Republic of the Philippines

QUIRINO STATE UNIVERSITY

College of Public Safety

NON-INSTITUTIONAL CORRECTION
Compiled by Tessie B. Nanglihan
2nd Sem. SY 2021-2022

Course Description: The course focuses on Presidential Decree No. 968, otherwise
known as the “The Probation Law of 1976” as amended, establishing a probation
system in the Philippines, its historical background, philosophy, concepts and
operation as a new correctional system, investigation, selection and condition of
probation, distinction between incarceration, parole, probation and other forms
of executive clemency, total involvement of probation in the administration of
the Criminal Justice System.
This course also treats the study of Act No. 4103, as amended otherwise
known as the “Indeterminate Sentence Law” that created the Board of Pardon
and Parole”.

Objectives: At the end of the course, the students should be able to:
1. Explain fully the basic concepts, principles and philosophy of the probation
system.
2. Describe the relationship of the probation administration with the other
pillars of the criminal justice system.
3. Recommend or provide solutions on problems involving probation
investigation and supervision.
4. Discuss the operations of probation in the country
5. Apply learned concepts in their everyday life.

Course Outline:
1. Historical background of probation.
2. Probation law and other forms of probation in the Philippines.
3. Parole investigation and supervision.
4. Executive clemency.

Non-Institutional Correction – service of sentence outside prison or jail either:

1. Before sentence – grant of bail or recognizance (R.A.No. 6036)
2. After conviction – the grant of probation, parole, pardon, amnesty.

TWO FORMS OF NON-INSTITUTIONAL CORRECTION

1. Probation – youth probation under P.D. No. 603 as amended by R.A. No.
9344(Juvenile Justice & Welfare Act)
- Adult probation law – P.D. 968
2. Parole – known as the conditional release of a prisoner after having been
served at least a minimum period of his sentence (1/3).

SPECIAL FORMS OF NON-INSTITUTIONAL CORRECTION

Executive Clemency, the unquestionable authority of the chief executive
provided by law. It covers:
a) Pardon – the exemption of a wrongdoer from punishment and restoration
of civil rights.
b) Communtation – reduction of the duration of sentence by the president
c) Reprieve – the temporary stay of the execution of sentence especially on
death penalty.

1
 d) Amnesty – an official pardon for people/group of prisoners who have been
convicted of political offenses, admit the crime or give up their weapons
and return to civilian life without being punish.
-
PROBATION: HOW GRANTED/INSTITUTED
1. Before Sentence – through recommendation from PAO, NPS affecting
immediate release of detaineees through bail or recognizance.
2. After Sentence
a) Probation – under the youth probation, PD No. 603, suspends the
sentence of offenders with age ranging from 9 years old to 18 years
old and place them under the supervision of the DSWD. Under RA No.
9344, age 15 years old and below – no criminal responsibility. In PD
968 – suspension
b) Parole

Historical Background of Probation

Reading through the history of civilization, the punishment of the law

breaker is almost as bloody as the crime committed. Solutions of crimes during the
ancient times have been slow and faltering. Its only within the 19th century that
ways and means has been found to check the offender at the beginning of a
career in crime redirecting him to be law abiding citizen. The beliefs and social
practices of the past still echo in the laws and customs of the present. As
background for the study of probation, we shall trace briefly the history of the
treatment of crime.

Punishment among ancient people was prompt and pitiless. Criminals were
feared, therefore hated and consequently tortured, banished, or killed with no
concern whatever. Later in the law of Babylon, Greece and Rome, while severe,
sought to maintain balance of justice by introducing compensation, a precursor
of our use of fines and restitutions, for those crimes which did not affect the safety
of the state. Slaves having nothing of value to offer as compensation, received
unmitigating cruel punishment. In Greece, they were broken on the wheel, in
Rome, if guilty of theft, they were thrown into the Tarpesian Rock, Jewish Law
revealed some consideration for law breakers in lesser penalties for unplanned
murder. They also provided for those who killed without premeditation, which is a
sanctuary called “cities of refuge” or houses of refuge where the accused was
safe pending an investigation of his criminal responsibility.
Houses of Refuge – are large fortress-like congregate style institution located in
urban areas for youth offenders. The New York houses of refuge became the first
movement in what was later became the juvenile justice system.

ANCIENT PUNISHMENT: PUNISHABLE CRIMES:

1. Death by hanging 1. murder
2. Stoning 2. theft
3. Disemboweling – removing internal organs 3. Pick-pocket
4. Flaying alive or burning 4. Heresy
5. Boiled alive 5. blasphemy
6. Drowning 6. Sorcery
7. Banishment 7. Sacrilege -
8. Beheading (violating any sacred objects)

2
 HISTORY OF PROBATION
ENGLAND
During the reign of King Henry II in the 13th century, clergy offenders were
brought to his court and the offenders were counseled by the bishops and
chaplains – Benefit of the Clergy.
Judicial Reprieve was another device for modifying sentence. This was
used by the early English judges. Reprieve is the withdrawing of a sentence for an
interval of time, whereby execution is suspended if the judge is not satisfied with
the verdict, or the evidence is suspicious.
This practice grew up at a time when new trials or appeals to another court
were impossible under the common law of England. Early in the 17th century, with
the establishment of settlements in America, English courts began to grant
reprieve to prisoner under sentence death on conditions that they accept
transportation.
Another method is recognizance. This was used in England in the 14th
century. Another method is “bind over for good behavior”. It originated as
measure of preventive justice, involving an obligation or promise, sworn to under
court order by a person not yet convicted but though likely from the information
before the court to commit crime that he would keep the peace and be of good
behavior. Sureties or bail were usually required, and the person who stood surety
had the power and the duty enforce the condition and return the offender to
court if he committed an offense during the specified period or failed to comply
with other conditions of his release. The method of assuring good behavior was
extended at an early date to persons charged with or convicted of
misdemeanors, and was used in addition to or substitution for other punishment.
It was specifically applied by English Criminal Law consolidation act of 1861 to
persons convicted of any felony not capital, and was further regulated under the
summary jurisdiction act of 1879. This led to the government of the first British
Probation Service.

MATTHEW DAVENPORT HILL – is considered the father of probation in

England. Beginning early in the year 1841, he had thus acted with regard to
juvenile offenders. When there was a ground for believing that the individual was
not usually corrupt. There was reasonable hope of transportation and when there
could be found persons to act as guardians kind enough to take charge of the
young convict which at first sight would appear to present a great difficulty, but
which in practice furnished little impediment to the plan, he had felt himself,
justified in at once handling over the young offenders to their care, in the belief
that there would be better hope of amendment under such guardians than in the
Gaol of the country. At unexpected period, a confidential officer, visits the
guardians, makes inquiries and registers the fact of which he is thus informed on
an account which has been regularly kept.
At about 1870, Father Rufus Cook of Boston became interested in youth
who were tried in courts in and whose cases were due to circumstances rather
than character. After investigating each case and finding the offender not too
hardened and still susceptible to reform, he made himself available to the court
as adviser to these offenders. Judges realize the importance of his work in the
reformation of young criminals so that they placed convicted young offenders
under his charge in 1878.

