Review Presentation

NON-INSTITUTIONAL CORRECTION

JO2 Mirriam S Dela Cruz, LPT

 WHAT IS CORRECTION?
Correction is the branch of the administration of CJS
charged with the responsibility for the custody,
supervision and rehabilitation of convicted
offenders.
THE CORRECTIONS AS A COMPONENT OF
CRIMINAL JUSTICE SYSTEM
 BUREAU OF CONNECTIONS(BUCOR), under
the DOJ
 The BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP), under the DILG
 The PROVINCIAL Jails, Under Provincial
Government, under DILG
 The DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD), which takes care of,
youthful Rehabilitation centers for juveniles
 Other agencies under this pillar are the:
(Community Based Correction)
 The Parole and Probation Administration (PPA)
under the Department of Justice (DOJ); and
 The Board of Pardons and Parole also under the
Department of Justice.
 LOCK-UP JAILS under the Philippine
National Police (PNP)
 DECONGESTION OF JAILS

OPLAN DECONGESTION was formalized

through the execution of a memorandum of
agreement on February 12, 1993. Among the
public attorney’s office, the parole and
probation administration, the Board of Pardons
and Parole which are all under the Department of
Justice, and the Bureau of Jail Management and
Penology .
 LAW AND DECREES USUALLY AVAILED TO
DECONGEST JAILS
Presidential Decree No. 603, known as the child and
youth welfare code, suspends sentence of minor
offenders whose ages range from nine (9) years to
under eighteen (18) years

Batas Pambansa Bilang 85- authorizes the release of

a detainee who has undergone preventive
imprisonment equivalent to the maximum imposable
sentence for the offense he is charged with
Article 96 of the Revised Penal Code- provides that
in meritorious cases, the commutation of the
prisoner’s sentence through presidential action
shall be upon the recommendation of the court
which imposed the same

Article 97 of RPC- which provides that a prisoner

shall be entitled to a deduction from his prison
term for good conduct
 DOJ Memorandum Circular no. 6which directs all
wardens or anyone in-charge of local jails to effect the
immediate transfer of national prisoners to the Bureau
of corrections.

 Republic Act No. 9165- Comprehensive Dangerous

Drug Act of 2002 (July 4, 2002) -1st time minor
offender (probation) for use 2 possession only./deport
 RepublicAct No. 9344 – Juvenile & Justice
welfare Act of 2006

 Republic Act No. 6036, known as the release on

recognizance law, provides for the release of
offenders charged with an offense whose penalty
is not more than six (6) months and/or a fine of
Two Thousand pesos (2,000) or both, to the
custody of a responsible person in the community,
instead of a bail bond
 Republic Act No. 6127, fully deducts the period of the
offenders’ preventive detention from the sentence
imposed by the courts;

 Republic Act No. 4103, as amended, creating the Board

of Pardons and Parole tasked to look into the physical,
mental and moral record of prisoners to determine who
shall be eligible for parole or conditional pardon

 Presidential Decree No. 968 July 24, 1976 is the

Philippine Probation Law of 1976
 APPROACHES OF PHILIPPINE
CORRECTIONAL SYSTEM

 TheInstitution-Based Approach-The
rehabilitation of offenders in jail or prison.

 Non-Institutional Correction or Community-

Based Approach- correctional activities that may
take place within the community.
 ADVANTAGES OF COMMUNITY-BASED
CORRECTION

 Family members need not be victims as the

convict can still continue to support his family.
 Rehabilitation will be more effective as the convict
will not be exposed to hardened criminals in
prisons
 Rehabilitation can be monitored by the community
 It is less costly on the part of the government.
 BASIC PRINCIPLES UNDERLYING THE
PHILOSOPHY OF COMMUNITY-BASED
TREATMENT PROGRAMS
 Humanitarian Aspect - Imprisonment is not
always advisable.
 Restorative Aspect - There are measures expected
to be achieved by the offender, such as an
establishment of a position in the community in
which he does not violate the laws.
 Managerial Aspect - It is easier to manage those
undergoing community based treatment programs.
 THE NATURE OF PROBATION IN THE
PHILIPPINES

PROBATION DEFINED
From the Latin word “probatio” which means testing. The
word probation is also said to be originated from the Latin
verb “probare” which means to prove.

It is a disposition under which a defendant, after conviction

and sentence, is released subject to conditions imposed by
the court and to the supervision of a probation officer
 TERMS TO PONDER
 Absconding Petitioner- a convicted accused whose
application for probation has been given due course by the
court but fails to report to the parole and probation office
or cannot be located within a reasonable period of time.

Absconding Probationer- an accused whose probation was

granted but failed to report for supervision within the
period ordered by the court or a probationer who fails to
continue reporting for supervision and/or whose
whereabouts are unknown for a reasonable period of time.
 Defense Counsel/Counsel- lawyer of the petitioner

 Petition- application for probation.

 Petitioner - a convicted defendant who files an

application for probation.

 Probationer - means a person placed on probation.

 Probation Investigation - The process of
selection, diagnoses and planning with the client.

 Probation Supervision- The continuous process

of helping the client to follow through with the
plans, reevaluation and working with the client in
the process of planning his life to meet dynamic
situation.
 Probation Officer –person who investigates for
the Trial Court a referral for probation or
supervises a probationer or does both functions
and performs other necessary and related duties
and functions as directed.

 Probation Order - order of the trial court granting

probation
 Prosecutor- lawyer of the victim.
 Trial Court - refers to the Regional Trial Court
(RTC) of the Province or City/Municipal Court
which has jurisdiction over the case.
 Volunteerism - is a strategy by which the parole
and probation administration may be able to
generate maximum citizen participation or
community involvement in the overall process of
client rehabilitation.
 CONCEPT AND PHILOSOPHY OF
PROBATION

The basic legal conceptions of probation:

 First,
it as a conditional suspension of the
execution of sentence.

