NON-INSTITUTIONALIZED CORRECTION

Probation
Parole
Executive Clemencies
GCTA
Special Time Allowance for Loyalty
PROBATION
House Bill No. 393

– filed by Teudolo C. Natividad and Ramon

Bagatsing. This is the second Bill/measure that attempts
to established an adult probation in the Philippines. It
was passed in the lower house but pending in the senate
when martial law was proclaimed.
 The present probation law:

Presidential Decree 968

– Probation Law of 1976
- This was signed into law by then President
Ferdinand Marcos on July 24, 1976 during the last day of
the first national conference on Crime Control held at
Camp Aguinaldo.
January 3, 1978 – effectivity of the application of the
substantive provisions concerning grant of probation.

Teodulo C. Natividad – former NAPOLCOM

commissioner and former Congressman of Bulacan.
- Known as the “father” of Probation in the
Philippines.
 It is derived from the Latin word “Probatio” which
means Testing Period.
Originated in England in the year 1841.
Matthew Davenport Hill – regarded as the father of
Probation in England.
John Augustus – Father of Probation in USA
Edward Savage – former Boston Chief of Police held as the
first Probation Officer employed by the government.
 Application for Probation

- The application for probation shall be filed by sentenced

or convicted offender whose sentence is not more than 6
years imprisonment. It shall be filed with the court that
tried and sentenced the offender.
- Section 32, RA 6425 (Dangerous Drug Act of 1972)
Probation is granted to drug addicts.
- PD 603, amended by PD 1179 (Child & Youth Welfare
Code) probation to minor offenders.
- PD 968 was approved only on July 24, 1976 and
became operational on January 3, 1978. Sentenced
offenders 18 years and above can apply probation
before serving sentence.
- The first probation in 1937 was declared
unconstitutional because it covers only provinces that
can financially afford to adopt the law.
 Petition for Probation

Is there a need to apply for probation to avail of its

benefits?

- Yes, it will not be granted except upon the

application by the accused. The necessity for such
application is indicated in Sec. 4, PD 968, which states
that “the trial court may, after it shall have convicted and
sentenced a defendant and upon application by said
defendant within the period of perfecting an appeal….
When can a petitioner file his application for
probation?

- the law says that the application should be made

within the period for perfecting an appeal or within 15
days from the promulgation of notice of judgment.
Is there a form prescribed for the application for
probation?

- Yes, it shall be in the form approved by the

Secretary of justice as recommended by the
Administrator or as may be prescribed by the SC.
Where can we file the application for probation?

-The application for probation be filed directly to

the trial court that heard and sentenced the person
applying for probation.
What then be the duty of the court after receipt of
the application?

- the trial court may notify the concerned

prosecuting officer of the application at a reasonable
time before the scheduled hearing thereof.
Procedures in Applying for Probation:

1. The offender or his counsel files a petition with the

convicting court
2. The court determines convict qualifications and
notifies the prosecutor of the filing of the petition
3. The prosecutor submits his comments on such
application within 10 days from receipt of the
notification
4. If petitioner is qualified, his application is
referred to the probation officer for post-sentence
investigation
5. The post-sentence investigation report (PSIR) is
submitted by the probation officer to the court within
60 days
6. The court grants or denies the petition for
probation within 15 days upon receipt of the PSIR.
 Effects of filing an application for Probation

a) the court may, upon receipt of the application

suspend the execution of sentence imposed in
judgment;
b) pending the submission of the PSIR and the
resolution on the application, the applicant may be
allowed on temporary liberty under his bail, on a
new bail, or released on recognizance.
 Disqualifications for Probation

a. Those who were sentenced to more than 6 years

b. Those who were convicted of crimes against the security of the state (Art.
134 to 157 except 135, 140 and 152 of the RPC)
c. Those previously convicted and punished of not less than 1 month and 1
day imprisonment and/or fine of not less than 200 pesos (include those
punished with destierro)
d. Those who were previously granted probation under P.D. 968
e. Those who were already serving their sentence when probation became
applicable
 The Court will not grant Probation if it finds:

a. The offender can be treated better in a mental

institution or other places for correction
b. The offender is a risk to the community
c. The offense is grievous to the eyes of the community
When Probation is granted, what conditions are
imposed by the court?
a. The probationer must present himself to his
probation officer within 72 hours
b. Report to his probation officer at least once a month
c. Not to commit another crime
d. Comply with any other lawful conditions imposed by
the court.
If the probationer committed a crime while under
probation, what would be the consequences?
a. The probationer will be arrested for violation of the
condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original
sentence of the previous offense
How long is the period of probation?

a. Not more than 2 years if the sentence is imprisonment

for 1 year or less
b. Not more than 6 years if t he sentence is
imprisonment for more than 1 year but not more than 6
years.

