Chapter 5 Commonly Questions About Probation Parole Executive Clemency

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hapter 5
COMMONLY QUESTIONS ABOUT
PROBATION, PAROLE AND EXECUTIVE CLEMENCY
Introduction
It is very common in every narrative we have read, a queries in mind

aroused and answered either by self or by intervention of someone. In this part of
manuscript, compiled those possible questions that may raise-up, especially in the
part of layman’s people which the ultimate goal is let everybody’s knows and
understand what really it is. The following are some of the common questions that
may raise-up on this topic.
What is Probation?
Probation is a privilege granted to a person who is convicted of a criminal
offense to serve his punishment outside prison subject to the conditions imposed
by the sentencing court and to the supervision of Probation and Parole Officer.
Who can apply for Probation?

Any sentenced offender, 18 years of age and above, not otherwise
disqualified, can apply for probation before serving the sentence of imprisonment.
What are the Advantages of Probation?

a. The government spends much less when an offender is released on probation
than that offender be placed behind bars (jails/prisons);
b. The offender and the offender’s family are spared the embarrassment and
dishonor of imprisonment; and
c. The offender is able to continue working and can therefore earn income, pay
taxes and pay damages to the victim of the crime.
How to Apply for Probation?

1. Apply within fifteen (15) days from promulgation of judgment;
2. The court will suspend the execution of sentence and refer the application to
the proper probation office for the conduct of post-sentence investigation
(PSI);
3. The probation officer must submit the Post-Sentence Investigation Report
(PSIR) within sixty (60) days upon receipt but the period may be extended in
meritorious cases for a period that will be approved by the court; and
4. Pending submission of the PSIR and the resolution of the application, the
defendant may be temporarily released under bail or be released on
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recognizance of a responsible member of the community, if defendant is

incapable of posting bail.
May an Accused Who Appealed the Conviction Apply for Probation on
Remand of the Case to the Trial Court?
As a rule, probation and appeal are mutually exclusive remedies. However,
if the judgment of conviction that was appealed imposed non-probationable
penalty and the same was modified through the imposition of probationable
penalty or conviction for a lesser crime, which is probationable, the accused shall
be allowed to apply for probation based on the modified decision before such
decision becomes final. The application for probation based on the modified
decision shall be filed in the trial court, which tried and convicted the accused or in
a trial court where such case has been re-raffled.
May an Accused in a Joint Trial Apply for Probation Even if the Other Co-
Accused Appealed their Conviction?
Yes. In a case involving several defendants where some have taken further
appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of
conviction.
Who are Disqualified from Applying for Probation?

a. Those who are sentenced to serve a maximum term of imprisonment of more
than six (6) years;
b. Those who are convicted of any crime against the national security;
c. Those who have previously been convicted by final judgment of an offense
punished by imprisonment of more than six (6) months and one (1) day
and /or a fine of more than one thousand (Php1,000.00) pesos;
d. Those who have been once on probation under the provisions of this Decree;
and
e. Those who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33 hereof.
Those legally disqualified under special penal laws:

f. Offenders found guilty of any election offense in accordance with Section
264 of B.P. Blg. 881 (Omnibus Election Code);
g. Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization
Act, as amended); and
h. Offenders found guilty of violating R.A. No. 9165, The Comprehensive
Dangerous Drugs Act of 2002, except Sections 12, 14, 17, and 70.
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Can all convicted persons not considered disqualified to undergo probation

avail thereof automatically?
No. The court will not grant probation if, after investigation conducted by
the Probation and Parole Officer, it finds that:
a) the offender can be treated better in an institution or other place for

correction;
b) the offender is a risk to the community; or
c) Probation will depreciate the gravity of the offense committed.
When should an application for Probation be filed?

The application shall be filed with the trial court that tried and sentenced the
offender at any time after conviction and sentence but within fifteen (15) days after
promulgation of judgment.
What will happen if the application for probation is denied?

The offender will be sent by the sentencing court to prison to serve his
sentence.
Can an offender be released while his application for probation is pending?

Yes, at the discretion of the court:
a) on the same bond he filed during the trial;
b) on a new bond; or
c) to the custody of a responsible member of the community if unable to file
a bond (Release on Recognizance)
How long is the period of Probation?

a. Not more than 2 years if the probationer was sentenced to imprisonment of 1
year or less; and
b. Not more than 6 years if the probationer was sentenced to imprisonment of
more than 1 year.
How Many Times can one be Granted Probation?

An offender can be granted probation only once in a lifetime.
What mandatory conditions are imposed by the court during the grant of
probation?
a) Probationer must present himself to his Probation and Parole Officer within
seventy-two (72) hours from receipt of the Order granting probation;
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b) Report to his supervising Probation and Parole Officer at least once a month;
c) Not to commit any other offense;
d) Comply with other conditions imposed by the court.
What will happen if a probationer violates the conditions of probation?
The probation officer investigates the alleged violation and if it is

established, a report is submitted to the court. Depending upon the nature and
seriousness of the violation, there can be modification of the conditions or
revocation of probation by the judge. There is also the possibility of arrest
including criminal prosecution of probationer in the event of commission of
another offense. The revocation proceeding is summary. If the court finds the
probationer guilty of serious violation of the conditions of probation, the offender
may be ordered to serve the original sentence imposed.
What is Parole?
Parole refer to the conditional release of an offender from a correctional
institution after he has served the minimum period of his prison sentence, under the
continued custody of the State and under condition that permit his re-incarceration
if he violated a condition for his release.
Who may grant parole to a prisoner?

The Board of Pardons and Parole, an agency under the Office of the
Secretary of Justice.
Who is eligible for review for grant of parole?

A prisoner’s case shall be eligible for review by the Board of Pardons and
Parole if:
a) he is confined in prison or jail to serve an indeterminate prison sentence, the

maximum period of which exceeds one (1) year, pursuant to a final
judgment of conviction; and
b) he has served the minimum period of said sentence less the good conduct
time allowance earned.
Whenever the Board of Pardons and Parole finds that there is a reasonable
probability that, if released, the prisoner will be law-abiding and that the release
will not be incompatible with the interest and welfare of society
Who cannot be granted parole?

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Generally, those sentenced to a term of imprisonment of one (1) year or less,

or to a straight penalty, or to a prison sentence without a minimum term of
imprisonment.
Who will order the release of a prisoner on parole?

The board of pardons and Parole (BPP) will order the release from
confinement of a prisoner granted parole.
When prisoner is granted a “Discharge on Parole”?

A prisoner may be granted a “Discharge on Parole” whenever the Board
finds that there is a reasonable probability that, if released, he will be law-abiding
and that his release will not be incompatible with the interest and welfare of
society.
What happens if a parolee violates the conditions of his parole?

He shall be rearrested and returned to prison to serve the unexpired portion
of the maximum period of his sentence.
When may parole supervision be terminated?

After the expiration of the maximum period of a parolee’s sentence, the
Board may, upon recommendation of the Probation and Parole Officer, issue a
Certificate of Final Release and Discharge.
What is executive clemency?
Executive Clemency refers to the Commutation of Sentence, Absolute
Pardon, and Conditional Pardon with or without conditions, as may be granted by
the President of the Philippines upon the recommendation of the Board of Pardon
and Parole?
What is Commutation of Sentence?

Commutation of Sentence refers to the reduction of the duration of a prison
sentence.
What is Conditional Pardon?

Conditional Pardon refers to the exemption of an individual within certain
limits or conditions, from the punishment which the law inflicts for the offense he
has committed, resulting in the partial extinction of his criminal liability.
Who May File a Petition for Conditional Pardon?

A prisoner who has served at least one-half (1/2) of the maximum of the
original indeterminate and/or definite prison term
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What is Absolute Pardon?

