UNIVERSITY OF NORTHERN PHILIPPINES

College of Criminal Justice Education

CA 2- NON-INSTITUTIONAL CORRECTION

CHAPTER I

THE CORRECTION PILLAR

CORRECTION – The branch of the administration of Criminal Justice charged with the responsibility for
the custody, supervision and rehabilitation of convicted offenders. The dual purposes of Correction are:
(1) to punish and (2) to rehabilitate the offender.

THE TREATMENT PROGRAMS

• The Philippine Prison System adopted two approaches in treating criminal offenders. These are the
Institution-Based Treatment Programs and the Community-Based Treatment Programs.
1. INSTITUTION-BASED TREATMENT PROGRAMS
➢ Refers to that method of correcting sentenced offenders having them go to prison or
places of confinement.
• Prison Education
• Work Programs
• Religious Services in Prison
• Recreational Programs
• Medical and Health Services
• Counseling and Casework

2. COMMUNITY-BASED TREATMENT PROGRAMS

➢ Are those programs 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.

Community-based corrections are non-institutional based corrections which are being considered as the
best alternative for imprisonment. It is a non-incarcerate system of correction. It is described as a
method of rehabilitating convicted felons without a need of placing them into jails or prison facilities. It
is likewise referring to any sanctions in which convicts serve all or a portion of their entire sentence in
the community. Community based correction is a program which deal with supervised rehabilitation of
convicts within the community.

The idea behind non-institutional correction programs is that, most convict ca be effectively held
accountable for their crimes at the same time that they can fulfill legitimate living standards in the
community. Most convicts do not pose an imminent danger to themselves or to others and can remain
in the community to maintain relationships.

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Community-based Correction Programs
1. Probation- Is a disposition, under which a defendant after conviction and sentence, is released
subject to the conditions imposed by the court and to the supervision of a probation officer.
2. Parole- A conditional release from prison of a convicted person upon service of the minimum of
his indeterminate penalty.
3. Pardon- A form of executive clemency which is exercise exclusively by the Chief Executive.
Pardon may be given conditionally (conditional pardon) or unconditionally (absolute pardon).
For the purpose of Non-Institutional Correction, it is the conditional pardon with parole
conditions is under consideration.

Entities of the Government task for providing Community-based Correction

1. Parole and Probation Administration (PPA)- Conduct investigations of all cases in relation to
parole, probation and pardon. Also responsible for the supervision of all parolees, probationers
and conditional pardon grantees.
2. Board of Pardon and Parole (BPP)- Authority in granting parole. Also responsible for
recommending the grant of pardon and executive clemency to the president.
3. Department of Social Welfare Development- Handle cases of Child in Conflict with the Law
(CICL).

Benefits of Community-based Corrections

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

PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED TREATMENT OF PRISONERS:

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.

RESTORATIVE ASPECT
• These 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.

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MANAGERIAL ASPECT
• Managerial skills are special importance because of the sharp contrast between 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.

CHAPTER II

HISTORY OF PARDON, AMNESTY, PAROLE AND PROBATION

ORIGIN OF DEVELOPMENT OF PAROLE

In Europe, two persons who are administrators in the early 19th century contributed to the
development of parole and they are Menthesinos of Spain and Abermanior, a German. But it was
Captain Alexander Maconochie, penal superintendent at Norfolk Island colony, Australia, who in 1840
originated the use of ticket of leave, or conditional release equivalent to parole. Alexander Maconochie
was then called the “Father of Parole”.

PAROLE IN AMERICA
It is said that the first man to use the word “Parole” was Dr. S. G. HAWE of Boston who used word in a
letter to the prison association of New York in 1846. But it was in 1869, after some American prison
reformers who observed the Irish Prison System instituted by Sir Walter Crofter that led to the approval
of the law creating the Elmira Reformatory in new York, which was inaugurated in 1876, and this famous
institution can be said to be the beginning of parole in the United States. With ZEBULON R. BROCKWAY,
as superintendent at Elmira, using the indeterminate sentence in compulsory developed parole which
soon spread to other states of the United States. By 1910, the federal government and thirty two states
had adopted the parole system. Totally, parole is being used in some form or another in almost all of the
states of the United States, as well as other countries including Philippines.

PAROLE IN THE PHILIPPINES

Parole in the Philippines is governed by the INDETERMINATE SENTENCE LAW, also known as ACT NO.
4103, Dated December 05, 1933, and this law was subsequently amended by ACT No. 4225, and later in
June 19, 1965 by Republic Act No. 4203.

HISTORY OF PROBATION

PROBATION – a term coined by John Augustus, from the Latin verb “probare” – to prove, to test.

FORERUNNERS OF PROBATION:
Note: the main reason of the forerunners of probation in trying to establish it is to mitigate the severe
penalties imposed for criminal acts.

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• Judicial Reprieve
➢ The court could temporarily suspend the execution of a sentence to allow the defendant to
appeal to the Crown for a pardon
➢ A devise that modifies the severity of the law
➢ A temporary withholding of sentence
• Benefit of Clergy
➢ A devise that softens the brutal severity of punishment that was introduced in 13 th century
➢ It simply meant that clergymen who ran afoul of the law could, on appeal, have their cases
transferred to ecclesiastical courts for disposition.
Note: In the “benefit of the clergy”, the offender is subjected first to ecclesiastical courts.

Note: King Henry II was the person in England who insisted on the compromise known as the “benefit of
the clergy”.

• Binding over for good behavior

➢ A method of suspending or deferring judgment which was developed in 14 th century
➢ Security for good behavior
➢ Also known as good aberrance, was much like modern bail
➢ The accused paid a fee as collateral for good behavior
➢ Collateral is guaranteed by property
• Release on Recognizance
➢ The direct ancestor of probation
➢ The person who stood surety had the power and duty to enforce the conditions

FOUNDERS OF PROBATION:
1. JOHN AUGUSTUS (Boston, Massachusetts). A Boston shoemaker traditionally known as initiator
of probation process. He coined the term probation and is viewed as its founder. He was later called the
“Father of Probation”. The first American probation officer who developed several features that later
became he characteristics of the probation system.

2. MATTHEW DAVENPORT HILL (Birmingham, England) – An English Lawyer who had introduced
the practice of suspending sentence and releasing the offender under supervision in England. He was
later called the “Father of Probation in England”.

3. TEODULO C. NATIVIDAD – Co-sponsored house bill no. 393 entitled “An Act Establishing
Probation in the Philippines: Providing probation Officers therefore and for Other Purposes.” He is
known as the “Father of Probation in the Philippine”. -

HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES

Presidential Decree968 which established a probation system as a less costly alternative to the
imprisonment of offenders who are likely to respond to individualized, community-based treatment

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programs is the second legislation that enforces a probation system in the country. The first legislation
was ACT NO. 4221 enacted by the Probation Officer under the Department of Justice, Led by a Chief
Probation Officer appointed by the American Governor General with the advice and consent of the U.S.
SENATE. However, because of some defects in the law Act No. 4221 was declared unconstitutional on
November 16, 1937 in the case of People vs. Vera (37 O.G. 164) ,for undue delegation of legislative
power.

In PEOPLE VS. VERA 37 O.G. 164). The constitutionality of the probation law (act no. 4221) was
challenged on three (3) grounds:

1. That said act encroaches upon the pardoning power of the chief executive/president:
2. That it constitutes an undue delegation of legislative power; and
3. That it denies the equal protection of laws. The supreme court in declaring act no. 4221
unconstitutional on November 16, 1937, held that the act was a surrender of legislative power to the
provincial boards for its application was left to their determination in providing for the salary
appropriation and also on the ground that not all provinces could afford financially to implement
probation consonant with the equal protection of law. It was considered class legislation. Under this
law probation existed only in cities and municipalities which were given appropriations for said
purpose by legislature. The first probation act stayed in the statute books for only two (2) years. the
ill-fated act was not repugnant to the 1935 constitution per se it was only the procedural framework
that was antagonistic with the constitution charter.

