Mendozamyko: Data Center College of The Philippines College of Criminal Justice Education Laoag City

DATA CENTER COLLEGE OF THE PHILIPPINES
COLLEGE OF CRIMINAL JUSTICE EDUCATION

LAOAG CITY
NON-INSTITUTIONAL CORRECTIONS (MODULE 1)
I. INTRODUCTION:
Nowadays, the corrections pillar was broadened in response to the study conducted by experts in the
field of corrections. Some Criminologists say that It is no longer the weakest pillar of the Criminal
Justice System. The system of Corrections has been subjected to certain innovations to meet the evolving
society of criminals and convicts. It is no longer confined to the idea of prison cells. Rather, it was broadened
and innovated to include the form of reformation that takes place outside of the prison cells.
The idea of Non-Institutional Correction has been tested over the years. It yielded to 80% success rate as
to those convicted of minor offenses. Thus, it has been an accepted field and mode of reformation and
rehabilitation of offenders.
Following such trend, the Professional Regulations Commission has incorporated such a concept in the
Mendozamyko
board/licensure examination for aspiring Criminologists. Thus, this module was created to educate the aspiring
Criminologists regarding the board exam topics/coverage within the said field of corrections.
This course covers the discussion on the basic concepts of non-institutional corrections, the Probation
Law, the Indeterminate Sentence Law, the amendatory laws thereto and such other laws related to the subject,
Non-institutional Corrections. It will equip students of the necessary knowledge in correctional administration
particularly those done outside of the prison cells which focuses more on the rehabilitation and reformation of
an offender within the community. This is a manifestation of real second chances given by the state to criminals
when they have showed the propensity to change and to become a better, law- abiding individual.
II. GENERAL INSTRUCTION:

This module contains several lessons about Non-Institutional Corrections. Internalize the
learning outcomes for you to have an idea on our topics. In this time, you need to give an extra effort to your
subject for your learning development. Learn to manage your time for school works and home works. Best to
inform your family and friends regarding your regarding your schollworks schedule and to set a study or
learning area at your home for you to be focused. Set yourself and mind to read and understand well the
contents of our lesson. Make your own good strategy to learn and improve your learning ability and to develop
your higher order thinking skills.Each topic in this module is to be supplemented via online learning. Kindly
reserved a budget for your internet connectivity. I strongly advice you to refrain from your online leisure like
mobile games and unnecessary online activity so that your internet will be reserved for your cholarly activities.
Non-Institutional Corrections
DCCP-CCJE LAOAG 2020-2021 Page 1
Further, at the end of each topic there is an assessment test that you must do ONLY IN OUR SUBJECT
TIME for me to know that you have learned our lesson. Instructions are given and explained on how you are
going to answer and submit your test. Understand and answer it as directed.
III. LEARNING OUTCOMES:
After finishing the course Non-Institutional Corrections, you should be able to:
A. Understand the basic concepts in non-institutional corrections

B. Internalize the provisions of the laws related to non-institutional Corrections
C. Differentiate the Executive Clemencies
D. Differentiate probation from Parole
E. Apply the Indeterminate Sentence Law in computing the penalty for an offense
F. Apply the Probation Law in various situation
IV. TABLE OF CONTENTS:

UNIT1:
Unit I 2
Introduction
Mendozamyko
Unit II 17
The Community Service Act (New Law)
Unit III 22
Probation
The Philippine Probation Law
Unit IV 40
Probation Proper
Unit V 49
Executive Clemencies
Unit VI 57
Amendments of the Revised Penal Code
UNIT I
A. LEARNING OBJECTIVES:
At the end of the lesson, you should be able to:

 Define the key terms in this subject
 Identify the forerunners of Non-Institutional Corrections
 Understand the rationale and the benefits of such
 Know the various forms of Non-Institutional Corrections
B. LECTURE:
PRELIMINARIES
The reintegration of offenders into their own community and society is one of the
universally accepted goals of corrections, whether the latter is carried out in institutions or through non-
custodial measures. To ensure that offenders discharged from detention centers, jails, penal institutions or
Mendozamyko
rehabilitation centers re-claim their part and role in society, there is a need to assist them in their reunification
with their families and re-entry into the community. Thus, it is imperative to sustain rehabilitation and achieve
reintegration through the community-based treatment of exoffenders.
Moreover, the commission of crime is a result or consequence of the inter-play of factors and conditions
in one’s self, the immediate and bigger environment, and one’s choices and decision-making processes. Hence,
it is necessary that these human and environmental factors are examined closely and appropriate measures
adopted to assist ex-offenders in their reintegration efforts. Recognizing that the community is
usually also the locus of the offense or crime, the community must be harnessed to assume greater responsibility
in reforming offenders and preventing recidivism. The community and society must also play vital roles in the
elimination of the psycho-social, economic, and cultural barriers and other causes of crime in its environ, in
order to prevent crime, ensure peace, and promote development in the locality.
To maximize the role of the community in an offender’s reintegration process, there is a need to
continuously re-examine the concepts related to community-based corrections. At the same time, new
approaches that have evolved locally and globally, related to these concepts, should be appreciated. In this
process, best practices in community based corrections must be documented and replicated, so that they
continue to be viable alternatives to custodial care of offenders.
The international community has long recognized that the goals of a humane criminal justice system are
best served if offenders are reintegrated and rehabilitated by means other than incarceration. In fact, it has been
widely accepted that incarceration or imprisonment should be a last resort and utilized for those who have
committed serious and heinous crimes, and that community-based treatment should instead be promoted
whenever possible and feasible to hasten an offenders’ reintegration into society.
Imprisonment leads to other problems related to an offender’s stigmatization and desocialization. Often,
prisons thwart the offenders’ potential for growth and excellence, and spawn dependence and mistrust on their
part instead. Prisons usually alienate offenders from their family, friends and acquaintances. Due to o v e r c r o
w d i n g , p r i s o n s l e a d t o dehumanizing conditions, which make reintegration and resocialization even
more difficult.
Prisons spawn the formation of “subcultures” among prisoners that tend to harden them. This is so
because prisoners have to counteract the effects of deprivations of imprisonment and the conditions prevailing
in jails which are often rigid and arbitrary. Corrective actions and treatment measures are better achieved in a
natural environment such as the community where offenders can highlight and re-live the areas of their life they
want to change.
Since the community is the natural locusfor legal, socio-economic and cultural changes and
development, communitybased corrections enable offenders to adaptmore effectively to such changes in a
morerealistic and flexible manner. Thecommunity also provides a network ofrelationships and a range of
activities thatenable offenders to know themselves betterin a variety of real life situations, thusimproving their
social skills and enhancingtheir social functioning.Moreover, offenders are able to continue dispensing
responsibilities for many day to-day basic socio-economic commitmentssuch as managing a home, budgeting
resources, deciding on family matters, etc. when s/he is with their family. This enables them to maintain self-
esteem. Due to their exposure to the day-to-day realities of life in society, they are afforded more participation
Mendozamyko
in planning, implementing and evaluating their reintegration plans in natural settings. The planning process is
also more responsive and relevant because both constraints and resources in the community are taken into
consideration by the offender in a “here-and-now” situation which calls for dynamic responses from them. This
contrasts with imprisonment, where rehabilitation work is based more on a reflection of past failures and
planning for the future. The implementation and evaluation of rehabilitation and reintegration plans, on
the other hand, can be monitored more closely as these are related to the offenders’ daily living in the
community. Due to this, re-planning can be easily resorted to, based on immediate feedback.
From an economic point of view, the burden of maintaining an entire prison bureaucracy is eliminated in
community based treatment. It is a fact that the cost of rehabilitation is relatively cheaper outside of prison,
where huge personnel complements, operating costs, capital outlays and other costs have to be maintained. The
cost of assisting and supervising offenders is supplemented and complemented by existing community
resources and infrastructures, which are otherwise not present in institutional arrangements. Moreover,
community-based corrections offer opportunity costs that are not present in most custodial-care arrangements.
Examples of these opportunity costs are the costs of income and productive efforts as head or a member of the
family and the community.
OLD CONCEPTS AND NEW APPROACHES IN THE TREATMENT OF OFFENDERS
The Philippines has been supportive of the goals of community-based treatment and has continuously
adopted measures consistent with the United Nations Standard Minimum Rules for Noncustodial measures or
the Tokyo Rules. In order to appreciate fully the goals and advantages of community-based treatment in the
context of the Philippines, there is a need to revisit the old and traditional concepts of treating offenders and
those of emerging ones, specifically from a social development framework.
Social development, as defined by the United Nations, is the greater capacity of the social system, social
structure, institutions, services and policy to utilize resources to generate favorable changes in levels of living,
interpreted in the broad sense as related to accepted social values and a better distribution of income, wealth and
opportunities. Social development therefore, covers a comprehensive, yet integrated, field that encompasses
education, health and nutrition, livelihood, social welfare, etc. It involves the services of educators, medical
practitioners, social workers, psychologists and other social scientists that contribute to improvement in the
quality of human life.
Doreen Elliott (1993) argues that social development values represent an ideology close to that of the
values of social work, except that the values are less individually focused. She argues further that while social
work is essentially individually oriented and politically conservative, social development is globally and
radically
oriented. Omer (1979) suggests that human dignity, equality and social justice are key values in a social
development approach. These values are therefore consistent with those adopted by the United Nations
Minimum Standard thatencourages countries to pursue crime prevention and criminal justice within
theframework of the promotion of humanrights, social justice and socialdevelopment. From this social
development context, itis best to examine old concepts related tothe treatment of offenders vis-a-vis the
newapproaches in this field. Mendozamyko
Individual Pathology vis-a-vis Empowerment Approach
The traditional concept of treating offenders has been towards examining the offender’s characteristics,
behavior, values and other personal traits and the causes behind committing a crime, among other factors.
Criminals would be examined from a criminologic point of view, which usually led to self-blaming. Thus, the
treatment approach would be individual therapy, focusing on behavior modification.
The empowerment approach, which is basically a social development approach, however, looks not only
at simplistic unicausal explanations, but at the offender as a “person-in-environment”, i.e., one in a
dynamic relationship with their environment and prescribed roles in varied social situations. It assumes an
interdependence of relationships between the parts (the offender and his/her family) and the whole (community
and society).
Thus, while behavior modification continues to be a goal in rehabilitation and reintegration,
empowerment, which is the harnessing of the offender’s adaptive capacities, decision-making abilities and
capability to link and access to outside resources, is a tandem goal in our present efforts. Harnessing and honing
adaptive capacities are deemed necessary because of the fast-changing conditions in the environment brought
about by globalization, information technology, accelerated development and other factors.
The failure of some individuals and families to adapt to such sudden and swift changes brings about
crisis in their adaptation and social functioning. This therefore calls for harnessing not only the offender’s
capacity to handle crisis, solve problems, and make right and timely decisions, but also their own and family’s
ability to identify resources. Through this empowerment scheme, they are made aware of what are the resources
fromwithin and outside the family, which theycan tap to address their needs andproblems.
Analytical Cum System Approaches

Consistent with a lesser emphasis on individual pathology is the move from the analytical approach
towards a systems approach. In the analytical approach, the whole is broken into parts and examined closely.
Thus, an offender’s mental, psychological and socio-economic conditions are examined thoroughly and
dissected carefully as basis for treatment goals.
In the systems approach, on the other hand, the parts are linked and integrated as a whole. It is an inter-
disciplinary and holistic approach.
Micro Macro Continuum Approach

These multi-level approaches and interventions from the Philippines experience include:
1. Total Family Approach

A recognition of the importance which the family plays in the commission of crime and on the
offender’s rehabilitation continues to be the focus of contemporary community-based corrections in the country.
Today not only is the offender the focus of intervention, but also their family as well. Realizing and recognizing
Mendozamyko
that the crime offenders commit can be a symptom of a deeper problem or dysfunctioning within the family, the
family members are assisted and harnessed to realize their potentials as individuals in this most basic unit of
society.
The family has been considered as a primary support group for the offender’s rehabilitation and eventual
reintegration. Most rehabilitation efforts are focused on maintaining harmonious relations between
the offender, their family and the community; strengthening and empowering them altogether. This stems
from the realization that in a number of instances, the offender’s reason for committing a crime is family-related
i.e., the family is poor or hungry, lacking in basic amenities, needing hospitalization, etc.. Family-related
concerns are also reasons frequently given by offenders for their escape from jails, prisons or rehabilitation
centers and their desire to be free.
The influence of family members is also evident in the rehabilitation process, especially since most
family members constitute the “significant others” in an offender’s life; thus providing a source of motivation,
help and “healing” to the offender. The total family approach in communitybased corrections looks at the
offender in the context of their family - its strengths and weaknesses, its resources and problems, potentials and
constraints. Family resources- both human and material - are pooled together so that the offender’s reintegration
can be hastened and facilitated, while at the same time addressing the problems of other family
members.
Family-centered treatment is therefore adopted and maximized by organizations to assist the offender
and their family. For example, due to realization of the importance of the family as a support system, youth
offenders who no longer have families are placed in foster care, wage homes or are afforded kinship-support
assistance to ensure that they are provided the benefits and advantages of living in a natural, home-life situation
and atmosphere.
2. Community Structure Support