Note: Probation starts upon issuance of the court

granting probation.
When should probation be denied?

a. The offender is in need of correctional treatment that can

be provided more effectively by his commitment to an
institution
b. There is undue risk that during the period of probation the
offender will commit another crime
c. Probation will depreciate the seriousness of the offense.
The offender may be released pending application
for probation:

a. On the same bond he filed during trial

b. On a new bond
c. To the custody of a responsible member of the
community if unable to file bond
 When can the Court Modify the Conditions for Probation?

a. at any time during supervision

b. after summary hearing when the probationer violated any of
its conditions
c. 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.
OUTSIDE TRAVEL
1. Probation officer authorized the probationer to travel
outside the area of the operation for a period of 10 days but
not exceeding 30 days.
2. If 30 days, Probation must file 5 days before travel a
request to travel outside for the approval of Probation
authorities.
3. If more than 30 days Probation Authorities shall
recommend for Court Approval.
CHANGE OF RESIDENCE
1. The probationer must file a request for change of
residence at the city or provincial Parole and
Probation officer to the court approval.
2. If approved, The RTC which has jurisdiction over
the place shall have full control of the
probationer.
Who is a volunteer probation aide?
- he/she is a civilian of good repute and integrity,
at least 18 years of age, appointed by the Probation
Administration to assists the POs in investigation and
supervision. A VPA is not entitled to salary but is given
a reasonable travel allowance.
Revocation of Probation

- At any time during probation, the court may issue a

warrant for the arrest of a probationer for any serious
violation of the conditions of probation
Termination of Probation:
after the probationer has satisfactorily
completed the probation period, the Probation Officer
shall submit termination report to the court containing
the ff:
a. condition of probation
b. program of supervision and response to
treatment
c. recommendation
Two ways of terminating probation:
1. After period of probation with satisfactory compliance
with conditions of probation.
2. Other ways of terminating probation
a. termination before the expiration of the period
(served at least 1/3 of the imposed period but not less
than 6 months)
b. termination by pardon of the
probationer (either absolute or conditional)
c. Deportation of the probationer – when an alien
on probation is deported, probation will necessary
be terminated.

d. Death of probationer.
Rights Restored after Termination of Probation
a. All civil rights suspended when the offended was
convicted and sentenced are restored after the
termination of probation
b. liability to pay a fine is also discharged IN CASE OF
SUBSIDIARY IMPRISONMENT
 How Can Probation help in the Prevention of
Crime?
- when in the community, he is helped and given
opportunities to be productive and responsible instead
of going to prison
- hopefully, these situations restrain the probationer
from committing crime
 How can Community help in the Success of
Probation?
1. community accepting the probationers, giving them a
feeling of belongingness
2. community agencies and schools are being opened
for the training and treatment of probationers
3. community leaders and layman allowing the
participation of probationers in developmental programs
4. religious organizations giving the probationers
spiritual advice and extending their social action
programs to probationers
5. various organizations providing temporary housing
for probationers
6. the community playing an equally important role after
the termination of probation, it should be ready for
the reintegration of the individual into community
life.
A. Number of Offenders (As of 2013):

PROBATIONERS PAROLEES PARDONEES TOTAL

29,236 13, 758 408 43, 402

Average No. of Cases handled per PPO – 48

Actual Working Staff as of January 31, 2014

Probation and Parole Officers - 887
Lawyers - 5
Administrative - 404
Total - 1,296
Two types of Conditions of Probation:

 Mandatory Conditions

 Discretionary Conditions
 Mandatory Conditions
(a) present himself to the probation officer assigned to
undertake the supervision at each place as may be
specified in the order within 72 hours from receipt of said
order. and,