In 1966, HOUSE BILL NO. 393 Sponsored by then Congressman TEODULO C. NATIVIDAD and RAMON
BAGATSING tried to revive the Probation System but did not pass Congress.

PRESIDENTIAL DECREE NO. 603, otherwise known as the CHILD AND YOUTH WELFARE CODE was passed
to avail, PROBATION TO MINOR OFFENDERS. It amended Article 80 of the Revise Penal Code by raising
the age of minority to under 21 years of age at the time of the commission of the offense. The turning
point of the Probation law came in the late 1974 when the National Defense Secretary JUAN PONCE
ENRILE as concurrent chairman of NAPOLCOM created the Inter-Disciplinary Committee on crime
Prevention chaired by then commissioner TEODULO C. NATIVIDAD.

The NAPOLCOM, acting on a report submitted by the Philippine Delegation to the 5th UN CONGRESS on
the Prevention of Crime and the Treatment of Offenders, created an interdisciplinary committee tasked
with formulating a National Strategy to Reduce Crime and drafting a Probation Law. On July 22-24 1976,
the First National Conference on strategy to reduce crime was held at Camp Aguinaldo, Quezon City.
This was attended by nearly 800 delegates, guest, observers from various components of the Criminal
Justice System.

After many hearing and extensive consultations the draft decree was presented to a selected group of
369 jurist, penologist, civic leaders and Social and Behavioral Scientist and practitioners. These selected
group overwhelmingly endorsed the establishment of an ADULT PROBATION SYSTEM in the country.

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Based on said endorsement, on July 24 1976, PRESIDENTIAL DECREE NO. 968, Otherwise known as the
ADULT PROBATION LAW OF 1976, was signed into law by then PRESIDENT FERDINAND E. MARCOS. P.D.
NO. 968 establish the

PROBATION ADMINISTRATION UNDER THE DEPARTMENT OF JUSTICE (DOJ). P.D. NO. 968 seeks to afford
adult offenders what others like drug addicts and youth are already enjoying under existing laws and
what offenders in other countries have long been entitled to.

On November 1989 a new administration code transferred the function of supervising parole and
pardoned officers from trial courts to the probation administration. The code also changed the name of
the agency to Parole and Probation Administration (PPA) in order to reflect the changed made by said
law. in 1991, the PPA was assigned the new tasked of conducting pre-parole and executive clemency
investigations in all city and provincial jails and preparing pre-parole reports for the board of pardons
and parole.

AT PRESENT, Some Bills filed in Congress to extend the coverage of the Probation Law to include
offenders sentenced to twelve (12) years imprisonment instead of the present ceiling of six (6) years.
There are also move to amend or repeal P.D. No. 1990 which provides that an application for probation
shall no longer be entertained or granted if the convicted offender has appealed against conviction.

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 CHAPTER III

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,

Good Conduct Time Allowance (GCTA) – a privilege granted to an inmate, whether detained or
convicted by final judgment, entitling him to a reduction of his jail or prison term for every month of
actual detention or service of sentence as a reward for good conduct and exemplary behavior.

RULE V GOOD CONDUCT TIME ALLOWANCE (GCTA)

Section 1, Who are Entitled. –

The good conduct of the following shall entitle them to the deductions described in Section 2 hereunder
from their sentence as good conduct time allowance (GCTA) pursuant to Article 29 of the Revised Penal
Code, as amended, and to Sections 2 to 8 hereof:

a. A detention prisoner qualified for credit for preventive imprisonment for his good conduct and
exemplary behavior; and
b. A prisoner convicted by final judgment in any penal institution, rehabilitation or detention
center or any other local jail for his good conduct and exemplary behavior.

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Section 2. Deductible Good Conduct Time Allowance. –
A qualified prisoner, whether detained or convicted by final judgment, shall be entitled to the following
deductions from his sentence for good conduct:

a. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for
each month of good behavior during detention;
b. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction
of twenty-three days for each month of good behavior during detention;
c. During the following years until the tenth year, inclusive, of his imprisonment he shall be
allowed a deduction of twenty-five days for each month of good behavior during detention; and
d. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction
of thirty days for each month of good behavior during detention.

Section 3. Management, Screening and Evaluation Committee (MSEC). –

a. The Director of the BUCOR, Chief of the BJMP and Wardens of various provinces, cities, districts
and municipalities are mandated to assess, evaluate and grant time deduction to a deserving
prisoner, whether detained or convicted by final judgment, in the form of GCTA, STAL and
TASTM as prescribed by these Rules through the creation of the MSEC.
b. The composition of the MSEC shall be determined by the Director of the
BUCOR, Chief of the BJMP or Wardens of Provincial and Sub-Provincial, District, City and
Municipal Jails, respectively. Membership shall not be less than five (5) and shall include a
Probation and Parole Officer, and if available, a psychologist and a social worker.

c. The MSEC shall prepare minutes of every meeting to record each proceeding.

Section 4. Procedures for the Grunt of Good Conduct Time Allowance. – The following procedures
shall be followed in the grant of GCTA:
a. The BUCOR, BJMP and Provincial Jails shall give special considerations to satisfactory behavior of
a detention or convicted prisoner consisting of active involvement in rehabilitation programs,
productive participation in authorized work activities or accomplishment of exemplary deeds. It is
understood that in all instances, the detained or convicted prisoner must faithfully obey all prison/jail
rules and regulations;

b. The BUCOR, BJMP and Provincial Jails shall each create the MSEC or such appropriate number of
MSECs tasked to manage, screen and evaluate the behavior or conduct of a detention or convicted
prisoner;

c. After due consideration of the behavior or conduct shown by a detained or convicted prisoner,
the MSEC shall then recommend to the appropriate official the appropriate GCTA that may be credited
in favor of said prisoner ranging from the minimum of the allowable credit to the maximum credit
thereof; d. Acting on the recommendation of the MSEC, the appropriate official named in Section 1of
Rule VIII hereof shall either:

1. Approve the recommendation and issue a certification granting GCTA to the prisoner for the
particular period;

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2. Disapprove the recommendation if the prisoner recommended is not qualified to be granted the
benefit or that errors or irregularities attended the evaluation of the prisoner; or

3. Return the recommendation, without action, for corrections as regards the name, prison
number or other clerical or inadvertent errors, or for the further evaluation of the conduct or behavior
of the prisoner concerned. e. The appropriate official concerned shall ensure that GTAs are processed
each month and that there is proper recording of a prisoner's good behavior in the jail or prison records.

RULE VI SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)

Special time Allowance for Loyalty (STAL) – a privilege granted to an inmate, whether detained or
convicted by final judgment, who has evaded preventive imprisonment or service of sentence under the
circumstances cited in Article 158 of the Revised Penal Code, as amended, and surrendered to the
authorities within forty-eight (48) hours following the proclamation announcing the passing away of the
calamity or catastrophe referred to in the said article in the form of a deduction of one-fifth (1/5) from
his preventive imprisonment or service of sentence or a deduction of two-fifth (2/5) if the inmate opted
to stay in jail during the calamity.

Section 1..Special Time Allowancefor Loyalty. –

a. A deduction of one/fifth of the period of his sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or the service of his sentence under the
circumstances mentioned in Article 158 of the Revised Penal Code, gives himself up to the
authorities within fortyeight (48) hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe referred to the said article.

b. A deduction of two-fifths (2/5) of the period of his sentence shall be granted in case said
prisoner chose to stay in the place of his confinement notwithstanding the existence of a
calamity or catastrophe enumerated in Article 158 of the Revised Penal Code. Provided, that he
has not committed other offense or any act in violation of the law or the Act.