Next to the family, the immediate community is seen as a valuable support system for an offender. The
community should assume primary responsibility for the offender, as it is usually the origin of crime. It is in the
community where the offender’s roots are, where his/her peers and friends are often found, where they can
be further educated and trained, where they practice their religion, pursue life goals and continuously strive to
belong. It is also a resource for their and their family, in times of need and desolation, and to which they and
their family also contribute their share and resources whenever possible. The community is thus the bigger
locus for an offender’s change and transformation given its resources, networks and the opportunities it offers to
pursue a productive and useful life.
New approaches in community-based treatment involve the harnessing and maximization of community
structures outside of the family. Schools, the church, community leaders and members, nongovernment,
voluntary and people’s organizations, civic associations, business groups and other sectors, in addition to
government, should be tapped and mobilized to contribute their resources to the treatment and reintegration of
offenders, and the strengthening of their families. These community structures complement and supplement the
services for offenders offered by the State. With the mushrooming of nongovernmental organizations, people’s
Mendozamyko
organizations, civic, religious or professional groups, and other community structures, there are now many
resources to help offenders and their families lead productive and meaningful lives.
Volunteer groups have become necessary components in the rehabilitation of offenders and their
reintegration. Both at the institutional and non-institutional settings, volunteer groups form part of the
rehabilitation resources. They are utilized in the educational, physical, spiritual, social and cultural activities of
offenders.
The Department of Social Welfare and Development (DSWD) has a Volunteer Intervention Program for
Youth in Conflict with the Law, which utilizes senior citizens, women groups, civic, religious and other
organizations and individuals. These volunteers are trained and provided technical assistance in their volunteer
work of assisting and monitoring the youthas they are rehabilitated and reintegrated into society. The
Department of Justice correctionalbureaus also utilize volunteer groups to alarge extent. The Probation and
ParoleAdministration (PPA) utilizes volunteerprobation aides which assist probationofficers in rehabilitating
parolees andprobationers. Likewise, volunteers areutilized in penitentiaries and penalinstitutions.
The local government units and theBureau of Jail Management and Penology,under the Department of Interior
and LocalGovernment, also utilize volunteers to agreat extent in educational, medical,religious, cultural and
recreationalactivities.
3. Maximizing Socio-Cultural Values as Treatment Stimulus

The role of culture in crime prevention and the treatment of offenders has long been recognized. In the
Philippines, 289 certain cultural values are maximized to assist in the reintegration of offenders and in their
“healing “ process.
Among the strengths of the Filipino character is a deep faith in God or belief in a Supreme Being. Such
belief arouses reverence, gratitude, the will to obey and serve and other positive values. In ordaining and
promulgating the country’s Constitution, and in everyday life, the Filipino people invoke the aid of Almighty
God, whether this God at the individual level is Jesus Christ, Allah, Buddha, Jehovah, etc.. We ascribe human
traits, our fate, and fortune to a supernatural God whom we honor and love. This enables us to accept reality in
the context of God’s will and plan. Due to this sense of spirituality, we can be optimistic even at the most
of times. Spirituality encourages a life with values based on truth and love rather than the acquisition of
material things.
This sense of spirituality is thus recognized and considered in formulating treatment measures for the
socially and economically disadvantaged, including offenders. The spiritual dimension of reintegration not only
into the family and the community, but also with one’s Creator makes the treatment plans more complete
and holistic. It also makes the offender more remorseful and insightful because of the belief that “man does not
live by bread alone” and that s/he must also take care of what happens to their spirit.
Spiritual programs are therefore integrated among the services and opportunities afforded to offenders, both in
institutional and non-institutional settings, enabling them to strive towards moral purity and healthy living in
accordance with God’s intent and purposes. Moreover, among the regular volunteers in prisons, jails or
rehabilitation centers, as well as community-based programs, are spiritual and religious groups. These groups
contribute to the improvement and betterment of the offenders’ personality and character, by giving deeper
Mendozamyko
meaning to life and the enhancement of the corrections’ programs.
MODALITIES OF TREATMENT OF OFFENDERS IN THE PHILIPPINES

Like many countries, the correctional system in the Philippines has both an institution-based and a
community-based component. It also has separate treatment systems for youth offenders and adult offenders.
The custodial care of adult offenders is handled by the following:
1. The Bureau of Jail Management and Penology (BJMP) under the Department of Interior and Local
Government (DILG) which has supervision over all district, city and municipal jails and detention centers.
These jails house detainees awaiting judicial disposition of their case and offenders whose sentence range from
one (1) day to three (3) years.
2. The Provincial Governments, which have supervision and control over provincial jails. These jails house
court detainees and prisoners whose prison terms range from six (6) months and one (1) day, to three (3)
years.
3. The Bureau of Corrections (BUCOR) under the Department of Justice (DOJ), which has control over the
national penitentiary and its penal farms, houses convicted offenders with prison sentences ranging from
three (3) years and one (1) day, to life imprisonment.
Youth offenders in the Philippines are treated differently. A youth offender is defined as a child below
eighteen (18) years of age at the time of the commission of an offense. Under the country’s laws, these youth
offenders are entitled to a suspended sentence. Instead of serving their sentence, they are rehabilitated in
regional youthrehabilitation centers, which are managed and supervised by the Department of Social Welfare
and Development (DSWD). There are ten (10) rehabilitation centers for youth offenders, one of which is a
NationalTraining School for Boys and the other, a National Training School for Girls. Their stay in the center
can be shorter than their sentence term, depending on how they respond to the rehabilitation process therein.
The non-institutional treatment of adult offenders is managed primarily by the Department of Justice
(DOJ) through its Parole and Probation Administration and the Board of Pardons. Probation for adult
offenders is available to those whose penalty of imprisonment does not exceed six (6) years. It is considered as
a matter of privilege and not of right. Hence, the adult offender has to apply for probation before the court upon
conviction. This is also true for the parole system.
Community-basedrehabilitation services for the youth areadministered by the DSWD through itsregional
field offices nationwide, incoordination with the local government’ssocial welfare and development
offices.After-care and follow-up services arelikewise carried out for youth offenders bythe DSWD.
MOST COMMON PRACTICES IN COMMUNITY-BASED TREATMENTS IN THE PHILIPPINES

After revisiting the concepts, approaches and modalities in community-based treatment of offenders in
the Philippines, an appreciation of the “best practices” or effective treatment measures during the pre-trial, trial,
post trial and post institutionalization is in order.
1. Pre-Trial
Mendozamyko
(1)The “Katarungang Pambarangay” (Village JusticeSystem)
The Philippines takes pride in the fact that it has a unique and indigenous way of settling disputes and
treating offenders at its smallest political unit level - the village or “barangay”. The system is called
“KatarungangPambarangay” and is aimed at the amicable settlement of disputes at the barangay level.
Established in 1978, it aims to promote the speedy, peaceful and inexpensive administration of justice
and to relieve the police, prosecutors’ offices and courts of concileable cases. Settlements and awards rendered
under this system have the force and effect of a final court judgment.
Under the jurisdiction of the “Katarungang Pambarangay” are all disputes which are punishable by
imprisonment not exceeding one (1) year or a fine not exceeding P5,000 between and among parties actually
residing in the same village, city or municipality. Non-criminal cases outside of the coverage of the
Katarungang Pambarangay may be referred, for amicable settlement, to the “LupongTagapamayapa” or
peacekeeping board at any time before trial by the police, prosecutor or court.
This peace-keeping board carries out the functions of the KatarungangPambarangay and is created in
each of the more than 42,000 barangays/villages in the Philippines. It is headed by the barangay Chairman and
not less than 10, nor more than 20, members selected every three (3) years from among the barangay residents
or persons working in the barangay not otherwise disqualified by law.
A three-member “pangkat na tagapagkasundo” or mediation team is constituted from among the
LupongTagapamayapa to continue conciliatory efforts when the barangay chairman fails to amicably settle
disputes submitted before the Lupon.
This form of justice administration enables both the victim and the offender the opportunity to amicably
settle their disputes amongst people who have a more intimate knowledge of them, and therefore the reasons for
their dispute.
Due to their proximity to the locus of the crime, the Lupon members are also able to take stock of the
socio-economic and cultural dimensions of the dispute and thus have a better understanding of the crime and the
parties involved. Consequently, since the barangay chairman, who is the chief executive officer at the village
level, is also the chair of the Lupon, he/she can link the parties involved in productive and meaningful
endeavors and address the root causes of or contributory factors to their problems which may be present in
the community which she heads. These community factors may include the lack of employment, the presence of
vices, negative peer influences and so forth. Thus, the early detection of possible offenders and the correction of
their negative behavior can hopefully be better addressed in a manner that is more responsive and relevant to
them through the Katarungang Pambarangay which prevents their further involvement in crimes and offenses.
(2)Release on Recognizance and Other Diversion Services

A Filipino juvenile who comes in conflict with the law whether at the barangay or police level is
immediately referred to the Department of Social Welfare and Development (DSWD), or the local social
welfare offices, by virtue of the provisions of the Child and Youth Welfare Code or Presidential Decree
(PD) 603 enacted in 1974, way ahead of the Beijing Rules. This law provides full protection of the rights of
Mendozamyko
Filipino children and youths and enhances their meaningful participation in national development, regardless of
their sociocultural and economic status in life. Through community-based diversion services, social welfare
workers are called upon to assist youths who have come in conflict with the law as early as when they come to
the attention of the Lupon Tagapamayapa at the barangay. They also visit detention centers and jails regularly
i.e., at least once a week, to check whether there are women and youth offenders in detention. These workers
also maintain close coordination with Women Desks and Child and Youth Relations Units of police stations,
which have Women Desk Officers and Child and Youth Relations Officers among the police force. So juvenile
offenders are diverted from the criminal justice system, released on recognizance and placed under supervision
of a responsible adult or are reunited with his/her family under the supervision of a social worker.
Once diverted or out of detention, the youths are assisted in their problems, in the context of their family
conditions and situations, through the formulation of a treatment and rehabilitation plan. Most of them are
assisted to go back to school, to gain some skills or, if already able to work, assisted in having self or open
employment. Their families’ concerns are also looked into and they are linked to resources that can help them.
This scheme enables the youth to be protected, rehabilitated and trained for socio-economic and civic
responsibility for the betterment of himself/herself, their family and community, without undergoing
unnecessary detention and eventual alienation.
The Republic Act 306 or the Release on Recognizance Law also applies to offenders whose penalty is
six (6) months or less and/or a fine of P2,000.00. They are usually released in to the custody of a responsible
person in the community, instead of posting a bail bond.
2. Trial or Adjudication Stage
(1) Suspended Sentence for Youth Offenders
Under the provisions of the Child and Youth Welfare Code, the execution of the sentence of youth
offenders is suspended and s/he instead is either committed to the care and custody of the DSWD’s
rehabilitation centers for youths, or placed under its custody supervision/ probation servise.
The probationary treatment of juvenile offenders in the Philippines preceded that of the adult offenders
and started on December 3, 1924 when Act 3202, the first juvenile delinquency law of the land was passed. The
probation service for the youth offenders starts when, after formal adjudication, s/he is released to their family,
guardian or responsible person in the community under the direct supervision of the DSWD, instead of
commitment to a youth rehabilitation center. The placement continues until such time that the Court terminates
the case upon proper recommendation of the DSWD social worker. The social worker and the youth, together
with their family, prepare a treatment and rehabilitation plan that guides the youth. Linkages and referral to
community services and institutions such as school, the church, nongovernment organizations and other
government agencies are maintained to enable the early reintegration of the youth offender. Commitment to a
DSWD rehabilitation center for youths also offers various opportunities for an offender’s early reintegration to
the community. Since the DSWD’s rehabilitation centers are open institutions and are situated in the regions
where offenders come from, the youth is afforded an opportunity to interface with the community or experience
homelife conditions in a number of ways that are conducive to reintegration and rehabilitation. These
opportunities are integrated in a package of programs and services with the acronym “SHEPHERDS”, namely:
Mendozamyko
(a) Social Services: The DSWD socialworkers in rehabilitation centers takethe lead not only in the formulation
of treatment plans but also in theintegration of services for the offenderand their family. The social worker
ensures that offenders are affordedindividualized treatment by therehabilitation team. Case conferencesare done
regularly among therehabilitation team members tomonitor the progress of treatmentplans.
In addition to providing the youthcasework and counseling services, therehabilitation centers provide
opportunities for the youth to continue contact with their family not only by mail, but also through regular
visitations by the offender to their family and vice-versa. The centers also celebrate a “Family Day” once a
month where the youths’ families are invited to a day of inter-action not only with their children, but also with
the latter’s fellow wards, social workers, substitute houseparents and the Center’s other personnel.
The youth can also be granted an “out-on-pass” privilege through the court to attend important family
developments such as when a parent is sick or passed away; during Christmas and New Year, and other
significant occasions, based on good behavior.
To ensure the successful reintegration of the offenders into their community, the Center staff involve
the community-based social workers in the treatment planning and implementation, where the latter attends to
the needs of the offender’s family. As early as the treatment planning stage, reintegration is already included as
a goal for the offender’s family. For instance, where an offender’s problem stems from the fact that their family
has a low income, his/her siblings are not in school, or his/her parents lack parenting skills, the community
social worker addresses these concerns and reports progress on these efforts to the Center staff.
The center-based and communitybased social workers also collaborate on the discharge planning for the
offender. Eventually, the community social worker provides supervision and after care services to the
discharged offender to ensure that the reintegration plan is put into action.
(b) Homelife Services: enables the youth to learn household chores such as shopping, cooking, cleaning, making
beds, etc., as well as positive values in relation to their present homebased roles as son/daughter, brother/ sister,
etc., in addition to those roles they will assume in the future if they choose to have their own families.
(c) Educational Services: these centers utilize existing schools within the vicinity or, if the schools are within
the center, the youths in the nearby community are allowed to avail of the center’s school. This enables the
youth offender to be mainstreamed and to interface with other youths without cases, thus preventing their
further alienation. In a few instances, offenders are allowed to pursue education beyond high school in
cooperation with nearby colleges and universities.
(d) Psychological Services: provide the youth opportunities to understand themselves better, to know how to
behave in a group, and to relate with others. Upon admission, the youth undergoes psychological testing which
is utilized in the crafting of the treatment and reintegration plan, and in helping them modify their behaviour
according to the sociocultural norm of the community.
Through this service, individual and group sessions are held with the Center’s residents.
Mendozamyko
(e) Health Services: are provided to youth offenders to hasten their physical development. Medical and dental
services enable the youth to attain physical well being that contributes to their personality development and
sense of security as they prepare to be reintegrated into their community.
(f) Economic Programs and Services in Rehabilitation Centers: provide skillstraining, entrepreneurial or
businessmanagement exposure and directexperience in productivity orlivelihood projects to the offenders.
The skills or crafts they are trained in and exposed to are in accordance with their “back-home situation”. For
example, if an offender comes from an agricultural area, s/he is trained in agricultural productivity skills.
The offender is also equipped with the appropriate work ethics and values relevant to their work when they are
finally discharged from the rehabilitation center, thus ensuring that reintegration is easier.
(g) Recreational Services: are likewise made available to the offender in line with their interest and physical
condition. Recreation can come in the form of indoor or outdoor games and sports, television viewing, painting,
reading, and the like. Their exposure to sports enables the offender to practice discipline, sportsmanship
and know how to relate with others.
(h) Developmental Services: are also afforded to the offenders through their exposure to group meetings,
consultations, and other group experience. The offenders are organized into youth groups known as “Pag-asa
(Hope) Youth Association (PYA)” which becomes a means for offenders to participate in the planning and
decision-making processes inside the Center. Since thePYA is also present in the community where they live, it
becomes easier for the offender to be re-integrated into the community by linking them with existing PYA
groups in the area. Their experience as a member or leader of the youth group enables them to have planning
and management skills that will be useful should they wish to be active members of their barangay
development councils and/or assume community leadership roles in the future.
(i) Socio-cultural Programs: are likewise a v a i l a b l e i n t h e D S W D ’s rehabilitation centers. These

