive jurisdiction of the
courts; hence, pursuant to the theory of separation of powers, the Chief Executive
has no jurisdiction over the accused.
Prisoners who escaped or evaded service of sentence are not eligible
for executive clemency for a period of one (1) year from the date or their last
recommitment to prison or conviction for evasion of service of sentence
 COMMUTATION OF SENTENCE
Reduction or lowering, shortening of sentence
- an executive clemency changing a heavier sentence to a less
serious one, or a longer prison term to a shorter one
- granted by the president with the recommendation of the BPP
- granted after conviction but do not erase the fact of conviction
of the person
- granted with condition of maintaining good behavior
 REPRIEVE
Refers to the deferment of the implementation of the
sentence for an interval of time; it does not annul the sentence
but merely postpones or suspends its execution. The
postponement / withholding or temporary stay of the
execution of a death sentence

A temporary stay of the execution of the sentence. Like

pardon, the President can only exercise reprieve when the
sentence has become final. Generally, reprieve is extended to
death penalty prisoners. The date of the execution of sentence is
set back several days to enable the Chief Executive to study the
petition of the condemned man for commutation of sentence or
pardon.
 WHEN A DEATH SENTENCE MAY BE
SUSPENDED?
Death sentence shall be suspended when the accused is:
1. A woman, while pregnant;
2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a
person over 70 years old is necessary to give the President time
to act because only the President can reduce the sentence.
5. In cases wherein, a convicted prisoner became insane before
the actual date of execution.
 AMNESTY

An act of the sovereign power granting oblivion or general

pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political
character, such as treason, sedition or rebellion
Also known as General Pardon or Blanket Pardon
 Amnesty, from the Greek stem amnestia, meaning to
forget, is an act of the legislature whose aim is to erase an
accomplished fact which would otherwise be punishable,
and so either to prevent or to stop legal action or as the case
may be, to erase any sentence. Amnesty laws have their own
particular characteristics: they are by definition retroactive, since
they can only apply to acts committed before they are passed.
Their application is always a matter of public concern.
 DISQUALIFICATION FOR AMNESTY
1. Proclamation No. 75 made clear that the amnesty "shall not cover
rape, acts of torture, crimes against chastity and other crimes
committed for personal ends."
Rules, procedures, and further requirements to implement
Proclamation No. 75 were contained in Circular No. 1 of the DND
Amnesty Committee.
It included a condition where the applicant should have an
"express admission" of participation and guilt, and a "recantation of
all previous statements" that are not consistent with the admission.
2. Cannot also be granted in cases of impeachment
3. Cannot be applied to cases of violation of election laws without
favorable recommendation from the COMELEC
4. Cannot be granted in cases of RA 9745 or anti torture law.
5. Cannot be extended to cases of civil and legislative contempt
 EFFECTS OF AMNESTY
1. Looks Backward: Extinguishes Criminal Liability
- Amnesty totally extinguishes criminal liability and produces total
oblivion.

2. Restore Civil and Political Rights

- Amnesty restores all the civil and political rights lost due to
criminal and other actions or proceedings as a product of
conviction.
The Philippines had issued two amnesty proclamations in the
past.
PRESIDENTIAL PROCLAMATION NO. 51
Pres. Manuel Roxas amnestifying those who collaborated
with the Japanese during WWII.

PRESIDENTIAL PROCLAMATION NO. 76

Pres. Elpidio Quirino extending amnesty to leaders and
members of the Hukbo ng Bayan Laban sa Hapon
(HUKBALAHAP) or Huk and Pambansang Kaisahan ng mga
Mambubukid (PKM)
REVISED RULES AND
REGULATIONS
OF THE BOARD OF
PARDONS AND
PAROLE
 EXECUTIVE CLEMENCY
(REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE )

Review of Cases for Executive Clemency. — Petitions for

executive clemency may be reviewed if the prisoners meet
the following minimum requirements:
 FOR COMMUTATION OF SENTENCE
1. 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;
 FOR CONDITIONAL PARDON
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.
 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.

