NON-INSTITUTIONAL CORRECTIONS

Prepared by: Louwella Joy D. Javelosa, RCrim

Non-Institutional Corrections or Community-based programs- It refers to the

correctional activities that may takes place within the community, where the person is
subjected to the following privileges such as Probation, Parole and Executive
Clemencies.
______________________________________________________________________

PROBATION
Is a judicial disposition after which the defendant after conviction and sentence, is
released subject to the conditions imposed by the court and the supervision of the
probation officer.
The concept of probation, from Latin word probatio – meaning “testing period”.

HISTORY OF PROBATION
John Augustus, a Boston boot maker was held as the "Father of Probation"/ “Father
of Probation in United States of America”.
 He coined the word "probation" which he derived from the Latin word "probare"
which means "to prove, to test".
 His method of providing bail for temporary suspension or postponement of sentence
during which he offered assistance by way of counsel, finding homes, securing
employment and helping the offenders solve their family difficulties in adjustment.
 Even though there were traces of practices similar to his system of probation dating
back to 437 B.C. Probation first developed in United States when John Augustus,
persuaded a judge in Boston Police Court in 1841 to give him custody of convicted
offender, a “common drunkard”, for a brief period then helped the man to appear
rehabilitated by the time of sentencing.

Matthew Davenport Hill, held as the “Father of Probation in England”- an English

lawyer and penologist. Taking interest in questions relating to the treatment of criminal
offenders, he publicly aired opinions which were the means of introducing many reforms
in the methods of dealing with crime.
 An English magistrate practiced his methods which includes suspending judgment
and releasing the convicts in his own recognizance with pledge not commit any
crimes. He worked for the guardianship of parents and employers of juvenile and the
first time offenders to save them from the stigma of prison life.

Edward N. Savage- a Boston chief of police was named probation officer and was held
as the first probation officer employed by the government.

GOVERNOR ALEXANDER B. RICE- The first probation law was passed on April 26,
1878 by the legislature of Massachusetts and was signed by Governor A. Rice. The first
statute provided for a paid probation officer for adult offenders. It provided for the
appointment and prescribed the duties of a salaried or paid probation officers for the
courts.
FATHER COOK also from Boston, became interested in youth who were tried before in
courts in and whose cases were due to circumstances rather than character.
 After investigating each case and finding the offender not too hardened and still
susceptible to reform, he made himself available to the court as adviser to these
offenders. Judges realize the importance of his work in reform of the young criminals
so that they placed convicted young offenders under his charge in 1878.

The following practices were regarded by penologist as precursors of probation:

1. Benefit of the Clergy- during the time where the influence of church which has so
vast that even monarchs follow its decree, an erring member of the clergy who
has been brought to trial to examined by the kings’ court may be claimed by
the bishop or chaplain on the grounds that clergymen are subject to the
authority and jurisdiction of the ecclesiastical courts. Leniency has been
manifested in sentencing of the said of the said jury if found guilty.
2. Judicial Reprieve- is a device of modifying the severity of the law, by temporary
suspension of the sentence imposed by the court. This practice was much used
by the early English judges and grew up at a time when new trials or appeals to
another court were impossible under the common law, but it continued in use
thereafter.
3. Recognizance- This has viewed as the practice which led to the development of
probation service in 1861. This is an old method of suspending or deferring
judgment involving an obligation or promise on the part of the offender sworn
under court order not to violate any law in the future and release is obtained
granting that those conditions were met.
4. Transportation- This refers to the old practice of exile or banishment which
lasted for an approximate period covering two centuries as the primary method of
dealing with criminal offenders. Colonies who benefit d from this method of
dispensing with prisoner got cheaper labor as a substitute for a harsh penalty.

