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by: ALDEMEIR P. ALIPIO RCrim, CSPE, MSCJ (u), CLE December 2022 TOP 3
NON-INSTITUTIONAL CORRECTION
Community-based approach to corrections as a way to decongest the prisons, Involving the Public Attorney’s
Office and the National Prosecution Service effecting the immediate release of detainees either on bail or
recognizance and giving priority to the trial of detainees who cannot be released on bail or recognizance.
It involves the efficient performance of the Board of Pardons and Parole in the granting of timely release of
prisoners and the effective supervision of released prisoners on parole or conditional pardon and those under
probation by the Probation and Parole Administration.
Probation and Parole are two forms of non-institutional or community-based corrections.
NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES
The fact that our government is facing severe budgetary crisis does not augur well for the Criminal Justice System
most particularly the Corrections Pillar which is the last destination of society’s convicted offenders.
NON-INSTITUTIONAL CORRECTIONS refer to that method of correcting sentenced offenders without

having to go to prison.
ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:
1. Family members need not be victims also for the imprisonment of a member because the convict
can still continue to support his family; not to be far away from his children;
2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in
prisons who will only influence him to a life of crime;
3. Rehabilitation can be monitored by the community; thus, corrections can be made and be more
effective; and 4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-
strapped government. An entire bureaucracy will be eliminated which includes the salaries, benefits and
perks of the officers and staff, capital outlays, operating costs, maintenance of the facilities, subsistence of
inmates, and many others.
TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS
4. Probation - It is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.
5. Indeterminate Sentence Law / Parole Program – It is that type of correctional program that
enables the convicted felon after serving the minimum imposable penalty may be eligible for release on
parole.
6. Executive Clemency – It is the power of the Chief Executive to grant amnesty, commutation of
sentence, pardon, reprieve and remit fines and forfeitures to convicted prisoners
7. Restorative Justice Program – It refers to the program enacted under RA 9344 for CICL’s that
requires a CICL’s to undergo after he/she is found responsible for an offense without resorting to formal
court proceeding like diversion, intervention and Community based programs.
PROBATION - A term coined by John Augustus, From the Latin verb "probare" - to prove, to test and
“probatio” – testing period.
HISTORY
The origins of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were
imposed on adults and children alike for offenses that were not always of a serious nature. Sentences such as
branding, flogging, mutilation and execution were common. During the time of King Henry VIII, for
instance, no less than 200 crimes were punishable by death, many of which were minor offenses.
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Royal pardons - could be purchased by the accused; activist judges could refrain from applying statuses or could
opt for a lenient interpretation of them; stolen property could be devalued by the court so that offenders could be
charged with a lesser crime.
BENEFIT OF CLERGY, JUDICIAL REPRIEVE, SANCTUARY, and ABJURATION offered offenders a degree of
protection from the enactment of harsh sentences.
"BINDING OVER FOR GOOD BEHAVIOR," is a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain courts in due time began suspending
sentences.
In the United States, particularly in Massachusetts, different practices were being developed. "Security for
good behavior," also known as good aberrance was much like modern bail: the accused paid a fee as
collateral for good behavior. Filing was also practiced in cases that did not demand an immediate sentence.
Using this procedure, indictments were "laid on file" or held in abeyance.
To mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these American practices were genuine precursors to
probation, it is the early use of recognizance and suspended sentence that are directly related to modern probation.
Two names are most closely associated with the founding of probation: Matthew Davenport Hill, an 18th century
English barrister and judge, and John Augustus, a 19th Century Boston boot-maker.
As a young professional in England, Matthew Davenport Hill had witnessed the sentencing of youthful offenders
to one-day terms on the condition that they be returned to a parent or guardian who would closely supervise them.
He eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals who
did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed
in the hands of generous guardians who willingly took charge of them. Hill had police officers pay periodic
visits to these guardians in an effort to tack the offender's progress and to keep a running account.
Matthew Davenport Hill – FATHER OF PROBATION IN ENGLAND
John Augustus, the "Father of Probation" is recognized as the “first true probation officer”.
✓ Augustus was born in Woburn, Massachusetts in 1785.

✓ By 1829, he was a permanent resident of Boston and the owner of a successful boot-making
business. ✓ It was undoubtedly his membership in the Washington Total Abstinence Society that
led him to the Boston courts.
✓ Washingtonians abstained from alcohol themselves and were convinced that abusers of
alcohol could be rehabilitated through understanding, kindness and sustained moral suasion
rather then through conviction and jail sentences.
✓ In 1841, John Augustus attended police court to bail out a "common drunkard," the
first probationer.
✓ The offender was ordered to appear in court three weeks later sentencing. He returned to court
a sober man, accompanied by Augustus. To the astonishment of all in attendance, his appearance and
demeanor had dramatically changed.
✓ He was also the first to apply the term "probation" to this process of treating offenders.
✓ By 1858, John Augustus had provided bail for 1,946 men and women, young and old.
Reportedly, only ten of this number forfeited their bond.
✓ The first probation statute enacted in Massachusetts shortly after this death in 1859
was widely attributed to his efforts.
✓ The first juvenile court was established in Chicago in 1899.
✓ Formalization of the concept of Intake is credited to the founders of the Illinois juvenile
court.
Probation in New York State had its official beginning in 1901.

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Fr. Rufus Cook – a chaplain in Boston, Massachusetts who continued the work of Augustus after the latter’s death
and employed humane but unscientific approach.
The Probation Act of 1925 signed by President Calvin Coolidge provided for a probation system in the federal
courts (except in the District of Columbia). It gave the courts the power to suspend the imposition or execution
of sentence and place defendants on probation for such period and on such terms and conditions as they deemed
best.
HISTORICAL BACKGROUND of Probation in the Philippines
✓ Probation was first introduced in the Philippines during the American colonial period (1898 - 1945) with the
enactment of Act No. 4221 of the Philippine Legislature on 7 August 1935.
ACT 4221 – THE FIRST PROBATION LAW OF 1935
This law created a Probation Office under the Department of Justice. On November 16, 1937, after barely two
years of existence, the Supreme Court of the Philippines declared the Probation Law unconstitutional because
of some defects in the law's procedural framework in the case of People vs Vera which states that Act 4221 causes
undue delegation of legislative power and violation of equal protection of the law.
In 1972, House Bill No. 393 was filed in Congress by Teudolo C. Natividad and Ramon D. Bagatsing which
would establish a probation system in the Philippines. This bill avoided the objectionable features of Act
4221 that struck down the 1935 law as unconstitutional.
The bill was passed by the House of Representatives but was pending in the Senate when Martial Law was declared
and Congress was abolished.
On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976 was signed into
Law by the President of the Philippines.
Fifteen selected probation officers were sent to U.S.A. for orientation and training in probation administration.
Upon their return, they were assigned to train the newly recruited probation officers.
The probation system started to operate on 3 January 1978. As more probation officers were recruited and
trained, more field offices were opened. There are at present 204 field offices spread all over the country supervised
by 15 regional offices.
On November 23, 1989, EO 292 was promulgated which added functions of supervising prisoner under parole and
pardon with parole conditions.
P.D. 968- as amended; otherwise known as the “Adult Probation Law of 1976.
Congressman Teodulo Natividad

Drafted the Decree on Probation in the Philippines
First Probation Administrator
Father of Probation in the Philippines
CONGRESSMAN RAMON BAGATSING AND TEODULO NATIVIDAD- introduced House Bill 393 “An Act
Establishing Probation in the Philippines”.
Ferdinand E. Marcos – Former President of the Philippines who approved and signed P.D. 968, as amended, on
July 24, 1976.
PROBATION
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It is a disposition under which a defendant, after conviction and sentenced is released subject to conditions
imposed by the court and to the supervision of a probation officer
PD 968 - THE PROBATION LAW OF 1976

- It was approved on 24 July 1976 and took effect on 3 January 1978
The PPA was created pursuant to Presidential Decree (P.D.) No. 968, as amended, to administer the probation
system. Under Executive Order No. 292, the Probation Administration was renamed as the “ 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 or granted conditional pardon . The PPA and the Board of
Pardons and Parole are the agencies involved in the non-institutional treatment of offenders.
PD 603 – The Child and Youth Welfare Code of 1974 that provides probation for minors below the age of 18.
AMENDATORY LAWS TO PD 968
PD 1257 – It took effect on 01 December 1977; it amended the period within which application for
probation must be made.
BP 76 – It took efect on 13 June 1980; it amended the maximum penalty for qualification for probation
PD 1990 - It took efect on 15 January 1986; it amended BP 76 back to original form and made probation
and appeal exclusive remedies.
RA 10707 – New Probation Law of 2015.
PROBATIONER / CLIENT
- is a person placed on probation
PROBATION OFFICER (now Probation and Parole Officer)

- is one who investigates (PSI) for the court a referral for probation or supervises a probationer or
both.
FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had maintained that a member of the clergy
brought to trial in a King’s Court might be claimed from that jurisdiction by the bishop or chaplain representing him,
on the ground that he, the prisoner, was subject to the authority of the ecclesiastical courts only.
2. JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either before or after judgment; as where the judge is
not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or he is doubtful whether the
offense be within the clergy, or sometimes if it be a small felony, or any favorable circumstances appear in the
criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

It originated as a measure of preventive justice involving the release of the person accused of committing a
crime to the custody of a person of reputable character who shall have the responsibility of bringing the
accused to court whenever the court requires.
4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals; it later developed as a plan for supplying new
colonies with cheap labor. It was also an attempt to substitute for brutal punishment at home and an opportunity
for rehabilitation in a new country.
IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION
JOHN AUGUSTUS
– “Father of Probation” in the US
– American pioneer of probation
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– The first true probation officer
–
FR. RUFUS COOK
– The successor of John Augustus that continued that latter’s work on probation in Boston
MATTHEW DAVENPORT HILL
- He is considered as the “Father of Probation” in England.
TEODULO C. NATIVIDAD
- Father of Philippine Probation
- Primary author of HB 393 that later on became PD 968 which was co-authored by Cong. Ramon
Bagatsing
Act No. 4221
– The first Probation Law of the Philippines.
– This act became effective on August 7, 1935.
– The Supreme Court declared this Act unconstitutional on November 16, 1937.
In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the following
grounds: a) The said act encroaches upon the pardoning power of the executive;
b) That it constitutes an undue delegation of legislative power; and
c) It denies the equal protection of the laws.
SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

