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PART II
NON-INSTITUTIONAL CORRECTION
Community-based approach to corrections as a way to
decongest the prisons involve the Public Attorney’s Office and
the National Prosecution Service effecting the immediate
release of detainees either on bail or recognizance and giving
priority to the trial of detainees who cannot be released on bail
or recognizance.
It involves the efficient performance of the Boards of
Pardons and Parole in the granting of timely release of
prisoners and the effective supervision of released prisoners
on parole or conditional pardon and those under probation by
the Probation and Parole Administration. Probation and Parole
are two forms of non-institutional or community based
corrections.
NON-INSTITUTIONAL, COMMUNITY-BASED
CORRECTIONAL PRACTICES
The fact that our government is facing severe
budgetary crisis does not augur well for the Criminal Justice
System most particularly the Corrections Pillar, which is the
last destination of society’s convicted offenders.
NON-INSTITUTIONAL CORRECTIONS refer to that method of
correcting sentenced offenders without having to go to prison.
ADVANTAGES OF COMMUNITY-BASED CORRECTIONS
ARE:
1. Family members need not be victims also for the
imprisonment of a member because the convict can still
continue to support his family, not to be far away from his
children;
2. Rehabilitation will be more effective as the convict will not
be exposed to hardened criminals in prisons who will
only influence him to a life of crime;
3. Rehabilitation can be monitored by the community thus
corrections can be made and be more effective;
4. Cost of incarceration will be eliminated which is
extremely beneficial especially to a cash-strapped
government. An entire bureaucracy will be eliminated
which includes the salaries, benefits and perks of the
officers and staff, capital outlays, operating costs,
maintenance of the facilities, subsistence of inmates, and
many others.
COR AD INSTITUTIONAL & NON-INSTITUTIONAL CORRECTION
TYPES OF NON-INSTITUTIONAL CORRECTION
PROGRAMS
1. Probation - It is a disposition under which a defendant,
after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of
a probation officer
2. Indeterminate Sentence Law / Parole Program – it is that
type of correctional program that enable the convicted
felon after serving the minimum imposable penalty maybe
eligible for release on parole.
3. Executive Clemency – it is the power of the Chief
Executive to grant amnesty, commutation of sentence,
pardons, reprieve and remit fines and forfeitures to
convicted prisoners
4. Restorative Justice Programs – it refers to the program
enacted under RA 9344 for CICL’s that required to
undergo after he/she is found responsible for an offense
without resorting to formal court proceeding like diversion,
intervention and Community based programs.
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PROBATION - A term coined by John Augustus, From the
Latin verb "probare" - to prove, to test and “probatio” – testing
period.
HISTORY
The origins 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 if 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.
Royal pardons - could be purchased by the accused; activist
judges could refrain from applying statuses or could 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.
BENEFIT OF CLERGY, JUDICIAL REPRIEVE, SANCTUARY,
and ABJURATION offered offenders a degree of protection
from the enactment of harsh sentences.
"BINDING OVER FOR GOOD BEHAVIOR," a form of
temporary release during which offenders could take measures
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to secure pardons or lesser sentences. Controversially, certain
courts in due time began suspending sentences.
In the United States, particularly in Massachusetts, different
practices were being developed. "Security for good behavior,"
also known as good aberrance, was much like modern bail: the
accused paid a fee as collateral for good behavior. Filing was
also practiced in cases that did not demand an immediate
sentence. Using this procedure, indictments were "laid on file"
or held in abeyance.
To mitigate unreasonable mandatory penalties,
judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these
American practices were genuine precursors to probation, it is
the early use of recognizance and suspended sentence that
are directly related to modern probation.
Two names are most closely associated with the
founding of probation: Matthew Davenport Hill, an 18th century
English barrister and judge, and John Augustus, a 19th
Century Boston boot-maker.
As a young professional in England, Matthew
Davenport 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.
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
tack the offender's progress and to keep a running account.
Matthew Davenport Hill – FATHER OF PROBATION IN
ENGLAND
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 convinced that abusers of alcohol could be
rehabilitated through understanding, kindness and
sustained moral suasion, rather then through conviction
and jail sentences.
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 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 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,'
 He was also the first to apply the term "probation" to this
process of treating offenders.
 By 1858, John Augustus had provided bail for 1,946 men
and women, young and old. Reportedly, only ten of this
number forfeited their bond,
 The first probation statute, enacted in Massachusetts
shortly after this death in 1859, was widely attributed to
his efforts.
 The first juvenile court was established in Chicago in
1899.
 Formalization of the concept of Intake is credited to the
founders of the Illinois juvenile court.
 Probation in New York State had its official beginning in
1901.
Fr. Rufus Cook – a chaplain in Boston, Massachusetts, who
continued the work of Augustus after the latter’s death and
employed humane but unscientific approach.
The Probation Act of 1925, signed by President Calvin
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Coolidge, provided for a probation system in the federal courts
(except in the District of Columbia). It gave the courts the
power to suspend the imposition or execution of sentence and
place defendants on probation for such period and on such
terms and conditions as they deemed best.
HISTORICAL BACKGROUND of Probation in the Philippines
 Probation was first introduced in the Philippines during the
American colonial period (1898 - 1945) with the enactment
of Act No. 4221 of the Philippine Legislature on 7 August
1935.
ACT 4221 – THE FIRST PROBATION LAW OF 1935
This law created a Probation Office under the
Department of Justice. On November 16, 1937, after barely
two years of existence, the Supreme Court of the Philippines
declared the Probation Law unconstitutional because of some
defects in the law's procedural framework by the case of
People vs Vera which states that Act 4221 cause undue
delegation of legislative power and violation of equal protection
of the law.
In 1972, House Bill No. 393 was filed in Congress by
Teudolo C. Natividad and Ramon D. Bagatsing. which would
establish a probation system in the Philippines. This bill
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avoided the objectionable features of Act 4221 that struck
down the 1935 law as unconstitutional.
The bill was passed by the House of Representatives,
but was pending in the Senate when Martial Law was declared
and Congress was abolished.
On 24 July 1976, Presidential Decree No. 968, also known as
Adult Probation Law of 1976, was signed into Law by the
President of the Philippines.
Fifteen selected probation officers were sent to U.S.A.
for orientation and training in probation administration. Upon
their return, they were assigned to train the newly recruited
probation officers.
The probation system started to operate on 3 January
1978. As more probation officers were recruited and trained,
more field offices were opened. There are at present 204 field
offices spread all over the country, supervised by 15 regional
offices.
November 23, 1989, EO 292 was promulgated which
added functions of supervising prisoner under parole and
pardon with parole conditions.
PROBATION
It is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer
PD 968 - THE PROBATION LAW OF 1976
- approved on 24 July 1976; effectivity date is 3
January 1978
The PPA was created pursuant to Presidential
Decree (P.D.) No. 968, as amended, to administer the
probation system. Under Executive Order No. 292, the
Probation Administration was renamed as the “Parole and
Probation Administration”, and given the added function of
supervising prisoners who, after serving part of their sentence
in jails are released on parole or granted conditional pardon.
The PPA and the Board of Pardons and Parole are the
agencies involved in the non-institutional treatment of
offenders.
