CHAPTER I

INTRODUCTION TO COMMUNITY BASED

CORRECTION PROGRAM
CHAPTER CONTENTS
1. The Present Philippine Correctional Set-Up
2. Community-Based Correction Programs in the Philippines
3. Advantage of Community Based Correction Programs
4. The role of Community Corrections in the Criminal Justice System
5. Basic Principles Underlying the Philosophy of Community-Based Treatment Programs
6. Subject coverage
SPECIFIC OBJECTIVES
At the end of the chapter, students should be able to:
1. define correction and identify its role as component of criminal justice system.
2. illustrate and understand the present Philippine correctional set-up.
3. define community-based correction.
4. differentiate and compare institutional correction to community-based correction program.
5. identify the advantages of community-based correction program and explain its role in the criminal justice
system.
6. identify and justify the basic principles underlying the philosophy of community based-treatment programs.
7. enumerates and differentiates the forms of community-based correction program.
I. THE PRESENT PHILIPPINE CORRECTIONAL SET-UP

A. WHAT IS CORRECTION?
Correction is the branch of the administration of CJS charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders. It is also defined as the STUDY OF JAIL OR PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation and reformation of criminals.
Further, it is defined as a GENERIC TERM that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of
alleged offenders.

B. DUAL PURPOSE OF CORRECTIONS

1. To punish and
2. To rehabilitate the offender.

C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

Correction is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field of criminal justice
administration, it utilizes the body of knowledge and practices of the government and the society in general involving the
process of handling individuals who have been convicted of offenses for purposes of crime prevention and control.
Among the five pillars of the criminal justice system, corrections is the least heard, known or understood society
seems to have some reluctance to look at it although its role in the reformation and rehabilitation of offenders cannot be
overemphasized. Furthermore, jail administration and control in our country is distributed to at least, four agencies:
 1. The BUREAU OF CONNECTIONS (BUCOR), under the DOJ; which has supervision over the national
penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG; which has the
exclusive control over all city, municipal and district Jails nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their respective provincial and
sub-provincial Jails; and
4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes care of, among
others, youthful offenders entered in detention centers for juveniles, aside from thesce,
Other agencies under this pillar are the: (Community Based Correction)
1. The Parole and Probation Administration (PPA) under the Department of Justice (DOJ); and
2. The Board of Pardons and Parole also under the Department of Justice.

NOTA BENE: There are also LOCK-UP JAILS under the Philippine National Police (PNP); this fragmented
administration of jails often creates confusion since many are not aware of this set-up.

Generally, corrections, as a component of the system are responsible for:

1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and others.
2. The PROTECTION of law-abiding members of society by keeping convicted offenders from preying on society.
3. The REFORMATION and rehabilitation of offenders in preparation for their eventual reintegration to the
mainstream of society and helping them lead a normal life after release.
4. The DETERRENCE of crimes, experience in prison and the fear of isolation and denial of liberty will influence
inmates and potential offenders to lead a life not in conflict or afoul with the law.

D. DECONGESTION OF JAILS
There are several laws, decrees and circulars which we implement to decongest our jails. But before we discuss these,
allow me to show you how congested our jails are as far as the national capital region is concerned.

Jail congestion is not a recent phenomenon, nor is it confined in the Philippines alone. Jail congestion is
WORLDWIDE. Some industrialized countries like the United States, experience it, let me cite a few examples: Rikkers
Island in New York is actually an island prison facility. It is overcrowded. To cushion the effect of congestion, two floating
dormitories were constructed to confine offenders therein; in 1995 or four years ago. Director General Keith Hamburger
of the Queensland services commission of Australia reported that congestion is also a problem in his country.

In January of 1994, in Manila, Ronald W. Nikkel, president of prison fellowship international who had toured some of
the jails in the National Capital Region (NCR) and the New Biliid Prisons of the Bureau of corrections in Municipal City
observed and commented that in the 41 countries of the world he had traveled, most have a problem on congestion. He
added that this problem is PREVALENT IN THIRD WORLD COUNTRIES.

In our country, jail congestion, particularly in big cities and municipalities, has been a PERENNIAL PROBLEM ever
since. This problem, to borrow a parallelism, is a sleeping giant. Unfortunately, for jail administrators and personnel, the
giant has taken up and is stretching its enormous arms and legs. OPLAN DECONGESTION must be put in place to lay
this giant back to sleep.

OPLAN DECONGESTION was formalized through the execution of a memorandum of agreement on February
12, 1993. Among the public attorney’s office, the parole and probation administration, the Board of Pardons and
Parole which are all under the Department of Justice, and the Bureau of Jail Management and Penology which is under
the Department of the Interior and local government. The avowed PURPOSE of said agreement (MOA) was jail
decongestion through collective and cooperative efforts. Realizing that all helps available must be harnessed to effectively
combat overcrowding or congestion in jails, the said memorandum of agreement was EXPANDED on August 17, 1993
with the inclusion of the National Prosecution service or (NAPROS) as the fifth party thereto.
 True to its form, the MOA spreads up its intent through seminars. These offered opportunities to officials and personnel
of the tasked agencies to familiarize themselves with the mechanics of the agreement, as well as to offer avenue to discuss
various aspects of how jails are to be decongested.

E. LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

1. Presidential Decree No. 603, known as the child and young welfare code, suspends sentence of minor offenders whose
ages range from nine (9) years to under eighteen (18) years and place them in rehabilitation centers under the supervision
of the Department of Social Welfare and Development before they are released to the custody of their parents or to any
responsible person.

2. Batas Pambansa Bilang 85, authorizes the release of a detainee who has undergone preventive imprisonment
equivalent to the maximum imposable sentence for the offense he is charged with’
3. Article 96 of the Revised Penal Code, provides that in meritorious cases, the commutation of the prisoner’s sentence
through presidential action shall be upon the recommendation of the court which imposed the same; and ARTICLE 97,
which provides that a prisoner shall be entitled to a deduction from his prison term for good conduct; and

4. DOJ Memorandum Circular no. 6 which directs all wardens or anyone in-charge of local jails to effect the immediate
transfer of national prisoners to the Bureau of corrections.

5. Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4, 2002) -1st time minor offender
(probation) for use 2 possession only./deport

6. Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)

7. Republic Act No. 6036, known as the release on recognizance law, provides for the release of offenders charged with
an offense whose penalty is not more than six (6) months and/or a fine of Two Thousand pesos (2,000) or both, to the
custody of a responsible person in the community, instead of a bail bond;

8. Republic Act No. 6127, fully deducts the period of the offenders’ preventive detention from the sentence imposed by
the courts;

9. Republic Act No. 4103, as amended, creating the Board of Pardons and Parole tasked to look into the physical, mental
and moral record of prisoners to determine who shall be eligible for parole or conditional pardon.

10. Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976. Probation is, of course, a very
important legal instrument that contributes to the decongestion of Philippine jails.

F. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

The Philippine Correctional System has two approaches, and these are, the Community based and institution-based
systems.

1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison

The institution-based approaches have three levels and are manned by three different government agencies
responsible for the supervision and control of the numerous institutional facilities nationwide which provide safekeeping
and rehabilitation of inmates, namely:
1. The national prisons and penal farms under the Department of justice;
2. The provincial and sub-provincial jails under the provincial government; and
3. The city, Municipal and District Jails under the Department of Interior and Local Government.
The Bureau of corrections, headed by a non-uniformed director, under the department of Justice, supervises and
controls the national prisons and penal farms.
2. Non-Institutional Correction or Community-Based Approach- It refers to correctional activities that may take place
within the community or the method of correcting sentenced offenders without having to go to prison.
Not all convicted offenders have to serve their sentence behind bars. Some of them are allowed to stay in the
community, subject to the conditions imposed by the court.
They are either granted probation, parole, conditional pardon or recognizance. The parole and probation
Administration under the Department of Justice is the government agency that supervises the activities of the
probationer, parolee and pardonee and monitors his compliance with conditions imposed.

What is a community correction?

It is a sanction in which offenders serve some or all their sentence in the community. It is sometimes
referred to as non-institutional corrections. The subfield of corrections in which offenders are supervised and
provided services outside jail or prison.

DISTINCTION BETWEEN INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTION

Institutional Non-Institutional

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.
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.

II. COMMUNITY-BASED CORRECTION PROGRAMS IN THE PHILIPPINES

The Community-Based Treatment Programs are those programs that are intended to treat criminal offenders within the
free community as alternatives to confinement. It includes all correctional activities directly addressed to the offender and
aimed at helping him to become a law-abiding citizen.
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 counseling, instruction in basic living skills, how to apply for jobs,
and work training and placement.

III. ADVANTAGES OF COMMUNITY-BASED CORRECTION

1. Family members need not be victims also for the imprisonment of a member because the convict can still continue
to support his family.
2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who will
only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made and be more effective.
4. It is less costly on the part of the government. Cost of incarcerations will be eliminated which is extremely beneficial
on the part of the government.

IV. THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM

Community sentence seeks to repair the harm the offender has caused the victim or the Community, provide for public
safety and rehabilitate and promote effective reintegration.
 A community correction has traditionally emphasized REHABILITATION as its goal. The staff of community
correctional programs has two potentially competing roles that reflect different goals:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.

V. BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED TREATMENT

PROGRAMS
The following are the basic principles underlying the philosophy of community-based treatment programs:

1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to custodial coercion is to place
him in physical jeopardy, thus drastically narrowing his access to sources of personal satisfaction and reducing his
self-esteem.
2. Restorative Aspect - There are measures expected to be achieved by the offender, such as an establishment of a
position in the community in which he does not violate the laws. These measures may be directed at changing and
controlling the offender. The failure of the offender to achieve these can result to recidivism.
3. Managerial Aspect - Managerial skills are special importance because of the sharp contrast between the per capital
cost of custody and any kind of community program. It is easier to manage those undergoing community-based
treatment programs than that of custodial control.

VI. SUBJECT COVERAGE

1. Probation - One of the most common forms of community correction is probation. Probation can be thought of as
a type of post-trial diversion from incarceration. A term coined by John Augustus, from the Latin verb “probare”-
to prove, to test.
It is a disposition under which a defendant after conviction of an offense, the penalty of which does not exceed
6 years of imprisonment, is released subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.
Furthermore, it is defined as a sentence in which the offender, rather than being incarcerated, is retained in the
community under the supervision of a probation agency and required to abide by certain rules and conditions to
avoid incarceration.

2. Diversion – For juvenile offender or CICL

3. Restitution - In recent years it has become increasingly common for jurisdictions to include restitution orders as
part of probation.
Money paid or services provided to victims, their survivors, or to the community by a convicted offender to
make up for the injury inflicted.

4. Halfway houses - Community-based residential facilities that are less secure and restrictive than prison or jail but
provide a more controlled environment than other community correctional programs.

Goal of Halfway House: The goal of halfway houses is to provide offenders with a temporary period of highly
structured and supportive living so that they will be better prepared to function independently in the community
upon discharge.

What is home Confinement? It is a program that requires offenders to remain in their homes except for approved
periods of absence; commonly used in combination with electronic monitoring. Home confinement is also known
as home incarceration, home detention, and house arrest.

OTHER ASPECTS OF CORRECTIONS

1. Parole - It is the process of suspending the sentence of a convict after having serve the minimum of his sentence
without granting him pardon, and the prescribing term upon which the sentence shall be suspended.
 2. Executive Clemency
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and Commutation
of Sentence as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon
and Parole.
a. Pardon It is a form of executive clemency granted by the President of the Philippines as a privilege to a convict
as a discretionary act of grace. It is an act of grace is extended to prisoners as a matter of right, vested to the
Chief Executive (The President) as a matter of power. Neither the legislative nor the judiciary branch of the
government has the power to set conditions or establish procedures for the exercise of this Presidential
prerogative. The following are the two types of pardon:

1. Absolute Pardon-It 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.

Purpose:
a. To right a wrong
b. To normalize a tumultuous political situation.

Absolute Pardon is also granted by a President to an imprisoned president the incumbent has deposed.
Absolute Pardon is granted in order to restore full political and civil rights to convicted persons who have
already served their sentenced and have reached the prescribed period for the grant of Absolute Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within certain limits or conditions; from
the punishment that the law inflicts for the offense he has committed resulting in the partial extinction of
his criminal liability.

It is also granted by the President of the Philippines to release an inmate who has been reformed but is
not eligible to be released on parole.
b. Amnesty - A general pardon extended to a group of persons, such a political offender purposely to bring about the
return of dissidents to their home and to restore peace and order in the community.

c. Commutation of Sentence - An act of the president changing/ reducing a heavier sentence to a lighter one or a
longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term of years. It
does not forgive the offender but merely to reduce the penalty pronounce by the court.

d. Reprieve - A temporary stay of the execution of sentence especially the execution of the death sentence. Generally,
Reprieve is extended to prisoners sentenced to death.

The date of execution of sentenced is set back several days to enable the Chief to study the petition of the condemned
man for commutation of sentenced or pardon.