1. A more enlightened and humane correctional system;
2. To promote the reformation of offenders;
3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and community-based treatment programs instead of
imprisoning them; 5. Limited to offenders who are likely to respond thereto favorably; and
6. The method is less costly than confinement.
PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM
1. There is no single cause for delinquent behavior. Human beings are extremely complicated.
2. Delinquent and criminal acts are symptoms of a more serious underlying condition.
3. That the individual has the ability to change and to modify his anti-social behavior with the
right kind of help.
4. The central goal of the Probation Administration is to enhance the safety of the community by
reducing the incidence of criminal acts by persons previously convicted.
5. This is of course not to say that probation should be used in all cases or that it will always produce
better results.
6. By the same token, however, it is to say that probation is a good bit more than the “matter of
grace” or “leniency” which characterizes the philosophy of the general public and of many judges and
legislators on the subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer recognized.
8. It is generally conceded that probation is a matter of privilege to be granted or refused at the
discretion of the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence investigation report (PSIR).
BENEFITS OF PROBATION
a. Probation protects society
1. From the excessive costs of detention
2. From the high rate of recidivism of detained offenders
b. Probation protects the victim
1. It provides restitution
2. It preserves justice
c. Probation protects the family
1. It does not deprive the wife and children of a husband and a father
2. It maintains the unity of the home
d. Probation assists the government
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1. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement
e. Probation helps the offender

1. It maintains his earning power
2. It provides rehabilitation in the community
3. It restores his dignity
f. Probation justifies the philosophy of men
1. That life is sacred
2. That all men deserve a second chance
3. That an individual can change
4. That society has a moral obligation to lift the fallen
ADVANTAGES OF PROBATION
a. Probation prevents crime by offering freedom and aids only to those offenders who are not likely
to assault the society again.
b. It protects the society by placing under close supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the community.
c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first-time offenders from turning into hardened criminals.
e. It is a measure of cutting enormous expense in maintaining jails.
f. It reduces recidivism and overcrowding in jails and prisons.
g. It reduces the burden on the police forces and institutions of feeding and guarding detainees.
h. It gives the first and light offenders a second chance in life and provides as opportunity for the
reformation of a penitent offender.
i. It makes offenders productive or taxpayers instead of tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that have adopted it.
SUSPENSION OF EXECUTION OF SENTENCE
The court convicts and sentences the defendant but the execution of the sentence whether it imposes a
term of imprisonment or a fine only is suspended and the defendant is released on probation.
PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation is not demandable as a matter of right. It is a privilege. Its grant depends upon the discretion of
the court. But it will be declared as a right if (a) the applicant is a minor stated under RA 9344 and (b) when the
probation order is already released by the court.
NECESSITY OF APPLICATION
Probation may not be granted except upon application of the defendant.
TIME FOR APPLICATION

The law says that the application for probation should be made within the period for perfecting an appeal
or within fifteen (15) days from promulgation of notice of judgment.
EFFECT ON APPEAL
The filing of application (for probation) shall be deemed a waiver of the right to appeal. In such case, the
accused cannot, even by withdrawing his application for probation, reinstate his appeal or right to appeal.
RA 10707 PROBATION LAW OF 2015

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No application for probation shall be entertained or granted if the defendant has perfected the
appeal from the judgment of conviction: Provided, That when a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the
modified decision before such decision becomes final.
EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

There is nothing in the Probation Law which indicates that the defendant’s right to move for a
reconsideration of the judgment of conviction or his right to ask for new trial is waived or suspended by his
application for probation, or that such application has the effect of an automatic withdrawal of a pending motion for
reconsideration or new trial, although there is likewise nothing in the law which suggests that the filing of the
application for probation interrupts the running of the period for reconsideration or new trial.
FORM OF APPLICATION
The law does not prescribe any particular form and therefore it may be in any form, written or oral. For
recording purposes, however, oral applications should be reduced into writing.
POST SENTENCE INVESTIGATION

The Probation Law provides that “no person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served thereby".
The probation officer shall submit to the court the investigation report on an applicant not later than
sixty (60) days from receipt of the order of the said court to conduct the investigation.
The court shall resolve the petition for probation not later than fifteen (15) days after receipt of said
order.
DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR INVESTIGATION

However, there is nothing in the law which requires that such an investigation should be conducted in every
case as an essential condition before the court may deny an application for probation.
COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT SERVING SENTENCE

If there is an application and the defendant does not appear to be disqualified, the court may order such
investigation only after a sentence of conviction by the trial court for the reason that the same would be premature if
made prior to said conviction, considering that the judgment might eventually be an acquittal or, even if it be
conviction, the court might find as a fact in its decision that the defendant is a disqualified offender, in either of
which cases the order for investigation would serve no purpose.
POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

Under our Probation Law, the investigation for probation is a post-sentence, not pre-sentence investigation;
meaning that the investigation is after, not before, the sentence. The sentence referred to is the sentence of the trial
court.
SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into the character, antecedents, environment, mental and physical
condition of the offender and available institutional and community resources as well as all other matters bearing the
following questions:
(a) Whether or not the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
(b) Whether or not there is undue risk that during the period of probation the offender will commit
another crime; and
(c) Whether or not probation will depreciate the seriousness of the offense committed.
Probation Investigation Procedures

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The PSI gathers information on the petitioner’s personality, character, antecedents, environment and other relevant
information, including community resources which shall be utilized in the rehabilitation of the client. The basic tools
used in PSI are interviews, records check, and psychological evaluation and drug tests. All information gathered is
written in the PPA Form 3 or Post-Sentence Investigation Report (PSIR) submitted to the court for disposition.
Courtesy Investigation
Full Blown Courtesy Investigation (FBCI)
1. Is a transient offender in a place of commission of the crime and/or a permanent resident of

another place;
2. Has spent pre-adolescent and/or adolescent life in the province or city of origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances who are residents of the place of origin.
Partial Courtesy Investigation (PCI) – It shall be used for petitioners who do not fall within the purview of the
FBCI and is conducted by another PPO.
NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing the right to counsel in the investigation of a petitioner. The
constitutional guarantee of right to counsel will not apply because the investigation by the probation and parole
officer is neither prosecutory nor accusatory in character.
PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

The information contained in the post-sentence investigation report shall be “privileged” and could not be used as
evidence against any person, no matter how incriminating the information may be.
NO SUBPOENA POWERS
Probation and parole officers are not clothed with subpoena powers under the Probation Law. There is nothing to
prevent them, however, from requesting the court to issue subpoenas requiring the attendance of witnesses in their
investigations.
SUBMISSION OF INVESTIGATION REPORT
The investigation report having been completed, the Chief Probation and Parole Officer should submit his report to
the court, “not later than 60 days from receipt of the order of the court to conduct the
investigation”. The same period is merely directory, not mandatory, in the sense that an investigation report
submitted after 60 days would still be a valid report.
NO COPY OF REPORT FOR APPLICANT
The investigation report as well as the supervision history “shall be privilege and shall not be disclosed
directly or indirectly to anyone other than the Parole and Probation Administration or the court concerned.
NO RIGHT OF APPLICANT TO COMMENT ON REPORT
There is nothing in the Probation Law which entitles the applicant to submit any comment or demand that the court
should consider the same.
HEARING NOT REQUIRED
There is nothing in the Probation Law which requires the court to set for hearing the investigation report or the
application for probation, although it may of course, in its discretion do so, preserving at all times however, the
confidentiality of the report.
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The court is mandated to resolve the petition for probation not later than 15 days after receipt of the investigation
report. The period, however, seems to be merely directory, not mandatory.
BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION
Pending submission of investigation report and the resolution of the petition for probation, the defendant may be
allowed temporary liberty under his bail filed in the criminal case. In case no bail was filed or the defendant is
incapable of filing one, the court may allow the release of the defendant on recognizance to the custody of a
responsible member of the community who shall guarantee his appearance whenever required by the court.
GRANT OR DENIAL OF PROBATION
PROBATION DISCRETIONARY
Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part of the
court.
Probation shall be denied if the court finds that:
i.the offender is in need of correctional treatment that can be provided most effectively by his commitment to an
institution;
ii.there is an undue risk that during the period of probation, the offender will commit another crime; or
iii. Probation will depreciate the seriousness of the offense committed.
ISSUANCE OF PROBATION ORDER
A probation order shall take effect upon its issuance, at which time the court shall inform the offender of the
consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said
order or his commission of another offense, he shall serve the penalty impose for the offense under which he was
placed for probation. In the event that violation of any of the conditions of probation is established, the court need
not revoke the probation; it has the discretion to revoke or continue the probation and modify the conditions thereof.
APPLICANT MAY REJECT GRANT OF PROBATION
The law does not oblige the defendant to accept the probation granted by the court. He should be allowed to turn
down the same grant especially since he might feel that the terms and conditions thereof are too onerous for him.
GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE
CIVIL LIABILITY NOT AFFECTED
Probation is a substitute for imprisonment (including subsidiary imprisonment in case of non-payment of fine) and
other criminal penalties, not a mode of discharging the civil liability, which is owed not to the State but to the
offended party.
COVERAGE OR SCOPE OF APPLICATION OF DECREE
A. Non-offenders not covered

Consistently with the concept and purpose of probation, the Decree applies only to offenders.
B. Offenders covered
The Decree declares “it shall apply to all offenders”.
C. Disqualified Offenders
Not all offenders, however, fall within its coverage:

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1. sentenced to serve a maximum term of imprisonment of more than six years;