HISTORY OF PROBATION IN THE PHILIPPINES

Presidential Decree 968 which established a probation system as a less costly
alternative to the imprisonment of offenders who are likely to respond to individualized,
community-based treatment programs is the second legislation that enforces a
probation system in the country. The first legislation was ACT NO. 4221 enacted by
the Probation Officer under the Department of Justice, led by a Chief Probation Officer
appointed by the American Governor General with the advice and consent of the U.S.
SENATE. However, because of some defects in the law Act No. 4221 was declared
unconstitutional on November 16, 1937 in the case of People vs. Vera (37 O.G. 164),
for undue delegation of legislative power.

In PEOPLE VS. VERA (37 O.G. 164). The constitutionality of the probation law (Act No.
4221) was challenged on three (3) grounds:
1. That said act encroaches upon the pardoning power of the chief
executive/president:
 2. That it constitutes an undue delegation of legislative power; and
3. That it denies the equal protection of laws.
The supreme court in declaring Act No. 4221 unconstitutional on November 16,
1937, held that the act was a surrender of legislative power to the provincial boards for
its application was left to their determination in providing for the salary appropriation and
also on the ground that not all provinces could afford financially to implement probation
consonant with the equal protection of law. It was considered class legislation. Under
this law probation existed only in cities and municipalities which were given
appropriations for said purpose by legislature. The first probation act stayed in the
statute books for only two (2) years. The ill-fated act was not repugnant to the 1935
constitution per se it was only the procedural framework that was antagonistic with the
constitution charter.
In 1966, HOUSE BILL NO. 393 sponsored by then Congressman TEODULO C.
NATIVIDAD and RAMON BAGATSING tried to revive the Probation System but did not
pass Congress.
PRESIDENTIAL DECREE NO. 603, otherwise known as the CHILD AND
YOUTH WELFARE CODE was passed to avail, PROBATION TO MINOR
OFFENDERS. It amended Article 80 of the Revise Penal Code by raising the age of
minority to under 21 years of age at the time of the commission of the offense.
The turning point of the Probation law came in the late 1974 when the National
Defense Secretary JUAN PONCE ENRILE as concurrent chairman of NAPOLCOM
created the Inter-Disciplinary Committee on crime Prevention chaired by then
commissioner TEODULO C. NATIVIDAD.
The NAPOLCOM, acting on a report submitted by the Philippine Delegation to
the 5th UN CONGRESS on the Prevention of Crime and the Treatment of Offenders,
created an interdisciplinary committee tasked with formulating a National Strategy to
Reduce Crime and drafting a Probation Law. On July 22-24 1976, the First National
Conference on strategy to reduce crime was held at Camp Aguinaldo, Quezon City.
This was attended by nearly 800 delegates, guest, and observers from various
components of the Criminal Justice System.
After many hearing and extensive consultations the draft decree was presented
to a selected group of 369 jurist, penologist, civic leaders and Social and Behavioral
Scientist and practitioners. These selected group overwhelmingly endorsed the
establishment of an ADULT PROBATION SYSTEM in the country.
Based on said endorsement, on July 24 1976, PRESIDENTIAL DECREE NO.
968, otherwise known as the ADULT PROBATION LAW OF 1976, was signed into law
by then PRESIDENT FERDINAND E. MARCOS. P.D. NO. 968 establish the
PROBATION ADMINISTRATION UNDER THE DEPARTMENT OF JUSTICE (DOJ).
P.D. NO. 968 seeks to afford adult offenders what others like drug addicts and youth
are already enjoying under existing laws and what offenders in other countries have
long been entitled to.
On November 1989 a new administration code transferred the function of
supervising parole and pardoned officers from trial courts to the probation
administration. The code also changed the name of the agency to Parole and Probation
Administration (PPA) in order to reflect the changed made by said law. in 1991, the PPA
was assigned the new tasked of conducting pre-parole and executive clemency
investigations in all city and provincial jails and preparing pre-parole reports for the
board of pardons and parole.
At present, some bills filed in Congress to extend the coverage of the Probation
Law to include offenders sentenced to twelve (12) years imprisonment instead of the
present ceiling of six (6) years. There are also move to amend or repeal P.D. No. 1990
which provides that an application for probation shall no longer be entertained or
granted if the convicted offender has appealed against conviction.

