Module 1 LESSON 3

PDLs Admission Process and Procedures

ADMISSION AND CONFINEMENT OF INMATES (BUCOR) GUIDELINES

Search of PDL and Personal effect:

Upon admission, the PDL shall be searched thoroughly. He shall be allowed to retain in his possession only
such articles as authorized by the prison administration;

A list of all articles taken from the PDL shall be entered in the PDL record and receipted for by the guard in
charge thereof;

All articles taken from the PDL shall be returned to him upon his discharge unless previously disposed of at
the PDL’s request or ordered condemned by the Superintendent after a lapse of two (2) years.

Confiscation of Contraband
Narcotics and all other prohibited drugs or substances; All types of weapons, substances or chemicals that
may cause injury to persons; Other items or articles which a PDL is not allowed to possess under prison
rules shall be considered as contraband and shall be confiscated accordingly.

Receiving/Admission
A PDL shall be received at the Assessment Rehabilitation Program Development and Monitoring Division
(ARPDMD) for New Bilibid Prison and in the Reception and Diagnostic Center (RDC) for other operating
prison and penal farms upon presentation of the following documents:
a. Mittimus/Commitment Order of the court;
b. Information and Court decision in the case;
c. Certificate of Detention, if any; and
d. Certificate that the case is not on appeal.
A female PDL shall only be received at CIW.

Form of mittimus/commitment order

• It shall be under the signature of the judge;
• It shall bear the seal of the court; and
• It shall be duly attested by the Clerk of Court.
Registration Sheet A prison shall keep a bound registration sheet wherein all commitments shall be
recorded chronologically. The register shall contain the following entries:
a. Name of PDL;
b. Reason for commitment and the authority thereof;
c. Sentence;
d. Date and hour of admission; and
e. Date and hour of discharge or transfer and basis thereof.
Admission process
After registration, the PDL shall be:
a. Photographed, front and side view;
b. Fingerprinted;
c. Assigned a permanent prison number; and
d. The male PDL shall then be given a regulation haircut and his beard/mustache, if any, shall be shaven off.
Hairpieces
A PDL may not wear a wig or artificial hairpiece, unless medical authorization to do
so is approved by the Superintendent.

Place of Admission
A PDL shall be placed in an area that is physically separated from the general prison population.
Issuance of Provisions
The newly-admitted PDL shall be issued two (2) regulation uniform t-shirts.
Whenever practicable, he shall also be issued the following items:
a. One (1) blanket;
b. One (1) mat;
c. One (1) pillow with pillow case;
d. One (1) mosquito net;
e. One (1) set, mess kit; and
f. One (1) pair, slippers.

RECEPTION PROCEDURES IN BJMP

RECEPTION PROCEDURES - A decent and humane program of confinement starts with a systematic
reception of inmates for commitment to the BJMP’s jail facilities. The following procedures should
therefore be observed:
A. Gater - He or she checks the credentials of the person bringing the inmate/the committing officer to
determine his/her identity and authority. Also, he or she reviews the completeness of the following
documents before the person bringing an inmate/the committing officer is allowed to enter the facility.

The documents mentioned earlier refer to the:

1. Commitment Order;
2. Medical Certificate – recent medical certificate taken within 24 hours prior to
admission;
3. Complaint/Information;
4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.
Additionally, the "gater" shall subject the person to be committed and his/her
escorts for search and inspection as prescribed. Finally, he or she (gater) refers the
person to be committed and his or her escorts to the Records Unit.

B. Records Unit- This unit examines the completeness and authenticity of the requirements for
Commitment (Commitment Order, Booking Sheet, Arrest Report and Information) before it refers the
inmate for physical examination by the Health Unit.