FORERUNNER OF PROBATION:
1. Benefit of the clergy
2. Judicial reprieve

3
 3. Recognizance
4. Transportation\banishment
5. Bind over for good behavior
6. Sureties/bail

UNITED STATES OF AMERICA

JOHN AUGUSTUS – was a pioneer of probation in the United States of

America. He was born in 1785 in Woburn, Massachusetts. He moved as a young
man to Lexington and became a cord waiver and booth maker by trade.
Through his business endeavor, he became rich and put up a school called
Lexington Academy of which he became a trustee. In 1827 he moved to Boston
and set up a shop near the courthouse.
It was at this point that he has the time to visit the court and being a
member of the “Washington Total Abstinence Society” which promotes
temperance & to reclaim drunkards. In the month of August 1841 while he was in
court he witnessed a court hearing of a man charged with being a common
drunkard. Before the sentenced had been passed he conversed to the man for
a few moments and from that conversation he believed that the drunkard has
not yet passed all hope of reformation. He told him that if he could be saved from
the house of correction, he will never taste intoxicating liquors. He bailed him with
the permission of the court. He signed a pledge and became a sober man. Upon
the expiration of his probation when he return to the court, the judge expressed
himself much pleased to man and instead of the usual penalty which is
imprisonment, he fined him amounting to $3.76 which was immediately paid.
John Augustus had been handling 1,100 cases and only one forfeited the
bonds. Some ideas and technique of John Augustus are being followed by
probation officers and workers today including preliminary social investigation
and tactful interviewing family casework. He died on June 21, 1859. His
accomplishments have been the basis of the probation laws today.

On April 26, 1878 – the first probation local law was enacted by the
LEGISLATURE of MASSACHUSETTS which was based on the works of John Augustus
because it gave benefits to the state financially. The law was signed by Governor
Alexander B. Rice on April 26, 1878 which authorized the government to employ
probation officers for adult offenders and it provided for the appointment and
prescribed the duties of a salaried or paid probation officers for the court of Suffolk
Country. EDWARD H. SAVAGE an ex-chief of police of Boston, was named
probation officer, thus becoming the 1st probation officer employed by the
government or first paid probation officer in 1891. Probation spread throughout
the USA. The VERMONT STATE – was the second to enact the real probation law in
1898 and first to adopt the country plan. RHODE ISLAND – was the third who enact
probation. Each country court was required to appoint a probation officer whose
duty was to make investigation of the accused persons at the request of the
court. The probation officers were required to make monthly report on their work
to Board of Prison Commissioners.
In 1899, Minnesota & Illinois enacted laws giving probation service to
children only. The 4th state to pass general probation law was New Jersey in 1900.
New York was the 5th to provide adult probation law. California was the 6th state
to enact adult probation and juvenile court laws in 1903. Connecticut & Michigan
also enacted probation in 1903.
In 1913 HUBER LAW, a United States law in Winconsin permitting prisoners not
so dangerous to society to be gainfully employed during the day while residing in

4
jail. Probation officer shall notify all police agencies by sending a note – FLASH
SHEET, that probationer is under his supervision.
SURSIS (1888-1891) – A unique probation method was introduced in France
& Belgium which provided a probation with no supervision on the condition that
no further offense will be committed within a prescribed period.

FOUNDERS OF PROBATION:
1. John Augustus – a shoemaker in Boston Massachusetts. Father of probation
in Boston
2. Matthew Davenport Hill – an English lawyer who had introduced the
practice of suspending sentence & releasing the offender under
supervision in Birmingham, England.Father of probation in England.
3. Teodulo C. Natividad – co-sponsored house bill no. 393 entitled “AN Act
Establishing Probation in the Philippines: providing officers therefore and for
other purposes.” The father of probation in the Philippines.

HISTORICAL BACKGROUND OF PROBATION LAW IN THE PHILIPPINES

Adult probation law was twice attempted in the Philippines, 1st on August
7, 1935 Act No. 4221 was enacted creating a probation office under the
Department of Justice, led by the American Governor General with the advice &
consent of the US Senate. This law provided probation for first time offender 18
years of age & over convicted of certain crimes.

However in people vs. vera 37 OG 164, the constitutionality of the probation

law (Act No. 4221) was challenged on three (3) grounds:
1. That said act encroaches upon the pardoning power of the chief
executive/president:
2. That it constitutes an undue delegation of legislative power ;and
3. That it denies the equal protection of laws.

The supreme court in declaring act no.4221 unconstitutional on November

16, 1937, held that the act was a surrender of legislative power to the provincial
boards for its application was left to their determination in providing for the salary
appropriation and also on the ground that not all provinces could afford
financially to implement probation consonant with the equal protection of law. It
was considered class legislation. Under this law probation existed only in cities and
municipalities which were given appropriations for said purpose by legislature. The
first probation act stayed in the statute books for only two (2) years. The ill-fated
act was not repugnant to the 1935 constitution per se it was only the procedural
framework that was antagonistic with the constitution charter.

2nd In 1966, HOUSE BILL NO. 393 Sponsored by then Congressman TEODULO
C. NATIVIDAD and RAMON BAGATSING tried to revive the Probation System but
did not pass Congress & was pending in senate when martial law proclaimed,
instead PD 603 was enacted.

PRESIDENTIAL DECREE NO. 603, otherwise known as the CHILD AND YOUTH
WELFARE CODE was passed to avail, PROBATION TO MINOR OFFENDERS. It
amended Article 80 of the Revised Penal Code by raising the age of minority to
under 21 years of age at the time of the commission of the offense.

5
 During the Martial Law, Commissioner Teodulo C. Natividad of the
NAPOLCOM and some personnel of this agency, sitting en banc and headed by
the defense Secretary Juan Ponce Enrile, now Senator drafted a report entitled “
Meeting the Challenge of Crime.” This served as the turning point for the Inter-
Disciplinary Committee ( IDC) on Crime Prevention of the Commission to draft
adult probation decree, headed by Commissioner Teodulo C. Natividad. The
draft was presented and reviewed at a seminar on the Probation System
sponsored by the National Police Commission and the UP Law Center on April 24,
1976, attended by 800 participants. The participants composed of Jurist,
Penologists, Policeman, Educators, Civil Leaders, Social Behavioral Scientists,
Media Men, Blue and White Collar Workers, Students and Housewives. Two foreign
experts participated namely: Dr. Torsten Erickson, former United Nations Inter-
Regional Adviser on Crime Prevention and Criminal Justice, and Dr. A. Lamonth
Smith, Director for research program, planning and evaluation, Department of
Correction of Arizona.

The NAPOLCOM acting on a report submitted by the Philippine Delegation

to the 5th UN CONGRESS on the prevention of crime and the treatment of
offenders, created an interdisciplinary committee tasked with formulating a
National Strategy to reduce crime and drafting a probation law. On July 22-24,
1976, the 1st National Conference on strategy to reduce crime was held at Camp
Aguinaldo, Quezon City.

After many hearing & extensive consultations the draft decree was
presented to a group of 369 jurist, penologist, civic leaders & social and
behavioral scientist & practitioners. These practitioners overwhelmingly endorsed
the establishment of an Adult Probation System in the country.

It was on this last day of the conference on Crime Control which was held
at Camp Aguinaldo that the president FERDINAND E. MARCOS signed PD 968,
otherwise known as the ADULT PROBATION LAW OF 1976 under the DOJ into law.
Teodulo C. Natividad became the first probation administrator.
On November 23, 1989 the New Administrative Code of 1987 through E.O.
292 transferred the function of supervising parole and pardoned officers from trial
courts to the Probation Administration. The code also change the name of the
agency to Parole and Probation Administration(PPA) in order to reflect the
changed made by said law. In 1991, the PPA was assigned the new tasked of
conducting pre-parole and executive clemency investigations in all city &
provincial jails and preparing pre-parole reports for the board of pardon & parole.

Importance of the Inter-Disciplinary Committee on Crime Prevention (IDCCP)

IDCCP is very important because without this no draft of probation was
submitted for review & eventually become a law. Under section 4(K) of RA 4864,
as amended, otherwise known as the Police Act of 1966, mandates the National
Police Commission to formulate a national crime prevention program for the
country. IDCCP was created on November 13, 1974 to undertake programs of
“Proaction” (crime prevention) rather than “reaction” (action after occurrence
of crime) which was primarily conceived as a study to serve on a continuing basis
on the monitoring & evaluation of the effectiveness of crime prevention programs
& recommend corresponding measures.
Under the leadership of Commissioner Teodulo C. Natividad, evolved a
proposed system of Probation for adults based on an evaluation of the projects

6
on crime prevention & treatment of offender saw which was signed by his
Excellency President Ferdinand Marcos on July 24, 1976.
Teodulo C. Natividad died in 1998, is considered as the “Father of Probation
in the Philippines”.