RULE VII PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Section 1.Partial Extinction of Criminal Liability. – Criminal Liability is

extinguished partially: a. By conditional pardon;

b. By commutation of sentence; and

c. For good conduct allowances which the culprit may earn while he IS undergoing preventive
imprisonment or serving sentence.

RULE VIII
OFFICIALS AUTHORIZED TO GRANT TIME ALLOWANCES Section 1. Who Grants Time
Allowances. – Whenever lawfully justified, the following officials shall grant allowances for good
conduct: a. Director of the Bureau of Corrections;

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b. Chief of the Bureau of Jail Management and Penology; and/or
c. Warden of a Provincial, District, City or Municipal Jail.

PROBATION LAW PROPER

Presidential Decree 968 – The Probation Law of 1976. Also known as the “Adult Probation Law”.

Reason for its enactment:

1. The establishment of a more enlightened and humane correctional system that will promote the
reformation of offenders;
2. Reduce the incidence of RECIDIVISM
3. To remedy the onerous drain on the financial resources of the country.
4. The need to provide a less costly alternative to the imprisonment of offenders who are likely to
respond to individualized community based treatment programs.

PROBATION – Probation as a term and as a procedure is derived from the Latin word “PROBARE”

meaning to PRAVE. Therefore, as the term Latin Etymology states, probation involves the testing of an
offender and proving that he's worth of his freedom. It is a procedure whereby the sentence of an
offender is suspended, while he is permitted to remain in the community, subject to the control of the

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court and under the supervision and guidance of probation officers. A disposition under which a
defendant, after conviction and sentence, is released subject to conditions imposed by the court and to
the supervision of probation officers.

PROBATIONER – It means a person placed on probation.

PROBATION OFFICER – It means one who investigates for the court a referral for probation or
supervises a probationer or both; and performs other related duties as directed. PETITIONER – A
convicted defendant who files a formal application for probation.

BASIC ELEMENT OF PROBATION

1. A suspension of the sentence
2. A period at trial for the offender in the community
3. The offender’s observance of the law and the adherence to the condition imposed by the court
4. The supervision of the offender by a probation officer

ESSENTIAL ELEMENTS OF PROBATION

1. A post-sentence investigation report which will serve as the informational basis for the court' s
decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Conditions of probation imposed by the court to protect public safety and to foster the rehabilitation
and reformation of the probationer.
4. Supervision, guidance and assistance of the offender by the probation officer.

PURPOSE OF PROBATION
1. To promote the correction and rehabilitation of an offender by providing him with individualized
(personalized), community-based treatment.
2. To provide an opportunity for his reformation and reintegration into the community; and
3. To prevent the commission of offenses.

GRANT OF PROBATION
Probation is a PRIVILEGE and, as such, its grant rest 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 Probation Office.

In TOLENTINO VS. JUDGE ALCONCEL – It was held: “that probation is a mere privilege and its
grant rest solely upon discretion of the court and is privilege for the benefit of society and only
incidentally for the benefit of the accused.”

In BACLAYON VS. MUTIA – The SC held that “An order placing defendant on “ probation” is NOT
a “ sentence” but is rather in effect a suspension of the impossible 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

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discharge, if the conditions of the probation are complied with, or by a final judgment of sentence if the
conditions are violated..

WHO ARE QUALIFIED FOR PROBATION?

Any sentenced offender, 18 years of age above not otherwise disqualified under PD 968 as
amended can apply for probation before serving the sentence which may either be imprisonment or a
fine with subsidiary imprisonment, or both imprisonment and fine.

ARE ALL CONVITED PERSONS WHO ARE NOT DISQUALIFIED ENTITLED TO PROBATION
AUTOMATICALLY?
NO. 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.

DISQUALIFIED OFFENDERS FOR PROBATION:

1. Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN SIX (6) YEARS;
2. Those convicted of SUBVERSION or any CRIME AGAINST THE NATIONAL SECURITY OR PUBLIC
ORDER
3. Those who were previously 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( P200.00 );
4. Those who have been ONCE on probation under the provisions of P.D. No. 968, as amended
5. Those who are already serving sentence at the time the substantive provision of the decree
became applicable pursuant to section 33 of PD 968. ( As amended by BP Blg. 76 and PD 1990, Oct. 5,
1985)

Q: HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

ANS: An offender can be granted probation once in his life time.

OBJECTIVES OF PROBATION
The Supreme Court declared that as probation provides a period of grace in order to aid in the
rehabilitation of penitent offender, taking advantage of an opportunity for reformation and thereby
abort their development into hardened criminals, the welfare of society which is its chief aim would be
enhance. In this regard, the SC stressed that the benefit of probation to the individual convicts is MERLY
INCIDENTAL. As presently enacted into PD 968 as amended, the objectives of probation are as follows:

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

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3. Prevent the commission of offense

WHEN AND WHERE TO FILE THE PETITION FOR PROBATION?

The application for probation shall be filed with the court that tried and sentenced the offender
at anytime before the imprisonment starts.

PROCEDURE
1. The defendant must file before the trial court an application for probation within 15 days after
he has been sentenced but before he begins to serve the sentence. If the defendant has been convicted
and has appealed the sentence of conviction, an application for probation cannot be entertained (PD
1990). The prosecuting officer concerned shall be notified by the Court of the filing of such application
and may submit his comments within 10 days from noticed.
2. The application should be entertained by the court by ordering the probation officer to conduct
an investigation of the offender provided he is not disqualified under the decree, while it is discretionary
with the court to grant or deny an application 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. Only thereafter shall the court resolve the application, an outright denial by
the court is a nullity correctable by certiorari.

CAN THE OFFENDER BE RELEASED WILE HIS APPLICATION FOR PROBATION IS PENDING?
YES, at the discretion of the court;

1. On the same bond he filed during the trial;

2. On a new bond; or
3. To the custody of a responsible member of the community if unable to file a bond.

CONFIDENTIAL NATURE OF THE PERSENTENCE INVESTIGATION

Nature of investigation report and supervision history of probationer - It shall be privilege and shall not
be revealed directly or indirectly except to (a) Probation administration (b) the court concerned.
Violation of confidential nature of probation records is an OFFENSE. Penalty is imprisonment from 0-61
to 6-0-0 and a fine from P600 to P6, 000.

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 seventytwo ( 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.

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PERIOD OF PROBATION
1. Not more than two ( 2 ) years if the probationer was sentence to imprisonment of one ( 1) year or
less;
2. Not more than six ( 6 ) years if the probation was sentence to imprisonment of more than one ( 1 )
year;
3. When the sentence imposed 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.

SUPERVISION IN PROBATION

EFFECT OF PROBATION ON ACCESSORY PENALTIES

Accessory penalties are DEEMED SUSPENDED once probation is granted.

THE TWO MANDATORY CONDITIONS OF PROBATION.

1. To present himself to he Probation Office concerned for supervision within 72 hoursfrom receipt
of said Order;
2. To report to the Probation Officer at least once a month during the period of probation.

SUPERVISION OF PROBATIONERS
Probationers report to their probation officer as often as indicated in the conditions of
probation. The PO sees to it that the conditions of probation as given by the court are followed.
Probationers are helped to developed themselves, to learn the skills if they do not have any , and to be
gainfully employed so they can be useful members of the society, houses visits and follow-up in their
places of work may be done if needed. The PO makes regular reports about the probationer to the
court.

VIOLATION OF PROBATION

Q: WHAT HAPPENS TO A PROBATIONER IF CONDITIONS OF PROBATION ARE VIOLATED?

1. The probation officer investigates the alleged violation and if 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; 2. There is also the possibility of arrest including criminal prosecuting of
the probationer in the event of commission of another offense. The revocation proceeding is summary.
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.

