PAROLE AND PROBATION ADMINISTRATION (PPA)

The Parole and Probation Administration (Filipino: Pangasiwaan sa Parol at

Probasyon), abbreviated as PPA, is an agency of the Philippine government under
the Department of Justice responsible for providing a less costly alternative to
imprisonment of first-time offenders who are likely to respond to individualized
community-based treatment programs.
HISTORY
Probation was first introduced in the Philippines during the American colonial period
(1898–1945) with the enactment of Act No. 4221 of the Philippine Legislature on August
7, 1935. This law created a Probation Office under the Department of Justice. On
November 16, 1937, after barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional because of some defects in the
law's procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish a probation
system in the Philippines. This bill avoided the objectionable features of Act 4221 that
struck down the 1935 law as unconstitutional. The bill was passed by the House of
Representatives, but was pending in the Senate when Martial Law was declared
and Congress was abolished.
In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After
18 technical hearings over a period of six months, the draft decree was presented to a
selected group of 369 jurists, penologists, civic leaders and social and behavioral
scientists and practitioners. The group overwhelmingly endorsed the establishment of
an Adult Probation System in the country.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of
1976, was signed into Law by the President of the Philippines.
The start-up of the probation system in 1976-1977 was a massive undertaking during
which all judges and prosecutors nationwide were trained in probation methods and
procedures; administrative and procedural manuals were developed; probation officers
recruited and trained, and the central agency and probation field offices organized
throughout the country. Fifteen selected probation officers were sent to United
States for orientation and training in probation administration. Upon their return, they
were assigned to train the newly recruited probation officers.
The probation system started to operate on January 3, 1978. As more probation officers
were recruited and trained, more field offices were opened. There are at present 204
field offices spread all over the country, supervised by 15 regional offices.

Legal Basis:
 Presidential Decree No. 968 (July 24, 1976), “the Probation Law of 1976”,
created the Probation Administration to administer the probation system.
  Executive Order No. 292 (July 25, 1987), the “Administrative Code of 1987”,
renamed the Probation Administration to Parole and Probation Administration
(PPA).
 Republic Act No. 9165 (June 7, 2002), or The Comprehensive Dangerous
Drugs Act of 2002, put the investigation and supervision of First Time Minor Drug
Offenders under suspended sentence (FTMDO) as an added function of the
PPA.
 Executive Order No. 468 (October 11, 2005) revitalized the Volunteer Probation
Aide (VPA) program, placing the PPA in the forefront in relation to crime
prevention, treatment of offenders in a community-based setting, and in the
overall administration of criminal justice.

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

MANDATE
The Parole and Probation Administration is mandated to conserve and/or redeem
convicted offenders and prisoners who are under the probation or parole system.
GOALS
The Administration's programs sets to achieve the following goals:

 Promote the reformation of criminal offenders and reduce the incidence of

recidivism, and
 Provide a cheaper alternative to the institutional confinement of first-time offenders
who are likely to respond to individualized, community-based treatment programs.

MISSION
To rehabilitate probationers, parolees and pardonees and promote their development as
integral persons by utilizing innovative interventions and techniques which respect the
dignity of and recognize his divine destiny.
VISION
A model component of the Philippine Correctional System to enhance the quality of life
of its clients through multi-disciplinary programs and resources, an efficient
organization, and a highly professional and committed workforce in order to promote
social justice and development.

FUNCTIONS
To carry out these goals, the Agency through its network of regional and field parole
and probation offices performs the following functions:

 to administer the parole and probation system

 to exercise supervision over parolees, pardonees and probationers
 to promote the correction and rehabilitation of criminal offenders.

