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Module IN CA 2 1 - non-institutional correction reviewer

Introduction to Criminology (Philippine College of Criminology)

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A Self-learning Module for BS Criminology

COURSE CODE: CA 1
Non-Institutional Correction

Prepared by:

DR. ROEL R. ALVIAR

Chairperson, Criminology Department

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COURSE INTRODUCTION:

This chapter focuses on probation, which is a sentence imposed on convicted offenders

that allows them to remain in the community under the supervision of a probation officer
instead of being sent to prison. The term probation comes from the Latin term probare,
meaning “to prove.” Because probation is a conditional release into the community, the
probation period is a time of testing a person’s character and his or her ability to meet
certain requirements. That is, convicted persons must prove to the court that they are
capable of remaining in the community and living up to its legal and moral standards.
About 90% of all sentences handed down by the courts in the United States are probation
orders (Kramer & Ulmer, 2009).

The practice of imprisoning convicted criminals is a relatively modern and expensive way
of dealing with them. Up to two or three hundred years ago, they were dealt with by
execution, corporal punishments such as disfigurement or branding, or humiliation in the
stocks. All these punishments took place as community spectacles, and even with
community participation in the case of individuals sentenced to time in the stocks.

Assuming that a convicted person was not executed, he or she remained in the community
enduring the shame of having offended it (think of Hester Prynne’s punishment in
Nathanial Hawthorne’s The Scarlet Letter). The only kind of offenders typically subjected
to this kind of shaming today are sex offenders whose pictures are displayed on the
Internet and who are frequently identified to their neighbors through community
notification orders.

COURSE DESCRIPTION:

The course covers comprehensively the Probation Law of 1976, Presidential Decree 968 as
amended; the concepts, history and principles of probation; investigation, selection,
process and conditions of probation. This also focuses on the peculiarity of probation and
other forms of executive clemency and their role in the Philippine Criminal Justice System.
This also includes the discussion of Republic Act 4103, as amended and other forms of
community – based treatment of convicted persons.

COURSE OUTLINE:

This course is structured to comprise large learning blocks which we refer to as Units. Each
Unit is further comprised of a series of sub-learning blocks which we refer to as Modules. For your
better understanding of the units and modules, you can refer to this overview:

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Unit I: The Historical Background of Probation

 Module 1: Significant personalities, events, and places in relation to probation in the

international setting.
 Module 2: Different theories of punishing criminals
 Module 3: Forerunners of Probation
 Module 4: Purpose of Probation
 Module 5: Characteristics, benefits and advantages of Probation

Unit II: Presidential Decree 968 (Adult Probation Law )

 Module 6: Process in the Application and Termination of Probation

 Module 7: Conditions imposed by the court in Probation program.
 Module 8: Other matters that must be considered in probation.
 Module 9: Overview on Probation Administration

Unit III: Parole and Probation Administration Omnibus Rules on Probation Methods and
Procedures
 Module 10: General Provisions
 Module 11: Application for Probation
 Module 12: Post-Sentence Investigation & Post-Sentence Investigation Report
 Module 13: Full Blown Courtesy Investigation and Transfer of Conduct of Referral
 Module 14: Probation Order
 Module 15: Terms and Conditions of Probation
 Module 16: Supervision of Probationers
 Module 17: Violation of Probation Condition
 Module 18: Early Termination
 Module 19: Probation Aides
 Module 20: Termination of the Probation Supervision Case
 Module 21: Closing of Probation Case and the Reports

Unit III: Overview on Parole

 Module 22: The Historical Background of Parole

 Module 23: Indeterminate Sentence
 Module 24: Parole Administration in the Philippines

Unit IV: Forms of Executive Clemency

 Module 25: Qualification of Executive Clemency

 Module 26: Commutation of Sentence
 Module 27: Pardon
 Module 28: Remission of Fines or Forfeitures
 Module 29: Reprieve and Suspension of Sentence

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As this semester has duration of eighteen (18) weeks, PLEASE REFER TO THE OBTL SYLLABUS
for the schedule of module topics and instructions on requirements. Any adjustments on the
schedule or changes regarding the requirements will be communicated to you accordingly.

The requirements that you have to comply in order to evaluate your completion of this course are
the following:

STUDENT PERFORMANCE EVALUATION

LECTURE
Assignment/Output 20%
(Oral presentation, Reflective Writing, Online Quiz, Reflective Essay etc.)
Quiz 20%
Attendance/Online Class Participation 30%
(Students response to teacher-posted comprehension questions. Students
reflection on class required readings.)
Term Exam 30%

Credit Grade = (Midterm Grade + Final Term Grade)/2

OVERVIEW:
In the criminology parlance, the word “correction” may be understood as the fourth pillar of
criminal justice system which is charged with reforming and rehabilitating offenders. It is known
by majority of the authors in the field of criminology as the weakest pillar of criminal justice system
because of its failure to reform and rehabilitate offenders.

Hence, it was argued by the former governor of California by the name of Jerry Brown that if jails
do not reform and rehabilitate, what is their use?

The act of reforming offenders may be by means of institutions or by other means not requiring
institutions. The act of reforming offenders by means of institutions is known as correctional
institutions, while the act of reforming offenders by other means outside institutions is known as
non- institutional corrections.

Death penalty was, however, proved to be useless in decreasing crime rate so a move by the
Congress was made to abolish it. By a vote of 119 – 20, the House of Representatives approved on a
third and final reading Tuesday night, June 6, 2006, the measure abolishing the death penalty in
the country. Speaker Jose de Venecia, who presided as the final vote was taken said the measure is a
step that restores the sanctity of human life in the way the country dispenses justice. “We have
taken this courageous decision because we believe in the sanctity of human life and in the value of
justice not as an act of retribution. This is the mark of a higher civilization.” On the other hand,
“The penalty of life imprisonment is just as harsh as the death penalty,” said Deputy Speaker Raul
del Mar, who was a member of the 9th Congress that had approved the death penalty.

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On the part of Senate, Sixteen senators voted for the abolition and one abstained. Senate Minority
Leader Aquilino Pimentel Jr. said that the Death Penalty Law has no place in a Christian nation like
the Philippines. Senator Sergio Osmena III stressed that the Death Penalty Law proved that it was
not a successful deterrent against heinous crimes. Earlier, in a co-sponsorship speech on the
abolition of the death penalty, Senator Richard J. Gordon, chairman of the Senate Committee on
Constitutional Amendments, Revision of Codes and Laws, declared that he supports “the abolition
of the death penalty at the present time,” but does so rather” haltingly and hesitatingly” and voted
“to abolish the death penalty albeit temporarily.” Gordon, himself a victim of grievous crimes when
his father was assassinated and his niece brutally killed, stated that he is doing so “not just to be
merciful but to be just.” ”It is so easy to kill a person to bring him to justice, but the lifetime
suffering of a nation when it finds out that it has made a mistake is indelible,” he added.

The bill gave weight to the argument that death penalty is “not a deterrent to crime” and that
“judicial error” is a possibility in all justice systems.

It cited several other reasons for abolishing the death penalty, among them the following:

1. Death penalty is retributive justice, therefore vengeful and barbaric;

2. It is the ultimate cruel and inhuman punishment;
3. It is irrevocable;
4. It shuts out rehabilitative justice;
5. It raises the likelihood of criminals becoming more violent for fear of being convicted by
death sentence; and
6. It is anti-poor

In the abolition of death penalty, Non – Institutional Correction was strengthened. The main
concentration of the non – institutional treatment includes probation, parole, good conduct time
allowance, reprieve, suspension of sentence, and the like. (Reaction Paper of TMT passed at PCCR, September 10,
2011 & http://en.wikipedia.org/wiki/Capital_punishment_in_the_ Philippines)

INSTRUCTION TO THE USERS:

1. Ask your instructor what type of information they'll include on exams. Taking good notes
is much easier if you know what's important. Each instructor has their own way of designing their
exams, so you may need to change up your note taking strategy to fit their assessments. This
information may also be included on the syllabus.

2. Write down important information from your teacher and textbook. It may feel redundant
to take notes, since the information is in front of you. However, you’ll soon forget the facts and
dates if you don’t write them down straight away. The same goes for when you’re reading the
assigned text(s) for the course/class. So, keep a notebook dedicated to classes, and aim to take at
least 1 page of notes per chapter read or 30 minutes of lecture you've sat through. For example, you
may not need to write down Abraham Lincoln’s exact height. But, you should jot down the dates of
the Civil War and the date of the Gettysburg Address, for example.