PURPOSE OF PROBATION
The purposes of probation are as follows:
 To protect the society through controlled programs of supervision of offenders;
 To promote correction and rehabilitation of offender by providing him individualized
treatment;
 To provide opportunity for the reformation of an a particular offender which might be
less probable if he were to serve a prison sentence;
 To prevent the commission of offense; and
 To reintegrate the offender into society.

GRANT OF PROBATION
Probation is a privilege granted by the court; it cannot be availed as a matter of right
by the person convicted of crime. To be able to enjoy the benefits of probation, it must
be first shown that the applicant has none of the disqualifications imposed by the law.

ARE ALL CONVICTED PERSONS WHO ARE NOT DISQUALIFIED ENTITLED TO

PROBATION AUTOMATICALLY?
No. The court will not grant probation if after investigation conducted by the
probation officer, it finds that:
1. The offender can be treated better in an institution or other places for correction;
2. The offender is a risk to the community;
3. Probation will depreciate the gravity of the offense.

WHO ARE QUALIFIED FOR PROBATION?

Any sentenced offender, 18 years of age above not otherwise disqualified under
PD 968 as amended can apply for probation before serving the sentence which may
either be imprisonment or a fine with subsidiary imprisonment, or both imprisonment
and fine.

DISQUALIFIED FOR PROBATION UNDER PD 968

a. Sentenced to serve a maximum term of imprisonment of more than six years
b. Convicted of subversion or any offense against the, security of the State, or the
Public Order;
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 more than
Two Hundred Pesos
d. Who have been once on probation under the provisions of PD 968.
e. Who is presently serving his sentence in jail.
DISQUALIFIED FOR PROBATION UNDER RA 10707 (an act amending PD 968)
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.”

Probation may not be granted in cases of violation of the following special laws:
 Offenders found guilty of any election offenses in accordance with Section 264 of
Batas Pambansang Bilang 881(Omnibus Election Code)
 Offenders found guilty of violating RA No. 6727 (Wage RATIONALIZATION Act
as amended;
 Offenders found guilty violating RA No. 9165, The Comprehensive Dangerous
Drugs of 2002, except section 12, 14, 17 and 70.

Similarly, a petitioner who appealed his/her probationable penalty is disqualified to avail

the benefits of probation.

APPLICATION FOR PROBATION

The application shall be filed with the trial court that tried and sentenced the
offender at any time after the conviction and sentence but within fifteen (15) days after
promulgation of judgement.

HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

An offender can be granted probation once in his life time.

Essential Elements of Probation

As provided for by the Probation Act of 1976 (PD 968), there are four essential
elements of the Adult Probation System:
1. A post-sentence investigation report which will serve as the informational basis for
the court’s decision to grant or deny probation. (Sec.5)
2. The conditional suspension of execution of sentence by the court. (Sec.4)
3. Conditions of probation imposed by the court to protect public safety and to foster
the rehabilitation and reformation of the probationer. (Sec.4)
4. Supervision, guidance and assistance of the offender by a probation officer. (Sec.
15)

PROBATION PROCESS
 The defendant must file before the trial court an application for probation within
15 days after he has been sentenced but before he begins to serve the sentence. If the
defendant has been convicted and has appealed the sentence of conviction, an
application for probation cannot be entertained (PD 1990). The prosecuting officer
concerned shall be notified by the Court of the filing of such application and may submit
his comments within 10 days from noticed.
The application should be entertained by the court by ordering the probation
officer to conduct an investigation of the offender provided he is not disqualified under
the decree, while it is discretionary with the court to grant or deny an application for
probation, the Probation Law requires that an investigation be first conducted by the
probation officer who shall submit his report within 60 days from receipt of the court's
order. Only thereafter shall the court resolve the application, an outright denial by the
court is a nullity correctable by certiorari.