(MIDTERM)

PROBATION LAW PROPER

PD 968 – The Probation Law of 1976 otherwise known as the Adult Probation Law.
- signed into law July 24, 1976
- the term probation was coined by John Augustus from ther Latin word
Probare which means to prove or to test.
January 3, 1978 – Probation started to operate (2 years & 4 months after sighning
the law).

REASONS FOR ITS ENACTMENT

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

BASIC ELEMENTS OF PROBATION

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

ESSENTIAL ELEMENTS OF PROBATION

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

PD NO 968
SECTION 1. Title & Scope of the Decree
This decree shall be known as the Adult Probation Law of 1976. It shall be
apply to all offenders except those who are entitled to the benefits under the
provisions of PD 603. The term probation was coined by John Augustus from the
Latin word “probare” which means to prove or to test.

SECTION 2. PURPOSE
a. To promote the correction & rehabilitation of nan offender by
providing him with individualized (personalized) community based
treatment.

7
 b. To provide an opportunity for his reformation & reintegration into the
community.
c. To prevent the commission of offense.

SECTION 3. DEFINITION OF TERMS

a. Probation – is a disposition under which a defendant, after conviction
and sentence, is released subjects to the conditions imposed by the
court and to the supervision of a probation officer.
b. Probationer – means a person placed on probation.
c. Probation officer – means one who investigates for the court a referral
for probation or supervises a probationer or both.
d. Petitioner – refers to a convicted defendant who files a formal
application for probation.

SECTION 4. GRANT OF PROBATION

Subject to the provisions of this decree, the court may, after it shall have
convicted & sentenced a defendant & upon application at any time of said
defendant suspend the execution of said sentence & place the defendant on
probation for such period upon such terms & conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation shall be filed with the
trial court, with notice to the appellate court if appeal has been taken from the
conviction. The filing of the application shall be deemed a waiver of the right to
appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall NOT be appealable.
Note: repealed by section 1 of PD 1990
“probation will not be entertained or granted if defendant perfected an appeal
from the judgment of conviction.”
Note: repealed under R.A. No. 10707 – signed November 26, 2015
“when a judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the imposition of
probationable penalty, the defendant shall be allowed to apply for probation
based on the modified decision before such decision becomes final and
executory. The application for probation based on the modified decision shall be
filed in the trial court where the judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial court where such case has
since been re-raffled. In a case involving several defendants where some have
taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of
the judgment of conviction.

SECTION 5. POST SENTENCE INVESTIGATION

No person shall be placed on probation except upon prior investigation by
the probation officer and a determination of 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.

Contents of PSI:
a. The circumstances surrounding the offense for which the petitioner was
connected.
b. Psychosocial information regarding the probationer.

8
 c. Evaluation of the petitioner’s suitability for probation and his potential for
future social adjustment and reintegration to the community.
d. A recommendation to either grant or deny probation.

SECTION 6. FORM OF INVESTIGATION REPORT

The investigation report to be submitted by the probation officer under
section 5 hereof shall be in the form prescribed by the Probation Administrator &
approved by the Secretary of Justice.

SECTION 7. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT

The probation officer shall submit to the court the investigation report on a
defendant not later than 60 days from receipt of the order of said court to
conduct investigation. The court shall resolve the petition for probation not later
than 5 days(15 days PD 1257) after receipt of said report.
Pending submission of the investigation report and the resolution of the
petition, the defendant may be allowed on temporary liberty under his bail filed
in the criminal case; provided , that in case where no bail was filed or that the
defendant is incapable of filing one, the court may allow the release of the
defendant on recognizance to the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.

SECTION 8. CRITERIA FOR PLACING AN OFFENDER ON PROBATION

In determining whether an offender may be placed on probation, the court
shall consider all information relative to the character, antecedents, environment,
mental & physical condition of the offender and available institutional &
community resources. Probation shall be DENIED if the court finds that:
a. The offender is in need of correctional treatment that can be provided
most effectively by his commitment to an institution;
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 committed.

SECTION 9. DISQUALIFIED OFFENDERS

The benefits of this decree shall not be extended to:
a. Those sentenced to serve a maximum term of imprisonment of more than
6 years.
b. Those convicted of any offense against the security of the state.
c. Those who have been convicted by final judgment of an offense punished
by imprisonment of not less than 1 mo & 1 day or a fine of not less than 200
hundred pesos.
d. Those who have been once on probation under the provisions of this
decree.
e. Those who are already serving sentence at the time the substantive
provisions of this decree become applicable.

SECTION 10. CONDITIONS OF PROBATION

Every probation order issued by the court shall contain conditions requiring
that the probationer shall:

Mandatory Conditions of Probation.

9
 a. Present himself to the probation officer designated to undertake his
supervision at such place as may be specified in order within 72 hours
from receipt of said order.
b. Report to the probation officer at least once a month.

Discretionary Conditions of Probation:

a. Cooperate with a program of supervision
b. Meet his family responsibilities.
c. Devote himself to a specific employment and not to change said
employment without the prior written approval of the probation officer.
d. Undergo medical, psychological or psychiatric examination &
treatment and enter & remain in a specified institution when required.
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 in excess.
i. Permit the probation officer or an authorized social worker to visit his
home & place of work.
j. Reside at premises approved by probation officer and not to change
his residence without its prior approval
k. Satisfy any other condition related to the rehabilitation of the
defendant.

SECTION 11. EFFECTIVITY OF THE PROBATION ORDER.

A probation order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequences thereof & explain that upon
his failure to comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty imposed for the offense
under which he was placed on probation.

SECTION 12. MODIFICATION OF CONDITION OF PROBATION.

During the period of probation, the court may, upon application of either
the probationer or the probation officer, revise or modify the conditions or period
of probation. The court shall notify either the probationer or the probation officer
of filing such an application so as to give both parties an opportunity to be heard
thereon.
The court shall inform in writing the probation officer & the probationer of
any change in the period or conditions of probation.

SECTION 13. CONTROL & SUPERVISION OF PROBATIONER

The probationer & his probation program shall be under the control of the
court who placed him on probation subject to actual supervision by a probation
officer.
Whenever a probationer is permitted to reside in a place under the
jurisdiction of another court, control over him shall be transferred to the executive
judge of the court of the first instance of that place, and in such case, a copy of
the probation order, the investigation report & other pertinent records shall be
furnished said executive judge. Thereafter, the executive judge to whom
jurisdiction over the probationer is transferred shall have the power with respect
to him that was previously possessed by the court which granted the probation.

Purpose of Supervision:

10
 1. To carry out the conditions sethforth in the probation order.
2. To ascertain whether the probationer is following said condition.
3. To bring about the rehabilitation of the probationer.
4. To ascertain the re-integration of the probationer to the community.

SECTION 14. PERIOD OF PROBATION

a. The period of probation of a defendant to a term of imprisonment of not
more than 1 year shall not exceed 2 years.
b. Not more than 6 years if the probationer was sentence to imprisonment
of more than 1 year.
c. When the sentence imposes a fine only & the offender is made to serve
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 at the rate established in art.39 of
the RPC (8 pesos/day), as amended by RA 10159.
Note: amended by RA No. 10159
“if convict has no property with which to meet the fine, he shall be
subject to a subsidiary personal liability at the rate of one day for each
amount equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction by the
trial court.”