Absolute Pardon refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition, thereby restring to the
individual this civil and political rights and remitting the penalty imposed for the
particular offense of which he was convicted.
Who may grant Commutation of Sentence and Pardon? The President of the
Philippines
Who may file a Petition for Absolute Pardon?

One may file a petition for absolute pardon after 10 years from the date of
release from prison, 0r 5 years from the date of the expiration of his maximum
sentence, whichever period is more beneficial to the petitioner.
Is a prisoner who is released on Parole or Conditional Pardon with Parole

conditions placed under supervision?
Yes, he is placed under the supervision of Probation and Parole Officer.
Amnesty and pardon distinguished.

1. Pardon includes any crime and is exercise individually by the president;
amnesty is a blanket pardon to classes of person or communities who may guilty of
political offenses.
2. Pardon is exercise when the person is already convicted; amnesty maybe
exercised even before trial or investigation is had.
1. Incapacitation
a. Reduction in the:
 Rate of escapes/jailbreaks among prisoners
 Rate of revocation among probationers.
 Rate of recommitment among youthful offenders
2. Rehabilitation
a. Increase in the:
 Rate of successful termination from probation.
 Rate of successful termination from parole/conditional pardon.
 Rate of successful probation among youthful offenders.
 Rate of payment of Civil Liability among non-custodial offenders.
b. Reduction in the rate of recidivism in the entire correctional system.
Arbitrary Detention (Art. 124 of Revised Penal Code of the Philippines)

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Q: What are the elements of the crime of arbitrary detention?

Ans. 1. Offender is a public officer or employee, 2. He detains a person, and 3.
Detention is without legal grounds.
Q: When is a person considered in detention?

Ans. A person is detained when he is placed in confinement or there is restraint on
his person.
Q: Can there be arbitrary detention even if the victims were not kept in an
enclosure?
Ans. Yes. The prevailing jurisprudence on kidnapping and illegal detention is that
the curtailment of the victim’s liberty need not involve any physical restraint upon
the victim’s person. If the acts and actuations of the accused can produce such fear
in the mind of the victim sufficient to paralyze the latter, to the extent that the
victim is compelled to limit his own actions and movements in accordance with the
wishes of the accused, then the victim is, for all intent and purposes, detained
against his will. (Benito Astorga v. People, G.R. No. 154130, Oct. 1, 2003)
Q: When is detention said to be without legal grounds?

Ans. The detention of a person is without legal ground:
1. When he has not committed any crime or, at least, there is no reasonable ground
for suspicion that he has committed a crime. A valid warrantless arrest (Sec.5, Rule
113, Revised Rules of Court).
2. When he is not suffering from violent insanity or any other ailment requiring
compulsory confinement in a hospital.
Q: Is it necessary that the public officer be a police officer for him to be held liable
for arbitrary detention?
Ans. No. It is important, however, that the public officer must be vested with the
authority to detain or order the detention of persons accused of a crime such as
policemen and other agents of law, judges or mayors.
Note: In arbitrary detention, the offender is a public officer whose functions have
something to do with the protection of life and/or property and maintenance of
peace and order. Thus, if the one, who arrests another
without legal ground, is without authority to do so, like a clerk in the Office of the
Central Bank Governor,
arbitrary detention is not the proper charge but illegal detention.
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Q: Can a barangay chairman be guilty of this crime?

Ans. Yes. He has authority, in order to maintain peace and order, to cause the
arrest and detention of a
person. (Boado, 2008)
Q: Can private individuals be held liable for arbitrary detention?

Ans. Yes, if they conspired with such public officers.
Q: What are the legal grounds for the detention of persons without which a public
officer may be held liable?
Ans. 1. Commission of a crime, 2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a hospital, and 3. When the person to be
arrested is an escaping prisoner
Note: When the peace officers acted in good faith even if the 3 grounds mentioned
above are not obtaining, there is no arbitrary detention.
How to Post Bail for your Temporary Liberty?

Getting out of Jail after an arrest? What you need to know about bail - what
it is, how it's set and how to pay it?
Often, a person's first thought upon landing in jail is how to get out -- and
fast. The usual way to do this is to "post bail." Bail is cash or a cash equivalent that
an arrested person gives to a court to ensure that he will appear in court when
ordered to do so. If the accused doesn't show up or what we call jumps bail in legal
terms, the court keeps the bail and issues a warrant for the arrest of the accused.
Bail can take any of the following forms:

1. Cash or check for the full amount of the bail;
2. Property worth the full amount of the bail;
3. A surety bond (that is, a guaranteed payment of the full bail amount);
4. A waiver of payment on the condition that the accused appear in court at the
required time (commonly called "release on one's recognizance").
How Bail is set?
Public Prosecutors are responsible for setting bail. Because many people
want to get out of jail immediately (depending on when or where you are arrested)
it can take a day or two before you see a judge to approve your Bail and issue an
Order of Release. The Department of Justice (www.doj.gov.ph) set standard bail
schedules which specify bail amounts for all bailable crimes and offenses. An
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arrested person can get out of jail quickly by paying the amount outlined in the bail
schedule.
Unless the charged is punishable by death or life imprisonment and the

evidence of guilt is strong, the 1987 Constitution requires that every person
charged for a crime or offense has the right to post bail which should not be
excessive. This means that bail should not be used to raise money for the
government or to punish a person for being suspected of committing a crime.
Remember: The purpose of bail is to give an arrested person the freedom until that
person is convicted for the crime, and the amount of bail must be no more than
what is reasonably necessary to keep the person of the accused from fleeing before
a case is over.
If a person can't afford the amount of bail on the bail schedule, he or she can
ask a judge to lower it by filing a Motion to Reduce Bail Bond. The accused can
also file a Petition for Bail on the ground that the evidence against him is not
strong, even if the person/accused is facing a non-bailable offense such as Drug
cases, Murder, Rape, and other heinous crimes.
Paying Bail
You can pay the full amount of the bail-in Cash. If you are acquitted, you
can withdraw the Bail that you posted. You can also buy a surety bond or post your
property to pay for your bail.
A bail bond is like a check held in reserve: it represents the person's promise
that he or she will appear in court when required to. The bail bond is purchased by
payment of a non-refundable premium (usually about 15% - 35% of the face
amount of the bond). The Bail Bond can only be posted by a bonding company for
criminal cases duly accredited by the Supreme Court.
A bail bond may sound like a good deal, but buying a surety bond may cost
more in the long run. This is so because you have to renew the surety bond upon its
expiration otherwise, upon motion of the prosecution, a warrant of arrest will be
issued for failure to renew the surety bond. If the full amount of the bail is paid, it
will be refunded (less a small administrative fee) when the case is over and all
required appearances have been made. On the other hand, the 15%-35 premium is
nonrefundable. Also, the bond seller may require "collateral." This means that the
person who pays for the bail bond must also give the bond seller a financial interest
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in some of the person's valuable property. The bond seller can cash in on this
interest if the suspect fails to appear in court.
Other documents Required
There also other documents required to be submitted to the Court so your bail
application will be approved. These are:
1) usual mug shots (Left, Right, Front);
2) Original copy of the Barangay Residence/Certificate with Barangay Seal
stating that you are a bonafide resident of the Barangay for x number of
years;
3) Sketch of your house or a Map and this will be signed by the Barangay
Captain with the Barangay Seal (This is required so you can easily be
located if you do not appear in Court when required);
4) Other Court and Prosecution Clearances stating that you are not being
detained of any other crime/s;
5) Undertaking to Appear when required by the Court; and
6) Waiver of Appearance (This is actually stating that you are waiving your
appearance to appear in Court hearings, unless your appearance is required
by the Court such as during Arraignment, Pre-Trial and Promulgation of
Judgement. As per experience, the Barangay Residence Certifications
requirement is very difficult for foreigners to produce and who are arrested
while visiting the Philippines.
Getting Out of Jail Free
In certain cases, people are released "on their own Recognizance" or to a

reputable person in the community. The accused released on Recognizance must
simply sign a promise to show up in court. He doesn't have to post bail. The
accused commonly requests release on his recognizance at his first court
appearance. If the judge denies the request, he may then ask for reduced bail. In
general, accused who are released on Recognizance have strong ties to a
community, making them unlikely to flee.
Under Revised Rules on Criminal Procedure, the accused may ask the Court
to be Release on Recognizance (1) if he has stayed in Jail for period equal to or
more than the possible maximum imprisonment of the offense charged to which he
may be sentenced; or (2) person has already stayed in jail for a period equal to or
more than the minimum of the principal penalty prescribed for the offense charged.
GUIDE TO EARLY RELEASE OF PRISONERS