C. Health Unit:
1. Checks the authenticity of the entries in the medical certificate; conducts thorough physical examination
of the inmate to determine his or her true physical condition; and asks searching questions to determine
injury/injuries found to have been sustained by the inmate after the conduct of medical examination or those
injuries not diagnosed prior to commitment in jail. Inmate is required to undress while undergoing medical
examination. A female inmate shall be examined by female health personnel.
A male inmate may be examined by either male or female health personnel;

2. In case of any discrepancy found during physical examination but same discrepancy is not indicated in the
medical certificate, the committing officer shall be required to secure another medical certificate of the
inmate. The commitment of an inmate shall be held in abeyance pending the submission of a new medical
certificate with findings congruent to the medical findings of the jail physician/nurse. The reason for the
deferment of commitment shall be recorded in the jail blotter. In case the committing officer fails to return
the inmate to jail within twenty-four (24) hours, the reasons for the deferment of commitment and the
grounds thereof shall be reported immediately to the court that issued the commitment order;

3. In the absence of a jail nurse/medical personnel, the receiving officer shall refer the person to be
committed to the nearest government health facility for medical evaluation (check the medical certificate
and observe the mental alertness, physical abnormalities and the overall appearance of the inmates); and
4. If no discrepancy is found during physical examination, the inmate shall be referred
back to the Records Unit.

D. Records Unit -Receives the inmate and the documents from the committing officer and conducts the
following:
1. Start the booking procedures:
a. Accomplish the jail booking sheet; 25
b. Strip-search the inmate to check for any birth marks, tattoos, etc;
c. Encode the inmate's information to the NIMS;
d. Fingerprint and photograph the inmate with mug shot background; and
e. List the names of the visitors authorized by the inmate.

2. Apprise the inmate in a dialect that he/she understands of the provisions of Art 29
of the RPC which was further amended by R.A. 10592; (Refer to ANNEX “A”)
3. Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by
the same disciplinary rules imposed upon convicted inmates. Otherwise, the warden
issues a certification under oath manifesting that the inmate was apprised of the
provision of Art 29 of the RPC as amended and refused to abide by the same; and
4. Store all documents in the Inmate’s Carpeta.

E. Property Custodian
1. Checks the inmate’s belongings for presence of contraband. Discovery of any contraband shall be treated
in accordance with existing policies.

2. Takes all cash and other personal properties from the inmate, lists them down on a receipt form with
duplicate, duly signed by him/her and countersigned by the inmate. The original receipt should be given to
the inmate and the duplicate be kept by the Property Custodian.

3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be turned
over to any person authorized by the inmate.
4. Refers the inmate to the desk officer.

F. Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate to a reception
area, if any, where he/she shall be scheduled for orientation on jail rules and regulation, and shall undergo
risk assessment and classification, evaluation and conduct of further medical evaluation/screening by the
Medical Officer.

G. Assistant Warden or Officer of the Day - Orients the newly committed inmates
on jail rules and regulations using the Inmate’s Orientation Sheet.

H. Jail Warden - Coordinates with concerned agencies regarding the case of inmate
for speedy disposition and to furnish them with copies of the available needed
documents. The jail warden shall see to it that all concerned agencies and persons will
be informed of the commitment of the inmate in his/her jail by submitting a written
report. Through his/her paralegal officer, he/she shall ensure that the courts and
prosecutors’ office are attending to the case of the inmate by constantly coordinating
with them for the purpose of speeding up the disposition of the case. For this purpose,
the sharing of nonconfidential information with the concerned agencies is encouraged.
The following agencies/persons shall be notified by the warden upon commitment of
the inmate:
1. Presiding Judge - (monthly submission of list of committed inmates to the
presiding judge is mandatory) 2. Executive Judge/ Clerk of court - (monthly submission of committed
inmates is mandatory)
3. PNP - mandatory
4. NBI - mandatory
5. Family - mandatory
6. PAO lawyer - in case of indigent inmate
7. IBP legal aide - in case of indigent inmate and unavailability of PAO lawyer
8. Private lawyer - upon request
9. Priest or religious minister - upon request
10. Private physician - upon request
11. Commission on Human Rights - as needed/to submit list of committed inmates
monthly
12. Public physician - as needed
13. Psychologist/Psychiatrist - as needed
14. Embassy - mandatory in case of foreign national/alien
15. DSWD - mandatory in case of CICL
16. Court/Other branches - in case of multiple cases

MODULE 2
LESSON 1 Treatment Programs and Rehabilitation of BUCOR & BJMP

 Work and Livelihood

The Bureau offers a variety of inmate work programs, from agricultural to industrial. The purpose of the
inmate work program is to keep the inmates busy, and to provide them money for their personal expenses
and their families as well as help them acquire livelihood skills, in order that they may become productive
citizens once they are released and assimilated back into the mainstream of society.
Different prison and penal farms provide institutional work programs for inmates. At the Davao Penal
Colony, inmates work on the banana plantations of Tagum Development Company (TADECO) which has a
joint venture agreement with the Bureau. Similarly, the vast tracts of land at the Iwahig Penal Colony are
developed and tilled by inmates to produce various agricultural products, thereby generating income for the
Bureau. The Sablayan Prison and Penal farm also provides agriculture
and aquaculture programs for inmates. Along this end, the Bureau under the present Director has encouraged
agricultural and industrial production by providing farming implements, tractors,
fertilizers and other inputs in order to sustain this area of rehabilitation for inmates.

