NON-INSTITUTIONAL

CORRECTIONS

Percentage Weight in Correctional Administration – 4% (40 items)

Desired Competencies:
1. Understand, organize, and apply the processes of the Probation System from petition,
investigation, grant, denial/disqualification, supervision, monitoring, violation of the
condition/s, changes in the condition/s, suspension, revocation, trial, early discharge,
and release of the probationer, including the role of the probation officer, probation
aids, and the victim/complainant in the probation process.
2. Understand, organize, and apply the processes of the Parole System from
petition/review/evaluation of the institution BJMP and BUCOR, investigation, grant of the
Board of Pardons and Parole, denial/disqualifications, the process of supervision and
monitoring, violation of the condition/s, changes in the condition/s, suspension,
revocation, arrest of the parolee, early discharge, and release of the parolee, including
the role of the parole officer, and the victim/complainant in the parole process.
3. Understand, use, and evaluate the forms of clemency such as but not limited to:
Executive Clemency - Pardon, Absolute and Conditional, Commutation of Sentence, and
Reprieve; other relevant remedies granted by the Court; other clemency such as
Decriminalizing certain criminal acts, Repealed Penal/Criminal Laws; and Amnesty.
Including the processes and procedures of the grant denial/disqualifications, process of
supervision and monitoring, violation of the condition/s, changes in the condition/s,
suspension, revocation, arrest of the grantee, early discharge, and release of grantee.
4. Understand and apply the relevant provisions of the law on PDLs preventive
imprisonment, allowance for good conduct, and special time for loyalty. Including its
process and grant of time allowance, qualification/disqualification/cancellation/
revocation of the grant, and the related provisions of the extinction of criminal liability
both total and partial.
 PENOLOGY
Community-Based Correction
- sanction in which offenders serve some or all their sentence in the community
- subfield of corrections in which offenders are supervised and provided services outside jail or prison

Advantages of Community-Based Correction

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

Basic Principles Underlying the Philosophy of Community-Based Treatment Programs

• Humanitarian Aspect - imprisonment is not always advisable it will drastically narrow his access to
sources of personal satisfaction and reducing his self-esteem.
• Restorative Aspect - changing and controlling the offender
• Managerial Aspect – there is sharp contrast between the per capital cost of custody and any kind of
community program

Halfway houses - community-based residential facilities that are less secure and restrictive than prison or jail
but provide a more controlled environment than other community correctional programs.
Goal of Halfway House: to provide offenders with a temporary period of highly structured and supportive
living so that they will be better prepared to function independently in the community upon discharge.
Home Confinement - program that requires offenders to remain in their homes except for approved periods
of absence; commonly used in combination with electronic monitoring
- also known as home incarceration, home detention, and house arrest

AGENCIES
Parole and Probation Administration
- an agency of the Philippine government under the Department of Justice responsible for providing
a less costly alternative to imprisonment of first-time offenders who are likely to respond to
individualized community-based treatment programs
- introduced with the enactment of Act No. 4221

Functions:
a. To administer the parole and probation system
b. To exercise supervision over parolees, pardonees and probationers
c. To promote the correction and rehabilitation of criminal offenders.

Composition:
a. Probation Administrator - head
- appointed by the President of the Philippines. He shall hold office during good behavior
and shall not be removed except for cause.
b. Assistant Probation Administrator - shall assist the Administrator perform such duties as may be
assigned
- in the absence of the Administrator, he shall act as head of the Administration
- appointed by the President of the Philippines and shall receive an annual salary of at least
thirty-six thousand pesos
c. Regional office - headed by a Regional Probation Officer
- shall exercise supervision and control over all probation officer within his jurisdiction
- assisted by an Assistant Regional Probation Officer
- appointed by President of the Philippines upon the recommendation of the Secretary of
Justice
d. Provincial and City Probation Officers
- appointed by the Secretary of Justice upon recommendation of the Administrator

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 e. Field Assistants, Subordinate Personnel – assists Provincial or City Probation Officers to enable
them to carry out their duties effectively

Major Rehabilitation Programs

a. Restorative Justice (RJ) - a philosophy and a process whereby stakeholders in a specific offense
resolve collectively how to deal with the aftermath of the offense and its implications for the
future
- victim-centered response to crime that provides opportunity for those directly affected by
the crime - the victim, the offender, their families and the community - to be directly
involved in responding to the harm caused by the crime
- ultimate objective is to restore the broken relationships among stakeholders
- provides a healing opportunity for affected parties to facilitate the recovery of the
concerned parties and allow them to move on with their lives
b. Volunteer Probation Aide (VPA) Program - a strategy by which the Parole and Probation
Administration may be able to generate maximum citizen participation or community
involvement
- citizens of good standing in the community may volunteer to assist the probation and
parole officers in the supervision of a number of probationers, parolees and conditional
pardonees in their respective communities
c. Therapeutic Community (TC) - a self-help social learning treatment model used in the
rehabilitation of drug offenders and other clients with behavioral problems
- an environment that helps people get help while helping themselves

Board of Pardons and Parole

- created under Republic Act No. 4103 (Indeterminate Sentence Law)
- tasked to look into the physical, mental and moral record of prisoners to determine who shall be
eligible for parole or conditional pardon
- tasked to uplift and redeem valuable human resources to economic usefulness and to prevent
unnecessary and excessive deprivation of personal liberty by way of parole or through executive
clemency
Undertakes the following:
1. Looks into the physical, mental and moral records of prisoners who are eligible for parole or any
form of executive clemency and determines the proper time of release of such prisoners on
parole;
2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with
parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive clemency to
prisoners other than those entitled to parole.