include
cultural presentations that enable the youth to develop their talents and skills along theater, acting, drama,
dancing, singing, etc., as well as to appreciate cultural practices handed over from one generation to another,
to deepen their roots and love of country.
Spiritual programs are part of this category of services for the offender. By experiencing a deeper
relationship with their Creator, the offenders are afforded more guidance, protection, liberation and friendship.
Through this program, they are encouraged to have faith in their capacity to change, and in God, and in God’s
plan for them. They are made to understand that they are unique and have a distinct role to play to make the
world a better place, hence are enabled to perform all their daily roles with care and enjoyment.
The statistics of the DSWD for 1996 and 1997 indicate that for every one (1) youth offender served in the
Rehabilitation Centers, a corresponding number of four (4) offenders avail of custody supervision/ probation in
the community, or a ratio of 1:4 institutional versus non-institutional treatment. Table II details these figures.
(2) Probation for Adult Offenders

Mendozamyko
Probation for adult offenders in the Philippines came much later than that for youth offenders. Started in
1976 through Presidential Decree (PD)968, adult probation can be availed only once, and usually only by first
time offenders, for penalties of imprisonment not exceeding six (6) years. Thus, an offender has to apply for
probation before the court upon conviction.
Probation as defined in the PD, refers to a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the Court and under the supervision of a probation
officer. The investigation and supervision of probationers are latched on the Department of Justice’s Parole and
Probation Administration (PPA) which was created upon the passage of PD 968 in 1976, and which has
administrative authority over probation officers. Probation supervision aims to bring about the rehabilitation of
the probationer and their re-integration into the community.
The probationers are afforded by the PPA the opportunity to continue education (whether formal or non-
formal), be employed or engaged in income generating activities and pursue other worth-while projects while
under supervision. These are carried out directly by the PPA or through coordination with other government
agencies such as the DSWD, the Department of Education, Culture and Sports (DECS) and local government
agencies, as well as private and civic groups. While already a form of community-based treatment by itself,
probation in the Philippines allows for early termination of probation cases on certain grounds.
The following probationers are eligible for recommendation of early termination of their cases:
(1) Those who are suffering from seriousphysical and/or mental disability suchas the deaf-mute, lepers, the
crippled,the blind, the senile, the bed-ridden,and the like.
(2) Those who do not need furthersupervision as evidenced by thefollowing:
(a) Consistent and religious compliancewith all the conditions imposed inthe order granting probation;
(b) Positive response to the programsof supervision designed for theirrehabilitation;
(c) Significant improvements in theirsocial and economic life;
(d) Absence of any derogatory recordwhile under probation;
(e) Marked improvement in theiroutlook in life through becomingsocially aware and responsiblemembers of the
family andcommunity; and
(f) Significant growth in self-esteem,discipline and self-fulfillment.Provided that, the probationers involved
have already served one-third of the imposed period of probation; and provided further, that in no case shall the
actual supervision period be less than six (6) months.
(3) Those who have:
(a) To travel abroad due to any of the following:
· An approved overseas job contract or any other similar documents; or An approved application for
scholarship, observation tour or study grant for a period not less than six (6) months; or · An approved
application for immigration;
(b) To render public service: Having been elected to any public office; or · Having been appointed to any
Mendozamyko
public office. Provided, however, that the probationers involved have fully paid their civil liabilities, if any.
(4) Other probationers who have fully cooperated with/participated in the programs of supervision designed for
their rehabilitation and who are s i t u a t e d u n d e r c o n d i t i o n s / circumstances similar in nature to those
above described at the discretion of the proper authorities.
3. Post-Trial Stage
(1) Open Prison Programs

The Bureau of Corrections (Bucor) under the Department of Justice also maintains penal colonies and
farmsoutside of prisons where deserving prisoners can bring their families. They are also allowed to engage in
livelihood by being contract farmers, cultivating a piece of land, raising livestock and poultry, engaging in
different crafts for their subsistence and being involved in other economic and socio-cultural activities. This
open arrangement also enhances reintegration efforts for ex-offenders and their re-adjustment in community
setting.
(2) Pardon
The act of forgiving the wrongdoing of an offender and which is conducive to early reintegration, is also
practiced in the Philippines. Under Philippine Law, a Board of Pardons and Parole oversees this program and
recommends to the President of the Republic the grant of executive clemency to certain prisoners. Executive
clemency refers to either the commutation of sentence, absolute pardon and conditional pardon, with or without
parole conditions as may be granted by the President upon recommendation of the
Board.
(3) Parole
Which refers to the conditional release of an offender from a penal or correctional institution after s/he
has served the minimum period of their prison sentence under the continued custody of the State and under
conditions that permit their reincarceration if s/he violates a condition for their release, is also administered by
the Parole and Probation Administration (PPA).
The Board of Pardons and Parole, which recommends both pardon and parole privileges to the
President, do so under the policy of “uplifting and redeeming valuable human material to economic usefulness
and to prevent unnecessary and excessive deprivation of personal liberty”.
4. Post-Institutionalization
(1) Halfway House for Adult Prisoners

An essential transition arrangement between institutional placement, especially among prisoners or
offenderslong confined in closed institutions, and that of community-based services is that of a halfway house.
A halfwayhouse, as the term connotes, is a residential facility where released prisoners can be provided
the opportunities to gradually adjust to community life, and to prepare them for full reintegration to society.
Mendozamyko
The first halfway house for offenders in the Philippines was that for youth offenders. Set up in the mid-
1960’s in a regular community in Quezon City, Metro Manila, this halfway house, known as a Youth
Residence, was supervised by the DSWD for youth offenders released from the National Training School for
Boys (NTSB). At that time, there was only one reformatory school for boys. When regional youth rehabilitation
centers were established all over the country in the late 1970’s, the need for the Youth Residence was no longer
seen as
necessary. This was because the regional centers provided a communitybased setting for the youth offenders
that hastened their reintegration process without the necessity of going through a halfway house. Thus, the
Youth Residence was phased out in 1979.
It was, however, a different case for adult prisoners confined in the national penitentiary, who needed a
halfway facility because the national penal institution was situated in Metro Manila. Thus in 1996, a
Philippines-
Japan Halfway House was started to provide residential setting for released or pre-released prisoners. The
facility was a joint effort of the Asia Crime Prevention Foundation (ACFP), the Nagoya West Lions Club, and
UNAFEI from the Japanese end, while the Asia Crime Prevention Philippines, Inc. (ACPPI), the Department of
Justice, the National Police Commission, the Department of Social Welfare and Development, the Muntinlupa
Lions Club, and other non-governmental organizations provided the support from the Philippines end.
The halfway house provides home life and group living experiences to the adult ex-offenders, offers
them opportunities for vocational and economic skills, and subsequently job placement and employment. The
residents are likewise afforded opportunities to grow emotionally, mentally, physically and spiritually for their
eventual reintegration into their family and community. A multidisciplinary team of social workers,
psychologists, educators, and other rehabilitation workers manage the house.
(2) After Care Services

Youth offenders discharged from the DSWD’s rehabilitation centers are provided after care services
upon discharge up to a period of one (1) year. As discussed earlier in this paper, social workers in the
communities where the youth come from are involved early in the formulation of the treatment and discharge
planning. Thus, they are maximized in monitoring and assisting the discharged youth in the reintegration
process. Communication is maintained between the center and community social workers on the minor’s status,
and those of their family, to determine if they need further assistance.
The youth is assisted by the community social worker to either go back to school, acquire productivity
skills or be employed if of employable age. Meanwhile, the halfway house for adult prisoners also provides
after-care monitoring for ex-residents of the house, in coordination with the DSWD and DOJ regional and field
offices, local government units and other entities.
C. REFERENCE:
Probation retrieved from en.m.wikipedia.org on January 2020
Mendozamyko
Judge Marlo B. Campanilla, (2017) Criminal Law Reviewer Book 1, Rex Publication
Celia Yangco, Community Based Treatment for Offenders in the Philippines: Old Concepts, New
Concepts, New Approaches, Best Practices retrieved from unafei.or.jp> RS_No.54 on September 4,
2020
D. ASSESSMENT:
To be Announced
Unit II
A. OBJECTIVES:

