FURLOUGH- Authorization that permits inmate to leave containment for emergency family crises,

usually accompanied by correctional officer crises include visiting “death – bed”.

3 HOURS VISIT- FOR DECEASED LOVE ONE’S

- Not more than 30 KM radius from Prison

- More than 30 KM but you can

- Return in day light time

- Cannot join Funeral Procession

- Request at least 3 days before the date of visit

- Approved by the Trial Court

- Inmates confined in maximum security prison compounds are disqualified to avail the privilege of
furlough

HALF-WAY HOUSES – These are non-confining residential facilities for adjudicated adults or juvenile or
those who are subject to proceedings. The are alternative to containment for persons not suited for
probation who need of re-adjustment to the community after imprisonment.

TYPES OF HALF-WAY HOUSE

1. Half-Way out- Pre-release facility used to orient the prisoner before release for adjustment purposes
in coping the outside

a. Pre- release- Place for parole eligible

b. Parolees- Granted parole but needs assistance in coping outside.

2. Half-Way in – Consisting of prisoners who are half way in prison includes:

a. Probation Violators

b. Parole Violators

Quarter houses- for probationers

Half houses- for parolees

Three quarter houses- Intensive alternative for prison confinement/committed.

ORIGIN OF THE WORD PRISON

Derived from the Greco-Roman word PRESIDIO- PRE means BEFORE and SIDIO means INSIDE. It
is synonymous to a FENCED-CAVE or Dungeon
ORIGIN OF THE WORD JAIL

- It is said to have been derived from the Spanish word JAULA which means a CAGE
- Etymologist attributed that it originated from the SAPNISH word meaning a place of
confinement
- It is also said to have been derived from the FRENCH word GAOL pronounced as “GEOLE”, a
place for arrested persons who committed a crime.

IMPORTANT TERMINOLOGIES

 Carpeta- It refers to the institutional record of an inmate which consists of his

mittimus/commitment order, the prosecutor’s information and the decision of the trial court,
including the appellate court, if any.
 Commitment Order- It is a written order of the court or any other competent authority
consigning an offender to jail or prison for confinement.
 Corrections- It is that branch of administration of criminal justice with the responsibility for the
custody, supervision and rehabilitation of the convicted offender.
 Contraband- It refers to anu article, item or thing prohibited by law and/or forbidden by jail
rules
TYPES OF CONTRABAND
- Illegal contraband- prohibited by law
- Nuisance Contraband- Prohibited only by jail rules
 COED INSTITUTION- or co-correctional institution which holds both male and female offenders
who interact and share the facility except for sleeping areas. The study, eat, dance, work and
engage in leisure activities within one campus.
 DETERRENCE- a crime control strategy that uses punishment to prevent others from committing
similar crimes
 CLASSIFICATION- it refers to the assigning or grouping of inmates according to their sentence,
gender, age, nationality, health, criminal records, etc.
- It is a method by which diagnosis, treatment, planning and execution of treatment programs are
coordinated to an individual.
- It refers to the process of assigning inmates to types of custody or treatment programs
appropriate to their needs.
- Also known as DIVERSFICATION
 DIVERSIFICATION- administrative device of correctional institutions of providing varied and
flexible types of physical plants for more effective control of the treatment programs of its
diversified population
 DIVERSION- Establishment of alternatives to formal justice system such as deferred prosecution
resolution of citizen’s dispute, and treatment alternatives to formal justice system such as
deferred prosecution resolution of citizen’s dispute, and treatment alternatives to street crimes.
  DEINSTITUTIONALIZATION- A crime strategy that focuses on keeping the offenders in the
community rather than placing them in long term institution.
 PENANCE- An ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual
offense.
 PENALTY- it refers to the suffering that is inflicted by the state for the transgression of the law.
 PRISON RECORD- This refers to information containing an inmate’s personal circumstances, the
offense he committed, the sentence imposed, the criminal case numbers in the trial appellate
courts, the date he commenced service of sentence imposed, the date he was received for
confinement, the place of confinement, the date of expiration of his sentence, the number of
previous convictions, if any, and his behavior and conduct while in prison.
 PROSELYTIZING- this refers to the act of coercing of an inmate to change and practice other
religion
 Prisonization- it as a process by which an inmate learns through socialization; in accordance with
the rules and regulation of the penitentiary culture.

