BACKGROUNDER

1. What BJMP is all about

- National agency under the DILG manning City, District and Municipal Jails
- Twin mandate of Safekeeping and Development of PDLs
- In Region 02, it has 19 jails
- It aims to attain a 100% BJMP Drug-Free Workplace
-

Jail decongestion

Republic Act No. 7438             April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR

UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of

Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform
the latter, in a language known to and understood by him, of his rights to remain silent
and to have competent and independent counsel, preferably of his own choice, who shall
at all times be allowed to confer privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked if the person arrested
or detained does not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel provided by the investigating
officer in the language or dialect known to such arrested or detained person, otherwise,
such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his
counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by
such person in the presence of his counsel; otherwise the waiver shall be null and void
and of no effect.

Article 125 of the Revised Penal Code reads:

Delay in the Delivery of Detained Persons to the Proper Judicial Authorities. — The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who
shall detain any person for some legal ground and shall fail to deliver such person to the proper
judicial authorities within the period of twelve (12) hours, for crimes or offenses punishable by
light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent, and thirty-six (36) hours, for crimes or offenses
punishable by afflictive or capital penalties, or their equivalent.
In every case, the person detained shall be informed of the cause of his detention and shall be
allowed, upon his request, to communicate and confer at any time with his attorney or counsel.

(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any national non-governmental organization
duly accredited by the Commission on Human Rights of by any international non-
governmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the "inviting" officer for any violation of
law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of
Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation
for the commission of an offense if the latter cannot afford the services of his own
counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, or
from examining and treating him, or from ministering to his spiritual needs, at any hour
of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not
less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).

The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may be
necessary to secure his safety and prevent his escape.

Approved: April 27, 1992.

REPUBLIC ACT No. 6036

AN ACT PROVIDING THAT BAIL SHALL NOT, WITH CERTAIN EXCEPTIONS, BE
REQUIRED IN CASES OF VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES
AND IN CRIMINAL OFFENSES WHEN THE PRESCRIBED PENALTY FOR SUCH
OFFENSES IS NOT HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF TWO
THOUSAND PESOS OR BOTH.

Section 1. Any provision of existing law to the contrary notwithstanding, bail shall not be
required of a person charged with violation of a municipal or city ordinance, a light felony and/or
a criminal offense the prescribed penalty for which is not higher than six months imprisonment
and/or a fine of two thousand pesos, or both, where said person has established to the satisfaction
of the court or any other appropriate authority hearing his case that he is unable to post the
required cash or bail bond, except in the following cases:

(a) When he is caught committing the offense in flagrante;

(b) When he confesses to the commission of the offense unless the confession is later
repudiated by him in a sworn statement or in open court as having been extracted through
force or intimidation;

(c) When he is found to have previously escaped from legal confinement, evaded
sentence, or jumped bail;

(d) When he is found to have previously violated the provisions of Section 2 hereof;

(e) When he is found to be a recidivist or a habitual delinquent or has been previously

convicted for an offense to which the law or ordinance attaches an equal or greater
penalty or for two or more offenses to which it attaches a lighter penalty;

(f) When he commits the offense while on parole or under conditional pardon; and

(g) When the accused has previously been pardoned by the municipal or city mayor for
violation of municipal or city ordinance for at least two times.

Section 2. Instead of bail, the person charged with any offense contemplated by Section 1 hereof
shall be required to sign in the presence of two witnesses of good standing in the community a
sworn statement binding himself, pending final decision of his case, to report to the Clerk of the
Court hearing his case periodically every two weeks. The Court may, in its discretion and with
the consent of the person charged, require further that he be placed under the custody and subject
to the authority of a responsible citizen in the community who may be willing to accept the
responsibility. In such a case the affidavit herein mentioned shall include a statement of the
person charged that he binds himself to accept the authority of the citizen so appointed by the
Court. The Clerk of Court shall immediately report the presence of the accused person to the
Court. Except when his failure to report is for justifiable reasons including circumstances beyond
his control to be determined by the Court, any violation of this sworn statement shall justify the
Court to order his immediate arrest unless he files bail in the amount forthwith fixed by the
Court.

Section 3. This Act shall apply to all persons who, at the time of its approval, are under
temporary detention for inability to post bail for charges contemplated by Section 1 above.

Approved: August 4, 1969

[REPUBLIC ACT NO. 10389]

AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING

THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A
CRIMINAL CASE AND FOR OTHER PURPOSES

SECTION 1. Short Title. – This Act shall be known as the “Recognizance Act of 2012”.
SEC. 2. Statement of Policy. – It is the declared policy of the State to promote social justice in all
phases of national development, including the promotion of restorative justice as a means to
address the problems confronting the criminal justice system such as protracted trials, prolonged
resolution of cases, lack of legal representation, lack of judges, inability to post bail bond,
congestion in jails, and lack of opportunity to reform and rehabilitate offenders. In consonance
with the principle of presumption of innocence, the 1987 Philippine Constitution recognizes and
guarantees the right to bail or to be released on recognizance as may be provided by law. In
furtherance of this policy, the right of persons, except those charged with crimes punishable
by death, reclusion perpetua, or life imprisonment, to be released on recognizance before
conviction by the Regional Trial Court, irrespective of whether the case was originally filed in
or appealed to it, upon compliance with the requirements of this Act, is hereby affirmed,
recognized and guaranteed.