Post Sentence Investigation: The post sentence Investigation (PSI) and the
submission of Post Sentence Investigation (PSIR) are the prerequisites to the court
disposition on the application.
 Civil liability of the convicted offender granted to avail the benefits of probation is
not affected.
 The probation order shall take effect upon its issuance.

The Parole and Probation Administration- is an attached agency of the Department

of Justice which provides a less costly alternative to imprisonment of the offenders who
are likely to respond to individualized community based treatment programs.
Mandate under PD 986:
Mandated to 1. Promote the correction and rehabilitation of an offender by providing him
with individualized community treatment; 2. Provide an opportunity for the reformation of
a penitent offender which might be less probable if he were to serve a prison sentence;
and 3. Prevent the commission of an offenses
 PROBATION PROCESS

WAIVE

WITHIN 15
GUILTYAPPEAL APPEAL DAYS

PROBATION

PETITIONER

SAME COURT/
REFERRAL Where he was tried APPLICATION
and sentenced FORM

PAROLE AND
MITTIMUS
PROBATION
ADMINISTRATION

DENIED
COURT
PROBATION DECISION
OFFICER – Within 15
days GRANTED

POST POST
SENTENCE SENTENCE PROBATION
INVESTIGATION INVESTIGATION ORDER
– Within 60 days REPORT

PROBATIONER
RIGHTS AND DUTIES OF THE PROBATIONER

Mandatory Conditions
1. The probationer must present himself to his Probation Officer within seventy-
two (72) hours from the receipt of the said order;
2. Report to his Probation Officer in-charge of his supervision at least once a
month at such time and place as specified by said officer.

Special or Discretionary Conditions

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 the probation officer or an authorized social worker to visit his home and
place of 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 with his freedom of conscience.

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

Any violation of any of the conditions may lead either to a more restrictive modification
of the same or the revocation of the grant of probation. Consequent to the revocation,
the probationer will have to serve the sentence originally imposed.

PERIOD OF PROBATION
 Not more than two (2) years if the probationer was sentence to imprisonment of
one (1) year or less;
 Not more than six (6) years if the probation was sentence to imprisonment of
more than one (1) year;
VIOLATION OF PROBATION
The probation officer investigates the alleged violation and if it is established, a
report is submitted to the court. There can be modification of condition of probation by
the court, depending on the nature and seriousness of the violation;
There is also the possibility of arrest including criminal prosecuting of the
probationer in the event of commission of another offense. The revocation proceeding is
summary. If the court finds the probationer guilty of serious violation of the conditions of
probation he may be ordered to serve the original sentence imposed on him.

REVOCATION OF PROBATION
At any time during probation the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probation. The probationer,
once arrested and detained, shall immediately be brought before the court for hearing of
the violation charged.

THE GROUNDS FOR REVOCATION OF PROBATION

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

TERMINATION OF PROBATION
After the period of probation and upon the considerations of report and the
recommendation of the probation officer, the court may order the final discharge of the
probationer after 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 restore his civil rights which were
suspended during the period of probation. At this point all civil and criminal
liability on the part of the probationer shall be distinguished.

MODES OF TERMINATIONS
1. The successful completion of program of probation.
2. Revocation for cause, or death of the probations.

LEGAL EFFECTS OF DISCHARGE

1. Probation shall restore to him all civil right lost or suspended as a result of the
conviction.
2. Shall fully discharge his liability for any fine imposed as to the offense for which
probation was granted.
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PAROLE
Parole refers to the conditional release of an offender from a correctional institution
after he has served the minimum period of his prison sentence.

PAROLE- was derived from French word “Parole d’ honeur” meaning word of honor
and is use in connection with the release of prisoners was derived from the idea that
they were released on their word of honor.
Parole system in the Philippines is governed by the Indeterminate Sentence Law also
known as Act No. 4103 enacted on December 5, 1933 and this law was subsequently
amended by Act 4225 and later on June 19, 1945 it was amended by RA 4203.