CONJUGAL VISIT under Memorandum Circular of BJMP-LSO-MC-69

Definition of Terms

A. Common-law spouses- shall refer to a man and a woman who are capacitated to marry each
other but living exclusively with each other as husband and wife without the benefit of marriage.

B. Conjugal Room- refers to a separate room measuring at least 2.5m x 3.5m equipped with a
bed, ceiling fan and comfort room

C. Conjugal Visitation- refers to the visit by wife/husband for a short period usually an hour,
more or less, to her/his incarcerated husband/wife during which they are allowed privacy and are
generally understood to have sexual contact.

D. Depot Medroxyprogesterone Acetate (DMPA)- refers to a long acting progestogen- only

injectable contraceptive to prevent pregnancy in women. It takes one week to take effect if given after
the first 5 days of the menstrual period cycle, and is effective immediately if given during the first 5 days
of the menstrual period cycle.

E. Sterilization- refers to a permanent form of birth control that is extremely effective at

preventing pregnancy but it is difficult to reverse. Both men and women can be sterilized. For Women, a
tubal ligation is performed, whereas, for men a VASECTOMY is performed.

TUBAL LIGATION- refers to a permanent form of birth control where the fallopian tube of the woman
are cut, tied, clamped, or sealed shut.

VASECTOMY- refers to a simple, permanent sterilization procedure for men. It is generally safer and less
painful than sterilization in women. The operation, usually done in a doctors office, requires cutting and
sealing or blocking the “vas deferens” or the tubes in the male reproductive system that carry sperm. A
vasectomy prevents to achieve orgasm or ejaculate. There will be a fluid ejaculate, but there will be no
sperm in the fluid.
GUIDELINES

1. a conjugal room shall be provided in every jail.

2. jails which have existing conjugal rooms may continue to use such rooms for the purpose.

3. Concerned jail wardens shall coordinate with the nearest government hospital so that all interested
female PDL may receive and “implant” or “depot medroxyprogesterone acetate” (DMPA)

4. the privilege of availing conjugal visitation shall be accorded to all qualified PDL. NO FEES OR
CHARGES IN WHATEVER FORM SHALL BE COLLECTED IN THE AVAILMENT OF THIS PRIVILEGE.

5. All interested female PDL shall receive an “implant” or “dept medroxyprogesterone acetate (DMPA”),
or their variants, to prevent the occurrence of pregnancy and to qualify in availing the privilege.

6. the privilege of availing conjugal visitation shall only be available to those who are legally married.
Provided, that a male and a female who are living together as husband and wife without a valid
marriage but without legal impediment to marry each other, regardless of the period of cohabitation,
can avail of this privilege.

7. conjugal visit shall be available once a month.

8. the legal or common law spouse of the PDL who is scheduled for conjugal visitation shall subject
himself/herself to strip search and visual body cavity search without need of a written consent,
otherwise, he/she shall be refused entry.

9. conjugal visitation shall be from Tuesday to Sunday only. The visitor and her/his spouse shall only be
allowed a maximum period of 2 hours. From Tuesday to Friday, the scheduling shall be from 1:00 pm to
5:00 pm. During Saturdays and Sundays, conjugal visitation shall be from 8:00 am to 12:00 noon and
from 1:00 pm to 5:00 pm. The visitor shall be allowed entry one (1) hour prior to schedule. NO
OVERNIGHT

 OPERATION GREYHOUND- it is a surprise and unannounced invasion of a cell inside a prison

facility conducted by uniformed personnel of the prison establishment to search for any type of
contraband.
 SEARCHING/SHAKEDOWN- this step involves the frisking of the prisoner and searching his
personal things. Weapons and other items classified as contrabands are confiscated and
deposited to the property custodian. Other properties are deposited with the trust fund officer
under recording and receipts.
 Pat- Patting of subjects clothing
 Rub- putting of body over the clothing including the groin, buttocks and breast
 Strip- naked search
 Body cavity search- expose body cavities like anus and vagina to look for contrabands.