 Understand the Community Service Act of the Philippines
 Apply the Community Service Act
B. LECTURE:
THE COMMUNITY SERVICE ACT
Introduction
Congress passed RA 13362 or the Community Service Act which was signed into law by President
Duterte on August 8, 2019. The said RA authorizes the court, in its discretion, to require community service in
lieu of imprisonment for minor offenses.
Under A.M. No. 20-06-14-SC, all judges concerned, after promulgation of judgment or order where the
imposable penalty for the crime or offense is arresto menor or arresto mayor, shall be duty-bound to inform the
accused in open court that he or she has an option to, among others, apply that the penalty be served by
rendering community service in the place where the crime was committed. The judge should also explain to the
accused, however, that the same will be barred to apply for community service or probation should he or she
choose to appeal the conviction.
Application for community service must be filed within the period to perfect an appeal and that the said
application shall be resolved within five days from filing thereof. The court should set a hearing to render or
promulgate the ruling for this purpose.
Upon receipt of the application for community service, the court shall immediately notify the 1)
barangay chairperson or authorized representative of the barangay where the crime was committed; 2)
representative from the provincial or city’s Probation Office; and, 3) local government unit’s Social Welfare
Development Officer. The Court may resort to electronic service of the notices to the said officers.
The court shall resolve the application for community service immediately after the hearing thereon. An
order granting or denying the same shall not be appealable. Failure of the accused to appear at the said hearing,
except for justified reasons, shall be a ground to deny the application and a warrant of arrest shall be issued
against the accused.
The SC held that these should be taken into consideration in allowing community service ─ gravity of
offense, circumstances of the case, welfare of the society, and reasonable probability that the accused shall not
violate the law while rendering the service.
Mendozamyko
The Court, pursuant to Section 5(5), Article VIII of the 1987 Constitution, has the power to adopt and
promulgate rules concerning the protection and enforcement of constitutional rights, among others.
Mendozamyko
Mendozamyko
FLOWCHART:
Application for Community Service

within the period of appeal.
The Court will notify and direct the brgy. chairman of
Mendozamyko
the place where the crime was committed, a
representative of the Probation Office and the Social
Welfare and Development Office to submit a
proposed community service program.
Hearing on the Application considering different

circumstances such as gravity of the offense, the
background of the offender, etc.
If the court finds that Community Service is appropriate, it shall issue a community
service order containing the following:
a. Details of the community service program;

b. Number of hours to be accomplished by the applicant;
c. Referral of the applicant to the Probation Office;
d. A statement requiring the submission of report from the probation officer
within 5 days from the termination of the program;
e. A statement requiring the Social Worker to submit a report regarding the
counseling of the applicant;
f. Other conditions;
C. REFERENCE:
Probation retrieved from en.m.wikipedia.org on January 2020
Judge Marlo B. Campanilla, (2017) Criminal Law Reviewer Book 1, Rex Publication
Celia Yangco, Community Based Treatment for Offenders in the Philippines: Old Concepts, New
Concepts, New Approaches, Best Practices retrieved from unafei.or.jp> RS_No.54 on September 4,
2020
D. ASSESSMENT:
To be Announced
Unit III

 Students will be able to understand the Origin of Probation, Philippine Law on Probation
 Students will be able to identify the salient features of the laws as provided herein
 Students will be able to compare PD 968 and RA 10707, and identify the significant amendments of the
Philippine Law on Probation
Mendozamyko
 Students shall be able to differentiate the roles of the probationer, probation officer and the court in the
process of probation
B. LECTURE:
IMPORTANT TERMS:
a. Probation
-coined by John Augustus from latin “probare” meaning to prove, to test
-is the disposition under which, a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer.
Generally speaking, probation is the process or period of testing or observing the character or abilities
of a person for a certain role. However, after quite sometime, this term has been adopted in correction. For
example if an employee would undergo probation in terms of his employment, it means that he would not be
permanently entitled to the position involved unless he is able to prove during the probationary period that he
possesses the ability and character that fits a regular employee holding the subject position. In the same
manner, probation as applied to non-institutional correction, means that if a person previously convicted of a
probationable offense applies for a probation, he is not permanently released but only for the mean time until
he could prove during the probation period that he can be successfully rehabilitated and reformed outside of
the prison.
b. Probationer
- a person placed on probation.
c. Probation Officer
-one who investigates for the court a referral for probation or supervises a probationer or both.
d. Probation Administration
- created under the Department of Justice an agency to be known as the Probation Administration
herein referred to as the Administration, which shall exercise general supervision over all probation
e. Trial Court
-the court having granted by the law the authority to grant an application for probation, impose
conditions of probation, revoke, or cancel the same.
Generally, a trial court is the court before which the hearing of the accused for the crime committed has
been held. For example, if the case is murder, committed in Quezon City, and the accused is heard for such
offense in the Regional Trial Court, Quezon City, the trial court herein is the Regional Trial Court of Quezon
City.
f. Probation Order
- an order of the court granting probation, and imposing conditions therefore.
Basically, the probation order is a piece of paper showing the decision of the court as to the application
for probation previously file by the person previously convicted of a probationable offense. The contents
thereof include the statement of the trial court approving the previous application for probation filed by the
accused, the conditions of probation, both mandatory and discretionary conditions, the period of probation,
penalty in case of violation of the conditions and such other pertinent matters to the said probation.
g. Order of Final Release
Mendozamyko
-an order of the court recognizing compliance by the probationer of the conditions of probation, good
conduct of the probationer during the period of probation, allowing the release of the probationer from the
program.
An order of final release is basically compared to a diploma. A diploma basically is an evidence of the
completion of the education of a certain students, and a proof that he could accelerate to the next step of his
educational journey or job. This is the same principle as an order of final release. The said order is a proof of
completion of the period of probation as well as compliance with the conditions thereof. This is indispensable
before the person previously convicted with a probationable offense could be totally discharge and be freed
from any obligations, responsibilities arising from the probation as well as the final discharge or termination of
the case to which he as been previously convicted.
h. Recognizance
-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 the abject of poverty.
Basically, a recognizance is a bail based on the reputation of a certain person. This is manifested in a
case when a Municipal Mayor for example or a Brgy. Captain, or someone who has good standing in the
society and is credible enough to give assurance to the court as to the attendance of the accused of any
hearing or any other occasion where the presence of an accused or a person previously convicted but has
previously applied for probation, and he posted for bail while waiting for the court’s decision.
The Origin of Probation:

a. Two names which are mostly associated with the founding of probation:
 Matthew Davenport Hill
-regarded as the “father of probation in England”
-an English barrister and a judge, who acted for and in behalf of Juvenile Offenders and stood by the
belief that there is better hope of reformation of juveniles when under the care of their guardians than in prison.
Matthew Davenport Hill, a lawyer from England is also noted to have contributed to the development of
modern probation. Hill had witnessed the sentencing of youthful offenders to one-day terms on the condition
that they be returned to a parent or guardian who would closely supervise them. When he eventually became
the Recorder of Birmingham, a judicial post, he used a similar practice for individuals who did not seem
hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in the hands of
generous guardians who willingly took charge of them. Hill had police officers pay periodic visits to these
guardians in an effort to track the offender's progress and keep a running account.
 John Augustus
-regarded as the “father of Probation in USA”
-coined the word “probation”
-he began to visit courthouses because of his membership with the Washington Total Abstinence
Society, formed in Boston in 1941 to promote temperance and to reclaim drunkards
- John Augustus, the "Father of Probation," is recognized as the first true probation officer. Augustus
was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of Boston and the owner
of a successful boot-making business. It was undoubtedly his membership in the Washington Total Abstinence
Society that led him to the Boston courts. Washingtonians abstained from alcohol themselves and were
Mendozamyko
convinced that abusers of alcohol could be rehabilitated through understanding, kindness, and sustained moral
suasion, rather than through conviction and jail sentences.
In 1841, John Augustus attended police court to bail out a "common drunkard," the first probationer. The
offender was ordered to appear in court three weeks later for sentencing. He returned to court a sober man,
accompanied by Augustus. To the astonishment of all in attendance, his appearance and demeanor had
dramatically changed.
Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders helped
by Augustus were alcohol abusers, nor were all prospective probationers taken under his wing. Close attention
was paid to evaluating whether or not a candidate would likely prove to be a successful subject for probation.
The offender's character, age, and the people, places, and things apt to influence him or her were all
considered.
Augustus was subsequently credited with founding the investigations process, one of three main
concepts of modern probation, the other two being intake and supervision. Augustus, who kept detailed notes
on his activities, was also the first to apply the term "probation" to his method of treating offenders.
By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only 10 of this
number forfeited their bond, a remarkable accomplishment when measured against any standard. His
reformer's zeal and dogged persistence won him the opposition of certain segments of Boston society as well
as the devotion and aid of many Boston philanthropists and organizations. The first probation statute, enacted
in Massachusetts shortly after this death in 1859, was widely attributed to his efforts.
Following the passage of that first statute, probation spread gradually throughout the United States. The
juvenile court movement contributed greatly to the development of probation as a legally-recognized method of
dealing with offenders. The first juvenile court was established in Chicago in 1899. Formalization of the intake
process is credited to the founders of the Illinois juvenile court. Soon after, 30 states introduced probation as a
part of the juvenile court procedure. Today, all states offer both juvenile and adult probation.
b. The Development of Probation
The origin of probation can be traced to English criminal law of the Middle Ages. Harsh punishments
were imposed on adults and children alike for offenses that were not always of a serious nature. Sentences
such as branding, flogging, mutilation, and execution were common. During the time of King Henry VIII, for
instance, no less than 200 crimes were punishable by death, many of which were minor offenses.
This harshness eventually led to discontent in certain progressive segments of English society that were
concerned with the evolution of the justice system. Slowly but resolutely, in an effort to mitigate these
inhumane punishments, a variety of measures were devised and adopted. Royal pardons could be purchased
by the accused; activist judges could refrain from applying statutes or opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders could be charged with a lesser crime. Also,
methods such as benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree of
protection from the enactment of harsh sentences.
Eventually, the courts began the practice of "binding over for good behavior," a form of temporary
release during which offenders could take measures to secure pardons or lesser sentences. Controversially,
certain courts began suspending sentences.
Mendozamyko
Probation first developed in the United States when John Augustus, a Boston cobbler, persuaded a judge in
the Boston Police Court in 1841 to give him custody of a convicted offender, a "drunkard", for a brief period
and then helped the man to appear rehabilitated by the time of sentencing.
Massachusetts developed the first statewide probation system in 1878, and by 1920, 21 other states had
followed suit.
In the early 19th century, English Magistrates initiated experiment to some young and inexperienced
offenders from the stigma of prison. They made use od latitude allowed under the common law to bind over
defendants.
The first practical demo of probation, the first use of the term probation as a court service and
the first law on probation was enacted in Massachussets.
Probation was first legally established in the US. They are the country that first enacted the law but its
origin came from English common law.
Massachussets Governor Alexander Rice- provided appointment and prescribed duties for paid probation
officers.
c. The Forerunners of Probation

1. Benefits of the Clergy
- Henry -II in the 13th century
This originated in a compromise with the Church which had maintained that a member of the Clergy
brought to trial in the King’s Court maybe claimed for that jurisdiction by the bishop or Chaplain requesting him
on the groundthat he is subject to the ecclesiastical court only.
The benefit resulting for the compromise is that the jurisdiction is maintained with the Kings
Court sentencing greater leniency is done resulting to escape from death penalty
2. Judicial Reprieve
- temporary withholding of sentence used by early English judges.
-from “reprende” meaning “make fade”
This is a temporary withholding of sentence either before or after judgment; as where the judge is not
satisfied with the verdict, or the evidence is suspicious, or the indictment is insufficient, or he is doubtful
whether the offense be within the clergy; or sometimes it is a small felony, or any favorable circumstances
appearing in the criminal’s record.
3. Recognizance
- binding over good behaviour
-older method of suspending or deffering
-directs ancestor of probation
-14th century originated as a measure of preventive justice involving an obligation or promise under
court order of a person not yet convicted that he wold keep the peace and be of good behaviour.
-Sureties on bail are usually required and the person who stood as the surety has thepower and duty to
impose thecondition and return the prson to court if he commits another crime or fail to comply with the
conditions
It originated as a measure of preventive justice, involving an obligation or promise, sworn to under court
Mendozamyko
order by a person not yet convicted but thought likely from the information brought to court to commit a crime,
that he would keep peace or be of good behavior.
4. Transportation/Banishment
– principal method of disposing offenders riding country of animals
-substitute for brutal punishment at home and opportunity to rehabilitate in a new country
This was chiefly riding the country of criminals, but it later develop as a plan for supplying new colonies
for cheap labor. It was also an attempt to substitute for brutal punishment at home an opportunity for
rehabilitation in a new country.
d. The Philippine Probation System