2. convicted of subversion or any crime against the national security or public order;
3. who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
4. who have been once on probation under the provisions of this Decree; and
5. who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Sec. 33 hereof;
6. It expressly excludes from its operation “those entitled to the benefits of PD 603, as amended
(otherwise known as the Child and Youth Welfare Code) and similar laws.
7. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and the
“similar laws” just mentioned, he would not be entitled to the Benefits of the Decree if he has not been
convicted and sentenced. 8. An offender who is already serving sentence or is otherwise specifically
disqualified under Sec. 9.
9. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which states, “any person found
guilty of any election offense under this code shall be punished with imprisonment of not less than 1
year but not more than 6 years and shall not be subject to probation.
10. Sec. 9, PD 1987 (An Act creating the Videogram Regulatory Board, dated October 5, 1985)
states “The provisions of PD 968, as amended shall not apply in cases of violations of this Decree,
including its implementing rules and regulations.
11. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the violators of the law shall
not be entitled to the benefits of the Probation Law.
12. Violation of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. Except sec 12, 14,17
and 70.
SECTION 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs. SECTION 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings.
SECTION 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
SECTION 57. Probation and Community Service Under the Voluntary Submission Program.
SECTION 70. Probation or Community Service for a First-Time Minor Offender In lieu of Imprisonment.
A drug dependent who is discharged as rehabilitated by the DOH-accredited center through the voluntary
submission program but does not qualify for exemption from criminal liability under Section 55 of
the Act may be charged under the provisions of the Act, but shall be placed on probation and undergo
community service in lieu of imprisonment and/or fine in the discretion of the court , without
prejudice to the outcome of any pending case filed in court. Such drug dependent shall undergo community service
as part of his/her after-care and follow-up program, which may be done in coordination with non-government, civic
organizations accredited by the DSWD with the recommendation of the Board.
13. When the time for application for probation already lapsed.
WHEN THE COURT MUST DENY PROBATION
The court shall deny an application for probation whenever it finds that:
a. the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution;
b. there is an undue risk that during the period of probation the offender will commit another crime;
or
c. probation will depreciate the seriousness of the offense committed.
What will happen if the application for probation is denied?
The offender will be sent by the sentencing court to prison to serve his sentence.
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How many times can one be granted probation?
Only once.
PERIOD OF PROBATION
a. The period of probation of a defendant sentenced to a term of imprisonment of not more than
one (1) year shall not exceed two (2) years, and in all other cases, said period shall not exceed six
(6) years.
b. When the sentence imposes a fine only and the offender is made to serve a subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor more than
twice the total number of days of
subsidiary imprisonment as computed in the rate established in Art. 39 of the Revised Penal Code, as amended.
CONDITIONS OF PROBATION
1. General or Mandatory Conditions
(a) Present himself to the probation (and parole) officer designated to undertake his
supervision at such place as may be specified in the order within 72 hours from receipt of said
order;
(b) Report to the probation (and parole) officer at least once a month at such time and place as
specified by the said officer.
2. Special or Discretionary Conditions
The court may also require the probationer to:

(a) cooperate with the program of supervision;
(b) meet his family responsibilities;
(c) devote himself to specific employment and not to change said employment without prior written
approval of the probation (and parole) officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in
a specified institution, when required for the purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation; (g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation (and parole) officer or an authorized social worker to visit his home and place
of work;
(j) reside at premise approved by it and not to change his residence without its prior written
approval; or (k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience
VIOLATION OF PROBATION CONDITION
1. Fact finding investigation order of the court to the Chief Probation and Parole Officer
2. The PPO prepare and submit violation report to the Chief Probation and Parole Officer
3. Filing of violation report to the trial court
4. Arrest of erring probationer (WOA)
5. Hearing of violation in the court
6. Disposition of probation either revocation, continuation or modification
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If revocation was decided, the court will issue a revocation order and the accused will serve the original
sentence imposed.
When can the Court Modify the Conditions for Probation?
At any time during supervision after summary hearing when the probationer violated any of its conditions
upon application by the probation officer or the probationer himself.
Note: Only the judge who heard and decided the case has the power to grant, deny, modify, revoke and terminate
probation.
MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION
A. Period of probation
The period of probation may either be shortened or made longer but not to exceed the period set in the law.
B. Conditions of probation
During the period of probation, the court may, upon application of either the probationer or the probation officer,
revise or modify the conditions of probation.
The court shall inform in writing the probation officer and the probationer of any change in the
period and conditions of probation.
REVOCATION OF PROBATION
A. Concept of violation of probation

“A violation of probation shall be understood to mean any act or any commission on the part of the probationer with
respect to the terms and conditions specified in the probation order.
B. Arrest of the probationer

At any time during probation, the court may issue a warrant for the arrest of the probationer for violation of any of
the conditions of probation.
TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the report and recommendation of the
probation and parole officer, the court may order the final discharge of the probationer upon finding that
he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.
B. Other ways of terminating probation:

1. Termination before the expiration of the period
2. Termination by pardon of the probation
3. Deportation of the probationer
4. Death of the probationer
If fully terminated, the court will issue a TERMINATION ORDER
C. Effect of final discharge

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a
result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation
was granted.
CONFIDENTIALITY OF RECORDS
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The probation records may be found, firstly, in the court concerned. Secondly, in the office of the Chief Probation
and Parole Officer assigned in the city or province. Thirdly and fourthly, copies of these records are being forwarded
to the Regional Parole and Probation Office and the Parole and Probation Administration (Central Office).
SECTION 41. OUTSIDE TRAVEL
a. A Probation Officer may authorize a probationer to travel outside his area of

operational/territorial jurisdiction for a period of more than ten (10) days but not exceeding thirty
(30) days.
b. A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial
jurisdiction of the Probation Office shall file at least five (5) days before the intended travel
schedule a Request for Outside Travel (PPA Form 7) with said Office properly recommended by the
Supervising Probation Officer on case and approved by the CPPO.
c. If the requested outside travel is for more than thirty (30) days, said request shall be
recommended by
the CPPO and submitted to the Trial Court for approval.
d. Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6)
months shall be considered as a courtesy supervision
SECTION 42. CHANGE OF RESIDENCE: TRANSFER OF SUPERVISION
A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or Provincial Parole and
Probation
Office, citing the reason(s) therefore this request shall be submitted by the Supervising Probation Office for the
approval of the Trial Court
In the event of such approval, the supervision and control over the probationer shall be transferred to the
concerned Executive Judge of the RTC having jurisdiction and control over said probationer and under the
supervision of the City or Provincial Parole and Probation Office in the place to which he transferred.
ABSCONDING PETITIONER VS ABSCONDING PROBATIONER
Absconding petitioner – a convicted defendant whose application for probation has been given due course by the
court but fails to report to the probation office or cannot be located within a reasonable period of time.
Absconding probationer – a person whose probation was granted but failed to report for supervision or fails to
continue reporting for supervision or whose whereabouts are unknown for a reasonable period of time.
PROBATION AIDES (NOW PROBATION ASSISTANTS)
Section 57. Qualifications: Functions. –
a. The Probation Aides must be citizens of good repute and probity;

b. at least 18 years of age on the date of appointment;
c. at least high school graduates; and
d. preferably residence of the same locality or community covering the place of residence of the
probationer and/or the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI.
e. Probation Aides so appointed may hold office during good behavior for a period of two (2)
years, renewable at the end of each period
SECTION 59. CASELOADS
A. The maximum supervision caseloads of a Probation Aide at any given time, shall be ten (10)
probationers on minimum case classification
B. three (3) probationers on maximum case classification in addition to other duties.
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PROBATION INVESTIGATION PROCESS:
A person had been accused of a crime can either be detained in jail or released in the community.
The Prosecutor will be furnished a copy of the application for the probation for his/her comment, if there is any,
within ten (10) days upon receipt thereof. The Court shall act on the said application within fifteen (15) days
upon receipt of the petitioner’s application for probation.
No application for probation shall be entertained or granted if the defendant has an appeal from the judgment of
conviction.
If the convicted individual applied for probation, it is an automatic waiver of his right to appeal. If he appealed, he
could no longer apply and be allowed to enjoy the benefits of P.D. 968, as amended.
Should the application for probation be given due course by the Honorable Court, the accused will then be
investigated and assessed whether legally qualified and suitable to undergo a community-based rehabilitation
program. The court will issue a Refferal, otherwise known as an Investigation Order.
CONTENTS OF AN INVESTIGATION ORDER:

The Investigation Order directs the Chief Probation and Parole Officer to:
• Conduct Post Sentence Investigation (PSI);
• Submit a Post Sentence Investigation Report (PSIR);
• Submit PSIR within (60) days
WHO MAY APPLY for PROBATION?

a. A convicted offender;
b. Sentenced to serve a maximum term of imprisonment of not more than six (6) years;
c. Not convicted of subversion, or any crime against national security;
d. Not previously convicted by final judgment of an offense punished by imprisonment of not less
than one (1) year and one (1) day and/or fine not less than P200.00;
e. Not having been on Probation under the provisions of PD 968;
f. Who is yet to serve his sentence at the time the substantive provisions of PD 968 became
applicable.
WHEN TO APPLY?
After conviction and sentence, a convicted offender or his counsel may file a petition for probation.
WHERE TO APPLY?
The Presiding Judge of the sentencing court
Probation Investigation Process
Accused
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Out from Jail (OJ) ON BAIL Inside Jail (IJ)
Convicted Offender – Petitioner

Court (15 days to Act on Application for Probation)
Prosecutor (10 days for comment)
2 ways for temporary liberty

Bail Release on Recognizance (ROR)
Court
-referral( investigation order )
Parole and Probation Office (CPPO)
-Post Sentence Investigation (PSI)
-Post Sentence Investigation Report (PSIR)
-Submit within 60 days
Court
Deny Grant Withdrawn
Jail Probation Supervision Jail

(in the community)
Bail
• bail-jumping - the criminal offense of defaulting on one’s bail

