Cacorr2 Im 1st Sem 2022-2023

SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY
NON-INSTITUTIONAL
CORRECTIONS
CACORR2
GLENA C. GANDALERA-ALOS
A Self-Regulated Learning Module
A Self-Regulated Learning Module 1

MODULE CONTENTS
MODULE LESSON PAGE
Module 1 FIRST GRADING LESSONS 5
CHAPTER 1. INTRODUCTION TO NON-INSTITUTIONAL

CORRECTIONS
1. Background of Non-Institutional or Community-based
Corrections
2. Difference between Institutional and Non-Institutional
Corrections
3. Role of Community-based Corrections in the CJS
4. Restorative or Community Justice
5. Effectiveness of Community-based Corrections
CHAPTER 2. PROBATION
1. Theories of Criminal Punishment
2. Personalities Involved in the Development and
Establishment of Probation
3. Forerunners of Probation
4. Timeline of Laws on Probation
5. History of Probation in the Philippines
6. Related Terms on Probation System
Module 2 MIDTERM GRADING LESSONS 17
CHAPTER 3. PROBATION LAW OF 1976 (PD 968)

1. Salient Provisions of PD 986
2. Applications and Procedures Involved in Probation
3. Organization of PPA
4. Indeterminate Sentence Law
5. Probation Administration and its Linkages with the Pillars of
CJS
6. Principles to be Observed by the Probation Officer
CHAPTER 4. EXECUTIVE CLEMENCY

1. Concept of Executive Clemency
2. Procedures in Applying for Executive Clemency
3. Forms of Executive Clemency

Module 3 FINAL GRADING LESSONS 37
CHAPTER 5. PARDON
1. Concept of Pardon
2. History of Pardon
3. Kinds of Pardon
4. Forms of Pardon
CHAPTER 6. PAROLE
1. Concept and Origins of Parole
2. Advantages of Parole
3. Personalities Involved in Parole System
4. Processes Involved in the Parole System
5. Composition and Functions of BPP
6. Differences between Pardon and Parole
7. Differences between Parole and Probation
CHAPTER 7. OTHER FORMS OF COMMUNITY-BASED

RELEASE/ TREATMENT
1. Release on Recognizance
2. Release on Bail
3. Preventive Imprisonment
4. Cases of Youthful Offenders
5. Good Conduct Time Allowance
EVALUATION OF THE MODULE 53

REFERENCES 54

ABOUT THE COURSE
Course Code CACORR2
Course The course focuses on the salient provisions of Presidential Decree 968,
description otherwise known as the Probation Law of 1976 and as amended by RA 10707,
establishing a probation system in the Philippines, its historical background,
philosophy, and operation as a new correctional system, investigation, selection
and condition of probation, distinction between incarceration, parole, probation
and other forms of executive clemency, total involvement of probation in the
administration of the Criminal Justice System. This course includes the other
forms of Non-Institutional Corrections in the Philippines.
Requirements 1. Attendance during Virtual Classes
of the course 2. Quiz
3. Assignments
4. Recitations
5. Online Discussions
6. Reflection Papers
7. Academic Papers
8. Major Examinations
Instructor GLENA C. GANDALERA-ALOS
Official Email: alosglena@e.ubaguio.edu
Official mobile no. 09182265790

MODULE 1. FIRST GRADING LESSONS
At the end of this module, the student shall be able to:

1. Recollect the pillars of the CJS;
2. Discuss the role of correction pillar in the CJS;
3. Differentiate institutional and non-institutional corrections;
4. Explain the concept of community-based corrections;
5. Discuss the evolution of probation system, globally and locally;
6. Memorize the personalities behind the development of probation; and
7. Appreciate benefits and advantages of probation.
CHAPTER 1. INTRODUCTION TO NON-INSTITUTIONAL CORRECTIONS
BACKGROUND OF NON-INSTITUTIONAL OR COMMUNITY-BASED CORRECTIONS
• Community-based correction programs began in the 1970s, 1980s, and 1990s. The programs
offer an alternative to incarceration within the prison system. Many criminologists believed a
significant number of offenders did not need incarceration in high security prison cells. Some
inmates, who might otherwise have been ready to turn away from a life of crime, instead
became like the hardened criminals they associated with in prison.
• In response, states, counties, and cities established local correctional facilities and programs
that became known as community-based corrections. These facilities, located in
neighborhoods, allowed offenders normal family relationships and friendships as well as
rehabilitation services such as counselling, instruction in basic living skills, how to apply for
jobs, and work training and placement.
DIFFERENCE BETWEEN INSTITUTIONAL & NON-INSTITUTIONAL CORRECTIONS
Institutional Corrections
• That aspect of the correctional enterprise that involves the incarceration and rehabilitation of
adults and juveniles convicted of offenses against the law, and the confinement of persons
suspected of a crime awaiting trial and adjudication.
Non-Institutional correction (Community-based Correction)

• That aspect of the correctional enterprise that includes pardon, probation, and parole activities,
correctional administration not directly connectable to institutions, and miscellaneous (activity)
not directly related to institutional care.
THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM
Defining the Scope of Community Corrections

• It is a sanction in which offenders serve some or all their sentence in the community.
• Community-based sanctions span a wide variety of residential, economic and non-residential
treatment options.
• Community sentence seeks to:
1) Repair the harm the offender has caused the victim or the community
2) Provide for public safety
3) Rehabilitate and promote effective reintegration
RESTORATIVE OR COMMUNITY JUSTICE
• Restorative Justice is focused on the victim and emphasizes offender responsibility to repair
the injustice that offenders have caused their victims
• When a crime is committed, the offender harms both the individual victim and the community
• The offender must repair the damage by remaining in the community and repaying the victim
and the community at large
Three Principles Forming the Foundation for Restorative Justice

1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity to participate
fully in the response if they wish.
3. Government’s role is to preserve a just public order, and the community’s is to build and
maintain a just peace.
Four Key Values of Restorative Programs

1. Encounter: Create opportunities for victims, offenders and community members who want to
do so to meet to discuss the crime and its aftermath
2. Amends: Expect offenders to take steps to repair the harm they have caused
3. Reintegration: Seek to restore victims and offenders to whole, contributing members of
society
4. Inclusion: Provide opportunities for parties with a stake in a specific crime to participate in its
resolution
Public Shaming as Punishment

▪ Some offenders can be deterred from future criminal conduct by being publicly shamed.
▪ To be effective, shaming must have five conditions:
a) The offender must belong to an identifiable group.
b) The form of shaming must be sufficient to compromise the person’s social standing in the
group.

c) The punishment must be communicated to the community.
d) The offender must fear being shunned.
e) Normally, there must be a method for the offender to regain social status.
THE EFFECTIVENESS OF COMMUNITY-BASED CORRECTIONS
• Origins of the “Nothing Works” Argument

• Robert Martinson’s 1974 study of 231 correctional treatment programs concluded few had an
appreciable effect on recidivism
• Lipton, Martinson and Wilks reported reaching a similar conclusion in 1975
• Both studies set off a national debate on the effectiveness of corrections
• Martinson’s study coincided with a conservative era of national politics when rehabilitative
philosophy was associated with liberal politics
• “Evidence-based corrections” attempts to measure the process of a program and the impact it
had on participants
CHAPTER 2. PROBATION
• Probation began as a humanitarian effort to allow first-time and minor offenders a second
chance. Early probationers were expected not only to obey the law but also to behave in a
morally acceptable fashion. Officers sought to provide moral leadership to help shape
probationer’s attitudes and behavior with respect to family, religion, employment and free time.
They aimed to ensure that this was enforced as well, and early probationers were given the
opportunity to prove themselves and possibly even reduce their sentence.
• As a background for the study of probation, it is but proper to trace briefly the long history of
the treatment of crime. The more enlightened approach to the problems of crime and criminals
has been slow and faltering. Out history of civilization has shown that the trail of pursuit and
punishment of law violators is almost as bloody as the trail of crime committed.
• The punishment among ancient people was prompt and pitiless. Criminals were feared, hated
and consequently tortured, banished, or killed with no concern whatsoever.
• Later, the laws of Babylon, Greece and Rome sought to maintain some balance of justice by
introducing money compensation. This is the precursor of our use of fines and restitution for
those crimes which did not affect the safety of the state.
• Slaves, have nothing of value to offer as compensation, received unmitigated cruel

punishment. Greece they were broken on the wheel, and in Rome, if guilty of theft, they were
thrown from the Tarpeian rock.
• Jewish laws revealed some consideration for the individual in lesser penalties for impulsive
offenses than for planned murder. The Jews provided for those who killed without

premeditation sanctuaries called “cities of refuge” where the accused was safe pending an
investigation of his criminal responsibility.
THEORIES OF CRIMINAL PUNISHMENT

1. Retribution
➢ Holds that punishment is imposed on the offender in order for the society to vent its
anger toward and exact vengeance upon the criminal.
➢ It maintains that punishment is a device for ensuring that offenders pay for past
misconduct.
2. Deterrence
➢ Punishment is imposed upon a person who has committed a crime. The pain inflicted
will dissuade the offender (and others) from repeating the crime.
3. Restraint
➢ If a criminal is confined, executed, or otherwise incapacitated, such punishment will
deny the criminal the ability or opportunity to commit further crimes that harm society.
Persons who contributed to the development and establishment of Probation:

▪ Matthew Davenport Hill
✓ considered as the “Father of Probation in England”
✓ He was in the forefront of reforming juvenile offenders. He finds persons who act as
guardians of the juvenile offender. Then at unexpected periods, the confidential officer
visits the guardian, makes inquiries and keeps notes of information received.
✓ He conducted his experiment in the Birmingham Court. Beginning in the early years of
1481, he acted for and in behalf of juvenile offenders, when he believes:
o The individual is not fully corrupt
o There was reasonable hope of reformation
o When there could be found persons to act
✓ As guardians, they are kind enough to take charge of the young convict in the belief that
there is a better hope for reformation under such guardians than in prison.
✓ At unexpected period, confidential officers visit the guardians, make inquiries and
register facts. He was thus informed and records were kept.
▪ John Augustus
✓ considered as the “First Unofficial Probation Officer”
✓ “Father of Probation in America.”
✓ Other references say that he’s the “World’s Father of Probation”.
✓ The Boston Shoemaker who was the American pioneer in the development of probation
in the United States. He was the first to develop a sustained service to promote
temperance and to reclaim drunkards. Although later he began to take men and women
charged with other crimes, then eventually children.
✓ He was born in 1785 at Woburn Massachusetts and moved to Lexington Green and
became a Cordwainer or Bootmaker. He prospered and acquired large track of land
apart conveyed to Lexington Academy to erect a school which he became a trustee.