For absolute pardon ten years must have elapsed from

the date of the release of petitioner from confinement or five
years from the date of expiration of his maximum sentence
whichever is more beneficial to him.
 PAROLE

Review of Cases for Parole. — Unless otherwise disqualified

under Section 15 of these Rules, a case for parole of a prisoner
shall be reviewed upon a showing that he is confined in prison or
jail to serve an indeterminate sentence, the maximum period of
which exceeds one (1) year, pursuant to a final judgment of
conviction and that he has served the minimum period of said
sentence.
 DISQUALIFICATION FOR PAROLE
The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’état;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters; e. Those who
are habitual delinquents i.e. those who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa and falsification, are found guilty of any of said crimes a third
time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those
with definite sentence;
i. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
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.

NOTE:
The Municipal, City, District and Provincial Jail Wardens have the
obligation to transmit to the Director of Prisons all pertinent
records of prisoners in jails 30 days before the expiration of such
prisoner’s minimum sentence. The Director of Prisons shall
submit to the Board for its consideration within 15 days after
receipt of aforestated records.
 REFERRAL OF PETITION FOR EXECUTIVE
CLEMENCY/PAROLE TO OTHER GOVERNMENT
AGENCIES
A petition for executive clemency shall be referred by the Board to the
Secretary of National Defense for comment and recommendation
if the crime committed by the petitioner is against national security or
public order or law of nations. In case of violation of election laws,
rules and regulations, a petition for executive clemency/parole shall be
referred to the Commission on Elections for favorable
recommendation, provided, however, that regardless of the crime
committed, a petition for executive clemency/parole may be
referred for a pre-parole/executive clemency investigation to a
Probation and Parole Officer who shall submit a report on the
behavior, character antecedents, mental and physical condition
of the petitioner within thirty (30) days from receipt of referral, to
include the results of the National Bureau of Investigation records
check. In case of an alien, the petition shall be referred to the
Department of Foreign Affairs for comment and recommendation.
 PROCEEDINGS OF THE BOARD
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.
 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 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.
Meetings. — The Board shall meet in executive session regularly
or upon the call of the Chairman.

Quorum. — A majority of all the members of the Board shall

constitute a quorum.

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
 PAROLE SUPERVISION
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
(DISCHARGE ON PAROLE), subject to the provisions of Section 6 of Act
No. 4103 with respect to the early grant of Final Release and Discharge.
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.

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.

Mandatory Conditions of Supervision. — It shall be mandatory for a

client to comply with the terms and conditions appearing in the
release document.
 TRANSFER OF RESIDENCE

A client may not transfer from the place of residence

designated in his Release Document without the prior written
approval of the Regional Director subject to the confirmation
by the Board.
 OUTSIDE TRAVEL
A Chief Probation and Parole Officer may authorize a
client to travel outside his area of operational jurisdiction for a
period of not more than thirty (30) days.
A travel for more than 30 days shall be approved by the
Regional Director
 TRAVEL ABROAD AND/OR WORK
ABROAD
Any parolee or pardonee under active
supervision/surveillance who has no pending criminal case in any
court may apply for overseas work or travel abroad. However,
such application for travel abroad shall be approved by the
Administrator (PPA)and confirmed by the Board.
 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.
INFRACTION/VIOLATION OF THE TERMS AND
CONDITIONS OF THE RELEASE DOCUMENT
“Progress Report” refers to the report submitted by the
Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision; 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

“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. The report
shall be called Infraction Report when the client has been
subsequently convicted of another crime.
Arrest of Client. — Upon receipt of an Infraction Report, the Board
may order the arrest or recommitment of the client.

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.

Cancellation of Pardon/Parole. — The Board may recommend the

cancellation of the pardon or cancel the grant of parole of a client if it
finds that material information given by said client to the Board, either
before and after release, was false, or incomplete or that the client
had willfully or maliciously concealed material information from the
Board.

Review of Case of Recommitted Parolee. — The Board may consider

the case of a recommitted parolee for the grant of a new parole after
the latter shall have served one-fourth (1/4) of the unserved portion of
his maximum sentence.
 TERMINATION OF PAROLE AND
CONDITIONAL PARDON SUPERVISION
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.
 -END-

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