 Sports and Recreation

The inmates enjoy sunrise by participating in daily calisthenics. There are various indoor and outdoor sports
activities, programs, tournaments and leagues all year round, to include basketball, volleyball, billiards, table
tennis and chess. These sports competitions promote camaraderie among inmates, good sportsmanship and
team-building. The latest addition is the newly constructed indoor sports
center/gymnasium at the Maximum Security Compound which boasts of competitionstandard flooring,
sound system, locker rooms and bleachers. All prison and penal farms have adequate recreational facilities
for inmates, both for outdoor and indoor sports. Mini-bodybuilding gyms are available in most 34 prison
facilities, including the Muntinlupa Juvenile Training Center and the
Therapeutic Community Center for inmates with drug cases. For music lovers and musically-inclined
inmates, numerous "videoke" centers are available. Musical instruments are available for practice or for use
in variety shows.

 Health Care Services

Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s medical history is
recorded and properly documented by the Medical Specialist. Medical information and mental status
examinations are given to ascertain his overall physical / mental fitness and whether he would be fit for
work. This forms part of the diagnostic process which will eventually determine the most appropriate
rehabilitation program for the inmate. The principal medical care of inmates is provided through a 500-bed
capacity hospital at the New Bilibid Prisons and at six (6) other mini-hospitals or clinics in the six (6) other
prison and penal farms. All correctional facilities have a full and
competent staff of medical practitioners in charge of clinics, infirmaries and hospitals. These centers are
capable of minor surgical operations, laboratory examinations, radiology, psychiatric, rehabilitation and
dental treatment. Other government and private hospitals are also tapped in the implementation
of standards pertaining to nutrition and protective health services for the prison community. Medical
services also include a wide range of counseling techniques and therapy programs which address the
psychological problems of inmates, including suicidal thoughts and feelings of rejection which may lead to
disruption of peace and order within the prison compounds. When an inmate’s ailment is beyond the
competence of the in-house medical doctors, the inmate is referred to a government hospital in accordance
with prison rules and under proper security escorts.

Moral and Spiritual Program

Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their faith, with orderly
conduct supervised by prison authorities. A religious guidance adviser or chaplain is assigned in every
prison and penal farm. The prison chaplain sets the stage for every regular spiritual activity. He is an officer
of the institution who oversees the operation of the prison chapel. He is not only the spiritual
leader but also a counselor and adviser. Prisoners may be baptized or given other sacraments. Religious
Volunteer Officers, or RVOs belonging to different church groups provide weekly religious activities
ranging from bible studies, devotions, prayer meetings or praise and worship. With a predominantly Roman
Catholic prison35 population, a Catholic Mass is a regular feature in spiritual activities of the prison
communities. Restrictions, however, are imposed if, in the course of religious activities, security is
compromised or a program is too expensive.

Education and Skills Training

Rehabilitation can be facilitated by improving an inmate’s academic and job skills. Records show that many
prisoners are poorly educated. A majority are elementary school drop outs or have not even finished primary
school. Prison education amounts to remedial schooling designed to prepare inmates to obtain basic skills in
reading, writing and mathematics. In most correctional facilities, vocational programs are incorporated into
job assignments and serve as on-the-job training. The goal is to provide inmates with skills that will improve
their eligibility for jobs upon release. Most prison vocational
training is geared toward traditional blue-collar employment in areas such as electronics, auto mechanics
and handicrafts. At the Reception and Diagnostic Center, a basic computer literacy course with typing as a
support course is available for inmates who have finished at least high school level.
Vocational training and social education focus on job readiness. The concern in these areas is life skills. If
inmates are to reenter society and abstain from criminal activity, they must be employable and have the
basic tools necessary to function as responsible citizens. The National Penitentiary has a college degree
program and a tertiary degree correspondence course, in addition to the regular secondary and compulsory
basic literacy classes. Prisoners are strongly encouraged by the BuCor authorities to enroll
while serving their sentence and to advance their academic skills.