THE NATURE OF PROBATION

IN THE PHILIPPINES
I. INTRODUCTION
Most correctional authorities believed that probation is one of the most effective and economical tools which society
now has available for the care, treatment and rehabilitation of certain adult and juvenile offenders against the law.
Probation is a procedure wherein a sentence of offender is temporarily suspended and he is permitted to remain in
the community, subject to the control of the court and under the supervision and guidance of a probation officer. It
is a privilege granted by the court to a person convicted of a crime or criminal offense to remain with the community
instead of actually going to prison.
 Presidential Decree No. 968 otherwise known as the Probation Law of 1976 recognizes such trend. However, the Decree
separates adult probation from juvenile probation for it expressly excludes those entitled to the benefits under the provisions
of Presidential Decree No. 603, known as the Child and Youth Welfare Code, and similar laws.

Statements of the principles, goals and objectives of the Probation Law are found in its Preamble. The Preamble
indicates six essential goals, to wit:
1. An enlightened and humane correctional system;
2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs instead of in1prisonment;
5. It is limited only to offenders who are likely to respond to probation favorably; and
6. It is economical or less costly than confinement to prisons and other institutions with rehabilitation programs.

To provide a less costly alternative to the imprisonment of first-time offenders, then President Ferdinand E. Marcos
issued on July 24, 1976 Presidential Decree No. 968 known as the Probation Law of 1976. Under PD 968, the court may,
after it shall have convicted and sentenced an accused and upon application of said accused, suspend the execution of said
sentence and place the accused on probation for such period and upon such terms and conditions as it may deem best. First-
time offenders were given a second chance to maintain their place in society through a process of reformation, which is
better achieved when he is not mixed with hardened criminals within prison walls.

PROBATION DEFINE
The word probation is from the Latin word “probatio” which means testing. the word probation is also said to be
originated from the Latin verb “probare” which means to prove.
In criminal law it is a period of supervision over an offender, ordered by a court instead of serving time in prison.
An offender can be granted probation ONLY ONCE IN HIS LIFETIME.

TERMS TO PONDER

As used in Section 3 of PD 968 and Section 4 of Parole and probation administration omnibus rules on
probation methods and procedure. The following shall, unless the context otherwise requires, be construed thus:

1. Amicus Curiae – Means friend of the court

2. 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.
3. 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.
4. Defense Counsel/Counsel- lawyer of the petitioner
5. Petition- application for probation.
6. Petitioner - a convicted defendant who files an application for probation.
7. Probationer - means a person placed on probation.
8. Probation- is a disposition under which a defendant, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer.
9. Probation Investigation - The process of selection, diagnoses and planning with the client.
10. Probation Supervision- The continuous process of helping the client to follow through with the plans, reevaluation
and working with the client in the process of planning his life to meet dynamic situation.
11. Probation Officer - public officer like the Chief Probation and Parole Officer (CPPO), Supervising Probation and
Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole and Probation Officer II (PPOII), or
Parole and Probation Officer I (PPOI), who investigates for the Trial Court a referral for probation or supervises a
probationer or does both functions and performs other necessary and related duties and functions as directed.
12. Probation Office - refers either to the Provincial or City Probation Office directed to conduct investigation or
supervision referrals as the case may be;
13. Probation Order - order of the trial court granting probation
14. Prosecutor- lawyer of the victim.
 15. Trial Court - refers to the Regional Trial Court (RTC) of the Province or City/Municipal Court which has
jurisdiction over the case.
16. Volunteerism - is a strategy by which the parole and probation administration may be able to generate maximum
citizen participation or community involvement in the overall process of client rehabilitation.

CONCEPT AND PHILOSOPHY OF PROBATION

CONCEPT OF PROBATION
P.D 968 as amended, otherwise known as the probation law of 1976 defines probation. The court convicts and sentences
the defendant but the execution of the sentence, whether it imposes a fine only or a term of imprisonment is suspended and
the defendant is released on probation. Probation implies that during the period of time fixed by the court, the defendant is
provided with individualized community-based treatment including conditions he is required by the court to fulfill his
correction and rehabilitation which might be less probable if he were to serve a prison sentence, and for this purpose, he is
placed under the actual supervision and visitation of a probation officer.

If the defendant violates any of the conditions of his probation, the court may revoke his probation and order him to
serve the sentence originally imposed. On the other hand, if he fulfills with the terms and conditions of his probation, he
shall be discharge by the court after the period of probation, where upon the case against him shall be deemed terminated.
His final discharged shall operate to restore to him all civil rights lost or suspended as result of his conviction and to fully
discharge his liability for any fine imposed as to the offense for which probation was granted. However, he shall continue
to be obliged to satisfy liability resulting from the crime committed by him.

The basic legal conceptions of probation in the Decree are twofold: First, it as a conditional suspension of the
execution of sentence - It denotes that the court assumes a primary role because a grant of probation is judicially dispensed
and controlled. Second it is a personal care or treatment and supervision over the probationer - It indicates the
administrative aspect of probation through the supervision of a probation officer and from the point of view of social
workers, a social casework treatment.

PROBATION IS A COURT FUNCTION

In the Probation Law, the court assumes a dual role. First, when it acts in accordance with the jurisdiction it acquires
over the accused and proceeds to determine his guilt. Assuming an affirmative finding of the offender's guilt beyond
reasonable doubt, the court would convict and sentence said offender. Second, when the court determines whether or not to
grant probation upon application of the offender. Sections 3(a) and 4 of the Decree clearly shows this dichotomy.
The Decree defines probation in Section 3 as "a disposition under which the defendant, after conviction and sentence,
is released subject to the conditions imposed by the court and to the supervision of a probation officer. It is evident from
this provision that an offender will be released on probation only after conviction and sentence. Furthermore, Section 4
underlines the necessity of filing an application with the trial court before the suspension of the execution of the court's
judgment. The petition for probation may be filed by a petitioner directly with the trial court which exercises jurisdiction
over his case. If the court finds that the petition is in due form and that the petitioner is not disqualified from the grant of
probation it shall refer the same to the Provincial or City Probation Officer within its jurisdiction as the case may be. The
court shall order the Provincial or City Probation Office to conduct a post-sentence investigation of the petitioner. Only
upon the filing of an application for probation after conviction and sentence and a determination that the offender does not
fall under any of the disqualifications set forth in the Decree may the court suspend the execution of sentence.

The Post-Sentence Investigation is an indispensable requisite to a grant of probation. The Probation Law provides: "No
person shall be placed on probation except upon prior investigation by the probation officer and a determination by
the court that the ends of justice and the best interest of the public as well as that of the defendant will be served
thereby."

The scope of the investigation must be consistent with the purposes of probation. In general, it is a fact finding inquiry
into all information relative to the character, antecedents, environment, mental and physical condition of the offender, and
available institutional and community resources.
 Upon the termination of the Post-Sentence Investigation, 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
purpose of the report is to assist the court in determining whether or not the ends of justice and the best interest of the public
as well as that of the defendant will be served thereby.
The recommendation contained in the report is merely persuasive and is in no way binding upon the court. Considering
the foregoing and compliance therewith, the court will promulgate a probation order. Probation is a privilege and, as such,
its grant rests solely upon the discretion of the court. The grant of probation results in the release of the petitioner subject to
the terms and conditions imposed by the court, and to the supervision of the Probation Office.33 As to the conditions to be
imposed by the court, they are enumerated in Section 10 of the Presidential Decree No. 968.
The jurisdiction and control of the court which arises from an imposed sentence, remains with the court even after a
grant of probation. This is evident in Sections 32 and 40 of the Rules On Probation Methods and Procedures. Section 32
provides: "During the period of probation the court, motu proprio, or on motion of the probation officer or of the probationer,
may revise or modify the conditions or terms of the probation order." In case of violation of the terms and conditions
imposed by the court, Section 40 provides "if the violation is established, the court may revoke or continue his probation
and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed
and shall commit the probationer." This power of the court underlines the non-punitive and non-repressive aspect of
probation. Such constitutes a sufficient threat to the probationer to fulfill all terms and conditions imposed by the court.

PROBATION IS An ADMINISTRATIVE PROCESS

Once the court has granted probation to an offender and has duly imposed the terms and conditions of the probation,
the probation officer has the bounden duty to see to it that the probationer observes all terms and conditions imposed by the
court. Probation supervision is then a primarily an administrative process.
The primary purposes of probation supervision are:
(a) To carry out the conditions set forth in the probation order;
(b) To ascertain whether the probationer is following said conditions; and
(c) To bring about the rehabilitation of the probationer and his reintegration into the community.
To carry out these purposes the Probation Law upon its approval carried with it the establishment of a Probation
Administration an agency under the Department of Justice, which shall exercise general supervision over all probationers.
The Administration shall have regional offices organized in accordance with the field service area pattern established under
the Integrated Reorganization Plan. There shall be at least one probation officer in each province and city who shall be
appointed by the Secretary of Justice upon recommendation of the Administrator and in accordance with civil service law
and rules.
At this juncture, it is to be emphasized that in spite of the fact that the Probation Administration is an executive agency,
control of the courts over the probationer is not lost. The basis for such is the first paragraph of Section 13 of the Decree
which provides that "the probationer and his probation program shall be under the control of the court who placed him on
probation subject to actual supervision and visitation by a probation officer."

II. ELEMENTS AND CHARACTERISTICS OF PROBATION

A. ELEMENTS OF PROBATION

a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION

1. A post sentence investigation report which will serve as the informational for the court’s decision to grant or
deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Condition of probation imposed by the court to protect public safety and to faster the rehabilitation and
reformation of the probationer.
4. Supervision, guidance and assistance of the offender by a probation officer.

b. ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER PRESIDENTIAL DECREE NO. 968
The following are the essential elements of the probation system under Presidential Decree No. 968:
1. Probation is a single or one-time" affair.
2. Probation system is highly selective.
 3. Persons under probation retain their civil rights, like the right to vote, or practice one's profession, or exercise
parental or marital authority.

B. CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and community-based treatment programs instead of imprisoning them.
5. It is limited to offenders who are likely to respond favorably there to.
6. It is less costly than the confinement of all offenders in prisons.

III. OBJECTIVES AND PURPOSE OF PROBATION

A. OBJECTIVES OF PROBATION
The following are the fundamental objectives of a Probation Agency
1. Assist the court in matters pertaining to sentencing
2. Promote community protection by supervising and monitoring the activities of persons on probation
3. Promote the betterment of offenders by ensuring that they receive appropriate rehabilitation services

B. THE PURPOSE OF THE PROBATION LAW

The purpose of the Probation Law as stated in Section 2 thereof reiterates the above-mentioned characteristics and vests
in them the mandate of law. It provides that the purpose of the Decree is to:
1. Promote the correction and rehabilitation of an offender by providing him with individualized treatment;
2. provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve
a prison sentence; and
3. Prevent the commission of offenses.

IV. ADVANTAGES, BENEFITS AND SAVINGS OF PROBATION

A. ADVANTAGES OF PROBATION
The implementation of the Probation Law will confer benefits and advantages not only to society in general but more
soon the part of the offender and the government. Specifically, the following are the advantage of probation:
1. Probation prevents crime by offering freedom and aid only to those who are not likely to assault society again.
2. It protects the society by placing under close supervision non-dangerous offenders while undergoing treatment and
rehabilitation in the community.
3. It conforms the modern humanistic trends in Penology.
4. It prevents youthful of first-time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expends in maintaining jails.
6. It reduces recidivism and overcrowding of jails and prisons.
7. It reduces the burden of police forces and institution in feeding and guarding detainees.
8. It gives the first and light offenders a second chance in life.
9. It makes the offender productive or taxpayers instead of tax eaters.
10. It restores to successful probationers his civil rights which was previously lost or suspended as a result of conviction.
11. It has been proven effective in developing countries that have adopted it.
12. It is advocated by the United Nations in its various congresses in crime prevention and treatment of offenders

B. BENEFITS OF PROBATION
Probation has the following benefits:
1. It protects society
a. from the excessive cost of detention
b. from the high rate of recidivism of detained offender

2. It protects the victim

a. it provides restitution
 b. it preserves justice

3. It protects the family

a. it does not deprive the wife and children of husband and father
b. it maintains the unity of a home

4. It assists the government

a. it reduces the population of prisons and jail
b. it lessens the clogging of courts
c. it lightens the load of prosecutors

5. It helps the offender

a. it maintains his earning power
b. it provides rehabilitation in the community
c. it restores his dignity

6. It justifies the philosophy of men

a. that life is sacred
b. that all men deserve a second chance
c. that and individual can change
d. that society has the moral obligation to lift the fallen

The grant of probation does not erase, modify of otherwise affect the offender's CIVIL LIABILITY.
Probation is a substitute for imprisonment and other criminal penalties, not a mode of discharging the civil liability, which
is owed not to the State but to the offended party. The sentence, which is suspended from execution, means only the
imposition of the criminal penalties, not the civil liability. If it were otherwise, the offended party would have to file a
separate civil action thereby creating multiplicity of suits, contrary to public policy. In fact, civil indemnification might be
imposed as a condition for probation under Section 10 (k) of the Probation Law. Indeed, under Article 112 in relation to
Article 113, of the Revised Penal Code, except in case of extinction of his civil liability in accordance with the provisions
of the civil law, the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by
him, even if he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve
the same by reason of amnesty, pardon, commutation of service, or any other reason.