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3. Organize your notes chronologically. Maintaining that chronology in the notes that you take
while reading will help you organize the information you receive. Always jot down the date of
events in your notes and try to keep things sequential.

4. Write down connections between the chronological notes you take. Studying history can
often feel like you’re memorizing a bunch of disconnected dates, names, and places. Avoid this by
making the connections explicit in the notes that you take. Then, when you’re preparing for a test
or essay, you’ll be able to draw on these connections and contextualize historical events.

5. Ask your instructor about any information you didn’t understand. Sometimes students feel
embarrassed to ask their teacher questions, but there’s no reason to feel that way. If you’re confused
about a point in the lecture or are struggling to remember any dates, names, or places, don’t
hesitate to ask your teacher after class. Or, send your teacher an inquiring email that night.

6. Reading is Not Studying

Simply reading and re – reading texts or notes is not actively engaging in the material. It is simply
re – reading your notes. Only ‘doing’ the readings for class is not studying. It is simply doing the
reading for class. Re – reading leads to quick forgetting.

Think of reading as an important part of pre – studying, but learning information requires actively
engaging in the material. (Edwards, et al. 2014)

Active engagement is the process of constructing meaning from text that involves making
connections to lectures, forming examples, and regulating your own learning. (Davis, 2007)

Active studying does not mean highlighting or underlining text, re – reading, or rote
memorization. Though these activities may help to keep you engaged in the task, they are not
considered active studying techniques and are weakly related to improved learning. (Mackenzie,
1994)

7. Ideas for Active Studying

a. Create a study guide by topic. Formulate questions and problems and write complete answers.
Create your own quiz.

Become a teacher. Say the information aloud in your own words as if you are the instructor and
teaching the concepts to a class.

b. Derive examples that relate to your own experiences.

Create concept maps or diagrams that explain the material.
Develop symbols that represent concepts.

c. Figure out the big ideas so you can explain, contrast, and re-evaluate them.

d. Work the problems and explain the steps and why they work.

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e. Study in terms of question, evidence, and conclusion: What is the question posed by the
instructor/author? What is the evidence that they present? What is the conclusion?

f. Organization and planning will help you to actively study for your courses. When studying for a
test, organize your materials first and then begin your active reviewing by topic. (Newport, 2007)

g. Often subtopics are provided on the syllabi. Use them as a guide to help organize your materials.
For example, gather all of the materials for one topic (e.g., PowerPoint notes, text book notes,
articles, homework, etc.) and put them together in a pile. Label each pile with the topic and study
by topics. The Learning Center (2020)

LEARNING OBJECTIVES:

The learning objectives include the following;

1. To be able to use a variety of brainstorming techniques to generate novel ideas of value to
solve problems;

2. To have sufficient mastery of one or more media to complete the technical and formal
challenges pertinent to a body of original work;

3. To be able to clearly communicate the content and context of their work visually, orally
and in writing;

4. To develop behaviors such as curiosity, initiative, and persistence that will help them
engage with the world in productive ways. Students will be able to work independently or
collaboratively to achieve stated goals;

5. To know and understand significant aspects of the history; the nature; and
characteristic;

6. To understand historical concepts such as continuity and change, cause and

consequence, similarity, difference and significance, and use them to make connections,
draw contrasts, analyse trends, frame historically – valid questions and create their own
structured accounts, including written narratives and analyses;

7. To understand the methods of historical enquiry, including how evidence is used

rigorously to make historical claims, and discern how and why contrasting arguments and
interpretations of the past have been constructed;

8. To gain historical perspective by placing their growing knowledge into different

contexts, understanding the connections between local, regional, national and
international history; between cultural, economic, military, political, religious and social
history; and between short – term and long – term timescales;

9. To develop a better understanding of their own role;

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10. To become more familiar with the concepts of interdependence, development,

globalisation;

11. And to think critically.

DISCUSSION OF THE TOPICS:

NON-INSTITUTIONAL CORRECTIONS

Unit I: The Historical Background of Probation

Significant personalities, events, and places in relation to probation in the international
setting.

1. Laws of Babylon, Greece, and Rome;

These laws introduced the principle of the Eye For an Eye and the Tooth For a Tooth. This is
known as the principle of “Lex Talionis.” The exact Latin translation of Lex Talionis to English,
however, is "The law of retaliation." At the root of this principle is that one of the purposes of
the law is to provide equitable retribution for an offended party so a person who has injured
another person receives the same injury in compensation.

2. Early 19th century in England:

English Magistrates initiated experiments to determine the possibility of reformation of some

young and inexperienced offenders from the stigma of prison. Youthful offenders would be
brought back for sentence if the condition of release would be violated.

3. Mathew Davenport Hill;

Mathew Davenport Hill is considered the father of probation in England. It was in the early
years of 1481 when he made observations in Birmingham Court, he introduced the following
beliefs in relation to offenders:
a. Individuals are not fully corrupt;
b. There is reasonable hope of reformation of offenders; and
c. If adults were given the chance as guardians of young convicts, they will be kind enough
to take charge of the latter.

4. John Augustus;

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John Augustus was considered as the “First Official Probation Officer.” He was also known later
as the “Father of Probation in the USA” but others say that he is the “World’s Father of
Probation.” This is because of his pioneering efforts to campaign for more lenient sentences for
convicted criminals based on their backgrounds. Augustus' efforts are credited with the
establishment of the Pre – sentence Investigation. Some also say that he is the “First
Recognized Probation Officer in the United States.”

5. Edward Savage – He was a Boston police captain who became America's first paid probation
officer in 1878.

6. Gardner Tuft – He was a director of the Massachusetts Board of State Charities. He reported
the result of probation in cases of juvenile offenders to the legislature so the latter authorized
the city of Boston to appoint probation officer for adult offenders.

7. Massachusetts - It became the First State to enact a probation law on April 21,1878 under the
administration of Governor Alexander H. Rice. Said governor appointed and prescribed duties
for paid probation officers.

8. Vermont – It was the second State to enact a general probation law. Said law was known as
The Vermont Act of 1898. Vermont was the first to adopt a COUNTY (not country) PLAN,
where each county court was required to appoint a probation officer whose duty was to
investigate the accused at the request of any court. He was authorized to recommend that such
persons, if convicted be placed on probation. Probation was granted only after the suspension
of execution of sentence.

9. Rhode Island – The third State to have a general type of probation law and it was known as
The Act of 1899. The Act of 1899 empowered the Board of State Charities and corrections to
appoint a State probation officer and additional probation officers; one of whom shall be a
woman. Probation was granted before the imposition of sentence and even without conviction.
It was the first State to adopt the designation “COUNSELLOR” rather than “OFFICER”.

10. Minnesota and Illinois - In 1899, the State of Minnesota and Illinois enacted laws giving
probation to juvenile delinquents only.

11. New Jersey – It was the fourth State to pass a general probation law in 1900.

12. New York – The fifth state to have a general probation law.

13. California - California was the six States to establish its general probation law in 1903.

14. March 4, 1925; - On March 4, 1925, the United States had the first Federal Probation Act when
President Calvin Coolidge signed it into law. This probation law had its roots in the practice of
judicial reprieve which was used in English courts to serve as a temporary suspension of
sentence to allow a defendant to appeal to the Crown for a pardon.

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15. 1950 to 1975; - The years 1950 to 1975 represented the high water mark of the rehabilitation (or
treatment) model in federal sentencing and probation supervision. In this connection,
sentencing alternatives expanded with passage of the following laws:
 Youth Corrections Act in 1950 (related to the sentencing and supervision of defendants
aged 18 to 26);
 Indeterminate Sentencing Act of 1958 (relating to adult defendants);
 Criminal Justice Act of 1964;
 Prisoner Rehabilitation Act of 1965 (which established home furloughs, work release
programs and community treatment centers); and
 Narcotic Addict Rehabilitation Act of 1966 (relating to drug treatment for addicted
parolees).
These years were also marked by an increased professionalization of the probation service
in terms of higher qualifications for appointment, increased training programs especially under the
newly established Federal Judicial Center, and higher standards for work performed in 1967

16. 1984 - The Bail Reform Act of 1984 was an important event for pretrial services in that it
permitted the court to consider danger to the community in setting bail conditions and to deny
bail altogether where a defendant posed a grave danger to others. (Other source:
http://www.nhd.uscourts.gov/ci/history/uspo.asp)

17. Act 4221; Probation was first introduced in the Philippines during the American colonial
period (1898–1945) with the enactment of Act No. 4221 of the Philippine Legislature on August
7, 1935. This law created a Probation Office under the Department of Justice, and provided
probation for first offenders 18 years of age and above who were convicted of certain crimes.
Unfortunately, there were defects in the law’s procedural framework so that, on November 16,
1937, the Supreme Court declared it unconstitutional in the case of People of the Philippines vs.
Vera on the grounds of “undue delegation of legislative power” and violation of the “equal
protection of the law” clause.