SEC. 3. Recognizance Defined. – Recognizance is a mode of securing the release of any person
in custody or detention for the commission of an offense who is unable to post bail due to abject
poverty. The court where the case of such person has been filed shall allow the release of the
accused on recognizance as provided herein, to the custody of a qualified member of the
barangay, city or municipality where the accused resides.

SEC. 4. Duty of the Courts. – For purposes of stability and uniformity, the courts shall use their
discretion, in determining whether an accused should be deemed an indigent even if the salary
and property requirements are not met. The courts may also consider the capacity of the accused
to support not just himself/herself but also his/her family or other people who are dependent on
him/her for support and subsistence.

Other relevant factors and conditions demonstrating the financial incapacity of the accused at the
time that he/she is facing charges in court may also be considered by the courts for the purpose
of covering as many individuals belonging to the marginalized and poor sectors of society.

SEC. 5. Release on Recognizance as a Matter of Right Guaranteed by the Constitution. – The

release on recognizance of any person in custody or detention for the commission of an offense
is a matter of right when the offense is not punishable by death, reclusion perpetua, or life
imprisonment: Provided, That the accused or any person on behalf of the accused files the
application for such:

(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities and Municipal Circuit Trial Court; and

(b) Before conviction by the Regional Trial Court: Provided, further, That a person in custody
for a period equal to or more than the minimum of the principal penalty prescribed for the
offense charged, without application of the Indeterminate Sentence Law, or any modifying
circumstance, shall be released on the person’s recognizance.

SEC. 6. Requirements. – The competent court where a criminal case has been filed against a
person covered under this Act shall, upon motion, order the release of the detained person on
recognizance to a qualified custodian: Provided, That all of the following requirements are
complied with:

(a) A sworn declaration by the person in custody of his/her indigency or incapacity either to post
a cash bail or proffer any personal or real property acceptable as sufficient sureties for a bail
bond;

(b) A certification issued by the head of the social welfare and development office of the
municipality or city where the accused actually resides, that the accused is indigent;

(c) The person in custody has been arraigned;

(d) The court has notified the city or municipal sanggunian where the accused resides of the
application for recognizance. The sanggunian shall include in its agenda the notice from the
court upon receipt and act on the request for comments or opposition to the application within
ten (10) days from receipt of the notice. The action of the sanggunian shall be in the form of a
resolution, and shall be duly approved by the mayor, and subject to the following conditions:
(1) Any motion for the adoption of a resolution for the purpose of this Act duly made before the
sanggunian shall he considered as an urgent matter and shall take precedence over any other
business thereof: Provided, That a special session shall be called to consider such proposed
resolution if necessary;

The resolution of the sanggunian shall include in its resolution a list of recommended
organizations from whose members the court may appoint a custodian.

(2) The presiding officer of the sanggunian shall ensure that its secretary shall submit any
resolution adopted under this Act within twenty-four (24) hours from its passage to the mayor
who shall act on it within the same period of time from receipt thereof;

(3) If the mayor or any person acting as such, pursuant to law, fails to act on the said resolution
within twenty-four (24) hours from receipt thereof, the same shall be deemed to have been acted
upon favorably by the mayor;

(4) If the mayor or any person acting as such, pursuant to law, disapproves the resolution, the
resolution shall be returned within twenty-four (24) hours from disapproval thereof to the
sanggunian presiding officer or secretary who shall be responsible in informing every member
thereof that the sanggunian shall meet in special session within twenty-four (24) hours from
receipt of the veto for the sole purpose of considering to override the veto made by the mayor.

For the purpose of this Act, the resolution of the sanggunian of the municipality or city shall be
considered final and not subject to the review of the Sangguniang Panlalawigan, a copy of which
shall be forwarded to the trial court within three (3) days from date of resolution.

(e) The accused shall be properly documented, through such processes as, but not limited to,
photographic image reproduction of all sides of the face and fingerprinting: Provided, That the
costs involved for the purpose of this subsection shall be shouldered by the municipality or city
that sought the release of the accused as provided herein, chargeable to the mandatory five
percent (5%) calamity fund in its budget or to any other available fund in its treasury; and

(f) The court shall notify the public prosecutor of the date of hearing therefor within twenty-four
(24) hours from the filing of the application for release on recognizance in favor of the accused:
Provided, That such hearing shall be held not earlier than twenty-four (24) hours nor later than
forty-eight (48) hours from the receipt of notice by the prosecutor: Provided, further, That during
said hearing, the prosecutor shall be ready to submit the recommendations regarding the
application made under this Act, wherein no motion for postponement shall be entertained.

SEC. 7. Disqualifications for Release on Recognizance. – Any of the following circumstances

shall be a valid ground for the court to disqualify an accused from availing of the benefits
provided herein:

(a) The accused had made untruthful statements in his/her sworn affidavit prescribed under
Section 5(a);

(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime
aggravated by the circumstance of reiteration;

(c) The accused had been found to have previously escaped from legal confinement, evaded
sentence or has violated the conditions of bail or release on recognizance without valid
justification;

(d) The accused had previously committed a crime while on probation, parole or under
conditional pardon;

(e) The personal circumstances of the accused or nature of the facts surrounding his/her case
indicate the probability of flight if released on recognizance;

(f) There is a great risk that the accused may commit another crime during the pendency of the
case; and
(g) The accused has a pending criminal case which has the same or higher penalty to the new
crime he/she is being accused of.