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Release On Recognizance
The offender under custody can be released to a responsible person in the

community as provided under Republic Act No. 6036
Who may apply?
 Person charged with the violation of a municipal ordinance.
 Person charged with a light felony.
 Person charged with a criminal offense, the prescribe penalty of which is not
higher than six (6) months (arresto mayor) or a fine of P 2,000.00 or both.
When to apply?
When the offender is committed to any BJMP jail.
Where to apply?
The Presiding Judge of the court.
Release on Bail
Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any
court as required under the conditions provided by the law on bail.
Who may apply?

A person in custody of law.
When to apply?
 Before or after conviction by the Metropolitan Trail Court, Municipal Trail
Court, MTC in Cities and Municipal Circuit Trial Court (MCTC).
 Before conviction by the Regional Trial Court of an offense not punishable
by death, reclusion perpetua or life imprisonment.
Where to apply?
 The court where case is pending. In the absence or unavailability of
the judge, another branch of the same court within the province or
city.
 If accused is arrested in the province, city or municipality other than
where the case is pending, any Regional Trial Court of said place. In
the absence or unavailability of the judge, any Metropolitan Trial
Judge or Municipal Circuit Trial Judge therein.
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 If not yet charged in court, any court in the province, city or

municipality where the person in custody is held.
Preventive Imprisonment
Batas Pambansa Bilang 85 authorizes the release of a detained offender who has
undergone preventive imprisonment equivalent to the maximum imposable penalty
for the offense charge.
Who may apply?
 Detention prisoner who is not a recidivist or who was previously convicted
twice or more times of any crime.
 Detention prisoner who surrendered voluntarily when upon being summoned
for the execution of sentence.
When to apply?
 When the accused has undergone preventive imprisonment for a period
equal to or more than the possible maximum imprisonment of the offense
charged to which he may be sentence and his case is not yet terminated, he
shall be release immediately without prejudice to the continuation of the trial
or the proceeding on appeal, if the same is under review.
 When the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive
imprisonment.
Where to apply?
The Presiding Judge of the Court
Child Youth and Welfare Code (PD 603)

Family Courts Act (RA 8369)
The offender under custody can be released to a responsible person in the

community as provided under Republic Act 6036
A youthful offender (a child, minor or youth) including one who is emancipated in

accordance with law, at the time of the commission of the offense shall be
EXEMPT from criminal liability and shall be committed to the care of his or her
father or mother or nearest relative or family friend in the discretion of the court
and subject to its supervision.
Who may apply?

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 A child nine (9) years of age or under at the time of the commission of the
offense.
 A child over nine (9) years and under eighteen (18) years of age at the time
of the commission of the offense, unless he acted with discernment.
When to apply?
When the person is youthful offender at the time of the commission of the
offense.
Where to apply?
The Court suspended the sentence upon recommendation by the Department of
Social Welfare and Development (DSWD) or other agency or agencies authorized
by the court.
Executive Clemency
Executive Clemency refers to commutation of sentence, absolute pardon and
conditional pardon with or without parole conditions, as may be granted by the
President of the Philippines upon the recommendation of the Board of Pardons and
Parole.
Who may apply?

 A prisoner not eligible for Parole
 Who has not been sentenced to another prison term within one (1) year from
the date of his last recommitment to jail or prison.
 Who is not suffering from a mental illness or disorders certified by a
government psychiatrist.
When to apply?
 Commutation of Sentence – once the prisoner has served at least 1/3 of the
minimum of his indeterminate sentence;
 Conditional Pardon – once the prisoner has served ½ of the minimum of his
indeterminate sentence;
 Absolute Pardon – Ten (10) years must have elapsed from the date of
petitioner’s release from confinement, or five (5) years from the expiration
of his maximum sentence, whichever is more beneficial to him.
Where to apply?
The President of the Philippines, through the Chairman, Board of Pardons and
Parole, Manila.
Parole
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Act 4103, as amended, authorizes the Board of Pardon and Parole to grant
parole to a prisoner who has served the minimum sentenced of his indeterminate
prison term. Parole is a conditional release from prison of a prisoner who has
served part of his sentence, allowing the prisoner to complete to complete his term
of punishment outside the prison if he satisfactorily complies with term of Parole.
Who may apply?
 A convicted offender but not convicted of an offense punished with death

penalty or life imprisonment;
 Not convicted or attempt of misprision or treason, rebellion, sedition or
espionage;
 Not convicted of piracy;
 Not a habitual delinquent;
 Not having escaped from confinement or evade sentence;
 Not granted conditional pardon by the Chief Executive and has not violated
the terms thereof;
 Whose maximum term of imprisonment exceeds one (1) year or those with a
definite sentence;
 Not suffering from mental disorder;
 Whose conviction has become final and executory; and
 With no pending case/s.
When to apply?
Upon proving that the prisoner, who is confined in a jail or prison to serve an
indeterminate prison sentence, has served the minimum period of said sentence.
Where to apply?
The executive director of the Chairman, Board of Pardon and Parole, DOJ
Agencies Bldg., Diliman, Quezon City.
Probation Law (PD 968)

An accused, after conviction and sentence is release subject to conditions
imposed by the court and to the supervision of a Parole and Probation Officer.
Probation is a disposition under which defendant, after conviction and sentence,

is release subject to conditions imposed by the Court and to the supervision of a
Probation Officer.
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Who may apply?
A convicted offender:
 Sentenced to serve a maximum term of imprisonment of not more than six
(6) years;
 Not convicted of subversion, or any crimes against national security or
public order;
 Not previously convicted by final judgement of an offense punished by
imprisonment of not less than one (1) month and one (1) day and or fine of
not less than P200.00;
 Not having been on probation under the provisions of PD 968; and
 Who is yet to serve sentence at the time of substantive provision of PD 968
became applicable.
When to apply?
After conviction and sentence, a convicted offender or his counsel may file a
petition for Probation.
Where to apply?
The Presiding Judge of the court.
What is Probation?
Probation is a privilege granted by the court to a person convicted of a
criminal offense to remain in the community instead of actually going to
prison/jail.
d. The government spends much less when an offender is released on probation
e. The offender and the offender’s family are spared the embarrassment and
f. The offender is able to continue working and can therefore earn income, pay
Who can Apply for Probation?

Any sentenced offender, not disqualified, can apply for probation before
serving their prison/jail sentence.
Where and When Shall the Application may be Filed?

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(PSI);

Accused Appealed their Conviction? Yes. In a case involving several defendants
where some have taken further appeal, the other defendants may apply for
probation by submitting a written application and attaching thereto a certified true
copy of the judgment of conviction.

i. Those who are sentenced to serve a maximum term of imprisonment of more
than six (6) years;
j. Those who are convicted of any crime against the national security;
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k. Those who have previously been convicted by final judgment of an offense

punished by imprisonment of more than six (6) months and one (1) day and /
or a fine of more than one thousand (Php1,000.00) pesos;
l. Those who have been once on probation under the provisions of this Decree;
and
m. Those who are already serving sentence at the time the substantive

1. Offenders found guilty of any election offense in accordance with Section
2. Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization
3. Offenders found guilty of violating R.A. No. 9165, The Comprehensive
Are All Qualified, Convicted Persons Automatically Entitled to Probation?