18. PD 968; - When Act 4221 was declared unconstitutional on November 16, 1937, a second
attempt was made when then Congressmen Teodulo C. Natividad and Ramon D. Bagatsing
introduced House Bill No. 393 during their last months in Congress. This bill avoided the
objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. This was
passed in the Lower House and was pending in the Senate when Martial Law was proclaimed in
1972.

The theories of punishing criminals include the following:

a. Retribution;
Retribution holds that punishment is imposed on the offender in order for the society to
vent its anger toward and exact vengeance upon the criminal. It maintains that punishment is a
device for ensuring that offenders pay for past misconduct.
b. Deterrence; and
Punishment is imposed upon a person who has committed a crime, the pain inflicted will
dissuade the offender (specific deterrence) and other persons (general deterrence) from
committing crimes.
c. Restraint.

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If criminals are confined, executed, or otherwise incapacitated, such punishment will deny
their ability or opportunity to commit further crimes that may harm other members of the society.

Forerunners of probation

The forerunners of probation originally came from England and they were introduced in the
United States when the latter was under the colony of the former. They are the following:
a. Benefits of clergy: The earliest device for softening the brutal severity of punishment was
the benefits of clergy. Henry II in 13 th century compromised the church and the State. The
members of the clergy who were brought before the kings court maybe claimed under the
jurisdiction of the Bishop or Chaplain requesting him on the ground that he is subject to
the ecclesiastical court only. The benefit resulting for the compromise is that jurisdiction is
maintained with the Kings court but in sentencing, greater leniency was done resulting for
offenders to escape death penalty. Kings may not present evidence and if the offender is
found guilty, his penalty may be degraded or he may be put to penance.

b. Judicial reprieve; Judicial reprieve was a temporary withholding of sentence used by early
English judges. It is the withdrawing of a sentence for the period of time whereby execution
is suspended either before or after judgment as where the judge is:
 Not satisfied with verdict;
 The evidence is suspicious;
 The indictment is insufficient;
 There is a doubt whether the offense is within clergy;
 The felony is light; and
 There are favorable circumstances appearing in the offender’s criminal character.
During the reprieve, the accused can apply to King for absolute or conditional pardon.

c. Recognizance;
Recognizance may also be considered as a direct ancestor of Probation. It originated
from complying an obligation by making a promise to comply with a court order even if the
offender is not yet convicted but likely to be convicted. It included the promise to keep
peace and be of good behavior.

Sureties on bail are usually required and the person who stood surety has the power
and duty to impose the condition and return the person to court if he commit another
crime or fail to comply with the conditions. Extended later to person already convicted of
misdemeanor and used as substitute for punishment.

d. Transportation (Banishment);
Principal method of disposing offenders to other countries for the following
purpose:

 To supplying new colonies with cheap labors;

 To substitute brutal punishment at the homeland and to give offenders opportunity to
be rehabilitated in a new country; and
 To decongest the mainland.

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Purposes, characteristics, benefits that may be obtained from, and advantages of

probation?

The purposes of probation are the following:

 To promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
 To provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
 To prevent the commission of offenses. (Sec 2 of PD 968)

The characteristics of probation are the following:

a. It is more enlightened and humane correctional treatment;

b. It aims to promote the reformation of the offenders;
c. It reduces the incidence of recidivism;
d. It extends to offenders individualized and community based treatment programs instead of
imprisoning them;
e. It is limited to offenders who are likely to respond favorably there to; and
f. It is less costly than the confinement of other offenders in prisons.

The benefits that may be obtained from probation are the following:

a. Probation protects society;

 From the excessive cost of the detention of offenders; and
 From the possible recidivism of the detained offender.
b. Probation protects the victim;
 By providing restitution; and
 By preserving justice
c. Probation protects the family;
 By not depriving the wife and children of husband and father, respectively; and
 By maintaining the unity of the family.
d. The probation assists the government;
 By decongesting prisons and jails;
 By lessening court dockets; and
 By lightening the load of prosecutors
e. Probation helps the offender; and
 By maintaining his earning power;
 By providing rehabilitation in the community; and
 By restoring his dignity.
f. Probation justifies the philosophy of men.
 That life is sacred;
 That all men deserve a second chance;
 That and individual can change; and
 That the society has the moral obligation to lift its fallen members.

The advantages of probation are the following:

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a. Probation prevents crime by offering freedom and giving aid to those who are not likely
to commit crimes again;
b. It protects the society by placing under close supervision non-dangerous offenders
while undergoing treatment and rehabilitation in the community;
c. It conforms to the modern humane trends in Penology;
d. It prevents youthful or first time offenders from turning into hardened criminals;
e. It is a measure of cutting enormous expenses in maintaining jails and prisons;
f. It reduces over crowding of jails and prisons;
g. It reduces the burden of police forces and institution in feeding and guarding detainees;
h. It makes the offenders productive or taxpayers instead of tax eaters; and
i. It restores to successful probationers his civil rights which was previously lost or
suspended as a result of conviction.

Unit II: Presidential Decree 968 (Adult Probation Law )

“The Law Establishing a Probation System, Appropriating Funds therefore and for other
purposes.”

Presidential Decree 968 was, however, expanded by then Department of Justice Secretary Serafin
R. Cuevas, thru an Implementing Rules and Regulations, in pursuance with his authority as such
according to the provisions of Section 19 (d) and 6 of Presidential Decree (PD) No. 968, the
Probation Law of 1976, embodied in Sections 23 - 25, Chapter 7, Title III, Book IV, Executive Order
No. 292, otherwise known as the Administrative Code of 1987. Said Implementing Rules and
Regulations was known and cited as the "Parole and Probation Administration Omnibus Rules on
Probation Methods and Procedures" or, for brevity, "Probation Rules" or simply "Rules."

These Rules shall be liberally construed so as to successfully, efficiently, and effectively implement,
carry out and effectuate the social justice spirit, intent, and rationale or, summarily, the "spirit and
intent", of the Probation Law, and the pertinent provisions of the Administrative Code of 1987, and
the policy objectives and declared purposes of these Rules, in line with the well-settled social
justice orientation of the 1987 Constitution.

In the event of doubt, or conflict, the spirit and intent of the Probation Law and these Rules shall
prevail over the letter or literal provisions thereof, considering that they partake of social
legislation and are special laws in nature and character.

Hence, these rules will be the concentration in discussing probation.

Process in the Application and Termination of Probation

A person who applies and is granted with probation shall undergo the following:

a. Application for probation;

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An application for probation shall be filed with the trial court by a sentenced or convicted person
within the period of perfecting an appeal which is within fifteen (15) days from receipt of a copy of
judgment of conviction.

The fifteen – day period is due to the provision of the Probation Rules that the applicant shall file
his application with the Trial Court at any time after conviction and sentence but within the period
for perfecting his appeal as provided by the Rules of Court. (Sec 7 of Probation Rules)

Take Note: The right to file an appeal and the right to apply for probation are exercised in the
alternative. If a convict appeals, he can no longer apply for probation. If he applies for probation, he
can no longer appeal.
It must be stressed further that if the person sentenced is a child, the court may place the child on
probation at anytime in lieu of service of his/her sentence taking into account his best interest. (Sec
42 of RA 9344) In other words, if a sentenced person is a child, he may apply for probation anytime.

What if a convict neither appealed nor applied for probation?

If a convict did not appeal and did not also apply for probation, he is going to serve the sentence
imposed by the court. After the lapse of the 15 – day period to appeal, judgment of conviction
becomes final.

Are all convicts qualified to apply for probation?

No, not all convicts may apply for probation. There are some persons who are disqualified to apply
for probation and they are as follows:
a. Those sentenced to serve a maximum term of imprisonment of more than six years;
b. Those convicted of any offense against the security of the State;
c. Those who have been previously convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;
d. Those who have been once on probation under the provisions of PD 968; and
e. Those who are already serving sentence at the time the PD 968 was enacted.

What are examples of crimes against national security or public order as stated above?