THE GROUNDS FOR REVOCATION OFPROBATION

1. Failure to comply with any condition
2. Commission of another offense.

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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?
Answer: Supreme Court ruled that conditions violated by the pardonee or parolee on judicial condition
are not necessary. Supreme Court revoked probation on the basis of a subsequent final judgment
without remaining the case to the probation.

MODES OF TERMINATIONS
1. The successful completion of program of probation.
2. Revocation for cause, or death of the probations.

TERMINATION REPORT – 30 days before the termination period.

LEGAL EFFECTS OF DISCHARGE

1. Probation shall restore to him all civil right lost or suspended as a result of the conviction.
2. Shall fully discharge his liability for any fine imposed as to the offense for which probation was
granted.

VOLUNTEER PROBATION AIDE – One must be

a. a citizen of good repute and integrity
b. at least 18 years of age
c. appointed by the Probation Administration
d. assist the Probation Officers and Assistant Probation Officers in the investigation and supervision
e. not entitled to salary but is given reasonable travel allowance.

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 PAROLE AND PROBATION ADMINISTRATION

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

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

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

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

Goals
The Administration's programs set to achieve the following goals:

 Promote the reformation of criminal offenders and reduce the incidence of

recidivism, and
 Provide a cheaper alternative to the institutional confinement of first-time
offenders who are likely to respond to individualized, community-based
treatment programs.

Functions

Parole and probation offices performs the following functions:

 to administer the parole and probation system

 to exercise supervision over parolees, pardonees and probationers
 to promote the correction and rehabilitation of criminal offenders

CORE VALUES

Performance
Efficient and effective accomplishment of tasks and targets, beginning with individual officials and
employees and throughout all units in the organizational hierarchy, linked coherently and progressively
toward the Agency Mission, Vision and strategic goals.

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 Teamwork - Working together to achieve shared goals.
Resourcefulness and Innovativeness-Exploring resources with ingenuity, optimizing
opportunities with creativity.

Professionalism- High level of proficiency on the job resulting from mastery and conscientious
application of appropriate knowledge and skills, honed by sound judgment, self-discipline and unceasing
striving for excellence, and founded on a code of conduct that respects the dignity of clients and
fellowman.

Role Modeling-Serving and inspiring by example.

Professional Excellence-Achieving high standards for ethical and quality service.

Accountability
Inherent obligation of every official and employee to answer for decisions, actions
and results within his/her authority, including proper and effective utilization of
resources in support of Agency policies and programs, with timely, complete and accurate disclosure in
required reports.

Responsibility- Achieving expectations, answering for results.

Honesty and Integrity- Being upright and transparent in transactions and relations.

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

ADMINISTRATIVE OBJECTIVES

1. To optimize operations through:

a. maximum functioning of existing units according to their respective duties.

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

Additional Function under RA 9165

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

The PPA Administrator

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

Assistant PPA Administrator

There shall be an Assistant Probation Administrator who shall be appointed by him by the PPA
Administrator and may be provided by law. In the absence of the Administrator, he shall act as head of
the PPA.

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Qualifications of the PPA Administrator and Assistant Administrator

1. At least 35 years of age

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

Other PPA Officers

Regional Parole and Probation Offices (RPPO) - The RPPO shall be headed by Regional Probation Officer
who shall be appointed by the President upon the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officers within
his jurisdiction and such duties as may be assigned to him by the Administrator. Whenever necessary, he
shall be assisted by an Assistant Regional Probation Officer who shall also be appointed by the President,
upon recommendation of the Secretary of Justice.

Provincial and City Probation Officers - There must be at least one probation officer in each province
and city who shall be appointed by the Secretary of Justice upon recommendation of the Administrator
and in accordance with the civil service law and rules. The Provincial and City Probation Officers shall
exercise the following duties:

1. Investigate all persons referred to him for investigation by the proper court or the Administrator;
2. Instruct all probationers under his supervision or that of the probation aide on the terms and
conditions of their probation;
3. Keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;
4. Maintain a detailed record of his work and submit such written reports as may be required by the
Administration or court having jurisdiction over the probationer under his supervision;
5. Prepare a list of qualified residents of the province or city where he is assigned who are willing to act
as probation aides;
6. Supervise the training of probation aides and oversee the latter's supervise of probationers;
7. Exercise supervision and control over all field assistants, probation aides and other personnel; and
8. Perform such duties as may be assigned by the court or the Administration.

Field Assistants, Subordinate Personnel -Regional, Provincial, or City Probation Officers shall be assisted

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by such field assistants and subordinate personnel as may be necessary to enable them to carry out
their duties effectively. (Section 27 of PD 968 as amended by RA No. 10707)

Qualifications of Regional, Assistant Regional, Provincial and City Probation Officers

No person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless
possesses the following qualifications:

1. At least a bachelor's degree with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, police administration, or related fields:
2. At least three (3) years of experience in work requiring any of the above-mentioned disciplines, or is
a member of Philippine Bar with at least three (3) years of supervisory experience.

Note:
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work (Section 25 of PD 968 as
amended)

Power to administer oaths, to take depositions and be considered as Person in Authority (Section 4 of
RA 10707)

"SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers-the Regional,
Provincial or City Probation Officers shall have the 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. They shall be considered as persons in authority."

Volunteer Probation Assistants (VPAs) (Section 6 of RA 10707)

"SEC. 28. Volunteer Probation Assistants (VPAs). - To assist the Chief Probation and Parole Officers in the
supervised treatment program of the probationers, the Probation Administrator may appoint citizens of
good repute and probity, who have the willingness, aptitude, and capability to act as VPAs.

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

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

"There shall be a reasonable number of VPAs in every regional, provincial, and city probation office. In
order to strengthen the functional relationship of VPAs and the Probation Administrator, the latter shall
encourage and support the former to organize themselves in the national, regional, provincial, and city
levels for effective utilization, coordination, and sustainability of the volunteer program."

RESTORATIVE JUSTICE (RJ)

It 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

20
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.

According to John Braithwaite, restorative justice is a process where all stakeholders affected by an
injustice have an opportunity to discuss how they have been affected by the injustice and to decide
what should be done to repair the harm. With crime, restorative justice is about the idea that because
crime hurts, justice should heal. It follows that conversations with those who have been hurt and with
those who have inflicted the harm must be central to the process.

Dr. Carolyn Boyes-Watson (2014) at Suffolk University's Center for Restorative Justice defines restorative
justice as a growing social movement to institutionalize peaceful approaches to harm, problem-solving
and violations of legal and human rights. These range from international peacemaking tribunals such as
the South Africa truth and Reconciliation Commission to innovations within the criminal and juvenile
justice systems, schools, social services and communities. Rather than privileging the law, professionals
and the state, restorative resolutions engage those who are harmed, wrongdoers and their affected
communities in search of solutions that promote repair, reconciliation and the rebuilding of
relationships.

Restorative justice seeks to build partnerships to reestablish mutual responsibilities, for constructive
responses to wrongdoing within our communities. Restorative approaches seek a balanced approach to
the needs of the victim, wrongdoer and community through processes that preserve the safety and
dignity of all.

Comparing Restorative Justice from Traditional Criminal Justice

RESTORATIVE JUSTICE TRADITIONAL CRIMINAL JUSTICE

 Who has been hurt?  What laws have been broken?
 What are their needs? Whose obligations are these?  Who did it?
 What are the causes?  What do the offender(s) deserve?
 Who has a stake in the situation?
 What is the appropriate process to involve
stakeholders in an effort to address causes and put
things right?

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".

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 are 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.