SEC. 8. Qualifications of the Custodian of the Person Released on Recognizance. – Except in

cases of children in conflict with the law as provided under Republic Act No. 9344, the custodian
of the person released on recognizance must have the following qualifications:

(a) A person of good repute and probity;

(b) A resident of the barangay where the applicant resides;

(c) Must not be a relative of the applicant within the fourth degree of consanguinity or affinity;
and

(d) Must belong to any of the following sectors and institutions: church, academe, social welfare,
health sector, cause-oriented groups, charitable organizations or organizations engaged in the
rehabilitation of offenders duly accredited by the local social welfare and development officer.

If no person in the barangay where the applicant resides belongs to any of the sectors and
institutions listed under paragraph (d) above, the custodian of the person released on
recognizance may be from the qualified residents of the city or municipality where the applicant
resides.

SEC. 9. Duty of the Custodian. – The custodian shall undertake to guarantee the appearance of
the accused whenever required by the court. The custodian shall be required to execute an
undertaking before the court to produce the accused whenever required. The said undertaking
shall be part of the application for recognizance. The court shall duly notify, within a reasonable
period of time, the custodian whenever the presence of the accused is required. A penalty of six
(6) months to two (2) years imprisonment shall be imposed upon the custodian who failed to
deliver or produce the accused before the court, upon due notice, without justifiable reason.

SEC. 10. Role of the Probation Officer. – Upon release of the person on recognizance to the
custodian, the court shall issue an order directing the Probation Office concerned to monitor and
evaluate the activities of such person. The Probation Office concerned shall submit a written
report containing its findings and recommendations on the activities of the person released on
recognizance on a monthly basis to determine whether or not the conditions for his/her release
have been complied with. The prosecution including the private complainant, if any, shall be
given a copy of such report.

SEC. 11. Arrest of a Person Released on Recognizance. – The court shall order the arrest of the
accused, who shall forthwith be placed under detention, due to any of the following
circumstances:

(a) If it finds meritorious a manifestation made under oath by any person after a summary
hearing, giving the accused an opportunity to be heard;

(b) If the accused fails to appear at the trial or whenever required by the abovementioned court or
any other competent court without justification, despite due notice;

(c) If the accused is the subject of a complaint for the commission of another offense involving
moral turpitude and the public prosecutor or the mayor in the area where the offense is
committed recommends the arrest to the court; or

(d) If it is shown that the accused committed an act of harassment such as, but not limited to,
stalking, intimidating or otherwise vexing private complainant, prosecutor or witnesses in the
case pending against the accused: Provided, That upon the issuance by the court of such order,
the accused shall likewise become the proper subject of a citizen’s arrest pursuant to the Rules of
Court.

SEC. 12. No Release on Recognizance After Final Judgment or Commencement of Sentence;

Exception. – The benefits provided under this Act shall not be allowed in favor of an accused
after the judgment has become final or when the accused has started serving the sentence:
Provided, That this prohibition shall not apply to an accused who is entitled to the benefits of the
Probation Law if the application for probation is made before the convict starts serving the
sentence imposed, in which case, the court shall allow the release on recognizance of the convict
to the custody of a qualified member of the barangay, city or municipality where the accused
actually resides.

THE DEVIL IN THE DETAILS OF THE RECOGNIZANCE ACT OF 2012

(Why The Requirements In Granting Release on Recognizance To An Indigent
Accused May Actually Hinder His Release) By Obiter07

Released on recognizance is “a mode of securing the release of any person in custody or

detention for the commission of an offense who is unable to post bail due to abject poverty.
The court where the case of such person has been filed shall allow the release of the accused
on recognizance as provided herein, to the custody of a qualified member of the barangay,
city or municipality where the accused resides (Section 3).” Hence, an indigent accused will be
allowed temporary liberty, albeit to a custodian.

Typically, an accused has to post bail in order to be given provisional liberty. Under Section 1,
Rule 114 of the Rules of Court, BAIL “is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance.” An indigent would normally
have no ready access to a surety, to a bond or to a cash deposit.

Under Section 15 of Rule 114, “whenever allowed by law or these Rules, the court may release
a person in custody on his own recognizance or that of responsible person.” Prior to the
Recognizance Act, release on recognizance was allowed for violation of ordinances and offenses
where the penalty is not higher than arresto mayor (i.e., from one month and one day to six
months) and/or a fine of P2,000 or both, for youthful offenders under P.D. No. 603 (The Child
and Youth Welfare Code) and under P.D. No 968, where the defendant is unable to post bail
pending resolution of a petition for probation. 1[1]

The court has discretion to determine whether an accused is indigent even if the salary and
property requirements are not met. It can consider the “capacity of the accused to support not
just himself/herself but also his/her family or other people who are dependent on him/her for
support and subsistence (Section 4).”

A custodian guarantees “the appearance of the accused whenever required by the court. The
custodian shall be required to execute an undertaking before the court to produce the accused
whenever required. The said undertaking shall be part of the application for recognizance. The
court shall duly notify, within a reasonable period of time, the custodian whenever the
presence of the accused is required. A penalty of six (6) months to two (2) years imprisonment
shall be imposed upon the custodian who failed to deliver or produce the accused before the
court, upon due notice, without justifiable reason. (Section 9)”

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR

AND FOR OTHER PURPOSES

Probation Law of 1976.

1
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
An application for probation shall be filed with the trial court, with notice to the appellate court if
an appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. 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.