• bailee - a person who receives personal property from another as a bailment
• bailer/bail agent/bail bondsman - one who provides bail as a surety for a criminal defendant’s
release
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• bail bond - a bond given to a court by a criminal defendant’s surety to guarantee that the
defendant will duly appear in court in the future and, if the defendant is jailed, to obtain the defendant’s
release from confinement
• bail commissioner - a judge empowered to hold an emergency hearing to set bail when a
hearing cannot be held during regular court hours
• excessive bail - bail that is unreasonably high considering both the offense with which the
accused is charged and the risk that the accused will not appear for trial
• personal recognizance - the release of a defendant in a criminal case in which the court takes
the defendant’s word that he or she will appear for a scheduled matter or when told to appear
• surety - a person who is primarily liable for the payment of another’s debt or the performance of
another’s obligation
RULE 114 BAIL
SECTION 1. Bail defined. Bail is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter
specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.
Parole
A. Meaning of Parole
- It is a French word and is used in the sense of word of honor or promise. Thus, the implication is that the released
prisoner would give his honor and that he would abide by the terms of his conditional release.
It refers to the conditional release of an offender from a correctional institution after he has served the
minimum of his prison sentence;
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 control and
guidance as they serve the remainder of their sentence within the community
ACT NO. 4103 INDETERMINATE SENTENCE LAW THE LAW ON PAROLE as amended by Act No. 4225 and
Republic Act No. 4203
Purpose
To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of liberty
and economic usefulness. Penalties shall not be standardized but fitted as far as possible to the individual,
with due regard to the imperative necessity of protecting the social order (People v. Ducosin, 59 Phil 109). Under
Section 5 of said Act, it is the duty of the Board of Pardons and Parole to look into the physical, mental and
moral record of prisoners who are eligible for parole and to determine the proper time of release of such
prisoners on parole.
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PROBATION PAROLE
GIVEN BY THE COURT GIVEN BY THE BPP
GIVEN AFTER CONVICTION GIVEN AFTER SERVING THE

MINIMUM
SENTENCE
WITH MANDATORY CONDITIONS
SUPERVISED BY THE PPA
PROBATION V.S. PAROLE
HISTORICAL ACCOUNTS
The first parole law was passed in Massachusetts in 1837. At about the same time, Alexander Maconochie
introduced a system whereby a prisoner was given a “ticket of leave “
(the equivalent of parole) after earning a certain required number of marks – known as the MARK SYSTEM. From
this, Maconochie gained the fame as FATHER of PAROLE.
Parole was also a feature of the Irish Prison system by Sir Walter Crofton which was established in 1856 based
on an indeterminate sentence & the mark system. The Elmira Reformatory by Zebulon Brockway likewise had a
limited form of indeterminate sentence and a method of marks similar to the Irish system and parole based on
marks.
PIONEERS OF PAROLE SYSTEM
ALEXANDER FATHER OF PAROLE (IN

MACONOCHIE AUSTRALIA)
Mark System
WALTER FOUNDER OF PAROLE IN
CROFTON IRELAND
Irish System
Progressive Mark System
ZEBULON FOUNDER OF PAROLE IN
BROCKWAY USA
Extensive Parole in USA
(Elmira Reformatory)
Coverage
1. General Rule: All persons convicted of certain crimes under Philippine courts.
2. Exceptions / Disqualified (Section 2), law will NOT apply to persons who are:
a) Convicted of offense punishable by death penalty or life imprisonment;
b) Convicted of treason, conspiracy or proposal to commit treason;
c) Convicted of misprision of treason, rebellion, sedition or espionage;
d) Convicted of piracy;
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e) Who are habitual delinquents;
f) Election offenses;
g) Who escaped confinement or evaded sentence or violated the terms of a conditional pardon;
h) Whose maximum term of imprisonment (imposed) does not exceed one year;
i) Convicted of terrorism, plunder and transnational crimes;
j) Undergoing trial and appeal;
k) Whose penalty is suspension or destierro; and
l) Person already sentenced by final judgment at the time this Act was approved on
December 5, 1933.
PRIORITIES IN GIVING PAROLE
a) Youth;
b) Aged;
c) Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is bind
or similar
disabilities;
d) Serious illness and other life-threatening disease as certified by a government physician;
e) Those prisoners recommended for the grant of executive clemency by the trial/appellate court as
stated in the decision; and
f) Alien prisoners where diplomatic considerations and amity between nations necessitate review.
An indeterminate sentence is a sentence imposed for a crime that is not given a definite duration.
In addition, ACT 4103 provides for the creation of the Board of Pardons and Parole, or the Board of
Indeterminate Sentence provided in Section 3 of the said Act, tasked to look into the physical, mental and moral
record of the prisoners who are eligible to parole and to determine the proper time of release of such prisoners.
The court must, instead of a single fixed penalty, determine two penalties, referred to in the Indeterminate
Sentence Act as the ‘maximum’ and ‘minimum’ terms.
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. It is the fixing of the
minimum and maximum terms which generates a lot of confusion and is the constant source of error of some
judges.
The act should be applied in imposing a prison sentence for a crime punishable either by special law or by the
Revised Penal Code. Under Section 1 of Act No. 4103, as amended by Act No. 4225, if the offense is
punished by special law, the court shall sentence the accused to an indeterminate penalty, the maximum term
of which shall not exceed the maximum fixed by said law and the minimum term shall not be less than
the minimum prescribed by the same. If the offense is punished by the Revised Penal Code, the court shall
sentence the accused to an indeterminate penalty, the maximum term of which shall be the penalty imposable under
the same Code after considering the attending mitigating and/or aggravating circumstances according to Article 64
of the said Code. The minimum term of the same shall be within the range of the penalty next lower to that
prescribed by the Code for the offense.
BOARD OF PARDONS AND PAROLE
✓ The Board of Pardons and Parole was created pursuant to Act No. 4103, as amended. It is the
intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent
unnecessary and excessive deprivation of personal liberty.
✓ It grants parole and recommends to the President the grant of any form of executive clemency to
deserving prisoners or individuals.
✓ It reviews reports submitted by the Parole and Probation Administration (PPA) and make necessary
decisions ✓ It is a functional unit under the Department of Justice.
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MEMBERS OF THE BPP
Secretary of Justice who shall be its Ex-officio Chairman
Members:
a) Sociologist;
b) clergyman or educator;
c) Psychiatrist;
d) trained and experienced person in correctional work;
e) a member of the Philippine BAR. Ex-Officio Member – Administrator of the PPA
✓ At least one member of the board shall be a woman
✓ Appointed by the President for 6 years
BOARD OF PARDONS AND PAROLE VS PAROLE AND PROBATION ADMINISTRATION

BPP PPA
UNDER THE DEPARTMENT OF JUSTICE
HEADED BY A CHAIRMAN (SEC DOJ) HEADED BY AN ADMINISTRATOR
READ THE REPORTS OF PPA CONDUCTS PSI & SUPERVISION
APPROVES & REVOKES PAROLE SUBMITS REPORT TO COURT AND BPP
RECOMMENDS EXECUTIVE CLEMENCIES TO THE RECOMMENDS THE REVOCATION OF PAROLE AND
PRESIDENT PROBATION
RECOMMENDS THE REVOCATION OF CENTRAL OFFICE FOR PPO’S
PARDON
WHAT DOCUMENT IS NECESSARY FOR AN INMATE TO BE RELEASED ON PAROLE?
“RELEASE DOCUMENT / DISCHARGE ON PAROLE”
HOW LONG WILL BE THE PAROLE SUPERVISION?
The period of parole supervision shall extend up to the expiration of the maximum sentence which should
appear in the Release Document subject to the provisions of Section 6 of Act No. 4103 with respect to the early
grant of Final Release and Discharge.
TRANSFER OF RESIDENCE
A client may not transfer from the place of residence designated in his Release Document without the prior written
approval of the Regional Director subject to the confirmation by the Board.
OUTSIDE TRAVEL
A Chief Probation and Parole Officer may authorize a client to travel outside his area of operational jurisdiction
for a period of not more than thirty (30) days. A travel for more than 30 days shall be approved by the
Regional Director.
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TRAVEL ABROAD AND/OR WORK ABROAD
Any parolee or pardonee under active supervision/surveillance who has no pending criminal case in any court may
apply for overseas work or travel abroad . However, such application for travel abroad shall be approved
by the Administrator and confirmed by the Board.
WHAT IF THE PAROLEE VIOLATED THE CONDITIONS OF PAROLE?
1. The PPO shall produce a progress report.

2. The PPO afterwards shall submit an infraction report to the Board of Pardons and Parole.
3. Upon receipt of an infraction report, the Board may ORDER THE ARREST OR
RECOMMITMENT (OAR) of the client; and
4. The Board may recommend the cancellation of the pardon or cancel the grant of parole.
EFFECT OF RECOMMITMENT OF CLIENT
The client who is recommitted to prison by the Board shall be made to serve the remaining unexpired portion
of the maximum sentence for which he was originally committed to prison.
Parole Probation
Continue the remaining maximum sentence Serve the original sentence in full
TERMINATION / COMPLETION OF PAROLE AND CONDITIONAL PARDON SUPERVISION
After the expiration of the maximum sentence of a client, the Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has substantially complied with all the conditions of his parole/pardon,
issue a CERTIFICATE OF FINAL RELEASE AND DISCHARGE (CFRD) to a parolee or pardonee. However, even
before the expiration of maximum sentence and upon the recommendation of the Chief Probation and Parole Officer,
the Board may issue a certificate of Final Release and Discharge to a parolee/pardonee pursuant to the provisions of
Section 6 of Act No. 4103, as amended.
WHAT IS THE DOCUMENT REQUIRED BEFORE THE ISSUANCE OF THE CFRD?
“SUMMARY REPORT” - It refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter’s final release and discharge.
WHAT IS THE EFFECT OF CERTIFICATE OF FINAL RELEASE AND DISCHARGE?
Upon the issuance of a Certificate of Final Release and Discharge, the parolee/pardonee shall be finally released and
discharged from the conditions appearing in his release document. However, the accessory penalties of the
law
which have not been expressly remitted therein shall subsist.
Historical Background of Parole:
Parole as a penal practice is part of the reformatory idea which originated in the dim historical part in Europe.
Among the practices in the 17 th and 18th centuries wasthe conditional pardon granted to indentured servants
transported to the American colonies.
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Names to Remember in the History of Parole
1. Capt. Alexander Maconochie – (England) became the Governor/ Supt. of Norfolk Island, a penal
colony in the east of Australia and initiated the famous “Mark System”.
2. Sir Walter Crofton - remedied and perfected the failure and drawbacks in the Mark System. He
introduced the Irish System and was appointed as the Director of Irish Prison System.
3. Dr. S.G. Howe of Boston - first man to use the word “parole”, he used the word in a letter to a
prison Association of New York in 1869, after some American Prison Reformers who observed that the
Irish Prison System paved the way for the approval of the law creating Elmira Reformatory.
4. Zebulon R. Brockway- Superintendent of Elmira Reformatory, compulsorily developed parole which
soon spread to other states in the U.S.A.
Parole in the Philippines
Act. 4103- Otherwise known as the “Indeterminate Sentence law”