Probation was first introduced in the Philippines during the American colonial period (1898-1945) with
the enactment of Act 4221 on August 7, 1935 by the Philippine Legislature. This Law created a Probation
Office under the Department of Justice. However due to some defects in its procedural framework, it was
declared unconstitutional by the Supreme Court on November 16, 1937 after barely two years of existence.
In 1972, House Bill No.393 intended to establish a probation system in the Philippines was filed in
Congress. This bill avoided the objectionable features of Act 4221 which was the cause of its declaration as
unconstitutional. The bill was passed by the House of Representatives and was pending in the Senate when
Martial Law was declared, and the Congress was abolished.
Three years after in 1975, the National Police Commission acting on a report submitted by the
Philippine delegation to the 5th United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, created an Interdisciplinary Committee tasked to formulate a national strategy to reduce crime and
to draft a probation law. Eighteen Technical hearings were done over a period of six months involving
international experts in the field of corrections and when presented to a selected group of jurist, penologist,
civic leaders, social and behavioral practitioners, it was overwhelmingly endorsed the establishment of an Adult
Probation System in the Philippines. On the last day of the First National Convention on Crime Control held at
Camp Aguinaldo, Quezon City, Presidential Decree No, 968 also known as Adult Probation Law of 1976 was
signed into law by the President of the Philippines, His Excellency Ferdinand E. Marcos. The law gave birth to
the agency named Probation Administration, a line agency under the Department of Justice.
The operation of the probation system in 1976-1977 was a massive undertaking during which all
judges and prosecutors nationwide were trained in probation methods and procedures; administrative and
procedural manuals were developed; probation officers were recruited and trained; and the central office and
also the probation field offices were organized throughout the country. Fifteen probation officers were selected
from the first batch of trainees for an observation tour to the Los Angeles Training Academy, April 1, 1977.
Upon their return, they were assigned to train the newly recruited probation officers. The probation system
started to operate on January 3, 1978. As more probation officers were recruited and trained as more
probation field offices were opened. At present there are 183 field offices spread all over the country,
supervised by 15 regions.
The enabling law that governs the administration and operation of the probation system in the country
is Presidential Decree No. 968, or the Adult Probation Law of 1976.Since its promulgation on July 24, 1976,
the Adult Probation Law has undergone several amendments such as: Presidential Decree No 1257 approved
on December 1, 1977, allowing public prosecutors to participate in the probation process by directing them to
Mendozamyko
make a comment on the application for probation. Batas Pambansa Blg.76 (BP 76) signed June 9,1980,
extending the benefits of probation to convicted offenders whose prison sentence imposed was six years and
one day. Formerly, it was only for those convicted offenders whose prison sentence is six years. Presidential
Decree No.1990 promulgated on October 15, 1985 , provided that the application for probation shall no longer
be entertained or granted if the defendant has perfected an appeal from the judgment of conviction. Further, it
also amends BP 76 returning it to six years.
On November 21, 1987, a new Administrative Code was adopted by the Philippine government under
Executive Order No. 292.The Code transferred the function of supervising parolees and pardonees which
heretofore were supervised by the trial courts, to the Probation Administration. Executive Order 292 also
changed the name of the agency to Parole an d Probation in order to reflect the change in its mandate.
In 1991, the Parole and Probation Administration was assigned the new task of conducting pre-parole
and executive clemency investigation in all city and provincial jails and prepare pre-parole reports for the
Board of Pardons and Parole. This new task was mandated by BPP Resolution No. 229, dated April 2, 1991.
Republic Act 9165 known as the Comprehensive Dangerous Drug Act of 2002 signed on January 23, 2002,
which repealed Republic Act 6425, the Dangerous Drugs Act of 1972 which provides under Section 57 ,
Probation and Community Service under the Voluntary Submission Program an after care program in lieu of
imprisonment and or fine.
On April 28, 2006, Juvenile Justice and Welfare Act of 2006 was signed into a law. This Act established a
comprehensive juvenile justice and welfare system in the country. Parole and Probation Administration was
tasked to develop individualized probation program appropriate for the correction and rehabilitation of children
in conflict with the law consistent with the objectives of rehabilitation and reintegration provided in the Act.
THE PHILIPINE PROBATION LAW OF 1976 (PRESIDENTIAL DECREE No. 968 July 24,
1976)
This law has been the core of the subject, Non-Institutional Correction ever since. It is the a
manifestation of the humanitarian aspect of correction and the epitome of rehabilitation outside of the prison
cells. This law has been the legal basis of almost 80 per centum of correction outside of the institution. It has
been passed with the following purposes:
(a) to promote the correction and rehabilitation of an offender by providing him with individualized treatment;
(b) to provide an opportunity for the reformation of a penitent offender which might be less probable if he were
to serve a prison sentence; and
(c) to prevent the commission of offenses.
INTRODUCTION TO THE CONCEPT:
Probation as a concept is one thing. Probation as a legal term in the Philippines is

another. Probation as a concept is broad such that all forms of correction outside the
Mendozamyko
prison may be related to the same term. However, this is not true in the legal
parlance. Below is a discussion of probation as a legal concept. Let us take a look at the
following legal principles under the Probation Law and let us discuss them one by one.
Section 3. Meaning of Terms. As used in this Decree, the following shall,

unless the context otherwise requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction

and sentence, is released subject to conditions imposed by the court and
to the supervision of a probation officer.
Notes to Remember :
1. Take note that a person can only be granted with probation if he has been previously convicted and sentenced.
Ex. Mr. A shot Mr. B in the arm. Mr. B did not have any mortal wound on his body but he has been admitted
to the hospital and is currently receiving his treatment. Mr. A was arrested by Police Officer Papogi and is now
undergoing preliminary investigation.
Q: Can Mr. A avail of Probation?
A: NO, Mr. A cannot avail of probation.
Under section 3 of PD 968, a person can only avail of probation once he has been convicted and sentenced.
In the case at bar, Mr. B is not yet convicted and sentenced by the court as the case is still under preliminary
investigation/with the prosecution pillar.
Thus, Mr. A cannot avail of probation yet.
2. What does it mean by the word “conviction and sentenced”?
Conviction refers to the adjudication, judgment or decision of the court finding the accused guilty of the crime
charged.
Ex: When the Court says, Mr. Papogi is found guilty of attempted homicide beyond reasonable doubt.
Sentenced is a verb which means that the court has already imposed the corresponding penalty to the offense
charged.
Ex. When the court says, Mr. Papogi is sentenced to prision correccional in its medium period to prision mayor
in its minimum period.
(b) "Probationer" means a person placed on probation.
Mendozamyko
(c) "Probation Officer" means one who investigates for the court a
referral for probation or supervises a probationer or both.
In b and c of the same section, it is simple. The probationer is the convict that has applied for the
probation, while the probation officer is the government employee appointed to supervise the probationer
during the period of probation. He is also the one who conducts the post-sentence investigation to determine
the suitability of placing the offender under the probation program and once approved, he supervises the
probationer. He sees to it that all the conditions of the court are being met by the probationer. If the latter fails
to fulfil his obligations under the probation order issued by the court, it is also the probation officer who
reports such a failure or violation of the probationer to the court.
Let us take a look at the legal provisions on probation officers.
Section 23. Provincial and City Probation Officers. There shall be at

least one probation officer in each province and city who shall be
appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary

of at least eighteen thousand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the
proper court or the Administrator;
(b) instruct all probationers under his supervision of that of the

probation aide on the terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers

under his charge and use all suitable methods to bring about an
improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit such written
reports as may be required by the Administration or the court having
jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he

is assigned who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's
supervision of probationers;
Mendozamyko
(g) exercise supervision and control over all field assistants, probation
aides and other personnel; and
(h) perform such duties as may be assigned by the court or the

Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation

Officers.
THIS SECTION, IS ALREADY AMENDED BY RA 10707 (AN ACT

AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE
KNOWN AS THE “PROBATION LAW OF 1976”, AS AMENDED)
THE AMENDED VERSION IS AS FOLLOWS:
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.”
The above section enumerates the duties of the probation officer under the probation law. This
enumeration, however, is not exclusive. The court has the power to impose other duties upon him whenever it is
necessary for the rehabilitation of the probationer based on the surrounding facts and circumstances. If the
probation officer failed to comply with his duties under the probation law, he may be administratively charged
or even civilly and criminally depending on the gravity of the act or omission committed by him.
THE GRANT OF PROBATION
Section 4, of PD 968 is the legal basis for the grant of probation. It is the general provision that provides for the
summary of the most basic details on the grant of probation by the court. This section shall be discussed by
piecemeal in this module
Section 4. Grant of Probation.
THIS SECTION IS ALREADY AMENDED BY RA 10707 (AN ACT

Mendozamyko
“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.”
Rules under PD 968 as amended by RA 10707 emphasized by this section:
 General Rule: Probation and Appeal are mutually exclusive remedies. Filing for one bars the other
remedy(mutual exclusivity rule)
Exceptions:
Mendozamyko
a. withdrawal of application for probation
b. initially unprobationable so it was appealed and the sentence was modified to probationable
Note: The mutual exclusivity rule does not apply to a motion for reconsideration
Let us take a look at this case as decided by the Supreme Court:
De Los Santos vs. Court of Appeals

Gr. No. 181306
Facts:
Paterno de los Santos was found guilty of the crime of intentional abortion. He later on filed for an
appeal, but the Court of Appeals had affirmed his conviction. Upon denial of his appeal, he filed an application
for probation with the trial court. The court rejected his application and ruled that he is ineligible to apply for
probation, considering the fact that he has waived his right to avail the benefits of the probation law when he
appealed the judgment of conviction by the trial court.
Issue:
Whether the petitioner is entitled to the benefits of probation, considering that he had appealed his
conviction, contrary to the provisions of section4, PD 968, as amended by PD 1990.
Held:
Probation is a special privilege granted by the state to a penitent qualified offender. It essentially rejects
appeals and encourages an otherwise eligible convict to immediately admit his liability and save the state the
time, effort and expenses to jettison an appeal.
It is undisputed that the petitioner appealed from the decision of the trial court. This fact alone merits the
denial of the petitioner’s application for probation. Having appealed from the judgment of the trial court and
having applied for probation only after the Court of Appeals had affirmed his conviction, petitioner was clearly
precluded from the benefits of probation consistent to the provisions of section 4, of the probation law.
Colinares vs. People

Gr. No. 182748
Facts:
Colinares was convicted of frustrated homicide by the trial court and was sentenced to suffer
imprisonment of 2 years and 4 months of prision correccional to 6 years, 1 day of prision mayor. He later
appealed his case to the Court of Appeals. The Court of Appeals ruled that he is guilty of attempted homicide
only which is punishable by imprisonment of not more than 6 years. Upon receipt of the judgment, he applied
for probation since the penalty for attempted homicide is probationable.
Issue:
Mendozamyko
Is Mr. Colinares barred by the mutual exclusivity rule to apply for probation since he had previously
applied for an appeal?
Held:
No, he is not barred.
The Probation Law never intended to deny the accused of his right to probation through no fault of his.
The underlying philosophy of probation is on the liberality towards the accused. In this case, there is no fault
on the part of the accused when he applied for appeal for the first time as the penalty for the crime of frustrated
homicide is unprobationable. He is left with no other choice than to appeal the same.
In the real sense, the court finding that Arnel was guilty, not of frustrated homicide but of attempted
homicide, a probationable penalty,is considered as an original convictionthat for the first time imposes a
probationable penalty. Had theRTC done him right from the start, it would have found him guilty for the
correct offense and imposed him the right penalty of less than 6 years, it would have afforded him the right to
probation. Thus the general rule of mutual exclusivity could have properly been enforced.
General Rule : The trial court that convicted and sentenced the accused has the authority to grant
probation
Exception: if the application is based on a modified decision rendered by appellate court, it shall be filed in the
trial court where the judgment of conviction imposing a non-probationable penalty was rendered.
FLOWCHART ON THE GRANT OF PROBATION

Conviction and Filing of Application for Court directs the Probation P. Officer
Sentence of the probation to the trial Officer to conduct Post- conducts the
Accused court Sentence Investigation (PSI) PSI and submit
report thereto
The Court
The court issued
decides
order reflecting its
whether to grant
decision.
or deny the
application.
Steps in the Grant of Probation:
1. Application
Basically, the application probation is the first step for the grant of probation. It is when the probationer
files an application before the court through the formalities required to be reduced in writing signed by him
through his counsel. Mendozamyko
General Rule: The period to file for probation is the period for making an appeal (15 days)
Exceptions:
a. minors-at anytime even after such period or even during the pendency of an appeal
b. modified decision from non-probationable to probationable- before decision becomes final
2. Referral for the conduct of Post-Sentence Investigation
After receipt of the application filed by the court, the court designates/ appoints a probation officer who
would be tasked to perform the post-sentence investigation. The conduct of such an investigation is the first task
of a probation officer.
How is this done?
The court shall issue the appointment papers and pertinent documents to the probation officer. Then,
another order will be issued by the court which directs the probation officer to conduct the said post-sentence
investigation.
3. Post-Sentence Investigation
A Post- Sentence Investigation (PSI) is an investigation to be conducted by the probation officer to
collect and analyze the social background of a person convicted of a crime to determine his suitability of being
placed under probation.
It is conducted pursuant to section 5, PD 968 which states:
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.
There are various ways of conducting this investigation but the most common way is interview of those people
who knows the applicant for probation regarding his background, reputation, status, history etc. So if a person
is an employee of a company the probation officer may interview his employer, guidance/disciplinary
committee of their company, his friends, schoolmates, workmates etc. He may even ask for pertinent
documents on the matter.
Indispensability of the Post-Sentence Investigation(PSI) in the grant of Probation
Mendozamyko
The conduct of PSI is indispensable in the grant of probation. There can be no probation without it as it
is the basis for the decision of the court as to whether it would grant or deny the application. A probation
granted without the prior conduct of the PSI is legally flawed and may be contested anytime.
4. Post-Sentence Investigation Report
After the conduct of the PSI, the probation officer is required to submit to the court his report hereto. He
is constrained to summarize the data, present his findings and interpose his recommendation as to whether the
court should grant or deny the application. This recommendation however, is not automatically adopted by the
court. It can only serve as a basis for its decision on the matter. Let us take a look at the legal basis of this
principle embedded in section 6 and 7 of the Probation Law.
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.
The investigation report mentioned herein refers to the report made by the probation officer of the
conduct of the post-sentence investigation. It includes his recommendation whether to grant the application for
probation or not.
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.
5. The court shall make its decision on the application for probation.
After receiving the report, the court may now make its decision taking into consideration the surrounding facts
and circumstances. The decision of the court shall either be the grant or the denial of the application.
Again, the PSI and the recommendation of the probation officer shall not automatically bind the courts. rather,
such may only be the basis of its decision. It may adapt or discard the same and it may also direct another
Mendozamyko
investigation on the same application. The court’s power on this matter is broad.
Let us take a look at some legal principles that will serve as the basis of the court’s decision.
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.
The criteria mentioned herein are not exclusive. The court may add for other criteria that it may deem
proper under the circumstances. These are merely the basics. These will be the basis of the court as to whether
it will grant or deny the application.
Section 9. Disqualified Offenders.
THIS SECTION, IS ALREADY AMENDED BY RA 10707 (AN ACT