 Second it is a personal care or treatment and

supervision over the probationer
 PROBATION IS A COURT FUNCTION

No person shall be placed on probation except upon

prior investigation by the probation officer and a
determination by the court that the ends of justice
and the best interest of the public as well as that of
the defendant will be served thereby
 ESSENTIAL ELEMENTS OF THE PROBATION
SYSTEM UNDER PRESIDENTIAL DECREE NO. 968

 Probation is a single or one-time" affair.

 Probation system is highly selective.

 Persons under probation retain their civil rights,

like the right to vote, or practice one's profession,
or exercise parental or marital authority.
 AREAS OF THE PROBATION LAW

Presidential Decree No. 968 will cover civilians

tried and convicted by military tribunal. "it
shall apply to all offenders except those entitled to
the benefits under the provisions of Presidential
Decree No. 603 and similar laws."

What are the "similar laws" referred to in Section 1?

-The Comprehensive Dangerous Drugs Act.
The cut-off point at six years imprisonment for
extending the benefits of probation refers to the
sentence actually imposed, not that prescribed by
law for the offense committed.

The probation law does not disqualify one who has

been convicted of an offense penalized by
DESTIERRO
 Probation, it is argued, as laid out by the Decree is
primarily a judicial function

 It cannot be made at any time after conviction and

sentence, but rather extends only up to the actual
commitment of the defendant to prison for the service of
his sentence, and not thereafter.

 The rule of automatic withdrawal of pending appeal

applies in case the application for probation is made when
the appellate court has already rendered its decision
 The
application for probation may be in any form,
whether written or oral.

 Defendant is not entitled as a matter of right to the

assistance of counsel in the investigation

 Neitheris the constitutional guarantee against self-

incrimination that no person shall be compelled to
be a witness against himself, available in the
investigation.
Pending submission of the investigation report and the
resolution of the petition for probation, the defendant may
be allowed on temporary liberty under his bail filed in the
criminal case, or on recognizance

While the grant or denial of probation is not appealable,

certiorari will lie, under the general law on certiorari (a writ
or order by which a higher court reviews a decision of a
lower court).

The grant of probation does not erase, modify of otherwise

affect the offender's CIVIL LIABILITY
 RELATED PROVISIONS UNDER REPUBLIC
ACT NO. 9344

Republic act No. 9344: Probation as an

Alternative to Imprisonment. - The court may,
after it shall have convicted and sentenced a child
in conflict with the law, and upon application at
any time, place the child on probation in lieu of
service of his/her sentence taking into account the
best interest of the child.
 DISTINCTION BETWEEN PROBATION UNDER
PRESIDENTIAL DECREE NO. 603 AND UNDER
PRESIDENTIAL DECREE NO. 968.
 Presidential Decree No. 603- Under Presidential Decree No. 603 the
youthful offender is neither convicted nor sentenced although the
court finding him guilty determines the imposable penalty and
orders his commitment as a matter of course to any of the trustees
for his correction and rehabilitation, even without his asking for it
and without any prior investigation.

 Presidential Decree No. 968- Under Presidential Decree No. 968,

the offender is convicted and sentenced. Application is required.
 WHO IS MATHEW DAVENPORT HILL?

Mathew Davenport Hill is considered the father of

probation in England. He finds persons who act
as guardians of the juvenile offender. Then at an
unexpected period, the confidential officer visits
the guardian, makes inquiries and keeps notes of
information received.
 HISTORICAL DEVELOPMENT OF
PROBATION IN UNITED STATES

first state to enact a real probation law in United

States is Massachusetts. The first practical
demonstration of probation, first use of the term as
court service, and the enactment of the first
probation law occurred in Massachusetts. On
March 4, 1925 the UNITED STATES
FEDERAL PROBATIONACT was enacted.
 WHO IS JOHN AUGUSTUS?
 John Augustus is the father of probation in the USA.
 Boston shoemaker,
 promoted temperance to reclaim drunkards. Later begun to take men
and woman charged with other crimes, then eventually children.
 his method was to provide bail for a temporary suspension of
sentence
 counsel and assist such persons find homes, securing employment
and adjusting family difficulties.
 At the end of the probation period, he brought back the offender to
court, and if no further complaint had been lodged against the
offender, the judged imposed a nominal fine with costs. If the man
was too poor, Mr. Augustus advanced the amount, usually as loan
 AUGUSTUS EXPERIMENT
 August 1841- Rugged drunk man
 3 weeks -The drunkard was brought back to court
where the judge cannot recognize him. Imposes a fine
of $ 3.76.
 Augustus died on June 21, 1859. And out of 2000
person whom he extended his help, only 10 were
ungrateful. And out of 1100 cases, only one case was
forfeited.
 Massachusetts became the 1st country to enact a
probation law on April 21, 1878
 HISTORY OF PROBATION IN THE
PHILIPPINES

The Adult Probation Law of 1935

 The Philippine Legislature enacted the first probation
of the Philippines. The first legislation was Act No.
4221 enacted by the Philippine legislature on August
07, 1935 and which created a Probation Offices
under the Department of Justice led by a Chief
Probation Officer appointed by the American
Governor General with the advice and consent of the
United States.
The act subsequently declared unconstitutional.
Section 11 of Act no 4221, the fatal provision of the
Act, provided that "This Act shall apply only in
those provinces in which the respective provincial
board shave provided for the salary of a probation
officer . . .. "
 WHO IS TEODULO C. NATIVIDAD?

 He is the Father of Probation in the Philippines. He

headed the committee (IDCCP) primarily tasked
with the drafting of the adult probation law.
Inter-Disciplinary Committee on Crime
Prevention (IDCCP) was created to formulate a
national crime prevention program for the courtly.
The Presidential decree No. 968, established a probation system less
costly alternative to the imprisonment of the offender who are likely
to respond to individualized, community-based treatment program
is the second legislation that enforces a probation system in the
country.

 On Nov. 13, 1974, the Inter-Disciplinary Committee on Crime

Prevention (IDCCP) was created to formulate a national crime
prevention program for the courtly.