✓ In 1827, he moved to Boston and set up a shop at Franklin Avenue near the
Courthouse.
✓ He began to visit courthouse because of his membership with the Washington Total
Abstinence Society, formed in Boston in 1841 to promote temperance and to reclaim
drunkards.
o 1st year – he took only men charge with drunkenness
o then men and women charge with other offense
o then children/ number of cases increase each year
METHODS OF AUGUSTUS
o Provide bail for temporary suspension of punishment of sentence
o Then he sought counsel and assists his charges in finding homes, securing
employment and adjusting family difficulties.
o At the end of probation, he brought offender back to court-if no further charges
are found- judge imposes a nominal fine with cost if man is poor, Augustus
advance fine as a loan.
AUGUSTUS EXPERIMENT
o August 1841- Rugged drunk man
o 3 weeks- The drunkard was brought back to court where the judge cannot
recognize him. The judge imposes a fine of $ 3.76.
o Augustus died on June 21, 1859 and out of 2000 person whom he extended his
help, only 10 were ungrateful. Moreover, out of 1100 cases, only one case was
forfeited.
▪ Teodulo C. Natividad
✓ “Father of Probation in the Philippines”
✓ He headed the committee (IDCCP) primarily tasked with the drafting of the adult
probation law.
FORERUNNERS OF PROBATION
Probation was first legally established in the United States of America, but to trace its origins
we must turn to earlier schemes for humanizing the criminal justice under the common laws of
England. These procedures were brought over with the law and customs of England and were
adapted by the colonists who settled the eastern shores of the United States.
1. Benefit of Clergy – earliest device for softening the brutal severity of punishment. This was a
compromise between the church and the king that if any member of the clergy was brought to
trial before the King’s court, such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner subject to the authority of the
ecclesiastical court only. There was a greater leniency in sentencing and particularly escape
from death penalty. The Jury of the Twelve Clerks establishes acquittal or guilt.
2. Judicial Reprieve – withdrawal of sentence for an interval of time, whereby the execution of
sentence is suspended either before or after judgment such as when there is a favorable
circumstance in the criminal’s character, in order to give him opportunity to apply to the King

for either an absolute or conditional pardon. Early English courts began to grant reprieve to
prisoners under sentence of death on condition that they accept deportation to English
settlements in the America.
3. Recognizance or “Binding Over for Good Behavior” – this is considered as the “Direct
Ancestor” of Probation. This involves an obligation or promise, sworn to under court order by a
person not yet convicted of a crime that he would keep the peace and be of good behavior.
Sureties or bail were required, and the person who stood as surety had the power to enforce
the conditions of his release.
4. Transportation – this was developed from an ancient practice of banishment and flourished
for more than two hundred years as a principal method of disposing offenders. It is mainly as a
cheap source of supplying labor to the colonies of England.
Timeline of Laws on Probation
1. Massachusetts – The first probation law was passed and was signed by Gov. Alexander H.
Rice on April 26, 1878. It was a general type of probation – probation applied both to juvenile
and adults.
2. State of Vermont – was the second state to enact a general probation law called the Vermont
Act of 1898. Vermont was the first to adopt a COUNTY (not country) PLAN, where each
country court was required to appoint a probation officer whose duty was to investigate
accused at the request of any court. He was authorized to recommend that such persons if
convicted be placed on probation. Probation was granted only after the suspension of
execution of sentence.
3. State of Rhode Island – The Act of 1899 makes the State of Rhode Island the third state to
have a general type of probation law. The Act of 1899 empowered the Board of State Charities
and Corrections to appoint a state probation officer and additional probation officers; one of
whom shall be a woman. Probation was granted before the imposition of sentence and even
without conviction. It was the first state to adopt the designation “Counselor” rather than
“Officer”.
4. In 1899, the States of Minnesota and Illinois enacted laws giving probation to juvenile
delinquents only.
5. New Jersey – was the fourth state to pass a general probation law in 1900 and later that year
New York enacted its probation law, making it the fifth to have a general probation law.
6. California (6th) established its general probation law in 1903. Two other states followed –
Connecticut and Michigan.

Federal Probation Act
• The move to secure a probation act started with the introduction of a probation bill on January
11, 1909 by Representative McCall. Then on June 18, 1909, Sen. Robert T. Owen introduced
a bill in senate to provide for probation. On March 4, 1925 President Coolidge signed the
Federal Probation Law.
• This desire to establish a federal probation system stemmed from the dissatisfaction of federal
judges with the harsh and severe penalties they were compelled to impose upon wrongdoers.
The Federal laws provided no alternative informal probation was established in a number of
federal courts. These probations are as follows:
o Partial Suspension of Sentence

1. Payment of fine and costs, other punishment prescribed being suspended.
2. “Mixed or Combination Sentence” – sentencing or imprisonment in one count of any
crime while suspending sentence on the remaining counts of crimes.
3. Suspension of balance of sentence after a portion of it had served.
o Suspension of Sentence in Entirety

1. Suspension of the imposition of sentence.
2. Suspension in the execution of sentence.
o Continue cases for Sentence; defer sentence; or file the indictment without
sentencing
o Suspension of Sentence with some provisions for oversight – sentence would be

deferred continued or suspended or the indictment filed with the requirement that the
defendant be under supervision. These procedures came very close to current probation
requirements, in that control and oversight of the defendant were ordered in conjunction
with the suspension of sentence.
o Unclassified Suspension – suspension of sentence with the requirement that bond be

posted as guarantee of future good conduct and law observance.
1. Suspension, discharge, or remittance of sentence would be contingent upon and during
good behavior.
2. Suspension or non-execution of judgment on condition that the defendant be deported
or depart from the jurisdiction of the court.
• These informal practices were, however, not acceptable by all federal courts, nor were they
generally favored by federal judges. The Attorney General of the United States was likewise
against such practice, as the informal practices were not supported by all. The decisions of US
Supreme Court in the Killits Case have barred the continued use of the informal probation
practices.

THE KILLITS CASE:
• In the summer of 1914, an assistant cashier and head paying teller in a Toledo, Ohio bank,
named James J. Henehan, embezzled $4,700 by falsifying entries in the bank’s books.
Following indictment, the defendant entered a plea of guilty on March 5, 1915, and was
sentenced by Judge Killits to 5 years of imprisonment, the shortest sentence which under the
statute could have been imposed. The defendant then made immediate application for
suspension of execution of sentence, to which the U.S. attorney objected but the court
nevertheless ordered execution of the sentence suspended at once and the term of court kept
open for 5 years for this purpose, during the good behavior of the defendant.
THE U.S. SUPREME COURT BARRED SUSPENSION OF THA KILLITS CASE:

• This decision in the Killits case renders further arguments in favor of or against the practice
mere pedantry for, in-spite of uncertain authority, diverse practice and legal history, the
mandamus in the Killits case served as a permanent injunction to a continued imposition of
suspended sentences in federal criminal cases.
HISTORY OF PROBATION IN THE PHILIPPINES
Philippine Legislature enacted the first Probation Law of the Philippines – Act No. 4221 – dated
August 7, 1935 but in the case of People versus Vera (37 O.G. 1640), it was subsequently declared
as unconstitutional by the Supreme Court due to the following reasons:
1. It constitutes an undue delegation of legislative powers. (“because Section 11 of said Act

No 4221 endows the Provincial Boards with the power to make said law effective or otherwise
in their respective provinces”)
2. Violations of the equal protection of the laws. Section 1, Article III of the Constitution: “No
person shall be deprived of life, liberty or property without due process of law, nor shall any
person be denied the equal protection of the laws. (its application is not uniform throughout the
Islands. It is made to apply only to the Provinces of the Philippines in which the respective
Provincial Boards shall have provided for the salary of a probation officer”)
• Encroaches upon the pardoning power of the Chief Executive. (“In the oral argument
dated October 6, 1937, further elaborated on the theory that probation was a form of
reprieve and therefore Act No. 4221 is an encroachment on the exclusive power of the
Chief Executive to grant Pardons and Reprieve”)
• “We conclude that the Probation Act does not conflict with the pardoning power of the
Executive. The pardoning power in respect to those serving their probationary sentence,
remains as full and complete as if the Probation Law had never been enacted. The
President may yet pardon the probationer and thus place it beyond the power of the
court to order his re-arrest and imprisonment. (Riggs vs United States [1926], 14 F

• “There is thus no conflict with the pardoning power and no possible unconstitutionally of
the Probation Act for this cause” (Archer vs. Snook [1926], 10 F. [2d], 567, 569.)
The challenged section of Act No. 4221 is Section 11, which reads as follows:
“This Act shall apply only in those provinces in which the respective provincial boards have
provided for the salary of a probation officer at rates not lower than those now provided for
provincial fiscals. Said Probation Officers shall be appointed by the Secretary of Justice and shall
subject to the direction of the Probation Officer.”
• In other words, and to make the story short, the provincial boards of the various provinces are
to determine for themselves, whether the Probation Law shall apply to their provinces or not at
all.
• The applicability and application of the Probation Act are entirely placed in the hands of the
provincial boards. If a provincial board does not wish to have the Act applied in its province, all
that it has to do is to decline to appropriate the needed amount for the salary of probation
officer.
• The plain language of the Act is not susceptible of any interpretation. This, to our minds is
virtual surrender of legislative power to the provincial boards.
About Vera…
• “Original Action in the Supreme Court. Certiorari and Prohibition dated August 19, 1937.
Respondent herein, Hon Jose O. Vera is the Judge ad interim of the seventh branch of the
Court of First Instance of Manila, who heard the application of the defendant Mariano Cu
Unjieng for Probation. (Criminal case no. 42649 entitled People of the Philippines vs. Mariano
Cu Unjieng). And thereafter prohibit the said Court of First Instance from taking any further
action or entertaining further the aforementioned application for probation, to the end that the
defendant may be forthwith committed to prison in accordance with the final judgment of
conviction rendered by this court in said case. (G.R. No. 41200)
Act No. 4221 was abolished November 16, 1937….

• The second attempt to establish a probation system in the Philippines was made by
Commissioner Teodulo C. Natividad, in collaboration with the former Congressman of Manila,
Ramon D. Bagatsing, with the introduction in the House of Representatives, House Bill 363.
This Bill was passed in the House of Representatives and was pending in the house of Senate
when Martial Law was proclaimed. Nevertheless, the attempt was motivated on the highest
plane of correctional though. In August 1970, Hon. Teodulo Natividad became a member of
the Philippine Delegation to the Fourth United Nations on the Prevention of Crime and
Treatment of offenders held in Kyoto (Tokyo), Japan. With the eighty-five participating
countries, the Philippines were the only one without an adult probation law.
• On November 13, 1974, the Inter Discipline Committee on Crime Prevention (IDCCP) was
created to formulate a national crime prevention program for the country. The Committee
placed emphasis on “Probation” (crime prevention) rather than “Reaction” (actions taken after

the occurrence of crime). The committee was composed of experts from the various sectors
and disciplines comprising the five pillars of the criminal justice system. The secretary and the
chairman, Juan Ponce Enrile to draft the adult probation decree, asked the IDCCP, then under
the charged of Hon. Teodulo Natividad. The decree was made ready for the presentation at a
seminar on a probation system sponsored by the National Police Commission at the UP Law
Center on April 1976, attended by 369 participants.
• Multi-sectoral experts and authorities on discipline reviewed the proposal. A survey was also
made to elicit comments on the adoption of the adult probation system in the country.
Favorable results showed: 87.1% in favor of adoption; 7.1% apprehensive; 5.8% non-
committal.
• Under the leadership of Commissioner Teodulo C. Natividad, the IDCCP, after barely two
months of work evolved a proposed system for probation for adults based on evaluation of
projects on crime prevention and treatment of offenders in the country, notably the Bacolod
City experiment on social defense. This was later incorporated as part of PD 968. The final
forum on the proposed institutionalization of adult probation in the country was the First
National Conference on Crime Control, which was held at Camp Aguinaldo from July 22 to July
24, 1976. It was in this historic last day of the conference that President Ferdinand E. Marcos
signed PD 968.
DEFINITION OF TERMS
1. Absolute Pardon – refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition. It restores to the individual his civil and political rights
and remits the penalty imposed for the particular offense of which he was convicted.
2. Amnesty – is a general or blanket pardon extended to group of persons usually to political
offenders by executive clemency with the concurrence of the congress.
3. Arrival Report – refers to the report submitted by the Probation and Parole Officer to the
Board, through the Technical Service of the Parole and Probation Administration when the
parolee has reported to the Probation and Parole Officer concerned, for parole supervision
after release from prison/jail.
4. Board – refers to the Board of Pardons and Parole
5. Carpeta – refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the court after conviction, the prosecutor’s information and the
decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of
detention and other pertinent documents of the case.
6. Client – refers to a parolee/ pardonee who is placed under supervision of a probation and
parole officer.
7. Commutation of Sentence – refers to the reduction of the duration of a prison sentence of a
prisoner.
8. Conditional Pardon – refers to the exemption of an individual, within certain limits or
conditions, from the punishment which the law inflicts for the offense he had committed
resulting in the partial extinction of his criminal liability.