ORIGIN OF DEVELOPMENT OF PAROLE

Captain Alexander Maconochie, penal superintendent at Norfolk Island colony,
Australia, who in 1840 originated the use of ticket of leave, or conditional release
equivalent to parole. Alexander Maconochie was then called the Father of Parole.

MARKS SYSTEM
 In 1837 Alexander Maconochie, a retired British naval captain and professor of
geography, proposed to the House of Commons a system whereby the duration of
the sentence would be determined not by time but by the prisoner’s industry and
good conduct.
 He proposed a marks system by which “marks” or credits would be credited daily to
prisoners in accordance with their behavior and the amount of labor they performed.
As prisoners’ demonstrated evidence of good behavior and a good work ethic, their
freedom and privileges gradually increased. Marks were deducted for negative
behavior. Maconochie’s system allowed prisoners to move from strict imprisonment,
to labor in work gangs, through conditional release around the island, and finally to
complete restoration of liberty.

Sir Walter Crofton and the Irish System

 Sir Walter Crofton, who had studied Maconochie’s innovations on Norfolk Island,
became the administrator of the Irish prison system in 1854. Crofton adopted the
use of the marks system inside prison. Under Crofton’s administration, the Irish
system became renowned for its three levels: strict imprisonment, indeterminate
sentence, and ticket-of-leave. Each prisoner’s classification was determined by the
marks he or she had earned for good conduct and achievement in industry and
education, a concept borrowed from Maconochie’s experience on Norfolk Island.

PAROLE IN THE PHILIPPINES

Parole in the Philippines is governed by the INDETERMINATE SENTENCE
LAW, also known as ACT NO. 4103, Dated December 05, 1933, and this law was
subsequently amended by ACT No. 4225, and later in June 19, 1965 by Republic Act
No. 4203.

PAROLE ADMINISTRATION IN THE PHILIPPINES

Parole in the Philippines is administered by the Board of Pardons and Parole,
who shall composed of the Secretary of Justice as chairman and four members to be
appointed by the President with the consent of the Commission on Appointments and
shall hold office for four tears of the appointed members, one member shall be trained
sociologist, one a clergyman or educator, one psychiatrist, and other members shall be
persons qualified for the work by training and experiences. At least one member of the
board must be woman.
EFFECT OF PAROLEE'S GOOD BEHAVIOR
If during the surveillance such parole prisoner shall show himself to be a law
abiding citizen and shall not violated any of the laws of the Philippine Islands, the Board
of Indeterminate sentence may issue a final certificate of release in his favor, which
shall entitled him to final release and discharge.

VIOLATION OF PAROLE CONDITIONS BY PAROLE ITS EFFECTS

When any prisoner release on parole by virtue of this act, shall, during the period
of surveillances, violate any condition of his parole, the Board of Indeterminate
Sentence may issue an order for his re-arrest which may serve in any part of the
Philippine Islands by any police officer. In such case the prisoner so re-arrested shall
serve the remaining unexpired portion of the maximum sentence for which he was
originally committed the prison, unless the Board of Indeterminate Sentence shall grant
a new parole to the said prisoner.

ESSENTIAL ELEMENTS OF PAROLE

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

OBJECTIVES OF PAROLE
1. To uplift and redeem valuable human resources material to economic usefulness;
2. To prevent unnecessary and excessive deprivation of personal liberty.

ELIGIBLE FOR PAROLE

A prisoner is eligible for the grant of parole unless otherwise disqualified upon
showing that is confined in a jail prison to serve indeterminate prison sentence, the
maximum period of which exceeds one (1) year, pursuant to a final judgment of
conviction and that he has serve the minimum period of said sentence less the good
conduct time allowance earned.