 NOTA BENE: The committee places emphasis on “Pro-action

(crime prevention) rather than Reaction (action after
occurrence of the crime).
 FORERUNNERS OF PROBATION

Benefits of the Clergy- earliest for softening of the

brutal severity of punishment. This was a
compromise between the church and the king that, if
any member of the clergy was brought to trial before
the king’s court, such clergy could be claimed from
the jurisdiction by the bishop or chaplain
representing him on the ground that the prisoner was
subject to the authority of the Ecclesiastical Court
only.
Judicial Reprieve- withdrawal of sentence for an
internal of time whereby the execution of the
sentence is suspended either before or after
judgment such as when there is a favorable
circumstance in the criminal’s character in order to
give him opportunity to apply to the King for
either an absolute an or conditional pardon
 Recognizance or “Binding over for good behavior”
– this is considered as the direct ancestor of
probation. This involves an obligation or promise
sworn to under court order by a person not yet
convicted of crime he would keep the peace and be
of good behavior.

 Transportation- an ancient practice of banishment. It

served mainly as cheap source of supplying labor to
the colonies of England
 CRITERIA FOR PLACING AN OFFENDER
ON PROBATION
Under Section 8 of PD No. 968, 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;
 Probation will depreciate the seriousness of the
offense committed.
 However, under Sec. 70 of Republic Act No. 9165,
the Comprehensive Dangerous Drugs Act of 2002,
the first-time minor offender who upon
promulgation of the sentence, the court may, in
its discretion, placed the accused under
probation, even if the sentence provided under
Sec. 11 of the Act is higher than that provided
under Probation Law.

PROBATION IS NOT A MATTER OF RIGHT
BUT A PRIVILEGE

 However, under R.A. 9344 or Juvenile Justice and

Welfare Act of 2006, a Child in Conflict with the
Law (CICL) is granted the right to probation as
an alternative to imprisonment if qualified under
the Probation Law.
PROBATION" IS NOT A "SENTENCE" but is
rather in effect a suspension of the imposition of
sentence. It is not a final judgment but is rather an
"interlocutory judgment" in the nature of a
conditional order placing the convicted defendant
under the supervision of the court
HOW MANY TIMES CAN ONE BE GRANTED
PROBATION?

 Anoffender can be granted probation ONLY ONCE

IN HIS LIFETIME.

 GRANTING OR DENYING PROBATION NOT

BE APPEALABLE
 Under PD No. 1990, an order granting or denying
probation shall not be appealable.
 WHO ARE QUALIFIED TO PROBATION?

 Any first time convicted offender, 18 years of age

and above not otherwise disqualified under PD
968
 AS GENERALRULE probation applies to all
sentenced or convicted offenders - All first-time
offenders convicted of crimes punished by
imprisonment of not more than 6 years
(maximum of 6 years).
 Exceptions
Those entitled to the benefits of PD 603 as amended
otherwise known as the Child and Youth Welfare
Code. Hence, an offender who is under 18 years of
age must be dealt with in accordance with the
more liberal and beneficent provisions of PD 603

Those that are found Guilty in violation of R.A

6425, otherwise known as the Dangerous Drug Act
of 1972 as amended by Republic Act No. 9165.
 Those offenders who has not been convicted and
sentenced.
 Those that are found guilty in violation of the
Omnibus Election Code of the Philippines.
 Those who are found guilty in violation of PD 1987
(an act creating the Video gram Regulatory)
 Those that are found guilty in violation of RA 6727
otherwise known as the Wage Rationalization Act.
 DISQUALIFIED OFFENDERS FOR
PROBATION
 Those sentenced to serve a MAXIMUM TERM of
imprisonment of MORE THAN SIX (6) YEARS.
Note: the six years maximum refers to the sentence
actually imposed, and not that prescribed by law
for the offense committed.
 Those who have previously been convicted by
final judgment
 PREVIOUS CONVICTION
 if one month -qualified for probation
 if one month and one day or more - disqualified
for probation

 lessthan two hundred pesos - qualified for probation

 two hundred pesos or more - disqualified for
probation
 Thoseconvicted of subversion or any crime
against the national security or public order;

 Those who have been ONCE on probation under

the provisions of PD No. 968, as amended;

 Those who are already serving sentence at the time

substantive provisions of the decree became
applicable pursuant to section 33 of PD 968
WHERE AND WHEN TO FILE THE
PETITION FOR PROBATION?
 The application for probation shall be filed by
sentenced or convicted offender whose sentence is
not more than 6 years imprisonment. It shall be
filed with the court that tried and sentenced the
offender.
 WHERE: A petition for probation shall be filed
by the applicant for probation or the petitioner
with the courts that tried and sentenced the
offender at any time before the imprisonment
starts.
 WHEN: Anytime before the offender starts
serving his sentence but within period for
perfecting an appeal or fifteen (15) days from the
promulgation or notice of the judgment of
conviction
 PROCEDURE UNDER PD NO. 968
1. The defendant must file a petition before the trial court which
exercise jurisdiction over his case; an application for probation after
he has been sentenced but before he begins to serve the sentence.
There are two formsof petition: WRITTEN and ORAL

2. If the defendant has been convicted and has appealed the sentence of
conviction, an application for probation cannot be entertained. As a
general rule, No application for probation shall be entertained or
granted if the defendant has perfected an appeal from the
judgment or conviction.
 NOTA BENE: Filing an application shall be deemed a waiver of
the right to appeal.
3. Notice to the prosecuting officer: The prosecuting officer
concerned shall be notified by the court of the filing of such
application. The prosecuting officer must submit his
comment on such application within 10 days from receipt of
the notification

4. Referral to probation office: If the court finds that the

petition is in due form and that the petitioner appears not to
be disqualified for the grant of probation. The probation
should be entertained by the court by ordering the
probation officer to conduct an investigation (PSI) of the
offender provided he is not disqualified under the decree.
While it is discretionary with the court to grant or
deny an applicant for probation, the Probation Law
requires that an investigation be first conducted by
the probation officer who shall submit his report
within60 days from receipt of the court’s order.
However, the court may in its discretion extend the
60 days period. Only thereafter shall the court
resolve the application, an outright denial by the
court is a nullity correctable by certiorari
 Initial Interview Work Sheet: Waiver

Within five (5) working days from receipt of said

delegated assignment, the investigating Probation
Officer on case shall initially interview the applicant
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.
POST SENTENCE INVESTIGATION REPORT
(PSIR)

 Post sentence investigation report is refers to the

report submitted by a probation officer within 60
days from receipt of the order of said court to
conduct the investigation containing his/her
recommendation in the grant or denial of the
application for probation.