Some examples of crimes against national security or public order as stated above are the following:
 Rebellion or insurrection; (Art 134 of the RPC)
 Coup d’état; (Art 134 – A of the RPC)
 Disloyalty of public officers or employees; (Art 137 of the RPC)
 Sedition; (Art 139 of the RPC)
 Violation of parliamentary immunity; (Art 145 of the RPC)
 Illegal assembly; and (Art 146 of the RPC)
 Direct assault. (Art 148 of the RPC)

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Aside from the convicts disqualified to apply for probation, what are the other criteria that must be
taken into consideration in either granting or denying probation?

In determining whether an offender may be placed on probation, the court shall consider all
information relative, to the character, antecedents, environment, mental and physical condition of
the offender, and available institutional and community resources. Probation shall be denied if the
court finds that:
 The offender is in need of correctional treatment that can be provided most effectively by
his commitment to an institution; or
 There is undue risk that during the period of probation the offender will commit another crime;
or
 Probation will depreciate the seriousness of the offense committed. (Sec 8 of Probation Rules)
Notice to the Prosecuting Officers of the Filing of the Application and comment of the
Prosecuting officer;

The Trial Court may notify the concerned Prosecuting Officer of the filing of the application at a
reasonable time it deems necessary, before the scheduled hearing thereof. (Sec 9 of Probation Rules)
The Prosecuting Officer may submit his comment(s), if any, on the application within a reasonable
time given to him by the Trial Court from his receipt of the notice to comment. (Sec 10 of Probation Rules)

Order of the court to conduct Post Sentence Investigation (PSI);

If the Trial Court finds that the application is in due form and the applicant appears to be qualified
for the grant of probation, it shall order the City or Provincial Parole and Probation Office within
its jurisdiction to conduct a Post-Sentence Investigation (PSI) to determine that the ends of justice
and the best interest of the public as well as the defendant will be served in granting or denying
probation. (Sec 11 of Probation Rules)
After receipt from the Trial Court, the City or Provincial Parole and Probation Office concerned,
through the CPPO shall assign the same to the office clerk for docketing and eventual assignment
to a subordinate investigating Probation Officer for the conduct of the PSI or conduct such
investigation himself. (Sec 14 of Probation Rules)
Within five (5) working days from receipt of said delegated assignment (or self-assignment), the
investigating Probation Officer on case (or Chief Probation and Parole Officer) shall initially
interview the applicant if he appeared in the Probation Office upon response to the seventy-two
(72) hours limitation given to him by the Trial Court. If not, the Probation Officer on case may
write the applicant in his court given address, or personally visit applicant's place to schedule an
initial interview at the Probation Office.
During such initial interview, the Probation Officer on case or CPPO shall require the applicant to
accomplish and sign a Post-Sentence Investigation Work Sheet. The investigating Probation Officer
on case or CPPO shall conduct further investigation based on the information contained therein.
The applicant shall also execute and sign a Waiver – Cum – Authorization.

What is the use of a Waiver – Cum – Authorization?

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A Waiver – Cum – Authorization is a waiver authorizing the PPA and/or the Probation Office to
secure any and all information on the applicant. (Sec 15 of Probation Rules)
After accomplishing the Post-Sentence Investigation Work Sheet and the Waiver-Cum-
Authorization, the same shall be immediately submitted to the Probation Office. The investigating
Probation Officer on case or CPPO shall conduct a thorough investigation on the antecedents,
mental and physical condition, character, socio-economic status, and criminal records, if any, of
the applicant and the institutional and community resources available for his rehabilitation.
In case applicant has a criminal record(s), such should be verified with the proper government
agency(ies) as to its disposition/resolution which has/have to be properly reflected in the PSIR.

Submission of Post Sentence Investigation Report (PSIR); The probation officer shall submit
to the court his Post Sentence Investigation Report (IR) for not later than 60 days from the receipt
of the order of said court to conduct investigation. (Sec 11 of Probation Rules)
The investigation report to be submitted by the probation officer shall be in the form prescribed by
the Probation Administrator and approved by the Secretary of Justice. (Sec 6 of PD 968)

Resolution of the court;

The court shall resolve the petition for probation not later than fifteen (15) days after receipt of said
report.
Pending submission of the Investigation Report (IR) and the resolution of the petition, the
defendant may be allowed on temporary liberty under his bail filed in the criminal case. However,
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 recognize under the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.

Effectivity of Probation Order;

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

Appearance to Probation Officer;

If probation is granted the Trial Court may direct the applicant to report to the proper Probation
Office within seventy-two (72) hours from his receipt of such order.
It is a mandatory condition of probation for the probationer to present himself to the probation
officer designated to undertake his supervision at such place as may be specified in the Probation
Order within the said seventy-two (72) hours from receipt of said order. (Sec. 10 of PD 968 & Sec 12 of
Probation Rules)

Control and Supervision of Probationer; and

What are the primary purposes of probation supervision?

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a. To ensure the probationer's compliance with the probation conditions specified in the Probation
Order and the prescribed probation treatment and supervision program/plan;
b. To manage the process of the probationer's rehabilitation and re-integration into the
community; and
c. To provide guidance for the probationer's transformation and development into a useful citizen
for his eventual reintegration to the mainstream of society. (Sec 38 of Probation Rules)

The probationer and his probation program shall be under the control of the court who placed him
on probation subject to actual supervision and visitation by a probation officer.

What are the two main functions of a Probation Officer?

The two main functions of a Probation Officer are the following:

a. To conduct Post-Sentence Investigation (PSI) to determine that the ends of justice and
the best interest of the public as well as the defendant will be served in granting or
denying probation.
b. To supervise the convict if he is granted probation. (Classroom discussion of Marcos, 1999)

Termination of Probation.

After the period of probation and upon consideration of the report and recommendation of the
probation officer, the court may order the final discharge of the probationer upon finding that he
has fulfilled the terms and conditions of his probation and thereupon the case is deemed
terminated.
Take Note: The final discharge of the probationer shall operate to restore to him all civil rights lost
or suspended as a result of his conviction and to fully discharge his liability for any fine imposed as
to the offense for which probation was granted. The probationer and the probation officer shall
each be furnished with a copy of such order. (Other source: Secs 3 – 16 of PD 968)

Conditions imposed by the court in Probation program.

The conditions of probation are divided into two (2) and they are the following:

a. Mandatory conditions; and

A Probation Order issued by the court shall contain conditions requiring that the probationer
shall:
 Present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the Probation Order within seventy-two (72) hours from
receipt of said order; and
 Report to the probation officer at least once a month at such time and place as specified by
said officer.

b. Discretionary conditions.
The court may also require the probationer to:

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 Cooperate with a program of supervision;

 Meet his family responsibilities;
 Devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer;
 Undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose;
 Pursue a prescribed secular study or vocational training;
 Attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
 Refrain from visiting houses of ill-repute;
 Abstain from drinking intoxicating beverages to excess;
 Permit to probation officer or an authorized social worker to visit his home and
place or work;
 Reside at premises approved by it and not to change his residence without its prior
written approval; or
 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.

Other matters that must be considered in probation.

a. Probation is a matter of privilege, not right;

Probation is a matter of privilege because only selected persons may avail of it. If probation is
denied by the court after considering all information relative to his characteristics, antecedents,
environment, mental and physical condition, he cannot appeal the resolution of the court. Said
resolution cannot be appealed because it is only an interlocutory order. (Classroom discussion of
Marcos, 1999)

d. Effectivity of Probation:
A probation order shall take effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed on probation. (Sec. 11 of Probation Rules)

e. Period of probation:
The following rules shall be considered in determining the period of probation:
 The period of probation of a defendant sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in all other cases, said period shall not exceed
six years.
 When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be
more than twice the total number of days of subsidiary imprisonment as computed at the
rate established, in Article 39 of the Revised Penal Code. (Sec 14 of PD 968)

Overview on Probation Administration

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The Parole and Probation Administration (PPA) is an agency of the Philippine government under
the Department of Justice responsible for providing a less costly alternative to imprisonment of
first-time offenders who are likely to respond to individualized community-based treatment
programs.

What is the main purpose of Probation Administration?

The Probation Administration herein shall exercise general supervision over all probationers.
It shall have such staff, operating units and personnel as may be necessary for the proper execution of its
functions. (Sec 18 of Probation Rules)
Under Executive Order No. 292, “The Administrative Code of 1987” which was promulgated
on November 23, 1989, the Probation Administration was renamed “Parole and Probation
Administration” and given the added function of supervising prisoners who, after serving part of
their sentence in jails are released on parole pardon with parole conditions.