9. Executive Clemency – refers to reprieve, absolute pardon, conditional pardon with or without
parole conditions and commutation of sentence as may be granted by the President.
10. Gate Fever – the feeling of an immediate release from the penitentiary and the feeling of
uncertainty in the part of the suppose parolee at the ebb of his release to the community.
11. Indeterminate Sentence – a sentence of incarceration having a fixed minimum and maximum
term of confinement.
12. Infraction Report – refers to the report submitted by the probation and parole officer to the
Board, through the Technical service of the parole and probation administration, when parolee
has been subsequently convicted of another crime.
13. Intermittent Sentence – offender is sentenced to a term requiring partial confinement in jail as
when the offender must serve weekends in jail.
14. Jails – are institutions for the confinement of untried prisoners and sentenced prisoners
serving imprisonment not more than three years, controlled by the Local Government (DILG)
and under the supervision of BJMP.
15. Kangaroo Court – existence of other discredited methods of discipline. It covers hands down
decisions without any legal or official authorization to do so.
16. Parole – is a procedure by which prisoners are selected for release on the basis of their
individual response and progress within the correctional institution. It is a conditional release
after the prisoner has served the minimum sentence of imprisonment.
17. Parolee – refers to a prisoner who is released on parole.
18. Parole Supervision – refers to the supervision/surveillance by a probation and parole officer
to the parolee/ pardonee.
19. Petitioner – refers to the prisoner who applies for the grant of executive clemency or parole
20. Prison – are institutions for confinement of sentenced prisoners serving imprisonment for
more than three years, administered by the State or National Government (DOJ) and under the
supervision of Bureau of Correction
21. Prison Record – refers to information concerning an inmate’s personal circumstances, the
offense he committed, the sentence imposed, the criminal case number in the trial and
appellate courts, the date he commenced serving his sentence, the date he was received for
confinement, the place of confinement, the date of expiration of the sentence, the number of
previous convictions, if any, and his behavior or conduct while in prison.
22. Probation – is a disposition under which a defendant after sentence and conviction is released
subject to the conditions imposed by the court and to the supervision of probation officer.
23. Progress Report – refers to the report submitted by a probation and parole officer on the
conduct of the parolee while under supervision.
24. 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.
25. Release Document – refers to the “discharge on parole” issued by the Board to a parolee and
to document issued by the President of the Philippines to a pardonee upon the Board’s
recommendation.
26. Shock Probation – offenders are incarcerated in a jail or prison for shock value. Judges
initially sentence offenders to terms of imprisonment, usually in jail. After offenders have been
in jail for a brief period (example: 30, 60, 90, 120), they are brought back to re-appear before
the judge who sentenced them. If these offenders have behaved well while in prison, the

reconsiders their original sentence imposed and the offenders are re-sentence imposed and
the offenders are re-sentenced to undergo probation.
27. Shock Probationer – offender placed on shock probation.
28. Split Sentence – the judge imposes a Combination Sentence, wherein a portion of the
sentence includes imprisonment and a portion of which is probation. Thus, the judge may
sentence the offender up to one year, with a maximum incarceration of six months. The
remainder of the sentence is to be served on probation.
29. Shock Incarceration or Boot Camp – highly regimented military, military-like, short-termed
correctional programs (90 to 180 days in duration) in which offenders are provide with strict
discipline, physical training, and hard labor resembling some aspect of military basic training.
Convicted offenders are jailed or otherwise confined, but their confinement resembles
something like military boot-camp training.
30. Status Report – refers to the report submitted by the probation & parole officer to the Board,
through the Technical Service of the Parole and Probation Administration, when the parolee
commits another offense during the period of his parole supervision and the case filed has not
yet been decided by the court.
31. Violation Report – refers to the report submitted by the probation & parole officer to the
Board, through the Technical Service of the Parole and Probation Administration, when the
parolee commits any violation of the terms and conditions appearing in his release document
or any serious deviation or non-observance of the obligations set forth in the parole
supervision program.
32. Warden – refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail.
NOTE:
Assessment tasks of the First Grading Lessons will be assigned and to be
posted by the Course Instructor through Canvas. Likewise, submission of
outputs and major examinations will be through the said learning platform.

MODULE 2. MIDTERM GRADING LESSONS

1. Discuss the salient provisions of PD 968 as amended by RA 10707;
2. Familiarize the procedures in implementing the probation system in the Philippines;
3. Compute the period of probation and subsidiary imprisonment in case of insolvency;
4. Familiarize the organizational composition of the PPA;
5. Discuss the salient provisions of Act No. 4103 or the ISL;
6. Understand the link between the probation administration and the pillars of CJS; and
7. Understand the concept and implementation procedures of executive clemency.
CHAPTER 3. PD 968: PROBATION LAW OF 1976
WHAT IS PROBATION?
• Probation is a privilege granted by the court to a person convicted of a criminal offense to
remain in the community instead of actually going to prison.
• It is a disposition under which a defendant, after conviction and sentence, is released to the
supervision of a probation officer subject to conditions imposed by the court.
WHAT ARE THE TYPES OF PROBATION?

• There are two types, namely:
1. Juvenile Probation covers offenders from nine to 18 and;
2. Adult probation which covers offenders who are 18 years old and above.
IS PROBATION NEW IN THE PHILIPPINES?

• No, the first Adult Probation Law was enacted in 1935 but was declared unconstitutional
1937 on the ground that on all provinces could afford financially to implement probation
consonant with the equal protection of the law (People VS Vera).
• Under Sec. 32 of RA 6425 otherwise known as the Dangerous Drug Act of 1972 as amended,
probation is granted to minor first offenders.
• In 1966, House Bill No. 363, sponsored by the Congressman Teodulo C. Natividad and
Ramon Bagatsing, revived the Probation motion, but did not pass to Congress.
• In 1974, PD 603, the Child and Youth Welfare Code suspends the sentences of minor
offenders whose age ranges from 9 to 18 years and places them in the Rehabilitation Centers

upon the supervision or custody of the DSWD or released on probation to custody of their
parents or to any responsible person under the supervision of the DSWD.
• On July, 1976, PD 968, the adult Probation Law was signed by President Marcos establishing
the Probation Administration under the Department of Justice. PD 968 seeks to afford adult
offenders under existing laws and what offenders in other countries have long been entitled to.
WHAT IS PRESIDENTIAL DEGREE 968?

• PD 968 is the Probation Law of 1976 which grants probation to eligible adult offenders. This
was passed during the administration of President Ferdinand E. Marcos.
WHEN DID THE PROBATION SYSTEM BECOME OPERATIONAL?

• The probation system became operational on January 3, 1978.
WHO CAN APPLY FOR PROBATION?

• Any sentenced offender, 18 years of age and above, can apply for probation before serving the
imprisonment sentence.
WHAT IS PROBATIONER?
➢ It is a person placed on probation.
IS PROBATION A RIGHT?
➢ No, it is a mere privilege. It is a privilege granted by the court; it cannot be availed of as a
matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it
must first be shown that an applicant has none of the disqualifications imposed by law.
WHAT IS THE THREE-FOLD PURPOSES OF PROBATION?

a. promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
b. provide an opportunity for the reformation of a penitent offender which might be less probable
if he were to serve a prison sentence; and
c. prevent the commission of offenses
WHEN TO FILE PETITION FOR PROBATION?

• Any time after conviction and sentence, but within the period of perfecting an appeal.
“RA No. 10707 Section 4 (Approved November 26, 2017): 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. In a case involving several defendants
where some have taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of the judgment of

conviction. The trial court shall, upon receipt of the application filed, suspend the execution of
the sentence imposed in the judgment.”
WHERE TO FILE PETITION FOR PROBATION?

• The trial court, which has jurisdiction over the case.
WHAT ARE THE LEGAL EFFECTS OF FILING PETITION FOR PROBATION?

1. Execution of the sentence is suspended.
2. It is a waiver of the right to appeal.
WHAT ARE THE PROCEDURES IN APPLYING FOR PROBATION?

a. The offender or his counsel files a petition with the court that convicted him.
b. The court determines his qualifications and notifies the prosecuting officer of the filling of the
application for probation.
c. The prosecutor submits his comments on such application within 10 days from receipt of the
notification.
d. If petitioner is qualified, his application is referred to the Probation Officer for Post-sentence
investigation.
e. The Post Sentence Investigation Report (PSIR) is submitted by the Probation Officer to the
court within 60 days.
f. The court grants or denies the petition for probation within 15 days after receipt of PSIR.
POST-SENTENCE INVESTIGATION
• No person shall be placed on probation except upon prior investigation by the probation officer
and a determination by the court that the ends of justice and the best interest of the public as
well as that of the defendant will be served thereby.
FORM OF INVESTIGATION REPORT

• shall be in the form prescribed by the Probation Administrator and approved by the Secretary
of Justice
Purpose of PSIR – the purpose of the PSIR, referred to as the Report, is to assist the court in
determining whether or not the ends of justice and the best interests of the public as well as that of
the offender will be served by granting probation.
Initial Interview – within 5 working days from the receipt of the court order, the probation officer shall
interview the petitioner. In said interview, the probation officer shall request the petitioner to
accomplish under oath a work sheet. The information contained in the work sheet shall serve as a
basis for further investigation.
Upon submission of the work sheet, the probation officer shall conduct a thorough investigation into
the character, antecedents, environment, physical and mental condition of the petitioner, the manner
by which the petitioner, probation will be handled and the possible social adjustment of the petitioner.

Subsequent Interview – the probation officer may conduct subsequent interview of the petitioner
and or other persons to secure additional data or clarify discrepancies between the information
received from the petitioner and those secured from other sources. Interview is confidential in nature
and shall be between the CPPO and the petitioner.
Importance of the Post-Sentence Investigation Report – the court cannot grant nor deny the
application for probation without the PSIR of the probation officer.
1. It supplies information that will assist the court in its determination whether to grant or deny
probation.
2. If probation is granted, will assist the CPPO in his formulation and execution of treatment and
supervision of program.
3. If probation is not granted, will assist the correctional institutions in their classification,
treatment and release decisions.
4. Provide sources of information for statistics and research.
Essentials of Good Post-Sentence Investigation Report Writing

1. Accurate information.
2. Objectivity or the elimination of personal feelings and prejudices.
3. Identification of source of information.
4. Absence of moralization.
5. Brevity and conciseness.
6. Assessment of strength and weakness.
7. Analysis of problems and causal factors.
8. Continuity and logical flows of ideas and function.
9. Clarity.
Courtesy Investigation – all information surrounding the personality of the petitioners are materials
to the grant or denial of petition. The petitioner must have lodged in some place far from the trial court
having jurisdiction over the case investigation referral is necessary.
Contents of the Post-Sentence Investigation Report (PSIR)

1. Circumstances surrounding the crime or offense for which the applicant was convicted and
sentenced
2. Details of other criminal records, if any
3. Personal circumstances, educational, economic-socio civic data and information about the
applicant
4. Characteristics of the applicant, employable skills, employment history, collateral information
5. Evaluation and analysis of the applicant’s suitability and legal capacity for probation and his
potential for the rehabilitation, reform, development, transformation and re-integration into the
community
6. Recommendation whether to grant or deny the probation
7. Data and information on the applicant’s financial condition and capacity to pay, his civil liability,
if any
8. Results of findings of drug, psychological and clinical tests conducted, if any

9. Results of criminal records, if any, whether decided or still pending furnished by various law
enforcement agencies tapped by the Probation Office for such purpose
10. Results of courtesy investigation, whether GCI/FBCI or PGCI, if any, conducted in the
birthplace or place of origin of applicant especially if he plan to reside thereat while on
probation, if ever his application will be granted
✓ Full Blown Courtesy Investigation (FBCI) is a General Courtesy Investigation (GCI)
from another city or provincial parole and probation office, which request for a complete
PSIR on a petition for probation pending referral investigation in the Probation Office of
origin.
✓ Partial Courtesy Investigation (PCI): all other GCI not falling within the purview of a
FBCI to be conducted by another Probation Office
11. Other analogous and related matters
PERIOD FOR SUBMISSION OF INVESTIGATION REPORT

• The probation officer shall submit to the court the investigation report on a defendant not later
than sixty days from receipt of the order of said court to conduct the investigation. The court
shall resolve the petition for probation not later than five days after receipt of said report.
MAY THE OFFENDER BE RELEASE WHILE HIS APPLICATION FOR PROBATION IS PENDING?
• Yes, at the discretion of the court. The offender may be released:
1. On the same bond he filed during the trial; or
2. On the new bond; or
3. To the custody of a responsible member of the community if unable to file a bond.
WHAT ARE THE CRITERIA FOR PLACING AN OFFENDER ON PROBATION?