The PSIR shall, as a rule be prepared by the
investigating Probation Officer on case and
approved by the CPPO. Both shall initial each and
all the pages thereof, except the last page on which
they shall affix their respective signatures.
 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. Since
probation is privilege, its grant rest solely upon the
discretion of the court. Therefore court may grant
or dismiss it.
GRANT OF THE PETITION
 Once probation is granted, the execution of
sentence will be suspended. The court if grants
the petition will issue the appropriate Probation
Order and the petitioner will be released to the
community subject however to the terms and
condition imposed by the court, with the
supervision of probation officer.
A probation order shall take effect upon its issuance.

DEFENDANT MAY REJECT GRANT OF

PROBATION
 The law does not oblige the defendant to accept the
probation granted by the court. He should, indeed,
be allowed to turn down the same grant especially
since he might feel that the terms and conditions
thereof are too onerous (burdensome) for him.
What will happen if the application for probation is
denied?

 The offender will be sent by the sentencing court to

prison to serve his sentence

 AS A GENERAL RULE THE GRANT OR

DENIAL OF PROBATION IS NOT
APPEALABLE. However a Certiorari may lie on
the ground of Grave abuse of discretion – certiorari –
not on appeal.
 PERIOD OF PROBATION
 If the convict is sentenced to a term of imprisonment of NOT
MORE THAN ONE (1), the period of probation shall NOT
EXCEED TWO (2) YEARS.
 In all cases, if he is sentenced to MORE THAN ONE (1)
YEAR, said period SHALL NOT EXCEED SIX (6)
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 TWICE the total number of days of
subsidiary imprisonment as computed at the rate established
by the RPC Art. 39.
MANDATORY OR BUILT IN CONDITIONS
 The two Mandatory Conditions of Probation
 To present himself to the Probation Officer
concerned for supervision within 72 hours from
receipt of said order; and
 To report to the Probation Officer at least once a
month during the period of probation.
 What happens to a probationer if conditions of
probation are violated?
 The Court may modify the conditions of probation
or revoke the same. If the violation is serious, the
court may order the probationer to serve his prison
sentence.
 The probation officer investigates the alleged
violation and it is established, a report is
submitted to the court.
There is also the possibility of arrest including
criminal, prosecution of the probationer in the vent
of commission of another offense. The
REVOCATION proceeding is summary.
 IF VIOLATION IS ESTABLISHED- court may
revoked or continue with modified conditions
 IF REVOKED- probationer shall serve the
sentence originally imposed.
VIOLATION OR INFRACTION REPORT
 Infraction Report is refers to the report submitted
by the Probation and Parole Officer on violations
committed by a parolee/pardonee of the conditions
of his release on parole or conditional pardon
while under supervision.
REVOCATION OF PROBATION
 Nobody can discount the probability that
probatioern may not violate the condition of
probation what is the concept of violation of
probation. The following are the two grounds for
revocation of probation.
 Failure to comply with any condition
 Commission of another offense
May the arrested of probationer admitted to bail?

 YES, 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
 HEARING OF THE VIOLATION
 Informal and summary - Probation have right to
counsel and given all the opportunities to be heard
because it may lead to revocation and hence
imprisonment.
 Probation officer- prosecutes but may asked
assistance from the prosecutor office in the
presentation of evidence.
MODES AND GROUNDS OF TERMINATIONS
OF THE PROBATION SUPERVISION CASE

 The successful completion of program of

probation.
 Revocation for cause, or death of the probationer.
 Termination Report. - The City and Provincial Parole and
Probation Office shall submit to the Trial Court a
Probation Officer’s Final Report (PPA Form 9) thirty
(30) days before the expiration of the period of probation.
 SECTION 65. MODE. - Immediately after such closure
of the probation case, the corresponding probation
records shall be archived, but not after the proper
reporting is done.

VOLUNTEER PROBATION AIDES (VPA)

 VPA are citizen of good standing in the

community who are volunteer to assist the parole
and probation officers in the supervision of a
number of probationers, parolees, and pardonees in
tier respective community.
 QUALIFICATIONS
 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, etc.
 APPOINTMENT AND TERMS OF OFFICE
Probation Aides so appointed may hold office during
good behavior for a period of two (2) years,
renewable at the end of each period.

SALARY
 VPA shall not receive any regular compensation
but entitled to travel allowances allowed under
existing government rules and regulation.

DUTIES OF VPA
 Assist the Probation Officer in supervision of
probationer
 Prepare and submit reports and record of his work as
may be required by probation offices
 Assist the probation officer in mobilization of
community support for probation program

PROBATION ADMINISTRATOR
 The Administration shall be headed by the
Probation Administrator, hereinafter referred to
as the Administrator.
 It is appointed by the President of the Philippines.
He shall hold office during good behavior and
shall not be removed except for cause.
 ASSISTANT PROBATION ADMINISTRATOR
 There shall be an Assistant Probation Administrator
who shall assist the Administrator perform such
duties as may be assigned to him by the latter and as
may be provided by law. In the absence of the
Administrator, he shall act as head of the
Administration.
 He shall be appointed by the President and shall
receive an annual salary of at least thirty-six
thousand pesos.
 QUALIFICATIONS:
 At least 35 years old
 Holder of a master degree in criminology, social
work correction, penology, psychology, sociology,
public administration , laws, police science, police
administration or relation field.
 5 years supervisory experience
 Member of BAR with 7 years supervisory
OFFICE OF THE ADMINISTRATOR – It acts as
the head and the executive officer of the PPA.
 Planning staff – Develops plans, programs and
conducts, research towards economical, efficient and
effective operation and implementation of PD no. 968
as amended.
 Technical services - It acts as service arm of the Board
of Pardons and Parole in the supervision of parolees
and pardoness.
 OFFICE OF THE DEPUTY ADMINISTRATOR - One
deputy. Assist the administrator and performs such
duties as may be assigned by the administrator.
STAFF DIVISION
 ADMINISTRATIVE DIVISION (AD) – It
provides the administration with well-planned,
directed and coordinated services relating to
personnel, records, supplies and equipment,
disbursement, security and janitor/messengerial
services and public information dissemination.
 FINANCIAL MANAGEMENT DIVISION
(FMD) -It provides financial support to all units of
the agency and implements policies and procedure
on financial management in accordance with the
government rules and regulations.