Unit III: Parole and Probation Administration Omnibus Rules on

Probation Methods and Procedures
General Provisions

Section 1. Title. - These Rules shall be known and cited as the "Parole and Probation
Administration Omnibus Rules on Probation Methods and Procedures" or, for brevity, "Probation
Rules" or simply "Rules".

Section 2. Policy Objectives and Declared Purposes. - These Rules are adopted to carry out the
purposes of PD 968, as follows:

a. To promote the correction and rehabilitation of an offender by providing him with

individualized community based treatment;
b. To provide an opportunity for his reformation and re-integration into the community; and
c. To prevent the commission of offenses.

Section 3. Liberal Construction - These Rules shall be liberally construed so as to successfully,

efficiently, and effectively implement, carry out and effectuate the social justice spirit, intent, and
rationale or, summarily, the "spirit and intent", of the Probation Law, and the pertinent provisions
of the Administrative Code of 1987, and the policy objectives and declared purposes of these
Rules, in line with the well-settled social justice orientation of the 1987 Constitution.

In the event of doubt, or conflict, the spirit and intent of the Probation Law and these Rules shall
prevail over the letter or literal provisions thereof, considering that they partake of social
legislation and are special laws in nature and character.

Application for Probation

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Section 6. Filing. - Application for probation shall be filed with the Trial Court which has
jurisdiction over the case.

Section 7. Time for Filing. - The applicant shall file his application with the Trial Court at any
time after conviction and sentence but within the period for perfecting his appeal as provided by
the Rules of Court.

Section 8. Form. - The application for probation shall be in the form approved by the Secretary of
Justice as recommended by the Administrator or as may be prescribed by the Supreme Court.
Official application form or Xerox copy of the same may be obtained or secured from any City or
Provincial Parole and Probation Office for free.

Section 9. Notice to the Prosecuting Officers of the Filing of the Application. – The Trial
Court may notify the concerned Prosecuting Officer of the filing of the application at a reasonable
time it deems necessary, before the scheduled hearing thereof.

Post-Sentence Investigation

Post – sentence investigation is that done by the probation officer for the court to determine that
the ends of justice and the best interest of the public as well as that of the defendant will be served
thereby in granting or denying probation. (Sec. 5 of PD 968

Section 14. Assignment. - After receipt from the Trial Court, the City or Provincial Parole and
Probation Office concerned, through the CPPO shall assign the same to the office clerk for docketing
and eventual assignment to a subordinate investigating Probation Officer for the conduct of the PSI or
conduct such investigation himself.

Section 15. Initial Interview Work Sheet: Waiver.-

a. Within five (5) working days from receipt of said delegated assignment (or self-
assignment), the investigating Probation Officer on case (or Chief Probation and Parole
Officer) shall initially interview the applicant if he appeared in the Probation Office upon
response to the seventy-two (72) hours limitation given to him by the Trial Court. If not,
the Probation Officer on case may write the applicant in his court given address, or
personally visit applicant's place to schedule an initial interview at the Probation Office.
During such initial interview, the Probation Officer on case or CPPO shall require
the applicant to accomplish and sign a Post-Sentence Investigation Work Sheet (PPA Form
1). The investigating Probation Officer on case or CPPO shall conduct further investigation
based on the information contained therein.

b. A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA and/or the Probation
Office to secure any and all information on the applicant, shall be duly executed and signed
by him.

Section 16. Scope and Extent. - After accomplishing the Post-Sentence Investigation Work Sheet
and the Waiver-Cum-Authorization, the same shall be immediately submitted to the Probation
Office. The investigating Probation Officer on case or CPPO shall conduct a thorough investigation

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on the antecedents, mental and physical condition, character, socio-economic status, and criminal
records, if any, of the applicant and the institutional and community resources available for his
rehabilitation.

In case applicant has a criminal record(s), such should be verified with the proper
government agency(ies) as to its disposition/resolution which has/have to be properly reflected in
the PSIR.

For the sake of obtaining additional information or clarify conflicting data, the
investigating Probation Officers on case may conduct further investigation and interview to avoid
discrepancies of facts/information.

Section. 21. Absconding Applicant. – If the applicant whose application for probation has been
given due course by the proper court has failed to present himself/herself to the proper Office
within seventy-two (72) hours from his/her receipt of the Probation Order or within reasonable
time therefrom, said Office shall first exert best diligent efforts to inquire on, search, find and
locate his/her whereabouts before it shall report such fact with appropriate recommendation to the
proper court, considering the surrounding circumstances of place, date and time, his/her health
condition and other related factors.

POST- SENTENCE INVESTIGATION REPORT

Post – sentence investigation report is that to be submitted by the probation officer to the judge
after conducting post sentence investigation and it is containing his recommendation whether
probation may be granted or not. It shall be in the form prescribed by the Probation Administrator
and approved by the Secretary of Justice. (Sec. 5 of PD 968)

Section 22. Submission. - After the completion of the PSIR (PPA Form 3), the Probation Office
shall submit such PSIR to the Trial Court within the period prescribed in Section 7 of the Probation
Law of 1976, as amended, or within the period ordered by the Trial Court.

Section 23. Purpose. - The PSIR aims to enable the Trial Court to determine whether or not the
ends of justice and the best interest of the public primarily, as well as that of the applicant, would
be served by the grant or denial of the application.

Section 24. Contents. –

a. The PSIR shall contain, among others, the following:

 Circumstances surrounding the crime or offense for which the applicant was convicted
and sentenced, taken from the applicant himself, offended party and others, who might
have knowledge of the commission of the crime or offense, and pertinent information
taken from the police and other law enforcement agencies, if any, and Trial Court
records;
 Details of other criminal records, if any;
 Personal circumstances, educational, economic and socio-civic data and information
about the applicant;

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 Characteristics of applicant, employable skills, employment history, collateral

information;
 Evaluation and analysis of the applicant's suitability and legal capacity for probation
and his potential for rehabilitation, reform, development, transformation and re-
integration into the community;
 Recommendation to: (a) grant the application, including probation period, probation
conditions and probation treatment and supervision plan/program; or (a) deny the
application;
 Data and information on the applicant's financial condition and capacity to pay, his
civil liability, if any;
 Results of findings of drug, psychological and clinical tests conducted, if any;
 Results of criminal records, if any, whether decided or still pending furnished by various
law enforcement agencies tapped by the Probation Office for such purpose;
 Result(s) of courtesy investigation, whether GCI/FBCI or PGCI (See Sec. 27 of these
Rules), if any, conducted in the birth place or place of origin of applicant especially if he
plans to reside thereat while on probation, if ever his application will be granted; and
 Other analogous and related matters.
b. To obtain additional data or clarify discrepancies between the information received from
the applicant and those secured from other sources, the investigating Probation Officer
and/or Chief Parole and Probation Officer may conduct such subsequent or further
interviews on the applicant and/or other persons as may be deemed proper and necessary.

FULL BLOWN COURTESY INVESTIGATION AND TRANSFER OF CONDUCT OF REFERRAL

INVESTIGATION

Section 27. Its Nature and Coverage. - Full Blown Courtesy Investigation (FBCI) is a General
Courtesy Investigation (GCI) from another City or Provincial Parole and Probation Office which
requests for a complete PSIR on a petition for probation pending referral investigation in the
Probation Office of origin.

It shall take place when upon initial investigation it is gathered that,

a. Applicant for probation is a transient offender in the place of commission of the crime
and/or a permanent resident of another place;
b. He spent his pre-adolescent and/or adolescent life in the province or city of origin;
c. He attended and/or finished his education thereat; and
d. His immediate family members, collateral informants or disinterested persons and officials
who can best authenticate the inter-family relationship, upbringing, behavior of the
applicant for probation in the community are residents of the place of his origin.

Section 28. Transfer of Referral Investigation. - When proper under the immediately preceding
section and warranted under the circumstances, a FBCI, may be brought to the attention of the
Trial Court to transfer the conduct of the referral investigation to the Probation Office of the
province or city of origin of applicant for probation.

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Section 29. Transfer to the Executive Judge. - In case of the suitability for probation of the
applicant for probation, it shall be recommended in the PSIR by the Probation Office, that
simultaneous with the grant of probation, the control over the applicant and his probation
rehabilitation program be transferred to the Honorable Executive Judge of the RTC of the Province
or City of origin subject to the actual visitation and supervision of the Probation Officer of said
province or city.