SECTION 15. ARREST OF PROBATIONER:SUBSEQUENT DISPOSITION

At anytime during probation, the court may issue a warrant for the arrest of
a probationer for violation of any of the conditions of probation. The probationer,
once arrested & detained, shall immediately be brought before the court for a
hearing, which may be informal & summary of the violation charged. The
defendant may be admitted to bail pending such hearing. In such a case, the
provisions regarding release on bail of persons charged with a crime shall be
applicable to probationers arrested under this provision. If the violation is
established, the court may revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall order the probationer to serve the
sentence originally impose. An order revoking the grant of probation or modifying
the terms and conditions thereof shall not be appealable.

SECTION 16. TERMINATION OF PROBATION

The court may order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his probation & thereupon the
case is deemed terminated considering the report & recommendation of the
probation officer.
Note: R.A. NO. 10707 STATES THAT:
“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 totally extinguish his criminal
liability as to the offense for which probation was granted.”

SECTION 17. CONFIDENTIALITY OF RECORDS

The investigation report & the supervision history of a probationer shall be
privileged & shall not be disclosed directly or indirectly to anyone other than the
probation administration or the court concerned except that the court in its
discretion may permit the probationer or his attorney to inspect the
aforementioned documents whenever the best interest of the probationer makes
such disclosure desirable or helpful.

11
SECTION 18.PROBATION ADMINISTRATION
There is hereby created under the DOJ an agency to be known as the
probation administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have staff, operating units & personnel for the
proper execution of the functions.

SECTION 19. PROBATION ADMINISTRATOR

The administration shall be headed by the Probation Administrator,
hereinafter referred to as the ADMINISTRATOR, who shall be appointed by the
president. He shall hold office during good behavior & shall not be removed
except for cause.

The administrator shall receive an annual salary of at least 40,000, its powers
& duties are:
a. Act as the executive officer of the administration
b. Exercise supervision & control over all probation officers.
c. Make annual reports to the secretary of justice concerning the operation,
administration & improvement of the probation system
d. Promulgate the necessary rules relative to the methods & procedures of the
probation process
e. Recommend to the secretary of justice the appointment of subordinate
personnel of his administration.
f. Generally, perform such duties & exercise such powers as may be
necessary or incidental to achieve the objectives of this decree.

SECTION 20. ASSISTANT PROBATION ADMINISTRATOR

There shall be an assistant probation administrator who shall assist the
administrator to perform such duties as may be assigned to him by the latter & as
may be provided by law. In the absence of the administrator, he shall act as the
head of the administration. He shall be appointed by the president.

SECTION 21. QUALIFICATION OF THE ADMINISTRATOR & ASSISTANT PROBATION

ADMINISTRATOR.
At least 35 years of age, holder’s of master’s degree or its equivalent in
either criminology, social work, corrections, penology, psychology, sociology,
public administration, law, police science, police administration or related fields.&
should have at least 5 years of supervisory experience, or be a member of rthe
Philippine Bar with at least 7 years of supervisory experience.

SECTION 22. REGIONAL OFFICE; REGIONAL PROBATION OFFICER

Administration shall have regional offices organized in accordance with the
field service area patterns established under the Integrated Reorganization Plan.
Such offices shall be headed by a regional probation officer who shall be
appointed by the president in accordance with the integrated reorganization
plan & upon the recommendation of the secretary of justice.
The regional probation officer shall exercise supervision & control over all
probation officer within his jurisdiction and such duties as may be assigned by him
by the administrator. He shall have an annual salary of 24,000.

12
 He shall whenever necessary be assisted by an assistant regional probation
officer who shall also be appointed by the president upon the recommendation
of the secretary of justice with an annual salary of at least 20,000.

SECTION 23. PROVINCIAL & CITY PROBATION OFFICERS

There shall be at least one probation officer in each province & city to be
appointed by the secretary of justice upon recommendation of the administrator
and in accordance with the civil service law & rules.
The provincial or city probation officer shall receive an annual salary of at
least 18,000. His duties are:
a. Investigate all persons referred to him for investigation by the proper
court or the administrator.
b. Instruct all probationers under his supervision of that of the probation
aide on the terms & conditions of their probations.
c. Keep himself informed of the conduct & condition of the probationers
under his charge & use all suitable methods to bring about an
improvement in their conduct & conditions.
d. Maintain a detailed record of his work & submit such written reports as
may be required by the administration or the court having jurisdiction
over the probationer under his supervision.
e. Prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides
f. Supervise the training of probation aides and oversee the latter’s
supervision of probationers.
g. Exercise supervision & control over all field assistants, probation aides
and othe personnel.
h. Perform such duties as may be assigned by the court or administration.
SECTION 24. MISCELLANEOUS POWERS OF PROVINCIAL & CITY PROBATION
OFFICERS
Provincial or city probation officers shall have the authority within their
jurisdiction to administer oaths & acknowledgments & to take depositions in
connection with their duties & functions under this decree. They shall also have,
with respect to probationers under their care, the powers of police officer. They
shall be considered as persons in authority.

SECTION 25. QUALIFICATIONS OF REGIONAL, ASSISTANT REGIONAL, PROVINCIAL &

CITY PROBATION OFFICERS.
No person shall be appointed regional or assistant regional or provincial or
city probation officer unless he possesss at least a bachelor’s degree with a major
in social work, sociology, psychology, criminology, penology, corrections, police
science, administration or related fields & has at least 3 years of experience in
work requiring any of the above mentioned disciplines, or is a member of the
Plippine Bar with at least 3 years of supervisory experience.
Whenever practicable, the provincial or city probation officer shall be
appointed from among qualified residents of the province or city where he will
be assigned to work.

SECTION 26. ORGANIZATION

Within 12 months from the approval of this decree, the secretary of justice
shall organize the administrative structure of the administration and the other
agencies created herein. During said period, he shall also determine the staffing
patterns of the regional, provincial & city probation offices with the end in view of

13
achieving maximum efficiency & economy in the operations of the probation
system.

SECTION 27. FIELD ASSISTANCE, SUBORDINATE PERSONNEL, PROVINCIAL OR CITY

PROBATION OFFICERS shall be assisted by such field assistants & subordinate
personnel as may be necessary to enable them to carry out their duties
effectively.

SECTION 28. PROBATION AIDES amended “Volunteer Probation Assistants”.(Sec. 6

RA 10707)
To assist the provincial or city probation officers in the supervision of
probationers, the probation administrator may appoint citizens of good repute &
probity, who have the willingness, aptitude capability to act as probation aides.
Probation aides shall not receive any regular compensation for services
except for reasonable travel and meal allowance. They shall hold office for 2
years and can be renewed or recalled anytime for just a cause as may be
determined by the probation administrator. Their qualifications & maximum case
loads shall be provided in the rules promulgated pursuant to this decree. (5:1
ratio)

SECTION 29. VIOLATION OF CONFIDENTIAL NATURE OF PROBATION RECORDS

The penalty of imprisonment ranging from 6mos, 1day to 6years & a fine
from 100 to 6,000 to any person who violate sention 17.

SECTION 30. APPROPRIATIONS

6 million 500,000 o as much as may be necessary out of the funds in the
national treasury. Thereafter the amount of at least ten million five hundred
thousand shall be included in the annual appropriations of the national
government.

Work Sheet – preliminary form filled up by nthe probationer within 72 hours after
the release of his probation order.

3 violations – number of minor violations for the revocation of probation order.

Grounds for the Revocation of Probation

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

What will happen to a probationer if conditions of probations are violated?

1. Conditions of probations may be modified.
2. Arrest of probationer including criminal prosecution if probationer
committed another offense.

BENEFIT OF PROBATION:
1. Probation protects society
• From excessive cost of detention
• From the high rate of recidivism of detained offenders
2. Probation protects the victim
• It provides restitutions –the act of restoring what was taken away

14
 • It preserve justice
3. Probation protects the family
• It does not deprive the wife & children of husband & father
• It maintains the unity of the home.
4. Probation assist the government
• It reduces the population of prisons & jails
• It reduces the clogging of court
• It lightens the load of prosecutors
• It sustain the law enforcement
5. Probation helps the offender
• It maintains the earning power
• It provide rehabilitation in the community
• It restores his dignity
6. Probation justify the philosophy of men that:
• Life is sacred
• All men deserve a second chance
• Society has a moral obligation to lift the fallen.