SECURITY GROUPS

1. Escort Platoon

a. Escort Section- to escort inmate upon order of any judicial body; upon summon of a court; or transfer
to other penal institutions, Ratio of 1:2 (one inmate: 2 jail officers)
b. Subpoena Section- receives and distribute court summons, notices, subpoenas, etc.

2. Security Platoon- a three (3) working platoon shifts responsible for overall security of the jail
compound including gates, guard posts and towers. They are also responsible for the admitting and
releasing unit.

JAIL MANNIG LEVEL

1. Custodial Ratio- 1 Personnel for every 7 inmates

2. Court Room Ratio- 2 Personnel for every 1 inmate

3. Escort Ratio- 1 personnel for every 1 inmate plus one personnel for high-risk inmate

4. Long Distance Travel- minimum of 3 personnel

5. Reformation Officer Ratio- 1 Personnel to 24 inmates.

CAN AN INMATE MARRY?

- Yes, but
- Be held inside the jail
- Request must be produced to the superintendent
- Expenses must be shouldered by the inmate
- Solemnized by the prison chaplain
- No media coverage
- No jail personnel sponsors and witness

BUCOR’S TEAMS UNDER RIOT AND DISORDERS

Group 1- Anti riot assault with shields, head gear, gas mask and baton to disperse the rioters and leaders

Group 2- Backup team with tear gas and gas grenades

Group 3- Fire arms team, use firearms with permission of the guard in charge.

SEC. 19 INMATES SECURITY CLASSIFICATION

A. HIGH PROFILE INMATE- those who require increased security based on intense media coverage or
public concerns as a result of their offense such as but not limited to those who have been involved in a
highly controversial or sensationalized crime or those who became prominent for being a politician,
government official, multi-million entrepreneur, religious or cause oriented group leader and movie or
television personality.

B. HIGH RISK INMATE- those who are considered highly dangerous and who require a greater degree of
security, control and supervision because of their deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence inside the jail. (heinous crime)
C. HIGH VALUE TARGET- a target either a resource or a person, who may either be an enemy combatant,
high ranking official or a civilian in danger of capture or death, typically in possession of critical
intelligence, data, or authority marked as an objective for a mission.

SALIENT POINTS ON RA 10575 “BUCOR LAW OF 2013”

CLASSIFICATION OF DORMITORY

TYPE A DORMITORY- above 500 inmates capacity and lot area of more than 1.5 hectares

TYPE B DORMITORY- 101 to 500 inmates capacity and lot area of 1.5 hectares

TYPE C DORMITORY- 1 to 100 inmates capacity and lot area of 3,000 sq. m.

CELL CAPACITY (1 cell: 4.7 sqm per inmate: 10 maximum inmate per cell: 5 maximum beds by 2 floors)

1. Ideal Habitable floor area per inmate = 4.7 square meters

2. Maximum number of inmates per cell = 10

3. Maximum number of bunks beds = 5 unit two levels

KEY POSITIONS

The BuCor shall be headed by a DIRECTOR who shall be assisted by three (3) Deputy Directors: one (1)
for administration, one (1) for security and operations and one (1) for reformation, all of whom shall be
appointed by the president upon the recommendation of the Secretary of the DOJ who shall have a
tenure of 6 years.