Section 30. General Courtesy Investigation. - All other General Courtesy Investigation (GCI)
mentioned in the three (3) preceding sections not falling within the purview of a FBCI to be
conducted by another Probation Office shall be known as Partial Courtesy Investigation (PCI)
which should no longer be brought to the attention of the Trial Court for the transfer of the
conduct of the referral investigation as mentioned in Sec. 27 of these Rules.

To facilitate immediate and thorough investigation of cases, and to save time, effort and money on
the part of the investigating SPPOs, Sr. PPOs, PPOs II, PPOs I, the GCI which is usually undertaken
outside the area of a Probation Office's jurisdiction (i.e from Manila to Valenzuela, from Manila to
Quezon City, from Manila to Marikina, etc. and vice-versa) shall henceforth, be resorted to,
considering the monstrous traffic nowadays.

PROBATION ORDER

Probation Order is an order of the trial court granting probation.

Section 31. Period to Resolve the Application for Probation. - The application for probation
shall be resolved by the Trial Court not later than fifteen (15) days from the date of its receipt of the
PSIR.

Section 32. Nature of Probation: Effect of the Grant of Probation.–

a. Probation is but a mere privilege and as such, its grant or denial rests solely upon the sound
of discretion of the Trial Court. After its grant it becomes a statutory right and it shall only be
canceled or revoked for cause and after due notice and hearing;
b. The grant of probation has the effect of suspending the execution of sentence. The Trial
Court shall order the release of the probationer's cash or property bond upon which he was
allowed temporary liberty as well as release the custodian on ROR from his undertaking.

Section 33. Effectivity of Probation Order. – A probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the consequence thereat and explain
that upon his failure to comply with any of the conditions prescribed in the said order or his
commission of another offense under which he was placed on probation.

SUPERVISION OF PROBATIONERS

Section 38. Purpose. - The primary purposes of probation supervision are:

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a. To ensure the probationer's compliance with the probation conditions specified in the
Probation Order and the prescribed probation treatment and supervision program/plan;
b. To manage the process of the probationer's rehabilitation and re-integration into the
community; and
c. To provide guidance for the probationer's transformation and development into a useful
citizen for his eventual reintegration to the mainstream of society.

Section 39. Commencement of Supervision Service. - For purposes of these Rules, supervision
service shall commence on the day of initial interview or reporting of a probationer.

Section 40. Initial Report.-

a. Upon the probationer's appearance for his initial supervision, the Supervising Probation
Officer on case, or CPPO himself shall:
 Give instructions to the client using PPA Form 4 in order to reinforce probationer’s
awareness of the probation conditions specified in the Probation Order in a
language or dialect understood by him;
 Formulate with the client, the supervision treatment plan; and
 Carry out other elated activities
b. Upon receipt of a copy of PPA Form No. 4, and a copy of the Probation Order on a
particular probationer the Probation Office through the CPPO shall immediately assign the
probation supervision case to his subordinate Probation Officer.
In the event that the probationer does not report for initial supervision within the
prescribed period after the Probation Order has been released by the Trial Court, or his
whereabouts are unknown, the Probation Officer shall exert his best efforts to find said
probationer and conduct such field inquiry as is necessary within a reasonable period of
time, before considering the fact that the subject has absconded amounting to a violation
of a probation condition, requiring the preparation and submission of a Violation Report
(PPA Form 8) to the Trial Court.

Section 41. Outside Travel. –

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

operational/territorial jurisdiction for a period of more than ten (10) days but not exceeding
thirty (30) days.
b. A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial
jurisdiction of the Probation Office shall file at least five (5) days before the intended travel
schedule a Request for Outside Travel (PPA Form 7) with said Office properly recommended
by the Supervising Probation Officer on case and approved by the CPPO.
c. If the requested outside travel is for more than thirty (30) days, said request shall be
recommended by the CPPO and submitted to the Trial Court for approval.
d. Outside travel for a cumulative duration of more than thirty (30) days within a period of six
(6) months shall be considered as a courtesy supervision.

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Section 42. Change of Residence: Transfer of Supervision.–

a. A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or
Provincial Parole and Probation Office, citing the reason(s) therefore this request shall be
submitted by the Supervising Probation Office for the approval of the Trial Court.
b. In the event of such approval, the supervision and control over the probationer shall be
transferred to the concerned Executive Judge of the RTC, having jurisdiction and control over
said probationer, and under the supervision of the City or Provincial Parole and Probation
Office in the place to which he transferred.

Section 43. Absconding Probationer. –

a. A probationer who has not reported for initial supervision within the prescribed period
and/or whose whereabouts could not be found, located or determined despite best diligent
efforts within reasonable period of time shall be declared by the proper Office as an
absconding probationer.
b. Thereafter said Office shall file with the proper court a Violation Report (PPA Form
8),containing its findings and recommendation, duly prepared and signed by the Supervising
Parole and Probation Officer and duly noted by the Chief Parole and Probation Officer.

VIOLATION OF PROBATION CONDITION

Section 46. Concept. - A probationer's specific act and/or omission(s) constitutive of a violation
of probation condition(s) set forth in the original, modified or revised Probation Order shall be
reported to the Trial Court, taking into account the totality of the facts and surrounding
circumstances and all possible areas of consideration.

Section 47. Fact-Finding Investigation. - Based on reasonable cause reported by a reliable

informant or on his own findings, the SPPO, SrPPO, PPOII, PPOI concerned or the CPPO himself
shall conduct or require the Supervising Probation Officer on case to immediately conduct a fact-
finding investigation on any alleged or reported violation of probation condition(s) to determine
the veracity and truthfulness of the allegation.

Section 48. Report: Violation of Condition. -

a. After the completion of the fact-finding investigation, the Supervising Probation Officer on
case shall prepare a violation report thereon containing his findings and recommendations
and submit the same to the CPPO for review and approval.
b. In some cases, a probationer who has not reported for initial supervision within the seventy-
two (72) hours from his receipt of the Probation Order or within the prescribed period
ordered by the Trial Court or whose whereabouts could not be ascertained notwithstanding
best efforts exerted within a reasonable period of time by the City and Provincial Parole and
Probation Office shall be immediately reported to the Trial court for appropriate action.
c. Thereafter, said Parole and Probation Office shall file with the trial court a Violation Report
(PPA Form8), containing its findings and recommendation, duly prepared and signed by the
SPPO, SrPPO, PPOII, PPOI concerned and duly noted by the CPPO for the court's resolution.

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EARLY TERMINATION

Section 55. Coverage. - The following probationers may be recommended for the early
termination of their probation period:

a. Those who are suffering from serious physical and/or mental disability such as deaf – mute,
the lepers, the crippled, the blind, the senile, the bed-ridden, and the like;
b. Those who do not need further supervision as evidenced by the following:
 Consistent and religious compliance with all the conditions imposed in the order
granting probation;
 Positive response to the programs of supervision designed for their rehabilitation;
 Significant improvements in their social and economic life;
 Absence of any derogatory record while under probation;
 Marked improvement in their outlook in life by becoming socially aware and
responsible members of the family and community; and
 Significant growth in self-esteem, self-discipline and self-fulfillment;
Provided, that, the probationers involved have already served one-third (1/3) of the
imposed period of probation; and provided further, that, in no case shall the actual
supervision period be less than six (6) months.

c. Those who have to travel abroad due to any of the following:

1. An approved overseas job contract or any other similar documents; or
2. An approved application for scholarship, observation tour or study grant for a period
not less than six (6) months; or
3. An approved application for immigration.
4. An approved application to take the Bar and Board Examinations.
d. To render public service:
 Having been elected to any public office; or
 Having been appointed to any public office.
Provided, however, that the probationers involved have fully paid their civil liabilities, if
any. And, that the probationers were not convicted for offenses involving moral turpitude.

e. Other probationers who have fully cooperated with/participated in the programs of

supervision designed for their rehabilitation and who are situated under
conditions/circumstances similar in nature to those above-described at the discretion of
the proper authorities.

