MODULE 1:INTRODUCTION TO NON-INSTITUTIONAL CORRECTIONS

PROGRAM

WHAT IS CORRECTION?

o 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 define as the STUDY OF JAIL OR PRISON MANAGEMENT
AND ADMINISTRATION as well as the rehabilitation and reformation of
criminals. 

o Further, it is define 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.
DUAL PURPOSE OF CORRECTIONS

o To punish and

o To rehabilitate the offender.

THE CORRECTION IS ONE OF THE PILLARS 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.

1. The BUREAU OF CORRECTIONS (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 these, 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. 
NOTE: 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 a foul with the law.

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.

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 has 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 prison’s 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.
 DISTINCTION BETWEEN INSTITUTIONAL AND NON-INSTITUTIONAL
CORRECTION
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.

Non-Institutional

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.
 MODULE 1 LESSON 2: FORMS OF COMMUNITY-BASED CORRECTION
PROGRAM.

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.

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 expoed 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.

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.

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 selfesteem.

 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.

 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.

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

offenders 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

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 office.

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

 6. It is economical or less costly than confinement to prisons and other institutions
with rehabilitation programs.

Probation is defined:

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.

TERMS TO PONDER
 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.
What is PD 968 probation ?

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.

What is PD 603 all about?

Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code
and issued in December 1974, legally defines special categories of youths, including
youthful offenders, and directs the Ministry of Social Services and Development
(MSSD) to provide comprehensive services to assist in youth development.

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.

ELEMENTS AND CHARACTERISTICS OF PROBATION

 ELEMENTS OF PROBATION

 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.

  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.

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.

 MODULE 2 LESSON 1: THE CONCEPT OF PHILIPPINE
PROBATION SYSTEM

Corrections Probation was first introduced in the Philippines during the American
colonial period (1898-1945) with the enactment of Act 4221 on August 7, 1935 by the
Philippine Legislature. This Law created a Probation Office under the Department of
Justice. However due to some defects in its procedural framework, it was declared
unconstitutional by the Supreme Court on November 16, 1937 after barely two years
of existence.

On August 7, 1935, the Philippine Legislature passed Act No. 4221. This Act created
the Probation Office under the Department of Justice, headed by a Chief Probation
Officer appointed by the American Governor-General with the advice and consent of
the US Senate.

 In 1972, House Bill No.393 intended to establish a probation system in the
Philippines was filed in Congress. This bill avoided the objectionable features of Act
4221 which was the cause of its declaration as unconstitutional. The bill was passed
by the House of Representatives and was pending in the Senate when Martial Law
was declared, and the Congress was abolished.

 Three years after in 1975, the National Police Commission acting on a report
submitted by the Philippine delegation to the 5th United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, created an Interdisciplinary
Committee tasked to formulate a national strategy to reduce crime and to draft a
probation law.

 Eighteen Technical hearings were done over a period of six months involving
international experts in the field of corrections and when presented to a selected
group of jurist, penologist, civic leaders, social and behavioral practitioners, it was
overwhelmingly endorsed the establishment of an Adult Probation System in the
Philippines.

 On the last day of the First National Convention on Crime Control held at Camp
Aguinaldo, Quezon City, Presidential Decree No, 968 also known as Adult Probation
Law of 1976 was signed into law by the President of the Philippines, His Excellency
Ferdinand E. Marcos. The law gave birth to the agency named Probation
Administration, a line agency under the Department of Justice.

The operation of the probation system in 1976-1977 was a massive undertaking

during which all judges and prosecutors nationwide were trained in probation
methods and procedures; administrative and procedural manuals were developed;
probation officers were recruited and trained; and the central office and also the
probation field offices were organized throughout the country. Fifteen probation
officers were selected from the first batch of trainees for an observation tour to the
Los Angeles Training Academy, April 1, 1977. Upon their return, they were assigned
to train the newly recruited probation officers.
The probation system started to operate on January 3, 1978. As more probation
officers were recruited and trained as more probation field offices were opened. At
present there are 183 field offices spread all over the country, supervised by 15
regions.