Therapeutic Community
The Therapeutic Community (TC) Program represents an effective, highly structured environment with
defined boundaries, both moral and ethical. The primary goal is to foster personal growth. This is
accomplished by re-shaping an individual’s behavior and attitudes through the inmates? community working
together to help themselves and each other, restoring self-confidence, and preparing them for their
reintegration into their families and friends as productive members of the community.36
Patterned after Daytop TC, New York which is the base of the Therapeutic Community movement in the
world, the BuCor TC program was adopted as part of the Bureau's holistic approach towards inmate
rehabilitation. It is implemented primarily but not limited to drug dependents. The TC approach has been
continuously proven worldwide as an effective treatment and rehabilitation modality among drug
dependents, and have been noted to be effective in many prisons. By immersing a drug offender in the TC
environment, he learns why he had developed his destructive habits, which led him to substance abuse. The
program modifies negative behavior and or attitudes while restoring selfconfidence, and prepares inmates
for their re-integration into their families and friends as productive members of the community. This
behavioral modification program gradually re-shapes or re-structures the inmate within a family-like
environment, wherein every member acts as his brother’s keeper. As TC family members go on with their
daily activities, a strong sense of responsibility and concern for each other’s welfare are developed. They are
constantly being monitored for their progress and are regularly being evaluated by the TCtrained staff. The
TC process allows for genuine introspection, cultivation of selfworth and positive rationalization that move
the individual towards assuming a greater sense of personal and moral responsibility. The efforts of the
Bureau of Corrections to rehabilitate Drug dependents under its care using the TC approach is in line with its
commitment to create a Drug-Free Prison. Worldwide developments in the treatment and rehabilitation of
drug offenders using this therapeutic community approach have been noted to be effective in many prisons.

 Treatment Programs and Rehabilitation of BJMP

“BJMP Core Programs”

A. Provisions of Basic Needs

All PDL under custody are provided with three (3) meals (breakfast, lunch and supper). Adequate supply of
potable water is made available to them at all times. Likewise, upon admission, each PDL is issued his or
her PDL uniform consisting of the yellow shirt and brown jogging pants. Hygiene kits are also distributed to
the PDL on monthly or quarterly basis. Occasionally, the provision of basic needs for the PDL is
supplemented by the food and non-food donations from local government
units, non-government organizations, business sector and private individuals.

B. Health Services37
Health services for PDL consist of interventions towards the prevention, promotion, treatment of illnesses
and rehabilitation. All PDL undergo medical assessment upon admission. During confinement, PDL are
provided with health education and counseling, medical consultations, regular health monitoring, and
provided medicines subject to availability. To maintain the physical health of PDL, they are allowed daily
sunning and physical exercises.

C. Educational Program
The educational program aims to provide opportunities for PDL to achieve mandatory education. For this
reason, BJMP adopted the Alternative Learning System (ALS) of the Department of Education for the PDL
to earn their elementary and high school diplomas. Teachers in the jail-based ALS are BJMP Personnel who
are professional teachers and trained on the Instructional Method for ALS. In jails
where there are no personnel trained to handle ALS classes, the ALS teachers would be coming from the
Department of Education. All PDL enrolled in the ALS earn their respective Time Allowance for Teaching,
Studying and Mentoring (TASTM) pursuant to RA 10592.

D. Skills Training/ Enhancement Program

The objective of the skills training program is to equip the PDL with technical/vocational skills which they
can use in seeking employment or starting their own business after release from confinement. To make the
PDL as competitive as other potential job seekers, the skills trainings preferred are those accredited by the
Technical Education and Skills Development Authority (TESDA) so that the PDL
will be able to earn National Certifications. Thus, only the PDL who meet the eligibility requirements of the
specific skills training program being offered can participate.