• The probation officer shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and
community resources.
WHAT ARE THE GROUNDS FOR THE COURT TO DENY PROBATION?

a. the offender is in need of correctional treatment;
b. there is undue risk that during the period of probation the offender will commit another crime;
c. the grant of probation will depreciate the seriousness of the offense committed
DISQUALIFIED OFFENDERS (Sec. 9 of PD 968 as amended by Sec. 2 of RA 10707)

• The benefits of this Decree shall not be extended to those:
a. sentenced to serve a maximum term of imprisonment of more than six years;
b. convicted of any crime against the national security;
c. who have previously been convicted by final judgment of an offense punished by imprisonment
of more than six (6) months and one (1) day/or a fine of more than one thousand pesos
(P1,000.00);
d. who have been once on probation under the provisions of this Decree; and
e. who are already serving sentence

ARE ALL CONVICTED PERSONS WHO ARE NOT DISQUALIFIED ENTITLED TO PROBATION
AUTOMATICALLY?
• The court will not grant probation if it finds that:
a. The offender can be treated better in a mental institution or other places for correction; or
b. The offender is dangerous risk to the community
c. The offense is grievous in the eye of the community.
WHO GRANTS PROBATION?

• SECTION 1. Section 4 of Presidential Decree No. 968, as amended by RA 10707, is hereby
further amended to read as follows:
SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it
shall have convicted and sentenced a defendant for a probationable penalty and upon application
by said defendant within the period for perfecting an appeal, suspend the execution of the
sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best. No application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction: Provided, that when a
judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified decision before such decision becomes final.
The application for probation based on the modified decision shall be filed in the trial court where
the judgment of conviction imposing a non-probationable penalty was rendered, or in the trial court
where such case has since been re-raffled. In a case involving several defendants where some
have taken further appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of conviction.
The trial court shall, upon receipt of the application filed, suspend the execution of the sentence
imposed in the judgment.
This notwithstanding, the accused shall lose the benefit of probation should he seek a review of
the modified decision which already imposes a probationable penalty.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable.
HOW MANY TIMES CAN BE GRANTED PROBATION?

• An offender can be granted only once in his lifetime.
TERMS AND CONDITIONS OF PROBATION
A. Mandatory Conditions
a. To present himself to the probation office for supervision within 72 hours from receipt of the
said order;

✓ Absconding Petitioner- a convicted accused whose application for probation has been
given due course by the court but fails to report to the parole and probation office or cannot
be located within a reasonable period of time.
✓ Absconding Probationer- an accused whose probation was granted but failed to report
for supervision within the period ordered by the court or a probationer who fails to continue
reporting for supervision and/or whose whereabouts are unknown for a reasonable period
of time.
b. To report to the assigned PPO on case at least once a month during the period of probation at
such time and place as may be specified by the probation office.
B. Other Conditions
a. cooperate with a program of supervision;
b. meet his family responsibilities;
c. devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;
d. undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;
e. pursue a prescribed secular study or vocational training;
f. attend or reside in a facility established for instruction, recreation or residence of persons
on probation;
g. refrain from visiting houses of ill-repute;
h. abstain from drinking intoxicating beverages to excess;
i. permit the probation officer or an authorized social worker to visit his home and place of
work;
j. reside at premises approved by it and not to change his residence without its prior written
approval;
• Transfer of Residence: Whenever a probationer is permitted to reside in a place under
the jurisdiction of another court, control over him shall be transferred to the executive
judge of the "Court of First Instance" of that place, and in such case, a copy of the
Probation Order, the investigation report and other pertinent records shall be furnished
to said executive judge. Thereafter, the executive judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him that was previously
possessed by the court which granted the probation.
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.
WHEN DOES A PROBATION ORDER TAKE EFFECT?

• A probation order shall take effect upon its issuance, which consists of reading the probation
order in an open court.
MAY THE CONDITIONS OF PROBATION BE MODIFIED?

• Yes, the court may motu propio modify the period or conditions of probation or upon motion of
the probationer or probation officer.

WHO HAS CONTROL OVER THE PROBATIONER?
• The court, which granted probation, has control over the probationer.
WHO HAS ACTUAL SUPERVISION OVER PROBATIONER?

• The probation officer
Supervision
• In so far as probation is concerned, crime is defined as social diseases that require
therapeutical intervention.
• Investigation in the diagnostic process while supervision is the treatment process which is the
continuing relationship between the probation officer and the probationer.
o Operation Supervision – which refers to the joint processes that take place between
the probation officer and the probationer from the time probation is granted until it is
terminated
o Administrative Supervision – which refers to the relationship between the probation

officer and the assistant probation officers during the conduct of operational supervision
Purpose of Supervision
1. To ascertain whether the probationer is following said conditions.
2. To carry out the conditions set forth in the probation order.
3. To bring about the rehabilitation of the probationer and his re-integration to the community.
Start of Supervision
• the start of the supervision period may be based on the date of issuance of probation order,
unless the court in its order specifies another date, in such manner as that of supervision
• When a probationer first report for supervision, the probation officer shall interview the
probationer and explain the conditions of probation to him in a language or dialect understood
by him.
• The probationer shall sign a statement under oath (probation form #4) that he understands the
conditions of his probation ad that he undertakes to comply with said conditions.
Levels of Supervision
1. Minimum – needing minimal attention and requiring not more than once a month office
reporting. Uses green plan card tab.
2. Medium – needing moderate attention and requiring twice a month office reporting. Uses
yellow plan card tab.
3. Maximum – needing considerable attention and requiring more than twice a month office
reporting. Uses red plan card tab.
CAN THE PETITIONER BE PERMITTED TO RESIDE OR TRANSFER OUTSIDE THE

JURISDICTION OF THE COURT, WHICH GRANTED HIM PROBATION?
• Yes.

WHAT HAPPENS NOW TO THE CONTROL AND SUPERVISION?
• Control over his probation is transferred to the Executive Judge of the Regional Trial Court of
the place where the probationer is residing, subject to the supervision of the City or Provincial
Parole and Probation Office of that place.
WHAT RECORDS SHOULD BE TRANSMITTED TO THE OFFICE OF THE EXECUTIVE JUDGE

AND PROBATION OFFICE OF THE PLACE THE PROBATIONER HAS TRANSFERRED?
1. Court order for the temporary transfer duly approved by the court.
2. Copy of the PSIR and the probation order.
3. Progress report on supervision.
• In travel outside jurisdiction of more than 30 days, approval of the probation officer and the
court is required.
Transferred Supervision
• when the PO who submitted the PSIR has undertaken the supervision and the probationer is
authorized to transfer residence to another jurisdiction, supervision has to be transferred to the
probation office and to the Executive Judge of that jurisdiction
• All copies of pertinent documents pertaining to the probationer must also be transferred to both
offices. The original transferring office has no jurisdiction over the transferred probationer.
• Executive Order No. 292 otherwise known as “The Administrative Code of 1987”, which
took effect September 21, 1987, instituting the Administrative Code of 1987, merging the
supervision of parolee and conditional pardonee under the supervision of the Probation
Administration.
WHAT IS THE PERIOD OF PROBATION?

a. The period of probation of a defendant sentenced to a term of imprisonment of not more than
one year shall not exceed two years, and in all other cases, said period shall not exceed six
years.
b. When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be
more than twice the total number of days of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal Code, as amended.
Art. 39. Subsidiary Penalty – if the convict has no property with which to meet the fine
mentioned in para. 3 of the next preceding article, he shall be subject to a subsidiary personal
liability at the rate of one day for each eight pesos.
MAY THE PROBATIONER BE ARRESTED DURING THE PERIOD OF HIS PROBATION?

• Yes, the court may issue a warrant for his arrest for serious violation of the conditions of the
probation order.
WHAT IS THE NATURE OF HEARING?

• It is informal and summary in nature. Probationer have the right to counsel and shall be given
all the opportunities to be heard because it may lead to revocation and hence imprisonment.

• The Probation Officer prosecutes but may ask assistance from the prosecutor office in the
presentation of evidence.
WHAT IS VIOLATION OF PROBATION ORDER?

• An act or omission, which contrary to the conditions set forth in the probation order of the
probationer
• Serious and willful non-compliance with the conditions of the probation order.
Note:
✓ In violation report, specific violation of the condition must be stated and immediate
investigation should be conducted. Result of the investigation should be forwarded to the
court.
✓ A complete statement of the facts of the alleged violation including the date, place and
circumstances thereof, the statement of the witnesses and the arresting officer, if any.
✓ In the hearing for violation of the conditions for probation, the probationer shall have the
right to have his own counsel, preferably of his own choice. During such hearing of violation
of probation, the state is represented by prosecutor.
WHAT IS THE POSSIBLE RESULT IF VIOLATION IS PROVEN IN COURT?

1. Revoke the probation and let the offender serve the original sentence imposed by the court.
2. Allow the probationer to continue with his probation and modify the conditions of his probation
order.
IS PROBATION COTERMINOUS WITH THE PERIOD OF PROBATION?

• No, because the court may order the final discharge or termination of a probationer after a due
consideration of the report and recommendation of the probation officer.
TERMINATION OF PROBATION
• Upon finding that the probationer has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated
• SECTION 3 of RA 10707. Section 16 of the same Decree, as amended, is hereby further

amended to read as follows:
SEC. 16. Termination of Probation. — After the period of probation and upon consideration of
the report and recommendation of the probation officer, the court may order the final discharge
of the probationer upon finding that he has fulfilled the terms and conditions of his probation
and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally extinguish his criminal liability as to the
offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.”

WHAT ARE THE LEGAL EFFECTS OF FINAL DISCHARGE/TERMINATION FROM PROBATION?
1. It restores to the probationer all his civil rights that were lost or suspended as a result of his
conviction.
2. Totally extinguish criminal liability but not civil liability as to the offense for which probation was
granted.
CONFIDENTIALITY OF RECORDS
• The PSIR and the supervision history of a probationer shall be considered as privileged and
shall not be disclosed to anyone other than the Probation and Parole Administration and the
Court concern.
• Exceptions:
a. the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents.
b. any government office or agency engaged in the correction or rehabilitation of offenders.
WHAT IS THE PENALTY FOR THE VIOLATION OF CONFIDENTIAL NATURE OF PROBATION

RECORDS?
• The penalty of imprisonment ranging from six months and one day to six years and a fine
ranging from six hundred to six thousand pesos shall be imposed upon any person who
violates Section 17 hereof:
✓ Nature of the interview of a petitioner. The data and information gathered should be strictly
privileged and confidential in nature.
✓ Nature of recommendation of the probation officer. The entire PSIR submitted to the trial
court is only recommendatory in nature and the final recommendation is persuasive in
character.
✓ Nature of the grant of probation. Application for probation is a mere Privilege. The grant or
denial or probation lies within the sound discretion of the court. And once probation is
granted, it becomes a matter of right. As such it could not be revoked unless:
a. A violation is alleged.
b. Notice is given to the probationer.
c. A hearing is held.
ORGANIZATION OF PAROLE AND PROBATION ADMINISTRATION

(EXECUTIVE ORDER NO. 292)
• The Probation and Parole Administration is under the Department of Justice.
• The Parole and Probation Administration hereinafter referred to as the Administration shall
have the following functions:
o Administer the parole and probation system;
o Exercise general supervision over all parolees and probationers;
o Promote the correction and rehabilitation of offenders; and
o Such other functions as may hereafter be provided by law

• The Administration shall be headed by an Administrator who shall be immediately assisted
by a Deputy Administrator. The Administrator and Deputy Administrator shall be appointed
by the President upon the recommendation of the Secretary.
✓ The appointees to the positions of Administrator and Deputy Administrator must be
holders of a doctoral/ masteral degree in public administration and/or lawyers with at
least one year of supervisory experience in probation work.
• The Administration shall have a Technical Service under the Office of the Administrator which
shall serve as the service arm of the Board of Pardons and Parole in the supervision of
parolees and pardonees. The Board and the Administration shall jointly determine the staff
complement of the Technical Service.
• The Administration shall likewise continue to operate and maintain a Regional Office in each of
the administrative regions including the National Capital Region and also a probation and
parole office in every province and city of the country.
▪ Assistant Probation Administration – appointed by President

1. at least 35 years’ old
2. holder of a master degree in either Criminology, Social work correction, penology,
psychology, sociology, PA, Laws, political science, police administration or relation field.
3. 5 years’ supervisory experience
4. member of BAR with 7 years supervisory
▪ Regional Probation Office – appointed by the President upon recommendation Secretary of

DOJ Assistant Regional Probation Office
▪ Provincial or City Probation and Parole Officer – at least one in each province or City
appointed by secretary of DOJ, upon recommendation of Probation Administration.
✓ Requirements for Regional Probation Office, Assistant RPO, Provincial or City:

1. A bachelor degree major in social work, sociology, psychology, criminology,
penology, correction, police science, police administration or related field with 3
years’ supervisory experience
2. member of the BAR with 3 years’ supervisory experience
PROBATION AIDES (RA 10707)
• QUALIFICATIONS- Filipino citizen of good repute, at least 21 years old, resident of good
standing in province or city where probationer to be supervised reside and should come in the
same area.
• Probation Aides shall not receive any regular compensation for services except for reasonable
transportation and meal allowances.
• They shall hold office for a two- year term which may be renewed or recalled anytime for a just
cause. Their qualifications and maximum caseloads shall be provided in the rules promulgated
pursuant to this Decree.