PRE PAROLE-INVESTIGATION
The Parole and Probation Administration – conducts the pre-parole investigation of all
the sentence prisoner confined in prisons and jails within their jurisdiction. The purpose
is to determine whether the offenders confined in prisons/ jails are qualified to parole
or any form of executive clemency.

DISCHARGE ON PAROLE
A prisoner may be granted a Discharge on Parole whenever the Board finds that
there is a reasonable probability that if released, the prisoner will be law-abiding and
that his release will not the interest and welfare of the society.

ORDER OF RELEASE OF THE PRISONER ON PAROLE

 The Board of Pardons and Parole will order the release from confinement of a
prisoner granted parole.

DISQUALIFIED FOR PAROLE

Under Section 15 of the Revised Rules and Regulations of the Board ad Pardons ad
Parole, the following are disqualified from availing of Parole:

“SECTION 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’état;
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 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.”

DEFERMENT OF PAROLE
When safety compromised; if there is a clear and convincing evidence that the release
of parole will endanger his own life or those of his/her relatives or of the victim his/her
relatives, witnesses and the community on the basis of pre-parole investigation, the
release shall be deferred until the danger ceases.

GRANT OF PAROLE: The Board may grant if the following are present:
1. That the prisoner is fitted by his training for release
2. That there is a reasonable probability, if released to live and live and remain at
liberty without violating the law.
3. That his release will not be incompatible with the welfare of the society.

PAROLE SUPERVISION: An essential feature of parole is the supervision of the

offender during the remaining part of the sentence after his release from prison. Parole
supervision shall seek to ensure the faithful compliance by the client with the terms and
conditions for his release and bring about his rehabilitation and early re-integration into
the community. It shall be deemed to start on the date the client presents his Release
Document to the Office and submits himself for supervision.
The period of parole supervision shall extend up to the expiration of the maximum
sentence which should appear in the Release Document.
Parole Supervision: the parolee shall be placed to the supervision of the parole and
probation officer under the PPA.

PRISONERS AFTER RELEASE FROM CONFINEMENT MUST PRESENT HIMSELF

Within the period prescribed in his release document, the prisoner shall present
himself to the Parole and Probation Office specified in the release document, under the
supervision of a Parole and Probation Officer so that former may be guided and
assisted towards rehabilitation.

INFRACTION OF THE TERMS OF PAROLE SUPERVISION

Any infraction by a client of the terms and conditions appearing in his release
document or any serious deviation or non-observance of the obligations set in the
parole supervision program shall immediately reported by his Parole and Probation
Officer to the Board.

ARREST OF THE CLIENT OF PAROLE

Upon receipt of an infraction report, the Board shall immediately order the arrest
of the client of the Parole and shall be made to serve the remaining unexpired portion of
the maximum sentence for which he was originally committed to prison.

TERMINATION OF PAROLE
After the expiration of the maximum period of the sentence of a client provided
he does not commit any infraction and the Board may, upon the recommendation of the
Parole and Probation Officer, issue a Certificate of Final Release and Discharge to a
Parole.
PAROLE PROCESS

30 DAYS BEFORE EXPIRATION OF THE MINIMUM OF THE SENTENCE

1  Director  Carpeta  Board of Pardons and Parole

SERVE THE REMAINING MINIMUM OF THE SENTENCE  Formal

2 Petition  Board of Pardons and Parole

BOARD OF PARDONS AND PAROLE  DISQUALIFIED  PRISON

3
 QUALIFIED  REFERRAL

BPP  REFERRAL  PAROLE AND PROBATION ADMINISTRATION

4  PAROLE OFFICER  PRE PAROLE INVESTIGATION  PRE
PAROLE INVESTIGATION REPORT  BPP

5 BPP EN BANC VOTING  GRANTED  RELEASE DOCUMENT 

PAROLEE
DIFFERENCE BETWEEN PROBATION AND PAROLE
Probation
 Probation is granted by Judge/ Court.
 In probation, the convicted offender does not need to go to prison/jail.
 Probation is substitute for imprisonment.
Parole
 Parole is granted by the Board of Pardon and Parole.
 In parole, the offender serves part of his punishment inside the prison facility before
he is released.
 Parole is an extension of institutional treatment for offenders.
______________________________________________________________________

EXECUTIVE CLEMENCY
It refers to the COMMUTATION OF SENTENCE, ABSOLUTE PARDON, AND
CONDITIONAL PARDON, with or without the parole conditions, as may be granted by
the President of the Philippines upon the recommendation of the Board of Pardons
and Parole.