 LEGAL AND INSPECTORATE DIVISION

(LID) – It provides various units of the
administration with legal advice, prepares opinions
on questions of law that may arise in the
implementation of P.D. no. 968 as amended.
 TRAINING DIVISION (TD) - Develops,
conducts, monitors and evaluates training programs
for improved job performance of the line and staff
personnel of the agency, develops modules for
training of community volunteers, facilities and
monitors attendance of officials and employees in
training programs sponsored by the other
agencies/organizations.
 Research Development Section
 Material Preparation and A/V Section
 Training Evaluation Section
 COMMUNITY SERVICES DIVISION (CMSD)
– Assist in the establishment/development of
facilities, programs and services for the
rehabilitation of probationers/parolees/pardonees
utilizing community resources, provides technical
and consultative services to operating units and
offices of the administration, screens and
recommends for appointment of VPAs.
 Community Programs Section
 Volunteer services Section
CASE MANAGEMENT AND RECORDS
DIVISION -It provides technical services assistance
to field officers in improving investigation
procedures/supervision over probationers and their
services to the courts; conducts studies on caseloads,
caseworks services and procedures in case
management, maintains central files of records of
petitioners/probationers/parolees/pardonees and
establishes linkages with criminal justice pillars for
improvement of case load management.
 CLINICAL SERVICES DIVISION (CSD) -
Provides the administration with effective
diagnostic/evaluation and therapy/management of
PPA employees and their dependents, petitioner,
probationers, parolees, pardonees which include
psychiatric, medical, dental, and psychological and
social services.
 Psychological Services Section
 Social Services Section
 Medical and Dental Section
  REGIONAL OFFICES - Regional Probation and
Parole Offices (Dir. II/ Regional Dir.) - It exercise
supervision and control over all provincial/city Parole
and Probation offices within the jurisdiction and
performs such duties as may be assigned by the
administrator.
 One Deputy (Dir. I/ Asst. Reg. Dir.)
 15 Regional Office
  PROVINCE/CITY OFFICE– It undertakes the
investigation of petitioners for probation referred by the
courts for PSIRs; supervise
probationers/parolees/pardoness and perform such other
duties as may be assigned by the administrator. CHIEF
PPO ASSISTED BY:
 Senior Probation and Parole Officer (Sr. PPO)
 Probation and Parole Officer II (PPO II)
 Parole and Probation Officer I (PPO I)
 Clerk II
 WHAT IS PAROLE?

 Itis the provisional release of a prisoner who

agrees to certain conditions prior to the completion
of the maximum sentence period. Originating from
the French parole ("voice", "spoken words"), the
term became associated during the Middle Ages
with the release of prisoners who gave their word.
It is the process of suspending the sentence of a
convict after having served the minimum of his
sentence without granting him pardon, and the
prescribing term upon which the sentence shall be
suspended.
 The Administration has been authorized by the Board
to conduct pre-parole investigation of deserving city,
provincial and national prisoner confined in the city
and provincial jails, the national penitentiary and
penal colonies, whenever their best interests and that
of justice will be served thereby, and to submit
reports of said investigation at least 60 days before
the expiration of the minimum sentences of the
prisoners concerned.
HISTORY OF PAROLE
 Alexander Maconochie, introduced the modern idea of
parole when, in 1840, he was appointed superintendent of
the British penal colonies in Norfolk Island, Australia. He
developed a plan to prepare them for eventual return to
society that involved three grades. The first two consisted
of promotions earned through good behaviour, labor, and
study. The third grade in the system involved conditional
liberty outside of prison while obeying rules. A violation
would return them to prison and starting all over again
through the ranks of the three grade process
The father of parole in Australia. He is the
Superintendent of the penal colony at Norfolk
Island in Australia (1840) who introduced the
Mark System that became the blueprint of modern
day parole. He is considered as the father of
modern penology
Mark System
 A progressive humane system in which a prisoner
is required to earn a number of marks based on
proper department, labor and study in order to
entitle him for ticket for leave or conditional
release which is similar to parole.
Walter Crofton attempted to implement
Maconichie's mark system when he became the
administrator of the Irish Prison System in 1854.
He is the father of parole in Ireland.
Zebulon Brockway, father of parole in the United
States. A Michigan penologist, is given credit for
implementing the first parole system in the U.S. He
proposed a two-pronged strategy for managing
prison populations and preparing inmates for release:
indeterminate sentencing coupled with parole
supervision. He was given a chance to put his
proposal into practice in 1876 when he was
appointed superintendent at a new youth
reformatory, the Elmira Reformatory in New
York.
CREATION OF PAROLE SYSTEM IN THE
PHILIPPINES:
 It came into existence by the passage of Act 4103
as amended by Acts 4203 and 4225, otherwise
known as the Indeterminate Sentence Law,
which took effect on Dec. 5, 1933. Board of
Pardons and Parole – administers the Parole
system of the country
 DISTINCTION BETWEEN PAROLE &
PROBATION
Parole is an Administrative function exercised by
the executive branch of the government (executive
function) while probation is a judicial function
exercise by the courts.
Parole is granted to a prisoner only after he has serve
the minimum of his sentence while probations is
Granted to an offender immediately after
conviction.
DIFFERENCE BETWEEN PAROLE AND
MANDATORY SUPERVISION
 "Mandatory Supervision," is a practice whereby an
inmate is released prior to the completion of their
sentence due to legal technicalities which oblige the
offender justice system to free them. Mandatory
supervision tends to involve stipulations that are more
lenient than those of parole, and in some cases place
no obligations at all on the individual being released.