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 PAROLE

PAROLE - It consists in the suspension of the sentence of a convict after serving the minimum of the
sentence imposed without granting a pardon, prescribing the terms upon which the sentence shall be
suspended. It is a procedure by which prisoners are selected for release on the basis of individual
response and progress within the correctional institution and a service by which they are provided with
necessary controls and guidance as they serve the reminder of their sentences within the free
community.

Parole is just like conditional pardon. It refers to the conditional release of a convict from a correctional
institution after he serves the minimum term of his prison sentence. It does not have the effect of
extinguishing the criminal liability of the convict.

“PAROLE” - Parole is a French word and is used here in the sense of word of honor. Thus, the implication
was that the prisoner would give his word (or word of honor) that he would abide by the term of his
conditional releases.

Parole is also described as a method of selectively releasing an offender from institution prior to
completion of his maximum sentence, subject to conditions specified by the paroling authority.

PAROLE ADMINISTRATION
Parole refers to the conditional release of a offender from a penal or correctional institution
after he has served the minimum period of his prison sentence under the continued custody of the State
and under conditions that permit his reincarnation if he violates a condition for his release.

ESSENTIAL ELEMENTS OF PAROLE

1. that the offender is convicted;
2. the he serves part of his sentence in prison;
3. the he is released before the full expiration of his sentence;
4. that said release is conditional, defending on his good behavior; and 5. that he remains on parole
until the expiration of his maximum sentence.

OBJECTIVES OF PAROLE
1. To uplift and redeem valuable human resources material to economic usefulness;
2. To prevent unnecessary and excessive deprivation of personal liberty.

ELIGIBLE FOR PAROLE

A prisoner is eligible for the grant of parole unless otherwise disqualified upon showing that is confined
in a jail prison to serve indeterminate prison sentence, the maximum period of which exceeds one ( 1 )

22
year, pursuant to a final judgment of conviction and that he has serve the minimum period of said
sentence less the good conduct time allowance earned.

Principles of Parole

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

Other terms to remember

 Carpeta – refers to the institutional record of an inmate which consists of his

mittimus or commitment order issued by the court after conviction, the prosecutor's
information and the decisions of the trial court and appellate court, if any; certificate
of non-appeal, certificate of detention and other pertinent documents of the case.
 Parole Supervision -refers to the supervision/surveillance by Probation and Parole Officer of a
parolee.
 Parolee – refers to a prisoner who is released on parole
 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
 Release Document – refers to the "Discharge on Parole" issued by the Board of Pardons and
Parole.

ORIGIN OF DEVELOPMENT OF PAROLE

In Europe, two persons who are administrators in the early 19th century contributed to the
development of parole and they are Menthesinos of Spain and Abermanior, a German. But it was
Captain Alexander Maconochie, penal superintendent at Norfolk Island colony, Australia, who in 1840
originated the use of ticket of leave, or conditional release equivalent to parole. Alexander Maconochie
was then called the “Father of Parole”.

PAROLE IN AMERICA
It is said that the first man to use the word “Parole” was Dr. S. G. HAWE of Boston who used word in a
letter to the prison association of New York in 1846. But it was in 1869, after some American prison
reformers who observed the Irish Prison System instituted by Sir Walter Crofter that led to the approval
of the law creating the Elmira Reformatory in New York, which was inaugurated in 1876, and this
famous institution can be said to be the beginning of parole in the United States. With ZEBULON R.

23
BROCKWAY, as superintendent at Elmira, using the indeterminate sentence in compulsory developed
parole which soon spread to other states of the United States. By 1910, the federal government and
thirty-two states had adopted the parole system. Totally, parole is being used in some form or another
in almost all of the states of the United States, as well as other countries including Philippines.

PAROLE IN THE PHILIPPINES

Parole in the Philippines is governed by the INDETERMINATE SENTENCE LAW, also known as ACT NO.
4103, Dated December 05, 1933, and this law was subsequently amended by ACT No. 4225, and later in
June 19, 1965 by Republic Act No. 4203.

PURPOSE: To uplift and redeem valuable human material and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness. It covers crimes punishable under the revised
code or by special law.

PAROLE ADMINISTRATION IN THE PHILIPPINES

Parole in the Philippines is administered by the Board of Pardons and Parole, who shall be composed of
the Secretary of Justice as chairman and four members to be appointed by the President with the
consent of the Commission on Appointments and shall hold office for four tears of the appointed
members, one member shall be trained sociologist, one a clergyman or educator, one psychiatrist, and
other members shall be persons qualified for the work by training and experiences. At least one member
of the board must be woman.

Cases in which the indeterminate sentence law shall not apply:

1. Offense punished by death or life imprisonment
2. Those convicted of treason (Art. 114), Conspiracy or proposal to commit treason (Art. 115)
3. Those convicted of misprision of treason (Art. 116), rebellion (Art. 134), sedition (Art. 139), or
espionage (Art. 117)
4. Those convicted of piracy (Art. 122)
5. Habitual delinquents (Art. 62, par. 5)

Note: Recidivists are entitled to an Indeterminate Sentence. Offender is not disqualified to avail
of the benefits of the law even if the crime is committed while he is on parole.

6. Those who escaped from confinement or those who evaded sentence (Art. 157)
7. Those granted conditional pardon and who violated the terms the same. (Art. 159)
8. Those whose maximum period of imprisonment does not exceed one year.
9. Those who are already serving final judgment upon the approval of the ISL.

NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL
because his confinement is not considered as imprisonment. So also, if the accused escaped from the
National Mental Hospital since his confinement as patient is not imprisonment. The law does not apply if
the penalty is destierro because that does not involve imprisonment.

Person Disqualified 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:

24
 1. Those convicted of offenses punished with death penalty of life imprisonment;
Those convicted of treason, conspiracy or proposal to commit treason or espionage,
2. Those convicted of misprision treason, rebellion, sedition or coup d' etat;
3. Those convicted of piracy or mutiny on the high seas or Philippine waters;
4. 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:
5. Those who escaped from confinement or evaded sentence;
6. Those who having been granted conditional pardon by the President of the Philippines shall
have violated any of the terms thereof.
7. Those with who maximum term of imprisonment does not exceed one (1) year or those with
definite sentence;
8. 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
9. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."

Eligibility for Review of a Parole Case

An inmate's case may be eligible for review by the board provided:

 Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1) year;
 Inmate has served the minimum period of the indeterminate sentence;
 Inmate's conviction is final and executory;

In case the inmate has one or more co-accused who had been convicted, the director/warden
concerned shall forward their prison records and carpetas/jackets at the same time.

 Inmate has no pending criminal case; and

 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.

Considerations for the Grant of Parole and Conditional Pardon

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

Special Considerations for the Grant of Parole and Conditional Pardon

1. Old age, provided the inmate is below 60 years of age when crime is committed
2. Physical disability, provided such physical disability is not present when the crime was committed

25
3. Serious illness duly certified by a government physician
4. Similar circumstances which show that the continued imprisonment will be inhuman or will pose
grave danger to the life of the petitioner.

Procedure

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

Deferment of Parole when safety compromised

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

Basic Guidelines for the Grant of Parole

The Board may grant a prisoner parole based on reports regarding the prisoner'swork and conduct and
on the study and investigation by the Board itself and its finds the following circumstances are present:

1. The prisoner is fitted by his training for release;

2. That there is a reasonable probability that, if released, he will live and remain at liberty without
violating the law; and
3. That is release will not be incompatible with welfare of society.

Rules after Grant of Parole

1. Transfer of residence -a parole may not transfer from one place of residence
designated in his release Document without the prior written approval of the regional Director
subject to confirmation of the Board.
2. Outside Travel -The Chief Probation and Parole Officer may authorize a parolee to ravel outside
his area of operational jurisdiction for a period of not more than 30 days. A travel for more than
30 days shall be approved by the Regional Director.
3. Travel Abroad and/or Work Abroad -Any parole under active supervision
surveillance who has no pending criminal case in any court may apply for travel abroad shall be
approved by the PPA Administrator and confirmed by the Board.
4. Death of the Parolee - If a parolee dies during parole supervision, the PPO shall immediately
transmit a certified true copy of the parolee's death certificate to the Board recommending the

26
 closing of the case.