COMMUTATION OF SENTENCE
It is a change of the decision of the court made by the Chief Executive by reducing the
degree of the penalty inflicted upon the convict, or by decreasing the length of the
imprisonment of the original sentence.

Purposes of Commutation
1. To break the rigidity of law.
2. To extend parole in cases where the parole law does not apply.
3. To save the life of a person sentenced to death.

What specific cases may be granted?

1. When the convict sentenced to death is over 70 years of age;
2. When justices of the Supreme Court failed to reach a decision for the affirmation of
the death penalty;

PARDON
It is a form of executive clemency that it is exercised by Chief Executive. It is an act of
grace and the recipient of pardon is not entitled to it as a matter of right.

Kinds of pardon
1. Absolute Pardon- It is the total extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever resulting to the full restoration
of civil rights.

PURPOSES OF ABSOLUTE PARDON:

 1. To do away with the miscarriage of justice.
2. To keep punishment abreast with the current philosophy concept or practice of
criminal justice administration.
3. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period.

EFFECTS OF ABSOLUTE PARDON

Absolute Pardon does not work to restore the right to hold public office or the right to
suffrage, unless such rights are expressly restored by the terms of pardon. A pardon
does not exempt the offender from the payment of civil indemnity imposed upon him by
the sentence.
Absolute pardon totally extinguishes the criminal liability but not the right of the
offended party to enforce the civil liability against the offender.

2. Conditional Pardon- it is the conditional exemption of a guilty offender for the

punishment imposed by the court. Conditional pardon serves the purpose of
releasing through executive clemency, a prisoner who is already reformed or
rehabilitated but who cannot be paroled because the parole law does not apply to
him.

NATURE OF CONDITIONAL PARDON

Conditional pardon is in the nature of a contract, so that it must be first be
accepted by the recipient before it takes effect. The pardonee is under obligation to
comply strictly the conditions imposed therein, otherwise, his non-compliance will result
to the revocation of the pardon. (Art 95, RPC)
If the pardonee violates of any of the conditions of his pardon, he will be
prosecuted criminally as a pardon violator. Upon convictions, the accused will be
sentenced to serve an imprisonment of prison correctional. However, if the penalty
remitted by granting such pardon be higher than six years, the pardonee will be made to
serve the unexpired portion of his original sentence. (Art 159, RPC)

LIMITATIONS ON THE PARDONING POWER OF THE STATE

1. Pardon cannot be extended to cases of impeachment.
2. No pardon, parole or suspension of sentence for the violation of any election law
may be granted without favorable recommendation of the commission on elections.
3. Pardon is exercised only after conviction.

CONDITIONAL PARDON DISTIGUISHED PAROLE

The purpose of conditional pardon and parole is the same- the release prisoner who is
already reformed in order that he can continue to serve his sentence outside of the
institution, thus giving him the opportunity to gradually assume the responsibilities of a
freeman. Both releases are subject to the same set of conditions will subject the parolee
or pardonee to be recommitted to prison.
 In parole the granting authority is the Board of Pardons and Parole.
 In Conditional Pardon (in Absolute Pardon also) the granting authority is the
President.

AMNESTY
Is a general pardon extended to group of persons and is generally exercised by
President/ Chief Executive with the concurrence of congress. Usually the recipient of
amnesty are political offenders.

When to avail amnesty?