BUCOR MANNING LEVEL

1. 1:7 for three (3) shifts and

2. reformation personnel-to-inmate ratio of 1:24 for one (1) shift

3. the reformation ratio is broken down into the following:

A. Moral and Spiritual personnel-to-inmate ratio is 1:240 (1 priest:240 inmates)

B. Education and Training personnel-to-inmate ratio is 1:120 (1 teacher: 120 inmates)

C. Work and Livelihood personnel-to-inmate ratio is 1:180 (1 vocational officer: 180 inmates)

D. Sports and Recreation personnel-to-inmate ratio is 1:225 (1 sports officer: 225 inmates)

E. Health and Welfare personnel-to-inmate ratio is 1:8 (1 health officer: 8 inmates)

F. Behavior Modification personnel-to-inmate ratio is 1:150 (1 behavior Mod Officer: 150

inmates)
NON-INSTITUTIONAL CORRECTION

Community-based approach to corrections as a way to decongest the prisons involve the public
attorney’s office and the National prosecution service effecting the immediate release of detainees
either on bail or recognizance and fiving priority to the trial of detainees who cannot be released on bail
or recognizance.

It involves the efficient performance of the Board of Pardons and Parole in the granting og timely release
of prisoners and the effective supervision of released prisoners on parole or conditional pardon and
those under probation by the probation and parole administration. Probation and Parole are two forms
of non-institutional or community-based corrections.

ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:

- The convict can still support their family; not to be far away from his children;
- 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 monitor by the community
- Cost of incarceration will be eliminated

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

PROBATION- it is a disposition under which a defendant, after conviction and sentence, is release
subject to conditions imposed by the court and to the supervision of a probation officer

- A term coined by Jogn Augustus, from the Latin verb “Probare” to prove, to test and
“probation”- testing period

HISTORY

- Two names are most closely associated with the founding of probation: Matthew Davenport Hill,
and 18th Century English barrister and judge, and John Augustus, a 19th Century Boston boot-
maker.
- As a young professional in England, Matthew Davenport Hill had witnessed the sentencing of
youthful offenders to one-day terms on the condition that they be returned to a parent or
guardian who would closely supervise them.
- He eventually became the RECORDER of Birmingham, a judicial post, he used a similar practice
for individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for
rehabilitation, they were placed in these guardians in an effort to tack the offenders progress
and to keep a running account.
- MATTHEW DAVENPORT HILL- Father of Probation in England

JOHN AUGUSTUS- the father or probation is recognized as the FIRST TURE PROBATION OFFICER

- Augustus was born in Woburn, Massachusetts in 1785

- By 1829, he was a permanent resident of Boston and the owner of a successful Boot-making
business.
 - It was undoubtedly his membership in the Washington Total Abstinence Society that led him to
be the Boston courts.
- Washingtonians abstained from alcohol themselves, and were convinced that abuses of alcohol
could be rehabilitated through understanding, kindness and sustained moral suasion rather then
through conviction and jail sentences.
- In 1841, John Augustus attended police court to bail out a “common drunkard,” the first
probationer
- The offender was ordered to appear in court three weeks later sentencing. He returned to court
a sober man, accompanied by Augustus.
- He was also the first to apply the term “probation” to this process of treating offenders
- By 1858, John Augustus had provided bail for 1,946 men and women, young and old.
Reportedly, only ten of this number forfeited their bond.
- Fr. Rufus 'Cook- a chaplain in Boston, Massachusetts who continued the work of Augustus after
the latter’s death.

HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES

ACT 4221- The first Probation Law of 1935

- The law created a probation office under the DOJ. 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 the case of People vs Vera which
states that Act 4221 causes undue delegation of legislative power and violation of equal
protection of the law.
- In 1972, House Bill No. 393 was filed in congress by Teudolo C. Natividad and Ramon D.
Bagatsing 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.
- On July 24, 1976, PD 968, also known as Adult Probation Law of 1976 was signed into law by
the President of the Philippines.
- 15 selected probation officer were sent to U.S.A. for orientation and training in probation
administration.
- The probation system started to operate on July 03, 1978. As more probation officers were
recruited and trained, more field offices were opened.
- PD 968 was amended; otherwise known as “Adul Probation Law of 1976”

CONG. TEUDOLO NATIVIDAD

- Drafted the Decree on Probation in the Philippines

- First Probation Administrator
- Father of Probation in the Philippines

CONG. RAMON BAGATSING AND TEUDOLO NATIVIDAD – introduced House Bill 393 “An Act
Establishing Probation in the Philippines”.
 Is probation a Right or Privilege?

