Non-institutional

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 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 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 prison 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.
TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS
1. Probation - It is a disposition whereby 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. . 2. Indeterminate Sentence Law/Parole - It is that type of correctional program that
enable the convicted felon after serving the minimum imposable penalty may be 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.
PROBATION - A term coined by John Augustus , from the Latin verb “Probare” which
means “To prove, to test” and “Probatio” which means “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
statues or could opt for a lenient interpretation of them; stolen property could be devalued by the
court so that offenders could be charged with lesser crime.
BENEFIT OF CLERGY, JUDICIAL REPRIEVE, SANTUARY, and
ABJURATION offered offenders a degree of protection from the enactment of harsh sentences.
BINDING OVER FOR GOOD BEHAVIOR is a form of temporary release during which
offenders could take measures 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
1 KATHERINE ROSE C CORTEZ, RCRIM
CORRECTIONAL ADMINISTRATION
(NON-INSTITUTIONAL CORRECTION)
this procedure, indictments were “laid on file” or held in abeyance.
To mitigate unreasonable mandatory penalties, judges often granted 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 track the
offender’s progress and to keep a running account.
MATTHEW DAVENPORT HILL - Father of Probation in England.
JOHN AUGUSTUS - Father of Probation and 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 convicted 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 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 his 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 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 for 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 Philippines 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.
2 KATHERINE ROSE C CORTEZ, RCRIM
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.
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.
In People vs. Vera (37 O. 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 is 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.

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 of 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 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).
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. . b. Probation Protects the Victim 1. It provides restitution. 2. It preserves
justice
 c. . c. Probation Protects the Family 1. It does not deprive the wife and children of
husband and father. 2. It maintains the unity of 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. 2. That all
men deserve a second chance. 3. That an individual can change.
4 KATHERINE ROSE C CORTEZ, RCRIM

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 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.
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.
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 “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.” The probation officer shall submit to the court the
investigation report on an
5 KATHERINE ROSE C CORTEZ, RCRIM
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 day 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 the 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 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; or 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 offense 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 the 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: 1. Sentenced to serve a maximum term of imprisonment of more than six years;
7 KATHERINE ROSE C CORTEZ, RCRIM
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; 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, 57, 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. 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
organization accredited by the DSWD, with the recommendation of the Board. 13. When the
time 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 confinement to an institution; b. There is undue risk that during
the period of probation the offender will commit another crime; 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 , in all cases,
shall not exceed six (6) 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
8 KATHERINE ROSE C CORTEZ, RCRIM
2. Termination by pardon of the probation. 3. Deportation of the probationer. 4. Death of the
Probationer
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 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 Coty or Provincial Parole
and Probation Office, citing the reasons 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 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 graduate; d. 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;
and e. Probation Aides so appointed may hold office during 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 or 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
10 KATHERINE ROSE C CORTEZ, RCRIM
possible to the individual, with due regard to the imperative necessity of protecting the social
order (People vs. 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 for parole and to determine the proper time of release of such prisoners on parole.
Parole Defined - 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 words 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 Revised 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 and 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.
PIONEERS OF PAROLE SYSTEM
ALEXANDER MACONOCHIE
Father of Parole (In Australia) Marks System
WALTER
CROFTON
Founder of Parole (In Ireland) Progressive Mark System ZEBULON REED BROCKWAY
Founder of Parole (In USA) Elmira Reformatory
**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 delinquent ; 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; 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 blind or similar disabilities; d. Serious
illness and other life- threatening disease as certified by a government physician; e. Those
prisoners recommended for the grant of executive clemency by the trial/appellate court as stated
in the decision; and f. Alien prisoners where diplomatic considerations and amity between
nations necessitate review. An indeterminate sentence is a sentence imposed for a crime that is
not given a definite duration. In addition, Act. 4103 provides for the creation of the Board of
Pardons and
11 KATHERINE ROSE C CORTEZ, RCRIM
approval of the Regional Director subject to the confirmation by the Board.
OUTSIDE TRAVEL A Chief Probation and Parole Officer may authorize a client to travel
outside his area of operational jurisdiction for a period of not more than thirty (30) days. A
travel for more than 30 days shall be approved by the Regional Director.
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 Order
(AOR) of the client.
4.
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 maximum sentence
Serve the original 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” 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 THE 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.
“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. -It 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
13 KATHERINE ROSE C CORTEZ, RCRIM
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 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. Pardons
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 or 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 Jones 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, Section 14 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 purpose of this
kind of pardon are: a. TO DO AWAY WITH THE MISCARRIAGE OF JUSTICE 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 offender 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 JUTICE 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.
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
14 KATHERINE ROSE C CORTEZ, RCRIM
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 to 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 prisoners 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.
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.
CONDITIOND 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 pardoned 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 time 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 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.
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 his 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
16 KATHERINE ROSE C CORTEZ, RCRIM
and Parole. Although this policy does not wholly bind the President, has it been disregarded?
COMMUTATION OF SENTENCE -Reduction of 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 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 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. Reprieve
if 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. 4. Cannot be granted in cases of RA 9745 or anti-torture law. 5. Cannot be extended
to cases of civil and legislature 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 list due to criminal and other actions or proceedings as a product of
conviction.