VI. PROBATION UNDER PD NO. 603 AS AMENDED BY REPUBLIC ACT NO. 9344
The Presidential Decree (PD) 603 is known as the Child and Youth Welfare Code. The Decree was signed by his
Excellency President Ferdinand Marcos on December 10, 1974 and took effect on June 10, 1975. It provides for the grant
of probation to youthful offender as an alternative to imprisonment. It is considered as the second probation law of the
Philippines which is intended only for minors.

Presidential Decree No. 603 applies to youthful offenders. It suspends the sentence of minor offenders whose ages range
from 9 years old but not more than 21 years old (now 18) the time of the commission of the offense and places them to
rehabilitation center. It states, "if after hearing the evidence in the proper proceedings, the court should find that the
youthful offender has committed the acts charged against him, the court shall determine the imposable penalty,
including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend further proceedings and shall commit such minor to the custody or care of the Department of Social Welfare,
or to any training institution operated by the government, or duly licensed agencies or any other responsible person, until
he shall have reached 21 years of age (now 18), or for a shorter period as the court may deem proper.

NOTA BENE: The age of minority is lowered from 21 to 18 years old.

RELATED PROVISIONS UNDER REPUBLIC ACT NO. 9344

Sec. 5 of Republic act No. 9344: Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall
have the following rights, including but not limited to:
xxx
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law; xxx

Sec. 42 of Republic act No. 9344: Probation as an Alternative to Imprisonment. - The court may, after it shall have
convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in
lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

Sec. 43 of Republic act No. 9344: Confidentiality of Records and Proceedings. - All records and proceedings involving
children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and
confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly
to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, EXCEPT to determine
if the child in conflict with the law may have his/her sentence suspended or if he/she may be granted probation under
the Probation Law, or to enforce the civil liability imposed in the criminal action.

The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-
disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law
and adopting a system of coding to conceal material information which will lead to the child's identity. Records of a child
in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult, except
when beneficial for the offender and upon his/her written consent.

A person who has been in conflict with the law as a child shall not be held under any provision of law, to be guilty of
perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made to him/her for any purpose.

Sec. 67 of Republic act No. 9344: Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court
Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the appropriate
diversion authority in consultation with the local social welfare and development officer or the Family Court in consultation
with the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the
appropriate disposition. In case the appropriate court executes the judgment of conviction, and unless the child in conflict
the law has already availed of probation under Presidential Decree No. 603 or other similar laws, the child may apply for
probation if qualified under the provisions of the Probation Law.

DISTINCTION BETWEEN PROBATION UNDER PRESIDENTIAL DECREE NO. 603 AND UNDER
PRESIDENTIAL DECREE NO. 968.
Presidential Decree No. 603 Presidential Decree No. 968

Under Presidential Decree No. 603 the youthful offender
is neither convicted nor sentenced although the court
finding him guilty determines the imposable penalty and
orders his commitment as a matter of course to any of
the trustees for his correction and rehabilitation, even
without his asking for it and without any prior
investigation.
Under Presidential Decree No. 968, the offender is convicted
and sentenced. Section 3 defines probation as a disposition
under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to
the supervision of a probation officer. The probationer is not
committed to any institution but is set free under the
constructive custody of the court which heard his application
for probation. Section 4 of the Probation Decree requires that
defendant should apply for probation.

I. HISTORICAL DEVELOPMENT OF PROBATION

A. HISTORICAL DEVELOPMENT OF PROBATION IN ENGLAND

 ✓ Early in the 19th century the English magistrates-initiated experiments to save young and inexperienced
offenders from stigma of prison. They made use of the latitude allowed then under the common law to bind
over defendants, who should be brought back for sentence if the conditions of release were violated.
The need for supervision and assistance to those so released was met by assigning the young offender to the care and
guardianship of his parents or his employer with an occasional check on his progress by the police.

WHO IS MATHEW DAVENPORT HILL?

Mathew Davenport Hill is considered the father of probation in England. He left an interesting account of his
experiments in the Birmingham court. He was in the forefront of reforming juvenile offenders. He finds persons who act as
guardians of the juvenile offender. Then at an unexpected period, 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:
1. The individual is not fully corrupt
2. There was reasonable hope of reformation
3. When there could be found persons to act

As guardian they are kind enough to take charge of the young convict. In the belief that there is 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.

B. HISTORICAL DEVELOPMENT OF PROBATION IN UNITED STATES

✓ The first state to enact a real probation law in United States is Massachusetts. The first practical demonstration
of probation, first use of the term as court service, and the enactment of the first probation law occurred in
Massachusetts.

Volunteer services evolved in Maryland. The prisoners Aid Association of Maryland, organized in 1869, employed
agents to visit the prison and assist released prisoners and gradually they began to investigate cases and assist offenders
before the Baltimore courts. An 1894 law provided that any court in the state might release on probation for “good conduct”
a person convicted of any offense not capital, if no previous conviction was proved against him, upon his entering into a
recognizance, with or without sureties, and during such period as the court may direct to appear and received judgment
when called upon, and in the meantime to keep the peace and be of good behavior.

Another state adopting a partial measure was Missouri with its “parole of convicted person’s law of 1897.”

The second state to enact a real probation law. The Vermont like Missouri and unlike Massachusetts provided for
probation only after suspension of the execution of sentence. The bills in both states were supported by the state correctional
agencies. Many features of the Massachusetts law were incorporated, with several innovations since followed elsewhere.
Vermont was the first to adopt a county plan.

The third state to enact a real probation law is Rhode Island. A complete state-administered probation system appeared
first in Rhode Island. 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 at least shall be a woman,” to serve all courts in the state. The Act
followed Massachusetts in permitting the use of probation before the imposition of sentence and even without conviction
but the limitation of probation to less serious offenses was an unfortunate departure from the laws of Massachusetts and
Vermont.

Success of probation became known in other English-speaking countries. Illinois and Minnesota in 1899 Plan for
children only. New Jersey and New York enacted probation law in 1900.

Finally, on March 4, 1925 the UNITED STATES FEDERAL PROBATION ACT was enacted.
WHO IS JOHN AUGUSTUS?

John Augustus is the father of probation in the USA. He is a Boston shoemaker, first to develop a sustained service
to promote temperance and to reclaim drunkards. Although later he begun to take men and woman charged with other
crimes, then eventually children. As indicated by the story of the first case, his method was to provide bail for a temporary
suspension or postponement of sentence, during which he sought to counsel and assist such persons find homes, securing
employment and adjusting family difficulties. At the end of the probation period, he brought back the offender to court, and
if no further complaint had been lodged against the offender, the judged imposed a nominal fine with costs. If the man was
too poor, Mr. Augustus advanced the amount, usually as loan.
John Augustus originated in rudimentary form, many of the techniques of probation officers and other social workers
today, including casework, foster home placement, and protective work for women and children.

This was brought about by the changing attitudes of the people towards law breaker and the removal of the inherited
attitudes from the PURITANS.

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. During the first year, he took only men charge with
drunkenness. Then men and women charge with other offense and then children/ number of cases increases each year

METHODS OF AUGUSTUS
1. Provide bail for temporary suspension of punishment of sentence
2. Then he sought counsel and assists his charges in finding homes, securing employment and adjusting family
difficulties.
3. 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
- August 1841- Rugged drunk man
- 3 weeks -The drunkard was brought back to court where the judge cannot recognize him. Imposes a fine of $
3.76.
- Augustus died on June 21, 1859. And out of 2000 person whom he extended his help, only 10 were ungrateful. And
out of 1100 cases, only one case was forfeited.
- Massachusetts became the 1st country to enact a probation law on April 21, 1878

WHO IS GOVERNOR ALEXANDER H. RICE?

✓ He provided appointment and prescribed duties for paid probation officers.

WHO IS PRESIDENT CALVIN COOLIDGE? The former governor of Massachusetts.

C. HISTORY OF PROBATION IN THE PHILIPPINES

A. The Adult Probation Law of 1935

✓ The Philippine Legislature enacted the first probation of the Philippines. The first legislation was Act No. 4221
enacted by the Philippine legislature on August 07, 1935 and which created a Probation Offices under the
Department of Justice led by a Chief Probation Officer appointed by the American Governor General with the
advice and consent of the United States. This Law provided probation for the first-time offenders, eighteen
years of age and over, convicted of a certain crime.

However, the law stayed in the statue Books for only Two years. The act subsequently declared unconstitutional by the
Supreme Court on Nov. 16, 1937 in People vs. Vera 37 O.G. 164.

The declaration of unconstitutionality of the Probation Act of 1935 created a gap in the criminal justice system in the
Philippines. The criminal justice system is the machinery which society uses in the prevention and control of crimes. Its
components are the police, the courts, the penal institutions, the probation and the parole systems the components are highly
dependent upon one another. The failure of one can destroy the effectiveness of all the others within the system.

In order to heighten the awareness of interdependency and cooperation among the components of the criminal justice
system, as well as to improve judicial process and to reduce the level of criminality, the National Police Commission created
an Inter-Disciplinary Committee in 1974 to prepare a National Crime Prevention Program. On July 24, 1976, a "National
Strategy to Reduce Crimes" was finalized and presented to the President of the Philippines. The Strategy proposed a two-
pronged attack to reduce crime in the country, namely: (1) to give emphasis on the prevention and control of high-fear and
economic crimes by implementing a number of priorities of actions; and (2) to improve the quality of the criminal justice
system by facilitating teamwork among its interdependent components.

The following priorities of action were recommended:

1) Improvement of the quality of the criminal justice system among its interdependent components;
2) Improvement of the management skills of law enforcement;
3) Reducing the delays in the criminal justice processes;
4) Making corrections more attuned to its role of rehabilitating law offenders; and
5) Increasing the community participation in crime prevention.

There were a number of projects recommended under each of these priorities of action, among which was the
establishment of an adult PROBATION SYSTEM. It was a priority action under (4).

The rationale for recommending priority consideration to the establishment of a probation system is clearly apparent.
1. The penal system in the country is characterized by substandard treatment of prisoners. To try to train lawbreakers to
obey the law in a substandard system is self-defeating.
2. The deterrent potentiality of the prisons is grossly exaggerated. No one has ever proved that the threat of severe
punishment actually deters crime.
3. Prisons heighten the offenders' weaknesses and erode their capacity for responsibility and sociability.
4. The maintenance of penal institutions is costly on the part of the government. In view of these considerations, an
alternative to institutionalization for certain types of offenders was proposed. Such proposal was subsequently translated
into a law on July 24, 1976, which is now known as the "Probation Law of 1976" or Presidential Decree No. 968.

WHO IS TEODULO C. NATIVIDAD?

He is the Father of Probation in the Philippines. He headed the committee (IDCCP) primarily tasked with the drafting
of the adult probation law.

A. THE ADULT PROBATION LAW OF 1976

✓ It took a long time before another attempt was made with introduction then by Congressman Teodulo C.
Natividad in collaboration with former Congressman Ramon D. Bagatsing, House Bill No. 393. The measure
was passed in the Lower House and was pending in the senate when Martial Law was proclaimed in 1972.

The Presidential decree No. 968, established a probation system less costly alternative to the imprisonment of the
offender who are likely to respond to individualized, community-based treatment program is the second legislation that
enforces a probation system in the country.

On Nov. 13, 1974, the Inter-Disciplinary Committee on Crime Prevention (IDCCP) was created to formulate a national
crime prevention program for the courtly.

NOTA BENE: The committee places emphasis on “Pro-action (crime prevention) rather than Reaction (action
after occurrence of the crime).

INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION (IDCCP)

✓ The delegation’s official report served as the turning point for the Inter-Disciplinary Committee on Crime
Prevention of the commission to formulate for a national crime prevention program. As mandated under Section
 4(k) of republic Act no. 4864, otherwise known as the police Act of 1966”, the National Police Commission,
on November 13, 1974, created the IDCCP. The IDCCP then under the charge of Commissioner Teodulo C.
Natividad, was asked by the Secretary and Chairman of NAPOLCOM, Juan Ponce Enrile to draft the adult
probation decree.
This Committee, the Inter-Disciplinary Committee, is composed of authorities and representative from the five pillars
of the criminal justice system. After a laborious period of eighteen technical hearings involving sixty source persons, came
out with the draft decree for presentation at a seminar on the Probation System sponsored by the National Police Commission
and the U.P. Law Center on April 24, 1976 subsequently attended by 369 participants.