Probation is not demandable as a matter of right, it is a privilege. Its grand depends upon the
discretion of the court. But it will be declared as a right if the applicant is a minor stated under RA
9344 and when the probation is already released by court.

TIME FOR APPLICATION: within 15 days from promulgation of notice of judgment.

Effect on Appeal: the filing of application for probation shall be deemed a waiver of the right to
appeal.

PERIOD OF PROBATION

a. if the sentenced of imprisonment not more than 1 year, shall not exceed 2 years and in all other case,
said period shall not exceed 6 years

b. if the sentence imposes a fine only and the offender is made to serve a subsidiary imprisonment in
case of insolvency, the period of probation shall not be less than nor more than twice in the total
number of days of subsidiary imprisonment as computed in the rate established in art. 39 of the revised
penal code, as amended.

CONDITIONS OF PROBATION

1. General or Mandatory Conditions

- Present himself to the probation (and parole) officer designated to undertake his supervision at such
place as may be specified in the order within 72 hours from receipt of said order;

- Report himself to the probation (and parole) officer at least once a month

2. Special or Discretionary Conditions

- The court may also require the probationer to:

a. cooperate of the program supervision

b. meet his family responsibility

c. devote himself to specific employment

d. undergo medical examination

e. pursue a prescribed secular study or vocational training

f. attend or reside in a facility established for instruction, recreation or residence of persons on

probation

g. refrain from vising houses of ill-repute

h. abstain from drinking intoxicating beverages to excess

i. reside at premise

k. satisfy any other condition

SEC. 41 OUTSIDE TRAVEL

A. A Probation Officer may authorize a probationer to travel outside his area of operational/territorial
jurisdiction for a period of more than 10 days but not exceeding 30 days.

B. A probationer who seeks to travel for up to 30 days outside the operational/territorial jurisdiction of
the Probation Office shall file at least 5 days before the intended travel schedule a request from
outside travel (PPA Form 7) properly recommended by the Supervising Probation Officer on case and
approved by the CPPO.

C. if the requested outside travel is for more than 30 days, said request shall be recommended by the
CPPO and submitted to the trial court for approval.

D. Outside travel for a cumulative duration of more than 30 days within a period of 6 months shall
considered as a courtesy supervision.

ABSCONDING PETITIONER VS ABSCONING PROBATIONER

ABSCONDING PETITIONER- a convicted defendant whose application for probation has been given due
course by the court but fails to report to the probation office or cannot be located within reasonable
time.

ABSCONDING PROBATIONER- a person whose probation was granted but failed to report for supervision
or fails to continue reporting for supervision or shoes whereabouts are unknown for a reasonable period
of time.

Which may apply for Probation?

- A convicted offender
- Sentenced to sere a maximum term of imprisonment of not more than 6 years
- Not convicted of subversion, or any crime against national security
- Not previously convicted by final judgment of an offense punished by imprisonment not least
- than one year and 1 day or fine not less than 200.00 pesos

PROBATION VS PAROLE

Probation

- Given by the Court

- Given after Conviction

PAROLE

- Given by the BPP

- Given after serving minimum sentence
PIONEERS OF PAROLE SYSTEM

ALEXANDER MACONOCHIE- Father of Parole (in Australia)

WALTER CROFTON- Founder of Parole in Ireland (Irish system)

ZEBULON BROCKWAY- Founder of Parole in USA (Elmira Reformatory)

BPP VS PPA

Board of Pardons and Parole

- Headed by a Chairman (SEC DOJ)

- Read the reports of PPA
- Approves & revokes parole
- Recommends Executive Clemencies to the president
- Recommends the revocation of Pardon

Parole and Probation Administration

- Headed by an Administrator
- Conducts PSI & Supervision
- Submits Report to Court and BPP
- Recommends the revocation of parole and Probation

Indeterminate Sentence Law/Parole program- it is that type of correctional program that enables the
convicted felon after serving the minimum imposable penalty may be eligible for release on parole.