Composition of the Boards of Pardon and Parole

• Chairman - Secretary of the DOJ
• Ex-Officio - Probation Administrator of the Parole and Probation Administrator
• Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
d. Person qualified for the work by training/experience and a member of the Philippine
BAR.

PROBATION
Probation
- from the Latin word “probatio” which means testing and “probare” which means to prove
- a disposition under which a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer
- a period of supervision over an offender, ordered by a court instead of serving time in prison
Note:
a. Probation is a privilege.
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 b. After its grant, it becomes a statutory right and it shall only be canceled or revoked for cause and
after due notice and hearing.
c. Grant of probation has the effect of suspending the execution of sentence.

• Act No. 4221 – first probation law in the Philippines (made unconstitutional by People vs Vera)
• PD 968 – Probation Law of 1976
- July 24, 1976
- Amended by RA 10707

Note:
a. Teodulo Natividad - Father of Probation in the Philippines
b. Matthew Davenport Hill - Father of Probation in England
c. John Augustus - a Boston boot maker who is called the "Father of Probation " in the United
States
d. Richard McSweeney - first salaried federal probation officer

Definition of Terms
• Absconding Petitioner- a convicted accused whose application for probation has been given due
course by the court but fails to report to the parole and probation office or cannot be located within
a reasonable period of time.
• Absconding Probationer- an accused whose probation was granted but failed to report for
supervision within the period ordered by the court or a probationer who fails to continue reporting
for supervision and/or whose whereabouts are unknown for a reasonable period of time.
• Client - a probationer who is placed under supervision of a Probation and Parole Officer
• Petition- application for probation.
• Petitioner - a convicted defendant who files an application for probation.
• Petitioner - the prisoner who applies for the grant of probation
• Probation Officer - public officer like the Chief Probation and Parole Officer (CPPO), Supervising
Probation and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole and
Probation Officer II (PPOII), or Parole and Probation Officer I (PPOI), who investigates for the Trial
Court a referral for probation or supervises a probationer or does both functions and performs other
necessary and related duties and functions as directed.
• Probationer - a person placed on probation
• Volunteerism - a strategy by which the parole and probation administration may be able to generate
maximum citizen participation or community involvement in the overall process of client
rehabilitation.

Purpose of Probation
a. promote the correction and rehabilitation of an offender by providing him with individualized
treatment
b. provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence
c. prevent the commission of offenses

Application for Probation

- shall be filed with the Trial Court which has jurisdiction over the case.
- filed at any time after conviction and sentence but within the period for perfecting his appeal (15
days)
- shall be in the form approved by the Secretary of Justice as recommended by the Administrator or
as may be prescribed by the Supreme Court
- Prosecuting Officer may submit his comment(s), if any, on the application within a reasonable time
given to him by the Trial Court from his receipt of the notice to comment.
- if the Trial Court finds that the application is in due form and the applicant appears to be qualified
for the grant of probation, it shall order the City or Provincial Parole and Probation Office within its
jurisdiction to conduct a Post-Sentence Investigation (PSI) on the applicant
- upon receipt of the application filed, trial court may suspend the execution of the sentence imposed
in the judgment
- applicant may be allowed on temporary liberty under his bail filed in the criminal case, may allow
release on recognizance
- Trial Court may direct the applicant to report to the proper Probation Office within 72 hours

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Disqualified Offenders
1. sentenced to serve a maximum term of imprisonment of more than six (6) years
2. convicted of any crime against the national security
3. who have previously been convicted by final judgment of an offense punished by imprisonment of
more than 6 months and 1 day and/or a fine of more than one Php 1,000.00
4. who have been once on probation under the provisions of this Decree
5. who are already serving sentence at the time the substantive provisions of this Decree became
applicable

Post-Sentence Investigation
- investigating Probation Officer on case shall initially interview the applicant within five (5) working
days from receipt of assignment
- if applicant did not report within 72 hours, the Probation Officer on case may write the applicant in
his court given address, or personally visit applicant's place to schedule an initial interview at the
Probation Office
- Probation Officer shall conduct a thorough investigation on the antecedents, mental and physical
condition, character, socio-economic status, and criminal records, if any, of the applicant and the
institutional and community resources available for his rehabilitation
- Probation Officer shall assess and recommend or prescribe the suitable probation treatment and
supervision program upon the applicant, if granted probation
- collateral information must be gathered from those persons who have direct personal knowledge of
the applicant, offended party, family member, and/or their relatives, including barangay officials and
disinterested persons
- to obtain additional data, counter check, or clarify discrepancy subsequent or further interviews on
the applicant or other persons may be made
- data and information shall be strictly privileged and confidential in nature
Note: may be disclosed only to some statutorily designated authorities
- applicant does not necessarily need to be represented and assisted by counsel.
- absconding applicant - applicant who failed to present himself to the proper Office within seventy-
two (72) hours from his receipt of the Probation Order or within reasonable time

Post- Sentence Investigation Report

- submitted within sixty (60) days from receipt of the order
- aims to enable the Trial Court to determine whether or not the ends of justice and the best interest
of the public primarily, as well as that of the applicant, would be served by the grant or denial of the
application