Note: Absence of the death certificate of the parolee, an affidavit narrating the circumstances of the fact
of the death from the barangay chairman or any authorized officer or any immediate relative where the
parolee resided, shall suffice.

Reports to be accomplished by the Supervising PPO

1. Progress Report - when a parolee commits another offense during the period of his parole
supervision and the case filed against him has not yet been decided by the court or on the
conduct of the parolee while under supervision.
2. Infraction Report - when the parolee has been subsequently convicted of another crime.
3. Violation Report - when a parolee commits any violation of the terms and
conditions appearing in his Release Document or any serious deviation or non-
observance of the obligations set forth in the parole supervision program.
4. Summary Report - After the expiration of the maximum sentence of a parolee,
the PPO concerned shall submit to the Board, through the Chief Probation and
Parole officer, a Summary Report on his supervision of a parolee.

Notes:

 Upon the receipt of an Infraction Report, the Board may order the arrest or recommitment of
the parolee.
 The parolee who is recommitted to prison by the Board shall be made to serve the remaining
unexpired portion of the maximum sentence for which he was originally committed to prison.
 The clearances from the police, court, prosecutor's office and barangay officials shall attached to
the Summary Report.

EFFECT OF PAROLEE' S GOOD BEHAVIOR

If during the surveillance such parole prisoner shall show himself to be a law abiding citizen and
shall not violated 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 entitled him to final release and discharge.

DISCHARGE ON PAROLE
A prisoner may be granted a “Discharge on Parole” whenever the Board finds that there is a
reasonable probability that if released, the prisoner will be law-abiding and that his release will not the
interest and welfare of the society.

ORDER OF RELEASE OF THE PRISONER ON PAROLE

The Board of Pardons and Parole will order the release from confinement of a prisoner granted
parole.

PRISONERS AFTER RELEASE FROM CONFINEMENT MUST PRESENT HIMSELF

Within the period prescribed in his release document, the prisoner shall present himself to the
Parole and Probation Office specified in the release document, under the supervision of a Parole and
Probation Officer so that former may be guided and assisted towards rehabilitation.

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VIOLATION OF PAROLE CONDITIONS BY PAROLE ITS EFFECTS
When any prisoner release on parole by virtue of this act, shall, during the period of surveillances,
violate any condition of his parole, the Board of Indeterminate Sentence may issue an order for his re-
arrest which may serve 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 the prison, unless the Board of Indeterminate Sentence shall grant a new
parole to the said prisoner.

INFRACTION OF THE TERMS OF PAROLE SUPERVISION

Any infraction by a client of the terms and conditions appearing in his release document or any
serious deviation or non-observance of the obligations set in the parole supervision program shall
immediately reported by his Parole and Probation Officer to the Board.

ARREST OF THE CLIENT OF PAROLE

Upon receipt of an infraction report, the Board shall immediately order the arrest of the client of
the Parole and shall be made to serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison.

TERMINATION OF PAROLE
After the expiration of the maximum period of the sentence of a client provided, he does not
commit any infraction and the Board may, upon the recommendation of the Parole and Probation
Officer, issue a certificate of Final Release and Discharge toa Parole.

Termination of Parole Supervision

 Certificate of Final release and Discharge - upon the receipt of the Summary Report, the Board
shall, upon the recommendation of the Chief Probation and Parole Officer that the parolee has
substantially complied with all the conditions of his Release Document, issue to the parolee a
certificate of Final Release and Discharge.
 Effect of Certificate of Final Release and Discharge - Upon the issuance of a certificate of Final
release and Discharge, the parolee shall be finally released and discharge from the conditions
appearing in his release document.

Note: The accessory penalties of the law which have not been expressly remitted therein shall
subsist.

 Transmittal of Certificate of Final Release and Discharge- The board shall forward a certified true
copy of the certificate of Final Release and Discharge to the parolee, the court which imposed
the sentence, the PPO concerned, the BuCor, the NBI, the PNP, and the Office of the President.
1. Petition, contents and endorsement
2. Time and form of application
3. Transmittal of carpeta and prison records.

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 The Indeterminate Sentence Law (ISLAW)
(Act No. 4103, as amended)

The basic mandate of the Indeterminate Sentence Law is the imposition of an indeterminate sentence
which is comprised by a MINIMUM term and a MAXIMUM term. The court instead of imposing a
"straight" penalty, the court must determine two penalties. It is indeterminate in the sense that after
serving the MINIMUM, the convict may be released on parole, or if he is not fitted for release, he shall
continue serving his sentence until the end of the MAXIMUM.

Indeterminate sentence is a sentence with a minimum and a maximum term benefit of a guilty person,
who is not disqualified therefore, when the maximum penalty of imprisonment exceeds one year. It
applies to both violations of the Revised Penal Code (RPC) and Special Penal Laws (SPL).

The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness. As a rule, it is intended to favor the
accused particularly to shorten his term of imprisonment, depending upon his behavior and his physical,
mental, and moral record as a prisoner to be determined by the Board of Indeterminate Sentence.
(People v. Onate, 78 SCRA 43)

Penalties shall not be standardized but fitted as far as is possible to the individual, with due regard to
the imperative necessity of protecting the social order. (People v. Ducosin, 59 Phil 109)
Coverage of the Application:

GENERAL RULE:
All persons is in violation of RPC or SPL, are qualified for the application of Indeterminate Sentence
convicted of any crimes under Philippine courts regardless whether it

EXCEPTIONS:
Those persons specifically disqualified by law.

Application ISLAW

Violation of the Revised Penal Code

The court shall sentence the accused to an indeterminate sentence the MAXIMUM TERM of which shall
be that which, in view of the attending circumstances, could be properly imposed under the Code, and
the MINIMUM TERM which shall be within the range of the penalty next lower in degree to that
prescribed by the Code for the offense.

The maximum is the penalty imposed as provided by law, depending upon the attending circumstances.
The minimum is one degree next lower to the penalty prescribed for the offense. The latter is
determined without considering the attending circumstances to the penalty prescribed, and is left to the

29
discretion of the court. (People v. Yco, 6545, July 27, 1954)

Illustrative Example:
Homicide with one mitigating circumstance. The maximum penalty prescribed by law is Reclusion
temporal. Since there is one mitigating and no aggravating it will be in the minimum or reclusion
temporal minimum period. On the other hand, the minimum is one degree next lower to reclusion
temporal without considering the mitigating circumstance and that will be prision mayor. The range of
prision mayor will depend upon the discretion of the court. Therefore, the indeterminate penalty is a
minimum of prision mayor (within the range fixed by the court) to a maximum of reclusion temporal
minimum period.

Notes: RPC: Min (next lower to prescribed) to Max (imposable) 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

 No AC or MC: Penalty PRESCRIBED medium period

 1 AC, no MC: Penalty PRESCRIBED maximum period
 No AC, 1 MC: Penalty PRESCRIBED minimum period
 Several ACs and MCs: OFFSET then apply rules to remainder
 No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
 If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is a necessary means
for committing the other): Penalty for the MOST SERIOUS CRIME maximum period.

Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed by the RPC,
without regard to its three periods. The court has discretion to fix as the minimum term any period of
imprisonment within that penalty next lower to the penalty prescribed.

EXCEPTION:

WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT follow the aforementioned

rule. Consider the privileged mitigating circumstance FIRST before any AC or MC to get the PENALTY
PRESCRIBED and then proceed as required by the rule on deriving the minimum term. Otherwise.
he maximum of the ISLAW will end up being lower than the minimum of the ISLAW.