ADVANTAGES OF PROBATION
1. Probation prevents crime by offering freedom & aids offenders while
undergoing treatment & rehabilitation in the community.
2. It conforms with the modern humanistic trends in penology.
3. It protects society by placing under close supervision non-dangerous
offender while undergoing treatment & rehabilitation in the community.
4. It prevent youthful or first time offenders from turning into hardened
criminals.
5. It is a measure of cutting enormous expense in maintaining jails
6. Ir reduce recidivism & over crowding in jails or prisons.
7. It reduces the burden of the jail force & institutions of guarding detainees.
8. It gives the first & light offenders a second chance in life & provide an
opportunity for the reformation of a penitentt offender.
9. It makes offender productive, a tax payer instead of tax eater.
10. It restores the successful probationer his civil rights.
11. It has been proven to be effective in developing countries that have
adopted it.
12. It is advocated by the United Nations in its various congress in crime
prevention & treatment of offenders.

MANDATORY ELEMENTS OF PROBATION

1. Probation is a method of dealing with offenders whose guilt has been
established.
2. Probation is a method which is applied on selective basis
3. Probation involves the conditional suspension of punishment.
4. Probation is a form of community based treatment of offender
5. Probation involves supervision & treatment.

(FINAL)

ACT NO. 4103 – THE INDETERMINATE SENTENCE LAW

- Approved on December 5, 1933
- The purpose of this law is to be beneficial to the convict in order to uplift
and redeem valuable human material, and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness.

15
 - Parole in the Philippines is governed by Act No.4103 otherwise known as The
Indeterminate Sentence Law. Lately, other changes was introduced by
E.O. No. 292.
- Amended by R.A No. 4225 & R.A. No. 4203

ORGANIZATION OF THE PPA

The Probation Administration was created by virtue of P.D. No. 968. Under
E.O. No. 292 “The Administrative Code of 1987” which was promulgated on
November 23, 1989, the Probation Administration was renamed “Parole &
Probation Administration” wherein the Probation Administration was charged with
the task of administering the Parole System and exercise general supervision over
all parolees and pardonees.
August 17, 2005, by virtue of memorandum of agreement with the
Dangerous Drugs Board (DDB), PPA has additional function of investigating and
supervising first time minor drug offenders who are placed on suspended
sentence pursuant to R.A. No. 9165 “The Comprehensive Dangerous Drugs Act of
2002.”
Parole & Probation Administration (PPA) is a government agency under the
DOJ responsible for providing a less costly alternative to imprisonment of first time
offenders who are likely to respond to individualized community based treatment
programs. It employs the service of parole officers in providing supervision and
guidance to parolees.

GOALS OF PPA
1. Promote the reformation of criminal offenders & reduce the incidence of
recidivism.
2. Provide a cheaper alternative to the institutional confinement of first time
offenders who are likely to respond to individualized, community-based
treatment programs.

FUNCTIONS OF PPA
1. To administer the parole and probation system.
2. To exercise supervision over parolees, pardonees and probationers.
3. To promote the correction and rehabilitation of criminal offenders.
4. To provide the Board of Pardons and Parole with necessary & relevant
information that can be used in determining a prisoner’s fitness for parole
or any form of executive clemency.
5. To provide the DDB with pertinent information and prudent
recommendations for the determination of first time minor drug offenders
to be placed on suspended sentence.
6. To provide the court with relevant information and judicious
recommendation for selection of offenders to be placed on probation.
7. To make use of innovative, financially and technically feasible projects to
uplift the moral, spiritual and economic condition of probationers, parolees,
pardonees and first time minor drug offenders by utilizing available
community resources .

COMPOSITION OF THE BPP:

The chairman of the BPP is the Secretary of DOJ. Four members are
appointed by the president with the approval of the Commission on Appointment
to serve a term of 6 years. One must be a trained sociologist, a clergy or an
educator, a psychiatrist or any other member qualified by training or experience.
At least one is a woman.

16
 BPP is a quasi-judicial body which was created under Act No. 4103 that
grants parole to any prisoner who is qualified to enjoy its benefits.

PAROLE came from the French word “Parole de honore” “Parole d’ Honeur”
which means word of honor.
- The process of suspending the sentence of a convict after having served
the minimum of his sentence without granting him pardon and describing
the term upon which the sentence shall be suspended.(Cirilio Tradio).
- It is a procedure which prisoners are selected for release and a service by
which they are provided with the necessary controls, assistance and
guidance as they served the remainder of their sentence in the free
community.(Charter & Wilkins)
- It is a form of conditional release that is granted after a prisoner has served
a portion of his sentence in a correctional institution. (Barnes & Tellers).
- It is a decision by an authority constituted accordingly by statute to
determine the portion of the sentence, which the inmate can complete
outside of the institution. It is the status of serving the remainder of the
sentence of a convict in the community in accordance with the rules &
regulations by the Board of Parole.(Correctional & Parole Administration)
➢ Parole is not a reward per se for good behavior but rather it is a follow
up of his institutional program.
➢ Parole is not claimed as a right but it is granted by the Board as a
Privilege to qualified prisoner.

Essential Elements of Parole

1. That the offender is convicted.
2. That he serves part of his sentence.
3. That he is released before the full expiration of his sentence.
4. That said release is conditional depending on his good behavior.
5. That he remains on parole until the expiration of his maximum sentence.

Avantages of Parole
1. Parole provides a transitional period between institutional life and the
freedom of normal life in the community.
2. Parole permits an administrative agency to decide when an offender
should be released.
3. Parle reduces the period of institutionalization.
4. Parole makes it possible to release an offender at the time when he is
mentally and emotionally to return to the community.
5. Parole officer can overtly influence for the prevention of delinquency and
crime.
6. Parolees have the opportunity to support themselves and their dependents
and to make restitution to the victims of their crimes.
7. It cost less to keep an offender on parole than to maintain him on a
correctional institution.

BOARD OF PARDON AND PAROLE

GENERAL PROVISIONS
SEC. 1 POLICY OBJECTIVES
It is the function of the BPP to uplift and redeem valuable human material
to economic usefulness and to prevent unnecessary & excessive deprivation of
personal liberty by way of parole or through executive clemency.

17
 1. Looks into the physic cal, mental and moral records of those who are
eligible for parole or any form of executive clemency & determines the
proper time of release of such prisoner on parole.
2. Assist in the full rehabilitation of individuals on parole or those under
conditional pardon with parole conditions by way of parole supervision.
3. Recommends to the president of the Philippines the grant of any form of
executive clemency to prisoners other than those entitle to parole.