Contents of the PSIR

a. circumstances surrounding the crime or offense for which the applicant was convicted and
sentenced, taken from the applicant himself, offended party and others, who might have
knowledge of the commission of the crime or offense, and pertinent information taken from the
police and other law enforcement agencies, if any, and Trial Court records
b. details of other criminal records, if any
c. personal circumstances, educational, economic and socio-civic data and information about the
applicant
d. characteristics of applicant, employable skills, employment history, collateral information
e. evaluation and analysis of the applicant's suitability and legal capacity for probation and his
potential for rehabilitation, reform, development, transformation and re-integration into the
community
f. recommendation to:
1. grant the application, including probation period, probation conditions and probation
treatment and supervision plan/program
2. deny the application
g. data and information on the applicant's financial condition and capacity to pay, his civil liability,
if any
h. results of findings of drug, psychological and clinical tests conducted, if any

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 i. results of criminal records, if any, whether decided or still pending furnished by various law
enforcement agencies tapped by the Probation Office for such purpose
j. result(s) of courtesy investigation, if any, conducted in the birth place or place of origin of
applicant especially if he plans to reside thereat while on probation, if ever his application will be
granted; and
- recommendatory in nature and the final recommendation is persuasive in character addressed to
the sound discretion of the Trial Court considering that the denial or grant of probation is a judicial
function
- shall be prepared by the investigating Probation Officer on case and approved by the CPPO

Full Blown Courtesy Investigation (FBCI)

- a General Courtesy Investigation (GCI) from another City or Provincial Parole and Probation Office
which requests for a complete PSIR on a petition for probation pending referral investigation in the
Probation Office of origin
- shall take place when upon initial investigation it is gathered that:
a. applicant is a transient offender in the place of commission of the crime or a permanent resident
of another place
b. he spent his pre-adolescent or adolescent life in the province or city of origin
c. he attended or finished his education thereat
d. his immediate family members, collateral informants or disinterested persons and officials who
can best authenticate the inter-family relationship, upbringing, behavior of the applicant for
probation in the community are residents of the place of his origin
Partial Courtesy Investigation (PCI) - all other General Courtesy Investigation (GCI) not falling within
the purview of a FBCI to be conducted by another Probation Office
- should no longer be brought to the attention of the Trial Court for the transfer of the conduct
of the referral investigation

Effectivity of Probation Order

- shall take effect upon its issuance
- at which time the court shall inform the offender of the consequence thereat and explain that upon
his failure to comply with any of the conditions prescribed in the said order or his commission of
another offense under which he was placed on probation
- shall be entered in a Docket Book for proper recording
- the Order of the court granting or denying probation shall not be appealable

Period of Probation
a. If defendant is sentenced to a term of imprisonment of not more than one year - shall not exceed
two years
b. In all other cases - shall not exceed six years
c. If fine only and the offender is made to serve subsidiary imprisonment - not less than nor to be more
than twice the total number of days of subsidiary imprisonment

Terms and Conditions of Probation

Mandatory Conditions
a. to present himself to the Probation Office for supervision within 72 hours from receipt of said order
b. to report to the assigned SPPO, SrPPO, PPOII or PPOI on case at least once a month during the
period of probation at such time and place as may be specified by the Probation Office

Other Conditions
a. cooperate with his program of probation treatment and supervision
b. meet his family responsibilities
c. devote himself to a specific employment and not to change said employment without prior written
approval of the CPPO
d. undergo medical, or psychological, or clinical, or drug or psychiatric examinations and treatment
and remain in a specified institution, when required for that purpose
e. comply with a program of payment of civil liability to the offended party or his heirs, when required
by the Trial Court as embodied in its decision or resolution
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 f. pursue a prescribed secular study or vocational training
g. attend or reside in a facility established for instruction, recreation or residence of persons on
probation
h. refrain from visiting houses of ill – repute
i. abstain from drinking intoxicating beverages to excess
j. permit the Supervising Probation Officer on case or an authorized social worker to visit his home and
place of work
k. reside at premises approved by the Trial Court and not to change his residence without prior written
approval of said court; and/or
l. satisfy any other conditions related to his rehabilitation into a useful citizen which is not unduly
restrictive of his liberty or incompatible with his freedom of conscience

Indemnification
a. Given to the Clerk of Court of the Trial Court, who will in return hand over the sum to the victim who
shall issue a corresponding receipt
b. Deposited by the probationer to the victim’s account where the bankbook is kept at the Probation
Office to be given to the victim for his proper disposition
c. Effected directly to the victim and the receipt must be filed in the supervision record of the
probationer kept at the Probation Office
Note: Giving of payment to the Supervising Probation Officer on case (or the CPPO) to be remitted
to the victim, although with receipts, should be highly discouraged and discontinued outrightly.