Section 6. Form of Investigation Report. The investigation report to be submitted by the

probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to
the court the investigation report on a defendant not later than sixty days from receipt of the
order of said court to conduct the investigation. The court shall resolve the petition for probation
not later than five days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of a responsible member of the community
who shall guarantee his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender

may be placed on probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively
by his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit
another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
 (a) present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the order within seventy-two hours from receipt of said
order;

(b) report to the probation officer at least once a month at such time and place as
specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without
the prior written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter
and remain in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of

persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place
or work;

(j) reside at premises approved by it and not to change his residence without its prior
written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.

Section 11. 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.

Section 12. Modification of Condition of Probation. During the period of probation, the court
may, upon application of either the probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify either the probationer or the probation
officer of the filing such an application so as to give both parties an opportunity to be heard
thereon.

The court shall inform in writing the probation officer and the probationer of any change in the
period or conditions of probation.

Section 13. Control and Supervision of Probationer. 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.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the Court of First Instance of that
place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the power with respect to him
that was previously possessed by the court which granted the probation.
Section 14. Period of Probation.

(a) 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.

(b) 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 thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the
court may issue a warrant for the arrest of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary, of the violation charged. The
defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding
release on bail of persons charged with a crime shall be applicable to probationers arrested under
this provision. If the violation is established, the court may revoke or continue his probation and
modify the conditions thereof. If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of probation or modifying the terms
and conditions thereof shall not be appealable.

Section 16. 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.

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend 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.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the probationer make
such disclosure desirable or helpful: Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration.

REPUBLIC ACT No. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS

THE “PROBATION LAW OF 1976”, AS AMENDED

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended
to read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may,
after it shall have convicted and sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an appeal, suspend the execution
of the sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best. No application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified decision before such decision becomes
final. The application for probation based on the modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-probationable penalty was rendered, or in the
trial court where such case has since been re-raffled. In a case involving several defendants
where some have taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of the judgment of
conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence
imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of
the modified decision which already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.1âwphi1

“An order granting or denying probation shall not be appealable.”

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6)
years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished
by imprisonment of more than six (6) months and one (1) day and/or a fine of
more than one thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.”

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 16. 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.

“The final discharge of the probationer shall operate to restore to him all civil rights lost
or suspended as a result of his conviction and to totally extinguish his criminal liability as
to the offense for which probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such
order.”

REPUBLIC ACT No. 6127 is another law that helps decongest the Philippine jails.

Section 1 thereof amends Article 29 of the Revised Penal Code to read as follows:

"Art. 29. Period of preventive imprisonment deducted from term of imprisonment.

Offenders who have undergone preventive imprisonment shall be credited in the service
of their sentence consisting of deprivation of liberty, with the full time during which they
have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon convicted prisoners,
except in the following cases:
 1. When they are recidivists, or have been convicted previously twice or more
times of any crime; and

2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily;

"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of his sentence
with four-fifths of the time during which he has undergone preventive imprisonment."

The Difference Between Pardon And Amnesty

By definition as defined under Section 1 of Proclamation No. 724:

Section 1. Grant of Amnesty. – Amnesty is hereby granted to all persons who shall apply
therefor and who have or may have committed crimes, on or before June 1, 1995, in pursuit of
their political beliefs, whether punishable under the Revised Penal Code or special laws,
including but not limited to the following: rebellion or insurrection; coup d’etat; conspiracy and
proposal to commit rebellion, insurrection, or coup d’etat; disloyalty of public officers or
employees; inciting to rebellion or insurrection; sedition; conspiracy to commit sedition;
inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault;
resistance and disobedience to a person in authority or agents of such person; tumults and other
disturbances of public order; unlawful use of means of publication and unlawful utterances;
alarms and scandals; illegal possession of firearms, ammunitions, and explosives, committed in
furtherance of, incident to, or in connection with the crimes of rebellion and insurrection; and
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 gentleman), and 97 (general article) of the Articles of War; Provided, That the amnesty
shall not cover crimes against chastity and other crimes for personal ends.

On the other hand, pardon is defined under the provisions of Act No. 4103 as:

SEC. 1. Policy Objectives - Under the provisions of Act No. 4103, as amended, otherwise known
as the "Indeterminate Sentence Law", which was approved on December 5, 1933, it is the
function of the Board of Pardons and Parole to uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty by
way of parole or through executive clemency. Towards this end, the Board undertakes the
following:

1. Looks into the physical, mental and moral records of prisoners who are eligible for parole or
any form of executive clemency and determines the proper time of release of such prisoners on
parole; 

2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon
with parole conditions, by way of parole supervision; and, 

3. Recommends to the President of the Philippines the grant of any form of executive clemency to
prisoners other than those entitled to parole.

Rules on Parole and Pardon

The controversial plan of Pres. Gloria Arroyo to pardon former Pres. Joseph Estrada, who has
been convicted of the crime of plunder (penalty of reclusion perpetua) should be well studied in
relation to, inter alia (among others), the rules implementing Act No. 4103, quoted in full below.
(See: http://www.doj.gov.ph).
Pursuant to the provisions of Section 4 of Act No. 4103, "The Indeterminate Sentence Law", as
amended, the following Rules and Regulations are hereby promulgated to govern the actions and
proceedings of the Board of Pardons and Parole:

I. GENERAL PROVISIONS

SEC. 1. Policy Objectives - Under the provisions of Act No. 4103, as amended, otherwise
known as the "Indeterminate Sentence Law", which was approved on December 5, 1933, it is the
function of the Board of Pardons and Parole to uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty by
way of parole or through executive clemency. Towards this end, the Board undertakes the
following:

1. Looks into the physical, mental and moral records of prisoners who are eligible for parole
or any form of executive clemency and determines the proper time of release of such
prisoners on parole;