Major Rehabilitation Programs

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

 The THERAPEUTIC COMMUNITY (TC) is a self-help social learning treatment

model used in the rehabilitation of drug offenders and other clients with behavioral
problems. TC adheres to precepts of “right living” - Responsible Love and Concern;
Truth and Honesty; the Here and Now; Personal Responsibility for Destiny; Social
Responsibility (brother’s keeper); Moral Code; Work Ethics and Pride in Quality.
The Therapeutic Community (TC) is an environment that helps people get help while
helping themselves. It operates in a similar fashion to a functional family with a
hierarchical structure of older and younger members. Each member has a defined role
and responsibilities for sustaining the proper functioning of the TC. There are sets of
rules and community norms that members commit to live by and uphold upon entry. The
primary “therapist” and teacher is the community itself, consisting of peers,
staff/probation and parole officers and even Volunteer Probation Aides (VPA), who, as
role models of successful personal change, serve as guides in the recovery process.
 The VOLUNTEER PROBATION ASSISTANT (VPA) PROGRAM is a strategy by
which the Parole and Probation Administration may be able to generate maximum
citizen participation or community involvement.
Citizens of good standing in the community may volunteer to assist the probation and
parole officers in the supervision of a number of probationers, parolees and conditional
pardonees in their respective communities. Since they reside in the same community as
the client, they are able to usher in the reformation and rehabilitation of the clients
hands-on.
In collaboration with the PPO, the VPA helps pave the way for the offender, victim and
community to each heal from the harm resulting from the crime done. They can initiate a
circle of support for clients and victims to prevent further crimes, thereby be participants
in nation-building.

What is the Board of Pardons and Paroles in the Philippines?

The Board of Pardons and Paroles releases prisoners on parole and recommends the
grant of presidential pardons. The Parole and Probation Administration supervises the
rehabilitation of parolees as well as probationers.

What is the Board of pardon and parole tasked to do?

The policy objectives of the board are to "uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and excessive deprivation of personal
liberty." The manual presents the criteria and procedures for executive clemency,
followed by the regulations for parole.

How was the Board of Pardons and Parole BPP created?

The BPP is a collegial body created by virtue of Republic Act No. 4103 (Indeterminate
Sentence Law), as amended, with the duty to look into the physical, mental and criminal
record of all prisoners eligible for parole and to determine the proper time for the release
of those prisoners.

What is indeterminate sentence in the Philippines?

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

Indeterminate sentence, in law, term of imprisonment with no definite duration

within a prescribed maximum. Eligibility for parole is determined by the parole authority.
 An indeterminate sentence is a type of custodial sentence that consists of a range
of years (such as five to ten years) and not a fixed time, which means the convicted
person's release date is left open.

Board of Pardons and Parole

- was created pursuant to Act No. 4103, as amended. It is the intent of the law to uplift
and redeem valuable human material to economic usefulness and to prevent
unnecessary and excessive deprivation of personal liberty.
Functions\
1. To grant parole to qualified prisoners;
2. To recommend to the President the grant of pardon and other forms of executive
clemency;
3. To authorize the transfer of residence of parolees and pardonees, order their arrest
and recommitment, or grant their final release and discharge.
Basis for Grant of Parole
1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, he or she will live and remain at
liberty without violating the law; and
3. His or her release will not be incompatible with the welfare of society.

BOARD COMPOSITION - The Board shall be composed of the Secretary OF JUSTICE

as THE Chairman, THE ADMINISTRATOR OF THE PAROLE AND PROBATION
ADMINISTRATION AS THE VICECHAIRMAN and six (6) members consisting of the
DRECTOR OF THE BUREAU OF CORRECTIONS, a sociologists; A PSYCHOLOGIST;
a clergyman; an educator; and a member of the Philippine Bar: Provided, That AT
LEAST one of them is a woman. PROVIDED FURTHER, THAT, AT THE ABSENCE OF
THE CHAIRMAN, THE VICE-CHATRMAN SHALL PRESIDE. The members of the
board shall be appointed by the President upon the recommendation of the Secretary
and shall hold office for a term of six (6) years, without prejudice to appointment."

"In case of vacancy by reason of death, incapacity, resignation or removal of any of the
Board members, the Secretary shall have the authority to designate a temporary
member possessing the qualifications of his predecessor and to serve out his unexpired
term or until the President shall have appointed a regular member to fill the vacancy."

WHAT IS EXECUTIVE CLEMENCY?

 It is an act of mercy or leniency from certain consequences of a criminal
conviction, and is exercised by the President after receipt of a recommendation
from the BPP.
 Refers to the commutation of sentence, conditional pardon and absolute pardon
that may be granted by the President upon recommendation of the BPP.