E. Livelihood Program
The livelihood program presents income-generating activities to PDL during their confinement where they
are able to earn for their personal upkeep and for financial support to their families. The capital for the
livelihood project are either from BJMP for BJMP-funded projects or from the common fund of a group of
PDL for non-BJMP funded projects. Examples of continuing and most popular livelihood
projects of PDL are bags and purses, bonsai made of beads, pastries, rugs, paper crafts, and wood crafts. To
help the PDL earn from these livelihood projects, the jail 38 unit Welfare and Development Officer
(UWDO) facilitates the sale of the products in display centers or livelihood caravans organized by the local
government units and other service providers. In addition, online or e-marketing of PDL products is also run
by the jail unit Welfare and Development Office.

F. Behavioral Management/ Modification Program

BJMP implements the Therapeutic Community Modality Program (TCMP) to manage and modify behaviors
of PDL with the goal of positively changing their thinking and behavior through structured group processes.
The program endeavors to teach and model positive thinking, pro-social values, good decision-making, and
positive coping. Through the program, PDL are trained on socially acceptable ways of behaving and relating
with their fellow PDL and with personnel and visitors thereby fostering a therapeutic jail environment and
maintaining a peaceful communal atmosphere.

G. Interfaith Program
PDL are provided with the opportunity to practice their faith while under
custody without discrimination, subject only to usual safety and security measures.
The BJMP chaplains and imams provide different religious services such as but not
limited to mass celebrations, communal prayers, spiritual counseling, catechism, and
others. Religious organizations and their respective ministers/pastors and leaders are
accredited by BJMP to facilitate their regular contact with PDL for the provision of
religious services.

H. Cultural and Sports Program

The cultural program aims to promote camaraderie among PDL, encourage the development of self-
confidence and sharing of cultural talents as form of positive entertainment. Cultural activities allowed in
jails include dance, singing, theatre/drama, and art workshops. Also, through this program, PDL
experience some sense of social normalcy through the communal celebrations of socio-cultural events
like birthdays, Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent and Easter, Ramadan, local
festivals and other similar activities.

I. Paralegal Program
The main objective of the Paralegal Program is to address the overcrowding in jail facilities. Through the
paralegal program, PDL are assisted in availing of the 39 different early modes of release. Regional and jail
paralegal officers conduct continuous informative seminars/orientations to PDL on their rights, modes of
early release, and other paralegal/legal remedies which can be availed of by them. Other
paralegal services include paralegal counseling and case follow-up in the courts by the jail paralegal officers.

J. E-Dalaw
The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL and
respective families. This service enables the PDL to connect with his/her family through a supervised video
call and chat. The program is conceptualized specifically to cater to PDL whose family members cannot go
to the jail for actual visit because of the long distance to the jail from the residence or
workplace of the family members. However, in case of jail lockdown by reason of public health emergency
where visitation is suspended, all PDL are allowed to use the e-dalaw to communicate with their families on
equitable rotation basis.

 “BJMP Support Services”

A. Human Rights Desks

Every jail facility operates a 24-hour Human Rights Desk handled by a designated Human Rights Affairs
Officer. The main function of the Human Rights Desk is to receive complaints concerning human rights
violations from PDL and visitors and to report the complaints thru the appropriate reporting system to the
concerned BJMP offices and to the Commission on Human Rights for investigation and appropriate action.

B. Help Desk
In line with the government’s policy of providing timely and speedy access to government services, each jail
facility has established its own Help Desk managed by a designated Held Desk Officer. The Help Desk
functions as a referral unit where PDL and visitors can lodge their request for assistance concerning personal
or family needs. These requests are evaluated by the Help Desk Officer and all requests for assistance that
cannot be addressed by the jail are referred to the concerned government agencies for appropriate action.40

C. Referrals for Aftercare

Although BJMP recognizes the importance of aftercare program for PDL to be released for them to start a
new, it is limited only to providing welfare and developmental programs to PDL while they are in custody.
Nevertheless, to ensure continuity of care of PDL upon release, the jail unit Welfare and Development
Officer facilitate referrals to different community resources. These referrals addressed to the local
government units, non-government organizations and the business sector usually include but not limited to
seeking immediate financial assistance for PDL’s repatriation, employment/livelihood assistance,
educational/vocational training scholarships, medical and psychological interventions.
 “BJMP Special Program for Vulnerable Groups”

A. Services for Pregnant PDL

Pregnant PDL, by reason of their medical condition, are given special attention by the jail nurses to ensure
compliance to pre-natal and post-natal care, timely provision of other pregnancy-related needs, and
assistance for the care of the newborn until the latter is endorsed to the immediate family or accredited child-
caring agency.