2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon
with parole conditions, by way of parole supervision; and,

3. Recommends to the President of the Philippines the grant of any form of executive
clemency to prisoners other than those entitled to parole.

l. "Parole" refers to the conditional release of an offender from a correctional institution after
he has served the minimum of his prison sentence;

m. "Executive Clemency" refers to Reprieve, Absolute Pardon, Conditional Pardon with or

without Parole Conditions and Commutation of Sentence as may be granted by the
President of the Philippines;

n. "Reprieve" refers to the deferment of the implementation of the sentence for an interval of
time; it does not annul the sentence but merely postpones or suspends its execution;

o. "Commutation of Sentence" refers to the reduction of the duration of a prison sentence of a

prisoner;

p. "Conditional Pardon" refers to the exemption of an individual, within certain limits or

conditions, from the punishment which the law inflicts for the offense he had committed
resulting in the partial extinction of his criminal liability;

q. "Absolute Pardon" refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition. It restores to the individual his civil and
political rights and remits the penalty imposed for the particular offense of which he was
convicted;

SEC. 3. National Prisoner Confined in a Local Jail - The Board may not consider the release
on pardon/parole of a national prisoner who is serving sentence in a municipal, city, district or
provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond
the prisoner's control.

A national prisoner, for purposes of these Rules, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine of more than five thousand pesos; or
regardless of the length of sentence imposed by the Court, to one sentenced for violation of the
customs law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it,
or to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the
period of three (3) years.
SEC. 4. Scope of Authority - The Board may consider the case of a prisoner for executive
clemency or parole only after his case has become final and executory. It will not take action on
the petition of a prisoner who has a pending criminal case in court or when his case is on appeal.

In case the prisoner has one or more co-accused who had been convicted, the Director/Warden
concerned shall forward their prison records and carpetas at the same time.

II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE

SEC. 5. 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"

Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.

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

SEC. 6. Contents of Petition - A petition for parole/executive clemency shall state the name of
the prisoner, his age, previous criminal record, if any, whether a Filipino citizen or an alien and,
if a naturalized Filipino, his former nationality and date of naturalization, his previous
occupation, place of residence, present crime for which he was convicted, the trial/appellate
court, his penalty of imprisonment, fine, indemnity and the commencing date thereof, the jail or
prison to which he was committed and/or where he is presently confined, the date he was
received for confinement, the grounds upon which executive clemency is being asked and
certification from the trial court that his case is not on appeal.

In addition to the above-mentioned data, a petition for absolute pardon shall be under oath and
shall include the date the petitioner was released from prison after service of sentence or released
on parole/pardon or terminated from probation.

SEC. 7. Supporting Documents of Petition for Absolute Pardon - The petition for absolute
pardon shall be accompanied by -

a. the affidavits of at least two (2) responsible members of the community where the
petitioner resides. The affidavits shall, among others, state that the petitioner has
conducted himself in a moral and law-abiding manner since his release from prison and
shall indicate the petitioner's occupation and his social activities including religious
involvement;

b. the clearances from the National Bureau of Investigation, the Philippine National Police,
the Prosecutor's Office, the Municipal Circuit Trial Court, the Municipal Trial Court, the
Municipal Trial Court in Cities, the Metropolitan Trial Court and the Regional Trial
Court where petitioner resides;

c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from the
City/Municipal Treasurer or Probation and Parole Officer on his financial condition; and,

d. proof of service of sentence or certificate of Final Release and Discharge or court's

Termination Order of probation.

SEC. 8. Referral of Petition for Absolute Pardon to a Probation and Parole Officer - Upon receipt
of a petition for absolute pardon, the Board shall refer the petition to a Probation and Parole Officer who
shall conduct an investigation on the conduct and activities, as well as the social and economic
conditions, of the petitioner prior to his conviction and since his release from prison and submit a report
thereof within fifteen (15) days from receipt of the referral.

SEC. 9. Referral of Petition for Executive Clemency/Parole to Other Government Agencies - A

petition for executive clemency shall be referred by the Board to the Secretary of National Defense for
comment and recommendation if the crime committed by the petitioner is against national security or
public order or law of nations. In case of violation of election laws, rules and regulations, a petition for
executive clemency/parole shall be referred to the Commission on Elections for favorable
recommendation, provided, however, that regardless of the crime committed, a petition for executive
clemency/parole may be referred for a pre-parole/executive clemency investigation to a Probation and
Parole Officer who shall submit a report on the behaviour, character antecedents, mental and physical
condition of the petitioner within thirty (30) days from receipt of referral, to include the results of the
National Bureau of Investigation records check.

In case of an alien, the petition shall be referred to the Department of Foreign Affairs for comment and
recommendation.

III. EXECUTIVE CLEMENCY

SEC. 10. Review of Cases for Executive Clemency - Petitions for executive clemency may be
reviewed if the prisoners meet the following minimum requirements :

A. For Commutation of Sentence -

1. the prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate
and/or definite sentence or the aggregate minimum of his indeterminate and/or definite
sentences.
2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment
for crimes or offenses committed before January 1, 1994.
3. at least twelve (12) years for prisoners whose sentences were adjusted to a definite prison
term of forty (40) years in accordance with the provisions of Article 70 of the Revised
Penal Code, as amended.
4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic
Act No. 7659 and other special laws committed on or after January 1, 1994 and sentenced
to one or more Reclusion Perpetua or Life imprisonment
5. at least twenty (20) years in case of one (1) or more Death penalty/penalties, which
was/were automatically reduced or commuted to one (1) or more Reclusion Perpetua or
Life imprisonment;

B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the minimum of
his original indeterminate and/or definite sentence. However, in the case of a prisoner who is
convicted of a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall
have served at least one-half (1/2) of the maximum of his original indeterminate sentence before
his case may be reviewed for conditional pardon.