DUTIES OF VPA
1. Assist the Probation Officer in supervision of probationer
2. Prepare and submit reports and record of his work as may be required by probation offices
3. Assist the probation officer in mobilization of community support for probation program
WHO APPOINTS THE VOLUNTEER PROBATION AIDES?

• The probation aides shall be appointed by the administrator of the probation and parole
administration or through authority delegated to the Regional Directors upon recommendation
of the CPPO’s.
MAY THE APPOINTING AUTHORITY TERMINATE THE SERVICES OF A PROBATION AIDE AT

ANY TIME?
• Yes, for unsatisfactory performance for at least two consecutive semesters and or for other
lawful causes.
AFTER THE SERVICES OF THE PROBATION WERE TERMINATED, MAY HE BE REINSTATED?

• Yes, as determined by his display of good behavior.
WHAT FACTORS DETERMINE ASSIGNMENT OF SUPERVISION CASELOAD?

• Qualifications of the probation aide; length of service; work accomplishment and other related
criteria.
WHAT IS THE NUMBER OF CASELOAD TO BE ASSIGNED TO A PROBATION AIDE AT ANY

GIVEN TIME?
• The maximum supervision caseload of a probation aide at any given time shall be five clients
and thereafter ten clients upon re-appointment.
WHAT ARE THE ADVANTAGES OF PROBATION?

• The government spends much less when an offender is released on probation than if he were
placed behind bars.
• The offender is able to continue working and can therefore pay damages to the victim.
HOW CAN PROBATION HELP IN THE PREVENTION AND CONTROL OF CRIME?

• By giving support and cooperation to the probation administration such as:
a. The community accepting the probationers, giving them a feeling of belonging.
b. Community agencies and schools being open for the training and treatment probationers;
c. Community leaders and laymen allowing the participation of probationers in developmental
program;
d. The religious organizations giving the probationers spiritual advice and extending their
social action program t probationers.
e. Various organizations providing temporary housing for probationers;
f. The community playing an equally important role after the termination, it should be ready
for reintegration of the individual into community life.

ACT NO. 4103, AS AMENDED: INDETERMINATE SENTENCE LAW (ISL)
• An act that provides for an indeterminate sentence and parole for all persons convicted of
certain crimes by the courts of the Philippine Islands; to create a board of indeterminate
sentence and to provide funds thereof, and for other purposes.
• Purpose: to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness. (People vs Ducosin, 59
Phil. 109: People vs. Onante, 78 SCRA 43)
Note: Administrative Code of 1987 provides that the provisions of Act No. 4103 as amended
shall continue to apply except as otherwise amended modified or repealed by Administrative
Code. (Title III, Chapter 6, Section 22).
DISTINCTION BETWEEN INDETERMINATE AND DETERMINATE SENTENCE

• An Indeterminate Sentence is when the sentence provides for a minimum period and a
maximum period, while Determinate Sentence has only one period in the sentence of the
court.
• Usually the gap in the periods in the sentence of the court is wide enough to permit the Board
of Pardons and Parole to study and act the parole petition of any prisoner who is qualified for
parole.
ISL COVERS CRIMES PUNISHABLE UNDER THE SPECIAL PENAL LAW

• Maximum Term – the maximum term of which shall not exceed the maximum fixed by said
special penal law
• Minimum Term – the minimum shall not be less than the minimum term prescribed by the
special penal law
Example: Penalty is one to five years. Indeterminate sentence may be one year to three years
or three years to five years.
RULES TO DETERMINE THE INDETERMINATE SENTENCE UNDER THE RPC

• Minimum – one-degree next lower to the penalty imposed. This is determined without
considering the attending circumstances to the penalty prescribed. The term of the minimum is
left to the discretion of the court.
• Maximum – the penalty imposed as provided by law. The period will depend upon attending
circumstances.
Example: Homicide in which one mitigating circumstance (voluntary surrender) attended its
commission.
FOR PENALTY OF RECLUSION TEMPORAL

➢ Maximum – the penalty prescribed by the law that is reclusion temporal. The period of the
penalty will not depend upon the attending circumstance. Since there is one mitigating
(voluntary surrender) and no aggravating circumstances it will be in the minimum or reclusion
temporal minimum period.

➢ Minimum – one-degree next lower to reclusion temporal is determining without considering
without considering the mitigating circumstance and that will be prison mayor. The range of
prison mayor will depend upon the discretion of the court.
The indeterminate penalty is therefore a minimum of prison mayor (6 years 0 months and one day to
12 years 0 month 0 day) within, the range fixed by the court to a maximum of reclusion temporal
minimum period (12-0-1 to 14-0-0)
Example: IS: 6-0-1 to 12-0-1 or 12-0-0 to 14-0-0 or 10-0-0 to 14-0-0
Note: the ISL cannot be applied if it will result in the lengthening of the sentence of the
accused. (People vs Nang Kay, 88 Phil. 515)
THE PROBATION ADMINISTRATION AND ITS LINKAGES WITH THE PILLARS OF CRIMINAL
JUSTICE SYSTEM
Probation and the Police

• The fundamental purpose of the police in a democratic society is to preserve peace in a
manner consistent with the freedom secured by the fundamental law of the state. However, the
police alone do not bear the responsibility for preserving a peaceful community; it is shared by
each element of the society, person, institution and instrumentality of government. The scope
of this responsibility of the police is the prevention of crime and provision for service and other
community services.
• With prior arrangement between the probation officer and the police, the latter may conduct
surveillance of probationer within his jurisdiction and monitor their activities to the probation
authorities.
• Likewise, in the conduct of post sentence investigation, the probation officer will have to deal
with the police to secure first-hand information about the offender, the nature of the offense,
records and other circumstances to ascertain the criminal history of the offender.
• Another area of activity wherein both the police and probation have a common interest is in
crime prevention. As earlier stated, the responsibility of preventing crime and safeguarding the
peace of the community is shared by all elements of society for any government program
intended to control or prevent crime is unlikely to succeed if police do it alone.
Probation and the Prosecution

• Of importance to the probation officer are such information pertaining to the type of offense
committed, the circumstances surrounding its commission, and the character and behavior of
the offender the prosecutor dealt with. Again, close coordination between the prosecution and
the probation officer is necessary in this regard to facilitate the monitoring of information
needed by the latter whenever such circumstances arise.

Probation and the Court
• Unlike the police and the prosecution, the linkage between the court and the probation is
expressly provided in the law. Under the Probation Act of 1976, the probation office plays a
supportive role to the court. It assists the court in determining who should be granted
probation, as well as in the modification of the conditions thereof and in the
revocation/termination of probation. Once the court has granted probation to an offender and
has established the conditions for community protection, restitution or reparation of damages,
his reformation, etc., the probation officer then works with the probationer to see to it that the
conditions imposed by the court are observed, and help him to lead a law-abiding and decent
life. In the event that any of the conditions imposed by the court is violated of the probationer
commits another offense, probation officer submits thereon a report to initiate a court
proceeding for the modification of the conditions or revocation of probation. In all of these
probation proceeding, the court relies heavily upon the probation officer and places great faith
to him. The probation officer, in turn, should never violate such confidence.
Probation and other Sub-system of Correction

• With regard to correction, the recommendation was for the unification of all programs of the
subsystem of corrections, namely: the correctional institutions, parole and probation.
• The unification of all correctional program under the responsibility of a single agency will permit
the coordination of essentially interdependent programs, more effective utilization of scarce
human resources and development of a more effective and professional operated programs.
Probation and the Community

• No truly effective implementation of the Probation Administration’s goal of re-integrating the
probationers into the society will succeed without the support of the community.
• It is only such community support, especially from elements of the established power structure,
that community-based corrections have a chance for success. Such support is in the form of
variety of services such as volunteer aide service, manpower development, education,
employment, recreation, and the service including drug abuse treatment and prevention
programs.
• A more efficient and responsive delivery of these services would help tremendously in
reducing the alienation of the probationers from the community. It would also increase their
confidence towards the probation system in particular and toward the criminal justice system in
general.
PRINCIPLES TO BE OBSERVED BY THE PROBATION OFFICER

The Probation Officer should be guided by the following behavioral principles in dealing with the
probationers:
1. ACCEPTANCE: Accepts and tries to perceive and deal with the probationer as he is, including
his strengths and weaknesses, congenial and uncongenial qualities, positive and negative

feelings, constructive and destructive attitude and behavior. Believes that probationer has the
innate capacity to solve his problem if given the proper understanding and condition.
2. INDIVIDUALIZATION: Recognizes and understands each probationer’s unique qualities and

the differential use of methods in assisting him towards better adjustments. It is based upon
the right of the client to be treated not just as any human being with his own unique personal
differences.
3. COMMUNICATION: Takes a clear interpretation of his role in the helping process and what his
probationer should do in order to help himself. In other words, each must understand the role
of the other.
4. SELF-AWARENESS: Knows his own emotional conflicts and unresolved problems. Self-
knowledge leads to greater objectivity and fairness in dealing with the probationer. The
probation officer will not place his own needs above those of the probationer nor exploit a
situation in his own purpose. He will concentrate on the solution of the probationer’s problem
and not attempt to solve his own problems at the expense of the probationer through the
relationship.
5. CONTROLLED EMOTIONAL INVOLVEMENT: Knows the boundaries of his professional role

in dealing with his probationer. Objectivity in dealing with the reality of the probationer’s
problem must be observed to be effective in helping process. Empathy not sympathy is the key
word.
6. PARTICIPATION: This is based on a democratic principles and Christian doctrine. He must

see the individual probationer as the chief actor in his own life; creator as well as creature,
actuated by inner purpose, biological and psychological, able to become and to use a
relationship to become, to make and to act on the choices or decisions throughout his life.
CHAPTER 4. EXECUTIVE CLEMENCY
WHAT IS EXECUTIVE CLEMENCY?

• It refers to commutation of sentence, absolute pardon and conditional pardon, with or without
the parole conditions, as may be granted by the President of the Philippines upon the
recommendation of the Board of Pardon and Parole.
WHAT IS THE PLENARY POWER OF THE PRESIDENT TO GRANT EXECUTIVE CLEMENCY?

• Under Section 19, Article VII of the Constitution, except in cases of impeachment or as
otherwise provided therein, the President may grant reprieves, commutations and pardons,
and remit fines and forfeitures, after conviction by final judgment.
• Executive Clemency rests exclusively within the sound discretion of the President, and is
exercised with the objective of preventing a miscarriage of justice or correcting a manifest
injustice.

• These guidelines are meant solely for the guidance of the Board of Pardons and Parole
(hereafter the “Board”) in the performance of its duty to assist the President in exercising the
power of executive clemency pursuant to Executive Order No. 83 dated January 11, 1937.
These guidelines create no vested or enforceable rights in person applying for executive
clemency. (As amended by Board Resolution No 24-4-10 dated April 13, 2010).
WHO ARE NOT ELIGIBLE FOR EXECUTIVE CLEMENCY?

1. The prisoner is eligible for parole;
2. The prisoner had been sentenced to another prison term within (1) year from the date of his
last commitment to the jail or prison from where he escaped;
3. The prisoner had violated any conditions of his discharge on parole or conditional pardon;
4. The prisoner is suffering from a mental illness or disorder as certified by a government
psychiatrist.
WHEN MAY CASES FOR EXECUTIVE CLEMENCY BE CONSIDERED?