Executive Clemency- it is the power of the Chief Executive to grant amnesty, commutation of sentence,
pardon, reprieve and remit fines and forfeitures to convicted prisoners

Restorative Justice Program- it refers to the program enacted under RA 9344 for CICL’s that requires a
CICSL’s to undergo after he/she is found responsible for an offense without resorting to formal court
proceeding like diversion, intervention and community based-programs.

PARDON

- It is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment. Pardoning power is
exercised by the PRESIDENT

GENERAL TYPES OF PARDON

- Special Pardon- Pardon gives to a single individual

- General Pardon- Pardon given to classes or group of people
KINDS OF PARDON

- ABSOLUTE PARDON- the extinction of the criminal liability of the individual to whom it is granted
without any condition and restores to the individual his civil rights.
- CONDITIONAL PARDON- the extinction of the criminal liability of an individual, within certain
limit or conditions.

EFFECTS OF PARDON

- It removes penalties and disabilities and restores full civil and political rights;
- It does not discharge the civil liability of the convict to the individual he has wronged as he
President has no power to pardon a private wrong;
- It does not restore offices, property or rights vested in others in consequence of the conviction.

LIMITATIONS/DISQUALIFICATION UPON THE PARDONING POWER

- It may not be exercised in impeachment case

- It may be exercised only after conviction by final judgment
- It may not be exercised over civil and legislative contempt
- In case of violation of election law or rules and regulations, no pardon, parole or suspension of
sentence may be granted without the recommendation of the Commission on Elections; may be
granted without recommendation of Commission of Elections;
- It may not be exercised during pendency of case or trial or during appeal
- Violation of Art. 157- Evasion of service of sentence for 1 year from the time of recommitment;
and
- It cannot be exercised in case of violations of tax laws.

ELIGIBILITY FOR CONDITIONAL PARDON

He must have served at least one half of the minimum of his indeterminate sentence of the following
portions of his prison sentence.

- At least 2 years of the minimum sentence if convicted of Murder or Parricide but not sentence
to Reclusion Perpetua
- At least 1 year of the minimum sentence if convicted Homicide
- At least 9 months if convicted of Frustrated Homicide
- At least 6 months if convicted of attempted Homicide

CONDITIONS OF PARDON

In the Philippines, the pardonee is given the same set of rules or conditions as the parolee. Among the
conditions usually imposed on pardonees and parolees are the following:

- That he shall live in his parole residence and shall not exchange his Residence during the period
of his parole without first obtaining the consent of the Board of Pardons and Parole. If the
parolee or pardonee leaves the parole jurisdiction temporarily, he needs get the permission of
the Board, although he may so inform his parole officer (municipal judge) of his whereabouts
- That he shall report to the municipal judge (of the town where he will reside) or to such officer
as may be designated by the Executive officer of BPP.
 - He shall not indulge in any injurious or vicious habits
- That he shall permit the Provincial Commander, Philippine Constabulary or any officer
designated by the Executive officer of BPP to visit him.
- That shall not commit any crime
- That shall pay not less than 50 a month to the cashier of DOJ
- That shall comply with such orders as the board or EO.

EXECUTIVE CLEMENCY

- Shall refer to Absolute Pardon, Conditional Pardon, Commutation of Sentence and Reprieve as
may be granted by the president of the Philippines upon the recommendation of the Board of
Pardons and Parole. Under the law, the President has the power to grant pardons,
commutations, amnesty for all offenses except impeachment cases and remit fines and
forfeitures after the recipient has been convicted.