PROBATION AIDES

Section 57. Qualifications: Functions.–

a. The Probation Aides must be citizens of good repute and probity, at least 18 years of age on
the date of appointment, at least high school graduates and preferably residence of the
same locality or community covering the place of residence of the probationer and/or the
CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI.
Section 58. Appointment: Term of Office. –

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a. Probation Aides shall be appointed by the Probation Administrator or through authority

delegated to the Regional Directors within their respective areas of responsibility upon the
recommendation of the CPPOs. Probation Aides so appointed may hold office during good
behavior for a period of two (2) years, renewable at the end of each period; provided, that,
the appointing authority may at any time terminate the services of Probation Aides for
unsatisfactory performance for at least two (2) consecutive semesters as determined by the
proper Offices and/or for other lawful and valid cause(s).

TERMINATION OF THE PROBATION SUPERVISION CASE

Section 60. Grounds. - The probation supervision period may be terminated on any of the
following grounds:

a. Successful completion of probation;

b. Probation revocation for cause under Section 49 (a-c) of these Rules;
c. Death of the probationer;
d. Early termination of probation; or
e. Other analogous cause(s) or reason(s) on a case-to-case basis as recommended by the
probation Office and approved by the trial court.
Section 63. Legal Effects of Final Discharge: Termination Order. –

a. The final discharge of a probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to fully discharge his liability for any fine
imposed as to the crime or offense for which probation was granted without prejudice to his
civil liability. It is hereby understood that, the probationer's political rights are not lost or
suspended even during the probation period.
b. The probationer and the probation office shall be promptly furnished with copies of such
final discharge or Termination Order.

Unit III: Overview on Parole

The Historical Background of Parole

It is the suspension of sentence of a convict after serving the minimum of the sentence imposed
without granting a pardon, prescribing the terms upon which the sentence shall be suspended.

PAROLE is a procedure by which prisoners are selected for release on the basis of individual
response and progress within the correctional institution and a service by which they are provided
with necessary controls and guidance as they serve the reminder of their sentences within the free
community.

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

ORIGIN AND DEVELOPMENT OF PAROLE

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Parole as a penal practice is a part of the reformatory idea, which originated in the dim historical
part of Europe. Among the practices in the 17th and 18th centuries was the conditional pardon
granted to adventure servants transported to American colonies wherein a violation of terms of
conditions resulted in the withdrawal of conditional pardon. Also in Europe, two person’s
administrators in the early 19th century contributed to the development of parole and they are
Menthesimos, of Spain and Abermanior, a German. But it was Captain Alexander Macanochie, a
penal superintendent at Norfolk Island colony, Australia, who in 1840 originated the use of ticket of
leave, or conditional release equivalent to parole.

PAROLE IN AMERICA

Parole did not originate in the United States, but it was there when it was developed faster. It is said
that the first to use the word “PAROLE” was Dr. S.G Hawe of Boston who used word in a letter to
the prison association of New York in 1846. But it was in 1869, after some American Prison
reformers who observed the Irish Prison system instituted by Sir Walter Crofton that led to the
approval of the law creating the Elmira Reformatory in New York, which was inaugurated in 1876,
and this famous institution can be said to be the beginning of Parole in the United States. With
Zebulon Brockway, as the superintendent of the Elmira Reformatory, using the indeterminate
sentence in compulsory developed parole soon spread to other States of the United States. By 1910,
the federal government and thirty-two States had adopted the parole system. Totally, parole is
being used in some form or another country including Philippines.

PAROLE IN THE PHILIPPINES

Is governed by the INDETERMINATE SENTENCE LAW, also known as Act No. 4103. Dated
December 5, 1933, and this law was subsequently amended by Act. No. 4225, and later in June 19,
1965 by Republic Act. No. 4203.

NOTE: ADMINISTRATIVE CODE OF 1987 provides. That the provisions of Act No. 4103 as
amended shall continue to apply except as otherwise amended modified or repealed by
Administrative Code. (Title III, Chapter 6, Section 22).

INDETERMINATE SENTENCE (IS)

Purpose:

To uplift and redeem valuable human material and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness.

CASES IN, WHICH THE ISL SHALL NOT APPLY

A. Offenses punished by death or life imprisonment.

B. Those convicted of treason (Art.114), Conspiracy or proposal to commit treason (Art.115).

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C. Those convicted of misprision of treason (Art. 160), rebellion (Art. 134), sedition (Art. 139)
or espionage (Art. 117.
D. Those convicted of piracy (Art. 122).
E. Habitual delinquents (Art. 62, par. 5).

NOTE: Recidivist are entitled to an IS (People vs. Jaranilla, L-28547, Feb.22, 1974)

Offender is not disqualified are entitled to avail to the benefits of the law even if the crime is
committed while he is on parole, (People vs. Clareon, CA 78 O.G,7, Nov. 29, 1982).

F. Those who escape from confinement or those who evaded sentence (Art. 157).
G. Those granted conditional pardon and violated the terms the same. (Art.159).
H. Those whose maximum period of imprisonment does not exceed one year.
I. Those who already serving final judgment upon the approval or ISL.

NOTE: A minor who escape from confinement in the reformatory is entitled to the benefits of ISL
because his confinement is not considered as imprisonment. (PP vs. Perez, CA 44 O.G 3884) so also
if the accused escaped from the National mental Hospital since his confinement as patient is not
imprisonment. ( PP vs. Co. CA G.R No. 163, June 13, 1938).

The law does not apply if the penalty is DESTIERRO because that does not involve imprisonment.

DISTINCTION BETWEEN INDETERMINATE AND DETERMINATE SENTENCE

An indeterminate sentence is distinguished from a determinate sentence when the sentence

provides for a minimum period and a maximum period, which characterizes an indeterminate
sentence, while characterizes an indeterminate sentence, while a determinate sentence has only
one period in the sentence of the court. Usually, the gap in the periods in the sentence of the court
is wide enough to permit the Board of Pardons and Parole to study and act the parole petition of
any prisoner who is qualified for parole.

PAROLE ADMINISTRATION IN THE PHILIPPINES

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

Board of Pardon and Parole

 created by virtue of Act No. 4103 (1933) known as the Indeterminate Sentence Law

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 is an agency under the Department of Justice (DOJ) tasked to uplift and redeem
valuable human resources to economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty by way of parole or through executive
clemency.

ADVANTAGES OF PAROLE

1. Parole provides a transitional period between the regimentation of institution life and the
freedom of normal life in the community.

2. Parole permits an administrative agency to decide when an offender should release.

3. Parole reduces the periods of institutionalization.

4. Parole makes it possible to release an offender at the time when he is mentally and emotionally
ready to turn to the community.

5. The parole officer can overt an influence for the prevention of delinquency and crime.

6. Parolees have the opportunity to support themselves and their dependant, thus receiving the
state of this responsibility, 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.

PAROLE ADMINISTRATION

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

ESSENTIAL ELEMENTS OF PAROLE

- That the offender is convicted;

- The he serves part of his sentence in prison;
- That he is release before the full expiration of his sentence;
- That said release is conditional, defending on his good behavior and;
- That he remain on parole until expiration of his maximum sentence.

DISQUALIFIED FOR PAROLE

1. Those convicted of an offense punished with Reclusion Perpetua;

2. Those convicted of treason, conspiracy of proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those who are habitual delinquents is those who are within a period of ten years from the
date of release from prison or last conviction of the crimes of serious or less serious physical

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injuries robbery, theft, estafa and falsification, are found guilty of said crimes a third time
or oftener;
5. Those who escape from confinement or evaded sentence;
6. Those who are granted conditional pardon and violated any terms thereof;
7. Those whose maximum term of imprisonment does not exceed one year or are with a
definite sentence;
8. Those suffering from any mental disorder as certified by psychiatric report of the Bureau of
Corrections or the National Center for Mental Health;
9. Those whose conviction is on appeal;
10. Those who have a pending criminal case for an offense committed while serving sentence.

Unit IV: Forms of Executive Clemency

Executive Clemency refers the Commutation of Sentence, Absolute Pardon, and Conditional
Pardon, with or without the parole conditions, as may be granted by the President of the
Philippines upon the recommendation of the Board of Pardon and Parole.

WHO ARE NOT ELIGIBLE FOR EXECUTIVE CLEMENCY

Prisoner is not considered for commutation of sentence or conditional pardon if;

1. The petitioner is eligible for parole;

2. The prisoner had been sentenced to another prison term within (1) year from the date of his
last recommitment to the jail or prison from where he escaped;
3. The prisoner had violated any conditions of his discharge on Parole or Conditional Pardon;
4. The prisoner is suffering from a mental illness or disorder as certified by a government
psychiatrist.