PD 603 – The Child and Youth Welfare Code of 1974 that
provides probation for minors below the age of 18.
AMENDATORY LAWS TO PD 968
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PD 1257 – effectivity date, 01 December 1977; amended the
period within which application for probation must be made
BP 76 – effectivity date, 13 June 1980; amended the maximum
penalty for qualification for probation
PD 1990 - effectivity date, 15 January 1986; amended BP 76
back to original form and made probation and appeal exclusive
remedies
RA 10707 – New Probation Law of 2015. Application ca now
be made after the appellate decision.
PROBATIONER / CLIENT
- is a person placed on probation
PROBATION OFFICER (now Probation and Parole Officer)
- is one who investigates (PSI) for the court a referral
for probation or supervises a probationer or both
FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY
This originated in a compromise with the Church which
had maintained that a member of the clergy brought to trial in a
King’s Court might be claimed from that jurisdiction by the
bishop or chaplain representing him, on the ground that he, the
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prisoner, was subject to the authority of the ecclesiastical
courts only.
2. JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either before
or after judgment; as where the judge is not satisfied with the
verdict, or evidence is suspicious, or indictment is insufficient,
or he is doubtful whether the offense be within the clergy, or
sometimes if it be a small felony, or any favorable
circumstances appear in the criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD
BEHAVIOR)
It originated as a measure of preventive justice, involving
the release of the person accused of committing a crime to the
custody of a person of reputable character, who shall have the
responsibility of bringing the accused to court whenever the
court requires.
4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals;
it later developed as a plan for supplying new colonies with
cheap labor. It was also an attempt to substitute for brutal
punishment at home and an opportunity for rehabilitation in a
new country.
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IMPORTANT PERSONALITIES IN THE HISTORY OF
PROBATION
JOHN AUGUSTUS
– “Father of Probation” in the US
– American pioneer of probation
– The first true probation officer
FR. RUFUS COOK
– the successor of John Augustus that continued that
latter’s work on probation in Boston
MATTHEW DAVENPORT HILL
- is considered as the “Father of Probation” in England
TEODULO C. NATIVIDAD
- Father of Philippine Probation
- primary author of HB 393 that later on became PD
968
- co-authored by Cong. Ramon Bagatsing
Act No. 4221
– the first Probation Law of the Philippines
– this act became effective on August 7, 1935
– the Supreme Court declared this Act unconstitutional
on November 16, 1937
In People vs. Vera (37 O.G. 164), the constitutionality of Act
4221 was challenged because of the following grounds:
a) The said act encroaches upon the pardoning power
of the executive
b) That it constitute an undue delegation of legislative
power
c) It denies the equal protection of the laws
SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF
PROBATION
1. A more enlightened and humane correctional system;
2. To promote the reformation of offenders;
3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and community-
based treatment programs instead of imprisoning
them;
5. Limited to offenders who are likely to respond thereto
favorably;
6. The method is less costly than confinement.
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PHILOSOPHY AND CONCEPTS OF THE PROBATION
SYSTEM
1. There is no single cause for delinquent behavior. Human
beings are extremely complicated.
2. Delinquent and criminal acts are symptoms a more
serious underlying condition.
3. That the individual has the ability to change and to modify
his anti-social behavior with the right kind of help.
4. The Central goal of the Probation Administration is to
enhance the safety of the community by reducing the
incidence of criminal acts by persons previously convicted.
5. This is of course not to say that probation should be used
in all cases, or that it will always produce better results.
6. By the same token, however, it is to say that probation is a
good bit more than the “matter of grace” or “leniency”
which characterizes the philosophy of the general public
and of many judges and legislators on the subject.
7. Imprisonment as a sole cure for prevalence of crime is no
longer recognized.
8. It is generally conceded that probation is a matter of
privilege to be granted or refused at the discretion of the
State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a
post sentence investigation report (PSIR).
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BENEFITS OF PROBATION
a. Probation protects society
1. From the excessive costs of detention
2. From the high rate of recidivism of detained offenders
b. Probation protects the victim
1. It provides restitution
2. It preserves justice
c. Probation protects the family
1. It does not deprive the wife and children of a husband
and a father
2. It maintains the unity of the home
d. Probation assists the government
1. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement
e. Probation helps the offender
1. It maintains his earning power
2. It provides rehabilitation in the community
3. It restores his dignity
f. Probation justifies the philosophy of men
1. That life is sacred
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2. That all men deserve a second chance
3. That an individual can change
4. That society has a moral obligation to lift the fallen
ADVANTAGES OF PROBATION
a. Probation prevents crime by offering freedom and aid only
to those offenders who are not likely to assault the society
again.
b. It protects the society by placing under close supervision
non-dangerous offenders while undergoing treatment and
rehabilitation in the community.
c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first time offenders from turning into
hardened criminals.
e. It is a measure of cutting enormous expense in maintaining
jails.
f. It reduces recidivism and overcrowding in jails and prisons.
g. It reduces the burden on the police forces and institutions
of feeding and guarding detainees.
h. It gives the first and light offenders a second chance in
life and provides as opportunity for the reformation of a
penitent offender.
i. It makes the offender productive or taxpayers instead of
tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that
have adopted it.
SUSPENSION OF EXECUTION OF SENTENCE
The court convicts and sentences the defendant but
the execution of the sentence, whether it imposes a term of
imprisonment or a fine only, is suspended and the defendant is
released on probation.
PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT
Probation is not demandable as a matter of right. It is
a privilege. Its grant depends upon the discretion of the court.
But, it will be declared as a right if the applicant is a minor
stated under Ra 9344 and it will also become a right when the
probation order is already released by the court.
NECESSITY OF APPLICATION
Probation may not be granted except upon
application of the defendant.
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TIME FOR APPLICATION
The law says that the application for probation should
be made within the period for perfecting an appeal, or within
fifteen (15) days from promulgation of notice of judgment.
EFFECT ON APPEAL
The filing of application (for probation) shall be
deemed a waiver of the right to appeal. In such case the
accused cannot, even by withdrawing his application for
probation, reinstate his appeal or right to appeal.
RA 10707
PROBATION LAW OF 2015
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. 
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EFFECT ON MOTION FOR RECONSIDERATION OR NEW
TRIAL
There is nothing in the Probation Law which indicates
that the defendant’s right to move for a reconsideration of the
judgment of conviction, or his right to ask for new trial, is
waived or suspended by his application for probation, or that
such application has the effect of an automatic withdrawal of a
pending motion for reconsideration or new trial, although there
is likewise nothing in the law which suggests that the filing of
the application for probation interrupts the running of the period
for reconsideration or new trial.
FORM OF APPLICATION
The law does not prescribe any particular form and
therefore it may be in any form, written or oral. For recording
purposes, however, oral applications should be reduced to
writing.
POST SENTENCE INVESTIGATION
The Probation Law provides that “no person shall be
placed on probation except upon prior investigation by the
probation officer and a determination by the court that the ends
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of justice and the best interest of the public as well as that of
the defendant will be served thereby".
The probation officer shall submit to the court the
investigation report on an applicant not later than sixty (60)
days from receipt of the order of the said court to conduct the
investigation.