Supervision of Probationers
Primary purposes:
a. to ensure the probationer's compliance with the probation conditions specified in the Probation
Order and the prescribed probation treatment and supervision program/plan
b. to manage the process of the probationer's rehabilitation and re-integration into the community
c. to provide guidance for the probationer's transformation and development into a useful citizen for
his eventual reintegration to the mainstream of society
Note: supervision service shall commence on the day of initial interview or reporting of a probationer

Outside Travel – who may authorize a probationer to travel outside area of operational/territorial jurisdiction
a. 10 days - Probation Officer
b. 30 days – CPPO
Note: file at least 5 days before the intended travel schedule a Request for Outside Travel
c. 30 day - Trial Court
Note: Outside travel for a cumulative duration of more than 30 days within a period of 6 months shall
be considered as a courtesy supervision

Change of Residence: Transfer of Supervision

- a Probationer may file a Request for Change of Residence with the City or Provincial Parole and
Probation Office, citing the reasons
- shall be submitted by the Supervising Probation Office for the approval of the Trial Court
- if approved, the supervision and control over the probationer shall be transferred to the concerned
Executive Judge of the RTC, having jurisdiction and control over said probationer, and under the
supervision of the City or Provincial Parole and Probation Office in the place to which he transferred

Absconding Probationer
- a probationer who has not reported for initial supervision within the prescribed period and whose
whereabouts could not be found, located or determined despite best diligent efforts within
reasonable period of time
- Office shall file with the proper court a Violation Report containing its findings and recommendation,
duly prepared and signed by the Supervising Parole and Probation Officer and duly noted by the
Chief Parole and Probation Officer

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Modification or Revision of Probation Conditions
- Trial Court may motu proprio or, upon motion by the City or Provincial Parole and Probation Office
or by the probationer or his lawyer
- modified or revised Probation Order shall become effective and final upon its promulgation and
receipt thereof by the probationer

Violation of Probation Condition

Fact-Finding Investigation
- conducted on any alleged or reported violation of probation conditions to determine the veracity
and truthfulness of the allegation
- Supervising Probation Officer on case shall prepare a violation report thereon containing his findings
and recommendations and submit the same to the CPPO for review and approval

Arrest of Erring Probationer

- Trial Court may issue a warrant for the arrest of the probationer for serious violation of his probation
condition after having duly considered the nature and gravity of such reported violation based on
the submitted Violation Report
- probationer shall immediately be brought before the Trial Court for a hearing of the violation
charged
- hearing shall be summary in nature
- probationer shall have the right to be informed of the violation charged and to adduce evidence in
his favor
Note:
a. Probationer may be admitted to bail pending such hearing.
b. Probationer shall have the right to counsel of his own choice.

Disposition
- after a serious violation of a probation condition has been established in the hearing, the Trial Court
may:
a. order the continuance of the probationer's probation
b. modify probation conditions
c. revoke probation
- if revoked, probationer to serve the sentence originally imposed in the judgment of his
case for which he applied for probation
Note: not appealable but correctable by certiorari

Early Termination
The following probationers may be recommended for the early termination of their probation period:
1. Those who are suffering from serious physical and/or mental disability such as deaf-mute, the lepers,
the crippled, the blind, the senile, the bed-ridden, and the like
2. Those who do not need further supervision as evidenced by the following:
a. Consistent and religious compliance with all the conditions imposed in the order granting
probation
b. Positive response to the programs of supervision designed for their rehabilitation
c. Significant improvements in their social and economic life
d. Absence of any derogatory record while under probation
e. Marked improvement in their outlook in life by becoming socially aware and responsible
members of the family and community
f. Significant growth in self-esteem, self-discipline and self-fulfillment
Note:
a. Probationers should have already served 1/3 of the imposed period of probation
b. Actual supervision period be less than 6 months.
3. Those who have:
a. To travel abroad due to any of the following:
1. An approved overseas job contract or any other similar documents
2. An approved application for scholarship, observation tour or study grant for a period not less
than 6 months
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 3. An approved application for immigration
4. An approved application to take the Bar and Board Examinations
b. To render public service
1. Having been elected to any public office
2. Having been appointed to any public office
Note: Probationers should have fully paid their civil liabilities, if any and not convicted for
offenses involving moral turpitude
4. Other probationers who have fully cooperated with/participated in the programs of supervision
designed for their rehabilitation and who are situated under conditions/circumstances similar in
nature to those above-described at the discretion of the proper authorities

Probation Aides
a. must be citizens of good repute and probity
b. at least 18 years of age on the date of appointment
c. at least high school graduates
d. resident of the same locality or community covering the place of residence of the probationer
- may be requested to assist the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI in the supervision of
probationers, assigned up to a maximum case load subject to administrative and technical
supervision, prepare records of their activities and accomplish related reports and prompt
submission thereof
Maximum supervision caseloads:
a. 10 probationers - minimum case classification
b. 3 probationers - maximum case classification
- shall be appointed by the Probation Administrator or through authority delegated to the Regional
Directors within their respective areas of responsibility upon the recommendation of the CPPOs.
- may hold office during good behavior for a period of 2 years, renewable at the end of each period

Termination of the Probation Supervision Case

Probation supervision period may be terminated on any of the following grounds:
a. successful completion of probation
b. probation revocation for cause
c. death of the probationer
d. early termination of probation

Final Report
- submitted by the City and Provincial Parole and Probation Office to the Trial Court 30 days before
the expiration of the period of probation

Final Discharge
- after expiration of the original or extended probation period and based on due consideration of the
POs final report
- it shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to
fully discharge his liability for any fine imposed as to the crime or offense for which probation was
granted without prejudice to his civil liability
Note: Probationer’s political rights are not lost or suspended during the probation period.