No. The court will not grant probation if, after investigation the probation
officer finds that:
a. The offender can be treated better in an institution or in other places for
correction;
b. The offender is a dangerous risk to the community; or
c. Probation will lessen the gravity of the offense.
When Probation is Granted, What Conditions are Imposed by the Court?

The probationer must:
a. Appear before the probation officer within 72 hours;
b. Report to the probation officer at least once a month;
c. Not commit another offense; and
d. Comply with any other conditions imposed by the court.
How Long is the Period of Probation?

c. Not more than 2 years if the probationer was sentenced to imprisonment of 1
year or less; and
d. Not more than 6 years if the probationer was sentenced to imprisonment of
more than 1 year.
May the Offender be Released While the Application for Probation is

Pending?
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At the discretion of the court, the probationer may be released:

a. On the same bond filed during the trial;
b. On a new bond; or
c. To the custody of a responsible member of the community (if probationer is
unable to file the bond).

What Happens to a Probationer if the Conditions of Probation are Violated?

Q & A on Parole and Executive Clemency
What is parole?
It is the conditional release of a prisoner from correctional institution after
serving the minimum period of prison sentence.
Who cannot be granted parole?

imprisonment.
Who may grant parole to a prisoner?

Secretary of Justice.
What is Parole?
It is the conditional release of a prisoner from correctional institution after
serving the minimum period of prison sentence.
Who Cannot Be Granted Parole?

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imprisonment.
Who May Grant Parole to a Prisoner?

Secretary of Justice
When May a Prisoner Be Granted Parole?

Whenever the Board of Pardons and Parole finds that there is a reasonable
probability that, if released, the prisoner will be law-abiding and that the release
will not be incompatible with the interest and welfare of society
What Happens if a Parolee Violates the Conditions of his Parole?

The parolee shall be rearrested and recommitted or returned to prison to
serve the unexpired portion of the maximum period of his sentence.
What is Executive Clemency?

It refers to the Commutation of Sentence, Conditional Pardon and Absolute
Pardon maybe granted by the president upon recommendation of the Board.
What is Commutation of Sentence?

It is the reduction of the period of a prison sentence.
What is Conditional Pardon?

It is the conditional exemption of a guilty offender for the punishment
imposed by a court.
What is Absolute Pardon?

It is the total extinction of the criminal liability of the individual to whom it
is granted without any condition whatsoever resulting to the full restoration of his
civil rights.
Who May File a Petition for Conditional Pardon?

A prisoner who has served at least one-half (1/2) of the maximum of the
original indeterminate and/or definite prison term
Who May Grant Commutation of Sentence and Pardon?

The President of the Philippines
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Who May File a Petition for Commutation of Sentence?

The Board may review the petition of a prisoner for commutation of
sentence if the following minimum requirements are met: Ø At least one-third
(1/3) of the definite or aggregate prison terms;

At least one half (1/2) of the minimum of indeterminate or aggregate
minimum of of the
indeterminate prison terms;

At least ten (10) years for inmates sentenced to one (1) Reclusion Perpetua
or one (1) life imprisonment, for crimes/offenses not punishable under Republic
Act No. 7659 and other special laws

At least thirteen (13) years, for inmates whose indeterminate and/or definite
prison term were adjusted to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as
amended;
At least fifteen (15) years for inmates convicted of heinous crimes as defined
in Republic Act No. 7659 committed on or after January 1, 1994 and sentenced to
one (1) Reclusion Perpetua or one (1) life imprisonment;

At least eighteen (18) years for inmates sentenced to Reclusion Perpetua or
life imprisonment for violation of RA 6495, as amended, otherwise known as “The
Dangerous Drugs Act of 1972”, or RA 9165, known as “The Comprehensive
Dangerous Drugs Act of 2002”, and for kidnapping for ransom, or violation of the
laws on terrorism, plunder, and transnational crimes;

At least twenty (20) years, for inmates sentenced to two (2) or more
Reclusion Perpetua or life imprisonment even if their sentences were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of Article
70 of the Revised Penal Code, as amended;
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At least twenty-five (25) years for inmates originally sentenced to death
penalty but which was automatically reduced or commuted to Reclusion Perpetua
or life imprisonment.
Who May File a Petition for Absolute Pardon?

One may file a petition for absolute pardon if the maximum sentence is
served or granted final release and discharge or court termination of probation.
Is a Prisoner Who is Released on Parole or Conditional Pardon with Parole

Conditions Placed Under Supervision?
Yes, the prisoner is placed under the supervision of Probation and Parole Officer.
Q & A on Probation
What is Probation?
Probation is a privilege granted by the court to a person convicted of a
criminal offense to remain in the community instead of actually going to
prison/jail.

a. The government spends much less when an offender is released on probation
b. The offender and the offender’s family are spared the embarrassment and
c. The offender is able to continue working and can therefore earn income, pay
Who can Apply for Probation?

Any sentenced offender, not disqualified, can apply for probation before
serving their prison/jail sentence.
Where and When Shall the Application may be Filed?


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(PSI);

Accused Appealed their Conviction?
Yes. In a case involving several defendants where some have taken further
appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of
conviction.

a. Those who are sentenced to serve a maximum term of imprisonment of more
than six (6) years;
b. Those who are convicted of any crime against the national security;
c. Those who have previously been convicted by final judgment of an offense
punished by imprisonment of more than six (6) months and one (1) day and /
or a fine of more than one thousand (Php1,000.00) pesos;
d. Those who have been once on probation under the provisions of this Decree;
and
e. Those who are already serving sentence at the time the substantive
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1. Offenders found guilty of any election offense in accordance with Section
2. Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization
3. Offenders found guilty of violating R.A. No. 9165, The Comprehensive
Are All Qualified, Convicted Persons Automatically Entitled to Probation?

No. The court will not grant probation if, after investigation the probation
officer finds that:
a. The offender can be treated better in an institution or in other places for
correction;
b. The offender is a dangerous risk to the community; or
c. Probation will lessen the gravity of the offense.
When Probation is Granted, What Conditions are Imposed by the Court?

The probationer must:
a. Appear before the probation officer within 72 hours;
b. Report to the probation officer at least once a month;
c. Not commit another offense; and
d. Comply with any other conditions imposed by the court.
How Long is the Period of Probation?
a. Not more than 2 years if the probationer was sentenced to imprisonment of 1
year or less; and
b. Not more than 6 years if the probationer was sentenced to imprisonment of
more than 1 year.
May the Offender Be Released While the Application for Probation is

Pending?
At the discretion of the court, the probationer may be released:
a. On the same bond filed during the trial;
b. On a new bond; or
c. To the custody of a responsible member of the community (if probationer is
unable to file the bond).
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What Happens to a Probationer if the Conditions of Probation are Violated?

Guide Questions
Multiple Choice:
Direction: Encircle the letter of your choice answer for each of the following
questions.
1. A convicted defendant may disqualify from applying probation based on the

following legal grounds, except ONE.
A. Those who are sentenced to serve a maximum term of imprisonment of
less than six (6) years.
B. Those who are convicted of any crime against the national security.
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C. Those who have previously been convicted by final judgment of an

offense punished by imprisonment of more than six (6) months and one
(1) day and /or a fine of more than one thousand (Php1,000.00) pesos.
D. Those who have been once on probation under the provisions.
2. Bail can take any of the following forms, except ONE.