(b) report to the probation officer at least once a month at

such time and place as specified by said order
 Discretionary Conditions
The court may require probationer to:
(a) cooperate with aprogram of supervision thru a therapeutic
community modality
(b) meet his family responsibilities
(c) devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer
(d) undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose.;
(e) pursue a prescribed secular study or vocational training;
 Discretionary Conditions
(f) attend or reside in a facility established for instruction, creation or
residence or persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation officer or an authorized social worker to visit
his home or place of work;
(j) reside at premises approved by it and not to change his residence
without 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.
 Difference of Probation from Imprisonment and Parole:
1. Probation is an alternative to imprisonment. Instead of
being confined in prison, the probationer is released to the
community by the court with conditions to follow and is placed
under the supervision of PO.
2. Parole is a conditional release of a prisoner whereby he
is placed under the supervision of a Parole Officer after
serving his minimum sentence.
3. Probation is a community-based approach to reformation
of offenders, while imprisonment adopts the institutionalized
approach.
4. Probation is handled by the Probation Administration
while parole is administered by the Parole Board
5. Probation is enjoyed only once while parole may be
granted more than once, depending on good behavior
during imprisonment.
6. Probation is more beneficent because it restores full civil
rights to the probationer upon termination unlike parole.
7. Probation is essentially a judicial function (under the control
of the court) while parole is an executive function (under
the Parole Board).
Notes to remember:
P.D. 1257 – participation of the prosecutor in the determination
of the application for probation
P.D. 76 – the period of punishment which is probationable is
extended from 6 years and 1 day.
P.D. 1990 – the period of punishment which is probationable is
lowered again from 6 years and 1 day to 6 years or less
E.0.292 (Administrative Code of 1987) – renamed the Probation
Administration into Parole and probation Administration
NATURE OF INFORMATION GATHERED:
- Strictly confidential and privilege

NATURE OF POST SENTENCE INVESTIGATION

- It is recommendatory in nature and address to the sound discretion
of the trial court

EFFECTIVITY OF PROBATION
- Upon its issuance
FINALITY
The order of the court granting or denying probation SHALL NOT BE
APPEALABLE.
Probationer – a person placed on probation

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 officer – one who investigates for the court a

referral for probation or one who supervises a probationer or
both.
Petitioner – an accused or defendant who files a formal
petition for probation

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.
Act 4103

“An Act to provide for an Indeterminate Sentence and Parole for all
persons convicted of certain crimes by the Courts of the Philippine
Islands; to create a Board Of Indeterminate Sentence and to
provide funds therefor; and for other purposes.”

Act 4203
-Created the Board of Pardons and Parole
Indeterminate Sentence

- the prison term imposed after conviction for a crime which does not 
state a specific period of time or release date, but just a range of time.

Ex:
Min – Prision Mayor in its Minimum Period
Max – Reclusion Temporal in its Maximum Period
Formula on how to determine Min, Med and Max period:

1.Subtract
2.Divide
3.Add

Ex: Prision Mayor (6 years 1 day to 12 years)

1. = 6
2. = 2
3. = 6 years 1 day to 8 years (min)
8 years 1 day to 10 years (med)
10 years 1 day to 12 years (max)
Parole – refer to the conditional release of an offender from a
penal institution after he has served the minimum period of his
prison sentence.

Parolee - refer to a person who is released on parole

Pardonee – refer to a person who is released on conditional

pardon

Client – refer to a pardonee/parolee who is placed under

supervision
Board – refers to the Board of Pardons and parole
Administration – refer to the Parole and
Probation Administration
Director – refer to the Director of the BuCor
Administrator – refer to the administrator of Parole
and Probation Administration
 History of Parole system in the Philippines:
- it came into existence by the passage of Act 4103 as
amended by Acts 4203 and 4225, otherwise known as the
Indeterminate Sentence Law, which took effect on Dec. 5, 1933.

Board of Pardons and Parole – administers the Parole

system of the country.
Pre-Parole Investigation:
The Administration has been authorized by the
Board to conduct pre-parole investigation of deserving city,
provincial and national prisoner confined in the city and
provincial jails, the national penitentiary and penal colonies,
whenever their best interests and that of justice will be served
thereby, and to submit reports of said investigation at least
60 days before the expiration of the minimum sentences of
the prisoners concerned.
PRISONERS QUALIFIED FOR PAROLE:
Unless otherwise disqualified under Sec. 15 of the rules, a
prisoner shall be eligible for the grant of parole upon showing
that –
a. he is confined in a jail or prison to serve an
indeterminate prison sentence, the maximum
period of which exceeds one year, pursuant to a
final judgment of conviction; and that
b. he has served the minimum period of said
sentence less the Good Conduct Time
Allowances (GCTA) earned.
c. There is a reasonable probability that if released,
he will be law-abiding; and that
d. His release will not be incompatible with the
interests and welfare of society.
 PRISONERS DISQUALIFIED FOR PAROLE:

1. those persons convicted of offenses punished with

reclusion perpetua;
2. those convicted of treason, conspiracy or proposal
to commit treason;
3. those convicted of misprision of treason, rebellion,
sedition or espionage;
4. those convicted of piracy;
5. those who are habitual delinquents;
6. those who escaped from confinement or those who
evaded sentence;
7. those who were granted conditional pardon and
violated any of the terms thereof;
8. those whose maximum term of imprisonment does not
exceed 1 year or are with a definite sentence;
9. those suffering from any mental disorder as certified by a
psychiatric report of the bureau of correction or national
center for mental health;
10. those whose conviction is on appeal;
11. those who have pending criminal case for an offense
committed while serving sentence.
 COMPOSITION OF THE BOARDS OF PARDON AND PAROLE

Chairman - Secretary of the DOJ

Ex-Officio - Probation Administrator of the Parole and
Probation Administration
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
d. Person qualified for the work by
training/experience and a member of the Philippine
BAR.
 Infractions/Violations of the terms and Conditions of the Release
Document
Reports- The Probation and Parole Officer concerned shall submit the
following reports to the board:
a)A Progress report when a parolee commits another offense during
the period of his parole supervision and the case filed against him has
not yet been decided by the court or on the conduct of the parolee while
under supervision;
b)An Infraction Report when the parolee has been subsequently
convicted of another crime;
c)A Violation Report when the parolee commits any violation of the
terms and conditions appearing in his release document or any serious
deviation or non-observance of the obligations set forth in the parole
supervision program.
Pardon
– an act of executive clemency, by a head of a
state for the purpose of exempting an individual from the
punishment imposes upon him by a court of law.
- It is an act of grace and the recipient is not
entitled to it as a matter of right.
 Kinds of Pardon
1. Absolute Pardon
It is an absolute pardon when it is granted by the
Chief Executive without any conditions attached.
Absolute pardon serves to wipe away the guilt of a
pardonee, and makes him innocent as if he has not
committed any crime.
2) Conditional Pardon
It is conditional when it is granted by the
Chief Executive subject to the conditions imposed on
the recipient and accepted by him. Usually, the person
granted with conditional pardon has served a portion
(at least ½ of the minimum of his indeterminate
sentence) of his sentence in prison
 Limitations of the Pardoning Power of the President
The following are the limitations of the pardoning power of the President:
1) it may not be exercised for offenses in
impeachment cases;
2) it may be exercised only after conviction by final judgment;
3) it may not be exercised over civil contempt (as for
refusing to answer a proper question as a witness in a case);
4) in case of violation of election law or rules and
regulations, no pardon, parole, or suspension of sentence
maybe granted;
5) cannot be exercised to violation of tax laws.
 OTHER FORMS OF EXECUTIVE CLEMENCY

1) Amnesty
Is a general pardon extended to a group of persons
generally exercised by the Chief Executive with the concurrence of
congress.
It is an act of sovereign power granting oblivion or
general pardon for past offense and rarely, if ever, exercised in
favor of single individual is usually exerted in behalf of certain
classes of person who are subjected to trial but not have been
convicted.
Note: Amnesty can be availed of before, during and after the
trial of the case, even after conviction.
 Differences between Amnesty and Pardon

As to the number of those who can avail:

Pardon includes any crime and is exercised individually by
the Chief Executive, while amnesty is a blanket pardon granted
to a group of prisoners, generally political prisoners.