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);
Mendozamyko
“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.
The above-mentioned are only disqualifications set forth by law which means that when an applicant for
probation has any of the above-mentioned, he automatically cannot avail of probation but when he does not
have any of such, it doesn’t automatically mean that he can be granted of probation because the grant of
probation is discretionary on the part of the court taking into consideration the surrounding circumstances.
6. The Court shall issue an order which reflects its decision on the matter.
After the court has made its decision, it shall issue an order to the effect. It shall reduce in writing its
decision, the basis thereof, its conditions and such other matters which it may deem proper. A copy thereof shall
be furnished to the applicant and his lawyer. This order shall be called as the probation order.
A probation order is regarded as the passes or legal ticket of a person to be admitted to probation. Its
issuance shall mark the start of the whole probation process. It is crucial to a probationer’s life as it will
determine the period of probation, the conditions of probation, several requirements, the supervision of the
probationer and other specific details in a probation program.
Section 11 herein provides for the effectivity of this order.
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.
Let us also take a look at some of the conditions of probation which may be imposed by the court, and
included in its order of probation. There are two major type of conditions in a probation order. One is the
mandatory type while the other is discretionary. These are the following:
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
Mendozamyko
place as specified by said officer.
Notes to remember:
These two are the mandatory conditions of probation. Meaning, it is required for the probationer to
comply with these two. Failure to comply with these may result to the revocation of the probation. These two
are exclusive in nature because the court cannot impose any other mandatory conditions other that these two.
What the court can merely add, modify, or omit are those conditions that fall on the next category of kind of
conditions imposed in a probation program.
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.
Notes to Remember:
These are considered as discretionary or optional conditions of probation. It is the choice of the court
Mendozamyko
whether to impose these or not. If probationer happen to violate these, it is also discretionary on the court
whether to revoke his probation or not.
The court has broad and flexible powers when it comes to the imposition of these conditions. It can impose as
much conditions as it deemed proper. It can also modify such terms and conditions on the basis of section 12
of the Probation Law. However, eventhough the court is allowed to modify such conditions, it has to make sure
that such modification is consistent with the rehabilitation of the offender and the purpose of the probation
program.
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.
C. REFERENCE:
 Probation Law retrieved from en.m.wikipedia.org on January 2020
 Judge Marlo B. Campanilla, (2017) Criminal Law Reviewer Book 1, Rex Publication
D. ASSESSMENT:
To be Announced
Unit IV

 Students will be able to understand the Philippine Law on Probation
 Students will be able to identify the salient features of the laws as provided herein
 Students will be able to compare PD 968 and RA 10707, and identify the significant amendments of the
Philippine Law on Probation
 Students shall be able to differentiate the roles of the probationer, probation officer and the court in the
process of probation
B. LECTURE:
PROBATION PROPER
Mendozamyko
Probation allows a person convicted of a crime the chance to remain in the community instead of
going to jail. Probation requires that the probationer will comply with certain conditions and court-ordered
rules under the supervision of a probation officer. In this module, we will be discussing what will happen
during the period of probation. Before we proceed let us first discuss about the period of probation. Below is
the pertinent provision of PD 968 as to the period of 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.
However, the period of probation as provided by the law should not be viewed as the actual period of the
probation program. It does not necessarily mean that if an offender has completed the two or six year period,
he is automatically free from supervision by the court because his release from the probation program is not
solely determined by the period herein provided but he also needs the authority and approval of the court
before he is completely released from such. This is due to the fact that the court has granted its probation and
thus it is the same court which has authority to grant its termination.
Probation is not coterminous with its period
Probation is not coterminous with its period. There must be an order issued by the court discharging the
probationer. Upon finding that he has fulfilled the terms and conditions of his probation, the court may order
the final discharge of the probationer.
What Happens During the Probation Proper?

During the probation proper the probationer is to perform his responsibilities pursuant to the probation
program. He had to make sure that he comply with all the conditions and rules of his probation program as
imposed by the court.
The Probation Officer and the Probation Administration are both tasked to supervise the probationer
during the period of probation. The only difference is that the administration is the agency tasked by the law to
have general supervision over all probationers while the probation officer is tasked by the court to supervise a
specific probationer throughout his entire program. Here is the pertinent provision of the law on that matter.
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.
Mendozamyko
Section 18. The Probation Administration. There is hereby created under
the Department of Justice an agency to be known as the Probation
Administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel
as may be necessary for the proper execution of its functions.
Section 19. Probation Administration. The Administration shall be

headed by the Probation Administrator, hereinafter referred to as the
Administrator, who shall be appointed by the President of the
Philippines. He shall hold office during good behavior and shall not be
removed except for cause.
The Administrator shall receive an annual salary of at least forty

thousand pesos. His powers and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the
latter may prescribe, concerning the operation, administration and
improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the

necessary rules relative to the methods and procedures of the probation
process;
(e) recommend to the Secretary of Justice the appointment of the
subordinate personnel of his Administration and other offices
established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.
Thus, the probationer cannot violate any of the conditions of probation. If he does, the law also provides
for specific sanctions thereto. This is to compel the probationer to cooperate with the program for him to be
properly rehabilitated.
What Happens if the Probationer Complies with the Conditions of Probation?
If the probationer complies with the conditions of probation, he is likely to be discharged immediately
by the court because the purpose of the probation is met in this case. The court considers the compliance or
non-compliance of the probationer of the terms and conditions of probation as a deciding factor in determining
the period of probation as well as the termination of the probation.
The success of the probation program is determined by fact that the purposes of probation were
achieved. As to whether the purposes are achieved, one of the measures therein is the compliance of the
probationer of the conditions of probation.
What Happens if the Probationer Violates the Conditions of Probation?
Before a probationer is deemed as a violator of the conditions of probation, the court will afford him the
concept of due process. Due process is important herein because when a probationer violates one of the
Mendozamyko
conditions of probation, the court may punish him up to the extent of ordering the revocation of the probation
and remanding him to prison where he will serve his sentence.
Below is the pertinent provision of the law on this matter:
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.
Here is the summary of the processes that a probationer will undergo once he had violated the terms and
conditions of probation.
1. Report of the Violation

The tasked of the Probation Officer includes making sure that the probationer performs his
obligations and comply with the terms and conditions of probation. Once he finds out, based on his
assessment that the Probationer violated one or more of the conditions of probation, he is tasked to
report the said violation to the court. He is required to attach in his report the pieces of evidence to
prove said violation.
2. Arrest
Upon receipt of the report of the violation and examination, the court may issue a warrant of
arrest for the arrest of the probationer. The word used herein is “may” meaning that the court may
only issue the same when the circumstances require it. Thus if a probationer gives up himself to the
court upon being informed of such. There will no longer be a need for the issuance of a warrant of
arrest.
3. Hearing
This is required to afford the probationer with due process. The court cannot just impose penalty
on the probationer based solely on the report of the probation officer. Neither can it just revoke the
probation on this ground. The court has to comply with the hearing requirement under section 15 of
PD 968. This is in accordance with the constitutional principle of due process. This concept is
inviolable. Not affording the same to the probationer will invalidate the entire process of revocation
or imposition of the penalty upon him.
Characteristics of the hearing:
a. Informal
b. Summary
4. Bail
This is a security given by the probationer to the court as his mode of temporary release while
Mendozamyko
waiting for the result of the hearing on his alleged violation.
5. Decision of the Court
After the summary hearing on the violation, the court will render its decision on the matter. Its
decision will contain the following:
 Whether or not there is a violation based on the evidence presented
 If there is no violation, the court will order the continuation of the probation program
 If there is a violation, the court will issue the pertinent order on the matter such as the revocation of the
probation or modification of its condition.
6. Enforcement of the Decision of the Court
Below is a flowchart of the process in case of violation of the conditions of probation:
The Probation Officer will report The Court will conduct a hearing
Decision of the
the said violation to the court on the matter. The hearing will
Violation Court
and submit evidence to support be summary and informal
the same.
Court finds
violation on the
part of the The court finds
probationer. no violation on
The accused may
the part of the
apply for his
probationer
Non-Institutional Corrections temporary liberty
DCCP-CCJE LAOAG 2020-2021 Page 42 and be released
on bail pending
hearing
The court orders
revocation of the
probation, The court orders
modification of the continuation
the conditions or of the program
any other
sanctions
The order of the