• The Board may consider cases for executive clemency upon petition or referral by the Office of
the President, or moto proprio.
WHAT ARE THE EXTRAORDINARY CIRCUMSTANCES TO BE GRANTED OF EXECUTIVE

CLEMENCY?
• The Board shall recommend to the President the grant of executive clemency when any of the
following extraordinary circumstances are present:
a. The trial court or appellate court in its decision recommended the grant of executive
clemency for the inmate;
b. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared
to the crime committed;
c. Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;
d. Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time
of the commission of the offense;
e. Inmates who are seventy (70) years old and above whose continued imprisonment is
inimical to their health as recommended by a physician of the Bureau of Corrections
Hospital and certified under oath by a physician designated by the Department of Health;
f. Inmates who suffer from serious, contagious or life-threatening illness/disease, or with
severe physical disability such as those who are totally blind, paralyzed, bedridden, etc., as
recommended by a physician of the Bureau of Corrections Hospital and certified under oath
by a physician designated by the Department of Health;
g. Alien inmates where diplomatic considerations and amity among nations necessitate
review; and
h. Such other similar or analogous circumstances whenever the interest of justice will be
served thereby. (as amended by Board Resolution No. 24-4-10 dated April 13, 2010)

OTHER CIRCUMSTANCES
• When none of the extraordinary circumstances enumerated in Section 3 exist, the Board may
nonetheless review and/or recommend to the President the grant of executive clemency to an
inmate provided the inmate meets the following minimum requirements of imprisonment:
For Commutation of Sentence, the inmate should have served:

1. At least one-third (1/3) of the definite or aggregate prison terms;
2. At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
3. At least ten (10) years for inmates sentenced to (1) reclusion perpetua or one (1) life
imprisonment for crimes/offenses not punished under RA 7659 and other special laws;
4. At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms
were adjusted to a definite prison term of forty (40) years in accordance with the provisions
of Article 70 of the Revised Penal Code, as amended;
5. At least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in
RA 7659 or other special laws, committed on or after January 1, 1994 and sentenced to
one (1) reclusion perpetua or one (1) life imprisonment;
6. At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or
life imprisonment for violation of RA 6425, as amended, otherwise known as “The
Dangerous Drugs Act of 1972” or Republic Act No. 9165, also known as “The
Comprehensive Drugs Act of 2002”; and for kidnapping for ransom or violation of the laws
on terrorism, plunder and transnational crimes;
7. At least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetura or
life imprisonment even if their sentences were adjusted to a definite prison term of forty (40)
years in accordance with the provisions of Article 70 of the Revised Penal Code, as
amended;
8. At least twenty-five (25) years for inmates originally sentenced to death penalty but which
was automatically reduced or commuted to reclusion perpetua or life imprisonment. (As
amended by Board Resolution No. 24-4-10 dated April 13, 2010)
For Conditional Pardon, an inmate should have served at least one-half (1/2) of the maximum of the
original indeterminate and/or definite prison term. (As amended by Board Resolution No. 24-4-10
dated April 13, 2010)
For Absolute Pardon, the prisoner should have served his maximum sentence or granted final
release and discharge or court termination of probation. However, the Board may consider a petition
for absolute pardon even before the grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the petitioner:
1. is seeking an appointive/elective public position or reinstatement in the government service
2. will take any government examination
3. is emigrating, provided the petitioner shall submit the approved immigrant application
Note: If a petition is filed by, or on behalf of, a prisoner, the form of said petition shall
substantially comply with the form prescribed by the Board and shall clearly show the
following:

a. The prisoner’s biographic data;
b. The details of convictions; and
c. The grounds upon which executive clemency is sought.
WHAT IS THE PROCEDURE FOR APPLICATION?
Referral to Government Agencies – the Board may, in its discretion, refer a petition for executive
clemency to a Probation and Parole Officer who shall submit within thirty (30) days from receipt of
referral a Report of the behavior, character, antecedents, mental and physical condition of the
petitioner, and the results of the National Bureau of Investigation records check.
• The Board shall refer matters pertaining to executive clemency for comment and
recommendation as follows:
a. To the commission on Elections, if it involves violations of election laws, rules and
regulations, as required by Sec 5 Art IX-C of the Constitution which provides that no
pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules and
regulations shall be granted by the President without the favorable recommendations of the
Commission on Elections;
b. To the Secretary of National Defense and the Secretary of the Interior and Local
Government, if a case for executive clemency involves crime against national security or
public order or the law of nations; and
c. To the Department of Foreign Affairs, if the prisoner is an alien.
Transmittal of Carpeta and Prison Record – the Director or Warden concerned shall forward the
prison record and carpeta or prisoners who may possibly qualify for evaluation/consideration by the
Board and such other records as may be requested by the Board.
Notice to the Offended Party – in all cases when an inmate is being considered for executive
clemency, the Board shall notify the offended party or in the event that the offended party is
unavailable for comment or otherwise cannot be located, the immediate relatives of the offended
party.
Said person shall be given thirty (30) days from notice to comment on whether or not executive
clemency may be granted to an inmate. Provided that, in matters of extreme urgency or when the
interest of the justice will be served thereby, such notice may be waived or dispensed with by the
Board.
In such a case, the Board shall explain the reason for the waiver of such notice in the Board
resolution recommending executive clemency (as amended by Board Resolution No. 24-4-10 dated
April 13, 2010).
NOTE:
Assessment tasks of the Midterm Grading Lessons will be assigned and to be
outputs and major examinations will be through the said learning platform.

MODULE 3. FINAL GRADING LESSONS

1. Differentiate pardon and parole as forms of executive clemency;
2. Appreciate the importance of pardon and parole;
3. Discuss the procedures in the implementation of parole system in the Philippines;
4. Trace the personalities involved in the development of early parole system;
5. Differentiate parole and probation; and
6. Discuss the other forms of community-based release or treatment of offenders.
CHAPTER 5. PARDON
WHAT IS PARDON?
• A form of executive clemency granted by the President of the Philippines as a privilege
extended to a convict as a discretionary act of grace.
• In the Philippines, the pardoning power is vested in the President by Art VII, Sec 10, par (b) of
the Philippine Constitution which states “the President shall have power to grant reprieves and
commutation for all offenses, except in cases of impeachment upon such conditions with such
restriction and limitation as he may deem proper to impose.”
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 Pardon dates back to
the pre-Christian era. In fact, the bible contains an allusion where a criminal was released and
pardoned by King at the Christian was crucified.
• In England, pardon developed out of conflict between the King and the Nobles who threatened
his powers. Pardon was applied to the members of the royal family who committed crimes, and
occasionally to those convicted of offense against the royal power. It was the general view that
pardoning power was exclusive prerogative of the King.
WHAT ARE THE TWO KINDS OF PARDON?
a. ABSOLUTE PARDON
• refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition whatsoever and restores to the individual his civil rights and remits
the penalty imposed for the particular offense of which he was convicted

• granted in order to restore full political and civil rights to convicted persons who have
already served their sentence and have reached the prescribed period for the grant of
Absolute Pardon
• Purposes of Absolute Pardon:
o To do away with the miscarriage of justice.
o To keep punishment abreast with the current philosophy concept or practice of
criminal justice administration.
o To restore full political and civil rights of person who have already served their
sentence and have waited the prescribed period.
• Who will investigate the conduct and activities of Petitioner for Absolute Pardon?
o Upon receipt of petition for the grant of absolute pardon, the Board shall refer the
petition of absolute pardon to a probation officer and the same will investigate the
conduct, activities as well as the social and economic conditions of the petitioner
prior to his conviction and since his release from prison.
b. CONDITIONAL PARDON
• refers to the exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had committed resulting in the partial
extinction of his criminal liability
• applicable to inmates who were slapped a fixed or determinate sentence or a life
imprisonment who are not eligible for parole
SPECIAL FORMS OF PARDON:
A. AMNESTY
• is a general or blanket pardon extended to group of persons usually to political offenders by
executive clemency with the concurrence of the congress
• is a general pardon extended and granted to groups of law violators usually those who
committed political crimes with the concurrence of the law-making body
• This is for the crimes of rebellion, sedition, illegal association, and other political crimes.
B. 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
• generally, it is applied to death sentences already affirmed by the Supreme Court
B. COMMUTATION OF SENTENCE
• refers to the reduction of the duration of imprisonment
• it is another prerogative of the President
• a heavier or longer sentence is reduced to a lighter or shorter term
• also benefits inmates sentenced to a fixed or determinate sentence

WHAT ARE THE PURPOSES OF COMMUTATION?
✓ To break the rigidity of law.
✓ To extend parole in cases where the parole law does not apply.
✓ To save life of person sentenced to death.
CHAPTER 6. PAROLE
WHAT IS PAROLE?
• The process of suspending the sentence of a convict after having served minimum of his
sentence without granting him pardon, and prescribing the terms upon which the sentence
shall be suspended.
• It is a procedure by which prisoners are selected for released and a service by which they are
provided with the necessary controls, assistance and guidance as they serve the remainder of
their sentence in the free community.
• It is a form of conditional released that is granted after a prisoner has served a portion of his
sentence in a correctional institution.
• It is decision by an authority constituted accordingly by statute to determine the portion of the
sentence, which the inmates can complete outside of the institution. It is the status of serving
the remainder of the sentence of a convict in the community in accordance with the rules and
regulations set-up by the Board and Parole.
Note: Parole is not a reward per se for good behavior but rather it is a follow-up of his
institutional program. It is not claimed as a matter of right but a privilege to be granted by the
board to a qualified prisoner.
ORIGINS OF PAROLE
• Parole comes from the French word “parol”, referring to "word" as in giving one's word of
honor or promise.
• It has come to mean an inmate's promise to conduct him or herself in a law-abiding manner
and according to certain rules in exchange for release.
• In penal philosophy, parole is part of the general 19th-century trend in criminology from
punishment to reformation.
• Prior to the mid-nineteenth century most offenders were sentenced to flat or determinate
sentences in prison.
• Under this type of sentencing, an offender received a specific amount of time to serve in prison
for a specific crime.
• This created a major problem when prisons became crowded.
• Governors were forced to issue mass pardons or prison wardens had to randomly release
offenders to make room for entering prisoners.

WHAT ARE THE ADVANTAGES OF PAROLE?
1. Parole provides a transitional period between the regimentation of institution life and the
freedom of normal life in the community. During this time a parole officer guides and
supervised the conditionally released offender and thus not only provides with the assistance
in his efforts to become a law abiding members of society but also helps to protect the
community from the criminal inclinations which the released offender may still have.
Furthermore, if the parole violates the conditions of his parole, he may be immediately returned
to the correctional institution without receiving a trial, but in cases where the parolee has
committed a new crime, but he must stand trial for it.
2. Parole permits an administrative agency to decide when an offender should release. The
theory of parole is based upon the assumption that such agency which has an opportunity to
study the offender during his institutionalization, is in better position than sentencing judge to
decide the exact time of released in each case. It is true that many offenders are ultimately
discharge at the termination of their sentence regardless of the action of the parole agency, but
even in these cases it would be better to have a period of conditional release, during which the
individual’s activity could be restricted by supervisory methods, than to have no transitional
whatsoever after release.
3. Parole reduces the periods of institutionalization. Since many correctional institutions still have
to rehabilitate offenders and may actually provide opportunities for further training in crime,
parole may be great advantages in many cases. Besides, there is the tendency for even best
institutions, with their rules, regulation, and routine, to deprive inmates of their initiative and
self-confidence, qualities they must have if they are to adjust successfully in the outside world.
The longer the offender remains in an institution, the greater this tendency becomes. Parole
can prevent the loss of such qualities or can to restore them in cases where they have been
lost.
4. Parole makes it possible to release an offender at the time when he is mentally and
emotionally ready to return to the community. Prison authorities and guard recognized that
there is always such time in every inmate’s life and that if he is not released when it arrives,
the possibility of his committing another crime after release may be increased.
5. The parole officer can overt an influence for the prevention of delinquency and crime. Since he
must become intimately acquainted with the parolee’s family and neighbourhood, he is in the
position to detect and reduce the causes of these problems.
6. Parolees have the opportunity to support themselves and their dependents, thus receiving the
state of this responsibility, and to make restitution to the victims of their crimes.
7. It cost less to keep an offender on parole than to maintain him on a correctional institution.
While economy should not be a primary consideration in granting parole it certainly cannot be
disregarded when all other circumstances indicate that he should be so handled.