Amnesty can be availed of before, during and after the trial of the case, even after
conviction.
Amnesty is a blanket pardon granted to a group of prisoners, generally political
prisoners.

EFFECT OF AMNESTY
An act of forgetfulness. i.e. it puts into nothingness the offense of which one is charged
so that the person acts as if he had never committed the offense.

Crime committed
Amnesty is for crimes against sovereignty of the state (ex. political offense).

Consent of congress
Amnesty is by proclamation with concurrence of congress, and it is a public act, which
the court should take judicial notice.

REPRIEVE
It is a temporary stay execution of the sentence. Like pardon, the President can only
exercise reprieve when the sentence become final. Generally, reprieve is extended to
death penalty prisoners. The date of execution of sentence is set back several days to
enable the Chief Executive/President to study petition of the condemned man for
commutation of sentence or pardon.

DIFFERENCE BETWEEN AMNESTY AND PARDON

Pardon includes any crime and is exercised individually by the Chief Executive or
President, while amnesty is a blanket pardon granted to a group of prisoners, generally
political prisoners. Pardon is exercised when the person is already convicted while
amnesty may be given before trial or investigation is made.
 PRESIDENTIAL DECREE NO. 968
Section 1. What is the title of PD No. 968?
Probation Law of 1976
Who may apply for Probation?
Scope – the law applies to all offenders except those entitled to the benefits
under the provisions of Presidential Decree numbered Six Hundred and three and
similar laws.
Sec. 4. Grant of Probation. —
When to file a petition for probation?
Any time after conviction and sentence, but within the period of perfecting an
appeal (15 days).

Where to file a petition for Probation?

The trial court, which has jurisdiction over the case.

What are the legal effects of filing a petition for Probation?

Execution of the sentence is suspended.
It is a waiver of the right to appeal.
 Republic Act No. 10707
AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS
THE “PROBATION LAW OF 1976”, AS AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

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.
“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.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers shall have the authority within their
territorial jurisdiction to administer oaths and acknowledgments and to take depositions
in connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of a police officer. They shall
be considered as persons in authority.”

SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City
Probation Officers shall be assisted by such field assistants and subordinate personnel
as may be necessary to enable them to carry out their duties effectively.”

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and
Parole Officers in the supervised treatment program of the probationers, the Probation
Administrator may appoint citizens of good repute and probity, who have the
willingness, aptitude, and capability to act as VPAs.
“VPAs shall not receive any regular compensation except for reasonable transportation
and meal allowances, as may be determined by the Probation Administrator, for
services rendered as VPAs.
“They shall hold office for a two (2)-year term which may be renewed or recalled
anytime for a just cause. Their functions, qualifications, continuance in office and
maximum case loads shall be further prescribed under the implementing rules and
regulations of this Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city
probation office. In order to strengthen the functional relationship of VPAs and the
Probation Administrator, the latter shall encourage and support the former to organize
themselves in the national, regional, provincial, and city levels for effective utilization,
coordination, and sustainability of the volunteer program.”
SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the
provisions hereof not affected by such declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders,

rules and regulations or parts thereof which are inconsistent with this Act are hereby
amended, repealed or modified accordingly.

SECTION 9. Appropriations Clause. — The amount necessary to carry out the

provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the
approval of this Act, the Department of Justice shall promulgate such rules and
regulations as may be necessary to carry out the provisions of this Act.

SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in
the Official Gazette or in two (2) newspapers of general circulation.

Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives(Sgd.) FRANKLIN M. DRILON
President of the Senate
This Act which is a consolidation of Senate Bill No. 2280 and House Bill No. 4147 was
finally passed by the Senate and the House of Representatives on September 15, 2015
and September 14, 2015, respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives(Sgd.) OSCAR B. YABES
Secretary of the Senate
Approved: NOV 26 2015
(Sgd.) BENIGNO S. AQUINO, III
President of the Philippines