A. Cash or check for the full amount of the bail.
B. Property worth the full amount of the bail.
C. A surety bond (that is, a guaranteed payment of the full bail amount).
D. A waiver of token on the condition that the accused appear in court at the
required time (commonly called "Discharge on one's token").
3. The offender under custody can be released to a responsible person in the

community as provided under Republic Act No. 6036, except ONE.
A. person charged with the violation of a municipal ordinance.
B. person charged with a grave felony.
C. person charged with a criminal offense and the prescribe penalty of which
is not higher than six (6) months (arresto mayor) or a fine of P 2,000.00 or
both.
D. person charged with a light felony.
4. One of the following in NOT an advantages of probation privileges.

A. The government spends much less when an offender is released on
probation than that offender be placed behind bars (jails/prisons).
B. The offender and the offender’s family are spared the embarrassment and
dishonor of imprisonment.
C. The offender may still enjoy to presume as innocent and able to tighten
friendship to his comrade.
D. The offender is able to continue working and can therefore earn income,
pay taxes and pay damages to the victim of the crime.
5. The probationer must strictly observe the conditions imposed by the Court after
the grant of Probation, except ONE.
A. Appear before the probation officer within 72 hours.
B. Report to the probation officer at least once a month.
C. Not commit another offense.
D. Submit financial statements to his/her Probation Officer.
6. The court will NOT grant probation if, after investigation conducted by the
Probation and Parole Officer, it finds that:
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A. the offender can be treated better in an institution or other place for

correction
B. the offender is a risk to the community
C. Probation will depreciate the gravity of the offense committed.
D. All of the above
7. It refers to the total extinction of the criminal liability of the individual to whom
it is granted without any condition, thereby restring to the individual this civil
and political rights and remitting the penalty imposed for the particular offense
of which he was convicted.
A. Commutation of sentence C. Executive Clemency

B. Amnesty D. Absolute Pardon
8. Except ONE below, arbitrary detention can be happened.
A. He detains a person C. Detention is without legal

grounds
B. None of these D. Offender is a public officer
or employee
9. Legal grounds for the detention of persons which a public officer may NOT be
held liable, except ONE.
A. Commission of a crime.
B. Violent insanity or other ailment requiring compulsory confinement of
the patient in a hospital.
C. When the person to be arrested is an escaping prisoner.
D. None of the above
10.It is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any
court as required under the conditions provided by the law.
A. Surety C. Bond
B. Bail D. Payment
SAMPLE BOARD QUESTION IN NON-INSTITUTIONAL
CORRECTIONS
Multiple Choice:
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Instruction: Select the correct answer for each of the following questions. Write
the letter of your choice on the answer sheet provided.
1. It is a conditional release of a prisoner who has shown good behavior in prison

and serving a part of his sentence.
A. Probation B. Parole
C. Amnesty D. Commutation
2. It is a general pardon granted to groups or class of person usually political

offenders.
3. It is a shonage by the Chief Executive of a longer term of sentence to shorter

one.
4. Aside from the protecting public, imprisonment has for its latest objective:
A. reformation of offender B. segregation offenders

C. deterrence D. penitence
5. It is an act of grace proceeding from the power entrusted with the execution of
the laws which exempt the individual on whom it is bestowed from the
punishment the law inflicted for the crime he has committed.
A. Commutation B. Pardon
C. Parole D. Probation
6. It is a temporary suspension of the execution of sentence, generally applied to

death penalty convict.
A. Commutation B. Reprieve
C. Good Conduct Time Allowance D. Pardon
7. The detention of person pending for their trial is known as:
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A. subsidiary imprisonment B. preventive imprisonment

C. secondary imprisonment D. none of these
8. While probation is granted by the court, parole is granted by:
A. The President B. Congress

C. Board of Pardon and Parole D. none of these
9. Under P.D. 603, the suspension of sentence for youthful offenders are granted
to those offenders who at the time of the commission of the crime are:
A. under 21 years of age B. over 21 years of age

C. under 18 years of age D. over 18 years of age
10.Waiting for the decision of the court on the application for probation, the
offender applying for probation:
A. must stay in prison as detainee B. may be set free without bail

C. may be released on bail or recognizance D. none of these
11.An inmate shall transfer to separation center adjustment process from life in
prison to life in free community within:
A. 60 days prior to release B. 90 days before release

C. 30 days prior to release D. none of these
12.It supplements the efforts of the probation officer to discover and put into
service other resources in the community.
A. Leadership Technique B. Multi-purpose

Technique
C. Executive Technique D. all of these
13.The court may grant probation only:
A. before conviction and sentence B. after arraignment

C. after conviction and sentence D. none of these
14.The investigation report of a probation officer shall be submitted to the court

not later than:
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A. 15 days from receipt of the order B. 30 days from receipt of the

order
C. 60 days from receipt of the order D. none of these
15.An inmate may be granted parole if he:
A. earned good conduct time allowance credit B. served minimum

sentence
C. all of these D. earned good behavior while
serving prison term
16.Upon receipt of the probation officer investigation report, the court shall resolve
the application for probation not later than:
A. 60 days B. 30 days
C. 15 days D. 80 days
17.One of the two lasting contribution made by the reformatory period (1870-
1900) to American Penology is:
A. amnesty B. probation
C. indeterminate sentence and parole D. all of these
18.The Probation Officer is required by law to submit the PSIR within:
19.Under the rules, methods and procedures of Probation the reglementary period
for which the convicted offender may apply for probation after conviction.
20.When the defendant appealed his case and the appeal is perfected, one of the
PD’s will disqualify him for Probation:
A. PD 968 B. PD 1990
C. PD 1257 D. PD 1186
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21.The alternative for jail confinement in modern penology is:
A. parole B. probation
C. pardon D. reprieve
22.Under the rules, methods and procedures of the probation, minor violation of
probationer is tantamount for revocation or modification of the probation
condition:
A. 5 violations B. 3 violations
C. 4 violations D. 6 violations
23.Probation cannot be granted or denied by the court on the following grounds:
A. without the PSIR of the probation officer B. at the discretion of the court
C. because it is a matter of privilege D. all of these
24.Under the law on probation, supervision starts:
A. when the probationer reports to the probation officer

B. within 72 hours
C. upon initial interview of the petitioner
D. after the issuance of the court order granting the probation
25.In the Philippines, we follow the:
A. Multiple concept of probation B. Single concept of Probation

C. none of these D. all of these
26.The substantive provision of the probation law took effect:
A. July 24, 1976 B. January 3, 1978

C. December 1, 1977 D. None of these
27.The merging of the Probation and Parole is mandated by:
A. Executive Order No. 292 B. PD 968

C. PD 603 D. None of these
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28.The need of volunteer Probation Aide based on:
A. More citizen participation and better understanding of the criminal justice

system
B. Probation officers are overloaded with cases
C. All of the above
29.In an interview, the following are involved:
A. probation officer and petitioner B. probation officer, petitioner

and guarantor
C. all of these D probation officer, petitioner
and petitioners’ wife
30.In an interview, the probation officer must do the following:
A. establishes a friendly relationship B. be autocratic

C. controls the interview situation D. both “A” and “C”
31.Involve the release of an offender after conviction but without imprisonment:
C. Pardon D. Amnesty
32.The continuing relationships between probation officer and probationer is

known as:
A. Pre-sentence Investigation B. Supervision

C. Probation Guidance D. Affiliation Guidance
33.The primary purpose of probation is:
A. welfare of the community B. rehabilitation

C. retribution D. consideration
34.Upon receipt of the probation officer’s investigation report, the court shall
resolve the petition for probation not later than:
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35.It provides the opportunity for the penitent offender to reform which might be
less probable when he served prison sentence:
A. parole B. probation
C. Amnesty D. commutation
36.In 1913 a US Law in Wisconsin developed a unique plan of probation

permitting prisoners not dangerous to society to be gainfully employed during
the day while residing is jail:
A. Huber Law B. Harbard Law