The Proposal was reviewed by a mixture of Jurist, Penologist, Policemen, Educators subsequently civic leaders, social
and behavioral scientist, media men blue- and white-collar workers and housewives. Two (2) foreign experts participated
namely Dr. Torsten Erickson, former United Nations Inter-Regional Adviser on Crime Prevention Justice and Dr. A.
Lamonth Smith. Director for Research Program Planning and Elicit comments on the adoption of adult probation system in
the country.

A survey was made to elicit comments on the adoption of the adult probation system in the country. Favorable resulted
showed 87.1% in favor of the adoption, 7.1% apprehensive and 5.8% non-committal.

Thereafter, the draft was sent to the Secretary of the Department of the National Defense, Secretary of the Department
of the Justice and to the Supreme Court for review and endorsement of the President.

The final forum of 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 on this historic last day of the
Conference that the Presidential Decree No. 968 and thereby Transported the criminal justice system of the country to the
twentieth century. In the process, the president also appointed as the first Probation Administration, NAPOLCOM
Chairman, Teodolo C. Natividad in a concurrent capacity.

THE MULTI- SECTORAL BODY

As advocated by the United Nations, the five-penal multi-sectoral body is composed of experts from the various sectors
and disciplines comprising the five pillars of criminal justice system, namely: Police, Prosecution, Court, Correction and
Community Participation. The panel on community participation has sub-panels on education, welfare, religion, Barangay,
health and economics.

Under the leadership of Commissioner Teodulo C. Natividad, the IDCCP, after barely two months of work evolved a
proposed system of probation for adults based on evaluation of projects on crime prevention and treatment of offenders in
the courtly, notably the Bacolod City experiment on social defense.

This was later incorporated as part of PD 968 which was signed into law by Pres. Ferdinand E. Marcos on July 24,
1976. Note: Jan. 3, 1978 – affectivity of the substantive provisions of PD 968.

II. FORERUNNERS OF PROBATION

The following are the forerunner of probation:

1. Benefits of the Clergy- earliest for softening of 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 was subject to
the authority of the Ecclesiastical Court only. There was greater leniency in sentencing and particularly escape from
death penalty. Acquittal or guilt was established by a Jury of Twelve Clerks.

2. Judicial Reprieve- withdrawal of sentence for an internal of time whereby the execution of the 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 an or conditional pardon. Early English courts began to
 grants reprieves to prisoners under sentence of death on condition that they accept deportation to English settlements in
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 crime he would keep
the peace and be of good behavior.

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 served mainly as cheap source of supplying labor to the colonies
of England.

A. QUALIFIED AND DISQUALIFIED OFFENDERS FOR PROBATION

I. WHO ARE QUALIFIED TO PROBATION?

Any first-time convicted offender, 18 years of age and above not otherwise disqualified under PD 968 as amended can
apply for probation before serving the sentence which may either be imprisonment of fine with subsidiary imprisonment,
or both imprisonment and fine.
The age of offender qualified for probation is 18 years and above. PD 1179 which amended PD 603 lowered the age of
youthful offenders under 18 years old.
AS GENERAL RULE probation applies to all sentenced or convicted offenders - All first-time offenders convicted of
crimes punished by imprisonment of not more than 6 years (maximum of 6 years). Except the following:
1. Those entitled to the benefits of PD 603 as amended otherwise known as the Child and Youth Welfare Code. Hence,
an offender who is under 18 years of age must be dealt with in accordance with the more liberal and beneficent
provisions of PD 603.
Incidentally, Art 192 PD 603 as amended gives the youthful offender a choice as to whether he will be dealt
with as a youthful offender under PD603 or as Adult offender under PD 968 as amended. If he does not apply under
PD603 as amended, he treated as an adult offender. In such a case, two options are open to him, namely:
a. To simply serve his sentence
b. To apply of probation under PD 968 as amended
2. Those that are found Guilty in violation of R.A 6425, otherwise known as the Dangerous Drug Act of 1972 as
amended by Republic Act No. 9165. Hence, its beneficiaries, drug dependents, must be subjected to the
confinement, treatment and rehabilitation measures provided therein. Even those who are below twenty one years
of age who are found guilty of possessing or using prohibited or regulated drugs must be treated under the provisions
of R.A 6425.
3. Those offenders who has not been convicted and sentenced.
4. Those that are found guilty in violation of BP 881 as amended by BP 882,883 and 884 otherwise known as the
Omnibus Election Code of the Philippines.
5. Those who are found guilty in violation of PD 1987 (an act creating the Video gram Regulatory)
6. Those that are found guilty in violation of RA 6727 otherwise known as the Wage Rationalization Act.

Are all convicted persons who are not disqualified entitled to probation automatically?
No. Under PD 968; the court will not grant probation if after investigation conducted by the probation officer, it
finds that:
1. The offender can be treated better in an institution or other places for correction;
2. The offender is a risk to the community;
3. Probation will depreciate the gravity of the offense.

II. DISQUALIFIED OFFENDERS FOR PROBATION (Section 9, PD 968)

Under Section 9 of PD 968, the benefits of probation shall not be extended to:
1. Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN SIX (6) YEARS;
Note: the six years maximum refers to the sentence actually imposed, and not that prescribed by law for the offense
committed.
 2. Those convicted of subversion or any crime against the national security or public order;

CRIMES AGAINST NATIONAL SECURITY CRIMES AGAINST PUBLIC ORDER

1. Treason 1. Rebellion or insurrection

2. conspiracy and proposal to commit treason 2. Conspiracy and proposal to commit rebellion
3. misprision of treason 3. Sedition
4. espionage 4. Conspiracy to commit sedition
5. inciting to war or giving motives for reprisals 5. Inciting to sedition
6. violation of neutrality 6. Acts tending to prevent the meeting of assembly
7. correspondence with hostile country and similar bodies
8. flight to enemy’s country 7. Disturbance of proceedings
9. piracy 8. Direct assault
10. qualified piracy 9. Indirect assault
10. Coup d’etat

3. Those who have previously been convicted by final judgment of an offense punished by imprisonment of not less
than one month and one day and/or a fine of not less than Two Hundred Pesos;

PREVIOUS CONVICTION FINE:

▪ if one month - qualified for probation ▪ less than two hundred pesos - qualified for probation
▪ if one month and one day or more - disqualified ▪ two hundred pesos or more - disqualified for
for probation probation

4. Those who have been ONCE on probation under the provisions of PD No. 968, as amended;

Accordingly, one who has been on probation only under the child and Youth Welfare Code as amended and the
Dangerous Drugs Code of 1972 as amended will not be disqualified. The reason form this is that the treatment given
under those latter laws is of a different kind from that under PD 968 as amended.
5. Those who are already serving sentence at the time substantive provisions of the decree became applicable pursuant
to section 33 of PD 968. (As amended by BP Blg. 76, and PD 1990, October 5, 1985)

Technically speaking probation cannot cover the following, non-offenders; offenders not yet convicted and convicted
offenders but with a sentenced exceed 6 years.

B. REQUIREMENTS AND PROCEDURE IN THE APPLICATION OF PROBATION

Is there a need to apply for probation to avail of its benefits?

Yes, it will not be granted except upon the application by the accused. The necessity for such application is indicated
in Sec. 4, PD 968, which states that “the trial court may, after it shall have convicted and sentenced a defendant and
upon application by said defendant within the period of perfecting an appeal.

NOTA BENE: Under Presidential Decree No. 1990, no application for probation shall be entertained of granted if the
defendant has perfected an appeal from judgment of conviction. The filing of the application shall be deemed a waiver of a
right to appeal.
 Is there a form prescribed for the application for probation?

Yes, it shall be in the form approved be the Secretary of justice as recommended by the Administrator or as may be
prescribed by the SC

What is the effect of filing an application for probation?

The court may, upon receipt of the application suspend the execution of sentence imposed in judgment.

I. WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?

The application for probation shall be filed by sentenced or convicted offender whose sentence is not more than 6 years
imprisonment. It shall be filed with the court that tried and sentenced the offender.

WHERE: A petition for probation shall be filed by the applicant for probation or the petitioner with the courts that tried
and sentenced the offender at any time before the imprisonment starts.

WHEN: Any time before the offender starts serving his sentence but within period for perfecting an appeal or fifteen
(15) days from the promulgation or notice of the judgment of conviction.

However, under Section 42 of R.A. 9344, the Juvenile Justice and Welfare Act of 2006, the court may, after it shall
have sentenced a Child In Conflict with the Law and upon application at any time placed the child on probation in lieu of
service of his sentence.

II. PROCEDURE UNDER PD NO. 968 – Probation and Parole Flow Chart – See Appendix
The following are the procedure in the application for probation:

1. The defendant must file a petition before the trial court which exercise jurisdiction over his case; an application for
probation after he has been sentenced but before he begins to serve the sentence. There are two forms of petition:
WRITTEN and ORAL.
NOTA BENE: But for purposes of recording, application made orally should be reduced into writing.

2. If the defendant has been convicted and has appealed the sentence of conviction, an application for probation cannot be
entertained. As a general rule, no application for probation shall be entertained or granted if the defendant has
perfected an appeal from the judgment or conviction.
NOTA BENE: Filing an application shall be deemed a waiver of the right to appeal.

What then is the duty of the court after Receipt of the application? The trial court may notify the concerned prosecuting
officer of the application at a reasonable time before the scheduled hearing thereof.

3. Notice to the prosecuting officer: The prosecuting officer concerned shall be notified by the court of the filing of
such application. The prosecuting officer must submit his comment on such application within 10 days from receipt of
the notification

4. Referral to probation office: If the court finds that the petition is in due form and that the petitioner appears not to be
disqualified for the grant of probation. The probation should be entertained by the court by ordering the probation
officer to conduct an investigation (PSI) of the offender provided he is not disqualified under the decree.
While it is discretionary with the court to grant or deny an applicant for probation, the Probation Law requires that
an investigation be first conducted by the probation officer who shall submit his report within 60 days from receipt
of the court’s order. However, the court may in its discretion extend the 60 days period. Only thereafter shall the court
resolve the application, an outright denial by the court is a nullity correctable by certiorari. (De Luna vs. Hon. Medina,
CA 78 D.G. 599; Del Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983)

To summarize, the following are the procedures in Applying for Probation:

 1 The offender or his counsel files a petition with the
convicting court within 15 days from promulgation
of judgment.

2 The court determines convict qualifications and

notifies the prosecutor of the filing of the petition

3 The prosecutor submits his comments on such

application within 10 days from receipt of the
notification.

4 If petitioner is qualified, his application is referred

to the probation officer for post-sentence
investigation

5 The post-sentence investigation report (PSIR) is

submitted by the probation officer to the court within
60 days

6 Pending investigation and resolution, accused may

be temporarily released (if there is already a bail,
then on same bail)

7 The court grants or denies the petition for probation

within 15 days upon receipt of the PSIR.

NOTA BENE:
• If the accused is convicted and sentenced to multiple penalties, the periods are not added up. Only the maximum shall
be considered.
• Once probation period is terminated, the accused is restored to all his civil rights lost or suspended.
III. REQUISITES BEFORE AN OFFENDER CAN BE PLACED ON PROBATION
1. A post sentence investigation by the officer;
2. A determination by the court that the end of justice will be served and the best interest of the public and that of the
offender will be served thereby.
The probation officer shall submit to the court within 60 days from receipt of the order the investigation report on the
offender, the petition for probation shall be resolved by the court within 15 days from receipt of report. Probation order
unless otherwise provided takes effects upon its issuance, the order granting or denying the probation is not appealable.

C. CONTROL AND SUPERVISION OF PROBATIONERS (SECTION 13, PD 968)

Under Section 13 of PD 968, the probationer and his probation program shall be under the control of the court who
placed him on probation subject to actual supervision and visitation by a probation officer. Whenever a probationer is
permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to the Executive
Judge of the Court of First Instance of that place, and in such a case, a copy of the probation order, the investigation
report and other pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed by
the court which granted the probation.
Probationers report to their Probation Officer as often as indicated in the conditions of probation. The probation officer
sees to it that the conditions of probation as given by the court are followed. Probationers are helped to developed
themselves, to learn skills if they do not have any, and to be gainfully employed so they can be useful members of the
society. House visits and follow-up in their places of work may be done if needed. The probation officer makes regular
reports about the probationer to the court.
 Under Section 38 of Parole and Probation Administration Omnibus Rules on Probation Methods and Procedure the
following are the primary purposes of probation supervision are:
(a) To ensure the probationer's compliance with the probation conditions specified in the Probation Order and the
prescribed probation treatment and supervision program/plan;
(b) To manage the process of the probationer's rehabilitation and re-integration into the community; and
(c) To provide guidance for the probationer's transformation and development into a useful citizen for his eventual
reintegration to the mainstream of society.