SECTION 2. DEFINITION OF TERMS

➢ Board – refers to the Board of Pardons & Parole.
➢ Executive Director – refers to the executive director or secretary of the
board.
➢ Administration – refers to the Parole & Probation Administration.
➢ Administrators – refers to the administrator of the PPA.
➢ Regional Director – refers to the head of PPA in the region.
➢ Probation & Parole Officer – refers to the probation and parole officer
undertaking the supervision of the client.
➢ Director – refers to the director of the bureau of corrections.
➢ Penal Superintendent – refers to the officer-in-charge of the new Bilibid
prison, the correctional institution for women & the prison and penal farms
of the BuCor.
➢ Warden – refers to the officer-in-charge of the provincial, city, municipal or
district jail.
➢ Carpeta – refers to the institutional record of an inmate which consists of his
mittimus or commitment order issued by the court after conviction, the
prosecutor’s information & the decision of the trial court.
➢ Prison Record – refers to the information concerning an inmate’s personal
circumstances, the offense he committed, the sentence imposed, the
criminal case number in the trial court, the date he commenced serving his
sentence, the date he was received for confinement, the place of
confinement, the date of expiration of the sentence, the number of
previous convictions if any & his behavior or conduct while in prison.
➢ Parole – refers to the conditional release of an offender from a correctional
institution after he has served the minimum of his sentence.
➢ Executive Clemency – refers to reprieve, absolute pardon, conditional
pardon with or without parole conditions and commutation of sentence as
may be granted by the president of the Philippines.
➢ 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. Usually in cases of death penalty.
➢ Commutation of Sentence – refers to the reduction of the duration of a
prison sentence of a prisoner
➢ Conditional Pardon – refers to the exemption of an individual, within certain
limits or conditions from the punishment which the law inflicts for the offense
he had committed resulting in the partial extinction of his criminal liability.
➢ Absolute Pardon – refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition. It restores to the
individual his civil & political rights & remits the penalty imposed for the
particular offense of which he was convicted.
➢ Petitioner – refers to the prisoner who applies for the grant of executive
clemency or parole
➢ Parolee – refers to the prisoner who is released on parole.
➢ Pardonee – refers to a prisoner who is released on conditional pardon.

18
 ➢ Client – refers to a parolee/pardonee who is placed under supervision of a
probation & parole officer.
➢ Release Document – refers to the conditional pardon/absolute pardon
issued by the president of the Philippines to a prisoner or to the “discharge
on parole” issued by the board.
➢ Parole Supervision – refers to the supervision/surveillance by a probation &
parole officer of a parolee/pardonee.
➢ Summary Report – refers to the final report submitted by the probation &
parole officer on his supervision of a parolee/pardonee as basis for the
latter’s final release and discharge.
➢ Progress Report – refers to the report submitted by the probation & parole
officer on the conduct of the parolee/pardonee while under supervision.
➢ Infraction Report – refers to the report submitted by the probation & parole
officer on violations committed by a parolee/pardonee of the conditions
of his release on parole or conditional pardon while under supervision.
➢ Flopped – inmate slang for failing to meet the parole board standards for
release. A flop usually means that the inmate will not be eligible to be
considered anew by the board until another 6 months or more
incarceration, treatment or observation in the institution.
➢ Community agencies – a formal group or association organized to promote
social or individual welfare.

SECTION 3. NATIONAL PRISONER CONFINED IN A LOCAL JAIL

The board may not consider the release on pardon/parole of a national
prisoner who is serving sentence in a municipal, city. District or provincial jail unless
the confinement in said jail is in good faith or due to circumstances beyond the
prisoner’s control.
A national prisoner is one who is sentenced to a maximum term of
imprisonment of more than 3 years or to a fine more than 5,000 pesos; or
regardless of the length of sentence imposed by the court, to one sentenced for
violation of the custom’s law or other laws within the jurisdiction of the bureau of
customs or enforceable by it, or to one sentenced to serve 2 or more prison
sentences in the aggregate exceeding 3 years.

SECTION 4. SCOPE OF AUTHORITY

The board may consider the case of a prisoner for executive clemency or
parole only after his case has become final and executory. It will not take action
on the petition of a prisoner who has a pending criminal case in court or when his
case is on appeal.
In case the prisoner has one or more co-accused who had been
convicted, the director/warden concerned shall forward their prison records and
carpetas at the same time.

PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE

SECTION 5. FILING OF PETITION

A formal petition for executive clemency addressed as follows:

The President of the Philippines

THRU: The Chairman

Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue

19
 Diliman, Quezon City

Petitions for parole shall be addressed to the Chairman or to the Executive

Director of the board. However, the board may, motu propio, consider cases for
parole, commutation of sentence or conditional pardon of deserving prisoners
whenever the interest of justice will be served.

SECTION 6. CONTENTS OF PETITION

Name & age of the prisoner
Previous criminal record if any
Filipino citizen or alien
If naturalized Filipino, his former nationality and date of naturalization
His previous occupation
Place of residence
Present crime for which he was convicted
The court he was convicted
His penalty of imprisonment, fine, indemnity
The jail he was committed or presently confined
Date he was received for confinement
The grounds/reasons upon which executive clemency is being asked
Certification from the court that the case is not on appeal.

SECTION 7. SUPPORTING DOCUMENTS OF PETITION FOR ABSOLUTE PARDON

1. Affidavits of 2 responsible members of the community where the petitioner
resides.
2. Clearances from the NBI, PNP, prosecutor’s office, regular courts where the
petitioner resides.
3. Proof of payment of indemnity and/or fine, certification from the city,
municipal treasurer or probation and parole officer on his financial
condition.
4. Proof of service of sentence or certificate of final release & discharge or
court’s termination order of probation.

SECTION 8. REFERAL OF PETITION FOR ABSOLUTE PARDON TO PROBATION & PAROLE

OFFICER
The board shall refer the petition to a probation & parole officer who shall
conduct an investigation on the conduct and activities, as well as the social and
economic conditions of the petitioner prior to his conviction & since his release
from prison & submit a report within 15 days.
(released on recognizance, bail, early released)

SECTION 9. REFERRAL OF PETITION FOR EXECUTIVE CLEMENCY/PAROLE TO OTHER

GOVERNMENT AGENCIES:
1. If the crime committed is against national security, public order or law of
nation, executive clemency shall be referred to the Secretary of National
Defense.
2. If election laws, rules and regulations – refer to the Commission on Election
for recommendation.
3. In case of alien, petition shall be referred to the DFA for comment &
recommendation.

20
 However, regardless of the crime committed, a petition for executive
clemency/parole may be referred for a pre-parole/executive clemency
investigation to a probation and parole officer who shall submit a report on
the behavior, character antecedents, mental & physical condition of the
petitioner within 30 days from receipt of referral, to include the results of the
NBI records check.

SECTION 10. REVIEW OF CASES FOR EXECUTIVE CLEMENCY

A. Minimum Requirement for Commutation of Sentence:
1. Served at least 1/3 of the indeterminate or definite sentence if penalty
imposed is indeterminate or definite sentences.
2. Served at least 10 years for prisoners sentenced to reclusion perpetua or
life imprisonment.
3. Served at least 12 years for prisoners whose sentence were adjusted to
definite prison term of 40 years.
4. At least 15 years for prisoners convicted for prisoners convicted of
heinous crimes
5. At least 20 years in case of 1 or more death penalties which was
automatically reduced or commuted to reclusion perpetua or life
imprisonment.
B. Minimum Requirements for Conditional Pardon:
1. Served at least ½ of the minimum of his sentence.
2. If heinous crime, at least served ½ of the maximum of his sentence.
C. Minimum Requirements for Absolute Pardon
1. After he has served his maximum sentence or granted final release &
discharge or court termination of probation.
2. When petitioner is seeking appointive/elective public position or
reinstatement in the government service.
3. Needs medical treatment abroad which is not available locally.
4. Petitioner will take any government examination.
5. Petitioner is emigrating.

SECTION 11. PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY

Prisoners who escaped or evaded service of sentence for a period of 1 year
from the date of their last recommitment to prison or conviction for evasion of
service of sentence.

GRANT OF PAROLE: When the board finds that there is a reasonable probability
that if released, he will be law-abiding & that his release will not be incompatible
with the interest & welfare of society.

DISQUALIFICATION FOR PAROLE:

1. Those convicted of an offense punished with death penalty, reclusion
perpetua or life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason or
espionage.
3. Those convicted of misprision of treason, rebellion, sedition.
4. Those who committed mutiny or piracy.
5. Those who are habitual delinquents.
6. Those who escaped from confinement or evaded sentence.
7. Those granted conditional pardon & violated the terms imposed thereof.
8. Those whose imprisonment does not exceed 1 year.
9. Those suffering mental disorder.