C. Tyding McDuffie law D. none of these
37.Supervision starts by virtue of the rules, probation method and procedures at:
A. initial interview of probationer B. upon receipt of the

probation order
C. upon application for probation D. both “B” and “C”
38.In courtesy supervision, termination of probation can be recommended by:
A. probation officer where he came from

B. probation officer supervising the probationer
C. executive judge having jurisdiction over probation officer
D. both “B” and “C”
39.Probation officer shall notify all police agencies by sending a note that
probationer is under his supervision is called:
A. Flash sheet B. Kardex card

C. Chrome Cards or grams D. none of these
40.Travel of the probationer outside the jurisdiction of the city/provincial

probation office shall be approved.
A. more than 30 days B. 30 days

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41.Request for outside travel shall be filed by a probationer with the Probation
Office prior to the date of his intended departure:
42.An act or omission on the part of the probationer is known as:
A. violation of the condition of probation B. deviation from good

behavior
C. ignorance of the Law D. violation of domicile
43.Parolee and Conditional Pardonee supervision is transferred to the Probation

Administration Parolee and Pardonee can be terminated by:
A. Board of Pardon and Parole B. Probation Administration

C. President D. Executive Judge of the city/provincial
probation office
44.Reason for the delay of releasing a prisoner:
A. cannot defray expenses in going home

B. prisoner suffering from mental derangement
C. prisoner failed to return government issued uniform
D. both “A” and “C”
45.Program specifically designed for the prisoner in order to give him an

opportunity to adapt from life in prison to the life in free community:
C. Pre-release D. Amnesty
46.The number of days a prisoner is brought to release quarters prior to release:
47.The prisoner is being brought to release quarters prior to release provided:
A. he has returned the government issued uniform

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B. he is not security risk

C. he is capable of adapting himself to the life of a free community
D. both “A” and “C”
48.Parolees are supervised and managed by –
A. Department of Justice B. Provincial Commander

C. Bureau of Prisons D. Judge
49.The law that fixes the status of a prisoner is –
A. Presidential Decree No. 292 B. Section 1741, RAC

C. Section 1739, RAC D. None of these
50.Parole is exercise/granted by –
A. President B. Board of Pardons & Parole

C. Director of Prisons D. None of these
51.Parole maybe granted if the inmate –
A. finishes minimum sentence

B. finishes considerable portion of sentence
C. has considerable good conduct by reason of good behavior
D. deserves to be released by reason of good behavior
52.Petition for request for pardon is processed by –
A. Director of Prisons B. Board of Pardons and Parole

C. Judge that sentenced prisoner D. Pre-Parole and Pardon
Committee
53.Executive clemency extended to convicted and person who have not yet been
tried by the court is –
A. Reprieve B. Amnesty
C. Pardon D. Commutation
54.The statutory shortening of sentence because of good behavior –
A. Good Conduct Time Allowance B. Commutation

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C. Reprieve D. Pres. Decree 29
55.The pardoning power is exercise by –
A. President B. Director of Prisons

C. Board of Pardon & Parole D. Secretary of Justice
56.Bases for exemption from criminal liability is –
A. age of the offender B. physical liability

C. absence of guilt D. lack of criminal intent
57.Special institution is –
A. 1 class institution
B. institution where homogeneous type prisoners are placed together
C. juvenile institution
D. institution for 1 offender
58.Community correctional institution –
A. alternative to traditional prisons B. Institutional

C. Community services D. all of these
59.Non-institutional
A. pardon B. parole
C. pre-trial release D. all of these
60.A Home detention
A. home for offenders awaiting trial

B. home for offenders awaiting final judgment
C. home that allows juvenile offenders to stay with parents
D. all of the above
61.A Community Arbitration –
A. amicably settle case B. sentence offender

C. prevent misunderstanding D. all of these
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62.A Custody –
A. procedure to prevent escape B. procedures to maintain good

order
C. procedures to hold in control D. all of these
63. The father of Philippine Probation
A. Pres. Ferdinand E. Marcos B. Cong Teodulo C. Natividad

C. Cong. Ramon Bagatsing D. Cong. Ronnie Dadivas
64. The probation Officer is required by law to submit the PSIR within
65. Under rules, methods, procedures of Probation, the reglementory period for
which the convicted offender may apply for Probation after conviction.
66. Under the law on Probation supervision starts –
A. When probationer reports to the Probation Officer

B. Within 27 hours
C. After the issuance of Court order granting Probation
D. None of these
67. Under rules, methods and procedures of Probation supervision starts –
A. Upon initial interview of the Petitioner B. Upon Order of the

Court granting probation
C. Within 72 hours D. When Probationer reports to the
Probationer Officer
68. Probation is a matter of privilege. It becomes a matter of right when –

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A. After the PSIR is submitted to the court B. When his probation is

approved
C. When he filed his petition for probation D. None of these
69. Probation cannot be granted or denied by the Court on the following grounds –
A. Without the PSIR of the Probation Officer B. At the discretion of

the court
C. Because it’s a matter of privilege D. all of these
70.The need for Volunteer Probation Aide is based on:
A. Probation Officers are overloaded with cases

B. More citizens’ participation and better understanding of criminal system
C. All of the above
71. In the interview the Probation Officer must do the following:
A. Established a friendly relationship B. Be autocratic

C. Control the interview situation D. be considerate
72. The continuing relationship between Probation Officer and probationer is

known as –
A. Pre-sentence investigation B. Supervision

C. Orientation D. Correlation
73. It is the branch administration of criminal justice charged with the

responsibility for the custody, supervision, and rehabilitation of the convicted
offender.
A. Police B. Prosecution
C. Court D. Corrections
74. It is the temporary custody of a person or the detention of a person for his own
protection or care, to secure from liability to harm, injury of danger.
A. Segregation B. Incarceration
C. Preventive Imprisonment D. Safekeeping
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75. It is a security facility for a temporary detention of persons held for

investigation or awaiting preliminary hearing.
A. Ordinary jail B. Workhouse

C. Lock-up D. Jail farm
76.It is a warrant issued by a court, bearing its seal and the signature of the judge,
directing the jail or prison authorities to receive the convicted offender for the
service of sentence imposed therein.
A. Safekeeping B. Preventive Imprisonment

C. Proselytizing D. Mittimus
77. The Bureau of Jail Management and Penology is under the –
A. DSWD B. DOJ
C. DILG D. DOH
78. The Provincial jail is under the –
A. Bureau of Corrections B. Bureau of Jail

Management and Penology
C. Office of the Provincial Governor D. Philippine National Police
79.The PD 968 otherwise known as the Adult Probation Law of 1976 was signed
by the President Ferdinand E. Marcos on
A. July 24, 1976 B. July 24, 1978

C. July 23, 1976 D. July 23, 1978
80. The Adult Probation Law of 1976 took effect on
A. July 24, 1976 B. January 3, 1978

C. January 2, 1978 D. July 23, 1978
81. The Probation Administration is under the
A. Department of Justice B. Department of National

Defense
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C. Department of Correction D. Department of Social

Welfare
82. Who is considered as the “father of Probation” in England?
A. John Augustus B. Matthew Davenport Hill

C. Caesar Lombroso D. Augustus Port Hill
83. The enactment of the First Probation Law occurred in
A. England B. Philippines
C. Massachusetts D. Japan
84. Who is considered as the “father” of Probation in the Philippines?
A. Ramon Bagatsiing B. Ferdinand E. Marcos