WHO ARE THOSE PERSONALITIES CREDITED FOR DEVELOPING EARLY PAROLE
SYSTEMS?
• Englishman, Captain Alexander Maconochie
• Irishman, Sir Walter Crofton
• Zebulon Brockway
Captain Alexander Maconochie

• In 1840, Maconochie was appointed as the governor of the notorious English penal colony at
Norfolk Island off the coast of Australia.
• At the time, English criminals were being transported to Australia and those sent to Norfolk
Island were considered "twice condemned"; they had been shipped to Australia from England
and from Australia to the island.
• Conditions were so bad that, allegedly, men who received reprieves from the death penalty
wept.
• The first thing Maconochie did was to eliminate the flat sentence structure used in Norfolk at
the time of his arrival.
• Instead of requiring convicts to serve their sentences with no hope of release until the full
sentence had been served, Maconochie initiated a "mark system" whereby a convict could
earn freedom by hard work and good behavior in the prison.
• The earned marks could be used to purchase either goods or a reduction in sentence.
• Prisoners had to pass through a series of stages beginning with strict imprisonment through
conditional release to final freedom. Movement through the stages was dependent upon the
number of marks accredited.
Sir Walter Crofton

• Like Maconochie, Sir Walter Crofton believed that length of the sentence should not be an
arbitrary period of time but should be related to the rehabilitation of the offender.
• After becoming the administrator of the Irish Prison System in 1854, Crofton initiated a system
incorporating three classes of penal servitude:
✓ Strict imprisonment
✓ Indeterminate sentences
✓ Tickets-of-leave
• This indeterminate system or Irish system, as it came to be known, permitted convicts to earn
marks to move from solitary confinement to a return to the community on a conditional pardon
or ticket-of-leave.
Zebulon Brockway
• Zebulon Brockway, a Michigan penologist, is usually credited with initiating indeterminate
sentences and parole release in the United States.
• Similar to Maconochie and Crofton, Brockway believed that inmates should be able to earn
their way out of prison through good behavior.
• Thus, they should receive a sentence that could vary in length depending upon their behavior
in prison.

WHAT AGENCY ADMINISTERS PAROLE IN THE PHILIPPINES?
• Parole in the Philippines is administered by the Board of Pardons and Parole (BPP)
WHO MAY BE GRANTED PAROLE?

• A prisoner may be granted parole after serving the minimum period of his indeterminate prison
sentence.
WHAT ARE THE ESSENTIAL ELEMENTS OF PAROLE?

• That the offender is convicted
• That he served part of his sentence in prison
• That he is release before the full expiration of his sentence
• That the said release is conditional, depending on his good behaviour
• That he remains on parole until expiration of his maximum sentence
WHO CANNOT BE GRANTED PAROLE?

• Generally, those sentenced to a term of imprisonment of one year or less, or to a prison
sentence without a minimum term of imprisonment.
WHO MAY GRANT PAROLE TO A PRISONER?

• The Board of Pardons and Parole, an agency under the office of the Secretary of Justice.
WHEN MAY A PRISONER BE GRANTED PAROLE?

• Whenever the Board of Pardons and Parole finds that there is a reasonable probability that if
released, the prisoner will be law abiding citizen and that his released will not be incompatible
with the interest and welfare of society.
ELIGIBILITY FOR REVIEW OF A PAROLE CASES

• An inmate’s case may be eligible by the Board provided:
a. Inmate is serving an indeterminate sentence the maximum period of which exceeds one(1)
year;
b. Inmate has served the maximum period of the indeterminate sentence;
c. Inmate’s conviction is final and executor;
d. Inmate has no pending criminal case; and
e. Inmate is serving sentence in the national penitentiary, unless the confinement of said
inmate in a municipal, city, district or provincial jail is justified;
A national inmate, is one who is sentenced to a maximum term of imprisonment of more than three
(3) years or to a fine of more than five thousand pesos; or regardless of the length of sentence
imposed by the court, to one sentence for violation of the customs law or other laws within the
jurisdiction of the Bureau of Customs or enforceable by it, or to one sentence to served two (2) or
more prisons sentences in the aggregate exceeding the period of three (3) years.
DISQUALIFICATION FOR PAROLE

The following prisoners shall not be granted parole:

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

VICTIM/WITNESS COMPROMISED
• If, based on the Pre-Parole Investigation Report conducted on the prisoner, there is a clear
and convincing evidence that his release on parole will endanger his own life and those of his
relatives or the life, safety and well-being of the victim, his relatives, his witnesses and the
community, the release of the prisoner shall be deferred until the danger ceases.
REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND PAROLE
Under the provisions of Act No. 4103, as amended, otherwise known as the “Indeterminate
Sentence Law”, which was approved on December 5, 1933, it is the function of the Board of
Pardons and Parole to uplift and redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal liberty by way of parole or through
executive clemency.
WHAT ARE THE FUNCTIONS OF THE BPP?

a. Looks into the physical, mental and moral records of prisoners who are eligible for parole or
any form of executive clemency and determines the proper time of release of such prisoners
on parole;
b. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with
parole conditions, by way of parole supervision; and
c. Recommends to the President of the Philippines the grant of any form of executive clemency
to prisoners other than those entitled to parole.
BOARD COMPOSITION UNDER EXECUTIVE ORDER NO. 292 (JULY 25, 1987)
• The Board shall be composed of the Secretary as Chairman and six (6) members consisting
of:

a. The Administrator of the Parole and Probation Administration as ex-officio member
b. a sociologist
c. a clergyman
d. an educator
e. a person with training and experience in correction work
f. a member of the Philippine Bar
Provided, that one of them is a woman. The members of the Board shall be appointed by the
President upon the recommendation of the Secretary and shall hold office for a term of six (6) years,
without prejudice to reappointment.
In case of vacancy by reason of death, incapacity, resignation or removal of any of the Board
members, the Secretary shall have the authority to designate a temporary member possessing the
qualifications of his predecessor and to serve out his unexpired term or until the President shall have
appointed a regular member to fill the vacancy.
PROCEEDINGS OF THE BOARD FOR EXECUTIVE CLEMENCY/ PAROLE
INTERVIEW OF PRISONERS
• Any Board member or government official authorized by the Board may interview prisoners
confined in prison or jail to determine whether or not they may be released on parole or
recommended for executive clemency.
• The Board or its authorized representatives shall interview an inmate who was sentenced to
Reclusion Perpetua or Life imprisonment, or whose sentence had been commuted from Death
to Reclusion Perpetua.
• Before an interview, the Board may require a prisoner convicted of a heinous crime as defined
under Republic Act No. 7659 and other special laws to undergo psychological/psychiatric
examination if the prisoner has a history of mental instability, or in any case, if the Board finds
a need for such examination in the light of the nature of the offense committed or manner of its
commission.
PUBLICATION OF THOSE ELIGIBLE FOR EXECUTIVE CLEMENCY/PAROLE

• The Board shall cause the publication in a newspaper of general circulation the names of
prisoners convicted of heinous crimes or those sentenced by final judgment to Reclusion
Perpetua or Life imprisonment, which may be considered for release on parole or for
recommendation for absolute or conditional pardon.
OBJECTIONS TO PETITIONS
• When an objection is filed, the Board may consider the same by requesting the person
objecting to attach thereto evidence in support thereof. In no case, however, shall an objection
disqualify from executive clemency/parole the prisoner against whom the objection is filed.

DOCUMENTS TO BE CONSIDERED
• The carpeta and prison record of the prisoner and other relevant documents, such as the
mittimus or commitment order, prosecutor’s information and trial/appellate court’s decision of
the case
In case the prisoner has one or more co-accused who had been convicted, the Board shall
consider at the same time the prison records and carpetas of said co-accused.
FACTORS TO BE CONSIDERED IN PETITION FOR CONDITIONAL PARDON, COMMUTATION

OF SENTENCE OR PAROLE
a. the age of the petitioner, the gravity of the offense and the manner in which it was committed,
and the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release;
c. proof showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously ill or suffering from a
physical disability;
e. attitude towards the offense and the degree of remorse; and
f. the risk to other persons, including the victim, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and friends.
SPECIAL FACTORS
• The Board may give special consideration to the recommendation for commutation of sentence
or conditional pardon whenever any of the following circumstances are present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate
court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose
a grave danger to the life of the prisoner or his co-inmates; and
h. such other similar or analogous circumstances whenever the interest of justice will be
served thereby.
BOARD ACTION
• A majority of the members of the Board, constituting a quorum, shall be necessary
a. to recommend the grant of executive clemency or to grant parole;
b. to modify any of the terms and conditions appearing in a Release Document,
c. to order the arrest and recommitment of a parolee/pardonee; and
d. to issue certificate of Final Release and Discharge to a parolee/pardonee.
• However, in order to grant parole, to modify any of the terms and condition appearing in a
release Document, to order the arrest and recommitment of a parolee, and to issue certificate,

of final release and discharge to a parolee, the decision or action must be supported at least
four (4) votes of the members of the board.
EXECUTIVE CLEMENCY/PAROLE OF AN ALIEN

• The Board may recommend the grant of executive clemency or grant parole to a prisoner who
is an alien.
• In such a case, the alien who is released on parole or pardon shall be referred to the Bureau of
Immigration for disposition, documentation and appropriate action.
WHAT ARE THE FACTORS TO BE CONSIDERED IN REVIEW OF PAROLE CASES?

The following factors may be considered by the board on its review of a parole case:
a. the degree of prisoner’s rehabilitation and his institutional behavior or conduct;
b. previous criminal record, if any, and the risk to other persons, including the victim and
witnesses and their family and friend, or the community in general, or the possibility of
retaliation by the victim, his family and friends;
c. the gravity of the offense and the manner in which it was committed, and prisoner’s attitude
towards the offense and his degree of remorse;
d. evidence that the prisoner will be legitimately employed upon release, or has a place where he
will reside; and
e. the age of the prisoner and the availability of after-care services for prisoner who is old,
seriously ill or suffering from a physical disability.
WHEN MAY PAROLE BE GRANTED?

The Board may grant a prisoner parole based on report regarding the prisoner’s work and conduct
and on the study and investigation by the Board itself and it finds the following circumstances are
present:
a. That the prisoner is fitted by his training for release;
b. That there is a probability that, if release, ha will live an remain at liberty without violating the
law; and
c. That his release will not incompatible with the welfare of society.
SUPERVISION OF PAROLEE:
Form of Release Document- A prisoner shall be release upon the grant of parole. Such grant of
parole shall be evidence by the Release Document, which shall be in the form prescribed by the
Board and shall contain the latest 1’’x1’’ photograph and right thumb print of the prisoner
Transmittal of Release Document- The Board shall send a copy of a Release Document to the
prisoner through the Director of Corrections or Warden of the jail where he is confined. On the date of
actual release of the prisoner, the Director or Warden concerned shall send a certification of said
release to the Probation and Parole Officer specified in the Release Document.
Parole Supervision- After release from confinement, the parole shall be placed under the
supervision of the Probation and Parole Officer specified in the Release Document.

Presentation to Probation and Parole Officer- Within the period prescribed in his Release
Document, the parolee shall present himself to the Probation and Parole Officer specified in the
release Document for the supervision
➢ If the parolee fails to report within forty-five (45) days from the date of his release from
confinement, the Probation and Parole Officer shall inform the Board of such failure for the
Board’s appropriate action.
Arrival Report- Within fifteen (15) working days from the date when the Parolee reported for
supervision, the Probation and Parole Officer concerned shall inform the Board, through the
Technical Service of the Parole and Probation Administration of such fact.
Mandatory Conditions of Supervision – it shall be mandatory for a parolee to comply with the
terms and conditions appearing in the release document.
Review and Modification of Conditions – the Board may, motoproprio or upon recommendation of
the Probation and Parole Officer, revise or modify the terms and conditions appearing in the release
document.
Transfer of Residence – a parolee 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 of the Board.
Outside Travel – Chief Probation and Parole Officer may authorize a parolee to travel outside his
area of operational jurisdiction for a period of not more than 30 days. A travel for more than 30 days
shall be approved by the Regional Director.
Travel Abroad and/or Work Abroad – any parolee under active supervision/surveillance who has no
pending criminal case in court may apply for overseas work or travel abroad. However, such
application for travel abroad shall be approved by the Parole and Probation Administrator and
confirmed by the Board.
Death of Parolee – if a parolee dies during parole supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of parolee’s death certificate to the Board recommending
the closing of the case. However, in the absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay chairman or any authorized officer or any
immediate relative where the parolee resided, shall suffice.
INFRACTION/ VIOLATION OF THE TERMS AND CONDITIONS OF THE RELEASE DOCUMENT
WHAT ARE THE REPORTS TO BE SUBMITTED?