21
 10. Those whose conviction is on appeal.
11. Those who have pending criminal cases.

PROCEEDINGS OF THE BOARD:

1. Interview of prisoners
2. Publication of those eligible for executive clemency/parole.
3. When an objection is filed, the Board may consider the requesting person
to produce evidence relative to the objection made.
➢ In case the prisoner has one or more co-accused who had been
convicted, the board shall consider at the same time the prison records
and carpeta of said co-accused.

FACTORS TO BE CONSIDERED IN PETITION FOR CONDITIONAL PARDON,

COMMUTATION OF SENTENCE OR PAROLE:
1. Age of the petitioner
2. The gravity of the offense & the manner in which it was committed.
3. The institutional behavior or conduct & previous criminal record if any.
4. Evidence that the petitioner will be legitimately employed upon release.
5. A residence showing that the petitioner has a place where he will reside.
6. Availability of after-care services for the petitioner who is old, seriously or
suffering from a physical disability.
7. Attitude towards the offense and the degree of remorse.
8. The risk to other persons, including the victim, witnesses, his family & friends
or the community.
9. The possibility of retaliation by the victim, his family or friends.

SPECIAL FACTORS TO BE CONSIDERED IN PETITION FOR Conditional Pardon,

Commutation of Sentence OR Parole:
1. Youthful offenders.
2. Prisoners who are 60 years old and above.
3. Physical disability like mute, deaf, etc.
4. Serious illness & other life threatening disease as certified by government
physician.
5. Those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision.
6. Alien prisoners where diplomatic considerations and amity between
nations necessitate review.
7. Circumstances which show that his continued imprisonment will be
inhuman or will pose a grave danger to the life of the prisoner or his co-
inmates.

BOARD ACTION
A majority of the members of the Board, constituting a quorum, shall be
necessary to recommend the grant of executive clemency or to grant parole; to
modify any of the terms and conditions appearing in a release document; to
order the arrest and recommitment of a parolee/pardonee; and to issue
certificate of final release and discharge of a parolee/pardonee. The minutes of
the meeting of the Board shall show the votes of its individual members and the
reason/s for opinion to grant or deny parole shall be reduced in writing and shall
form part of the records of the proceedings.

EXECUTIVE CLEMENCY/PAROLE OF AN ALIEN

22
 The Board may recommend the grant of executive clemency or grant
parole to a prisoner who is an alien. In such a case, the alien who is released on
the parole or pardon shall be referred to the Bureau of Immigration for disposition,
documentation and appropriate action.

PAROLE SUPERVISION
After release from confinement, a client shall be placed under the
supervision of Probation and Parole Officer so that the former may be guided and
assisted towards rehabilitation.
The period of parole supervision shall extend up to the expiration of the
maximum sentence which should appear in the Release Document, subject to
the provision of Section 6 of Act No. 4103 with respect to the early grant of Final
Release and Discharge.

FORM OF RELEASE DOCUMENT

The form of the release document shall be prescribed by the board and
shall contain the latest 1’’x1’’ photograph and right thumbprint of the prisoner.

TRANSMITTAL OF RELEASE DOCUMENT

The Board shall send a copy of the Release Document to the prisoner
named therein through the Director of Correction or Warden of the jail where he
is confined who shall send a certification of the actual date of release of prisoner
to the Probation and Parole Officer

INITIAL REPORT

Within the period prescribed in his Release Document, the prisoner shall
present himself to the Probation and Parole Officer specified in the Release
Document for provision. If within forty five (45) days from the date of release from
prison or jail, the parolee/ pardonee concerned still fails to report, the Probation
and Parole Officer shall inform the Board of such failure, for appropriate action.
ARRIVAL REPORT

The Probation and Parole Officer concerned shall inform the board thru the
Technical Service, Parole and Probation Administration the date the client
reported for supervision not later than fifteen (15) working days therefrom

MANDATORY CONDITION OF SUPERVISION

It shall be mandatory for a client to comply with the terms and condition
appearing in the release document.

REVIEW AND MODIFICATION OF CONDITION

The Board may, upon the recommendation of the Probation and Parole
Officer, revise or modify the terms and condition appearing in the Release
Document.

TRANSFER OF RESIDENCE
A client may not transfer from the place of the residence designated in his
release document without the prior written approval of the Regional Director
subject to the confirmation of board.

OUTSIDE TRAVEL

23
 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. The
travel of probationer should be filed 15 days before the date of travel for approval
of the court.

TRAVEL ABROAD AND OR / WORK ABROAD

Any parolee or pardonee for 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.

DEATH OF CLIENT
If a client dies during supervision, the provision and parole officer shall
immediately transmit a certified true copy of the client’s death certificate to the
board recommending the closing of the case. However, in the absence of a
death certificate an affidavit narrating the circumstances of the fact of death
from the barangay chairman for any authorized officer or any immediate relative
where client re sided, shall suffice.

PROGRESS REPORT
When a parolee/ pardonee commits another offense during the period of
his parole surveillance, and the case filed against him has not yet been decided
by the court, a progress report should be submitted by the Provision and Parole
Officer to the Board.

INFRACTION REPORT
Any violation of the term condition appearing in his release Document or
any serious deviation or non- observance of the obligations set forth in the parole
supervision program shall be immediately reported by his probation and parole
officer to the Board. The report shall be called infraction report when the client
has been subsequently convicted of another crime.

ARREST OF CLIENT
Upon receipt of an Infraction Report, the Board may order the arrest or
recommitment of the client.

EFFECT OF THE RECOMMITMENT OF CLIENT

The client who is recommitted to prison by board shall be made to serve
the remaining un-expired portion of the maximum of the sentence for which he
was originally committed to prison.

CANCELLATION OF PARDON / PAROLE

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

REVIEW OF CASE OF RECOMMITTED PAROLEE

The Board may consider the case of a recommitted parolee for the grant
of a new parole after the later shall have serve one/fourth (1/4) of the unserved
portion of his maximum sentence.

24
 TERMINATION OF PAROLE AND CONDITIONAL PARDON SUPERVITION

CERTIFICATE OF FINAL RELEASE AND DISCHARGE

After the expiration of the maximum sentence of a client, the board shall
upon recommendation of the chief probation and parole officer that the client
has substantially complied with all the condition of his parole/ pardon, issue a
certificate of final release when discharge to a parolee or pardonee. However,
even before the expiration of maximum sentence and upon recommendation of
the chief probation and parole officer, the board may issue a certificate of final
release and discharge to parolee/ pardonee pursuant to the provisions of section
6 of Act No. 4103, as amended.
The clearances from the police, court, prosecutor’s office and barangay
official shall be attached to the summary report.

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 release and discharge from the condition
appearing in his release document. However, the accessory penalties of the law
which have not been expressly remitted therein shall subsist.
TRANSMITTAL OF CERTIFICATE OF FINAL RELEASE AND DISCHARGE
The board shall forward certified true copy of the certificate of final release
and discharge to the court which sentenced the release client, the probation
and parole officer who has supervision over him, the bureau of correction, and
the national bureau of investigation, the Philippine National Police and the office
of the President.

REPEALING CLAUSE
All existing rules regulation and resolution of the board which are
inconsistent with these rules are hereby repealed or amended accordingly.

COMMON RULES & REGULATIONS OF PAROLEE:

1. Making restitution
2. Supporting dependents
3. Getting, keeping and reporting honestly on employment
4. Avoiding indebtedness and unnecessary expenditures
5. Reporting to his parole officer
6. Making arrival report
7. Keeping the parole officer informed of the whereabouts of parolee
8. Permit the parole officer to visit him at home and place of work
9. Abstaining from the use of liquor
10. Keeping curfew hours
11. Provisions against marrying without permission
12. Provisions against living in an illicit relationship
13. Provisions against owning or operating an automobile
14. Prescription against use of narcotics
15. Regulations against carrying/possessing dangerous weapon.