Violation of Special Penal 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.

Illustrative Example:
Penalty is one year to 5 years. Indeterminate sentence may be one year to 3 years or 3 years to 5 years.
SPL: 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.

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Disqualified persons:

ISLAW is not applicable to persons who are:

1. Convicted of offenses punished with death or life imprisonment.

2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.

Notes:

 Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla. 28547, Feb. 22, 1974)
 Recidivist is one, at the time of his trial for one crime, shal have been previously convicted by
final judgment of another crime embraced in the same title of the RPC. (People vs. Lagarto, G.R.
No. 65833, May 6, 1991)
 Habitual Delinquent is a person, who within a period of ten years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or
falsification, is found guilty of any of said crimes a third time or oftener. (Art. 62, RPC)

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

Note:

A minor who escaped from confinement in the reformatory is entitled to the benefits of the law
because confinement is not considered imprisonment (People v. Perez, 44 OG 3884)

5. Those who having been granted conditional pardon by the President shall have violated the
terms thereof.

6. Those whose maximum period of imprisonment does not exceed one year.

Note:
The application of which is based upon the penalty actually imposed in accordance with law.
(People v. Hidalgo, 452, Jan. 22, 1962)

7. Those already serving final judgment upon the approval of this Act (December 5, 1933).
8. Those sentenced to the penalty of destierro or suspension.

Discretion of court to fix minimum

In determining the minimum penalty, the law obligates the courts to fix the penalties with the
widest discretion that the courts have ever had. The determination of the minimum term is left entirely
within the discretion of the court to fix it anywhere within the range of the penalty next lower without
reference to the periods into which it may be subdivided This obviously applies only for offenses under
the Revised Penal Code.

Notes:

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 Whenever any prisoner shall have served the minimum penalty imposed on him, the Board of
Indeterminate Sentence may, in its discretion and in accordance with the rules and regulations
adopted thereunder, authorize the release of such prisoner on parole. If during the period of
surveillance, such parolee shall show himself to be a law-abiding citizen and shall not violate any
of the laws of the Philippines, the Board may issue a final certificate of release in his favor.
Whenever any prisoner released on parole shall, during the period of surveillance, violate any of
the conditions of his parole, the Board may issue an order for his re-arrest and shall serve the
remaining unexpired portion of the maximum sentence.

 The application of the Indeterminate Sentence Law is mandatory if the imprisonment would
exceed one year. It would be favorable to the accused. (People v. Judge German Lee, Jr., 86859,
Sept. 12, 1984)

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 OTHER FORMS OF EXECUTIVE CLEMENCY

EXECUTIVE CLEMENCY – It refers to the COMMUTATION OF SENTENCE, ABSOLUTE PARDON, AND

CONDITIONAL PARDON, with or without the parole conditions, as may be granted by the President of
the Philippines upon the recommendation of the Board of Pardon and Parole. It may also refer to
commutation of sentence and reprieve.

WHO ARE NOT ELIGIBLE FOT EXECUTIVE CLEMENCY?

Prisoners are not considered for commutation of sentence or conditional pardon if:
1. The petitioner is available for Parole;
2. The prisoner is sentenced to another prison term within (1) one year from the date of his last re
commitment of the jail or prison from where he escaped;
3. The prisoner had violated an\y conditions of his discharge on Parole or Conditional Pardon;
4. The prisoner is suffering from mental illness or disorder as certified by a government psychiatrist;

A. FOR COMMUTATION OF SENTENCE:

1. The petitioner must have served at least one third (1/3) of the minimum indeterminate sentence or
the following portions of his prison sentence constituting the Reclusion Perpetua;
2. At least ten (10) years if convicted of robbery with Homicide. Rob berry with Rape or Kidnapping with
Murder;
3. At least eight (8) years if convicted of simple murder. Parricide, rape or violation of antidrug laws;
4. At least twelve (12) years if given two (2) or more sentence for Reclusion Perpetua;
5. At least twenty (20) years in case of (1) death sentence which was automatically commuted to
Reclusion Perpetua;
6. At least twenty-five (25) years in case of two (2) sentences of Reclusion Perpetua.

B. FOR CONDITIONAL PARDON

C. FOR ABSOLUTE PARDON
1. Ten (10) years must have been elapsed from the date of release of the petitioner from confinement;
2. Five (5) years from the date of expiration of his maximum sentence, whichever is more beneficial to
him;

EXCEPTIONS: However, the board may consider a petition for absolute pardon even the lapse of the
aforementioned periods in special cases such as:

✓ When the petitioner is seeking reinstatement in the government service;

✓ When the petitioner needs medical treatment which is not available locally;
✓ When petitioner will take a government or Bar Examination;
✓ When Petitioner is migrating;

Pardon
Section 19, Article VII of the 1987 Constitution:
"Except in cases of impeachment or as otherwise provided in this Constitution, the President may grant
reprieve, commutations, and pardons, and remit fines and forfeitures, after conviction by final

33
judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
members of the Congress"

Pardon, concept and definition

Pardon is a form of executive clemency which is exercised by the Chief Executive. It is an act of grace and
the recipient of pardon is entitled to it is as a matter of right. The exercise of pardon is vested in the
executive, is discretionary and is not subject to review or judicial notice by the court. Neither does the
Legislative Branch of Government have the right to establish condition nor provide procedures for the
exercise of the same. Hence, it is vulnerable for abuse by the executive.

PARDON
PURPOSES:
1. To do away with the miscarriage of justice
2. To keep punishment abreast with the current philosophy concept or practice of criminal justice
administration.
3. To restore full political and civil rights of persons who have already served their sentence and have
waited the prescribed period.

Pardon begun from the Pre-Christian Era. In fact, the Holy Bible contains an allusion where a
criminal was released and pardoned by the king at the time Christ was crucified. The exercise of
Pardoning Power has always been vested in the hands of executive branch of the government whether a
king, queen, president or governor.

In England, pardon developed out of the conflict between the King and the Nobles who
threatened his power. Pardon was applied to members of the Royal family who committed crimes, and
occasionally to those convicted of offenses against the Royal Power. It was the general view that the
pardoning power was the exclusive prerogative of the King.

In the United States, pardon among early American colonies was a carry-over of English practice.
The Pardoning power was exercised by the Royal Governor through the power delegated by the King.
After the declaration of independence, the Federal and State Constitutions vested the pardoning power
on the President of the United States and the Governors in Federal and State cases respectively.

Is the Pardoning Power of the President Absolute?

No. The Constitution itself provides for limitations to wit:

1. Pardon cannot be granted in cases of impeachment (Section 19, Article VI of the 1987 Constitution).
In a very strict sense, an impeachment proceeding is not judicial proceeding neither criminal
prosecution and therefore beyond the ambit of Pardoning Power. But when the government official
is already impeached from his office and later on charged and convicted criminally in an ordinary
criminal action, the President may extend pardon to him.

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2. No Pardon can be granted for violation of any election laws, rule and regulation without the
favorable recommendation of the Commission on Election (Section 5, Article IX (C). This provision is
a good guard for the President in exercising this power in favor to her political party mates who
violated election laws for her to win the presidency.

Under Section 5 of the General Guidelines for Recommending Executive Clemency which is
approved and released by the Department of Justice on June 26, 2003 provides among other that:

"The Board of Pardons and Parole shall refer matters pertaining to executive clemency for comment and
recommendation as follows:
1. To the Commission on Elections, if it involves violation of election laws, rules and regulation.
2. To the Secretary of National Defense and Secretary of Interior and Local Government, if it
involves crimes against national security or public order or the law of nations, and
3. To the Department of Foreign Affairs, if the prisoner is an alien.