C. Teodulo C. Natividad D. Jose de Vera
85. An act grace which exempts the individual on whom it is bestowed from the
punishment which the law inflicts for the crime he has committed is
A. Pardon B. Parole
C. Probation D. Amnesty
86.An adult penal institution used for the detention of law violators is the
A. Prison B. Alcatraz
C. jail D. Correctional Institution
87. It is a conditional release after the prisoner has served part of his sentence in
prison.
A. Pardon B. Parole
88. It is an institution for the confinement of sentenced prisoners serving

imprisonment of more than three years.
A. Jail B. Rehabilitation Center

C. Prison D. Correctional Institution
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89. An act of clemency by which an executive act changes a heavier sentence to a

less serious one or long term to a shorter term is
A. Amnesty B. Reprieve
C. Commutation D. Pardon
90. A general pardon extended to groups of persons and is generally exercised by
executive clemency with concurrence of Congress is called
A. Amnesty B. Pardon
91.The pre-parole investigation and supervision is being undertaken by the
A. Sandiganbayan B. Parole and Probation

Administration
C. Regional Trial Court D. Board of Parole and Pardon
92.To be qualified for probation the maximum term of imprisonment should be
A. less than 6 years B. 6 years

C. 6 years and one day D. 2 years
93. What do you call a person placed on probation?
A. Parolee B. Probationer
C. Pardonee D. Petitioner
94.From receipt of the court referral, the Post Sentence Investigation Report is
submitted by the Probation Officer within
95. It was used in England and in the United States of America in the 19th century
to release the offenders on promise of good behavior is called
A. Bail B. Recognizance
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96. A reorientation or reinstruction of the individual with a view of preventing a

repetition of the deviation without the necessity of taking punitive action is
defined as
A. Punishment B. Correction
C. Recognizance D. Imprisonment
97.An offender to be entitled to probation under PD 968 must satisfy one of the
following:
A. Sentenced to serve a maximum term of imprisonment of more than six

years
B. Convicted of any offense against the security of the state.
C. Had been once on probation under this Decree.
D. Sentenced to serve a sentence of less than six years and that the offender
shall apply for probation after the sentence.
98. The main difference between a probationer and a parolee is that
A. The former has party served his sentence.

B. The later has not served any part of his sentence.
C. The former has not served any part of his sentenced.
D. Probation is extended by a Board.
99. An offender under Probation and another on Parole have this in common:
A. Both have not served their sentence B. Both have to apply for
probation or parole
C. Both have been sentenced by the court D. Both committed serious
offense
100. P.D. 968 dated 24 July 1976 established a Probation system in the country
and an administering office known as the Probation Administration. This office
is presently under:
A. Department of National Defense B. Department of Local

Government
C. Office of the President D. Department of Justice
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101. Popularly known as the probation of young offenders, who is committed to

the custody and care of the department of social welfare, or to any institution
operated by the government.
A. PD 968 B. Indeterminate sentence law

C. PD 603 D. Revised family code
102. A person who is convicted by final judgment and classified as insular,

provincial, city and municipal prisoner.
A. Parolee B. Probationer
C. Pardonee D. Prisoner
103. PSIR in PD 968, as amended means.
A. Pre-sentence Investigation Report B. Past-sentence Investigation

Report
C. Post-sentence Investigation Report D. None of these
104. The fourth pillar of the Phil. Criminal Justice System
A. Community B. Correction
C. Court D. Police
105. The modern method of punishment.
A. Probation B. Pardon
C. Parole D. All of these
106. A general pardon extended and granted to group of law violators usually
those who committed political crime with the concurrence of the law making
body is.
A. Pardon B. Parole
C. Commutation D. Amnesty
107. It is one of which if granted wipes away the guilt of the grantee without any
condition attach to it.
A. Absolute pardon B. Conditional pardon

125
C. Commutation of sentence D. Amnesty
108. It is the statutory shortening of the maximum sentence which the prisoner
serves because he has good behavior while in prison.
A. Commutation B. Good Conduct Time Allowance

C. Probation D. Parole
109. A child, minor or youth including one who is emancipated in accordance

with law, who is over 9 years but under 18 years of age at the time of the
commission of the offence.
A. Youthful offender B. Youth

C. Delinquent offender D. Neglected child
110. A person place on probation is called
A. Petitioner B. Probationer
C. Parolee D. Pardonee
111. A convicted defendant who filed a formal application for probation.
A. Petitioner B. Prosecutor
C. Lawyer D. Clerk of Court
112. The filing of petitioned for probation shall be deemed a waiver of the right
to _____?
A. vote B. to go
C. appeal D. speak
113. Republic act No. 6036
A. Adult Probation Law C. Child and Youth Welfare

Code
B. Release on Recognizance Law D. Indeterminate
Sentence Law
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114. A mechanism whereby a person accused of crime may be released on his

own strength pending trial of his case of the assurance of a refutable person in
community that he will appear if called during that trial to testify.
A. Recognizance B. Parole
115. The only person who is authorized by law to grant GCTA to qualified
prisoners because of good behavior and conduct while serving sentence.
A. Director of the BuCor C. Sec. Of justice

B. Admin. of parole and probation D. Chairman of BPP
116. It is the deduction of one fifth (1/5) of the period of the sentenced of a
prisoner if he, having evaded the service of his sentence because of calamity or
any disorder under Art. 158, RPC gives himself up to the authorities within 48
hours following the issuance of a proclamation regarding the passing away of
the calamity.
A. Good Conduct Time Allowance C. Probation

B. Special Time allowance for loyalty D. Parole
117. A privilege granted by the court to a person convicted of criminal offense to

remain in the community instead of actually going to prison subject to the
conditions imposed by the court and to the supervision of the probation officer.
A. Good Conduct Time Allowance B. Probation

C. Parole D. Conditional Pardon
118. Its objective to provide an opportunity for the reformation of the penitent
offender, which might be less probable if he were to serve a prison sentence.
A. Reprieve B. Absolute Pardon

119. A person who is under Probation is called…
A. Probationer B. Probation
C. Petitioner D. None of these
127
120. A person who is charged of the responsibility top investigates and

supervises a person who is placed under probation is called…
A. Police Officer B. Parole Officer

C. Probation Officer D. Correctional Officer
121. What happens to a person who is placed under probation, if the conditions
of probation are violated?
A. He will be released on parole

B. He will be sent to church to confess
C. He will be given an amnesty
D. He will be sent to jail to serve his sentence once found guilty of the
violation
122. When probation is granted, which of the following is NOT a condition

imposed by the court?
A. He must present himself to his supervising officer within seventy (70)

hours.
B. Report to his supervising Officer in Charge of his supervision at least
once a month.
C. Not commit any other offense.
D. Comply with any other conditions imposed by the court
123. Which of the following convicted persons who is QUALIFIED to avail the
benefits of probations?
A. Convicted persons of crime sentenced to serve a maximum sentence of

more than six years.
B. Those that have been previously on probation.
C. Those who are serving his sentence.
D. Those who are first-time offender with a sentence of Six (6) years below.
124. PD 968, as amended is known as?
A. Adult Probation Law C. Youth Probation law

B. Indeterminate Sentence Law D. None of these
125. Which of the following is NOT the purpose of PD 968, as amended?

128
A. To promote the correction and rehabilitation of an offender by providing him

with individualized treatment.
B. To provide an opportunity for the reformation of penitent offender this might be
less probable if he was to serve a prison sentence.
C. To prevent the commission of another offense
D. Uplift and redeem valuable human material to economic usefulness.
126. Which of the following is QUALIFIED to apply for Probation?
A. Those who are sentenced to serve a maximum term of more than six (6)
years.
B. Those who are sentenced to serve a maximum term of six (6) years and
below.
C. Those who are sentenced to serve a maximum term of six (6) years and
one (1) day.
D. None of these
127. Under PD 968, as amended, who is authorized to grant or deny probation?
A. The board of pardons and Parole

B. The trial Court Judge before the Probation Officer submits a PSIR
C. The trial Court Judge after the Probation Officer submits a PSIR
D. The President of the Philippines
128. Who can apply for Probation under PD 968, as amended?