SUPPLEMENTAL RULES TO THE OMNIBUS RULES ON PROBATION

Supplemental Rules to the Omnibus Rules on Probation Methods and Procedures General Provisions
- shall apply exclusively to Juveniles in Conflict with the Law or JICL
JICL
- below 18 years of age but more than 9 years of age at the time of the commission of the
crime, felony or offense
- a first-time offender whose:
a. sentence was suspended in accordance with PD 603, “The Child and Youth Welfare
Code”, as amended, but who is returned to the committing court for the pronouncement
of judgment or sentencing and who is qualified for the grant of probation under PD 968
b. sentence became final and executory after he attained the age of 18 years
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 c. minority could not be ascertained up to the time he was convicted and sentenced to
serve a penalty for which he may be released on probation under PD 968
- establish and maintain a separate docket book for recording all court orders/referrals for the conduct
of Post-Sentence Investigation (PSI) of a JICL
- intake interview of the petitioner is held not later than 5 days after the latter reports to the Parole and
Probation Office pursuant to the order of the Trial Court
- petitioner shall consent to or be required, pending submission of the Post-Sentence Investigation
Report (PSIR) or the resolution by the Trial Court of the petition for probation, to undergo
community-based disposition measures:
1. Guidance and counseling
2. Educational, vocational or life skills programs
3. Competency development
4. Socio-cultural and recreational activities
5. Community volunteer projects
6. Leadership training
7. Community and family welfare services
8. Referral to governmental or private rehabilitation clinics, hospitals, open centers or living
communities

Case Conference
- made before the submission of the PSIR to the Trial Court
- Probation Officer shall confer with the petitioner, his immediate family member or relative or,
in the latter’s absence, a responsible member of the community
- shall seek to determine and enhance the commitment of the petitioner’s relative or
concerned member of the community to the supervision treatment program
- presided Chief Probation and Parole Officer shall preside over the case conference

Supervision Treatment Plan (STP)

- prepared in order to:
a. to fix or, as needed, adjust/readjust the level of supervisory control required to address
the overall danger posed by the probationer to the community
b. to assess/reassess how the probationer will make amends for the harm he may have
inflicted and what strategies will be used to increase his/her understanding of the impact
of his/her behavior on the victim and the community
c. to identify the behavior gaps, problematic mindset and/or inadequacy in skills that
contributed to his delinquency and set intervention and treatment measures and
solutions therefor
- shall take effect after it is accepted in writing by the probationer
- Supervising Probation Officer shall review/evaluate the STP not later than 6 months after it
takes effect

PAROLE
Parole
- refers to the conditional release of an offender from a correctional institution after he has served the
minimum of his prison sentence
- provisional release of a prisoner who agrees to certain conditions prior to the completion of the
maximum sentence period
- the process of suspending the sentence of a convict after having served the minimum of his sentence
without granting him pardon, and the prescribing term upon which the sentence shall be suspended
- the release from imprisonment, but without full restoration of liberty, as parolee is in custody of the
law although not in confinement
- French origins in the term Parole D’Honneur which means, “Word of Honor”
- first introduced at Elmira Reformatory under Zebulon Brockway
Note: Massachusetts - first state to officially establish parole service

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 Exceptions:
1. Convicted of offense punishable with death penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or violated the terms of a conditional pardon
8. Persons already sentenced by final judgment at the time this Act was approved (Dec. 5, 1933)

Distinction Between Parole & Probation

PAROLE
Administrative function exercised by the executive
branch of the government.
Granted to a prisoner only after he has served the
minimum of his sentence.
It is an extension of institutional correction. It is a
conditional release of a prisoner whereby he is placed
under the supervision of a Parole Officer after serving
his minimum sentence.
Granted by BPP
Parolee
Parolee supervised by parole officer
Administered by the Parole Board.
Does not restore full civil rights to parolee
Granted more than once, depending on good behavior
during imprisonment
Convict must serve the minimum of his sentence before
the grant.
PROBATION
It is a judicial function exercise by the courts.
Granted to an offender immediately after conviction.
It is substitute for imprisonment. An alternative to
imprisonment. Instead of being confined in prison,
probationer is released to the community by the court with
conditions to follow and is placed under the supervision of
PO.
Granted by the court
Probationer
Probationer supervise by probation officer
Handled by the Probation Administration
More beneficent because it restores full civil rights to the
probationer upon termination unlike parole.
Enjoyed only once
A community-based approach to reformation of offenders.

Definition of Terms:
• Summary Report - submitted by the Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter's final release and discharge
• Progress Report - submitted by the Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision
• Infraction Report - submitted by the Probation and Parole Officer on violations committed by a
parolee/ pardonee of the conditions of his release on parole or conditional pardon while under
supervision.

Grant of Parole
- a prisoner may be granted 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
Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness Compromised
- if, based on the Pre-Parole Investigation Report conducted on the prisoner, there is a clear and
convincing evidence that his release on parole will endanger his own life and those of his relatives
or the life, safety and well-being of the victim, his relatives, his witnesses and the community, the
release of the prisoner shall be deferred until the danger ceases

Persons Qualified for Parole

a. A person confined in a jail or prison to serve an indeterminate prison sentence, the maximum period
of which exceeds one year, pursuant to a final judgment of conviction
b. Has served the minimum period of said sentence less the good conduct time allowances (gcta)
earned
c. There is a reasonable probability that if released, he will become law-abiding
d. His release will not be incompatible with the interests and welfare of society
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Eligibility for Review of a Parole Case
An inmate's case may be eligible for review by the board provided:
1. Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1) year
2. Inmate has served the minimum period of the indeterminate sentence
3. Inmate's conviction is final and executor
4. In case the inmate has one or more co-accused who had been convicted, the director/warden
concerned shall forward their prison records and carpetas/jackets at the same time
5. Inmate has no pending criminal case
6. Inmate is serving sentence in the national penitentiary, unless the confinement of said inmate in a
municipal, city, district or provincial jail is justified