court is not
appealable.
NATURE OF THE RECORDS OF PROBATION

The records of probation are treated by the law with great respect and sanctity. It restricts the
dissemination of such information so it has purposely intended to classify the said files as confidential. The
law intends to reach the objectives of probation and at the same time to protect the dignity and worth of the
probationer as an individual.
Mendozamyko
The framers of the law respectfully believe that it is more in accordance with the rehabilitation of the
offender if the records of the process is treated with utmost respect and the dignity of the probationer is upheld
since the crime committed is not that grave as the penalty imposed does not exceed six years.
In passing the probation law, the liberal and humane approach was upheld by the state in the exercise of
its law-making power considering the gravity of the offense.
However, the confidentiality rule is not a rigid or strict rule. Just like any other rules, it admits
exceptions when necessity requires the disclosure of such information. Under the law, the following are the
exceptions provided:
1. When the probationer himself asks for his records
2. When the attorney of the probationer asks for such records for the purpose of inspecting the same when
the best interest of the probationer requires such.
3. When any government office or agency engaged in the correction or rehabilitation of the offenders
necessarily requires such documents for official use.
4. When the court requires the same.
5. When the Probation Administration requires the same.
These exceptions have one thing in common. The access of the records of probation does not in any
manner compromise the dignity of the probationer nor cause prejudice upon him. Rather, they are more of a
form of protection of the probationer’s interest or for official records only. Thus, these exceptions provided by
law does not in any manner defeat the very purpose of the confidentiality doctrine.
Below is the pertinent provision of the law on this matter.
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.
The seriousness of the imposition of the law of the confidential nature of such records is manifested by
the imposition of sanctions and penalty to those who will violate the confidential nature of the said
information or files. Such that if a person, without proper authority discloses any information obtained from
the records of probation to any person he is to suffer a penalty of imprisonment and fine.
There are two ways to violate the confidentiality rule in PD 968. Firstly, when a person is not authorize
to access the probation record unlawfully obtained information of the same or a person who has access to such
information by reason of his position, or work, and discloses the same to another without proper authority.
Thus, if Mr. A is a mere observer of the court, or someone who just passes by the vicinity surreptitiously
opened the file folder of the probation records of Mr. B, took a picture of the same and uploaded it in social
media, the confidentiality rule is violated. At the same time, if the Mr. A is an employee of the probation
Mendozamyko
administration and by reason of his employment, he has access on the probation records of Mr. B, and shared
the same to the owner of the company where Mr. B applied for a job so that the said owner will know the
background of Mr. B as well as the fact that he has been previously convicted by the court, is also a violation
of the confidentiality doctrine.
Below is the pertinent provision on this matter.
Section 29. Violation of Confidential Nature of Probation Records. The
penalty of imprisonment ranging from six months and one day to six
years and a fine ranging from hundred to six thousand pesos shall be
imposed upon any person who violates Section 17 hereof.
TERMINATION OF PROBATION
The termination of probation is the endpoint of the probation program. It refers to the total release of a
person from the probation program. Once the probation s terminated, the probationer is released from the crime
he has previously committed and is free to live his life according to his will, this time there will no longer be
rules or conditions imposed.
Before a probation is terminated, the law requires the concurrence of the following:
1. The compliance of the period of probation as provided in section 14 of PD 968
2. Compliance of the probationer of all the conditions imposed by the court
3. Report and recommendation of the probation officer in favor of the release of the probationer from the
probation program
4. An order of final release issued by the court.
Order of Final Discharge
This is an official order issued by the court which has the effect of terminating the probation program
and releasing the offender of all duties as well as the conditions imposed by the probation order. The order of
release is an important document to consider before releasing the offender such that even if the period of
probation as provided by the law has already been completed, the probation is not automatically terminated
without the order of final discharge or release issued by the court.
Below is the pertinent provision of the law on this matter:
“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.”
Mendozamyko
According to section 16, the termination of probation has the following effects:
1. Restoration of all civil rights lost or suspended as a result of the conviction of the
probationer.
2. Total extinguishment of the criminal liability of the probationer.
After the concurrence of all the requirements of the termination of probation, the court can put an end to
the probation program and the probationer can be released from the supervision of the probation officer or the
conditions imposed by the court under the probation program. Thus, he is a free man who can live his life as he
pleases. He can now fully enjoy all his rights as a normal citizen.
AN OVERVIEW OF THE PROCESS OF PROBATION
Whenever someone is convicted of a crime, whether it is a misdemeanor or a felony, the court may
sentence the person to incarceration, stay or suspend the time, and then place the defendant on probation
for a certain time. Another alternative is for the court to require that the defendant spend some time in jail
and then be placed on probation for the remainder of the sentence.
Before a defendant is sentenced, a probation or even a pre-plea report may be prepared to assist the
court in determining if the defendant is suitable for probation and what conditions are to be followed
Probation reports are documents prepared by a probation officer though a social worker or
psychologist may draft them as well. Courts are not required to have a report prepared in misdemeanor
cases except if it is a sex offense that requires registration as a sex offender 3. Probation reports are required
in felony cases before a judge imposes sentence.
In many cases, the probation report is influential in whether the defendant should be placed on
probation, what conditions should be followed and for how long. For sex crimes, the probation officer
makes a recommendation as to whether the defendant should register as a sex offender These reports are
prepared after a defendant has entered a guilty or nolo contendre (no contest) plea and prior to the
sentencing hearing.
The individual preparing the report for the probation department will examine the following factors:
 The circumstances of the offense
 The defendant’s criminal history
 Employment status and history
 Instances or history of drug or alcohol abuse
 Family situation
 Defendant’s efforts at rehabilitation including participation in a drug or alcohol program
 If restitution has been made or should be paid
 Victim’s status and possible victim impact statement in serious felony or domestic battery cases
A probation officer may talk to the investigating officer and victim. Also, the probation officer is
permitted to consider and factor in their conclusions any hearsay statements or evidence unlawfully
obtained that would otherwise not be admissible at trial. Also, evidence of sustained juvenile convictions
may also be considered in the final recommendations even for adult defendants.
After all these initial steps shall have been taken, the court will evaluate the application for probation
and the process manifested under PD 968 shall be followed.
Mendozamyko
AN OUTLINE OF THE PROCESS OF PROBATION UNDER PD 968
PETITION FOR
applicant may
apply for bail
court Q
PROBATION determines
or
qualification/di
recognizance POST-SENTENCE PSI Report and
squalifications
while awaiting
DQ for the court’s
INVESTIGATION Recommendatio
n
decision
DQ G
deny D
application
Court issues
Non-Institutional Corrections Probation
DCCP-CCJE LAOAG 2020-2021 Page 46 Order
cannot appeal
Probation Proper
serve sentence Expiration of

Period of
Probation
Probation
Officer
reports to
Court
Order of
Final
Discharge
After actual receipt of Order, case is closed
Mendozamyko
C. REFERENCE:
D. ASSESSMENT:
To be Announced
Unit V
1. Identify the different types of executive clemency
2. Differentiate these types
3. Apply the law relative to each
4. Identify the different types of executive clemency
5. Differentiate these types
6. Apply the Indeterminate Sentence Law when given a practical problem involving such law.
B. LECTURE:
EXECUTIVE CLEMENCIES
Executive Clemency
- the power of a President in federal criminal cases, and the Governor in state
convictions, to pardon a person convicted of a crime, commute the sentence (shorten it, often to time already
served) or reduce it from death to another lesser sentence. There are many reasons for exercising this power,
including real doubts about the guilt of the party, apparent excessive sentence, humanitarian reasons such as
illness of an aged inmate, to clear the record of someone who has demonstrated rehabilitation or public service,
or because the party is a political or personal friend of the Governor.
How May Executive Clemency Be Exercised? (CRAC)
1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.
COMMUTATION
In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The
penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning
by the court (a full overturning is equal to an acquittal), a commutation does not affect the status of a
defendant's underlying criminal conviction.
Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal
penalty for the original sentence, some jurisdictions have historically used the term only for the substitution
of a sentence of a different character than was originally imposed by the court. [2] For example, the
substitution of a sentence of parole for the original sentence of incarceration. A jurisdiction that uses that
definition of commutation would use another term, such as a remission, to describe a reduction of a penalty
Mendozamyko
that does not change its character.
A commutation does not reverse a conviction and the recipient of a commutation remains guilty in
accordance with the original conviction. For example, someone convicted of capital murder may have their
sentence of death commuted to life imprisonment, a lessening of the punishment that does not affect the
underlying criminal conviction, as may occur on a discretionary basis or following upon a change in the law
or judicial ruling that limits or eliminates the death penalty.
In some jurisdictions a commutation of sentence may be conditional, meaning that the convicted person may
be required to abide by specified conditions or may lose the benefit of the commutation. The conditions must
be lawful and reasonable, and will typically expire when the convicted completes any remaining portion of
his or her sentence. For example, the pardon may be conditioned upon the person's being a law-abiding
citizen, such that if the beneficiary of the commutation commits a new crime before the condition expires the
original sentence may be restored.
Under the Philippine law, it refers to the reduction of the duration of a prison sentence of a prisoner.
Commutation Allowed When:
1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the
death penalty
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.
PRESIDENTIAL PARDON
What is a presidential pardon?
A pardon is an act of grace from the chief executive absolving inmates or persons deprived of liberty (PDLs)
from the punishment prescribed for the crime he has committed, according to the Department of Justice.
The power to pardon, a form of executive clemency, is given to the president under Art. VII, Sec. 19 of
the 1987 Constitution:
“Except in cases of impeachment, or as otherwise

provided in this Constitution, the President may grant
reprieves, commutations and pardons, and remit fines
and forfeitures, after conviction by final judgment.
“He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress.”
Does the president have “absolute power” to commute sentences and pardon convicts?
No. The power of the president to pardon convicts is not absolute.
Citing the limitations of presidential pardon, lawyer Christian Monsod, one of the framers of the 1987
Constitution, said it cannot be applied under the following circumstances:
1. The conviction is not final/or on appeal;

2. The convict committed an election crime, for which the recommendation of the Commission on
Elections is required (Art. IX, Sec 5); and
3. The convict is facing an impeachment case.
Monsod said presidential pardon is also subject to the power of judicial review based on the principles of
separation of powers, and of checks and balances in the Constitution.
Mendozamyko
He added that, depending on the facts of each case, pardons are reversible if any of the exceptions to the
presidential power is ruled as ultimately valid by the Supreme Court.
What does the grant of presidential pardon mean?
The very essence of pardon is forgiveness or remission of guilt, according to the 1989 Supreme Court
ruling Monsanto v Factoran Jr.:
“Pardon implies guilt. It does not erase the fact of the

commission of the crime and the conviction thereof. It
does not wash out the moral stain. It involves
forgiveness and not forgetfulness.”
Joaquin G. Bernas, a member of the 1987 Constitutional Commission, said executive clemency is premised on
the “implied admission that there are infirmities and imperfections in the administration of justice.”This power
exists to correct these infirmities and mitigate whatever harshness might be generated by too strict application
of the law.
What are the types of presidential pardon?
Conditional pardon, which exempts an individual, within certain limits or conditions, from punishment of
his/her crime committed resulting in the partial extinction of his/her criminal liability; If delivered and accepted,
it is a contract between the executive and the convict that the former will release the latter upon compliance
with the condition. Example of a condition: Not to violate any of the penal laws of the country again.
Absolute pardon, which totally extinguishes criminal liability of an individual without any condition. This
restores the individuals’ civil and political rights, and remits imposed penalties for the particular offense he/she
was convicted. It is an act of grace, proceeding from the power entrusted with the execution of the laws,
Exempts the individual from the penalty of the crime he has committed. This is solely based on the discretion of
the President and there can be no other condition imposed herein. The President is the Supreme Power in
granting this executive clemency. A absolute pardon is complete even without acceptance, whereas “a
conditional pardon has no force until it is accepted by the condemned”.
Who may qualify for a presidential pardon?
The Board of Pardons and Parole (BPP) under the Office of the Secretary of Justice reviews applications for
parole or conditional pardon and recommends to the president for executive clemency.
PDLs may qualify for pardon if they meet the following condition/s:
For conditional pardon, those who have served at least one-half of the minimum original sentence;
For absolute pardon, those who have already served their maximum sentence, were discharged, and received
court termination of probation.
The Board may also consider a petition for an individual even before the final release when a petitioner is:
 seeking new appointive/elective public position or reinstatement in the government service;

 suffering from serious physical or mental disability;
 needing medical treatment abroad which is not available locally;
 taking any government examination; or
 emigrating.
Basis for Grant of Executive Clemency

The BPP recommends to the President the grant of executive
clemency when any of the following circumstances are present:
Mendozamyko
1. The trial or appellate court recommended in its decisionthe grant of executive clemency for the prisoner
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime
committed
3. Offender qualifies as a youth offender at the time of the commission of the offence
4. Prisoner is seventy years old and above;
5. Prisoner is terminally-ill;
6. Alien prisoners where diplomatic considerations and amity among nations necessitate review and
7. Other similar or analogous circumstances whenever the
interest of justice will be served thereby
WHEN APPLICATIONS FOR EXECUTIVE CLEMENCY WILL NOT BE FAVOURABLY ACTED

UPON BY THE BOARD OF PARDON AND PAROLE
1. Convicted of evasion of service of sentence;

2. Who violated the conditions of their conditional pardon;
3. Who are habitual delinquents or recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of violation of the Dangerous Drugs Act of 1972
and the Comprehensive Dangerous Drugs Act of 2002;
6. Convicted of offences committed under the influence of drugs
7. Whose release from prison may constitute a danger to society.
Amnesty
It is an act of oblivion by the government to group of people who committed an offense particularly a
political offense. It applies retroactively and it seeks to erase all criminal records of these group of
people whether they be convicted or not.
The definition of amnesty is the act of releasing or protecting a person or persons from prosecution for
wrongdoings.
An example of amnesty is when the US government lets in a foreign citizen to help protect that citizen
from being killed in his own country. An example of amnesty is when a criminal is told to go free.
Amnesty, in criminal law, sovereign act of oblivion or forgetfulness (from Greek amnēsia) for past
acts, granted by a government to persons who have been guilty of crimes. Amnesty is granted usually
for political crimes against the state, such as treason, sedition, or rebellion
Distinction Pardon Amnesty

As to type of offense Infractions of the peace or private Public crimes
crimes
Grantee An individual Classes of persons
As to the need of Not necessary Necessary
Congress’ concurrence
Act of grantee Distinct acts of The grantee need not accept
acceptance by the
grantee is needed
As to effect Relieves the offender from the Abolishes the offense
consequences of the offense
When it may be Only after conviction Before or after conviction by final
granted judgment
ISSUES CONFRONTING THE PHILIPPINE CORRECTIONS SYSTEM WHICH HAS BECOME