(Took effect on December 5, 1933)
Board of Indeterminate Sentence
Amended Executive Order 83, series of 1937

-Gave the Board the authority to advice the Chief executive on the course or courses of action to take on petitions for
executive clemencies.
- It renamed the Board of Indeterminate Sentence to
BOARD OF PARDONS
Amended by Executive Order 94, otherwise known as

“The Reorganization Law of 1947”
which abolished the Board of Pardons and created the Board of Pardons and Parole
Constitutional and Statutory Mandate
The Board is the administrative arm of the President of the Philippines in the exercise of the constitutional power to
grant, except in cases of impeachment, pardon, reprieve and amnesty after conviction by final judgment.
The Indeterminate Sentence Law of 1933 was further amended by RA 4203 which provided the qualifications, term
of office, composition and compensation of the Board members on June 19, 1965.
BPP Resolution No. 229 dated April 2, 1991 “Authority of Regional Probation and Parole
Officers” to conduct Pre-Parole Investigation.
The Board resolved as it is hereby resolved, to authorize the parole and probation administration to conduct Pre-
Parole and Executive Clemency of Investigation of provincial and national prisoners confined in city and provincial
jails, the national penitentiary and penal colonies and to submit a report of said investigation sixty days before the
expiration of the minimum sentence of the prisoner concerned.
Likewise, by virtue of the Executive Order No. 292 on November 23, 1989, Probation Administration was renamed
Parole and Probation Administration.
Parole Investigation Process
Process starts upon receipt of the Board of Prison and records and CARPETA of national prisoners, (confirmed in
national penal farms and colonies) from the Director of Prisons.
The Director of Prisons has the responsibility to forward the document to the Board of Pardons and Parole , 30
days before the expiration of the prisoner’s minimum sentence.
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The Municipal, City, District and Provincial Jail Wardens have the obligation to transmit to the Director of Prisons all
pertinent records of prisoners in jails 30 days before the expiration of such prisoner’s minimum sentence. The
Director of Prisons shall submit to the Board for its consideration within 15 days after receipt of aforestated records.
At any time, prisoners or any person in their behalf can file a petition for parole and executive clemency in view of
the fact that NOT ALL prison records and Carpetas of qualified national, provincial, district, municipal and city
prisoners are transmitted to the concerned authorities within the reglementary period.
If the petitioner’s application is considered, the Board will issue a Referral, requesting the Parole and
Probation Administration to conduct the following within 30 days upon receipt thereof: a. Conduct pre-parole
investigation
b. Submit pre-parole investigation report
Upon receipt of said reports, the Board shall assess and determines whether the petitioner is qualified for parole. If
the offender deserves to enjoy the benefits of being placed on parole.
“Release Document” or specifically known as “Discharge on Parole” will be issued for prisoner’s temporary liberty.
Petition for Parole/Executive Clemency filed by convicted aliens who are serving sentence in the Philippines are
referred for comment and recommendation to the Secretary of Foreign Affairs who shall determine in so far as it is
valid and legitimate the grant of executive clemency to a foreigner should be done. The basis of its approval shall be
“Quid Pro Quo” or “something to something”.
The Board can always act on the cases of a national prisoner regardless of where he is confined. However, if still
confined in Municipal, City, District and Provincial jails, the warden shall issue a certification that the continued
confinement of the prisoner in his jail is beyond his or prisoner’s control.
♦ Take note that the Board does not take action on prisoners who have pending cases in court.
Duties of the Board:
a. Look into the physical, mental and moral record of prisoners who are eligible for parole and
determines the prescriptive period of their release;
b. Publication of names of Prisoners being considered for parole;
c. Notify the offended party;
d. Review cases of prisoners eligible for parole or executive clemency; and
e. Issue referral to the Parole and Probation Administration.
Eligibility for Review:

Prisoner’s case is eligible for review if:
1. His conviction is final and executory;
2. He has served the minimum period of the sentence imposed upon him.
Disqualifications:
Prisoners are disqualified to be on parole if:
1. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment;
2. They were convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition or coup d’ etat and piracy or mutiny on the high seas or Philippine waters;
3. They are habitual delinquents;
4. They escaped from confinement or evaded sentence;
5. They have been on conditional pardon and had violated any of the conditions imposed by the
Board;
6. Their sentences do not exceed 1 year or those with definite sentence;
7. They are suffering from any mental disorder as proven by a government psychiatrist or
psychologist accredited by the Department of Health; or 8. They have pending criminal cases.
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Parole Investigation Process
Director of Prisons
(Forward Carpeta and Prison Records)
Board
Referral
P.P.A.
-Conduct Pre-Parole Investigation (PPI)
-Submit Pre- Parole/Investigation Report (PPIR)
-Thirty days investigation period
Board
Grant Denied
Discharge on Parole Serve the Sentence
Temporary Liberty
-will be placed under Parole Conditions
Parole Supervision Process:
Starts upon the issuance of the “DISCHARGE ON PAROLE” or otherwise known as the “RELEASE DOCUMENT”
from the Board of Pardons and Parole.
Should a prisoner be released because of PAROLE, he will be called a PAROLEE. However, if he will be placed
under CONDITIONAL PARDON, he will be called PARDONEE. Whether a parolee or pardonee, both will be
considered as “CLIENTS”. They will be under the supervision and shall abide with the conditions stated in their
release document.
The mandatory parole conditions:
a. To report to the probation office within 45 days (dati), now as prescribed by release document
b. To report at least once a month for those who are residing outside Metro Manila/to report at least
twice a month for those who are residing within Metro Manila
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Substantial compliance during parole supervision would result in the submission of summary report by the
supervising Probation and Parole Officer. In effect, upon evaluation, the board may resolve to issue a CERTIFICATE
OF FINAL RELEASE AND DISCHARGE (FRD) for the absolute freedom of the client.
On the contrary, if the client failed to comply with his any of his parole conditions stated in his discharge on parole,
the supervising Probation and Parole Office may submit a Progress, Infraction or violation Report with
recommendation to issue an ORDER OF ARREST AND RECOMMITMENT (OAR). In this regard; the Board may
grant the same which may result to re-incarceration of the client.
Parole Supervision Process
Board
Release Document (Discharge on Parole)
Director of Corrections or Warden of the Jail
Certificate of Release of the Prisoner
Probation and Parole Officer
Parole Supervision
Client (Parolee/ Pardonee)
Conditions
Complied Did not comply
Summary Report Reports

1. Progress Report
2. Infraction Report
3. Violation Report
Certificate of final release Order of Arrest and Recommitment
Absolute Freedom Prison

-serve the remaining portion of the
maximum sentence to which he has originally
committed to prison
SALIENT POINTS OF RA 10592

PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT
1. Full time credit allowance for preventive imprisonment
➢ If the inmate agrees to the rules in writing that he will be treated as like a regular convicted
inmate (inmate’s manifestation).
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➢ If didn’t agree to abide with the rules, the inmates will be given 4/5 of the credit
Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the
same is under review.
In case the maximum penalty to which the accused may be sentenced is Destierro, he shall be released after thirty
(30) days of preventive imprisonment."
MODE OF EARLY RELEASE
1. RA 6127 also known as The Full Time Credit
"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners,
he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone
preventive imprisonment."
Section 2. This act shall take effect upon its approval.
Approved: June 17, 1970
2. Good Conduct Time Allowance

Whenever lawfully justified, the Director of Prison grants allowances for good conduct. Such allowance once granted
shall not be revoked.
a. Authority to grant time allowance for good conduct is exclusively vested in the Director of Prison.
(provincial
warden cannot usurp Directors's authority);
b. It is not an automatic right and once granted, cannot be revoked by the Director of Prison. ( Article
99, Revised Penal Code)
Grant of Good Conduct Time Allowance

a. The Director of Correction shall grant allowances for good conduct. Such allowances once granted
shall not be revoked.
b. The allowance for good conduct shall be granted equally and uniformly to prisoners with good
behavior and without adverse records of branches of discipline or violation of prison rules and regulations
that are recorded in their prison carpetas or file jackets.
To be deducted Good Conduct and Time Allowance (GCTA) from sentence as long as there are no
infractions warranting non-deduction under the law.
The Director of Corrections may grant GCTA to an inmate for good behavior with no record of disciplinary infraction
or violation of prison rules and regulations. GCTA is the statutory reduction of a prisoner's sentence for good
behavior during confinement under Article 97 of the Revised Penal Code. This is automatically applied to all prisoners
as long as he does not commit violations of prison rules and regulations. GCTA is a kind of right that can only be
denied if the prisoner breaks the rules and only after due process is observed.
Good conduct entitles the inmate to the following deductions from his sentence
•During the first two (2) years of imprisonment, he shall be allowed a deduction of five (5) days for each month of
good behavior;
• During the third (3rd) to fifth year(5th), inclusive, of imprisonment, he shall be allowed a deduction of eight (8)
days for each month of good behavior;
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•During the following years until the tenth (10th) year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten (10) days for each month of good behavior; and
•During the eleventh (11th) and successive years of his imprisonment, he shall be allowed a deduction of fifteen (15)
days for each month of good behavior.
-Allowance for good conduct is not applicable when the prisoner is release under conditional pardon. -Good
conduct time allowance is given in consideration of good conduct of prisoner while he is serving his sentence.
(Article 97, Revised Penal Code)
GOOD CONDUCT TIME ALLOWANCE
OLD GCTA LAW ART 97. RPC