B. Legal Basis of the Community Corrections

The enabling law that governs the administration and operation of the probation
system in the country is Presidential Decree No. 968, or the Adult Probation Law of
1976.Since its promulgation on July 24, 1976, the Adult Probation Law has
undergone several amendments such as:

Presidential Decree No 1257 approved on December 1, 1977, allowing public

prosecutors to participate in the probation process by directing them to make a
comment on the application for probation.

 Batas Pambansa Blg.76 (BP 76) signed June 9,1980, extending the benefits of
probation to convicted offenders whose prison sentence imposed was six years and
one day. Formerly, it was only for those convicted offenders whose prison sentence
is six years.

Presidential Decree No.1990 promulgated on October 15, 1985 , provided that the
application for probation shall no longer be entertained or granted if the defendant
has perfected an appeal from the judgment of conviction. Further, it also amends BP
76 returning it to six years.

Batas Pambansa - An Act Amending Presidential Decree Numbered Nine Hundred

Sixty-Eight, as Amended, Otherwise Known as the Probation Law.

 On November 21, 1987, a new Administrative Code was adopted by the Philippine
government under Executive Order No. 292.The Code transferred the function of
supervising parolees and pardonees which heretofore were supervised by the trial
courts, to the Probation Administration. Executive Order 292 also changed the name
of the agency to Parole an d Probation in order to reflect the change in its mandate.

In 1991, the Parole and Probation Administration was assigned the new task of
conducting pre-parole and executive clemency investigation in all city and provincial
jails and prepare pre-parole reports for the Board of Pardons and Parole. This new
task was mandated by BPP Resolution No. 229, dated April 2, 1991.

Republic Act 9165 known as the Comprehensive Dangerous Drug Act of 2002
signed on January 23, 2002, which repealed Republic Act 6425, the Dangerous
Drugs Act of 1972 which provides under Section 57 , Probation and Community
Service under the Voluntary Submission Program an after care program in lieu of
imprisonment and or fine.

 On April 28, 2006, Juvenile Justice and Welfare Act of 2006 was signed into a law.
This Act established a comprehensive juvenile justice and welfare system in the
country. Parole and Probation Administration was tasked to develop individualized
probation program appropriate for the correction and rehabilitation of children in
conflict with the law consistent with the objectives of rehabilitation and reintegration
provided in the Act.

C. Organization and Personnel

1 .Organization

The Parole and Probation Administration is a line-bureau type of organization

created under the Department of Justice. To carry out the objectives of the Probation
Law of 1976, the Administration was organized into 15 Regional Offices and
Provincial /City Probation and Parole offices with a total of 183 Probation and Parole
Offices nationwide .

Maximum support is given to the local parole and probation offices which provide
direct services to clients. Relative to this, the Administration has seven divisions
which consists of the following: Administrative, Legal, Finance and Management,
Planning, Community Service, Technical Service and Case Management and
Records.

 Four staff divisions, namely, Administrative, Planning, Finance and Management,

and Legal perform staff function that are primarily designed for the internal affairs of
the Administration’s offices. They are concerned with the day to day operations
essential for the orderly and effective management of the Administration’s activities.

 On the other hand, technical services are done by three divisions namely, Case
Management and Records, Community Service and Technical.

 2. Personnel

     In general, appointments of personnel at Parole and Probation Administration are

in accordance to merit and fitness to be determined as far as practicable by
competitive examination .It is in accordance with the Civil Service Law and Rules.
There are other regulations and standards that may be promulgated by the Career
Executive Service Board for 3rd level position.

     Appointments for the positions of Probation and Parole Officer I to Clerks are
made by the Regional Directors; Probation and Parole Office II to Supervising
Probation and Parole Officer are within the authority of the Probation Administrator;
Chief Probation and Parole Officer are appointed by the Secretary of Justice upon
the recommendation of the Probation Administrator; the Regional Directors, Deputy
Administrator and the Probation Administrator are all appointed by the President of
the Philippines.

 Entry qualification for probation and parole officers are at least 25 years of age,
minimum educational requirement is a bachelor’s degree with a major in social work,
sociology, psychology, criminology, penology, corrections, police administration,
public administration, or related fields and with no criminal record.