Prisoners Disqualified for Parole

1. Those persons convicted of offenses punished with reclusion perpetua
2. Those convicted of treason, conspiracy or proposal to commit treason
3. Those convicted of misprision of treason, rebellion, sedition or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
6. Those who escaped from confinement or those who evaded sentence
7. Those who were granted conditional pardon and violated any of the terms thereof
8. Those whose maximum term of imprisonment does not exceed 1 year or are with a definite sentence
9. Those suffering from any mental disorder as certified by a psychiatric report
10. Those whose conviction is on appeal
11. Those who have pending criminal case for an offense committed while serving sentence
12. Those convicted of offenses punished with reclusion perpetua, or whose sentences were reduced
to reclusion perpetua by reason of Republic Act No. 9346
13. Those convicted for violation of the laws on terrorism, plunder and transnational crimes
Note: The Board may not consider the release on pardon/parole of a national prisoner who is serving
sentence in a municipal, city, district or provincial jail unless the confinement in said jail is in good
faith or due to circumstances beyond the prisoner's control.

Parole Supervision
- after release from confinement, a client shall be placed under the supervision of a Probation and
Parole Officer
- prisoner shall present himself to the Probation and Parole Officer specified in the Release Document
for supervision
- if does not report within 45 days from the date of release from prison or jail - the Probation and
Parole Officer shall inform the Board of such failure, for appropriate action.

EXECUTIVE CLEMENCY
Executive Clemency
- refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions and
Commutation of Sentence as may be granted by the President of the Philippines
- the authority of the President of the Philippines to suspend the execution of a penalty, reduce the
sentence and extinguish criminal liability
- an act of mercy or leniency from certain consequences of a criminal conviction, and is exercised by
the President after receipt of a recommendation from the BPP
- the act by an executive member of government of extending mercy to a convicted individual

Who Grants Executive Clemency?

- the President
- upon the recommendation of the Board of Pardons and Parole

Executive Clemency Basics

1. It is discretionary.
2. It may not be controlled by the legislature or reversed by the courts unless there is violation of the
Constitution.

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 3. Executive Clemency must often be requested by application or petition before it is granted. In most
jurisdictions, these applications first must be filed with a reviewing agency such as the state board of
pardon and parole before being seen by the appropriate government head.

Why It Is Extended?
- for humanitarian reasons, such as to an aged and ill inmate who needs specialized medical care

Extended in the following instances:

1. When there is real doubt about the guilt of the party.
2. When the sentence given is Apparently excessive
3. When the party is a political or personal friend of the President.
4. To clear the record of some who has demonstrated rehabilitation or public service.

Pardon
- a privilege granted to a convict as a discretionary act of grace of the President of the Philippines
- an act of grace is extended to prisoners as a matter of right, vested to the Chief Executive as a matter
of power
- a form of executive clemency granted by the President of the Philippines as a privilege to a convict
as a discretionary act of grace
- an act of grace or forgiveness that relieves the person pardoned from some or all of the ramifications
of lawful punishment
- do not erase or seal a conviction
- the remission of a penalty
- exercised when the person is already convicted

2 Types of Pardon
1. Conditional Pardon - the exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had committed resulting in the partial
extinction of his criminal liability
2. Absolute Pardon - the total extinction of the criminal liability of the individual to whom it is
granted without any condition; restores to the individual his civil and political rights and remits
the penalty imposed for the particular offense of which he was convicted
Note: Cristobal vs. Labrador – in absolute pardon, removes all that is left of the consequences of
conviction, and that it is absolute in so far it restores the pardonee to full civil and political rights

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

Limitations of the pardoning power of the President:

1. It may not be exercised for offenses in impeachment cases;
2. It may be exercised only after conviction by final judgment;
3. It may not be exercised over legislative or civil contempt
4. In case of violation of election law or rules and regulations without favorable recommendations
of the COMELEC;
5. It cannot be exercised to violation of tax laws.
6. It cannot absolve convict of civil liability
7. It cannot restore public offices forfeited

Note:
Art. VII, SEC. 19, 1987 Philippine Constitution – “Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final judgment.”

Amnesty
- a general pardon extended to a group of persons, such a political offender purposely to bring about
the return of dissidents to their home and to restore peace and order in the community
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 - an act of sovereign power granting oblivion or general pardon for past offense and rarely, if ever,
exercised in favor of single individual is usually exerted in behalf of certain classes of person who are
subjected to trial but not have been convicted
- with the concurrence of a majority of all the Members of the Congress
- can be availed of before, during and after the trial of the case, even after conviction
- a blanket pardon granted to a group of prisoners, generally political prisoners

Reprieve
- the deferment of the implementation of the sentence for an interval of time
- does not annul the sentence but merely postpones or suspends its execution
- temporary stay of the execution of sentence especially the execution of the death sentence
- extended to prisoners sentenced to death
- purpose is generally to allow an investigation into the legality of the conviction or into alleged newly
discovered evidence in favor of the convicted person

Commutation of Sentence
- the reduction of the duration of a prison sentence of a prisoner
- an act of reducing a heavier sentence to a lighter one or a longer term into a shorter term
- may alter death sentence to life sentence or life sentence to a term of years
- does not forgive the offender but merely to reduce the penalty pronounced by the court

Specific cases where commutation is provided for by the code:

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

Parolee - a prisoner who is released on parole

Pardonee - a prisoner who is released on conditional pardon
Client - a parolee/pardonee who is placed under supervision of a Probation and Parole Officer

ACT NO. 4103

Indeterminate Sentence Law
- Act No. 4103
- approved on December 5, 1933
- instead of imposing a “straight” penalty, the court must determine two penalties (maximum and
minimum)
- purpose is to uplift and redeem valuable human material, and prevent unnecessary and excessive
deprivation of liberty and economic usefulness. Penalties shall not be standardized but fitted as far
as is possible to the individual, with due regard to the imperative necessity of protecting the social
order (People v. Ducosin, 59 Phil 109).