C. For Absolute Pardon, after he has served his maximum sentence or granted final release and
discharge or court termination of probation. However, the Board may consider a petition for
absolute pardon even before the grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an
appointive/elective public position or reinstatement in the government service; (2) needs medical
treatment abroad which is not available locally; (3) will take any government examination; or (4)
is emigrating.

SEC. 11. 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.

IV. PAROLE
SEC. 13. Review of Cases for Parole - Unless otherwise disqualified under Section l5 of these Rules, a
case for parole of a prisoner shall be reviewed upon a showing that he is confined in prison or jail to
serve an indeterminate sentence, the maximum period of which exceeds one (1) year, pursuant to a final
judgment of conviction and that he has served the minimum period of said sentence.

SEC. 14. Grant of Parole - A prisoner may be granted parole whenever the Board finds that there is a
reasonable probability that if released, he will be law-abiding and that his release will not be
incompatible with the interest and welfare of society.

SEC. 15. Disqualification for Parole - The following prisoners shall not be granted parole:

a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date
of release from prison or last conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa and falsification, are found guilty of any of said crimes a third time or
oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite
sentence;
i. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.

SEC. 16. Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness

Compromised - If, based on the Pre-Parole Investigation Report conducted on the prisoner, there is a
clear and convincing evidence that his release on parole will endanger his own life and those of his
relatives or the life, safety and well-being of the victim, his relatives, his witnesses and the community,
the release of the prisoner shall be deferred until the danger ceases.

V. PROCEEDINGS OF THE BOARD

SEC. 17. Interview of Prisoners - Any Board member or government official authorized by the
Board may interview prisoners confined in prison or jail to determine whether or not they may be
released on parole or recommended for executive clemency.

The Board or its authorized representatives shall interview an inmate who was sentenced to
Reclusion Perpetua or Life imprisonment, or whose sentence had been commuted from Death to
Reclusion Perpetua.

Before an interview, the Board may require a prisoner convicted of a heinous crime as defined
under Republic Act No. 7659 and other special laws to undergo psychological/psychiatric
examination if the prisoner has a history of mental instability, or in any case, if the Board finds a
need for such examination in the light of the nature of the offense committed or manner of its
commission.

SEC. 18. Publication of those Eligible for Executiv Clemency/Parole - The Board shall cause
the publication in a newspaper of general circulation the names of prisoners convicted of heinous
crimes or those sentenced by final judgment to Reclusion Perpetua or Life imprisonment, who
may be considered for release on parole or for recommendation for absolute or conditional
pardon.

SEC. 19. Objections to Petitions - When an objection is filed, the Board may consider the same
by requesting the person objecting to attach thereto evidence in support thereof. In no case,
however, shall an objection disqualify from executive clemency/parole the prisoner against
whom the objection is filed.

SEC. 20. Documents to be Considered - The carpeta and prison record of the prisoner and
other relevant documents, such as the mittimus or commitment order, prosecutor's information
and trial/appellate court's decision of the case of the prisoner shall be considered by the Board in
deciding whether or not to recommend executive clemency or to grant parole.

In case the prisoner has one or more co-accused who had been convicted, the Board shall
consider at the same time the prison records and carpetas of said co-accused.

SEC. 21. Factors to be Considered in Petition for Conditional Pardon, Commutation of

Sentence or Parole - The following factors may be considered by the Board in the grant of
conditional pardon, commutation of sentence or parole:

a. the age of the petitioner, the gravity of the offense and the manner in which it was
committed, and the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release; c. a showing that the
petitioner has a place where he will reside;
c. availability of after-care services for the petitioner who is old, seriously ill or suffering
from a physical disability;
d. attitude towards the offense and the degree of remorse; and,
e. the risk to other persons, including the victim, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and friends.

SEC. 22. Special Factors - The Board may give special consideration to the recommendation
for commutation of sentence or conditional pardon whenever any of the following circumstances
are present:

a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple
or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate
court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose
a grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be
served thereby.

SEC. 34. Transfer of Residence - A client may not transfer from the place of residence
designated in his Release Document without the prior written approval of the Regional Director
subject to the confirmation by the Board.

SEC. 35. 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.

SEC. 37. Death of Client - If a client dies during supervision, the Probation and Parole Officer
shall immediately transmit a certified true copy of the client's death certificate to the Board
recommending the closing of the case. However, in the absence of a death certificate, an affidavit
narrating the circumstances of the fact of death from the barangay chairman or any authorized
officer or any immediate relative where the client resided, shall suffice.

VII. INFRACTION/VIOLATION OF THE TERMS AND

CONDITIONS OF THE RELEASE DOCUMENT

SEC. 38. Progress Report - When a parolee/pardonee commits another offense during the
period of his parole surveillance, and the case filed against him has not yet been decided by the
court, a Progress Report should be submitted by the Probation and Parole Officer to the Board.

SEC. 39. 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. The report shall be called Infraction Report when the client has been
subsequently convicted of another crime.

SEC. 40. Arrest of Client - Upon receipt of an Infraction Report, the Board may order the arrest
or recommitment of the client.