A. A sentence offender, 18 years of age and above not otherwise disqualified
under the law before he serves his sentence which may either
imprisonment and fine with subsidiary imprisonment, or both
imprisonment and fine.
B. Any sentence offender below 18 years old.
C. Any sentenced offender who is already serving his sentence.
129. How many times can a person be granted probation?
A. Only once in his life time B. As many as he can

C. twice for every ten (10) years D. None of these
130. Under PD 968, as amended ROR is

129
A. Release on Recognizance C. Police Blotter Report

B. Releasing on Recognizance D. None of these
131. There are three (3) casework techniques applied by the parole officer, which
one is NOT.
A. The trick and treat techniques C. The guidance, counseling and

leadership techniques
B. The executive techniques D. The manipulative
techniques
132. Pardon cannot be extended to one of the following instances.
A. Murder C. Brigandage
B. Rape D. Impeachment
133. Forms of executive clemency, EXCEPT
A. commutation C. reform model

B. amnesty D. probation
134. It is that branch of the administration of Criminal Justice System charged

with the responsibility for the custody, supervision, and rehabilitation of the
convicted offender.
A. conviction C. corrections
B. penalty D. punishment
135. Pardon cannot be exercised in which of the following instances, except

ONE.
A. before conviction C. before trial

B. after conviction D. before conviction and before
trial
136. Pardon is exercised when the person is ________________.
A. already convicted C. not yet convicted

B. about to be convicted D. serve the sentence
130
137. For amnesty to be granted, there should be _________________.
A. Recommendation from U.N. C. Recommendation from C.H.R.

B. Application D. Concurrence of the congress
138. The purpose of the decree on probation shall be to
A. provide an opportunity for the reformation of a penitent offender which might be

less probable if he were to serve a prison sentence.
B. Prevent the commission of offenses
C. Promote the correction and rehabilitation of an offender by providing him with
individualized treatment
D. All of the above
139. Under Article VII, Section 10 paragraph (B) of the Philippines Constitution,
pardoning power is vested with the…
A. Department of Justice C. Judiciary

B. Chief Executive D. Legislative
140. It is a temporary stay of execution of sentence.
A. reprieve C. pardon
B. communication D. amnesty
141. Parole is not matter of _______________.
A. privilege C. right
B. grace D. requirement
142. Parole is granted by the…
A. President C. Board of Pardons and Parole

B. Director of Prison D. Court
143. A recipient of absolute pardon is ________ from civil liability imposed

upon him by the sentence.
A. partially exempted C. exempted

B. conditionally exempted D. not exempted
131
144. It is an act of clemency which changes a heavier sentence to a less serious

one or a longer term to a shorter term.
A. Amnesty C. commutation
B. Reprieve D. none of these
145. ____________ is an act of grace and the recipient is not entitled to it as a

matter of right.
A. Pardon C. Parole
B. Probation D. None of these
146. In probation system’s philosophy and concept, it is stated that the individual
has the ability to _________ and to modify his anti-social behavior with the
right kind of help.
A. challenge C. none of these

B. change D. aggravate his behavior
147. What is the act of grace from a sovereign power inherent in the state which
exempts an individual from the punishment which the law imposes or
prescribes for his crime, extended by the President thru the recommendation of
the Board of Parole and Pardon?
A. Amnesty C. Parole
B. Pardon D. Probation
148. An inmate maybe granted parole if he –
A. earned good conduct time allowance credit C. earned good behavior

while serving prison term
B. serve minimum sentence D. all of these
149. The form of conditional release that is granted after a prisoner has served a
portion of his sentence in a correctional
A. Conditional pardon C. Probation

B. Parole D. Commutation
132
150. Which of these is known as the Adult Probation Law, which grants
probation to prisoner sentenced to term in prison of not more than six (6) years
–
A. PD 603 C. RA 6127
B. PD 869 D. PD 968
151. Those who have been once on probation under the Probation Law:
A. are qualified to apply for probation C. are disqualified to apply for

probation
B. may be granted for another probation D. should be confined in
prison
152. This pillar/component of our criminal justice system is responsible in the

confinement, rehabilitation and reformation of convicted offenders.
A. law enforcement C. prosecution

B. court D. corrections
153. The attempt to prevent future crimes through fear of punishment.
A. retribution C. deterrence
B. incapacitation D. rehabilitation
154. The task of changing an offender’s attitude so that he or she may not
commit another crime in the future.
A. retribution C. deterrence
155. This refers to the phased re-entry of an offender into society rather than the
usual abrupt re-entry at the end of a prison sentence.
A. reintegration C. deterrence
156. An attached agency of the Department of Justice which provides a less

costly alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs.
133
A. BJMP C. Bureau of Corrections

B. Provincial Government D. Parole and Probation
Administration
157. An alternative granted after a convicted person served a part of his sentence
and is allowed to complete a sentence at large, subject to restrictions and
supervision.
A. probation C. work release

B. parole D. halfway houses
158. An alternative to incarceration and allows convicted persons to remain at

large under varying degrees of restriction and supervision and certain
conditions.
A. probation C. work release

B. parole D. halfway houses
159. Which of the following is exercised by executive elementary with the

concurrence of congress?
A. Probation C. Pardon
B. Amnesty D. Parole
160. The Parole and Probation Administration administers a

________corrections program.
A. Institutional C. Integrated
B. Community-based D. Traditional

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83

It is very common in every narrative we have read, a queries in mind

Who can apply for Probation?

What are the Advantages of Probation?

How to Apply for Probation?

recognizance of a responsible member of the community, if defendant is

Who are Disqualified from Applying for Probation?

Those legally disqualified under special penal laws:

Can all convicted persons not considered disqualified to undergo probation

a) the offender can be treated better in an institution or other place for

When should an application for Probation be filed?

What will happen if the application for probation is denied?

Can an offender be released while his application for probation is pending?

How long is the period of Probation?

How Many Times can one be Granted Probation?

What will happen if a probationer violates the conditions of probation?

The probation officer investigates the alleged violation and if it is

Who may grant parole to a prisoner?

Who is eligible for review for grant of parole?

a) he is confined in prison or jail to serve an indeterminate prison sentence, the

Who cannot be granted parole?

Generally, those sentenced to a term of imprisonment of one (1) year or less,

Who will order the release of a prisoner on parole?

When prisoner is granted a “Discharge on Parole”?

What happens if a parolee violates the conditions of his parole?

When may parole supervision be terminated?

What is Commutation of Sentence?

What is Conditional Pardon?

Who May File a Petition for Conditional Pardon?

What is Absolute Pardon?

Who may file a Petition for Absolute Pardon?

Is a prisoner who is released on Parole or Conditional Pardon with Parole

Amnesty and pardon distinguished.

Arbitrary Detention (Art. 124 of Revised Penal Code of the Philippines)

Q: What are the elements of the crime of arbitrary detention?

Q: When is a person considered in detention?

Q: When is detention said to be without legal grounds?

Q: Can a barangay chairman be guilty of this crime?

Q: Can private individuals be held liable for arbitrary detention?

How to Post Bail for your Temporary Liberty?

Bail can take any of the following forms:

Unless the charged is punishable by death or life imprisonment and the

Getting Out of Jail Free

In certain cases, people are released "on their own Recognizance" or to a

GUIDE TO EARLY RELEASE OF PRISONERS

The offender under custody can be released to a responsible person in the

Who may apply?

 If not yet charged in court, any court in the province, city or

Child Youth and Welfare Code (PD 603)

The offender under custody can be released to a responsible person in the

A youthful offender (a child, minor or youth) including one who is emancipated in

Who may apply?

Who may apply?

Who may apply?

 A convicted offender but not convicted of an offense punished with death

Probation Law (PD 968)

Probation is a disposition under which defendant, after conviction and sentence,

Who may apply?

Who can Apply for Probation?

Where and When Shall the Application may be Filed?

How to Apply for Probation?

May an Accused Who Appealed the Conviction Apply for Probation on