1) 1st 2 year – 5 days per month
2) 3rd – 5th year – 8 days per month
3) 6th – 10th year – 10 days per month
4) 11th – succeeding years – 15 days per month
Granted only by the director of BUCOR to a convicted inmate & cannot be applied in BJMP.
Act No. 2489, otherwise known as the Industrial Good Time Law, provides that when a prisoner has been
classified as trusty or penal colonists , he is given an additional 5 days’ time allowance for every
month of
service. A prisoner serving life sentence has his sentence automatically reduced to 30 years of imprisonment upon
attaining the classification of trusty or penal colonists
The abovementioned privilege will not apply if,

✓ When they are recidivists, or have been convicted previously twice or more times of any crime; and ✓
When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
NEW GOOD CONDUCT TIME ALLOWANCE (RA 10592)

1. 1st to 2nd year – 20 days / month
2. 3rd to 5th year – 23 days / month
3. 6th to 10th year – 25 days / month
4. 11th up – 30 days / month
5. -15 days / month for study and mentoring
May be granted by the Director of BJMP, Director of BuCor and Provincial, City and Municipal Jail
Wardens and can now be granted even to a detainee while undergoing trial.
DISQUALIFIED FOR GCTA
✓ Recidivist, quasi-recidivist and habitual delinquents

✓ Failed to surrender voluntarily after being summoned to the execution of the sentence
3. SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)
ART. 98 – deduction of 1/5 if the convict voluntarily surrendered within 48 hours after the declaration of passing of
calamities or conflagration or even man-made crisis.
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Art 158 – Evasion of Service of Sentence due to failure to return within 48 hours after passing of calamity or
disorder. Surrendered after 48 hours shall also be charged with Art. 158 but must be given the mitigating
circumstance of voluntary surrender.
RA 10592 – deduction of 2/5 if the inmate stayed while disaster is present.
"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."
OTHER FORMS OF NON-INSTITUTIONAL CORRECTIONS
EXECUTIVE CLEMENCY
- collective term for absolute pardon, conditional pardon, reprieve, amnesty and commutation of sentence
HOW TO APPLY FOR EXECUTIVE CLEMENCY?
A formal petition for executive clemency addressed as follows shall be submitted to the Board before the question
of said clemency will be considered.
“The President of the Philippines Thru: The Chairman Board of

Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor. East Avenue, Diliman, Quezon City”
PARDON
✓ It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts
the individual on whom it is bestowed from the punishment that the law inflicts for a crime he has
committed. Pardoning power is exercised by the President.
It 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 not entitled to it as a matter of right. The exercise of pardon is vested in the Executive, is
discretionary and is not subject to review by the courts. Neither does the Legislative Branch of the government hs
the right to establish conditions nor provide procedures for the exercise of clemency.
History of Pardon
The exercise of the pardoning power has always been vested in the hands of the executive branch of the
government, whether King, Queen, President or Governor. Pardon dates back to the pre-Christian era. In fact, the
Bible contains an illusion where a criminal was released and pardoned by the King at the time Christ was crucified.
In England, pardon was developed out of the conflict between the King and the Nobles who threatened their
powers. 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 England today the power to extend pardon is vested in the Queen upon advice of the
Minister of the Interior.
In the United States, pardoning among the early American colonists was a carry-over of the 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 Governor in federal and state cases, respectively.
In the Philippines, the Jone’s Law Section 21 stated that “the Governor General of the Philippine Islands is
vested with the power to grant pardons and reprieves and remit fines and forfeiture”. The pardoning power was
vested in the Prime Minister by Article IX, Section 14 of the Philippine Constitution which states:
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“The Prime Minister shall have the power to grant reprieves, commutations, and pardons, and remit fine and
forfeitures, after convictions for all offenses, except cases of impeachment, upon such conditions and with such
restrictions and limitations as he may deem proper to impose. He shall have the power to grant amnesty with the
concurrence of the Congress.”
GENERAL TYPES OF PARDON
1. Special Pardon – Pardon given to a single individual.

2. General Pardon - pardon given to classes or group of people.
KINDS OF PARDON
1. ABSOLUTE PARDON - the extinction of the criminal liability of the individual to whom it is granted
without any condition and restores to the individual his civil rights.
The purposes of this kind of pardon are-
a. TO DO AWAY WITH THE MISCARRIAGE OF JUSTICE.
Under the present method of judicial procedure justice is not guaranteed. It is possible to convict innocent person as
it is possible for criminals to escape the hands of justice. When an innocent convict has no more recourse through
courts, the remedy is absolute pardon. The power of the President to pardon offenders on the grounds of innocence
is rarely exercised because the criminal procedures are liberal in granting a new trial in case of an offender has no
more legal remedy will pardon of this nature be given. If so exercised, absolute pardon is granted after an
exhaustive investigation is conducted and upon recommendation of the Secretary of Justice.
b. TO KEEP PUNISHMENT ABREAST WITH THE CURRENT PHILOSOPHY, CONCEPT OR

PRACTICE OF CRIMINAL JUSTICE ADMINISTRATION.
A criminal act, because of changing scheme of social values, may become non-criminal at a later date. Therefore,
persons serving imprisonment at the time of the repeal of the law abolishing the crime may be extended absolute
pardon. For example, a person serving imprisonment for black-marketing of gasoline when this commodity was
rationed may, after the repeal of the law on black-marketing be extended absolute pardon.
c. TO RESTORE FULL POLITICAL AND CIVIL RIGHTS OF PERSONS WHO HAVE ALREADY SERVED THEIR
SENTENCE AND HAVE WAITED THE PRESCRIBED PERIOD.
The greatest number of applications for absolute pardon come from ex-prisoners who desire to be restored their
political and civil rights. In the Philippines, the Office of the President laid down the policy to grant absolute pardon
to exprisoners ten years from the date of their release from prison. Recently the policy was relaxed, thereby
shortening the waiting period of five years. The waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.
CRISTOBAL VS LABRADOR
The case where the Supreme Court laid down the doctrine that Absolute Pardon removes all that is left of
the consequences of conviction and that it is absolute in so far it restores the pardonee his full civil political
rights.
2. CONDITIONAL PARDON
The extinction of the criminal liability of an individual, within certain limits or conditions, from the punishment
which the law inflicts for the offense he has committed.
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Conditional Pardon serves the purpose of releasing, through executive clemency, a prisoner who is already reformed
or rehabilitated but who cannot be paroled because the parole law does not apply to him. Thus, a prisoner serving a
determinate sentence or life imprisonment is excluded from the benefits of the parole law. However, when this
prisoner has already been reformed, he may be released on conditional pardon.
EFFECTS OF PARDON
1) It removes penalties and disabilities and restores full civil and political rights;
2) It does not discharge the civil liability of the convict to the individual he has wronged as the
President has no power to pardon a private wrong;
3) It does not restore offices, property or rights vested in others in consequence of the
conviction. Under our law, a pardon shall not work the restoration of the right to hold public office or
the right of suffrage unless such rights be expressly restored by the terms of the pardon.
LIMITATIONS /DISQUALIFICATION UPON THE PARDONING POWER
1) It may not be exercised in impeachment cases;

2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) In case of violation of election law or rules and regulations, no pardon, parole or suspension
of sentence may be granted without the recommendation of the Commission on Elections;
5) It may not be exercised during pendency of case or trial or during appeal
6) Violation of Art. 157 – evasion of service of sentence for 1 year from the time of recommitment; and
7) It cannot be exercised in cases of violations of tax laws.
It is an elementary principle in political law that pardon can only be given after final conviction. Cases pending
trial or on appeal are still within the exclusive jurisdiction of the courts; hence, pursuant to the theory of separation
of powers, the Chief Executive has no jurisdiction over the accused.
Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a
period of one (1) year from the date or their last recommitment to prison or conviction for evasion of
service of
sentence
ELIGIBILITY FOR CONDITIONAL PARDON
He must have served at least one half (1/2) of the minimum of his indeterminate sentence or the following portions
of his prison sentence:
- at least two (2) years of the minimum sentence if convicted of Murder or
Parricide but not sentenced to Reclusion Perpetua;
- at least one (1) year of the minimum sentence if convicted of Homicide; -
- at least nine (9) months if convicted of Frustrated Homicide; and -

- at least six (6) months if convicted of Attempted Homicide.
Nature of Conditional Pardon
Conditional pardon is in the nature of a contract, so that it must first be accepted by the recipient before it
takes effect. The pardonee is under obligation to comply strictly with the conditions imposed therein; otherwise, his
non-compliance will result to the revocation of the pardon. (Art. 95, RPC).
If the pardonee violates any of the conditions of his pardon, he will be prosecuted criminally as a pardon
violator. Upon conviction, the accused will be sentenced to serve an imprisonment of prison correctional. However, if
the penalty remitted by the granting of such pardon be higher than six years, the pardonee will be made to serve
the unexpired portion of his original sentence. (Art. 159, RPC)
How Conditional Pardon is given

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Conditional Pardon may be commenced by a petition filed by the prisoner, his family or relative, or upon
the recommendation of the prison authorities. The petition or request is processed by the Board of
Pardons and Parole. The Board shall determine if the prisoner has served a sufficient portion of his sentence; his
release is not inimical to the interest of the community; and that there is likelihood that the offender will not become
a public charge and will not recidivate in crime. If all these factors are favorable, then the Board will endorse the
petition favorably
to the President. If the case is premature, the petitioner is so informed.
SOME GUIDES IN PARDON SELECTION
IN DETERMINING THE FITNESS OF A PRISONER FOR RELEASE ON CONDITIONAL PARDON, THE