Scope of Authority
- BPP may consider the case of a prisoner for executive clemency or parole only after his case has
become final and executory
- will not take action on the petition of a prisoner who has a pending criminal case in court or when
his case is on appeal
- in case the prisoner has one or more co-accused who had been convicted, the Director/Warden
concerned shall forward their prison records and carpetas at the same time

Petitions for Executive Clemency/Parole

- shall be submitted to the BPP before the question of said clemency will be considered
- shall be addressed to the Chairman or to the Executive Director of the Board.
Note: BPP may, motu proprio , consider cases for parole, commutation of sentence or conditional
pardon of deserving prisoners whenever the interest of justice will be served thereby.
Contents of Petition
1. Name, age of the prisoner

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 2. Previous criminal record
3. Whether a Filipino citizen or an alien (if a naturalized Filipino, former nationality and date of
naturalization)
4. Previous occupation
5. Place of residence
6. Present crime for which he was convicted,
7. His penalty of imprisonment, fine, indemnity and the commencing date thereof
8. Jail or prison to which he was committed and/or where he is presently confined
9. Date he was received for confinement
10. Grounds upon which executive clemency is being asked and certification from the trial court
that his case is not on appeal
Note: Petition for absolute pardon shall be under oath and shall include the date the petitioner was
released from prison after service of sentence or released on parole/pardon or terminated from
probation.

Supporting Documents of Petition for Absolute Pardon

a. the affidavits of at least two (2) responsible members of the community where the petitioner
resides
b. the clearances from the NBI, the PNP, the Prosecutor's Office, the MCTC, the MTC, the MTCC,
the MeTC and the RTC where petitioner resides
c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from the City/Municipal
Treasurer or Probation and Parole Officer on his financial condition
d. proof of service of sentence or certificate of Final Release and Discharge or court's Termination
Order of probation.

Note:
a. BPP shall refer the petition for absolute pardon to a Probation and Parole Officer who shall conduct
an investigation on the conduct and activities, as well as the social and economic conditions, of
the petitioner prior to his conviction and since his release from prison and submit a report thereof
within 15 days from receipt of the referral.
b. A petition for executive clemency shall be referred by the BPP to the Secretary of National Defense
for comment and recommendation if the crime committed by the petitioner is against national
security or public order or law of nations.
c. In case of violation of election laws, rules and regulations, a petition for executive clemency/parole
shall be referred to the Commission on Elections for favorable recommendation.
d. Petition for executive clemency/parole may be referred for a pre-parole/executive clemency
investigation to a Probation and Parole Officer who shall submit a report on the behavior, character
antecedents, mental and physical condition of the petitioner within 30 days from receipt of referral,
to include the results of the National Bureau of Investigation records check, regardless of the crime
committed.
e. In case of an alien, the petition shall be referred to the Department of Foreign Affairs for comment
and recommendation.

Review of Cases for Executive Clemency

For Commutation of Sentence
1. The prisoner shall have served at least 1/3 of the minimum of his indeterminate and/or definite
sentence or the aggregate minimum of his indeterminate and/or definite sentences.
2. At least 10 years for prisoners sentenced to reclusion perpetua or life imprisonment for crimes or
offenses committed before January 1, 1994.
3. At least 12 years for prisoners whose sentences were adjusted to a definite prison term of 40 years
in accordance with the provisions of article 70 of the revised penal code, as amended.
4. At least 15 years for prisoners convicted of heinous crimes as defined in republic act no. 7659 and
other special laws committed on or after January 1, 1994 and sentenced to one or more reclusion
perpetua or life imprisonment.
5. At least 20 years in case of 1 or more death penalty/penalties, which was/were automatically reduced
or commuted to 1 or more reclusion perpetua or life imprisonment.

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For Conditional Pardon
- prisoner shall have served at least 1/2 of the minimum of his original indeterminate and/or definite
sentence
- if convicted of a heinous crime - shall have served at least 1/2 of the maximum of his original
indeterminate sentence before his case may be reviewed for conditional pardon

For Absolute Pardon

- after he has served his maximum sentence or granted final release and discharge or court
termination of probation

BPP may consider a petition for absolute pardon even before the grant of final release and discharge
when the petitioner:
1. is seeking an appointive/elective public position or reinstatement in the government service
2. needs medical treatment abroad which is not available locally
3. will take any government examination
4. is emigrating

Prisoners not Eligible for Executive Clemency

- those who escaped or evaded service of sentence
- not eligible for a period of 1 year from the date of their last recommitment to prison or conviction
for evasion of service of sentence

Transmittal of Carpeta and Prison Record

- Director or Warden shall forward the prison record and carpeta of a petitioner at least 1 month prior
to the eligibility for review
- shall also furnish the BPP and the PPA on or before the fifth day of every month, a list of prisoners
whose minimum sentences will expire within 90 days and those who may be considered for
executive clemency