 Recruitment of field personnel is done on a region-wide level. Specifically,

applicants who are residents of the area where the vacancy occurs are given first
preference. Only those who meet the requirements of the position being applied for
e.g. age, education, eligibility are allowed to undergo the screening which includes
interviews and psychological testing

3. Training of Personnel

The training unit of the Parole and Probation Administration is primarily responsible
for providing training in specific professional courses and developing programs of
trainers, and such training courses are conducted as in-house programs. Where
there are available specialized trainings offered by other government and or non-
government agencies.,  selected personnel are authorized to attend or enroll in said
programs with fees paid by the Parole and Probation Administration.

4. Main Tasks

 • Post Sentence Investigation

 Alter conviction and sentence, an offender or his counsel files a petition for
probation with the trial court, which in turn orders the probation officer to conduct a
post sentence investigation to determine whether or not an offender may be placed
on probation. The grant of probation is premised upon three conditions:

 1) an application for probation by the offender

 2) an investigation conducted by the probation and parole officer

 3) a determination of by the court that the ends of justice and the best interest of the
public as well as the offender shall be served thereby. The grant of probation in
effect suspends the execution of the sentence of imprisonment.

• Pre-Parole Investigation

Prior to April 19, 1992, probation officers regularly visited provincial and city jails to
explain to prisoners the probation law and its benefits and how they can avail of
these benefits in the event they are convicted and sentenced.

In a Resolution No.229, the Board of Pardons and Parole on April 22, 1991 directed
the Parole and Probation Administration to conduct pre-parole investigation of all
sentenced prisoners confined in prisons and jails within their jurisdiction. The
purpose of which is to determine whether offenders in prison may be qualified for
parole or any form of executive clemency and to discuss with them their plan after
their release. The probation and parole officers submit their pre parole assessment
report to the Board of Pardons and Parole.

Offenders sentenced under the Indeterminate Sentence Law are eligible for parole
after serving their minimum sentence. The Rules of the Board of Pardons and Parole
also provide that they may be considered for conditional pardon after service of one-
half of their minimum sentence.

ACT 4103(  INDETERMINATE SENTENCE LAW )

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. 

• Supervision of Offenders

The Parole and Probation Administration supervises two types of offenders under
conditional release:

(1) Probationers or persons placed under probation by the courts and,

(2) Parolees and Pardonees or prisoners released on parole or conditional pardon

and referred by the Board of Pardons and Parole to the Parole and Probation
Administration.

Before November 1989, parolee and pardonees were supervised by the judges of
the municipal an d city courts within whose jurisdiction these offenders resided. This
function of supervising parolees and pardonees was transferred from the trial courts
to the Parole and Probation Administration by virtue of Executive Order No. 292
which took effect on November 23, 1989.Thereafter, all prisoners released on parole
by the Board of Pardons and Parole were turned over to the Parole and Probation
Administration for supervision.

 With respect to probationers, offenders placed on probation by the courts are turned
over to the Parole and Probation Administration for supervision. The objectives of
probation supervision are to carry out the conditions set forth in the probation order,
to ascertain whether the probationer is following said conditions, and to bring about
the rehabilitation of the probationer and his re-integration into the community. 

Probation and Parole Supervision

TYPES

ELIGIBLE OFFENDER

SENTENCING/AUTHORITY

SUPERVSION/TREATMENT PERIOD

Adult Probation

Persons Under Suspension of Execution of sentence

Criminal Court
Period of is a maximum of Six Years

Parolees

Conditional release of Prisoner from Correctional institution after serving the

minimum prison sentence

Board of Pardons and Parole

Expiration of the Maximum Sentence

Conditional Pardonees

Prisoners who have served at least one half of the maximum of the original prison
term

Office of the President

As recommended by the Office of the President 

2. Conditions of Probation

 The grant of probation is accompanied by conditions imposed by the court.There

are two types of conditions that must be adhere to. These are the general mandatory
conditions and the discretionary conditions which are both incorporated in every
probation order issued by the court.