 PRISONERS QUALIFIED
 He is confined in a jail or prison to serve an
indeterminate prison sentence.
 He has served the minimum period of said sentence
less the good conduct time allowances (GCTA)
earned.
 There is a reasonable probability that if released, he
will become law-abiding; and
 His release will not be incompatible with the
interests and welfare of society.
 PRISONERS DISQUALIFIED FOR PAROLE:
 Those persons convicted of offenses punished with
reclusion perpetua;
 Those convicted of treason, conspiracy or proposal to
commit treason;
 Those convicted of misprision of treason, rebellion, sedition
or espionage;
 Those convicted of piracy;
 Those who are habitual delinquents;
 Those who escaped from confinement
 Those who were granted conditional pardon and violated
any of the terms thereof;
 Those whose maximum term of imprisonment does not
exceed 1 year or are with a definite sentence;
 Those suffering from any mental disorder
 Those whose conviction is on appeal;
 Those who have pending criminal case for an offense
committed while serving sentence.
 Those convicted of offenses punished with reclusion perpetua,
 Those convicted for violation of the laws on terrorism,
plunder and transnational crimes."


The Board of Pardons and Parole, created by
virtue of Act No. 4103 (1933) known as the
Indeterminate Sentence Law, 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.
COMPOSITION OF THE BOARDS OF PARDON
AND PAROLE
 Board Composition.—The Board shall be composed of the
Secretary as Chairman and six (6) members consisting of:
The Administrator of the Parole and Probation
Administration as ex-officio member, a sociologist, a
clergyman, an educator, a person with training and experience
in correction work, and a member of the Philippine Bar;
Provided, that one of them is a woman. The members of the
Board shall be appointed by the President upon the
recommendation of the Secretary and shall hold office for a
term of six (6) years, without prejudice to reappointment.
 ISNATIONAL PRISONER CONFINED IN A
LOCAL JAIL CAN BE RELEASE ON
PARDON/PAROLE?

No, unless his confinement in said jail is in good

faith or due to circumstances beyond the prisoner's
control.
 WHO ARE NATIONAL PRISONERS UNDER THE RULES?
 The following are the National Prisoners:
 Those WHO ISSENTENCEDTO A MAXIMUM TERM OF
IMPRISONMENT OF MORE THAN THREE (3) YEARS or
to a fine of more than five thousand pesos (Php. 5,000);
 Those who SENTENCED FOR VIOLATION OF THE
CUSTOMS LAWOR OTHER LAWS WITHIN THE
JURISDICTION OF THE BUREAU OF CUSTOMS or
enforceable by it, regardless of the length of sentence imposed
by the Court; and
 Those one sentenced to serve two (2) or more prison sentences in
the aggregate exceeding the period of three (3) years.
 Filing of Petition - A formal petition for executive
clemency addressed as follows shall be submitted
to the Board before the question of said clemency
will be considered:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
 ExecutiveClemency/Parole of An Alien - The
Board may recommend the grant of executive
clemency or grant parole to a prisoner who is an alien.

SEC. 27. Parole Supervision - After release from

confinement, a client shall be placed under the
supervision of a Probation and Parole Officer so that
the former may be guided and assisted towards
rehabilitation. arly grant of Final Release and
Discharge.
 Outside Travel - A Chief Probation and Parole Officer
may authorize a client to travel outside his area of
operational jurisdiction for a period of not more than
thirty (30) days. A travel for more than 30 days shall be
approved by the Regional Director.

 SEC. 36. Travel Abroad and/or Work Abroad - Any

parolee or pardonee under active supervision/surveillance
who has no pending criminal case in any court may apply
for overseas work or travel abroad. However, such
application for travel abroad shall be approved by the
Administrator and confirmed by the Board.
Report of Parole Infraction/Violation - Any
violation of the terms and conditions appearing in
his Release Document or any serious deviation or
non-observance of the obligations set forth in the
parole supervision program shall be immediately
reported by his Probation and Parole Officer to the
Board.

SEC. 40. Arrest of Client - Upon receipt of an

Infraction Report, the Board may order the arrest or
recommitment of the client.
 Effect of Recommitment of Client - The client who
is recommitted to prison by the Board shall be made
to serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison.
 SEC. 42. 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 the Board,
either before or after release, was false.