SEC. 41. 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, or incomplete or that the client had
willfully or maliciously concealed material information from the Board.

SEC. 43. Review of Case of Recommitted Parolee - The Board may consider the case of a
recommitted parolee for the grant of a new parole after the latter shall have served one-fourth
(1/4) of the unserved portion of his maximum sentence.

VIII. TERMINATION OF PAROLE AND CONDITIONAL

PARDON SUPERVISION

SEC. 44. Certificate of Final Release and Discharge - After the expiration of the maximum
sentence of a client, the Board shall, upon the recommendation of the Chief Probation and Parole
Officer that the client has substantially complied with all the conditions of his parole/pardon,
issue a certificate of Final Release and Discharge to a parolee or pardonee. However, even before
the expiration of maximum sentence and upon the recommendation of the Chief Probation and
Parole Officer, the Board may issue a certificate of Final Release and Discharge to a
parolee/pardonee pursuant to the provisions of Section 6 of Act No. 4103, as amended.

The clearances from the police, court, prosecutor's office and barangay officials shall be attached
to the Summary Report.

Sec. 45. Effect of Certificate of Final Release and Discharge - Upon the issuance of a
certificate of Final Release and Discharge, the parolee/pardonee shall be finally released and
discharged from the conditions appearing in his release document. However, the accessory
penalties of the law which have not been expressly remitted therein shall subsist.
Indeterminate Sentence Law
Thursday, May 24, 2012
in Criminal, Law, Remedial
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This law is related to the probation law.

The purposes of this law are the following:

1.) Promote the prisoner's reformation by allowing him to serve sentence under a parole officer
2.) Decongest the jails by allowing prisoners to be admitted into parole
3.) Allow the government to save money on maintaining the jails
4.) Prevent the prisoners' economic usefulness from going to waste.

The indeterminate sentence law is an old law, dating back to the American period -as can be seen
from its number: Act 4103 as amended by Act 4225. It's "Act," not RA or CA. It affects all
criminal laws, whether from the Revised Penal Code or not so long as they don't fall into the
instances enumerated by the indeterminate sentence law itself. Those instances are:

1.) Crimes punishable by death or life imprisonment

2.) Those convicted of treason, conspiracy or proposal to commit treason
3.) Those convicted of misprision of treason, rebellion, sedition or espionage
4.) Those convicted of piracy
5.) Habitual delinquents (but recidivists can qualify for indeterminate sentence -they're not the
same as habitual offenders)
6.) Those who escaped from confinement/service or sentence
7.) Those who were granted conditional pardon but violated the terms of the pardon
8.) In case the maximum prison term doesn't exceed 1 year
9.) Those already serving sentence when the indeterminate sentence law took effect (no longer
applicable because they're all dead)

Anybody who commits a crime falling under any of the above instances can't qualify for
indeterminate sentence. Consequently, a person who violated the Dangerous Drugs Act can
qualify for indeterminate sentence if the maximum penalty he's facing isn't in life imprisonment;
the death penalty was repealed in 2006 by RA 9346.

The indeterminate sentence law is all about parole. If convicted an indeterminate sentence is
imposed by the court, depending on the law in question. There are 2 possible scenarios:

1.) If the law is part of the Revised Penal Code

The maximum penalty is fixed in accordance with the rules of the Revised Penal Code, taking
into account the attending circumstances. The minimum penalty will be put within the range of
the penalty next lower than what the Revised Penal Code has prescribed. In case of a complex
crime (i.e. when a single act produces 2 or more crimes,) the full range of the penalty next lower
in degree will be considered in determining the minimum penalty.

2.) If the law in question is a special law

The maximum term can't exceed the maximum that the law in question has prescribed and the
minimum can't be less than the prescribed minimum.

In case the penalty comes from the result of a plea-bargaining, the minimum penalty will be the
one lower than that of the downgraded offense.

Minimum and maximum penalties are specified in order to prevent unnecessary deprivation of
liberty and enhance his economic usefulness. The maximum penalty is necessary for the
imposition of accessory penalties while the minimum penalty is important to allow the prisoner
the chance for parole. In short, he is given a chance to redeem himself.

Once the minimum term is served, the prisoner becomes eligible for parole if he proves that he
has complied with the conditions imposed on him when he was made to serve sentence. Parole
doesn't mean a person has fully served sentence, however. It means that he is allowed to serve
the remainder of his sentence out of jail but under the supervision of an appointed parole officer.
He is required to report to this parole officer on appointed dates for the remainder of the prison
term. During parole, the prisoner released on parole must apply himself to a legitimate
occupation and prove himself to be a law-abiding citizen. His residence will be fixed and
changed from time to time under the discretion of the Board of Indeterminate Sentence/Board of
Pardons and Parole. The board can issue a final certification of release if the paroled prisoner has
proven himself to be a law-abiding citizen.

If he violates the terms and conditions of his parole he can be arrested again. If that happens, he
will have to serve the remaining term of his prison sentence behind bars.

Indeterminate Sentence Law (ISLAW): How to determine maximum and

minimum penalties (Act no 4103 as amended)

The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in
any of the following exceptions:

1. if sentenced with a penalty of death or life imprisonment

2. if convicted of treason, conspiracy, proposal to commit treason
3. if convicted of misprision of treason, sedition, rebellion or espionage
4. if convicted of piracy
5. if the offender is a habitual delinquent
6. those who escaped from prison or evaded sentence
7. those who violated the terms of conditional pardon of the chief executive
8. where the maximum term of imprisonment does not exceed 1 year (important!)
9. if convicted by final judgement at the time of the effectivity of Act No. 4103
10. if penalized with suspension or destierro

If accused fall in any of the foregoing exceptions. DO NOT APPLY ISLAW!