Proceedings of the BPP

Factors to be Considered in Petition for Conditional Pardon, Commutation of Sentence or Parole
a. the age of the petitioner, the gravity of the offense and the manner in which it was committed, and
the institutional behavior or conduct and previous criminal record, if any
b. evidence that petitioner will be legitimately employed upon release
c. a showing that the petitioner has a place where he will reside
d. availability of after-care services for the petitioner who is old, seriously ill or suffering from a physical
disability
e. attitude towards the offense and the degree of remorse
f. the risk to other persons, including the victim, his witnesses, his family and friends, or the community
in general, the possibility of retaliation by the victim, his family and friends

Special Factors
For commutation of sentence or conditional pardon whenever these circumstances are present:
a. youthful offenders
b. prisoners who are sixty (60) years old and above
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind
or similar disabilities
d. serious illness and other life-threatening disease as certified by a government physician
e. those prisoners recommended for the grant of executive clemency by the trial/appellate court as
stated in the decision
f. alien prisoners where diplomatic considerations and amity between nations necessitate review
g. circumstances which show that his continued imprisonment will be inhuman or will pose a grave
danger to the life of the prisoner or his co-inmates
h. such other similar or analogous circumstances whenever the interest of justice will be served thereby

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 ON IMPRISONMENT
RA 10592
Preventive Imprisonment
• ART. 29, RPC
- accused who have undergone preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with the full time during which they have
undergone preventive imprisonment
Provided:
a. A detention prisoner agrees voluntarily in writing after being informed of its effects
and with the assistance of counsel to abide by the same disciplinary rules imposed
upon convicted prisoners
Note:
The deduction does not apply to:
a. recidivists, or have been convicted previously twice or more times of any crime
b. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily
c. detention prisoner who does not abide by the same disciplinary rules as to the of
convicted prisoners - credited 4/5
If he has served for a period equal to the possible maximum imprisonment of the offense
charged against him but his case is not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial thereof even if the case is on appeal
d. Does not apply to recidivists, habitual delinquents, escapees and persons charged
with heinous crimes
e. If the sentence is Destierro, he shall be released after 30 days of preventive
imprisonment

Partial extinction of criminal liability

ART. 94, RPC
1. By conditional pardon
2. By commutation of the sentence
3. For good conduct allowances which the culprit may earn while he is undergoing preventive
imprisonment or serving his sentence

Allowance for good conduct

ART. 97, RPC
This shall be deducted from the period of sentence:
1. During the first two years of imprisonment – 20 days
2. During the third to the fifth year – 23 days
3. During the following years until the 10th year – 25 days
4. During the 11th and successive years – 30 days
5. For each month of study, teaching
or mentoring service time rendered – 5 days
Note: Applies even if the case is on appeal

Special time allowance for loyalty

ART. 98, RPC
Given to persons who have evaded sentence (Art. 158)
a. 1/5 deduction - gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe
b. 2/5 deduction – if he chose to stay in the place of his confinement notwithstanding is existence
Note: Applies to any prisoner

Who grants time allowances

ART. 99, RPC
1. Director of the Bureau of Corrections
2. Chief of the Bureau of Jail Management and Penology
3. Warden of a provincial, district, municipal or city jail
Note: Such allowances once granted shall not be revoked.

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Arbitrary detention
Article 124, RPC
- committed by any public officer or employee who, without legal grounds, detains a person
Legal Grounds for Detention:
a. Commission of a crime
b. Violent insanity or any other ailment requiring the compulsory confinement of the patient in
a hospital,

Delay in the delivery of detained persons to the proper judicial authorities

Article 125, RPC
- committed by a public officer or employee who shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial authorities within the period of:
a. 12 hours - crimes punishable by light penalties
b. 18 hours - crimes punishable by correctional penalties
c. 36 hours - crimes punishable by afflictive or capital penalties
Note: Detainee shall be informed of the cause of his detention and shall be allowed upon his request,
to communicate and confer at any time with his attorney or counsel

Delaying release
Article 126, RPC
- committed by any public officer or employee who delays for the period of time the performance of
any judicial or executive order for the release of a prisoner or detention prisoner
- or unduly delays the service of the notice of such order to said prisoner or the proceedings upon
any petition for the liberation of such person.

Evasion of service of sentence

- committed by any convict who shall evade service of his sentence by escaping during the term of his
imprisonment by reason of final judgment
- could be done by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, floors,
or by using picklocks, false keys, disguise, deceit, violence or intimidation, or through connivance
with other convicts or employees of the penal institution, the penalty shall be prision correccional in
its maximum period
Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities
- 1/5 deduction - gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe
- 2/5 deduction – if he chose to stay in the place of his confinement notwithstanding is existence
Other cases of evasion of service of sentence
- committed by convicts who have been granted conditional pardon by the Chief Executive
- where he violates any of the conditions of such pardon
- if the penalty remitted by the granting of such pardon be higher than 6 years - convict shall then
suffer the unexpired portion of his original sentence
Conniving with or consenting to evasion
- committed by any public officer who shall consent to the escape of a prisoner in his custody or
charge
Evasion through negligence
- if the evasion of the prisoner shall have taken place through the negligence of the officer charged
with the conveyance or custody of the escaping prisoner
Escape of prisoner under the custody of a person not a public officer
- committed by any private person to whom the conveyance or custody of a prisoner or person under
arrest shall have been confided

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