D. CHANGE OF RESIDENCE AND OUTSIDE TRAVEL

I. CHANGE OF RESIDENCE
Section 42 Parole and Probation Administration Omnibus Rules on Probation Methods and Procedure. Change of
Residence: Transfer of Supervision. –
(a) A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or Provincial Parole and
Probation Office, citing the reason(s) therefore this request shall be submitted by the Supervising Probation Office
for the approval of the Trial Court.
(b) In the event of such approval, the supervision and control over the probationer shall be transferred to the
concerned Executive Judge of the RTC, having jurisdiction and control over said probationer, and under the
supervision of the City or Provincial Parole and Probation Office in the place to which he transferred.
Thereafter, the Executive Judge of the RTC to whom jurisdiction over the probationer is transferred shall have the
jurisdiction and control with respect to him which was previously possessed by the Court which granted probation.
The receiving City or Provincial and Parole and Probation Office and the receiving court shall be duly furnished each
with copies of the pertinent Probation Order, PSIR (PPA Form 3), and other investigation and supervision records by the
sending Probation Office for purposes and in aid of continuing effective probation supervision treatment over said
probationer.

II. OUTSIDE TRAVEL

Section 41 of Parole and Probation Administration Omnibus Rules on Probation Methods and Procedure. Purpose.
Outside Travel. –
(a) A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a
period of more than ten (10) days but not exceeding thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the
Probation Office shall file at least five (5) days before the intended travel schedule a Request for Outside Travel (PPA
Form 7) withsaid Office properly recommended by the Supervising Probation Officer on case and approved by the
CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the CPPO and
submitted to the Trial Court for approval.
Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6) months shall be considered
as a courtesy supervision.

E. REVOCATION OF PROBATION
Nobody can discount the probability that probationer may not violate the condition of probation what is the concept of
violation of probation. The following are the two grounds for revocation of probation.
1. Failure to comply with any condition
2. Commission of another offense

What constitute commission of another offense or

violation of penal law? Is it the act of committing or
perpetrating a crime? Or conviction for the
commission of said offense?
 Supreme Court ruled that a condition violated by the
pardonee or parolee on judicial condition is not necessary.
Supreme Court revoked probation on the basis of a
subsequent final judgment without remanding the case to
the probation office.

NOTA BENA: An order revoking the grant of probation or modifying the terms and conditions thereof shall not be
appealable.

I. EFFECT OF REVOCATION
Under Section 52 of Parole and Probation Administration Omnibus Rules on Probation Methods and Procedure the
following are the effect of revocation:
(a) After a serious violation of a probation condition has been established in the hearing, the Trial Court may order the
continuance of the probationer's probation or modification of his probation conditions or revoke his probation
whichever is proper and just under in judicial discretion.
(b) If the probation period has been revoked, the Trial Court shall order the probationer to serve the sentence originally
imposed in the judgment of his case for which he applied for probation.
(c) A court order modifying the probation conditions as in Sec. 44 of these Rules or revoking probationer's probation
shall not be appealable. However, it may be correctable by certiorari under the Rules of Court.

F. TERMINATION AND CLOSING OF PROBATION CASE (SECTION 16, PD 968)

Section 16 of PD 968 - 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 suspend as a result of his
conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.

I. MODES AND GROUNDS OF TERMINATIONS OF THE PROBATION SUPERVISION CASE

1. The successful completion of program of probation.
2. Revocation for cause, or death of the probationer.

NOTA BENE: Termination Report - 30 days before the termination period.

Section 60 of Parole and Probation Administration Omnibus Rules on Probation Methods and Procedure: The
probation supervision period may be terminated on any of the following grounds:
(a) successful completion of probation;
(b) probation revocation for cause under Section 49 (a-c) of these Rules;
(c) death of the probationer;
(d) early termination of probation; or
(e) other analogous cause(s) or reason(s) on a case-to-case basis as recommended by the probation Office and
approved by the trial court.

THE VOLUNTEER PROBATION AIDES (VPA)

A. VOLUNTEERISMS define
It is a strategy by which the parole and probation administration may be able to generate maximum citizen participation
or community involvement in the overall process of client rehabilitation.

B. VOLUNTEER PROBATION AIDES (VPA) define

 VPA are citizen of good standing in the community who are volunteer to assist the parole and probation officers in the
supervision of a number of probationers, parolees, and pardonees in tier respective community.
Since they reside in the same community as the client, they are able to usher the reformation and rehabilitation of the
clients, ands on.

C. LEGAL BASIS
Section 28 of PD 968. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as probation aides.
Probation Aides shall not receive any regular compensation for services except for reasonable travel allowance. They
shall hold office for such period as may be determined by the Probation Administrator. Their qualifications and maximum
caseloads shall be provided in the rules promulgated pursuant to this Decree.

D. QUALIFICATIONS
Section 57 of Parole and probation administration omnibus rules on probation methods and procedure –
a) Must be citizens of good repute and probity.
b) At least 18 years of age on the date of appointment
c) At least high school graduates and
d) Preferably residence of the same locality or community covering the place of residence of the probationer and/or
the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI.

Other qualification
1. Of sound mind and of good moral character.
2. As adequate and stable income and willing to serve without any compensation.
3. Has no criminal record of conviction, except those who have shown exemplary may therefore be considered role
model to fellow offenders.
4. Has the time to supervise a maximum of 5 clients.

E. APPOINTMENT AND TERMS OF OFFICE

Sec. 58 of Parole and probation administration omnibus rules on probation methods and procedure:
a) Probation Aides shall be appointed by the Probation Administrator or through authority delegated to the Regional
Directors within their respective areas of responsibility upon the recommendation of the CPPOs.
b) Probation Aides so appointed may hold office during good behavior for a period of two (2) years, renewable at the
end of each period; provided, that, the appointing authority may at any time terminate the services of Probation
Aides for unsatisfactory performance for at least two (2) consecutive semesters as determined by the proper
Offices and/or for other lawful and valid cause(s). Thereafter, his reinstatement shall be determined by his display
of good behavior as determined by collateral informants and the appointing authority.

F. SALARY
VPA shall not receive any regular compensation but entitled to travel allowances allowed under existing government
rules and regulation.

G. 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

H. FUNCTIONS AND RESPONSIBILITIES

The functions and responsibilities of a VPA may include:
1. Works in close consultation and coordination with the chief probation and parole officer (CPPO) and supervising
officer-on-Case (SOC), who will provide the needed information about the client including the treatment and
supervision plan;
 2. Supervise a maximum of five (5) clients and thereafter yen (10) clients upon re-appointment subject to the
administrative and technical supervision by the Chief Parole and Probation Officer (CPPO);
3. Keeps all information about the clients in strict confidential;
4. Performs such other task related to client’s rehabilitation as may be assigned by the CPPO from time to time;
5. Prepares records of their activities and accomplish related reports and prompt submission thereof and undertake
other related activities; and
6. They may be designated to identify, generate, tap local community resources or conduct such activities on skills
training and sports and cultural programs for clients.

I. CASE LOAD
Sec. 59 of Parole and probation administration omnibus rules on probation methods and procedure:
a) In assigning probation supervision caseload(s) to the Probation Aides, the Probation Offices shall duly consider
their respective qualifications, length of service, work accomplishments, and other related criteria. And, as to
maximum supervision caseload to be given to them, the Probation Office should, exercise utmost prudence and
caution.
b) The maximum supervision caseloads of a Probation Aide at any given time shall be ten (10) probationers on
minimum case classification or three (3) probationers on maximum case classification in addition to other duties.

THE PAROLE AND PROBATION ADMINISTRATION

A. WHAT IS PAROLE AND PROBATION ADMINISTRATION?

The Parole and Probation Administration (Filipino: Pangasiwaan ng Parol at Probasyon), abbreviated as PPA, is
an agency of the Philippine government under the Department of Justice responsible for providing a less costly alternative
to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.

B. FUNCTIONS
To carry out these goals, the Agency through its network of regional and field parole and probation officers performs
the following functions:
a. To administer the parole and probation system
b. To exercise supervision over parolees, pardonees and probationers
c. To promote the correction and rehabilitation of criminal offenders.
C. HISTORY AND THE CREATION OF PROBATION ADMINISTRATION
Probation was first introduced in the Philippines during the American colonial period (1898–1945) with the enactment
of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law created a Probation Office under the Department
of Justice. On November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the
Probation Law unconstitutional because of some defects in the law's procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the Philippines. This
bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. The bill was passed
by the House of Representatives, but was pending in the Senate when Martial Law was declared and Congress was
abolished.
In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical hearings over a
period of six months, the draft decree was presented to a selected group of 369 jurists, penologists, civic leaders and social
and behavioral scientists and practitioners. The group overwhelmingly endorsed the establishment of an Adult Probation
System in the country.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by
the President of the Philippines.

Section 18 of PD 968. The Probation Administration. There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which shall exercise
general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the proper execution
of its functions.
 The startup of the probation system in 1976-1977 was a massive undertaking during which all judges and prosecutors
nationwide were trained in probation methods and procedures; administrative and procedural manuals were developed;
probation officers recruited and trained, and the central agency and probation field offices organized throughout the country.
Fifteen selected probation officers were sent to United States for orientation and training in probation administration. Upon
their return, they were assigned to train the newly recruited probation officers.
The probation system started to operate on January 3, 1978. As more probation officers were recruited and trained, more
field offices were opened. There are at present 204 field offices spread all over the country, supervised by 15 regional
offices.
PAROLE AND PROBATION ADMINISTRATION
PANGASIWAAN NG PAROL AT PROBASYON
Abbreviation PPA-DOJ

Seal of the Parole and Probation Administration

Agency overview
Formed July 24, 1976
Legal personality Governmental: Government agency
Jurisdictional structure
National agency Philippines
General nature • Law enforcement
• Civilian agency
Operational structure
Headquarters DOJ Agencies Building, NIA Road cor. East Avenue, Diliman, Quezon City
Agency executive Manuel G. Co, Administrator
Parent agency Department of Justice

NOTA BENE: Under Executive Order no. 292, entitled “the Administrative Code of 1987”, promulgated on November 23,
1989, the probation Administration was renamed as “Parole and Probation Administration”. It was given the added function
of supervising prisoners who, after serving part of their sentence in jails are released on parole or are granted pardon with
parole conditions.

D. POWERS AND DUTIES OF OFFICERS OF PROBATION ADINISTRATOR

A. PROBATION ADMINISTRATOR
The Administration shall be headed by the Probation Administrator, hereinafter referred to as the Administrator.
It is appointed by the President of the Philippines. He shall hold office during good behavior and shall not be
removed except for cause. (Section 19 of PD 968:)

The following are the powers and Duties of Probation Administration under Section 19 of PD 968:
(a) Act as the executive officer of the Administration;
(b) Exercise supervision and control over all probation officers;
(c) Make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning the operation,
administration and improvement of the probation system;
(d) Promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the methods and
procedures of the probation process;
 (e) Recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration and
other offices established in this Decree; and
(f) Generally, perform such duties and exercise such powers as may be necessary or incidental to achieve the objectives
of this Decree.
E. THE ORGANIZATION STRUCTURE OF PROBATION ADMINISTRATION (See Appendices)
The Probation Administration was created by virtue of Presidential Decree No. 968, “The Probation Law of 1976”, to
administer the probation system. Under Executive Order No. 292, “The Administrative Code of 1987” which was
promulgated on November 23, 1989, the Probation Administration was renamed “Parole and Probation Administration”
and given the added function of supervising prisoners who, after serving part of their sentence in jails are released on parole
pardon with parole conditions
Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs Board, the
Administration performs another additional function of investigating and supervising first-time minor drug offenders who
are placed on suspended pursuant to Republic Act No. 9165.
Probation Administration (EO no. 292 Paroles and Probation Administration) Line Bureau under the DOJ

A. CENTRAL OFFICE
1. OFFICE OF THE ADMINISTRATOR – It acts as the head and the executive officer of the PPA.
a. Planning staff – Develops plans, programs and conducts, research towards economical, efficient and effective
operation and implementation of PD no. 968 as amended.
b. Technical services - It acts as service arm of the Board of Pardons and Parole in the supervision of parolees and
pardonees.

2. OFFICE OF THE DEPUTY ADMINISTRATOR - One deputy. Assist the administrator and performs such duties
as may be assigned by the administrator.