ISLAW applies to offenses punished by Special Law and Revised Penal Code.

Why is ISLAW mandatory?

In the application of the Indeterminate Sentence Law the judge will get the maximum penalty
and likewise the minimum penalty. If the accused was already able to serve the minimum term of
his indeterminate sentence and upon the approval of the Board, the accused now becomes
eligible for parole. ISLAW is favorable to the accused.

If the accused was granted parole and violated some conditions of the parole, What will
happen?

A warrant of arrest will be issued by the court and the accused will be made to serve the rest of
the remaining or unexpired portion of his sentence. (But in probation you go back to number 1,
serving of sentence will be from the beginning)

Application of ISLAW:

How to get maximum and minimum penalty in Special Law:

1. The maximum penalty should NOT exceed the maximum provided for by that law.
2. The minimum penalty should NOT fall below the minimum provided by the law.

How to get maximum and minimum penalty in Revised Penal Code:

Example: In the crime of homicide, under the Revised Penal Code, the offender is sentenced to
reclusion temporal.
The maximum penalty under the Indeterminate Sentence Law is reclusion temporal. But
reclusion temporal is a divisible penalty consisting of maximum, medium and minimum periods.
Which period will we place the maximum term of the Indeterminate Sentence?

Guide for determining the maximum penalty:

1. Determine the entire range of the penalty
2. Determine if there is mitigating or aggravating circumstance

Which period will the maximum penalty be placed?

In pursuant to art 64, when there is no mitigating and no aggravating circumstance, it should be
placed at the medium period. Thus, the maximum penalty for the example above is reclusion
temporal in the medium period.

What is the minimum penalty now?

In getting the minimum penalty, the rule is to simply get the penalty one (1) degree lower from
the maximum penalty without taking into account the mitigating and aggravating circumstance.
Thus, the penalty one degree lower from reclusion temporal, without taking into account any
mitigating or aggravating circumstance, is prision mayor. Prision mayor is now the minimum
penalty for our example.

Important: If your maximum penalty is wrong, it follows that the minimum penalty will also be
wrong.

Again, prision mayor is a divisible penalty. Which period can it be placed?

Under the Indeterminate Sentence Law, it would depend upon the discretion of the court on
which period to place it. Thus, the minimum penalty is prision mayor in any of its period.

Factors that could affect the imposition of minimum penalty:

1. Age
2. Conduct during trial
3. Mental or physical condition

Suppose in the example above, 1 aggravating circumstance was proven. What is now the
maximum penalty?
It would still be reclusion temporal, but it shall be placed in the maximum period because of the
presence of 1 aggravating circumstance.

How about the minimum penalty?

It would still be 1 degree lower from reclusion temporal, which is prision mayor. In which
period? It shall be discretionary upon the court.

(More examples)

1 mitigating but NO aggravating

maximum penalty: reclusion temporal in the minimum period
minimum penalty: prision mayor in any period

2 mitigating, NO aggravating (privileged mitigating)

maximum penalty: prision mayor in the medium period
minimum penalty: prision correctional any period

The preceding example is an exception to the rule. If there is a privileged mitigating

circumstance, we take it into account first in order to obtain the proper maximum penalty. Then,
from that maximum penalty, we obtain the proper minimum penalty by getting the penalty 1
degree lower. Same rule applies as to the period of the minimum penalty.

Remember: It will never become a privileged mitigating circumstance if there is an aggravating

circumstance present. 8 mitigating and 1 aggravating will never become privileged mitigating
circumstance.

3 mitigating, NO aggravating
maximum penalty: prision mayor in the minimum period
minimum penalty: prision correctional any period

In the preceding example, there are 3 mitigating circumstance present and no aggravating
circumstance. The first two mitigating circumstance shall be a privileged mitigating
circumstance. Thus, the penalty will be reduced by 1 degree from reclusion temporal to prision
mayor. The 3rd mitigating circumstance shall place the penalty in the minimum period.

4 mitigating, NO aggravating
maximum penalty: prision correctional in the medium period (2 privileged circumstance. Thus
we lower by 2 degrees)
minimum penalty: arresto mayor any period

5 mitigating, NO aggravating
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period

At most we can only lower by 2 degrees. Thus, if there are 6 mitigating circumstance and NO
aggravating:
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period

How is Indeterminate Sentence Law applied in complex crimes (Article 48)?

A complex crime is punished by the most serious offense and shall be imposed in its maximum
period.

Example: Estafa through falsification of public documents.

Under the Revised Penal Code, falsification of public documents (Article 171) is a more serious
offense punished by prision mayor than estafa (Article 315), punished only by prision
correctional.

Thus, applying the Indeterminate Sentence Law, the maximum penalty for estafa through
falsification of public documents shall be prision mayor in the maximum period. Minimum
penalty shall be prision correctional, any period.

Suppose there was 1 mitigating circumstance proven. Maximum penalty would still be prision
mayor in the maximum period. In pursuant to Article 48, even if there is a mitigating
circumstance present, it should still be imposed at the maximum period.

How about if there are 2 mitigating circumstance and no aggravating?

The rule is, if it is a privileged mitigating circumstance, we lower by the penalty by one degree
but still place it at the maximum period. Thus, the maximum penalty shall be prision correctional
in the maximum period.

4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period