The court shall resolve the petition for probation not
later than fifteen (15) days after receipt of said order.
DENIAL OF PROBATION TO DISQUALIFIED OFFENDER
WITHOUT PRIOR INVESTIGATION
However, there is nothing in the law which requires
that such an investigation should be conducted in every case
as an essential condition before the court may deny an
application for probation.
COURT MAY ORDER INVESTIGATION SO LONG AS
APPLICANT IS NOT SERVING SENTENCE
If there is an application and the defendant does not
appear to be disqualified, the court may order such
investigation only after a sentence of conviction by the trial
court for the reason that the same would be premature if made
prior to said conviction, considering that the judgment might
eventually be an acquittal or, even if it be conviction, the court
might find as a fact in its decision that the defendant is a
disqualified offender, in either of which cases the order for
investigation would serve no purpose.
POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE
INVESTIGATION
Under our Probation Law, the investigation for
probation is a post-sentence, not pre-sentence investigation;
meaning that the investigation is after, not before, the
sentence. The sentence referred to is the sentence of the trial
court.
SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into
the character, antecedents, and environment, mental and
physical condition of the offender, and available institutional
and community resources, as well as all other matters bearing
the following questions:
(a) Whether or not the offender is in need of correctional
treatment that can be provided most effectively by his
commitment to an institution;
(b) Whether or not there is undue risk that during the
period of probation the offender will commit another
crime;
(c) Whether or not probation will depreciate the
seriousness of the offense committed.
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Probation Investigation Procedures
The PSI gathers information on the petitioner’s
personality, character, antecedents, environment and other
relevant information, including community resources which
shall be utilized in the rehabilitation of the client. The basic
tools used in PSI are interviews, records check, and
psychological evaluation and drug tests. All information
gathered is written in the PPA Form 3 or Post-Sentence
Investigation Report (PSIR) submitted to the court for
disposition.
Courtesy Investigation
Full Blown Courtesy Investigation (FBCI)
1. Is a transient offender in a place of commission of the
crime and/or a permanent resident of another place;
2. Has spent pre-adolescent and/or adolescent life in the
province or city of origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances
who are residents of the place of origin.
Partial Courtesy Investigation (PCI) – It shall be used for
petitioners who do not fall within the purview of the FBCI and is
conducted by another PPO.
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NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing the
right to counsel in the investigation of a petitioner. The
constitutional guarantee of right to counsel will not apply
because the investigation by the probation and parole officer is
neither prosecutory nor accusatory in character.
PRIVILEGE AGAINST SELF-INCRIMINATION NOT
AVAILABLE
The information contained in the post-sentence
investigation report shall be “privileged” and could not be used
as evidence against any person, no matter how incriminating
the information may be.
NO SUBPOENA POWERS
Probation and parole officer are not clothed with
subpoena powers under the Probation Law. There is nothing to
prevent them, however, from requesting the court to issue
subpoenas requiring the attendance of witnesses in their
investigations.
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SUBMISSION OF INVESTIGATION REPORT
The investigation report having been completed, the
Chief Probation and Parole Officer should submit his report to
the court, “not later than 60 days from receipt of the order of
the court to conduct the investigation”. The same period is
merely directory, not mandatory, in the sense that an
investigation report submitted after 60 days would still be a
valid report.
NO COPY OF REPORT FOR APPLICANT
The investigation report as well as the supervision
history “shall be privilege and shall not be disclosed directly or
indirectly to anyone other than the Parole and Probation
Administration or the court concerned.
NO RIGHT OF APPLICANT TO COMMENT ON REPORT
There is nothing in the Probation Law which entitles
the applicant to submit any comment, or demand that the court
should consider the same.
HEARING NOT REQUIRED
There is nothing in the Probation Law which requires
the court to set for hearing the investigation report or the
application for probation, although it may of course, in its
discretion do so, preserving at all times, however, the
confidentiality of the report.
The court is mandated to resolve the petition for
probation not later than 15 days after receipt of the
investigation report. The period, however, seem to be merely
directory, not mandatory.
BAIL OR RECOGNIZANCE PENDING PETITION FOR
PROBATION
Pending submission of investigation report and the
resolution of the petition for probation, the defendant may be
allowed temporary liberty under his bail filed in the criminal
case. In case no bail was filed or the defendant is incapable of
filing one, the court may allow the release of the defendant on
recognizance to the custody of a responsible member of the
community who shall guarantee his appearance whenever
required by the court.
GRANT OR DENIAL OF PROBATION
PROBATION DISCRETIONARY
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Barring disqualified offenders, the grant or denial of
probation is a matter of discretion on the part of the court.
Probation shall be denied if the court finds that:
i. the offender is in need of correctional treatment that
can be provided most effectively by his commitment
to an institution;
ii. there is an undue risk that during the period of
probation, the offender will commit another crime; or
iii. Probation will depreciate the seriousness of the
offence committed.
ISSUANCE 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 impose for the offense under which he was placed for
probation. In the event that violation of any of the conditions of
probation is established, the court need not revoke the
probation; it has the discretion to revoke or continue the
probation and modify the conditions thereof.
APPLICANT MAY REJECT GRANT OF PROBATION
The law does not oblige the defendant to accept 7the 7
probation granted by the court. He should be allowed to turn
down the same grant, especially since he might feel that the
terms and conditions thereof are too onerous for him.
GRANT OR DENIAL OF PROBATION NOT APPEALABLE
BUT CERTIORARI MAY LIE
CIVIL LIABILITY NOT AFFECTED
Probation is a substitute for imprisonment (including
subsidiary imprisonment in case of non-payment of fine) and
other criminal penalties, not a mode of discharging the civil
liability, which is owed not to the State but to the offended
party.
COVERAGE OR SCOPE OF APPLICATION OF DECREE
A.Non-offenders not covered
Consistently with the concept and purpose of
probation, the Decree applies only to offenders.
B.Offenders covered
The Decree declares, “it shall apply to all offenders”.
C. Disqualified Offenders
Not all offenders, however, fall within its coverage:
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1. sentenced to serve a maximum term of imprisonment of
more than six years;
2. convicted of subversion or any crime against the national
security or public order;
3. who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one
month and one day and/or a fine of not less than Two
Hundred Pesos;
4. who have been once on probation under the provisions of
this Decree; and
5. who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Sec. 33 hereof
6. It expressly excludes from its operation “those entitled to
the benefits of PD 603, as amended (otherwise known as
the Child and Youth Welfare Code) and similar laws.
7. Even if the offender does not fall under the terms of the
Child and Youth Welfare Code and the “similar laws” just
mentioned, he would not be entitled to the Benefits of the
Decree if he has not been convicted and sentenced.
8. An offender who is already serving sentence or is otherwise
specifically disqualified under Sec. 9.
9. Under Sec. 264, BP 881 as amended by BP 882, 883 and
884, which state, “any person found guilty of any election
offense under this code shall be punished with
imprisonment of not less than 1 year but not more than 6
years and shall not be subject to probation.
10. Sec. 9, PD 1987 (An Act creating the Videogram
Regulatory Board, dated October 5, 1985) states “The
provisions of PD 968, as amended shall not apply in cases
of violations of this Decree, including its implementing rules
and regulations.