As to the Time to Avail:

Pardon is exercised when the person is already convicted,
while amnesty maybe given before trial or investigation is done.
As to the Consent of Congress:
Pardon is granted by the Chief Executive and
such as private act, which must plead and proved by the
person pardoned because the court takes no choice
thereof. While amnesty is by proclamation with
concurrence of congress, and it is a public act, which the
court should take judicial notice.
As to the Effect:
Pardon is an act of forgiveness, i.e. it relieves the
offender from the consequences of the offense, while amnesty is
an act of forgetfulness. i.e. it puts into oblivion the offense of
which one is charged so that the person as if he had never
committed the offense.
As to the Crime committed:
Pardon is granted for infractions of the peace of the
State while amnesty, for crimes against sovereignty of the state
(ex. political offense)
Pardon does not obliterate the fact that the accused was a
recidivist. Thus, even if the accused was granted probation in the
first offense, but he commits another felony embraced in the
same title of the RPC, the first conviction is still counted to make
him a recidivist.
Four Forms of Repetition of crimes
1.Recidivism or Reincidencia – where a person, on separate
occassions, is convicted of 2 offenses embraced in the same title
in the RPC.
2.Habituality or Reiteracion – where the offender has been
previously punished for an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it
attaches a lighter penalty.
3.Habitual Delinquency or Multi Recidivism – where a person
within a period of 10 years from the date of his release or last
conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification, is found guilty of the
said crimes a third time of oftener.
4.Quasi recidivism – where a person commits a felony before
beginning to serve or while serving sentence on a previous
conviction for a felony.
Supervision
Type Description Authority Supervision Period
Adult Probation Persons Under Criminal Court Period of is a
Suspension of maximum of Six Years
Execution of sentence
Parolees Conditional release of Board of Pardons and Expiration of the
Prisoner from Parole Maximum Sentence
Correctional institution
after serving the
minimum prison
sentence
Conditional Pardonees Prisoners who have Office of the President As recommended by
served at least one half the Office of the
of the maximum of the President
original prison term
2) Commutation of Sentence
It is a change of the decision of the court made by
the Chief Executive by reducing the degree of the
penalty inflicted upon the convict, or by decreasing the
length of the imprisonment of the original sentence.
 Specific cases where commutation is provided for by the code:

1. When the convict sentenced to death is over 70 years of age;

2. When eight justices of the Supreme Court failed to reach a decision for
the affirmation of the death penalty;

In other cases, the degree of the penalty is reduced from death to

reclusion perpetua.

In Commutation of Sentence consent of the offender is not necessary.

The public welfare, not his consent, determines what shall be done.
3. Reprieve – the temporary stay of the execution of
sentence (applicable only to death sentence)
GCTA – is a privilege granted to a prisoner that shall entitle him
to a deduction of his term of imprisonment. Under Art.97,
RPC, the GCTA are:
1. 5 days per month during the first 2 years of imprisonment
2. 8 days per month during the 3rd to 5th years of imprisonment
3. 10 days during the following years until the 10 th years of
imprisonment
4. 15 days during the 11th and successive years
RA 10592 - AN ACT AMENDING ARTICLES 29, 94, 97, 98
AND 99 OF ACT NO 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE
“ART. 97. Allowance for good conduct. – The good conduct of any
offender qualified for credit for preventive imprisonment pursuant to
Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:
“1. During the first two years of imprisonment, he shall be allowed a
deduction of twenty days for each month of good behavior during
detention;
“2. During the third to the fifth year, inclusive, of his imprisonment, he shall
be allowed a reduction of twenty-three days for each month of good
behavior during detention;
 “3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for
each month of good behavior during detention;
“4. During the eleventh and successive years of his imprisonment, he shall
be allowed a deduction of thirty days for each month of good behavior
during detention; and
“5. At any time during the period of imprisonment, he shall be allowed
another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time
rendered.
Question:

Mr. A was given final conviction for the crime of Rape. Suprisingly, he has
shown good conduct inside prison while he was serving sentence. For
8 years, he had been granted GCTA. ASSUMING that he has a
sentence of Reclusion Temporal

1. How many years will be deducted from his remaining sentence?

2. What will be his remaining sentence, less GCTA?
Special Time Allowance for Loyalty (Art. 158, RPC)
-A deduction of 1/5 of the period of the sentence of any
prisoner who evaded the service of sentence on the occasion
of disorders due to conflagrations, earthquakes, or other
calamities shall be granted if he returns to authorities within 48
hours after the president declared that the calamity is over.
- Once granted shall not be revoked.
RA 10592:
“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of
the period of his sentence shall be granted to any prisoner who, having
evaded his preventive imprisonment or the service of his sentence under
the circumstances mentioned in Article 158 of this Code, gives himself up
to the authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe referred to in
said article. A deduction of two-fifths of the period of his sentence
shall be granted in case said prisoner chose to stay in the place of
his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.