FOLLOWING POINTS SHALL BE CONSIDERED AS GUIDES:
a. The political, organizational or religious affiliation of the prisoner should be disregarded.
b. Due regard should be given to the attitude of the people in the community from which he was
sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to prison – social, economic,
psychological and emotional backgrounds – should be carefully investigated.
CONDITIONAL PARDON DISTINGUISHED FROM PAROLE.
The purpose of conditional pardon and parole is the same – the release of a prisoner who is already
reformed in order that he can continue to serve his sentence outside of the institution, thus giving him the
opportunity to gradually assume the responsibilities of a free man. Both releases are subject to the same set
of conditions will
subject the parolee or pardonee to be recommitted to prison. The only difference between the two is the
granting authority. In parole the granting authority is the Board of Pardons and Parole , while in
conditional
pardon, the granting authority is the President .
CONDITIONS OF PARDON
In the Philippines, the pardonee is given the same set of rules or conditions as the parolee. Among the conditions
usually imposed on pardonees and parolees are the following:
a. That he shall live in his parole residence and shall not change his residence during
the period of his parole without first obtaining the consent of the Board of Pardons and Parole. If the
parolee or pardonee leaves the parole jurisdiction temporarily, he needs not get the permission of the
Board, although he may so inform his parole officer (Municipal Judge) of his whereabouts.
b. That he shall report to the Municipal Judge (of the town where he will reside) or to such officer as
may be designated by the Executive Officer of the Board of Pardons and Parole during the first year
once a month and,
thereafter, once every two months or as often as he may be required by said officer.
c. That he shall not indulge in any injurious or vicious habits, and shall avoid places or
persons of disreputable or harmful character.
d. That he shall permit the Provincial Commander, Philippine Constabulary or any officer designated
by the Executive Officer of the Board to visit him at reasonable times at his place of abode or elsewhere
and shall truthfully answer any reasonable inquiries concerning his conduct or conditions.
e. That he shall not commit any crime and shall conduct himself in an orderly manner.
f. That he shall pay not less than P50.00 a month to the cashier of the Department of Justice in
payment of the indemnity imposed upon him.
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g. That he shall comply with such orders as the Board or its Executive Officer may from time to time
make.
ABUSE OF THE PARDON POWER AND ITS SAFEGUARDS.
There are certain safeguards, however, against the abuse of the pardoning power. First is the constitutional
provision that the President may be impeached for a willful violation of the Constitution. This is enough
deterrent for the Chief Executive to abuse this power. Second, is the policy of the Office of the Chief Executive, ever
since the time of the American Governors General, to approve pardon cases which are favorably
recommended by the Board of Pardons and Parole. Although this policy does not wholly bind the President,
seldom, if ever, has it been disregarded.
COMMUTATION OF SENTENCE
- Reduction or lowering, shortening of sentence

- an executive clemency changing a heavier sentence to a less serious one, or a longer prison term
to a shorter one
- granted by the president with the recommendation of the BPP
- granted after conviction but do not erase the fact of conviction of the person
- granted with condition of maintaining good behavior
ELIGIBILITY FOR COMMUTATION OF SENTENCE
He must have served at least one third (1/3) of the minimum of his indeterminate sentence or the following
portions of his prison sentence consisting of Reclusion Perpetua:
- at least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape, or Kidnapping
with Murder
- at least eight (8) years if convicted of Simple Murder, Parricide, Rape or Violation of anti-drug laws
- at least twelve (12) years if given two or more sentences of Reclusion Perpetua
- at least twenty (20) years in case of two (2) sentences for Reclusion Perpetua, provided that at
least one (1) of the sentences had been automatically commuted from a death sentence
“Reprieve” refers to the deferment of the implementation of the sentence for an interval of time; it does not
annul the sentence but merely postpones or suspends its execution. The postponement / withholding
or
temporary stay of the execution of a death sentence
Reprieve is a temporary stay of the execution of the sentence . Like pardon, the President can only exercise
reprieve when the sentence has become final. Generally, reprieve is extended to death penalty prisoners. The date
of the execution of sentence is set back several days to enable the Chief Executive to study the petition of the
condemned man for commutation of sentence or pardon.
WHEN A DEATH SENTENCE MAY BE SUSPENDED?
Death sentence shall be suspended when the accused is:
1. A woman, while pregnant;

2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a person over 70 years old is
necessary to give the President time to act because only the President can reduce the sentence.
5. In cases wherein, a convicted prisoner became insane before the actual date of execution.
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AMNESTY
- an act of the sovereign power granting oblivion or general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of a political character,
such as treason, sedition or rebellion
- Also known as General Pardon or Blanket Pardon
-
DISQUALIFICATION FOR AMNESTY
1. Proclamation No. 75 made clear that the amnesty "shall not cover rape, acts of torture, crimes
against chastity and other crimes committed for personal ends."
Rules, procedures, and further requirements to implement Proclamation No. 75 were contained in Circular No. 1
of the DND Amnesty Committee.
It included a condition where the applicant should have an " express admission" of participation and guilt, and a
"recantation of all previous statements" that are not consistent with the admission.
2. Cannot also be granted in cases of impeachment

3. Cannot be applied to cases of violation of election laws without favorable recommendation from
the COMELEC 4. Cannot be granted in cases of RA 9745 or anti torture law.
5. Cannot be extended to cases of civil and legislative contempt.
EFFECTS OF AMNESTY
1. Looks Backward: Extinguishes Criminal Liability

- Amnesty totally extinguishes criminal liability and produces total oblivion.
2. Restore Civil and Political Rights

- Amnesty restores all the civil and political rights lost due to criminal and other actions or proceedings as a product
of conviction.
PROCESS OF GRANT OF AMNESTY
1. Proclamation of the president granting amnesty, specifying the crime committed and specific
names of individual(s) that can avail amnesty
2. Concurrence of majority of the members of Congress
3. Application of the beneficiaries
4. Admission of Guilt
5. Review by the ad hoc committee for qualification
6. Referral clearance by the ad hoc committee to DND if the crime is against national security and to
COMELEC if against election laws for recommendation
7. Decision of the Ad Hoc Committee to grant amnesty
EXECUTIVE CLEMENCY INVESTIGATION PROCESS:

Upon referral from the Office of the President or upon petition of the prisoner, the Board may act on his case. A
formal petition may be submitted to the Board and should be addressed to:
The President of the Philippines

Through the Chairman
Board of Pardons and Parole
Quezon City
Under the Rules and Regulations of Board of Pardons and Parole, “The Board may, however, motu propio, consider
cases for commutation of sentence or the conditional pardon of deserving prisoners whenever the interest of justice
will be served thereby”
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Petition for Absolute or Conditional Pardon shall be indorsed to the Board by the Secretary of the National Defense if
the crime committed by the prisoner is a crime against national security. However, if it is a violation against any of
the crimes stated in the Omnibus Election Code or any of its rules and regulations, then favorable endorsement shall
be done by Commission on Election.
The guidelines for recommending Executive Clemency
The President has the power to grant Executive Clemency. The Board of Pardons and Parole acts on the cases of
prisoners upon his application or referral by the Office of the President.
The following Extra Ordinary Circumstances shall be considered in the grant of Executive Clemency (E.C): (BPP
Manual 2006)
1. Recommendation granting Executive Clemency for the prisoners given by the trial court or
appellate court;
2. Penalty imposed is too harsh compared to the crime committed by the prisoner;
3. Presence of evidence which would have justified an acquittal of the accused which was not
considered by the court even before his/her conviction;
4. Prisoners who are more than nine (9) years but lower than eighteen (18) years at the time of the
commission of the offense;
5. Prisoners who are seventy (70) years old and above and have serve at least five (5) years of their
sentences or whose continued imprisonment would be harmful to their physical conditions.
Other Circumstances:
1. Prisoner is suffering from severe physical disability according to a certified physician accredited by the Department
of Health;
Petition for Executive Clemency may be reviewed only if the petitioner meets the minimum requirements as stated in
the Manual of the Board of Pardon and Parole.
DISQUALIFICATIONS:
Prisoners shall not be granted Executive Clemency if:

1. They had been on conditional pardon and violated any of its conditions;
2. They are recidivist;
3. They were convicted of evasion of service of sentence, kidnapping for ransom, violation of RA 9165
except those convicted of the use and or possession of prohibited or regulated drugs, offenses
committed under influence of drugs;
4. Their release would be a risk to the community; and
5. They are suffering from insanity.
Who may apply?