11. Sec. 12 of the Wage Rationalization Act (RA 6727)
provides that the violators of the law shall not be entitled to
the benefits of the Probation Law.
12. Violation of RA 9165 or the Comprehensive
Dangerous Drugs Act of 2002. Except sec 12, 14,17 and
70.
 SECTION 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs
 SECTION 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings.
 SECTION 17. Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
 SECTION 57. Probation and Community Service
Under the Voluntary Submission Program
 SECTION 70. Probation or Community Service for a
First-Time Minor Offender In lieu of Imprisonment.
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A drug dependent who is discharged as rehabilitated
by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from
criminal liability under Section 55 of the Act , may be charged
under the provisions of the Act, but shall be placed on
probation and undergo community service in lieu of
imprisonment and/or fine in the discretion of the court, without
prejudice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part
of his/her after-care and follow-up program, which may be
done in coordination with non-government, civic organizations
accredited by the DSWD, with the recommendation of the
Board.
13. When the time for application for probation already
lapse.
WHEN THE COURT MUST DENY PROBATION
The court shall deny an application for probation
whenever it finds that:
a. the offender is in need of correctional treatment that can
be provided most effectively by his commitment to an
institution;
b. there is undue risk that during the period of probation the
offender will commit another crime; 8 8
c. probation will depreciate the seriousness of the offense
committed.
What will happen if the application for probation is denied?
The offender will be sent by the sentencing court to prison
to serve his sentence
How many times can one be granted probation?
Only once.
PERIOD OF PROBATION
a. The period of probation of a defendant sentenced to a
term of imprisonment of not more than one (1) year shall
not exceed two (2) years, and in all other cases, said
period shall not exceed six (6) years.
b. When the sentence imposes a fine only and the offender
is made to serve a subsidiary imprisonment in case of
insolvency, the period of probation shall not be less than
nor more than twice the total number of days of subsidiary
imprisonment as computed in the rate established in Art.
39 of the Revised Penal Code, as amended.
CONDITIONS OF PROBATION
1. General or Mandatory Conditions
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(a) Present himself to the probation (and parole)
officer designated to undertake his supervision at
such place as may be specified in the order within
72 hours from receipt of said order;
(b) Report to the probation (and parole) officer at least
once a month at such time and place as specified
by the said officer.
2. Special or Discretionary Conditions
The court may also require the probationer to:
(a) cooperate with the program of supervision;
(b) meet his family responsibilities;
(c) devote himself to specific employment and not to
change said employment without prior written
approval of the probation (and parole) officer;
(d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain
in a specified institution, when required for the
purpose;
(e) pursue a prescribed secular study or vocational
training;
(f) attend or reside in a facility established for
instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to
excess;
(i) permit the probation (and parole) officer or an
authorized social worker to visit his home and
place of work;
(j) reside at premise 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
VIOLATION OF PROBATION CONDITION
1. Fact finding investigation order of the court to the
CPPO
2. The PPO prepare and submit violation report to the
CPPO
3. Filing of violation report to the trial court
4. Arrest of erring probationer (WOA)
5. Hearing of violation in the court
6. Disposition of probation either revocation,
continuation or modification
If revocation was decided = the court will issue a revocation
order and the accused will serve the original sentence
imposed.
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When can the Court Modify the Conditions for Probation?
At any time during supervision after summary hearing when
the probationer violated any of its conditions upon application
by the probation officer or the probationer himself
Note: only the judge who heard and decided the case has
the power to grant, deny, modify, revoke and terminate
probation.
MODIFICATION OF PERIOD AND CONDITIONS OF
PROBATION
A. Period of probation
The period of probation may either be shortened or made
longer, but not to exceed the period set in the law.
B. Conditions 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 of probation.
The court shall inform in writing the probation officer and
the probationer of any change in the period and conditions of
probation.
REVOCATION OF PROBATION 9 9
A. Concept of violation of probation
“A violation of probation shall be understood to mean any act
or any commission on the part of the probationer with respect
to the terms and conditions specified in the probation order.
B. Arrest of the probationer
At any time during probation, the court may issue a
warrant for the arrest of the probationer for violation of any of
the conditions of probation.
TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the
report and recommendation of the probation and parole
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.
B. Other ways of terminating probation:
1. Termination before the expiration of the period
2. Termination by pardon of the probation
3. Deportation of the probationer
4. Death of the probationer
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If fully terminated, the court will issue a TERMINATION
ORDER
C. Effect of final discharge
The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspended as a result
of his conviction and to fully discharge his liability for any
fine imposed as to the offense for which probation was
granted.
CONFIDENTIALITY OF RECORDS
The probation records may be found, firstly, in the
court concerned. Secondly, in the office of the Chief Probation
and Parole Officer assigned in the city or province. Thirdly and
fourthly, copies of these records are being forwarded to the
Regional Parole and Probation Office and the Parole and
Probation Administration (Central Office).
SECTION 41. OUTSIDE TRAVEL
a. A Probation Officer may authorize a probationer to travel
outside his area of operational/territorial jurisdiction for a
period of more than ten (10) days but not exceeding thirty
(30) days.
b. A Probationer who seeks to travel for up to thirty (30) days
outside the operational/territorial jurisdiction of the
Probation Office shall file at least five (5) days before the
intended travel schedule a Request for Outside Travel
(PPA Form 7) with said Office properly recommended by
the Supervising Probation Officer on case and approved
by the CPPO.
c. If the requested outside travel is for more than thirty (30)
days, said request shall be recommended by the CPPO
and submitted to the Trial Court for approval.
d. Outside travel for a cumulative duration of more than thirty
(30) days within a period of six (6) months shall be
considered as a courtesy supervision
SECTION 42. CHANGE OF RESIDENCE: TRANSFER OF
SUPERVISION
A Probationer may file a Request for Change of
Residence (PPA Form 24) with the City or Provincial Parole
and Probation Office, citing the reason(s) therefore this request
shall be submitted by the Supervising Probation Office for the
approval of the Trial Court
In the event of such approval, the supervision and
control over the probationer shall be transferred to the
concerned Executive Judge of the RTC, having jurisdiction and
control over said probationer, and under the supervision of the
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City or Provincial Parole and Probation Office in the place to
which he transferred.
ABSCONDING PETITIONER VS ABSCONDING
PROBATIONER
Absconding petitioner – a convicted defendant whose
application for probation has been given due course by the
court but fails to report to the probation office or cannot be
located within a reasonable period of time.
Absconding probationer – a person whose probation was
granted but failed to report for supervision or fails to continue
reporting for supervision or whose whereabouts are unknown
for a reasonable period of time.
PROBATION AIDES (NOW PROBATION ASSISTANTS)
Section 57. Qualifications: Functions. –
a. The Probation Aides must be citizens of good repute
and probity,
b. at least 18 years of age on the date of appointment,
c. at least high school graduates
d. and preferably residence of the same locality or
community covering the place of residence of the
probationer and/or the CPPOs, SPPOs, and SrPPOs,
PPOsII, and PPOsI.
e. Probation Aides so appointed may hold office during 10 10
good behavior for a period of two (2) years, renewable
at the end of each period
SECTION 59. CASELOADS
A. The maximum supervision caseloads of a Probation
Aide at any given time, shall be ten (10) probationers
on minimum case classification
B. three (3) probationers on maximum case
classification in addition to other duties.