 2.a Mandatory Conditions The mandatory conditions require that the probationer
shall

(a)  present himself to the probation officer assigned to undertake the supervision at
each place as may be specified in the order within 72 hours from receipt of said
order. and,

(b) report to the probation officer at least once a month at such time and place as
specified by said order.

 2.b Discretionary Conditions Discretionary conditions are those additional conditions

imposed on the probationer which are geared towards his correction and
rehabilitation outside of prison and in the community to which probationer resides.

 The court may require probationer to:

 (a) cooperate with a program of supervision thru a therapeutic community modality

 (b) meet his family responsibilities

 (c) devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer
(d) undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose.;

(e) pursue a prescribed secular study or vocational training;

 (f) attend or reside in a facility established for instruction, creation or residence or

persons on probation;(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit the probation officer or an authorized social worker to visit his home or
place of work

(j) reside at premises approved by it and not to change his residence without prior
written approval ; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience

A violation of any of the conditions may lead either to a more restrictive modification
of the same or the revocation of the grant of probation. Consequent to the
revocation, the probationer will have to serve the sentence originally imposed.

Definition of terms;

Human – a person; living, breathing entities capable of feeling and showing

emotions, such as love, hate, compassion, and indifference.

Human Rights – universal guarantees protecting individuals and groups against

actions which interfere with fundamental freedoms and human dignity

Human Rights Law – laws that obliges the government to do some things to prevent
them from doing others.

Treaty Law – laws that are set out in many international agreements that have been
collectively developed, signed and ratified by members (human rights treaties,
conventions, covenants)

BASIC PRINCIPLES OF HUMAN RIGHTS

1. Universal

 “All human beings are born free and equal in dignity and rights.” It is the duty of
States to promote and protect all human rights and fundamental freedoms,
regardless of their political, economic and cultural systems.

2. Equal and Non-discriminatory 

 The principle applies to everyone in relation to all human rights and freedoms and it
prohibits discrimination on the basis of a list of non-exhaustive categories such as
sex, race, color and so on.
 3. Indivisible

Human rights are indivisible: civil and political rights: the right to life, equality of the
law and freedom of expression; economic, social and cultural rights: the rights to
work, social security and education, or collective rights: the rights to development
and self-determination, are indivisible, interrelated and interdependent.  

4. Interdependent

The improvement of one right facilitates advancement of the others.

The deprivation of one right adversely affects the others.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

Article 1 Right to equality

Article 2 Freedom from discrimination

Article 3 Right to life, liberty, personal security

Article 4 Freedom from slavery

Article 5 Freedom from torture and degrading treatment

Article 6 Right to recognition as a person before the law

Article 7 Right to equality before the law

Article 8 Right to remedy by competent tribunal

Article 9 Freedom from arbitrary arrest and exile (Made by public officer) Illegal
detention (made by civilian)

Article 10 Right to fair public hearing

Article 11 Right to be considered innocent until proven guilty

Article 12 Freedom from interference with privacy, family, home and correspondence

Article 13 Right to free movement in and out the country

Article 14 Right to asylum in other countries from persecution

Article 15 Right to a nationality and the freedom to change it

Article 16 Right to marriage and family

Article 17 Right to own property

Article 18 Freedom of belief and religion

Article 19 Freedom of opinion and information

Article 20 Right to peaceful assembly and association

Article 21 Right to participate in government and in free elections

Article 22 Right to social security

Article 23 Right to desirable work and to join trade unions

Article 24 Right to rest and leisure

Article 25 Right to adequate living standard

Article 26 Right to education

Article 27 Right to participate in the cultural life of the community

Article 28 Right to a social order that articulates this document

Article 29 Community duties essential to free and full development

Article 30 Freedom from State or personal interference in the above Rights 

Both Rights and Obligations

 • Human rights entail both rights and obligations.

 • States assume obligations and duties under international law to respect, to protect
and to fulfil human rights.

 • At the individual level, while we are entitled to our human rights, we should also
respect the human rights of others.

State Obligations

 • RESPECT: States must refrain from interfering with or curtailing the enjoyment of
human rights

. • PROTECT: States must protect individuals and groups against human rights
abuses.

• FULFILL: States must take positive action to facilitate the enjoyment of basic
human rights.