B. Services for Senior Citizen PDL and PDL with Disabilities

In addition to implementing measures to protect the senior citizen PDL and PDL with disabilities from
discrimination and establishing functional priority lanes for them, the primary policy is to link them to the
local Office of Senior Citizen Affairs Office (OSCA) and Person with Disability Affairs Office (PDAO) for
the acquisition of their respective Identification Cards. The respective identification cards
issued by the local government unit are the PDL’s access key to the different services for senior citizens and
persons with disabilities mandated by the Senior Citizen’s Act and Magna Carta for Persons with
Disabilities.

C. Services for PDL with other Special Needs

PDL who are members of the LGBT community maybe segregated from the general population in terms of
housing to prevent potential mistreatments towards them by reason of their gender expression and other
vulnerabilities. Nevertheless, they receive the same programs and services provided to the
general population and they are encouraged to participate fully in the socio-cultural activities of the jail.

D. Mental Health Services

In general, preventive mental health aimed at reducing incidence of mental health disorders and developing
positive coping mechanisms are provided to all PDL. Preventive mental health interventions include
informative seminars on stress management, psycho-educational counseling and other supportive
psychological group activities. Likewise, psycho-social support services or stress debriefing to address
trauma are facilitated for PDL after the occurrence of untoward jail incidents
or in the aftermath of devastating calamities directly affecting the PDL.

E. Drug Counseling for PDL with Substance use Disorder

PDL with substance use disorder or have history of illegal drug use and who were granted plea bargaining
under A.M. No. 18-03-16 SC, are provided with drug counseling using the Katatagan Kontra Droga sa
Komunidad (KKDK) approach. The KKDK is a psycho-educational drug counseling program developed
consisting of twenty-four (24) modules: eighteen (18) modules to be completed by the PDL in a small group
setting with fellow PDL and six (6) family modules to be participated by
the PDL’s family. The drug counseling runs for maximum duration of four (4)
months.

LESSON 2: PARDON & PAROLE

Non-Institutional Correction – refers to that method of correcting sentenced
offenders without having to go in prison.

Advantages of Community-Based Correction

• Family members need not be victims also for imprisonment of member
because the convict can still continue to support his family, and not be far
away from his children.
• Rehabilitation will be more will be more effective as the convict will not be
exposed to hardened criminals in prisons who will only influence him to a life
of crime.
• Rehabilitation can be monitored by the community thus corrections can be
made and more effective.
• Cost of incarceration will be eliminated which is extremely beneficial
especially to a cash-strapped government.
PARDON - is an “act of grace”, its very essence is forgiveness or remission of guilt,
it implies guilt, it does not erase the fact of the commission of the crime and the
conviction thereof. It does not wash out the moral stain. It involves forgiveness and
not forgetfulness.

Types of Pardon
1. Conditional Pardon when a prisoner is pardoned under certain administrative requirements like reporting
monthly to a judge for a certain number of years.
2. Absolute Pardon when the offense and the penalties imposed on a prisoner is extinguished and his civil
and political rights are fully restored.

Prisoners Eligible for Pardon

1. Prisoners who are 65 years and above and who have served at least 3 years of their
prison sentence but in no case shall they exceed 70 years old.
2. Prisoners who are invalids or afflicted with incurable or serious diseases.
3. Prisoners who are medically diagnosed as having at least 2 years of mental
abnormality.
4. Prisoners who have served the following prison sentences:
a. At least 8 years of their life sentence in cases of simple crimes.
b. At least 10 years of their life sentence in cases of complex crimes.
c. At least 12 years of their 2 or more life sentences.

Constitutional Basis of Pardon

The power to pardon, which is a form of executive clemency, is given to the President under Section 19,
Article VII of the Constitution, it reads;
• Except in cases of impeachment or as otherwise provided in this constitution, the President may grant
reprieves, commutations, pardons, remit fines and forfeitures after conviction by final judgement.
• He shall also have the power to grant amnesty with the concurrence of a
majority of all the members of the congress.

Constitutional Limitations on the Grant of Pardon

• No pardon may be granted in impeachment cases.
• No pardon may be granted when otherwise provided under the constitution, specifically Sec.5 Article IX-C
which provides that “No pardon, amnesty, parole or suspension of sentence for violation of election laws,
rules and regulations shall be granted by the President without the favorable
recommendation of the COMELEC.
• It may only be granted “after conviction by final judgment”.