ACT NO. 4103
INDETERMINATE SENTENCE LAW
THE LAW ON PAROLE
as amended by Act No. 4225 and Republic Act No. 4203
Purpose
To uplift and redeem valuable human material, and
prevent unnecessary and excessive deprivation of liberty and
economic usefulness. Penalties shall not be standardized but
fitted as far as possible to the individual, with due regard to the
imperative necessity of protecting the social order (People v.
Ducosin, 59 Phil 109). Under Section 5 of said Act, it is the
duty of the Board of Pardons and Parole to look into the
physical, mental and moral record of prisoners who are eligible
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 JMDDFILES2018
for parole and to determine the proper time of release of such ZEBULON BROCKWAY FOUNDER OF PAROLE IN
prisoners on parole. USA
Extensive Parole in USA
PAROLE DEFINED (Elmira Reformatory)

 refers to the conditional release of an offender from a

correctional institution after he has served the minimum of
his prison sentence;
 a procedure by which prisoners are selected for release
on the basis of individual response and progress within
the correctional institution and a service by which they are
provided with necessary control and guidance as they
serve the remainder of their sentence within the
community
it comes from the French word parole, referring to "word" as in
giving one's word of honor or promise.
PROBATION VS PAROLE
PROBATION PAROLE
GIVEN BY THE COURT GIVEN BY THE BPP
GIVEN AFTER CONVICTION GIVEN AFTER SERVING THE
MINIMUM SENTENCE
WITH MANDATORY CONDITIONS
SUPERVISED BY THE PPA
HISTORICAL ACCOUNTS
The first parole law was passed in Massachusetts in
1837. At about same time, Alexander Maconochie introduced a
system whereby a prisoner was given a “ticket of leave “
(the equivalent of parole ) after earning a certain required
number of marks – known as the MARK SYSTEM. From this,
Maconochie gained the fame as FATHER of PAROLE!
Parole was also a feature of the Irish Prison system
by Sir Walter Crofton which was established in 1856 based on
an indeterminate sentence & the mark system. The Elmira
Reformatory by Zebulon Brockway, likewise, had a limited form
of indeterminate sentence and a method of marks similar to
the Irish system, and parole based on marks.
Coverage
1. General Rule: All persons convicted of certain crimes
under Philippine courts.
2. Exceptions / Disqualified (Section 2), law will NOT apply
to persons:
a) Convicted of offense punishable by death penalty or
life imprisonment;
b) Convicted of treason, conspiracy or proposal to
commit treason
c) Convicted of misprision of treason, rebellion, sedition
or espionage;
d) Convicted of piracy;
e) Who are habitual delinquents;
f) Election offenses
g) Who escaped confinement or evaded sentence or
violated the terms of a conditional pardon;
h) Whose maximum term of imprisonment (imposed)
does not exceed one year;
i) Convicted of terrorism, plunder and transnational
Crimes.
j) Undergoing trial and appeal 11 11
k) Whose penalty is suspension or destierro; and
l) Person already sentenced by final judgment at the
time this Act was approved (December 5, 1933).
PRIORITIES IN GIVING PAROLE
a) Youth
b) Aged
c) Physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is bind or
similar disabilities;
d) Serious illness and other life-threatening disease as
certified by a government physician;
e) Those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;
f) Alien prisoners where diplomatic considerations and
amity between nations necessitate review;

PIONEERS OF PAROLE SYSTEM An indeterminate sentence is a sentence imposed for a

crime that is not given a definite duration.
ALEXANDER MACONOCHIE FATHER OF PAROLE (IN
AUSTRALIA) In addition, ACT 4103 provides for the creation of
Marks System the Board of Pardons and Parole, or the Board of
WALTER CROFTON FOUNDER OF PAROLE IN Indeterminate Sentence, provided in Section 3 of the said
IRELAND
Act tasked to look into the physical, mental and moral
Irish System
Progressive Mark System
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 JMDDFILES2018
record of the prisoners who are eligible to parole and to e) a member of the Philippine BAR.
determine the proper time of release of such prisoners.
Ex-Officio Member – Administrator of the PPA
The court must, instead of a single fixed penalty,  At least one member of the board shall be a woman
determine two penalties, referred to in the Indeterminate  Appointed by the President for 6 years
Sentence Act as the ‘maximum’ and ‘minimum’ terms.
BOARD OF PARDON AND PAROLE VS PAROLE AND
It is indeterminate in the sense that “after serving the PROBATION ADMINISTRATION
minimum”, the convict may be release on parole, or if he is not
fitted for release, he shall continue serving his sentence until BPP PPA
the end of the maximum. It is the fixing of the minimum and UNDER DEPARTMENT OF JUSTICE
maximum terms, which generates a lot of confusion and is the HEADED BY A CHAIRMAN HEADED BY AN
constant source of error of some judges. (SEC DOJ) ADMINISTRATOR
READ THE REPORTS OF CONDUCTS PSI
The act should be applied in imposing a prison PPA & SUPERVISION
sentence for a crime punishable either by special law or by the APPROVES & REVOKES SUBMITS REPORT TO
Revised Penal Code. Under Section 1 of Act No. 4103, as PAROLE COURT AND BPP
amended by Act No. 4225, if the offense is punished by special RECOMMENDS EXECUTIVE RECOMMENDS THE
law, the court shall sentence the accused to an indeterminate CLEMENCIES TO THE REVOCATION OF PAROLE
penalty, the maximum term of which shall not exceed the PRESIDENT AND PROBATION
maximum fixed by said law and the minimum term shall not be RECOMMENDS THE CENTRAL OFFICE FOR
less than the minimum prescribed by the same. If the offense REVOCATION OF PARDON PPO’S
is punished by the Revised Penal Code, the court shall
sentence the accused to an indeterminate penalty, the
3.
maximum term of which shall be the penalty imposable under
the same Code after considering the attending mitigating
and/or aggravating circumstances according to Article 64 of
the said Code. The minimum term of the same shall be within 12 12
WHAT DOCUMENT IS NECESSARY FOR AN INMATE TO
the range of the penalty next lower to that prescribed by the
BE RELEASED ON PAROLE?
Code for the offense.
“RELEASE DOCUMENT / DISCHARGE ON PAROLE”
BOARD OF PARDONS AND PAROLE
HOW LONG WILL BE THE PAROLE SUPERVISION?
 The Board of Pardons and Parole was created pursuant to
Act No. 4103, as amended. It is the intent of the law to
The period of parole supervision shall extend up to
uplift and redeem valuable human material to economic
the expiration of the maximum sentence which should appear
usefulness and to prevent unnecessary and excessive
in the Release Document, subject to the provisions of Section
deprivation of personal liberty.
6 of Act No. 4103 with respect to the early grant of Final
 grants parole and recommend to the President the grant
Release and Discharge.
of any form of executive clemency to deserving prisoners
or individuals
 reviews reports submitted by the Parole and Probation
TRANSFER OF RESIDENCE
Administration (PPA) and make necessary decisions
 a functional unit under the Department of Justice.