- A prisoner: not eligible for Parole
- Who has not been sentenced to another prison term within one (1) year from the date of his last
recommitment to the jail or prison from where he escaped;
- Who has not violated any condition of his discharge on parole or conditional pardon;
- Who is not suffering from mental illness or disorders certified by a government psychiatrist.
When to apply?
- Commutation of sentence- once the prisoner has served at least 1/3 of the minimum of his
indeterminate sentence;
- Conditional Pardon- once the prisoner served ½ of the minimum of his indeterminate sentence;
- Absolute Pardon- Ten (10) years must have elapsed from the date of the petitioner’s release from
confinement, or five (5) years from the expiration of his maximum sentence, whichever is more beneficial
to him.
Where to apply?
- The President of the Philippines, through the Chairman, Board of Pardons and Parole, Manila.
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Executive Clemency Investigation Process
Office of the President made by the Prisoner
Board
(Referral)
P.P.A.
-investigate
-submit required reports within 30 days
Board
-recommends
- resolves
- certifies
Office of the President
Granted Denial
Immediate implementation Retention in Prison
GENERAL GUIDELINES
Executive Clemency
Shall refer to Absolute Pardon, Conditional Pardon, Commutation of Sentence and Reprieve as may be
granted by the President of the Philippines upon the recommendation of the Board of Pardons and Parole. Under the
law, the President has the power to grant pardons, commutations, amnesty for all offenses except impeachment
cases and remit fines and forfeitures after the recipient has been convicted.
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. Clemency under
the criminal justice system is the act by an executive member of government of extending mercy to a convicted
individual.
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The Board of Pardons and Parole is the agency in charge with the release of sentence prisoners based on
modes specified by law. Its action and proceeding is governed by the provisions of Sec. 4 of Act. No. 4103,
otherwise known as The Indeterminate Sentence Law, as amended, and Executive Order No. 292, series of 1987,
otherwise known as The Administrative Code of 1987.
An Indeterminate Sentence is a sentence imposed for a crime that is not given a definite duration. The
prison term does not state a specific period of time or release date but just a range of time such as "five-to-ten
years."
Pardon
Pardon is a form of executive clemency granted by the President of the Philippines as a privilege
extended to a convict as a discretionary act of grace. Neither the Legislative nor the Judiciary branch of government
has the power to set conditions or establish procedures for the procedures for the exercise of this Presidential
prerogative. It is highly political in nature and is usually granted in response to popular clamor or to aid in the return
to normalcy of a political situation that might affect the country if not addressed.
Effects of Pardon
The pardoned individual no longer has an active felony conviction and should therefore be eligible for
employment opportunities that were previously unavailable. It restores the individual’s civil rights. Pardon has
generally been regarded as blotting out the existence of guilt so that in the eye of the law the offender is as
innocent as though he never committed the offense, it does not operate for all purposes. The very essence of a
pardon is forgiveness or remission of guilt. Pardon implies guilt. It does not erase the fact of the commission of the
crime and the conviction thereof. It does not wash out the moral stain. It involves forgiveness and not forgetfulness.
The better considered cases regard full pardon (at least one not based on the offender’s innocence) as
relieving the party from all the punitive consequences of his criminal act, including the disqualifications or disabilities
based on the finding of guilt. But it relieves him from nothing more. “To say, however, that the offender is a “new
man”, and “as innocent as if he had never committed the offense;” is to ignore the difference between the crime and
the criminal. A person adjudged guilty of an offense is a convicted criminal, though pardoned; he may be deserving
of punishment, though left unpunished; and the law may regard him as more dangerous to society than one never
found guilty of crime, though it places no restraints upon him following his conviction.”
A pardon looks to the future. It is not retrospective. It makes no amends for the past. It affords no relief
for what has been suffered by the offender. It does not impose upon the government any obligation to make
reparation for what has been suffered. “Since the offense has been established by judicial proceedings, that which
has been done or suffered while they were in force is presumed to have been rightfully done and justly suffered, and
no satisfaction for it can be required.”
Absolute Pardon
It refers to the total extinction of the criminal liability of the individual to whom it is granted without any
condition whatsoever and remits the penalty imposed for the particular offense of which he was convicted. Absolute
pardon is a pardon which releases the wrongdoer from punishment and restores the offender's civil rights without
qualification.
There are two purposes of absolute pardon. First, to right a wrong. Next, to normalize tumultuous political
situation.
Former Philippine President Gloria Macapagal Arroyo's executive pardon of Joseph Estrada, also a former
president convicted of economic plunder, has ignited controversy. The pardon is perhaps strategically intended to
neutralize the threat that Mr Estrada could rally further opposition to the rule of Ms Macapagal Arroyo.
Conditional Pardon
It refers to the exemption of an individual, within certain limits or conditions; from the punishment that the
law inflicts for the offense he has committed resulting in partial extinction of his criminal liability.
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Conditional pardon is a pardon that will not become effective until the wrongdoer satisfies certain
prerequisites or else the pardon will be revoked upon the occurrence of some specified act. In other words, a pardon
is conditional in nature when its effectiveness depends upon the fulfillment of a condition by the offender, usually a
lesser punishment, as in the commutation of the death sentence.
Amnesty
A special pardon exercised by the President of the Republic is amnesty. Amnesty is a general pardon
extended to a certain class of people who are usually political offenders. On the other hand, Amnesty needs the
concurrence of Congress and the courts also take judicial notice of the act by the President. Amnesty can be granted
before or after conviction.
Amnesty, from the Greek stem amnestia, meaning to forget, is an act of the legislature whose aim is to erase
an accomplished fact which would otherwise be punishable, and so either to prevent or to stop legal action or as the
case may be, to erase any sentence. Amnesty laws have their own particular characteristics: they are by definition
retroactive, since they can only apply to acts committed before they are passed. Their application is always a matter
of public concern.
In the United States, President Harry S. Truman issued two Presidential Proclamations granting amnesty to
groups of unnamed persons who were anti-war activist who opposed the involvement of United States in two wars.
The first amnesty was proclaimed in 1945 right after World War II. The second is after the Korean War in 1952.
Reprieve
It is applied to death sentences already affirmed by the Supreme Court. Reprieve is the temporary stay of
the execution of a sentence. In death sentences, the date of execution of the death convict is held in abeyance for a
certain period to enable the Chief to temporarily stay execution of sentence.
Commutation of Sentence
Commutation of sentence shall refer to the reduction of the duration of prison sentence . It is another
prerogative of the President. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or
shorter term. Death sentences or life imprisonment is reduced to a shorter sentence. The petition for absolute
pardon shall be accompanied by the following requirements:
Affidavits of at least 2 responsible members of the community where the petitioner resides. The affidavits shall
among others, state that the petitioner has conducted himself in moral and law-abiding citizen manner since his
release from prison and shall indicate the petitioner’s occupation and the community service he has rendered, if any;
The clearances from the police, courts and prosecutor’s office where the petitioner resides.
A petitioner shall be eligible for the grant of Executive Clemency if he meets the following minimum requirements:
1. For commutation of sentence, the petitioner must have served at least 1/3 of the minimum
sentence of his indeterminate sentence or the following portions of his prison sentence consisting of
reclusion perpetua (Life Imprisionment): a. at least 10 years if convicted of Robbery with Homicide,
Robbery with Rape or Kidnapping with Murder; b. at least 8 years if convicted of Simple Murder, Parricide,
Rape or violation of Anti-Drugs Laws; c. at least 12 years if given two or more sentences for Reclusion
Perpetua; d. at least 20 years in case of 1 death sentence which was automatically commuted to
Reclusion Perpetua; e. at least 25 years in case of two sentences for Reclusion Perpetua; provided that at
least 1 of the sentences had been automatically commuted from a death sentence.
2. For conditional pardon, the petitioner must have served at least ½ of the minimum of his
indeterminate sentence or the following portions of his prison sentence; a. at least two years of the
minimum sentence if convicted of Homicide; b. at least one year of the minimum sentence if convicted of
Homicide; c. at least nine years if convicted of Frustrated Homicide; d. at least six months if convicted of
Attempted Homicide.
3. For absolute pardon ten years must have elapsed from the date of the release of petitioner from
confinement or five years from the date of expiration of his maximum sentence whichever is more
beneficial to him.
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The following category of prisoners shall not be considered for commutation of sentence or conditional pardon: a.
the petitioner is eligible for parole; b. the petitioner had been sentenced to another prison term within one year from
the date of his last recommitment to the jail or prison from where he escaped; d. the petitioner is suffering from
mental illness or disorder as certified by a government psychiatrist.
DIFFERENCES BETWEEN AMNESTY AND PARDON and OTHER CBRP’S
PARDON AMNESTY
Granted by the president Granted by the president with concurrence of
congress
1 pardon = 1 person 1 amnesty = group
Granted after conviction Even before trial or filing of complaint
General types of crimes For political crimes only

Accused/inmate’s Remedy Granted by When to be Availed
Pardon President After final conviction
Reprieve President After final conviction
Commutation President After final conviction
Amnesty President with the Before the prosecution of

concurrence of the criminal action,
majority of all the during trial or before the
Congress judgment, or even after conviction
Probation The court that heard Within 15 days following the

and decided the case promulgation of judgment
Parole The Board of Pardons After service of the minimum

and Parole period of
indeterminate sentence
GCTA The Director of the Every month upon showing

BUCOR or by the BJMP good behavior
or by Provincial Jail OLD RULE =
5,8,10,15
NEW LAW =
20,23,25,30
STAL The Director of the 1/5 of the sentence if returned to

BUCOR or by the BJMP jail within 48 hours after the
or Provincial Jail pronouncement of the passing
away of calamity.

CA 2 Pangmalakasan

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CA-2

Probation and Parole are two forms of non-institutional or community-based corrections.

NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES

NON-INSTITUTIONAL CORRECTIONS refer to that method of correcting sentenced offenders without

ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

Matthew Davenport Hill – FATHER OF PROBATION IN ENGLAND

✓ Augustus was born in Woburn, Massachusetts in 1785.

Probation in New York State had its official beginning in 1901.

HISTORICAL BACKGROUND of Probation in the Philippines

ACT 4221 – THE FIRST PROBATION LAW OF 1935

Congressman Teodulo Natividad

PD 968 - THE PROBATION LAW OF 1976

PROBATION OFFICER (now Probation and Parole Officer)

3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION

SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

e. Probation helps the offender

SUSPENSION OF EXECUTION OF SENTENCE

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

TIME FOR APPLICATION

RA 10707 PROBATION LAW OF 2015

EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

POST SENTENCE INVESTIGATION

DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR INVESTIGATION

COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT SERVING SENTENCE

POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

Probation Investigation Procedures

Full Blown Courtesy Investigation (FBCI)

1. Is a transient offender in a place of commission of the crime and/or a permanent resident of

PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

SUBMISSION OF INVESTIGATION REPORT

NO COPY OF REPORT FOR APPLICANT

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

HEARING NOT REQUIRED

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

GRANT OR DENIAL OF PROBATION

Probation shall be denied if the court finds that:

ISSUANCE OF PROBATION ORDER

APPLICANT MAY REJECT GRANT OF PROBATION

GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE

CIVIL LIABILITY NOT AFFECTED

COVERAGE OR SCOPE OF APPLICATION OF DECREE

A. Non-offenders not covered

Not all offenders, however, fall within its coverage:

1. sentenced to serve a maximum term of imprisonment of more than six years;

WHEN THE COURT MUST DENY PROBATION

What will happen if the application for probation is denied?

How many times can one be granted probation?

1. General or Mandatory Conditions

2. Special or Discretionary Conditions

The court may also require the probationer to:

VIOLATION OF PROBATION CONDITION

When can the Court Modify the Conditions for Probation?

MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION

A. Concept of violation of probation

B. Arrest of the probationer

B. Other ways of terminating probation:

If fully terminated, the court will issue a TERMINATION ORDER

C. Effect of final discharge

SECTION 41. OUTSIDE TRAVEL

a. A Probation Officer may authorize a probationer to travel outside his area of

SECTION 42. CHANGE OF RESIDENCE: TRANSFER OF SUPERVISION