 WHAT IS EXECUTIVE CLEMENCY?
 It shall refer to Absolute Pardon, Conditional
Pardon with or without Parole conditions and
Commutation of Sentence as may be granted by the
President of the Philippines upon the
recommendation of the Board of Pardon and Parole.
 It is an act of mercy or leniency from certain
consequences of a criminal conviction, and is
exercised by the President after receipt of a
recommendation from the BPP.
 CONSTITUTIONAL BASIS:
 ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
 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.
Section 5, Article IX (Constitutional Commissions-
The Commission on Elections)
No pardon, amnesty, parole, or suspension of
sentence for violation of election rules, and
regulations shall be granted by the President
without a favorable recommendation of the
Commission.
 WHO WILL GRANT EXECUTIVE
CLEMECY?
 It is exercise by the President.
 Upon the recommendation of the Board of Pardons
and Parole, s/he can grant pardons, commute
sentences, or defer the implementation of
sentences
EXECUTIVE CLEMENCY BASICS
 It is discretionary;
 It may not be controlled by the legislature or
reversed by the courts unless there is violation of
the Constitution; and
 Executive Clemency must often be requested by
application or petition before it is granted.
FILING OF PETITION
 A formal petition for executive clemency addressed
as follows shall be submitted to the Board before the
question of said clemency will be considered:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
REFERRAL OF PETITION FOR EXECUTIVE
CLEMENCY/PAROLE TO OTHER
GOVERNMENT AGENCIES
 Secretary of National Defense - If the crime
committed by the petitioner is against national
security or public order or law of nations.
 Commission on Elections - In case of violation of
election laws, rules and regulations.
 Department of Foreign Affairs - In case of an alien.
 PRISONERS NOT ELIGIBLE FOR
EXECUTIVE CLEMENCY
 Prisoners who escaped or evaded service of
sentence are not eligible for executive clemency
for a period of one (1) year from the date of their
last recommitment to prison or conviction for
evasion of service of sentence.
 WHAT IS PARDON?
 It is a form of executive clemency granted by the
President of the Philippines as a privilege to a
convict as a discretionary act of grace. A pardon is
the remission of a penalty. It is an act of grace or
forgiveness that relieves the person pardoned from
some or all of the ramifications of lawful
punishment. A pardon may be conditional or
unconditional. Pardons do not erase or seal a
conviction; a pardon forgives guilt.
 Itvested to the Chief Executive (The President) as
a matter of power. Neither the legislative nor the
judiciary branch of the government has the
power to set conditions or establish procedures
for the exercise of this Presidential prerogative.
TWO TYPES OF PARDON
Absolute Pardon-It refers to the total extinction of
the criminal liability of the individual to whom it is
granted without any condition whatsoever and
restores to the individual his civil rights and remits
the penalty imposed for the particular offense of
which he was convicted.
 PURPOSE:
 To right a wrong
 To normalize a tumultuous political situation.
Conditional Pardon-It refers to the exemption of an
individual, within certain limits or conditions; from the
punishment that the law inflicts for the offenses he has
committed resulting in the partial extinction of his
criminal liability. It is also granted by the President of the
Philippines to release an inmate who has been reformed
but is not eligible to be released on parole.
LIMITATIONS OF THE PARDONING POWER
OF THE PRESIDENT
 It may not be exercised for offenses in
impeachment cases;
 It may be exercised only after conviction by final
judgment except amnesty;
 It may not be exercised over legislative or civil
contempt (as for refusing to answer a proper
question as a witness in a case);
In case of violation of election law or rules and
regulations without favorable recommendations
of the COMELEC;
It cannot be exercised to violation of tax laws.
It cannot absolve convict of civil liability
It cannot restore public offices forfeited.
 HOW IS PARDON DIFFERENT FROM
PROBATION?
 Probation and pardon are not the same. Probation is “a
disposition under which a defendant, after conviction
and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation
officer.” Probation is a part of the judicial power,
while pardon is a part of the executive power.
 HOW IS PARDON DIFFERENT FROM
COMMUTATION AND REPRIEVE?
 Commutation” is a remission of a part of the
punishment; a substitution of a less penalty for the
one originally imposed.
 A “reprieve” or “respite” is the withholding of the
sentence for an interval of time, a postponement of
execution, a temporary suspension of execution.
 WHAT IS AMNESTY
 A general pardon extended to a group of persons, such
a political offenders purposely to bring about the
return of dissidents to their home and to restore peace
and order in the community. It Is generally exercised
by the Chief Executive with the concurrence of
congress. It is an act of sovereign power granting
oblivion or general pardon for past offense and rarely,
if ever, exercised in favor of single individual is
usually exerted in behalf of certain classes of person
who are subjected to trial but not have been convicted.
Amnesty can be availed of before, during and after
the trial of the case, even after conviction
DIFFERENCES BETWEEN AMNESTY AND
PARDON

As to the number of those who can avail: Pardon

includes any crime and is exercised individually
by the Chief Executive, while amnesty is a blanket
pardon granted to a group of prisoners, generally
political prisoners.
 As to the Time to Avail: Pardon is exercised when the
person is already convicted, while amnesty maybe
given before trial or investigation is done.
 As to the Consent of Congress: Pardon is granted by
the Chief Executive and such as private act, which
must plead and proved by the person pardoned
because the court takes no choice thereof. While
amnesty is by proclamation with concurrence of
congress, and it is a public act, which the court should
take judicial notice.
 As to the Effect: Pardon is an act of forgiveness, i.e. it
relieves the offender from the consequences of the
offense, while amnesty is an act of forgetfulness. i.e. it
puts into oblivion the offense of which one is charged
so that the person as if he had never committed the
offense.
 As to the Crime committed: Pardon is granted for
infractions of the peace of the State while amnesty, for
crimes against sovereignty of the state (ex. political
offense)
Grant of Amnesty. – Amnesty is hereby granted to all
persons who shall apply therefor and who have or may
have committed crimes, including but not limited to
the following:
1. rebellion or insurrection;
2. coup d’etat; conspiracy and proposal to commit
rebellion, insurrection or coup d’etat;
3. disloyalty of public officers or employees; inciting to
rebellion or insurrection; s
4. edition; conspiracy to commit sedition;
5. inciting to sedition; illegal assembly;
illegal association; direct assault;
7. resistance and disobedience to a person in
authority or the agents of such person;
8. illegal possession of firearms, ammunition or
explosives, committed in furtherance of, incident
to, or in connection with the crimes of rebellion or
insurrection
9. violations of Articles 59 (desertion), 62 (absence
without leave), 67 (mutiny or sedition), 68 (failure to
suppress mutiny or sedition), 94 (various crimes), 96
(conduct unbecoming an officer and a gentlemen),
and 97 (general article) of the Articles of War;
10. direct assault; indirect assault
11. and other disturbances of public order; unlawful
use of means of publication and unlawful utterances;
alarms and scandals
Provided, that the amnesty shall not cover crimes
against chastity and other crimes committed for
personal ends.
Section 2. Effects. – (a) Amnesty under this
Proclamation shall extinguish any criminal liability
for acts committed in pursuit of a political belief,
without prejudice to the grantee’s civil liability for
injuries or damages caused to private persons. The
grant of amnesty shall also effect the restoration of
civil or political rights suspended or lost by virtue
of criminal conviction.
“Without Prejudice” Example:

 Often a demand is made before litigation that a

person is willing to pay more or to receive a lesser
amount than would be expected if the matter went
to court. To avoid court, a premium may be
applied to the payment proposal without an
admission that the greater amount by the payor or
the lesser amount by the recipient is due.
 However, if the matter then goes to court, you don’t
want opposing party to say “See, the other side even
admits that he owes money, because s/he made an offer
to settle this matter earlier.” A judge should refuse that
submission on the premise that the information
was without prejudice and should never have reached
the judge’s eyes or ears until after a final decision is
made.