A client may not transfer from the place of residence
designated in his Release Document without the prior written
approval of the Regional Director subject to the confirmation by
MEMBERS OF THE BPP
the Board
Secretary of Justice who shall be its Ex-officio Chairman
OUTSIDE TRAVEL
Members:
a) sociologist,
A Chief Probation and Parole Officer may authorize a client to
b) one a clergyman or educator
travel outside his area of operational jurisdiction for a period of
c) one psychiatrist,
d) trained and experience person
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not more than thirty (30) days. A travel for more than 30 days
shall be approved by the Regional Director.
TRAVEL ABROAD AND/OR WORK ABROAD
Any parolee or pardonee under active
supervision/surveillance who has no pending criminal case in
any court may apply for overseas work or travel abroad.
However, such application for travel abroad shall be approved
by the Administrator and confirmed by the Board.
WHAT IF THE PAROLEE VIOLATED THE CONDITIONS OF
PAROLE?
1. The PPO shall produce a progress report
2. The PPO afterwards shall submit an infraction report
to the board of pardons and parole
3. Upon receipt of an infraction report, the board may
ORDER THE ARREST OR RECOMMITMENT (OAR)
of the client.
4. The board may recommend the cancellation of the
pardon or cancel the grant of parole
EFFECT OF RECOMMITMENT OF CLIENT
The client who is recommitted to prison by the Board
shall be made to serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to
prison
Parole Probation
Continue the remaining Serve the original sentence
maximum sentence in full
TERMINATION / COMPLETION OF PAROLE AND
CONDITIONAL PARDON SUPERVISION
After the expiration of the maximum sentence of a
client, the Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has substantially
complied with all the conditions of his parole/pardon, issue a
CERTIFICATE OF FINAL RELEASE AND DISCHARGE
(CFRD) to a parolee or pardonee. However, even before the
expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer, the
Board may issue a certificate of Final Release and Discharge
to a parolee/pardonee pursuant to the provisions of Section 6
of Act No. 4103, as amended.
WHAT IS THE DOCUMENT REQUIRED BEFORE THE
ISSUANCE OF THE CFRD?
“SUMMARY REPORT”
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refers to the final report submitted by the Probation and Parole
Officer on his supervision of a parolee/pardonee as basis for
the latter’s final release and discharge;
WHAT IS EFFECT OF CERTIFICATE OF FINAL RELEASE
AND DISCHARGE?
Upon the issuance of a certificate of Final Release
and Discharge, the parolee/pardonee shall be finally released
and discharged from the conditions appearing in his release
document. However, the accessory penalties of the law which
have not been expressly remitted therein shall subsist.
OTHER FORMS OF NON-INSTITUTIONAL CORRECTIONS
EXECUTIVE CLEMENCY
- collective term for absolute pardon, conditional
pardon, reprieve, amnesty and commutation of
sentence
HOW TO APPLY FOR EXECUTIVE CLEMENCY?
A formal petition for executive clemency addressed as follows
shall be submitted to the Board before the question of said
clemency will be considered. 13 13
“The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor. East Avenue, Diliman,
Quezon City”
PARDON
 an act of grace proceeding from the power entrusted with
the execution of the laws which exempts the individual on
whom it is bestowed from the punishment that the law
inflicts for a crime he has committed; pardoning power is
exercised by the President
 is a form of executive clemency which is exercised by the
Chief Executive. It is an act of grace and the recipient of
pardon is not entitled to it as a matter of right. The
exercise of pardon is vested in the Executive, is
discretionary and is not subject to review by the courts.
Neither does the Legislative Branch of the government
have the right to establish conditions nor provide
procedures for the exercise of clemency.
History of Pardon
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The exercise of the pardoning power has always been
vested in the hands of the executive branch of the government,
whether King, Queen, President or Governor. Pardon dates
back to the pre-Christian era. in fact the bible contains an
illusion where a criminal was released and pardoned by the
King at the time Christ was crucified.
In England, pardon was developed out of the conflict
between the King and the Nobles who threatened their powers.
Pardon was applied to members of the Royal family who
committed crimes, and occasionally to those convicted of
offenses against the royal power. It was the general view that
the pardoning power was the exclusive prerogative of the King.
In England today the power to extend pardon is vested in the
Queen upon advice of the Minister of the Interior.
In the United States, pardoning among the early American
colonists was a carry-over of the English practice. The
pardoning power was exercised by the Royal governor through
the power delegated by the King. After the declaration of
Independence, the Federal and state constitutions vested the
pardoning power on the President of the United States and the
Governor in federal and state cases, respectively.
In the Philippines, the Jone’s Law Section 21 stated that “the
Governor General of the Philippine Islands is vested with the
power to grant pardons and reprieves and remit fines and
forfeiture”. Currently, the pardoning power is vested in the
Prime Minister by Article IX, Section14 of the Philippine
Constitution which states:
“The Prime Minister shall have the power to grant reprieves,
commutations, and pardons, and remit fine and forfeitures,
after convictions for all offenses, except cases of
impeachment, upon such conditions and with such restrictions
and limitations as he may deem proper to impose. He shall
have the power to grant amnesty with the concurrence of the
Congress. “
GENERAL TYPES OF PARDON
1. Special Pardon – Pardon given to a single individual
2. General Pardon - pardon given to classes or group of
person.
KINDS OF PARDON
1. ABSOLUTE PARDON - the extinction of the criminal
liability of the individual to whom it is granted without any
condition and restores to the individual his civil rights
The purposes of this kind of pardon are-
a. TO DO AWAY WITH THE MISCARRIAGE OF
JUSTICE.
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Under the present method of judicial procedure
justice is not guaranteed. It is possible to convict innocent
person as it is possible for criminals to escape the hands of
justice. When an innocent convict has no more recourse
through courts, the remedy is absolute pardon. The power of
the President or Prime Minister to pardon offenders on the
grounds of innocence is rarely exercised because the criminal
procedures are liberal in granting a new trial in the case of an
offender has no more legal remedy will pardon of this nature
be given. If so exercised, absolute pardon is granted after an
exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.
b. TO KEEP PUNISHMENT ABREAST WITH THE
CURRENT PHILOSOPHY, CONCEPT OR
PRACTICE OF CRIMINAL JUSTICE
ADMINISTRATION.
A criminal act, because of changing scheme of social
values, may become non-criminal at a later date. Therefore,
persons serving imprisonment at the time of the repeal of the
law abolishing the crime may be extended absolute pardon.
For example, a person serving imprisonment for black-
marketing of gasoline when this commodity was rationed, may
after the repeal of the law on black-marketing be extended
absolute pardon.
14 14
c. TO RESTORE FULL POLITICAL AND CIVIL RIGHTS
OF PERSONS WHO HAVE ALREADY SERVED
THEIR SENTENCE AND HAVE WAITED THE
PRESCRIBED PERIOD.
The greatest number of application for absolute
pardon come from ex-prisoners who desire to be restored their
political and civil rights. In the Philippines, the Office of the
President laid down the policy to grant absolute pardon to ex-
prisoners ten years from the date of their release from prison.