Parole and Probation Administration in the Philippines

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

The Probation Administration was created by virtue of P.D. 968 “The Probation Law of 1976”, to
administer the probation system. Under Executive Order No. 292, “The Administrative Code of 1987”
which was promulgated on November 46 23, 1989, the Probation Administration was renamed “Parole and
Probation Administration” and given the added function of supervising prisoners who, after
serving part of their sentence in jails are released on parole pardon with parole conditions. Effective August
17, 2005 by virtue of a Memorandum of Agreement with the Dangerous Drugs Board, the Administration
performs another additional function of investigating and supervising first-time minor drug offenders who
are placed on suspended pursuant to Republic Act No. 9165.

PAROLE – is a conditional pardon. It refers to the conditional release of an offender

from a correctional institution after he serves the minimum term of his prison
sentence. It does not have the effect of extinguishing the criminal liability of the
offender.
QUALIFICATION FOR PAROLE
A prisoner is eligible for parole once the inmate had served the minimum
sentence, less GCTA earned, of his indeterminate prison sentence the maximum
period of which exceeds one year except under the following circumstances:
• When sentence is reclusion perpetua
• Those convicted of treason, conspiracy or proposal to commit treason
• Those convicted of misprision of treason, rebellion, sedition or espionage
• Those convicted of piracy
• Those who are habitual delinquents
• Those who escape from confinement or evaded sentence
• Those who were granted conditional pardon and violated any of its terms
thereof
• Those whose maximum term of imprisonment does not exceed one year or are
with definite sentence
• Those suffering from any mental disorder as certified by a psychiatric report
of the Bureau of Corrections or National Center for mental health
• Those whose conviction is on appeal and
• Those who have a pending criminal case for an offense committed while
serving sentence
 A parolee should be placed under the supervision of a Parole and Probation Officer upon release.
 It is mandatory for the parolee to comply with the terms and conditions appearing in the release
document.
 A parolee may not transfer from the place of residence designated in his release document without prior
approval of BPP. To secure such approval, a written application in the form prescribe by the BPP shall
be filed by the parolee with his parole and probation officer at least fifteen days before the requested
transfer.
 A parolee when authorized by the parole and probation officer can travel outside his area of operational
jurisdiction from ten to thirty days within a six month period shall be considered transfer of residence.
 In case of the parolees death, the parole and probation officer shall submit to the BPP a certified true
copy of the death certificate.The BPP may order the re commitment to prison of the re-arrested parolee
if it finds that the continuation of the parole is incompatible with the public welfare. He shall serve the
remaining un-expired portion of his maximum sentence.
 Upon expiration of the maximum sentence of the parolee, the BPP may upon recommendation of the
PPA, issue a Certificate of Final Release and Discharge (CFRD) to a parolee or recommend to the
President that a similar certificate be issued to a pardonee.
 CFRD finally releases the parolee/pardonee from the conditions he is obligated to comply.

INFRACTONS/VIOLATIONS OF THE TERMS AND CONDITIONS OF THE

RELEASE DOCUMENT
• Reports- the probation and parole officer concerned shall submit the following reports to the board:

A) A progress report when a parolee commits another offense during the period of his parole
supervision and the case file against him has not yet been decided by the court or on the conduct of the
parolee while under supervision;
B) An infraction report when the parolee has been subsequently of another crime;
C) A violation report when the parolee commits any violation of the terms and conditions appearing in his
release document or any serious deviation or non-observance of the obligations set forth in the parole
supervision program.
D) Arrest of parolee- upon the receipt of an infraction report, the board may order the arrest or
recommitment of the parolee.
E) Effect of recommitment of parolee- the parolee who is recommit to prison by the board shall be made to
serve the remaining unexpired portion of the maximum sentence for which he was originally committed to
prison.

TERMINATION OF PAROLE SUPERVISION

• Summary report- after the expiration of the maximum sentence of the parolee, the probation and parole
officer concerned shall submit to the board, through the chief probation and parole officer, a summary report
on his supervision of a parolee.

The clearances from police, court, prosecutor’s office and barangay officials shall be attached to the
summary report.