3. STAFF DIVISION
1. ADMINISTRATIVE DIVISION (AD) – It provides the administration with well-planned, directed and
coordinated services relating to personnel, records, supplies and equipment, disbursement, security and
janitor/messengerial services and public information dissemination.
1. Personnel Section
2. Public Information Section
3. Records and Mailing Section
4. Cash Section
5. Property Section
6. General Services Section

2. FINANCIAL MANAGEMENT DIVISION (FMD) - It provides financial support to all units of the agency and
implements policies and procedure on financial management in accordance with the government rules and
regulations.
1. Accounting Section
2. Budget Section
3. Management Section

3. LEGAL AND INSPECTORATE DIVISION (LID) – It provides various units of the administration with legal
advice, prepares opinions on questions of law that may arise in the implementation of P.D. no. 968 as amended.
1. Inspection and Investigation Section
2. Legal Counseling Section

4. TRAINING DIVISION (TD) - Develops, conducts, monitors and evaluates training programs for improved job
performance of the line and staff personnel of the agency, develops modules for training of community volunteers,
facilities and monitors attendance of officials and employees in training programs sponsored by the other
agencies/organizations.
1. Research Development Section
2. Material Preparation and A/V Section
 3. Training Evaluation Section

5. COMMUNITY SERVICES DIVISION (CMSD) – Assist in the establishment/development of facilities,

programs and services for the rehabilitation of probationers/parolees/pardonees utilizing community resources,
provides technical and consultative services to operating units and offices of the administration, screens and
recommends for appointment of VPAs.
1. Community Programs Section
2. Volunteer services Section

6. CASE MANAGEMENT AND RECORDS DIVISION - It provides technical services assistance to field officers
in improving investigation procedures/supervision over probationers and their services to the courts; conducts
studies on caseloads, caseworks services and procedures in case management, maintains central files of records of
petitioners/probationers/parolees/pardonees and establishes linkages with criminal justice pillars for improvement
of case load management.

7. CLINICAL SERVICES DIVISION (CSD) - Provides the administration with effective diagnostic/evaluation and
therapy/management of PPA employees and their dependents, petitioner, probationers, parolees, pardonees which
include psychiatric, medical, dental, and psychological and social services.
1. Psychological Services Section
2. Social Services Section
3. Medical and Dental Section

F. VISION, MISSION, MANDATE, GOALS AND ORGANIZATIONAL VALUES

I. VISION
A model component of the Philippine Correctional System that shall enhance the quality of life of its clients through
multi disciplinary programs and resources, and efficient organization, and highly professional and committed workforce
in order to promote social justice and development.

II. MISSION
To rehabilitate probationers, parolees and pardonees and promote their development as integral persons by utilizing
innovative interventions and techniques which respect the dignity of man and recognize his divine destiny.

III. MANDATE
The Parole and Probation Administration is mandated to conserve and/or redeem convicted offenders and prisoners who
are under the probation or parole system.

IV. GOALS
The Administration's programs sets to achieve the following goals:
a. Promote the reformation of criminal offenders and reduce the incidence of recidivism, and
b. Provide a cheaper alternative to the institutional confinement of first-time offenders who are likely to respond to
individualized, community-based treatment programs.

V. ORGANIZATIONAL VALUES (PPA)

A. PERFORMANCE - Efficient and effective accomplishment of task and targets, beginning with individual officials
and throughout all units in the organizational hierarchy, linked coherently and progressively toward the agency
Mission, Vision and strategic works.
1. Teamwork - Working together to achieve shared goals
2. Resourcefulness and Innovativeness - Exploring resources with ingenuity optimizing opportunities with
creativity.
 B. PROFESSIONALISM - High level of proficiency on the resulting from mastery and conscientious application of
appropriate knowledge and skills, honed by sound judgment, self-discipline and unceasing striving for excellence,
and founded on a code of conduct that respects the dignity of clients and fellowmen.
1. Role modeling - Serving and inspiring by example.
2. Professional Existence - Achieving high standards for ethical and quality service
C. ACCOUNTABILITY - Inherent obligation of every official and employees to answer employee to answer for
decisions, actions and result within his/her authority, including proper and effective utilization of resources is
support of Agency policies and programs with timely, complete and accurate disclosure in required report.
1. Responsibility - Achieving expectations, answering for results.
2. Honesty and Integrity - Being upright and transparent in transaction and relations.
G. MAJOR REHABILITATION PROGRAMS

A. RESTORATIVE JUSTICE (RJ) is a philosophy and a process whereby stakeholders in a specific offense resolve
collectively how to deal with the aftermath of the offense and its implications for the future. It is a victim-centered
response to crime that provides opportunity for those directly affected by the crime - the victim, the offender, their
families and the community - to be directly involved in responding to the harm caused by the crime. Its ultimate
objective is to restore the broken relationships among stakeholders.
The Restorative Justice process provides a healing opportunity for affected parties to facilitate the recovery
of the concerned parties and allow them to move on with their lives.

B. The VOLUNTEER PROBATION AIDE (VPA) PROGRAM is a strategy by which the Parole and Probation
Administration may be able to generate maximum citizen participation or community involvement. Citizens of good
standing in the community may volunteer to assist the probation and parole officers in the supervision of a number
of probationers, parolees and conditional pardonees in their respective communities. Since they reside in the same
community as the client, they are able to usher the reformation and rehabilitation of the clients hands-on.
In collaboration with the PPO, the VPA helps pave the way for the offender, victim and community to each
heal from the harm resulting from the crime done. They can initiate a circle of support for clients and victims to
prevent further crimes, thereby be participants in nation-building.

C. The THERAPEUTIC COMMUNITY (TC) is a self-help social learning treatment model used in the
rehabilitation of drug offenders and other clients with behavioral problems. TC adheres to precepts of “right living”
- Responsible Love and Concern; Truth and Honesty; the Here and Now; Personal Responsibility for Destiny; Social
Responsibility (brother’s keeper); Moral Code; Work Ethics and Pride in Quality.
The Therapeutic Community (TC) is an environment that helps people get help while helping themselves.
It operates in a similar fashion to a functional family with a hierarchical structure of older and younger members.
Each member has a defined role and responsibilities for sustaining the proper functioning of the TC. There are sets
of rules and community norms that members commit to live by and uphold upon entry. The primary “therapist” and
teacher is the community itself, consisting of peers, staff/probation and parole officers and even Volunteer Probation
Aides (VPA), who, as role models of successful personal change, serve as guides in the recovery process.

PAROLE
A. WHAT IS PAROLE?

It is the provisional release of a prisoner who agrees to certain conditions prior to the completion of the maximum
sentence period. Originating from the French parole ("voice", "spoken words"), the term became associated during the
Middle Ages with the release of prisoners who gave their word.
It is the process of suspending the sentence of a convict after having served the minimum of his sentence without
granting him pardon, and the prescribing term upon which the sentence shall be suspended.
It is the release from imprisonment, but without full restoration of liberty, as parolee is in custody of the law although
not in confinement.

PRE-PAROLE INVESTIGATION
 The Administration has been authorized by the Board to conduct pre-parole investigation of deserving city, provincial
and national prisoner confined in the city and provincial jails, the national penitentiary and penal colonies, whenever
their best interests and that of justice will be served thereby, and to submit reports of said investigation at least 60 days
before the expiration of the minimum sentences of the prisoners concerned.

B. HISTORY OF PAROLE
Parole comes from the French word parole, 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. Chief credit for developing the early parole system is usually given to Alexander Maconochie, who was in
charge of the English penal colony at Norfolk Island, 1,000 miles off the coast of Australia, and to Sir Walter Crofton, who
directed Ireland's prisons (Cromwell and del Carmen 1999).
Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole
when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a
plan to prepare them for eventual return to society that involved three grades. The first two consisted of promotions earned
through good behaviour, labour, and study. The third grade in the system involved conditional liberty outside of prison
while obeying rules. A violation would return them to prison and starting all over again through the ranks of the three grade
process
Maconochie criticized definite prison terms and developed a system of rewards for good conduct, labor and study.
Through a classification procedure he called the mark system, prisoners could progress through stages of increasing
responsibility and ultimately gain freedom. In 1840, he was given an opportunity to apply these principles as superintendent
of the Norfolk Island penal settlement in the South Pacific. Under his direction, task accomplishment, not time served, was
the criterion for release. Marks of commendation were given to prisoners who performed their tasks well, and they were
released from the penal colony as they demonstrated willingness to accept society's rules. Returning to England in 1844 to
campaign for penal reform, Maconochie tried to implement his reforms when he was appointed governor of the new
Birmingham Prison in 1849. However, he was unable to institute his reforms there because he was dismissed from his
position in 1851 on the grounds that his methods were too lenient (Clear and Cole 1997).

Alexander Maconochie
He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who introduced the Mark System that
became the blueprint of modern day parole. He is considered as the father of modern penology.

Mark System
A progressive humane system in which a prisoner is required to earn a number of marks based on proper department,
labor and study in order to entitle him for ticket for leave or conditional release which is similar to parole.

Walter Crofton attempted to implement Maconichie's mark system when he became the administrator of the Irish
Prison System in 1854. Crofton felt that prison programs should be directed more toward reformation, and that "tickets-of-
leave" should be awarded to prisoners who had shown definitive achievement and positive attitude change. After a period
of strict imprisonment, Crofton began transferring offenders to "intermediate prisons" where they could accumulate marks
based on work performance, behavior and educational improvement. Eventually they would be given tickets-of-leave and
released on parole supervision. Parolees were required to submit monthly reports to the police, and a police inspector helped
them find jobs and generally oversaw their activities. The concepts of intermediate prisons, assistance and supervision after
release were Crofton's contributions to the modern system of parole (Clear and Cole 1997).
By 1865, American penal reformers were well aware of the reforms achieved in the European prison systems,
particularly in the Irish system. At the Cincinnati meeting of the National Prison Association in 1870, a paper by Crofton
was read, and specific references to the Irish system were incorporated into the Declaration of Principles, along with other
such reforms as indeterminate sentencing and classification for release based on a mark system. Because of Crofton's
experiment, many Americans referred to parole as the Irish system (Walker 1998).
Walter Crofton
He is the director of the Irish Prison in 1854 who introduced the Irish system that was modified from the
Macanochie’s mark system.
 Zebulon Brockway, a Michigan penologist, is given credit for implementing the first parole system in the U.S. He
proposed a two-pronged strategy for managing prison populations and preparing inmates for release: indeterminate
sentencing coupled with parole supervision. He was given a chance to put his proposal into practice in 1876 when he was
appointed superintendent at a new youth reformatory, the Elmira Reformatory in New York. He instituted a system of
indeterminacy and parole release, and is commonly credited as the father of both in the United States. His ideas reflected
the tenor of the times - a belief that criminals could be reformed, and that every prisoner's treatment should be individualized.

Zebulon Brockway
First Superintendent of Elmira Reformatory in New York
He introduced training school type, education for prisoners, solitary confinement for night and congregate
workshop were adopted, extensive use of parole and indeterminate sentence.
The Elmira Reformatory (1876 in Elmira, NY)
First reformatory and considered as the forerunner of modern penology because it had all the elements of
a modern system.

On being admitted to Elmira, each inmate (males between the ages of sixteen and thirty) was placed in the second
grade of classification. Six months of good conduct meant promotion to the first grade - misbehavior could result in being
placed in the third grade, from which the inmate would have to work his way back up. Continued good behavior in the first
grade resulted in release. Paroled inmates remained under the jurisdiction of authorities for an additional six months, during
which the parolee was required to report on the first day of every month to his appointed volunteer guardian (from which
parole officers evolved) and provide an account of his situation and conduct (Abadinsky 1997). Written reports became
required and were submitted to the institute after being signed by the parolee's employer and guardian.
Indeterminate sentencing and parole spread rapidly through the United States. In 1907, New York became the first state
to formally adopt all the components of a parole system: indeterminate sentences, a system for granting release, post-release
supervision and specific criteria for parole violation. By 1927, only three states (Florida, Mississippi and Virginia) were
without a parole system, and by 1942, all states and the federal government had such systems (Clear and Cole 1997).
This differs from amnesty or commutation of sentence in that parolees are still considered to be serving their sentences,
and may be returned to prison if they violate the conditions of their parole. A specific type of parole is medical parole or
compassionate release which is the release of prisoners on medical or humanitarian grounds. Conditions of parole often
include things such as obeying the law, refraining from drug and alcohol use, avoiding contact with the parolee's victims,
obtaining employment, and maintaining required contacts with a parole officer. Some justice systems, such as the United
States federal system, place defendants on supervised release after serving their entire prison sentence; this is not the same
as parole. In Colorado, parole is an additional punishment after the entire prison sentence is served - it is called 'mandatory
parole'.

CREATION OF PAROLE SYSTEM IN THE PHILIPPINES:

It came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225, otherwise known as the
Indeterminate Sentence Law, which took effect on Dec. 5, 1933. Board of Pardons and Parole – administers the Parole
system of the country

C. DISTINCTION BETWEEN PAROLE & PROBATION

These two concepts are sometimes used interchangeably, but there are substantial differences between the two. Parole
is a conditional release from actual confinement under sentence of imprisonment, contingent upon future conduct with
respect to terms of parole, and the parolee is subject to future confinement for the un-served portion of sentence in the event
he violates provisions of parole. While probation relates to action taken before prison door is closed, and before final
conviction, parole relates to action taken after the prison door has been closed, and partakes of the nature of pardon, for it
suspends execution of penalty already imposed.
An order placing a defendant on probation is not a final judgment, but is rather an "interlocutory judgment" in the nature
of a conditional order placing the defendant under the supervision of the court for his reformation, to be followed by a final
judgment of discharge, if the conditions of probation are complied with, or by a final judgment of sentence if the conditions
are violated.
 The following are the other distinction:

PAROLE PROBATION

Administrative function exercised by the executive It is a judicial function exercise by the courts.
branch of the government (executive function)

Granted to a prisoner only after he has serve the Granted to an offender immediately after conviction.
minimum of his sentence.