PROGRAMS OF PAROLEES
1. Furloughs – are authorized, unescorted leaves from confinements granted
for specific purpose and for designated periods, usually 24to 72 hours,

25
 although they may be long as several weeks or as short as few hours. This is
to assist the offender in becoming re-integrated into the society.
2. Work Release – refers to any program that provides for the labor of jail or
prison inmates in the community under limited supervision, and where
inmates are paid the prevailing wage. Sometimes furloughs and work
release are used interchangeably.
3. Shock Parole or shock probation – refers to a planned sentenced where
judges’ order offenders imprisoned for statutory incarceration period
related to their conviction offense. However, after 30, 60, 90 or even 120
days of incarceration, offenders are taken out of jail or prison and
“resentenced” to probation provided that that they behave well while
incarcerated.
4. Half-Way Houses - one of the most important components of community-
based corrections. It is privately or publicly operated facilities staffed by
professionals, paraprofessionals and volunteers. They are designed to assist
parolees to make the transition from prisons to community.
5. Intensive Supervision Programs – this involves more frequent contact
between offenders and their supervising officers as well as greater number
of restrictions than typically characterize regular probation. Generally, the
intensive supervision programs target criminals who have committed
serious crimes.
6. Electronic Monitoring - unlike incarceration, which totally eliminates
offender’s freedom, electronic monitoring restricts freedom while
permitting offenders to remain in the community. House confinement is
commonly a condition of electronic monitoring is very often the reverse
situation is the case, and that is the EM is a condition of home confinement.
7. Correctional Boot Camp – in theory, correctional boot camps emanate
from fundamentally different, although not mutually exclusive, correctional
philosophies. Most programs are based on the concept of deterrence and
rehabilitation. Correctional boot camps attempts to instill discipline and
respect for authority from among the participants.

TYPES OF PAROLE RELEASE

1. DISCRETIONARY RELEASE
It is the parole of an intimate from prison to the expiration of maximum
sentence according to the boundaries set by the sentence and the
legislature. Discretionary release usually functions under the indeterminate
sentence, and implies that the inmate is ready to undergo community-
based treatment and supervision.

2. Mandatory Release
It is the required release of an inmate form incarceration because law
mandates the release of any inmate having served the equivalent of the
maximum term. Mandatory release means the parole board refused to
release the inmate prior to attainment of the equivalent of maximum time
of sentence imposed by the court.

3. Expiration Release
It is when the prisoner has served the full length of his or her sentence. Minus
good conduct time allowance. Expiration release is ordered, and

26
 community supervision is not correctional supervision and cannot be
returned to prison for their current offense.

DISTINCTION OF PAROLE FROM PROBATION

1. Parole is an administrative function exercised by the executive branch of
the government while probation is a judicial function.
2. Parole is granted to prisoner only after he has served minimum of his
sentence in prison while probation is granted to an offender after
conviction (within 15 days after the decision is rendered).
3. Parole is an extension of institutional treatment program while probation is
a substitute for imprisonment.
4. Parole is granted by the BPP while probation is granted by the court.
5. Petitioner granted parole is called parolee while in probation probationer.
6. A parolee is under the supervision of a parole officer while probationer is
under the supervision of a probation officer.

PAROLE REVOCATION – it is a decision to rescind one’s parole and return the

parolee to prison, usually to serve the remainder of the originally imposed
sentenced. It depends on the seriousness of the violation of the conditions, as to
whether the parolees will go back to prison, resulting from the recommendations
made by the PPA.

PAROLE REVOCATION HEARING – a hearing before a judge to address whether

the defendant violated a condition of his parole. If the judge is reasonably
satisfied that the defendant violated a condition of his parole, the judge may
send him back to prison or reinstate him on parole with added condition.

PARDON
Objectives:
1. To know how pardon started.
2. To know how pardon is being applied and granted.
3. To know the benefits and/or effects of pardon.

PARDON an act of grace extended to prisoners as a matter of right vested to the

chief executive as a matter of power. The act of grace which exempts an
individual from the punishment of the law for a crime he has committed.

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 allusion where a criminal was released and pardoned out by the King where
Christ was crucified.

In England, pardon developed out of the conflict between the King and
the Nobles who threatened his powers. Pardon was applied to member of the
Royal Family who committed crimes, and occasionally to those convicted of
offences 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 parson is vested in the Queen upon advised of the Minister of Home Affairs.

In the United States, Pardon among the early American colonist was a
carry-over of the English practice. The pardoning power was exercised by the

27
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 federal state cases,
respectively.

In the local setting, the pardoning power is vested in the President by

Section 19, Article VII of the Philippine Constitution of 1987, which states, “ except
in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons and remit fines and
forfeitures, after conviction by final judgment.” He shall also have the power to
grant amnesty with the concurrence of a majority of all the Members of the
Congress.

Kinds of Pardon

As practice in the local setting, there are two kinds of pardon, as follows:

1. Absolute Pardon
It is a pardon that releases the wrongdoer from punishment and restores
the offender’s civil rights without qualification. Absolute pardon is one given
without any condition attached to it. It is generally granted to convicts who
had long sentences, exempting them from serving the remainder of their
sentence. It is also termed full pardon or unconditional pardon.

2. Conditional Pardon
It is a pardon does not become effective until the wrongdoer satisfied a
prerequisite or that will be revoked upon serves the purpose of releasing,
through executive clemency, a prisoner who is already reformed or
rehabilitated, but who cannot be paroled because the law does apply to
him.

Purposes of Absolute Pardon:

a. To do away with the miscarriage of justice.
✓ For purposes of relieving the harshness of the law or to provide
remedy for mistakes in the administration of justice.
b. To keep punishment abreast of with current practice of criminal justice
administration.
c. To restore full political and civil rights of offenders who have already
served their sentence and have waited the prescribed period.

LIMITATIONS OF THE PARDONING POWER:

1. Pardon cannot be extended in a case of impeachment.
2. No pardon, parole or suspension of sentence for the violation of any
election law may be granted without favorable recommendation of the
COMELEC .
3. Pardon is exercised only after conviction.

EFFECTS OF PARDON:
1. A pardon does not restore the right to hold public office or the right of
suffrage, except when such right is expressly restored by the terms of
pardon.
2. It does not exempt the culprit from payment of indemnity.

28
Can the Offended Party grant Pardon?
YES, the offended party can grant pardon.

Distinction of Pardon by the Offended Party and Pardon granted by the President:
1. Pardon granted by the Chief Executive extinguishes the criminal liability of
the offender but not in pardon granted by the offended party.
2. Pardon granted by the Chief Executive does not include civil liability which
the offender must pay while pardon granted by the offended party can
waive the civil liability which the offender must pay.
3. Pardon granted by the offended party should be given before the
prosecution of the criminal action, whereas pardon granted by the Chief
Executive may be extended to any of the offenders after conviction.

Distinction between Amnesty and Pardon:

1. Amnesty is granted for crimes committed against the soveignty of the state
while pardon is granted for crimes committed against the peace and order
of the state.
2. Pardon is exercised after conviction while amnesty may be given before or
after conviction.
3. Amnesty is granted with the concurrence of Congress while pardon is an
individual act of the president.
4. Amnesty is a public act of the President while pardon is a private act.
5. Amnesty is an act of forgetfulness while pardon is an act of forgiveness.
6. Amnesty is granted to a group of persons while pardon is usually granted to
an individual.
TECHNIQUES USED BY PAROLE OFFICERS
1. Manipulative Technique
A method of helping the parolee by altering environmental
conditions to bring out satisfactory social adjustment.
2. Guidance and Counbseling Technique
A method of helping parolees by personal interaction of the
experts/professionals to the individual parolee.
3. Executive Technique
A method of helping parolees by which the parole office performs referral
services.

29