➢ the probation and parole officer concerned shall submit the following reports to the Board:
a. A Progress Report refers to the report submitted by the Probation and Parole Officer on the
conduct of the parolee while under supervision.

b. An Infraction Report refers the report submitted by the Probation and Parole Officer to the
Board, through the Technical Service of the Parole and Probation Administration when parolee
has been subsequently convicted of another crime.
c. A Violation Report refers to the report submitted by the Probation and Parole Officer to the
Board through the Technical Service of the Parole and Probation Administration when parolee
commits any violation of the terms and conditions appearing in his Release Document or any
serious deviation or non-observance of the obligations set forth in the parole supervision
program.
Arrest of Parolee – Upon receipt of an Infraction Report, the Board may order the arrest or
recommitment of the parolee.
Effect of Recommitment of Parolee – the parolee 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.
Withdrawal of Release Document – the Board may withdraw the Release Document if it finds that
material information given by the parolee to the Board, either before or after release, was false, or
incomplete or that the parolee has willfully or maliciously concealed material information from the
Board.
TERMINATION OF PAROLE SUPERVISION
Summary Report – after the expiration of the maximum sentence of a parolee, the Probation and
Parole Officer concerned shall submit to the Board, through the Chief Probation and Parole Officer, a
summary report on his supervision of a parolee.
✓ The clearances from the police, court, and prosecutor’s office and barangay officials shall be
attached to the Summary Report.
Certificate of Final Release and Discharge – upon receipt of the Summary Report, the Board shall,
upon the recommendation of the Chief Probation and Parole Officer that the parolee has substantially
complied with all the conditions of his release document, issue to the parolee a certificate of Final
Release and Discharge.
Effect of Certificate of Final Release and Discharge – upon the issuance of a certificate of final
release and discharge, the parolee 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.
Transmittal of Certificate of Final Release and Discharge – the Board shall forward a certified true
copy of the certificate of Final Release and Discharge to
a. the parolee
b. the Court who imposed the sentence
c. the Probation and Parole Officer concerned
d. the Bureau of Corrections
e. the National Bureau of Investigation

f. the Philippine National Police
g. the Office of the President
SUMMARY OF DIFFERENCES:
Conditional Pardon Distinguished from Parole

✓ The only difference between conditional pardon and parole 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.
Differences between Parole and Probation

✓ Parole is different from probation in that the former is an administrative function of the
executive branch of the government, while the latter is a judicial function. In the Parole, the
offender serves part of his sentence in prison before he is released, while in probation, the
convicted offender does not need to go to prison at probation, the convicted offender does not
need to go to prison at all.
✓ In other words, parole is an extension of institutional treatment while probation is a substitute
for imprisonment. A Board grants parole, while a judge grants probation. Both releases are
conditional and subject to the supervision of a parole or probation officer.

CHAPTER 7. OTHER FORMS OF COMMUNITY-BASED RELEASE/
TREATMENT
A. RELEASE ON RECOGNIZANCE: the offender under custody can be released to a responsible

person in the community as provided under RA 6036
WHO MAY APPLY?

➢ Person charged with the violation of municipal ordinance
➢ Person charged with a light felony
➢ Person charged with a criminal offense, the prescribed penalty of which is not higher than 6
months (arresto mayor) or a fine of Php. 2,000 or both
WHEN TO APPLY?
➢ When the offender is committed to any BJMP jail
WHERE TO APPLY?
➢ The presiding judge of the court
B. RELEASE ON BAIL: Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any court as required
under the conditions provided by the law on bail
WHO MAY APPLY?

➢ A person in custody of law
WHEN TO APPLY?
➢ Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, MTC in cities
and Municipal Circuit Trial Court
➢ Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment
WHERE TO APPLY?
➢ The court where case is pending. In the absence or unavailability of the judge, another branch
of the same court within the province or city
➢ If the accused is arrested in the province, city or municipality other than where the case is
pending, any RTC of said place. In the absence or unavailability of the Judge, any Metropolitan
Trial Judge or Municipal Circuit Trial Judge therein.
➢ If not yet charged in court, any Court in the province, city or municipality where the person in
custody is held.

C. PREVENTIVE IMPRISONMENT
➢ BP 85 authorizes the release of a detained offender who has undergone preventive
imprisonment equivalent to the maximum imposable penalty for the offense charged
WHO MAY APPLY?

➢ Detention prisoner who is not a recidivist or who was previously convicted twice or more times
of any crime
➢ Detention prisoner who surrendered voluntarily when upon being summoned for the execution
of sentence
WHEN TO APPLY?
➢ When the accused has undergone PI for a period equal to or more than 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 or
the proceeding on appeal, if the same is under review.
➢ When the maximum penalty to which the accused may be sentenced is destierro, he shall be
released after 30 days of preventive imprisonment.
WHERE TO APPLY?
➢ The Presiding Judge of the Court
D. CASES OF YOUTHFUL OFFENDERS (UNDER PD 603 and RA 8369)

➢ The offender under custody can be released to a responsible person in the community as
provided under RA 6036.
➢ A youthful offender including one who is emancipated in accordance with law, at the time of
the commission of the offense shall be exempt from criminal liability and shall be committed to
the care of his or her father or mother or nearest relative or family friend in the discretion of the
court and subject to its supervision.
WHO MAY APPLY?

➢ A child 9 years of age or under at the time of the commission of the offense
➢ A child over 9 years and under 18 years of age at the time of the commission of the offense,
unless he acted with discernment.
WHEN TO APPLY?
➢ When the person is youthful offender at the time of the commission of the offense.
WHERE TO APPLY?
➢ The court that suspended the sentence upon recommendation by the DSWD or other agency
or agencies authorized by the Court
E. GOOD CONDUCT TIME ALLOWANCE

✓ This is the legal provision in the Revised Penal Code (Art 97) for the shortening of a prisoner’s
sentence for good behaviour in prison. It serves to shorten his sentence.

➢ Article 93 (RPC) Special Time Allowance for Loyalty – a deduction of one-fifth (1/5) of the
period of his sentence shall be granted to any prisoner who, having evaded the service of his
sentence under the circumstances mentioned in Art 58 of this code, gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in said article.
➢ Article 99 (RPC) Who Grants Time Allowances? – whenever lawfully justified, the Director
of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be
revoked.
➢ Act No. 2489 – otherwise known as the Industrial Good Time Law, provides that when a
prisoner has been classified as trusty or penal colonist, he is given an additional 5 days time
allowance for every month of service. A prisoner serving life sentence automatically reduced to
30 years of imprisonment upon attaining the classification of trusty or penal colonist.
The IRR for the new GCTA (RA 10592) has the following features:
1. It should be construed liberally in favour of a detained or convicted prisoner.
2. A Management, Screening and Evaluation Committee (MSEC) shall be created to determine
the procedures and standards of behaviour for the grant of GCTA and related grants for
submission as recommendation to authorities for approval.
3. The grant of GCTA and other grants (like STAL and TASTM) shall be PROSPECTIVE in
application.
4. Aside from GCTA, an inmate stands to be granted Special Time Allowance for Loyalty (STAL)
from 1/5 up to 2/5 from his preventive imprisonment or service of sentence; and Time
Allowance for Study, Teaching and Mentoring (TASTM) corresponding to 15 days for every
month of study or mentoring services.
5. Deductible GCTA is based accordingly:
✓ First 2 years: 20 days off for each month
✓ Third to fifth year: 23 days off for each month.
✓ Sixth to tenth year: 25 days off for each month
✓ Eleventh and successive year: 30 days off for each month
NOTE:
Assessment tasks of the Final Grading Lessons will be assigned and to be
outputs and major examinations will be through the said learning platforms.

EVALUATION OF THE COURSE
After finishing the modules, please answer the following questions.
1. What lesson or activity did I enjoy most? Why?
2. What is the most important lesson which I can apply in my daily life?
3. What are the new insights/discoveries that I learned?
4. What topic/s do I find least important?
5. What possible topics should have been included?

REFERENCES
• Janette B. Santos-Padua (2013), Parole Rules, Probation and Executive Clemency (Non-
Institutional-Based Correction)
• Rommel K. Manwong (2014). Corrections & Restorative Justice
• Mercedes A. Foronda (2007), Correctional Administration (Non-Institutional Corrections)
• Presidential Decree No. 968
• Republic Act No. 11171


Cacorr2 Im 1st Sem 2022-2023

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Cacorr2 Im 1st Sem 2022-2023

Uploaded by

Copyright:

Available Formats

SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

A Self-Regulated Learning Module

A Self-Regulated Learning Module 1

MODULE LESSON PAGE

Module 1 FIRST GRADING LESSONS 5

CHAPTER 1. INTRODUCTION TO NON-INSTITUTIONAL

Module 2 MIDTERM GRADING LESSONS 17

CHAPTER 3. PROBATION LAW OF 1976 (PD 968)

CHAPTER 4. EXECUTIVE CLEMENCY

A Self-Regulated Learning Module 2

CHAPTER 7. OTHER FORMS OF COMMUNITY-BASED

EVALUATION OF THE MODULE 53

A Self-Regulated Learning Module 3

A Self-Regulated Learning Module 4

At the end of this module, the student shall be able to:

CHAPTER 1. INTRODUCTION TO NON-INSTITUTIONAL CORRECTIONS

BACKGROUND OF NON-INSTITUTIONAL OR COMMUNITY-BASED CORRECTIONS

DIFFERENCE BETWEEN INSTITUTIONAL & NON-INSTITUTIONAL CORRECTIONS

Non-Institutional correction (Community-based Correction)

A Self-Regulated Learning Module 5

THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM

Defining the Scope of Community Corrections

RESTORATIVE OR COMMUNITY JUSTICE

Three Principles Forming the Foundation for Restorative Justice

Four Key Values of Restorative Programs

Public Shaming as Punishment

A Self-Regulated Learning Module 6

THE EFFECTIVENESS OF COMMUNITY-BASED CORRECTIONS

• Origins of the “Nothing Works” Argument

• Slaves, have nothing of value to offer as compensation, received unmitigated cruel

A Self-Regulated Learning Module 7

THEORIES OF CRIMINAL PUNISHMENT

Persons who contributed to the development and establishment of Probation:

A Self-Regulated Learning Module 8

A Self-Regulated Learning Module 9

Timeline of Laws on Probation

A Self-Regulated Learning Module 10

o Partial Suspension of Sentence

o Suspension of Sentence in Entirety

o Suspension of Sentence with some provisions for oversight – sentence would be

o Unclassified Suspension – suspension of sentence with the requirement that bond be

A Self-Regulated Learning Module 11

THE U.S. SUPREME COURT BARRED SUSPENSION OF THA KILLITS CASE:

HISTORY OF PROBATION IN THE PHILIPPINES

1. It constitutes an undue delegation of legislative powers. (“because Section 11 of said Act

A Self-Regulated Learning Module 12

Act No. 4221 was abolished November 16, 1937….

A Self-Regulated Learning Module 13

A Self-Regulated Learning Module 14

A Self-Regulated Learning Module 15

A Self-Regulated Learning Module 16

At the end of this module, the student shall be able to:

CHAPTER 3. PD 968: PROBATION LAW OF 1976

WHAT ARE THE TYPES OF PROBATION?

IS PROBATION NEW IN THE PHILIPPINES?

A Self-Regulated Learning Module 17

WHAT IS PRESIDENTIAL DEGREE 968?

WHEN DID THE PROBATION SYSTEM BECOME OPERATIONAL?

WHO CAN APPLY FOR PROBATION?

WHAT IS THE THREE-FOLD PURPOSES OF PROBATION?

WHEN TO FILE PETITION FOR PROBATION?

A Self-Regulated Learning Module 18

WHERE TO FILE PETITION FOR PROBATION?