It is an extension of institutional. It is a conditional It is substitute for imprisonment. Probation is an

release of a prisoner whereby he is placed under the alternative to imprisonment. Instead of being confined
supervision of a Parole Officer after serving his in prison, the probationer is released to the community
minimum sentence. by the court with conditions to follow and is placed
under the supervision of PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by parole officer Probationer supervise by probation officer

Parole is administered by the Parole Board. Probation is handled by the Probation Administration

Parole does not restore full civil rights to parolee Probation is more beneficent because it restores full
civil rights to the probationer upon termination unlike
parole.

It is granted more than once, depending on good Probation is enjoyed only once
behavior during imprisonment

Probation is a community-based approach to Convict must serve the minimum of his sentence
reformation of offenders. before the grant.
 D. DIFFERENCE BETWEEN PAROLE AND MANDATORY SUPERVISION
"Mandatory Supervision," is a practice whereby an inmate is released prior to the completion of their sentence due to
legal technicalities which oblige the offender justice system to free them. In some states such as Texas, inmates are
compensated with "good time," which is counted towards time served. For example, if an inmate served five years of a ten
year prison term, and also had five years of "good time," they will have completed their sentence "on paper," obliging the
state to release them unless deemed a threat to society in writing by the parole board. Where parole is granted or denied at
the discretion of a parole board, mandatory supervision does not involve a decision making process: one either qualifies for
it or does not. Mandatory supervision tends to involve stipulations that are more lenient than those of parole, and in some
cases place no obligations at all on the individual being released.

E. ADVANTAGES AND DISADVANTAGES OF PAROLE

A. ADVANTAGES OF PAROLE
Parole is the release of a prisoner who agrees to certain conditions upon being released. An advantage of parole is that
it can be used to award prisoners for good behavior during their sentence.
One of the other advantages is the economy factors. Releasing prisoners on parole can force them to get a job and no
longer be a ward of the state. The money from the prisoner’s job will then pay for state taxes and further help out the
government.
Another advantage is the thought of parole can cause prisoners to serve their sentence peacefully until they reach the
point where they can be granted parole. This may lessen the amount of prison fights and altercations with the guards.
Parole is the early release of convicts from prison, prior to the completion of their given sentence. Parole is issued based
on good behavior or the parole board's determination that the convict has been sufficiently reformed to re-enter society.
Therein lies its foremost advantage: the provision of fresh opportunity and the chance to start anew for criminals. It is
also advantageous to the public to reduce the number of people incarcerated, which can cost tens of thousands prisoner per
year. Furthermore, reducing incarceration rates is conducive to a free, democratic society.

B. DISADVANTAGE OF PAROLE
Parole involves the risk that the parolee may become a repeat offender (known as recidivism in the criminal justice
field). It also involves the risk that he won't, in fact, be able to survive on his own upon release, and will fall victim to
chronic unemployment, homelessness, social maladjustment or substance abuse. Another disadvantage of parole is that it
frequently involves the continuation of involvement by the criminal justice system (at a financial cost to the public and to
the detriment of individual liberty) in the parolee's life, because parole is often accompanied by monitoring for a certain
period thereafter.

F. PRISONERS QUALIFIED AND DISQUALIFIES FOR PAROLE

A. PRISONERS QUALIFIED
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible for the grant of parole upon showing
that –
a. He is confined in a jail or prison to serve an indeterminate prison sentence, the maximum period of which exceeds
one year, pursuant to a final judgment of conviction; and that
b. He has served the minimum period of said sentence less the good conduct time allowances (GCTA) earned.
c. There is a reasonable probability that if released, he will become law-abiding; and
d. His release will not be incompatible with the interests and welfare of society.

"RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE CASE - AN INMATE'S CASE MAY BE ELIGIBLE
FOR REVIEW BY THE BOARD PROVIDED:

1. Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1) year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate's conviction is final and executor;
 4. In case the inmate has one or more co-accused who had been convicted, the director/warden concerned shall
forward their prison records and carpetas/jackets at the same time.
5. Inmate has no pending criminal case; and
6. Inmate is serving sentence in the national penitentiary, unless the confinement of said inmate in a municipal,
city, district or provincial jail is justified.

G. PRISONERS DISQUALIFIED FOR PAROLE: (Section 2, Act no. 4103)

1. Those persons convicted of offenses punished with reclusion perpetua;
2. Those convicted of treason, conspiracy or proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those who evaded sentence;
7. Those who were granted conditional pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed 1 year or are with a definite sentence;
9. Those suffering from any mental disorder as certified by a psychiatric report of the bureau of correction or national
center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an offense committed while serving sentence.
12. Those convicted of offenses punished with reclusion perpetua, or whose sentences were reduced to reclusion
perpetua by reason of Republic Act No. 9346 enacted on June 24, 2006, amending Republic Act No. 7659 dated
January 1, 2004; and
13. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."

H. BOARD OF PARDONS AND PAROLE

The Board of Pardons and Parole, created by virtue of Act No. 4103 (1933) known as the Indeterminate Sentence
Law, is an agency under the Department of Justice (DOJ) tasked to uplift and redeem valuable human resources to economic
usefulness and to prevent unnecessary and excessive deprivation of personal liberty by way of parole or through executive
clemency.

The Board undertakes the following:

1. 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;
2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with parole conditions,
by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive clemency to prisoners other than
those entitled to parole.

The Board of Pardons and Parole administers the Parole system of the country.

A. COMPOSITION OF THE BOARDS OF PARDON AND PAROLE

Chairman - Secretary of the DOJ

Ex-Officio - Probation Administrator of the Parole and Probation Administrator
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
3. Person qualified for the work by training/experience and a member of the Philippine BAR.
B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE OF 1987; [BOOK IV/TITLE III/CHAPTER 6-
BOARD OF PARDONS AND PAROLE]

CHAPTER 6
Board of Pardons and Parole

SECTION 17. Board of Pardons and Parole.—The Board of Pardons and Parole shall continue to discharge the powers and
functions as provided in existing law and such additional functions as may be provided by law.

SECTION 18. Board Composition.—The Board shall be composed of the Secretary as Chairman and six (6) members
consisting of: The Administrator of the Parole and Probation Administration as ex-officio member, a sociologist, a
clergyman, an educator, a person with training and experience in correction work, and 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.

SECTION 19. Executive Director and Board Secretary; Support Staff.—In the performance of his duties as Chairman of
the Board of Pardons and Parole, the Secretary shall be assisted by a staff headed by the Executive Director who is at the
same time the Secretary of the Board. The Executive Director shall be appointed by the President upon the recommendation
of the Secretary. The Executive Director shall receive a monthly salary of thirteen thousand five hundred pesos.
The Board Secretary shall prepare and keep the minutes of all the board sessions in a book of records kept for the purpose,
as well as all the resolutions and recommendations of the Board on all actions involving parole, pardons and executive
clemency to the President; authenticate and/or attest all minutes, resolutions and recommendations of the Board; prepare
and serve all notices of board meetings or sessions to the members of the Board; prepare an annual report of all resolutions
and recommendations for parole or executive clemency and other reports that the Department may require. He shall also
perform such other functions as the Board may from time to time assign to him.
SECTION 20. Board Meetings.—The Board shall meet regularly every week, or as the Board may direct, or upon call by
the Chairman/Secretary. The members shall act only as a Board, and every decision of the majority shall be valid as an act
of the Board provided, that the Board may direct a Board member to prepare and submit a report involving any application
for parole, pardon or any request for executive clemency for appropriate action by the Board.
SECTION 21. Board Rules and Regulations.—The Board is hereby authorized to establish and prescribe, subject to the
approval of the Secretary, rules and regulations to govern the proceedings of the Board.
SECTION 22. Indeterminate Sentence Law.—The provisions of Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended, shall continue to apply except as otherwise amended, modified or repealed by this Code.

I. ACT NO. 4103 - AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO
CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND
FOR OTHER PURPOSES.

SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that
which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the minimum
which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and if the offense
is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which
shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by
the same. (As amended by Act No. 4225.)

SECTION 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-imprisonment;
to those convicted of treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason,
rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual delinquents; to those who have
escaped from confinement or evaded sentence; to those who having been granted conditional pardon by the Chief Executive
shall have violated the terms thereof; to those whose maximum term of imprisonment does not exceed one year, not to those
already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 hereof. (As amended
by Act No. 4225.)

SECTION 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary of Justice who shall
be its Chairman, and four members to be appointed by the President, with the consent of the Commission on Appointments
who shall hold office for a term of SIX YEARS: Provided, That one member of the board shall be a trained
SOCIOLOGIST, one a CLERGYMAN or EDUCATOR, one PSYCHIATRIST unless a trained psychiatrist be
employed by the board, and the other members shall be PERSONS QUALIFIED FOR SUCH WORK BY
TRAINING AND EXPERIENCE. At least one member of the board shall be a WOMAN. Of the members of the
present board, two shall be designated by the President to continue until December thirty, nineteen hundred and sixty-six
and the other two shall continue until December thirty, nineteen hundred and sixty-nine. In case of any vacancy in the
membership of the Board, a successor may be appointed to serve only for the unexpired portion of the term of the respective
members. (As amended by Republic Act No. 4203, June 19, 1965.)

FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS AND PAROLE

SECTION 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as may be necessary for
carrying out its functions and duties. The Board is empowered to call upon any bureau, office, branch, subdivision, agency
or instrumentality of the Government for such assistance as it may need in connection with the performance of its functions.
A majority of all the members shall constitute a quorum and a majority vote shall be necessary to arrive at a decision. Any
dissent from the majority opinion shall be reduced to writing and filed with the records of the proceedings. Each member
of the Board, including the Chairman and the Executive Officer, shall be entitled to receive as compensation fifty pesos for
each meeting actually attended by him, notwithstanding the provisions of Section two hundred and fifty-nine of the Revised
Administrative Code, and in addition thereto, reimbursement of actual and necessary travelling expenses incurred in the
performance of duties: Provided, however, That the Board meetings will not be more than three times a week. (As amended
by Republic Act No. 4203, June 19, 1965.)

SECTION 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical, mental and moral record
of the prisoners who shall be eligible to parole and to determine the proper time of release of such prisoners. Whenever any
prisoner shall have served the minimum penalty imposed on him, and it shall appear to the Board of Indeterminate Sentence,
from the reports of the prisoner’s work and conduct which may be received in accordance with the rules and regulations
prescribed, and from the study and investigation made by the Board itself, that such prisoner is fitted by his training for
release, that there is a reasonable probability that such prisoner will live and remain at liberty without violating the law, and
that such release will not be incompatible with the welfare of society, said Board of Indeterminate Sentence may, in its
discretion, and in accordance with the rules and regulations adopted hereunder, authorize the release of such prisoner on
parole, upon such terms and conditions as are herein prescribed and as may be prescribed by the Board. The said Board of
Indeterminate Sentence shall also examine the records and status of prisoners who shall have been convicted of any offense
other than those named in Section 2 hereof, and have been sentenced for more than one year by final judgment prior to the
date on which this Act shall take effect, and shall make recommendation in all such cases to the Governor-General with
regard to the parole of such prisoners as they shall deem qualified for parole as herein provided, after they shall have served
a period of imprisonment not less than the minimum period for which they might have been sentenced under this Act for
the same offense.

SECTION 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and in such
manner as may be required by the conditions of his parole, as may be designated by the said Board for such purpose, report
personally to such government officials or other parole officers hereafter appointed by the Board of Indeterminate Sentence
for a period of surveillance equivalent to the remaining portion of the maximum sentence imposed upon him or until final
release and discharge by the Board of Indeterminate Sentence as herein provided. The officials so designated shall keep
such records and make such reports and perform such other duties hereunder as may be required by said Board. The limits
of residence of such paroled prisoner during his parole may be fixed and from time to time changed by the said Board in its
discretion. If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall
not violate any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may issue a final certificate of
release in his favor, which shall entitle him to final release and discharge.

SECTION 7. The Board shall file with the court which passed judgment on the case, and with the Chief of Constabulary, a
certified copy of each order of conditional or final release and discharge issued in accordance with the provisions of the
next preceding two sections.

SECTION 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of surveillance, violate
any of the conditions of his parole, the Board of Indeterminate Sentence may issue an order for his re-arrest which may be
served in any part of the Philippine Islands by any police officer. In such case the prisoner so re-arrested shall serve the
remaining unexpired portion of the maximum sentence for which he was originally committed to prison, unless the Board
of Indeterminate Sentence shall, in its discretion, grant a new parole to the said prisoner. (As amended by Act No. 4225.)