Recently the policy was relaxed, thereby shortening the waiting
period of five years. The waiting period is required to give the
offender an opportunity to demonstrate that he has established
a new pattern of conduct.
CRISTOBAL VS LABRADOR
The case where the Supreme Court laid down the doctrine
that the absolute Pardon removes all that is left of the
consequences of conviction, and that it is absolute in so far it
restores the pardonee to full civil political right
1) CONDITIONAL PARDON
The extinction of the criminal liability of an individual,
within certain limits or conditions, from the punishment which
the law inflicts for the offense he has committed
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Conditional Pardon serves the purpose of releasing,
through executive clemency, a prisoner who is already
reformed or rehabilitated but who cannot be paroled because
the parole law does not apply to him. Thus a prisoner serving a
determinate sentence or life imprisonment is excluded from the
benefits of the parole law. However, when this prisoner has
already been reformed, he may be released on conditional
pardon.
EFFECTS OF PARDON
1) It removes penalties and disabilities and restores full
civil and political rights;
2) It does not discharge the civil liability of the convict to
the individual he has wronged, as the President has
no power to pardon a private wrong;
3) It does not restore offices, property or rights vested in
others in consequence of the conviction. Under our
law, a pardon shall not work the restoration of the
right to hold public office or the right of suffrage
unless such rights be expressly restored by the terms
of the pardon.
LIMITATIONS /DISQUALIFICATION UPON THE
PARDONING POWER
1) It may not be exercised for offenses in impeachment cases;
2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) In case of violation of election law or rules and regulations,
no pardon, parole or suspension of sentence may be
granted without the recommendation of the Commission on
Elections.
5) During pendency of case or trial or during appeal
6) Violation of Art. 157 – evasion of service of sentence for 1
year from the time of recommitment
7) It cannot be exercised to violation of tax laws.
It is an elementary principle in political law that pardon can
only be given after final conviction. Cases pending trial or an
appeal are still within the exclusive jurisdiction of the courts;
hence, pursuant to the theory of separation of powers, the
Chief Executive has no jurisdiction over the accused.
Prisoners who escaped or evaded service of sentence are
not eligible for executive clemency for a period of one (1) year
from the date or their last recommitment to prison or conviction
for evasion of service of sentence
ELIGIBILITY FOR CONDITIONAL PARDON
He must have served at least one half (1/2) of the
minimum of his indeterminate sentence or the following
portions of his prison sentence:
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- at least two (2) years of the minimum sentence if
convicted of Murder or Parricide but not sentenced to
Reclusion Perpetua
- at least one (1) year of the minimum sentence if
convicted of Homicide
- at least nine (9) months if convicted of Frustrated
Homicide
- at least six (6) months if convicted of Attempted
Homicide
Nature of Conditional Pardon
Conditional pardon is in the nature of a contract, so
that it must first be accepted by the recipient before it takes
effect. The pardonee is under obligation to comply strictly with
the conditions imposed therein; otherwise, his non-compliance
will result to the revocation of the pardon. (Art. 95, RPC). If the
pardonee violates any of the conditions of his pardon, he will
be prosecuted criminally as a pardon violator. Upon
convictions, the accused will be sentenced to serve an
imprisonment of prison correctional. However, if the penalty
remitted by the granting of such pardon be higher than six
years, the pardonee will be made to serve the unexpired
portion of his original sentence. (Art. 159, RPC)
How Conditional Pardon is given
Conditional Pardon may be commenced by a petition 15 15
filed by the prisoner, his family or relative, or upon the
recommendation of the prison authorities. The petition or
request is processed by the Board of Pardons and Parole . The
Board shall determine if the prisoner has served a sufficient
portion of his sentence; his release is not inimical to the
interest of the community; and that there is likelihood that the
offender will not become a public charge and will not recidivate
in crime. If all these factors are favorable, then the Board will
endorse the petition favorably to the President . If the case is
premature, the petitioner is so informed.
SOME GUIDES IN PARDON SELECTION
IN DETERMINING THE FITNESS OF A PRISONER FOR
RELEASE ON CONDITIONAL PARDON, THE FOLLOWING
POINTS SHALL BE CONSIDERED AS GUIDES.
a. The political, organizational or religious affiliation of
the prisoner should be disregarded.
b. Due ( but not undue ) regard should be given the
attitude of the people in the community from which he
was sentenced.
c. The judicial history of the case should be carefully
investigated.
d. The background of the prisoner before he was
committed to prison – social, economic, psychological
and emotional backgrounds – should be carefully
investigated.
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CONDITIONAL PARDON DISTINGUISHED FROM PAROLE.
The purpose of conditional pardon and parole is the same –
the release of a prisoner who is already reformed in order that
he can continue to serve his sentence outside of the institution,
thus giving him the opportunity to gradually assume the
responsibilities of a free man. Both releases are subject to the
same set of conditions will subject the parolee or pardonee to
be recommitted to prison. The only difference between the two
is the granting authority. In parole the granting authority is the
Board of Pardons and Parole, while in conditional pardon, the
granting authority is the President.
CONDITIONS OF PARDON
In the Philippines, the pardonee is given the same set of
rules or conditions as the parolee. Among the conditions
usually imposed on pardonees and parolees are the following:
a. That he shall live in his parole residence and shall not
change his residence during the period of his parole
without first obtaining the consent of the Board of
Pardons and Parole. If the parolee or pardonee
leaves the parole jurisdiction temporarily, he needs
not get the permission of the Board, although he may
so inform his parole officer (Municipal Judge) of his
whereabouts.
b. That he shall report to the Municipal Judge ( of the
town where he will reside ) or to such officer as may
be designated by the Executive Officer of the Board
of Pardons and Parole during the first year once a
month and, thereafter, once every two months or as
often as he may be required by said officer.
c. That he shall not indulge in any injurious or vicious
habits, and shall avoid places or persons of
disreputable or harmful character.
d. That he shall permit the Provincial Commander,
Philippine Constabulary or any officer designated by
the Executive Officer of the Board to visit him at
reasonable times at his place of abode or elsewhere
and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
e. That he shall not commit any crime and shall conduct
himself in an orderly manner.
f. That he shall pay not less than P50.00 a month to the
cashier of the Department of Justice in payment of
the indemnity imposed upon him.
g. That he shall comply with such orders as the Board or
its Executive Officer may from time to time make.
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ABUSE OF THE PARDON POWER AND ITS SAFEGUARDS.
There are certain safeguards, however, against the abuse
of the pardoning power. First is the constitutional provision that
the President may be impeached for a willful violation of the
Constitution. This is enough deterrent for the Chief Executive
to abuse this power. Second, is the policy of the Office of the
Chief Executive, ever since the time of the American
Governors General, to approve pardon cases which are
favorably recommended by the Board of Pardons and Parole.
Although this policy does not wholly bind the President,
seldom, if ever, has it been disregarded?