WHERE TO FILE FORMAL PETITIONS FOR EXECUTIVE CLEMENCY A formal petition for
Executive Clemency must address to “The President of the Philippines” through the Chairman of
Board of Pardon and Parole. In other words, it was the duty of Board of Pardons and Parole to file
an executive clemency to the office of the President.

WHO IS ELIGIBLE FOR EXECUTIVE CLEMENCY

A petitioner is eligible for the grant of Executive Clemency if he meets following conditions:

FOR COMMUTATION OF SENTENCE

1. The petitioner must have served at least one-third (1/3) of the minimum indeterminate
sentence of the following portion of his prison sentence consisting of Reclusion Perpetua;
2. At least ten (10) years if convicted of robbery with Homicide, Robbery with rape or Kidnapping
with Murder;
3. At least eight (8) years if convicted of simple murder, parricide, rape or violation of anti-drug
laws;
4. At least twelve (12) years if given two (2) or more sentence for Reclusion Perpetua;

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5. At least twenty (20) years in case of (1) death sentence which was automatically commuted to
Reclusion Perpetua;
6. At least twenty-five (25) years in case of two (2) sentences of Reclusion Perpetua.

FOR CONDITIONAL PARDON

1. The petitioner must have served at least one-half (1/2) of the minimum of his
indeterminate sentence of the following portions of his prison sentence;
2. At least two (2) years of the minimum sentence if convicted of murder or parricide but
sentence of Reclusion Perpetua;
3. At least one (1) year of the minimum sentence if convicted of homicide;
4. At least nine (9) months if convicted of frustrated homicide;
5. At least (6) months if convicted of attempted homicide.

PARDON
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 or Pardon dates back to the pre-
Christian era. In fact the bible contains an allusion where a criminal was released and pardoned by
King at the Christian was crucified.

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

In the Philippines, the pardoning power is vested in the President by Article VII, Section 10,
Paragraph (b) of the Philippine Constitution which states “The President shall have power to grant
reprieves commutation and pardon and remit fine forfeitures after convictions for all offenses,
except cases of impeachment upon such conditions with such restriction and limitation as may
deem proper to impose. He shall have the power to grant amnesty with the concurrence of the
Congress.”

What is Pardon? What are its kinds?

Pardon is an executive clemency granted by the President/Chief Executive. It may
also be defined as an act of grace proceeding from the power entrusted with the President
which exempts the individual on whom it is bestowed, from punishment the law inflicts for a
crime he has committed.

The kinds of Pardon are the following

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a. Absolute Pardon;

An absolute pardon is given without any condition attached. It does not operate to restore the right
to hold public office or the right of suffrage, unless such rights are expressly restored by the terms
of pardon. It becomes effective once if it is granted and there is no need for the offender to accept
it.
Refers to the total extinction of criminal liability of the individual to whom, it is granted without
any condition whatsoever and restores to the individual to his civil rights and the penalty imposed
for the particular offense of which he was convicted.

a. Conditional Pardon

A conditional pardon is given with condition/s attached. It must be accepted by the offender to
become effective. (Black, 1990)

Refers to the exemption of an individual, within certain limits or conditions, from the punishment,
which the law inflicts for the offense he has committed resulting in the partial extinction of his
criminal liability.

What are the effects of pardon?

The effects of pardon are the following:

a. It removes penalties and disabilities and restores a person of his full civil and political rights;
b. It does not discharge the civil liability of the convict to the individual he has wronged as the
President has no power to pardon a private wrong.
c. It does not restore offices, property, or rights vested in others in consequence of conviction.

Take Note: A pardon shall not work the restoration of the right to hold public offices or the right of
suffrage, unless such right be expressly restored by the terms of the pardon.

What are the limitations of Pardoning Power of the President?

The limitations of the pardoning power of the President are the following:
a. Pardon cannot be extended in case of impeachment;
b. No pardon, parole, or suspension of sentence for violation of election laws may be granted
without favorable recommendation of Commission on Elections (COMELEC);
c. Pardon is exercised only after conviction by final judgment; and
d. No pardon may be exercised over a civil contempt. (C – Sec 5, Art IX of the Philippine Constitution
& De Leon, 2005)

An example of civil contempt is when a witness refuses to answer a proper question when testifying
as in a case.

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What is Amnesty and what is its difference from pardon?

Amnesty defined:
Amnesty is an act of sovereign power granting oblivion or general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of a political character,
such as treason, sedition, rebellion.

The effect of amnesty:

Amnesty abolishes and puts into “oblivion” the offense of which one is charged, so that the person
released by amnesty is considered as if he did not commit any offense.

Take Note: Oblivion means state of forgetfulness. (Bloomsbury, 2007)

Pardon and Amnesty distinguished:

The distinctions between Pardon and Amnesty are the following:
a. Pardon includes any crime, while amnesty includes political crimes only;
b. Pardon is exercised individually, while amnesty exercised generally;
c. Pardon is given only when the person is convicted, while amnesty may be granted before trial or
investigation;
d. Pardon may be granted by the President himself, while amnesty is granted by the President
with the concurrence of Congress; and
e. Courts take no judicial notice of pardon, while courts take judicial notice of amnesty.

Take Note: Judicial notice is a fact need not be proved. Any person who claims that pardon has
been granted must prove it in court, unlike amnesty. (Sec 1, Rule 129 of the Rules of Court; Moreno,
1998; Nolledo, 2005 & Timpac, 2009)

Remission defined:

Remission of fines or forfeitures is the power of the President to prevent the collection of fines or
the confiscation of forfeited property. The power of the President is limited to fines or forfeitures as
not have been vested in third parties, or paid into the treasury of the government, as funds cannot
be paid out of the treasury without the authority of the Congress.

Reprieve and suspension of sentence defined:

Reprieve and suspension of sentence are the temporary stay or postponement of sentence.

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Especially when the penalty imposed is death, the purpose of reprieve or suspension of
sentence is to save life. By postponing the execution of a convict, the President is given an
opportunity to extend his commutation or pardon or for the Congress to enact laws favorable to
the convict.

Reprieve and suspension of sentence distinguished:

Both reprieve and suspension of sentence refer to temporary stay or postponement of sentence
but suspension of sentence is done for an indefinite time, while reprieve is done to a fixed or
definite date.

Commutation defined:
Commutation is an act of the President reducing the penalty of a convict.
An example of this is if the penalty of death is commuted (reduced) to life imprisonment or
reclusion perpetua. (Nolledo, 2005)

PURPOSES OF COMMUTATION

1. To break the rigidity of the law.

- Some penal laws are rigid and unusually cruel; for instance, a law making qualified
theft, the stealing of young coconuts from the trees, or fish from the fishpond.
Qualified theft imposes an unusually heavy penalty on the culprit, which is greatly
disproportionate to the value of the article stolen. Even if the judge would want to
impose a light penalty, he could not do so because the provisions of the law tie his
hands. The sentence in this scenario may be reduced by commutation of sentence.

2. To extend parole in cases where the parole law does not apply.
- Commutation enables the recipient to be released on parole when his sentence does not
allow him parole, like, for instance, when the sentence is determinate or a life sentence, or
when the prisoner is serving two or more sentences. The sentence may be changed to
indeterminate sentence by commutation of sentence.

3. To save life of person sentenced to death.

- This one of the most common uses of commutation of sentence.

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REFERENCES

BIBLIOGRAPHY
Books
 Guerero B.B. (2018). Community-Based Correction in the Philippines (Non-
Institutional Correction) . Quezon City: Wiseman’s Books Trading, INC.
 Foronda, M.A. (2014). Correctional Administration 1. Quezon City: Wiseman’s Books
Trading, INC.
 Guevarra R.M & Bautista F.S. (2013). Comprehensive Penology: Institutional and
Non-Institutional Corrections. Quezon City: Wiseman’s Books Trading, INC.

Unpublished Sources
 Timpac T.M. & Felix J.R. (n.d.). Handouts and Pop sheets on Non-Institutional
Correction (Presented in Q&A. Tarlac State University: Tarlac City.

Online Sources (https://www.chanrobles.com/index1.htm)

 Presidential Decree No. 968, As Amended ((Establishing a Probation System, Appropriating

Funds Therefore and for other Purposes)

 PPA Omnibus Rules on Probation Methods and Procedures

 Executive Order No. 292 (Book IV/Title III/Chapter 7-Parole and Probation Administration))
 Republic Act No. 4103, As amended (Indeterminate Sentence Law)
 Republic Act No. 10707 – ” An Act Amending Presidential Decree No. 968 otherwise known as
the ‘Probation Law of 1976’ as amended”


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