SECTION 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-General as set
forth in Section 64(i) of the Revised Administrative Code or the Act of Congress approved August 29, 1916 entitled “An
Act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine
Islands, and to provide a more autonomous government for those Islands.”

SECTION 10. Whenever any prisoner shall be released on parole hereunder, he shall be entitled to receive the benefits
provided in Section 1751 of the Revised Administrative Code.

Effective on December 5, 1933.

INDETERMINATE SENTENCE LAW PRIMER- Instead of imposing a “straight” penalty, the court must determine
two penalties (maximum and minimum)

I. PURPOSE: To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of
liberty and economic usefulness. Penalties shall not be standardized but fitted as far as is possible to the individual, with
due regard to the imperative necessity of protecting the social order (People v. Ducosin, 59 Phil 109).
II. COVERAGE
A. GENERAL RULE: All persons convicted of certain crimes under Philippine courts
B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons
1. Convicted of offense punishable with death penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or violated the terms of a conditional pardon
8. Persons already sentenced by final judgment at the time this Act was approved (Dec. 5, 1933)
III. APPLICATION
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX (IMPOSABLE)
1. Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary mitigating circumstances
(MC) under Art. 64 and for complex crimes under Art. 48
a. No AC or MC: Penalty PRESCRIBED medium period
b. 1 AC, no MC: Penalty PRESCRIBED maximum period
c. No AC, 1 MC: Penalty PRESCRIBED minimum period
d. Several ACs and MCs: OFFSET then apply rules to remainder
e. No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
f. If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is a necessary means for
committing the other): Penalty for the MOST SERIOUS CRIME maximum period
 2. Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed by the RPC, without
regard to its three periods. The court has discretion to fix as the minimum term any period of imprisonment within
that penalty next lower to the penalty prescribed.

EXCEPTION: WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT follow the

aforementioned rule. Consider the privileged mitigating circumstance FIRST before any AC or MC to get the
PENALTY PRESCRIBED and then proceed as required by the rule on deriving the minimum term. Otherwise, the
maximum of the ISL will end up being lower than the minimum of the ISL.

B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)
1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by the special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed by the special law

EXECUTIVE CLEMENCY

WHAT IS EXECUTIVE CLEMENCY?

It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and Commutation of Sentence
as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole.
It is an act of mercy or leniency from certain consequences of a criminal conviction, and is exercised by the President
after receipt of a recommendation from the BPP.
Executive Clemency under the criminal justice system is the act by an executive member of government of extending
mercy to a convicted individual. In the United States, clemency is granted by a governor for state crimes and by a president
for federal crimes. Clemency can take one of four forms: a reprieve, a commutation of sentence, a pardon and amnesty.

CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the
Congress.

2. Section 5, Article IX (Constitutional Commissions-The Commission on Elections)

No pardon, amnesty, parole, or suspension of sentence for violation of election rules, and regulations shall be
granted by the President without a favorable recommendation of the Commission.

WHO WILL GRANT EXECUTIVE CLEMECY?

It is exercise by the President.
Upon the recommendation of the Board of Pardons and Parole, s/he can grant pardons, commute sentences, or defer
the implementation of sentences.

EXECUTIVE CLEMENCY BASICS

1. It is discretionary;
2. It may not be controlled by the legislature or reversed by the courts unless there is violation of the Constitution; and
3. Executive Clemency must often be requested by application or petition before it is granted. In most jurisdictions,
these applications first must be filed with a reviewing agency such as the state board of pardon and parole before
being seen by the appropriate government head.

WHY IT IS EXTENDED
 In general, Executive Clemency is often extended for humanitarian reasons, such as to an aged and ill inmate who needs
specialized medical care. Inmates who suffer from serious, contagious, or life threatening illness or disease and those
prisoners with severe disability can now be recommended for executive clemency.
The condition of the inmate should be certified “under oath” by a physician of the Bureau of Corrections Hospital and
likewise certified under oath by a physician designated by the Department of Health (DOH
It is also extended in the following instances:
3. When there is real doubt about the guilt of the party.
4. When the sentence given is Apparently excessive
5. When the party is a political or personal friend of the President.
6. To clear the record of some who has demonstrated rehabilitation or public service.

PARDON

WHAT IS PARDON?
It is a form of executive clemency granted by the President of the Philippines as a privilege to a convict as a discretionary
act of grace.
A pardon is the remission of a penalty. It is an act of grace or forgiveness that relieves the person pardoned from some
or all of the ramifications of lawful punishment. A pardon may be conditional or unconditional. Pardons do not erase or seal
a conviction; a pardon forgives guilt. It vested to the Chief Executive (The President) as a matter of power.
Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the
individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private,
though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not
communicated officially to the Court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance.”
Neither the legislative nor the judiciary branch of the government has the power to set conditions or establish procedures
for the exercise of this Presidential prerogative.
When a pardon is granted, the convicted offender is forgiven the crime and its penalty. A head of state or government
generally grants it when the convicted individual has fulfilled his or her debt to society or is somehow otherwise worthy of
being forgiven the crime. A pardon does not erase the conviction, but it can in some jurisdictions remove some of the
disqualifications caused by it.

ABOUT PARDON
1. It is the remission of a penalty.
2. It is an act of grace.
3. It is may be conditional or unconditional.
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its penalty.
6. It is vested to the Chief Executive.
7. It is the private act but official act of the president.
8. It is not communicated officially to the Court.
9. It is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance.
10. Neither the legislative nor the judiciary branch of the government has the power to set conditions or establish
procedures for the exercise of this Presidential prerogative.

TWO TYPES OF PARDON

1. Absolute Pardon-It 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.

PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.
 Absolute Pardon is also granted by a President to an imprisoned president the incumbent has deposed.
Absolute Pardon is granted in order to restore full political and civil rights to convicted persons who have
already served their sentenced and have reached the prescribed period for the grant of Absolute Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within certain limits or conditions; from the
punishment that the law inflicts for the offenses he has committed resulting in the partial extinction of his criminal
liability. It is also granted by the President of the Philippines to release an inmate who has been reformed but is not
eligible to be released on parole.
B. WHAT IS THE EFFECT OF PARDON?
C. While a pardon has generally been regarded as blotting out the existence of guilt so that in the eye of the law the
offender is as innocent as though he never committed the offense, it does not operate for all purposes. The very
essence of a pardon is forgiveness or remission of guilt. Pardon implies guilt. It does not erase the fact of the
commission of the crime and the conviction thereof. It does not wash out the moral stain. It involves forgiveness
and not forgetfulness.
D. The better considered cases regard full pardon (at least one not based on the offender’s innocence) as relieving the
party from all the punitive consequences of his criminal act, including the disqualifications or disabilities based on
the finding of guilt. But it relieves him from nothing more. “To say, however, that the offender is a “new man”, and
“as innocent as if he had never committed the offense;” is to ignore the difference between the crime and the
criminal. A person adjudged guilty of an offense is a convicted criminal, though pardoned; he may be deserving of
punishment, though left unpunished; and the law may regard him as more dangerous to society than one never found
guilty of crime, though it places no restraints upon him following his conviction.”
E. A pardon looks to the future. It is not retrospective. It makes no amends for the past. It affords no relief for what
has been suffered by the offender. It does not impose upon the government any obligation to make reparation for
what has been suffered. “Since the offense has been established by judicial proceedings, that which has been done
or suffered while they were in force is presumed to have been rightfully done and justly suffered, and no satisfaction
for it can be required.”
F.
G. WHAT IS THE CONSTITUTIONAL BASIS OF PARDON?
H. The power to pardon, which is a form of executive clemency, is given to the President under Section 19, Article
VII of the Constitution. It reads: Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final
judgment.
I. He shall also have the power to grant amnesty with the concurrence of a majority of all the members of the Congress.

AMNESTY

WHAT IS AMNESTY
A general pardon extended to a group of persons, such a political offenders purposely to bring about the return of
dissidents to their home and to restore peace and order in the community. It Is generally exercised by the Chief Executive
with the concurrence of congress.
It is an act of sovereign power granting oblivion or general pardon for past offense and rarely, if ever, exercised in favor
of single individual is usually exerted in behalf of certain classes of person who are subjected to trial but not have been
convicted.

NOTA BENE: Amnesty can be availed of before, during and after the trial of the case, even after conviction.

DIFFERENCES BETWEEN AMNESTY AND PARDON

7. As to the number of those who can avail: Pardon includes any crime and is exercised individually by the Chief
Executive, while amnesty is a blanket pardon granted to a group of prisoners, generally political prisoners.
8. As to the Time to Avail: Pardon is exercised when the person is already convicted, while amnesty maybe given before
trial or investigation is done.
9. As to the Consent of Congress: Pardon is granted by the Chief Executive and such as private act, which must plead
and proved by the person pardoned because the court takes no choice thereof. While amnesty is by proclamation with
concurrence of congress, and it is a public act, which the court should take judicial notice.
10. As to the Effect: Pardon is an act of forgiveness, i.e. it relieves the offender from the consequences of the offense,
while amnesty is an act of forgetfulness. i.e. it puts into oblivion the offense of which one is charged so that the person
as if he had never committed the offense.
11. As to the Crime committed: Pardon is granted for infractions of the peace of the State while amnesty, for crimes
against sovereignty of the state (ex. political offense)

Amnesty Pardon
Granted for political offenses Granted for any offense
Granted to classes of persons or communities Granted to individuals

May be granted at any time Granted after final conviction

Need not be accepted Must be accepted

Requires the concurrence of congress Does not need the concurrence of congress

Public act which the court may take judicial notice Private act which must be pleaded and proved by the
person pardoned

Looks backward and puts the offense into oblivion Looks forward and relieves the offender from the
consequences of his offense

COMMUTATION OF SENTENCE

WHAT IS COMMUTATION OF SENTENCE?

The act of the president changing, reducing or mitigating a heavier sentence to a lighter one or a longer term into a
shorter term. It may alter death sentence to life sentence or life sentence to a term of years.
It does not forgive the offender but merely to reduce the penalty pronounce by the court.
It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted
upon the convict, or by decreasing the length of the imprisonment of the original sentence.
A commutation of sentence takes place when the sentence, generally one of imprisonment, is reduced to a lesser penalty
or jail term. This type of clemency does not void the conviction.

SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR BY THE CODE:

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

In other cases, the degree of the penalty is reduced from death to reclusion perpetua.
In Commutation of Sentence consent of the offender is not necessary. The public welfare, not his consent, determines
what shall be done.

WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE?

The Board may review the petition of a prisoner for commutation of sentence if he/she meets the following minimum
requirements:
1. At least one half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate minimum
of his determinate and/or prison terms;
 2. At least ten (10) years for prisoners sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punishable under Republic Act 7659 and other special laws;
3. At least twelve (12) years, for prisoners whose sentences were adjusted to forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as amended;
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act 7659 committed on
or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
5. At least seventeen (17) years for prisoners sentenced to two (2) or more reclusion perpetua or life imprisonment
even if their sentences were adjusted to forty (40) years in accordance with the provision of Article 70 of the Revised
Penal Code, as amended;
6. At least twenty (20) years, for those sentenced to death which was automatically commuted or reduced to reclusion
perpetua.

REPRIEVE

WHAT IS REPRIEVE
Reprieve, in criminal law, the temporary suspension of a sentence, such as a stay of execution, granted a person
convicted of a capital crime. A reprieve is usually granted by the sovereign or chief executive and also, in the United States,
by the governor of a state. In some cases, it may be granted by the court that tried the offender.
It is a postponement of sentence or temporary stay of the execution of sentence especially the execution of the death
sentence. Generally, Reprieve is extended to prisoners sentenced to death.
The date of execution of sentenced is set back several days to enable the Chief to study the petition of the condemned
man for commutation of sentenced or pardon.
A reprieve is given to suspend the execution of a sentence in order to give the prisoner time to find ways to have it
reduced. With respect to capital cases, a reprieve is given to suspend the execution of the death penalty for a period of time
to consider whether or not it should be imposed.

PURPOSE OF REPREIVE
The purpose of the reprieve is generally to allow an investigation into the legality of the conviction or into alleged newly
discovered evidence in favor of the convicted person. A reprieve delays an execution but, unlike a pardon or a commuted
sentence, does not negate a sentence unless the reinvestigation shows that the prisoner has been unjustly tried or sentenced.

GCTA – is a privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment.

Under Art.97, RPC, the GCTA are:

1. 5 days per month during the first 2 years of imprisonment
2. 8 days per month during the 3rd to 5th years of imprisonment
3. 10 days during the following years until the 10th years of imprisonment
4. 15 days during the 11th and successive years

Special Time Allowance for Loyalty (Art. 158, RPC)

A deduction of 1/5 of the period of the sentence of any prisoner who evaded the service of sentence on the occasion
of disorders due to conflagrations, earthquakes, or other calamities shall be granted if he returns to authorities within 48
hours after the president declared that the calamity is over.
- Once granted hall not be revoked.