FORMS OF EXECUTIVE CLEMENCY

1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence

Commutation - refers to the reduction of the duration of a prison sentence of a

prisoner.
Commutation Allowed When:
1. Person is over 70 years old
2. 8 justices fail to reach a decision affirming the death penalty

Absolute Pardon - An act of grace, proceeding from the power entrusted with the
execution of the laws, exempts the individual from the penalty of the crime he has
committed.
Conditional Pardon – If delivered and accepted, it is a contract between the executive,
and the convict that the former will release the latter upon the compliance with the
condition.
* Example of a condition: Not to violate to any penal laws of the country again.

Reprieve is the temporary suspension of a prison sentence to release an offender

under conditions which, if violated, permit his re-imprisonment.

AMNESTY
Refers to an act of pardoning an offense. Amnesty is granted by a sovereign power
and is usually exercised in favor of a group of persons.

Amnesty is granted either before or after conviction while pardon is given only after
conviction; Pardon looks forward and relieves the offender from the consequences of
an offense of which he has been convicted.

“The amnesty proclamations issued by the President are products of peace agreements
and of programs of the government to reintegrate former rebels into mainstream
society,”

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

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

No pardon, amnesty, parole, or suspension of sentence for violation of
election rules, and regulations shall be granted by the President without a favourable
recommendation of the Commission.
WHO WILL GRANT EXECUTIVE CLEMENCY? It is exercise by the President. Upon
the recommendation of the Board of Pardons and Parole, s/he can grant pardons,
commute sentences, or defer the implementation of sentences.

WHY IT IS EXTENDED? In general, Executive Clemency is often extended for

humanitarian reasons, such as to an aged and ill inmate who needs specialized medical
care. Inmates who suffer from serious, contagious, or life-threatening illness or disease
and those prisoners with severe disability can now be recommended for executive
clemency.

THE INSTITUTIONAL TREATMENT PROGRAMS

1. PRISON EDUCATION - the cornerstone of rehabilitation.

- It is the process or result of formal training in school or classrooms intended to shape
the mind and attitude of prisoners towards good living upon their release.

CLASSES OF PRISON EDUCATION

A. GENERAL AND ACADEMIC EDUCATION - the objective of which is to eradicate

illiteracy among prisoners.
B. VOCATIONAL EDUCATION - the purpose of which is to provide prisoners
necessary skills for successful works in a socially acceptable occupation after their
release. (Auto mechanics, shoe making, tailoring, carpentry)
C. PHYSICAL EDUCATION

2. WORK PROGRAMS – these are programs conducive to change behaviour in morale

by training prisoners for useful occupation. It is purposely to eliminate idleness on the
part of prisoners, which may contribute to "prison stupor", and it affects the incidence of
prison riot.

3. RELIGIOUS SERVICES IN PRISON - the purpose of this program is to change the

attitudes of inmates by inculcating religious values or belief.

4. RECREATIONAL PROGRAMS – the only program that is conducted during free time
schedule.
5. MEDICAL AND HEALTH SERVICES – medical and health services includes: Mental
and Physical examination
Diagnostic and Treatment – Immunization – Sanitary – Inspection – Participation in
training.
6. COUNSELING AND CASEWORK
 REHABILITATION SERVICES IN JAILS

There are three different types of rehabilitation programs:

- Psychological
- Occupational-based, and
- Education-focused.
Psychological rehabilitative programs focus on the social and mental health of the
offender.
Occupational-based programs seek to prepare offenders to re-enter the workforce by
training them on jobs.
Education-focused programs seek to improve the well-being of offenders and
improve their ability to succeed upon release.

What is the goal of rehabilitation in criminal justice?

The goal of rehabilitation in criminal justice is two-fold: to reduce recidivism and to

address the problems of the offender according to relevant environmental factors. This
will ideally improve communities and reduce crime rates.

SOURCES:

 Presidential Decree 968, as amended

 E.O. 468, s. 2005 Revitalizing the Volunteer Probation Aide (VPA) Program of the PAROLE
AND PROBATION ADMINISTRATION
 Republic Act 10707, An Act Amending Presidential Decree No. 968, Otherwise Known As The
"PROBATION LAW OF 1976", As Amended
 http://probation.gov.ph
o ^ https://www.dbm.gov.ph/wp-content/uploads/GAA/GAA2021/TechGAA2021/DOJ/H.pdf [bare URL
PDF]

o ^ "Parole and Probation Administration's Mission".

^ "Parole and Probation Administration's Mandate"

 1987 Philippine Constitution

 Republic Act no. 4103