The amnesty herein proclaimed shall not ipso
facto (by the very fact) result in the
reintegration or reinstatement into the service of
former Armed Forces of the Philippines and
Philippine National Police personnel.
Reintegration or reinstatement into the service
shall continue to be governed by existing laws and
regulations;
Provided, however, that the amnesty shall reinstate
the right of AFP and PNP personnel to
retirement and separation benefits, if so
qualified under existing laws, rules and regulations
at the time of the commission of the acts for which
amnesty is extended, unless they have forfeited
such retirement and separation benefits for reasons
other than the acts covered by this Proclamation.
National Amnesty Commission. – There is hereby
created a National Amnesty Commission, hereinafter
referred to as the Commission, which shall be
primarily tasked with receiving and processing
applications for amnesty, and determining whether
the applicants are entitled to amnesty under this
Proclamation. Final decisions or determinations of the
Commission shall be appealable to the Court of
Appeals.
The Commission shall be composed of seven (7)
members: a chairperson and three (3) regular
members to be appointed by the President; the
Secretary of Justice, the Secretary of National
Defense and the Secretary of the Interior and
Local Government as ex-officio members
WHAT IS COMMUTATION OF SENTENCE?

 The act of the president changing, reducing or

mitigating a heavier sentence to a lighter one or a
longer term into a shorter term. It may alter death
sentence to life sentence or life sentence to a term
of years.
 It does not forgive the offender but merely to
reduce the penalty pronounce by the court
 Itis a change of the decision of the court made by the
Chief Executive by reducing the degree of the penalty
inflicted upon the convict, or by decreasing the length
of the imprisonment of the original sentence.
 A commutation of sentence takes place when the
sentence, generally one of imprisonment, is reduced
to a lesser penalty or jail term. This type of clemency
does not void the conviction.
SPECIFIC CASES WHERE COMMUTATION
IS PROVIDED FOR BY THE CODE:
 When the convict sentenced to death is over 70
years of age;
 When ten justices of the Supreme Court failed to
reach a decision for the affirmation of the death
penalty;
In Commutation of Sentence consent of the
offender is not necessary
 WHAT IS REPRIEVE
 Reprieve, in criminal law, the temporary
suspension of a sentence, such as a stay of
execution, granted a person convicted of a capital
crime. A reprieve is usually granted by the
sovereign or chief executive and also, in the United
States, by the governor of a state. In some cases it
may be granted by the court that tried the offender
 PURPOSE OF REPREIVE
 The purpose of the reprieve is generally to allow an
investigation into the legality of the conviction or into
alleged newly discovered evidence in favor of the
convicted person. A reprieve delays an execution but,
unlike a pardon or a commuted sentence, does not
negate a sentence unless the reinvestigation shows
that the prisoner has been unjustly tried or sentenced.
 GCTA– is a privilege granted to a prisoner that
shall entitle him to a deduction of his term of
imprisonment.

Who can benefit from the law?

 Inmates who display “good behavior and [have] no
record of breach of discipline or violation of prison
rules and regulations”
GCTA (Republic Act 10592)
1-2 years of good behavior: 20 days/month deduction
3-5 years of good behavior: 23 days/month deduction
6-10 years of good behavior: 25 days/month deduction
11 years and onwards: 30 days/month deduction
15 days deduction/month: for study and mentoring

Additional 15 days deduction for each month of study,

teaching, or mentoring.
Who are disqualified to avail on GCTA?

- Under the 2020 revised GCTA Manual, those

who committed heinous crime/s whose
punishment under the abolished RA 7659 is
death.
- Recidivists
- Habitual delinquent
- Escapees
 Heinous Crime
Crimes were considered heinous “for being grievous,
odious and hateful offenses and which, by reason
of their inherent or manifest wickedness,
viciousness, atrocity and perversity are repugnant
and outrageous to the common standards and
norms of decency and morality in a just, civilized
and ordered society.”
 Treason
 Piracy in general and mutiny on the high seas in Philippine waters
 Qualified piracy
 Qualified bribery
 Parricide
 Murder
 Infanticide
 Kidnapping and serious illegal detention
 Robbery with violence against or intimidation of persons
 Destructive arson
 Rape
 Importation, distribution, manufacturing and possession of illegal
drugs
 Preventive Imprisonment
A temporary confinement in a correctional facility of a PDL
while undergoing investigation or awaiting for final judgment.
- PDL who has undergone preventive imprisonment shall be
credited fully or 4/5 of the period of his PI.

- Full credit- those who manifests in writing the willingness to

abide on the disciplinary rules imposed upon a PDL convicted
for final judgment
- 4/5- those who manifests unwillingness to abide by the
disciplinary rules.
 Who are disqualified?
 Recidivist
 Accused convicted twice or more of any crime
 Accused who after being summoned for the
execution of his sentence fails to appear in court
 Habitual delinquents
 Escapees
 PDL charged of heinious crime
 Special Time Allowance for Loyalty (Art. 158,
RPC)
 A deduction of 1/5 of the period of the sentence of
any prisoner who evaded the service of sentence on
the occasion of disorders due to conflagrations,
earthquakes, or other calamities shall be granted if
he returns to authorities within 48 hours after the
president declared that the calamity is over.
 - Once granted shall not be revoked.
 2/5 deduction if PDL chose to stay at confinement
during calamity
 Who are disqualified?
 Recidivists
 Habitual delinquent
 Escapees
 Heinous crimes
 Who grants time allowances?
 Director General of the BUCOR
 Chief of BJMP
 Warden of Provincial, District, City, or Municipal
Jail