It is worth to note that in the cases of number 2 and 3, the President may disregard these
because it is not belonged to the Constitutional limitations in exercising pardon.

3. Pardon can be granted only after conviction by final judgment.

There is no room for pardon when the case has not yet reached its finality. In the case of former
President Estrada, his appeal from the Judgment of Sandiganbayan was withdrawn to make it final
and for him to avail the privilege of pardon.

4. Pardon must yield to the Doctrine of Separation of Powers. A pardon cannot be extended to a
person convicted of legislative contempt, as this would violate said doctrine, or of civil contempt
since this would involve the benefit not of state itself but of the private litigant whose rights have
been violated by the person declared in contempt.

It is also well settled that pardon cannot also be extended for the purpose of absolving the pardonee
of civil liability, including judicial costs, since again, the interest that is remitted does not belong to
the State but to the private litigant. Pardon also will not restore offices forfeited.

LIMITATIONS ON THE PARDONING POWER OF THE STATE:

1. Pardon cannot be extended to cases of impeachment.
2. No pardon, parole or suspension of sentence for the violation of any election law may be granted
without favorable recommendation of the commission on elections.
3. Pardon is exercised only after conviction.

Two (2) Kinds of Pardon

There are two kinds of pardon, the absolute and conditional pardon. An absolute pardon is one
extended without any conditions or strings attached, whereas a conditional pardon is one under which
the convict is oblige to follow certain conditions.

35
 Absolute Pardon – refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever and restores to the individual his civil rights and
the penalty imposed for the particular offense of which he was convicted.

Where the pardon is absolute the convicted person has no option at all and must accept it
whether he likes it or not. His consent to absolute pardon is not indispensable hence, it is valid upon
issuance.

Conditional Pardon – It refers to the exemption of an individual, within certain limit s or

conditions, from the punishment which the law inflicts for the offense he has committed resulting in the
partial extinction of his criminal liability.

Whereas, in the case of conditional pardon the convicted person has the right to reject or refuse
the pardon if he feels that the condition imposed is not favorable on his part. This kind of pardon is
considered a contract between the pardoning authority and the pardonee hence; consent is
indispensable for its validity.

Purposes of absolute pardon

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

WHO WILL INVESTIGATE THE CONDUCT AND ACTIVITIES OF PETITIONER FOR ABSOLUTE PARDON?

Upon receipt of the petition for the grant of Absolute Pardon, the Board shall refer the petition
for absolute pardon to a Probation Officer and the same will investigate the conduct, activities as well as
the social and economic conditions of the petitioner prior to his conviction and since release from
prison.

Board of Pardons and Parole (BPP)

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

The BPP is composed of seven (7) members al appointed by the president with the Secretary of
Justice as acting chairman. However, in practice, one of the undersecretaries of Justice is serving as
Acting Chairman. The law requires that the six board members should include a sociologist, a clergyman,
an educator, a lawyer, a penologist, and at least one (1) is a woman.

How to avail the privilege of conditional pardon?

36
 To avail of this privilege, a qualified inmate, his family or relatives, or upon recommendation of
prison authorities will file a petition for conditional pardon addressed to the President. The request will
be forwarded to the Board of Pardons and Parole, which will process the same before making their
appropriate actions.

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

In acting on petitions for pardon, the BPP shall consider, among others, the following:
1. age of the petitioner;
2. the gravity of the offense;
3. the manner in which it was committed; and
4. the institutional behavior or conduct and previous criminal record, if any of the petitioner.

However, the BPP may consider a petition for absolute pardon even before the lapse of the
periods provided by the guidelines, in special cases such as when the petitioner is seeking reinstatement
in the government service, needs to go abroad to undergo medical treatment which is not available in
the country, will take government or Bar examination or is immigrating.

Extraordinary Circumstances

The Board shall recommend to the President the grant of executive clemency when any of the following
extraordinary circumstances are present:
a) The trial court or appellate court in its decision recommended the grant of executive clemency
for the inmate;
b) Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the
crime committed;
c) Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;
d) Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the
commission of the offense;
e) Inmates who are seventy (70) years old and above whose continued imprisonment is inimical to
their health as recommended by a physician of the Bureau of 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."

Other circumstances

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 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:

a. At least one-third (1/3) of the definite or aggregate prison terms;

b. At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
c. At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1)
life imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and
other special laws;
d. At least thirteen (13) years for inmates whose indeterminate and/or definite prison
terms were adjusted to a definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code as amended;
e. At least fifteen (15) years for inmates convicted of heinous crimes /offenses as defined
in Republic Act No. 7659 or other special laws, committed on or after January
1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
f. At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua
or life imprisonment for violation of Republic Act No. 6425, as amended, otherwise
known as "The Dangerous Drugs 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;
g. At least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua
or life imprisonment even if their sentences were adjusted to a definite prison term of
forty (40) years in accordance with the provisions of Article 70 of the Revised Penal
Code, as amended;
h. At least twenty-five (25) years for inmates originally sentenced to death penalty 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."

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.

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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.

When the pardon grantee fails to comply with the conditions of pardons

In case of violation of any provisions of the conditional pardon, the pardon itself is deemed
invalidated and the pardonee may be either recommitted by the President under the Administrative
Code or prosecuted for violation of conditional pardon under Article 159 of the Revised Penal Code.

Under the Revised Penal Code, the Penalty of prision correctional in its minimum period shall be
imposed upon the convict, except when the penalty remitted is higher than six years, in which event
shall serve the unexpired portion of his original sentence.

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

The determination of violation of conditional pardon rests exclusively in the sound judgment of
the Chief Executive and the courts will not interfere by way of review with any of its findings (Espuelas v.
Prov. Warden of Bohol, 108 PHIL. 353)

Legal Effect of Pardon

The legal effect of pardon is to restore not only the convict's liberty but also his civil and political
rights. However, in the case of Monsanto v. Factoran (170 SCRA 190), the Supreme Court declares that
"pardon does not ipso facto restore a convicted felon to public office necessarily relinquished or
forfeited by reason of the conviction although such pardon undoubtedly restores his eligibility for
appointment to that office"

Amnesty

The act of an authority (as a government) by which pardon is granted to a large group of
individuals. a sovereign act of oblivion or forgetfulness (from Greek amnestia, forgetfulness") granted by
a government, especially to a group of persons who are guilty of (usually political) crimes in the past. It is
often conditional upon the group's return to obedience and duty within a prescribed period.

39
DIFFERENCES BETWEEN AMNESTY AND PARDON:

Pardon includes any crime and is exercised individually by the Chief Executive, while amnesty is a
blanket pardon granted to a group of prisoners, generally political prisoners. Pardon is exercised when
the person is already convicted while amnesty may be given before trial or investigation is made.

Commutation of Sentence

The reduction of a sentence for a criminal act by action of the executive head of the
government. Like pardon, commutation of sentence is a matter of grace, not of right; it is distinguished
from pardon, however, in that the conviction of crime is not nullified. The commutation, hence, may be
granted on condition that the criminal observe certain restrictions for the balance of his original
sentence. Many states have statutes providing for commutation of sentence as a reward for good
conduct during imprisonment. Once earned, the commutation becomes a matter of right and may be
enforced by court action.

COMMUTATION OF SENTENCE - It refers to the reduction of the duration of a prison sentence.

PURPOSES OT COMMUTATION:
1. To break the rigidity of the law.
2. To extend parole in cases where the parole law do not apply.
3. To save the life of a person sentenced to death.

Reprieve

The act of postponing the enforcement of a sentence, particularly a death sentence, to allow an
appeal.

Remit Fines and Forfeitures

Prevents the collection of fines or the confiscation of forfeited property; it cannot have the
effect of returning property which has been vested in third parties or money already in the public
treasury.

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