COMMUTATION OF SENTENCE
- Reduction or lowering, shortening of sentence
- an executive clemency changing a heavier sentence
to a less serious one, or a longer prison term to a
shorter one
- granted by the president with the recommendation of
the BPP
- granted after conviction but do not erase the fact of
conviction of the person
- granted with condition of maintaining good behavior
ELIGIBILITY FOR COMMUTATION OF SENTENCE 16 16
He must have served at least one third (1/3) of the
minimum of his indeterminate sentence or the following
portions of his prison sentence consisting of Reclusion
Perpetua:
- at least ten (10) years if convicted of Robbery with
Homicide, Robbery with Rape, or Kidnapping with
Murder
- at least eight (8) years if convicted of Simple Murder,
Parricide, Rape or Violation of anti-drug laws
- at least twelve (12) years if given two or more
sentences of Reclusion Perpetua
- at least twenty (20) years in case of two (2) sentences
for Reclusion Perpetua, provided that at least one (1)
of the sentences had been automatically commuted
from a death sentence
REPRIEVE
“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. The postponement / withholding or temporary stay
of the execution of a death sentence
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Reprieve is a temporary stay of the execution of the
sentence. Like pardon, the President can only exercise
reprieve when the sentence has become final. Generally,
reprieve is extended to death penalty prisoners. The date of
the execution of sentence is set back several days to enable
the Chief Executive to study the petition of the condemned
man for commutation of sentence or pardon.
WHEN A DEATH SENTENCE MAY BE SUSPENDED?
Death sentence shall be suspended when the accused is:
1. Woman, while pregnant;
2. Woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as
regards a person over 70 years old is necessary to
give the President time to act, because only the
President can communicate the sentence.
5. In cases wherein, a convicted prisoner became
insane before the actual date of execution.
AMNESTY
- an act of the sovereign power granting oblivion or
general pardon for a past offense usually granted in
favor of certain classes of persons who have
committed crimes of a political character, such as
treason, sedition or rebellion
- Also known as General Pardon or Blanket Pardon
- Forgiveness which one sovereign grant to the
subjects of another, who have offended by some
breach of the law of nations.
DISQUALIFICATION FOR AMNESTY
1. Proclamation No. 75 made clear that the amnesty "shall
not cover rape, acts of torture, crimes against chastity
and other crimes committed for personal ends."
Rules, procedures, and further requirements to implement
Proclamation No. 75 were contained in Circular No. 1 of the
DND Amnesty Committee.
It included a condition where the applicant should have an
"express admission" of participation and guilt, and a
"recantation of all previous statements" that are not consistent
with the admission.
2. Cannot also be granted in cases of impeachment
3. Cannot be applied to cases of violation of election laws
without favorable recommendation from the COMELEC
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4. Cannot be granted in cases of RA 9745 or anti torture
law.
5. Cannot be extended to cases of civil and legislative
contempt.
EFFECTS OF AMNESTY
1. Looks Backward: Extinguishes Criminal Liability
- Amnesty totally extinguish criminal liability and
produce total oblivion.
2. Restore Civil and Political Rights
- Amnesty restores all the civil and political rights lost
due to criminal and other actions or proceedings as a
product of conviction.
PROCESS OF GRANT OF AMNESTY
1. Proclamation of the president granting amnesty,
specifying the crime committed and specific names of
individual(s) that can avail amnesty
2. Concurrence of majority of the members of Congress
3. Application of the beneficiaries
4. Admission of Guilt
5. Review by the ad hoc committee for qualification
6. Referral clearance by the ad hoc committee to DND if the
crime is against national security and to COMELEC if 17 17
against election laws for recommendation
7. Decision of the Ad Hoc Committee to grant amnesty
SALIENT POINTS OF RA 10592
 PERIOD OF PREVENTIVE IMPRISONMENT
DEDUCTED FROM TERM OF IMPRISONMENT
1. Full time credit allowance for preventive imprisonment
 If the inmate agrees to the rules in writing that he will
be treated as like a regular convicted inmate
(inmate’s manifestation)
 If didn’t agree to abide with the rules, the inmates will
be given 4/5 of the credit
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.
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In case the maximum penalty to which the accused may 2. 3rd to 5th year – 23 days / month
be sentenced is Destierro, he shall be released after thirty (30) 3. 6th to 10th year – 25 days / month
days of preventive imprisonment." 4. 11th up – 30 days / month
5. -15 days / month for study and mentoring
2. GOOD CONDUCT TIME ALLOWANCE
May be granted by the Director of BJMP, Director of BuCor
OLD GCTA LAW ART 97. RPC and Provincial, City and Municipal Jail Wardens and can now
be granted even to a detainee while undergoing trial.
1. 1st 2 year – 5 days per month
2. 3rd – 5th year – 8 days per month DISQUALIFIED FOR GCTA
3. 6th – 10th year – 10 days per month
4. 11th – succeeding years – 15 days per month  Recidivist, quasi-recidivist and habitual delinquents
 Failed to surrender voluntarily after being summoned to
Granted only by the director of BUCOR to a convicted the execution of the sentence
inmate & cannot be applied in BJMP 3. SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)

Act No. 2489, otherwise known as the Industrial Good
Time Law, provides that when a prisoner has been classified
as trusty or penal colonists, he is given an additional 5 days’
time allowance for every month of service. A prisoner serving
life sentence has his sentence automatically reduced to 30
years of imprisonment upon attaining the classification of trusty
or penal colonists
The abovementioned privilege will not apply if,
 When they are recidivists, or have been convicted
previously twice or more times of any crime; and
 When upon being summoned for the execution of
their sentence they have failed to surrender
voluntarily.
NEW GOOD CONDUCT TIME ALLOWANCE
(RA 10592)
ART. 98 – deduction of 1/5 if the convict voluntarily
surrendered within 48 hours after the declaration of
passing of calamities or conflagration or even man-made
crisis
Art 158 – Evasion of Service of Sentence due to failure to
return within 48 hours after passing of calamity or
disorder. Surrendered after 48 hours shall also be charged
with Art. 158 but must be given the mitigating
circumstance of voluntary surrender
18 18
RA 10592 – deduction of 2/5 if the inmate stayed while
disaster is present.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."

1. 1st 2 years – 20 days / month 1.

DIFFERENCES BETWEEN AMNESTY AND PARDON and OTHER CBRP’S

PARDON
Granted by the president
1 pardon = 1 person
Granted after conviction
General types of crimes
Accused/inmate’s Remedy
Pardon
Reprieve
AMNESTY
Granted by the president with concurrence of
congress
1 amnesty = group
Even before trial or filing of complaint
For political crimes only
Granted by When to be Availed
President After final conviction
President After final conviction

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Commutation President After final conviction

Amnesty President with the concurrence of the Before the prosecution of

majority of all the Congress
Probation The court that heard and decided the
case
Parole The Board of Pardons and Parole
GCTA The Director of the BUCOR or by the
BJMP or by Provincial Jail
STAL The Director of the BUCOR or by the
BJMP or Provincial Jail
criminal action, during trial
or before the judgment, or
even after conviction
Within 15 days following the
promulgation of judgment
After service of the
minimum period of
indeterminate sentence
Every month upon showing
good behavior
OLD RULE = 5,8,10,15
NEW LAW = 20,23,25,30
1/5 of the sentence if
returned to jail within 48
hours after the
pronouncement of the
passing away of calamity.

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