THE CONSIDERATION FOR THE GRANT OF EXECUTIVE CLEMENCY:
1. Overcrowding of Certain Prison Institutions/Jails
Mendozamyko
2. Fragmented Set-Up of the Corrections System
3. Lack of Information Technology Systems and Expertise
4. Lack of/Inadequate Training - lack of awareness and
understanding by some prison/jail officials and staff on
the rights of inmates.
Note:
7. Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motuproprio , consider cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.
8. 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.
ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])
9. AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO
PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES.
10.
Purpose of the law:
- to uplift and redeem valuable human materialand prevent unnecessary and excessive deprivation of
liberty and economic usefulness
- It is necessary to consider the criminal first as an individual, and second as a member of the society.
-The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending
upon hisbehavior and his physical, mental and moral record as a prisoner, to be determined by the Board
of Indeterminate Sentence.
Note:
11. The settled practice is to give the accused the benefit of the law even in crimes punishable with death
or life imprisonment provided the resulting penalty, after considering the attending circumstances, is
reclusion temporal or less.
PROVISIONS:
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or
its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of
which shall be that which, in view of the attending circumstances, could be properly imposed under the
rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that
prescribed by the Code for the offense; and if the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the
same.
Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-
imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those
who are habitual delinquents; to those who have escaped from confinement or evaded sentence; to those
who having been granted conditional pardon by the Chief Executive shall have violated the terms
thereof; to those whose maximum term of imprisonment does not exceed one year, not to those already
sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 hereof.
Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary of Justice
who shall be its Chairman, and four members to be appointed by the President, with the consent of the
Commission on Appointments who shall hold office for a term of six years: Provided, That one member
of the board shall be a trained sociologist, one a clergyman or educator, one psychiatrist unless a trained
Mendozamyko
psychiatrist be employed by the board, and the other members shall be persons qualified for such work
by training and experience. At least one member of the board shall be a woman. Of the members of the
present board, two shall be designated by the President to continue until December thirty, nineteen
hundred and sixty-six and the other two shall continue until December thirty, nineteen hundred and
sixty-nine. In case of any vacancy in the membership of the Board, a successor may be appointed to serve
only for the unexpired portion of the term of the respective members.
Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as may be
necessary for carrying out its functions and duties. The Board is empowered to call upon any bureau,
office, branch, subdivision, agency or instrumentality of the Government for such assistance as it may
need in connection with the performance of its functions. A majority of all the members shall constitute a
quorum and a majority vote shall be necessary to arrive at a decision. Any dissent from the majority
opinion shall be reduced to writing and filed with the records of the proceedings. Each member of the
Board, including the Chairman and the Executive Officer, shall be entitled to receive as compensation
fifty pesos for each meeting actually attended by him, notwithstanding the provisions of Section two
hundred and fifty-nine of the Revised Administrative Code, and in addition thereto, reimbursement of
actual and necessary traveling expenses incurred in the performance of duties: Provided, however, That
the Board meetings will not be more than three times a week.
Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical, mental and
moral record of the prisoners who shall be eligible to parole and to determine the proper time of release
of such prisoners. Whenever any prisoner shall have served the minimum penalty imposed on him, and it
shall appear to the Board of Indeterminate Sentence, from the reports of the prisoner's work and
conduct which may be received in accordance with the rules and regulations prescribed, and from the
study and investigation made by the Board itself, that such prisoner is fitted by his training for release,
that there is a reasonable probability that such prisoner will live and remain at liberty without violating
the law, and that such release will not be incompatible with the welfare of society, said Board of
Indeterminate Sentence may, in its discretion, and in accordance with the rules and regulations adopted
hereunder, authorize the release of such prisoner on parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board. The said Board of Indeterminate Sentence shall also
examine the records and status of prisoners who shall have been convicted of any offense other than those
named in Section 2 hereof, and have been sentenced for more than one year by final judgment prior to
the date on which this Act shall take effect, and shall make recommendation in all such cases to the
Governor-General with regard to the parole of such prisoners as they shall deem qualified for parole as
herein provided, after they shall have served a period of imprisonment not less than the minimum period
for which they might have been sentenced under this Act for the same offense.
Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and
in such manner as may be required by the conditions of his parole, as may be designated by the said
Board for such purpose, report personally to such government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence for a period of surveillance equivalent to the
remaining portion of the maximum sentence imposed upon him or until final release and discharge by
the Board of Indeterminate Sentence as herein provided. The officials so designated shall keep such
records and make such reports and perform such other duties hereunder as may be required by said
Board. The limits of residence of such paroled prisoner during his parole may be fixed and from time to
time changed by the said Board in its discretion. If during the period of surveillance such paroled
prisoner shall show himself to be a law-abiding citizen and shall not violate 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 entitle him to final release and discharge.
Sec. 7. The Board shall file with the court which passed judgment on the case, and with the Chief of
Constabulary, a certified copy of each order of conditional or final release and discharge issued in
accordance with the provisions of the next preceding two sections.
Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his parole, the Board of Indeterminate Sentence may issue an
order for his re-arrest which may be served 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
Mendozamyko
sentence for which he was originally committed to prison, unless the Board of Indeterminate Sentence
shall, in its discretion, grant a new parole to the said prisoner.
Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-
General as set forth in Section 64(i) of the Revised Administrative Code or the Act of Congress approved
August 29, 1916 entitled "An Act to declare the purpose of the people of the United States as to the future
political status of the people of the Philippine Islands, and to provide a more autonomous government for
those Islands."
Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised Administrative Code.
DETERMINATION OF THE INDETERMINATE SENTENCE

-If the offense is punished by the RPC or a special law which adopts the nomenclature of RPC, the
indeterminate sentence is composed of:
1. a MAXIMUM taken from the penalty imposable under the penal code considering the attending
circumstances
2. a MINIMUM taken from the penalty next lower to that fixed in the code.
-If the offense is punished by a special law which does not adopt the nomenclature of RPC,the
indeterminate sentence is composed of:
1. a MAXIMUM which does not exceed the maximum fixed by the law
2. a MINIMUM which does not exceed the minimum fixed by the law
PROCEDURE FOR DETERMINING THE MAXIMUM AND MINIMUM SENTENCE

- It consists of a maximum and a minimum instead of a single fixed penalty.
- Prisoner must serve the minimum before he is eligible for parole.
- The period between the minimum and maximum is indeterminate in the sense that the prisoner may be
exempted from serving said indeterminate period in whole or in part.
- The maximum is determined in any case punishable under the RPC in accordance with the rules and
provisions of said code exactly as if the ISL had never been enacted.
- Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and
ordinary mitigating circumstances.
- The minimum depends upon the court’s discretion with the limitation that it must be within the range of
the penalty next lower in degree to that prescribed by the Code for the offense committed.
INAPPLICABILITY OF THE LAW TO CERTAIN OFFENDERS:

The law does not apply to certain offenders:
1. Persons convicted of offense punished with death penalty 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. Those who are habitual delinquents.
6. Those who shall have escaped from confinement or evaded sentence.
7. Those who violated the terms of conditional pardon granted to them by the Chief Executive.
8. Those whose maximum term of imprisonment does not exceed one year.
9. Those who, upon the approval of the law, had been sentenced by final judgment.
10. Use of Trafficked Victim
PAROLE
– The suspension of the sentence of the convict after serving the minimum term of the intermediate penalty,
without being granted pardon, prescribing the terms upon which the sentence shall be suspended.
- May be given after the prisoner has served the minimum penalty; is granted by the Board of Pardons and
Parole under the provisions of the Indeterminate Sentence Law.
DISQUALIFICATIONS FOR PAROLE

Mendozamyko
The following prisoners shall not be granted parole:
1. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. 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;
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite
sentence;
9. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
10.Those whose conviction is on appeal;
11.Those who have pending criminal case/s.
SPECIAL FACTORS
The Board may give special consideration to the recommendation for commutation of sentence or
conditionalpardon whenever any of the following circumstances are present:
1. Youthful offenders;
2. Prisoners who are sixty (60) years old and above;
3. Physical disability such as when the prisoner is bedridden,
a deaf mute, a leper, a cripple or is blind or similar
disabilities;
4. Serious illness and other life-threatening disease as
certified by a government physician;
5. Those prisoners recommended for the grant of executive clemency
by the trial/appellate court as stated in the decision;
6. Alien prisoners where diplomatic considerations and amity
between nations necessitate review;
7. Circumstances which show that his continued imprisonment will
be inhuman or will pose a grave danger to the life of the
prisoner or his co-inmates; and,
8. Such other similar or analogous circumstances whenever the
interest of justice will be served thereby.
I. PRISON RECORD VS. CARPETA
Prison Record - refers to information concerning an inmate's personal

circumstances, the offense he committed, the sentence imposed, the
criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for
confinement, the place of confinement, the date of expiration of
the sentence, the number of previous convictions, if any, and his
behavior or conduct while in prison.
Carpeta - refers to the institutional record of an inmate which

consists of his mittimus or commitment order issued by the Court after
conviction, the prosecutor's information and the decisions of the
trial court and the appellate court, if any; certificate of non-appeal,
Mendozamyko
certificate of detention and other pertinent documents of the case.
C. REFERENCE:
D. ASSESSMENT:
To be Announced
Unit VI
1. Incorporate the Amendments of some provisions of the Revised Penal Code in Relation to non-
institutional corrections
B. LECTURE:
REPUBLIC ACT No. 10592
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby
further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or

accused 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 after being informed of the effects
thereof and with the assistance of counsel 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 do so in writing with the assistance of a counsel and shall be credited in the service of
his sentence with four-fifths of the time during which he has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty
(30) years.1âwphi1
"Whenever an accused has undergone preventive imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or
the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for
purposes of immediate release under this paragraph shall be the actual period of detention with good
conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are
excluded from the coverage of this Act. In case the maximum penalty to which the accused may be
Mendozamyko
sentenced is lestierro, he shall be released after thirty (30) days of preventive imprisonment."
Section 2. Article 94 of the same Act is hereby further amended to read as follows:
"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may earn while he is undergoing preventive
imprisonment or serving his sentence."
"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days
for each month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be
allowed a deduction of twenty-five days for each month of good behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and
"5. At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or
mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for good
conduct."
"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence
shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his
sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence
shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving
sentence."
Section 5. Article 99 of the same Act is hereby further amended to read as follows:"
"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a
provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once
granted shall not be revoked."
Mendozamyko
Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated. As such, the
penalty of one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00) and perpetual
disqualification to hold office shall be imposed against any public officer or employee who violates the
provisions of this Act.
Section 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice (DOJ) and the
Secretary of the Department of the Interior and Local Government (DILG) shall within sixty (60) days from the
approval of this Act, promulgate rules and regulations on the classification system for good conduct and time
allowances, as may be necessary, to implement the provisions of this Act.
Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder of the
provisions not otherwise affected shall remain valid and subsisting.
Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby
repealed, modified or amended accordingly.
Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official
Gazette or in at least two (2) new papers of general circulation.
C. REFERENCE:
D. ASSESSMENT:
To be Announced

Mendozamyko: Data Center College of The Philippines College of Criminal Justice Education Laoag City

Uploaded by

Copyright:

Available Formats

You might also like

Mendozamyko: Data Center College of The Philippines College of Criminal Justice Education Laoag City

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Mendozamyko: Data Center College of The Philippines College of Criminal Justice Education Laoag City

Uploaded by

Copyright:

Available Formats

DATA CENTER COLLEGE OF THE PHILIPPINES

COLLEGE OF CRIMINAL JUSTICE EDUCATION

NON-INSTITUTIONAL CORRECTIONS (MODULE 1)

II. GENERAL INSTRUCTION:

III. LEARNING OUTCOMES:

A. Understand the basic concepts in non-institutional corrections

IV. TABLE OF CONTENTS:

At the end of the lesson, you should be able to:

OLD CONCEPTS AND NEW APPROACHES IN THE TREATMENT OF OFFENDERS

Analytical Cum System Approaches

Micro Macro Continuum Approach

1. Total Family Approach

2. Community Structure Support

3. Maximizing Socio-Cultural Values as Treatment Stimulus

MODALITIES OF TREATMENT OF OFFENDERS IN THE PHILIPPINES

MOST COMMON PRACTICES IN COMMUNITY-BASED TREATMENTS IN THE PHILIPPINES

(2)Release on Recognizance and Other Diversion Services

2. Trial or Adjudication Stage

(i) Socio-cultural Programs: are likewise a v a i l a b l e i n t h e D S W D ’s rehabilitation centers. These

(2) Probation for Adult Offenders

(1) Open Prison Programs

(1) Halfway House for Adult Prisoners

(2) After Care Services

At the end of the lesson, you should be able to:

Application for Community Service

The Court will notify and direct the brgy. chairman of

Hearing on the Application considering different

a. Details of the community service program;

At the end of the lesson, you should be able to:

The Origin of Probation:

b. The Development of Probation

c. The Forerunners of Probation

d. The Philippine Probation System

(c) to prevent the commission of offenses.

INTRODUCTION TO THE CONCEPT:

Probation as a concept is one thing. Probation as a legal term in the Philippines is

Section 3. Meaning of Terms. As used in this Decree, the following shall,

(a) "Probation" is a disposition under which a defendant, after conviction

Q: Can Mr. A avail of Probation?

A: NO, Mr. A cannot avail of probation.

Thus, Mr. A cannot avail of probation yet.

2. What does it mean by the word “conviction and sentenced”?

(b) "Probationer" means a person placed on probation.

Let us take a look at the legal provisions on probation officers.

Section 23. Provincial and City Probation Officers. There shall be at

The Provincial or City Probation Officer shall receive an annual salary

His duties shall be to:

(b) instruct all probationers under his supervision of that of the

(c) keep himself informed of the conduct and condition of probationers

(e) prepare a list of qualified residents of the province or city where he

(h) perform such duties as may be assigned by the court or the

Section 24. Miscellaneous Powers of Provincial and City Probation

THIS SECTION, IS ALREADY AMENDED BY RA 10707 (AN ACT

THE AMENDED VERSION IS AS FOLLOWS:

Regional, Provincial or City Probation Officers shall have the authority

THE GRANT OF PROBATION

Section 4. Grant of Probation.