CLEMENCY

- Means the forgiveness of a crime or the cancellation of the penalty associated with it. Clemency
under the criminal justice system is the act by an executive member of government of extending
mercy to a convicted individual.
- The BOARD OF PARDONS AND PAROLE is the agency in charge with the release of sentence
prisoners based on modes specified by law. Its action and proceeding is governed by the
provisions of Sec. 4 of Act. No. 4103, otherwise known as the Indeterminate Sentence Law, as
amended, and EO 292, series of 1987, otherwise known as The Administrative Code of 1987.
- An INDETERMINATE SENTENCE is a sentence imposed for a crime that is not given a definite
duration. The prison term does not state a specific period of time or release date but just a
range of time such as “five-to-ten years.”

PARDON

- Pardon is a form of executive clemency granted by the President of the Philippines as a privilege
extended to a convict as a discretionary act of grace. Neither the legislative nor the judiciary
branch of government has the power to set conditions or establish procedures for the exercise
of this Presidential prerogative.

ABSOLUTE PARDON

- It refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition whatsoever and remits the penalty imposed for the particular offense of
which he was convicted. Absolute pardon is a pardon which releases the wrongdoer from
punishment and restores the offenders civil rights without qualification.

CONDITIONAL PARDON

- It refers to the exemption of an individual, within certain limits or conditions; from the
punishment that the law inflicts for the offense he has committed resulting in partial extinction
of his criminal liability.
AMNESTY

- A special pardon exercised by the President of the Republic is amnesty. Amnesty is a general
pardon extended to a certain class of people who are usually political offenders. On the other
hand, amnesty needs the concurrence of congress and the courts also take judicial notice of the
act by the President. Amnesty can be granted before or after conviction.
- Amnesty, from the Greek stem amnestia, meaning to forget, is an act of legislature whose aim is
to erase accomplished fact which would otherwise be punishable.

REPRIEVE

- It is applied to death sentence already affirmed by the supreme court. Reprieve is the temporary
stay of the execution of a sentence. In death sentences, the date of execution of the death
convict is held abeyance for a certain period to enable the chief to temporarily stay execution of
sentence.

COMMUTATION SENTENCE

- Reduction or lowering, shortening of sentence

- An executive clemency hanging a heavier sentence to a less serious one, or a longer prison term
to a shorter one
- Granted by the President with the recommendations of the BPP
- Granted after conviction but do not erase the fact of conviction of the person
- Granted with condition of maintaining good behavior

ELIGIBILIRTY FOR COMMUTATION OF SENTENCE

HE MUST HAVE SERVED AT LEAST 1/3 OF THE MINIMUM OF HIS INDETERMINATE SENTENCE OR THE
FOLLOWING OF HIS PRISON SENTENCE CONSISTING OF RECLUSION PERPETUA:

- At least 10 years if convicted of Robbery with homicide, Robbery with Rape, or kidnapping with
Murder
- At least 8 years if convicted of simple murder, parricide, rape or violation of anti-drug laws
- At least 12 years if given two or more sentences of Reclusion Perpetua
- At least 20 years in case of 2 sentences for Reclusion Perpetua, provided that at least one of the
sentences had been automatically commuted from a death sentence.

“Reprieve” refers to the deferment of the implementation of the sentence for and interval of time; it
does not annul the sentence but merely postpones or suspends its execution. The
postponement/withholding or temporary stay the execution of a death sentence. (Temporary stay of
the execution of the sentence)

AMNESTY

- An act of the sovereign power granting oblivion or general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of political character,
such as treason, sedition or rebellion
- Also known as General Pardon or Blanket Pardon
 DISQUALIFICATION FOR AMNESTY

1. PROCLAMATION NO. 75 made clear that the amnesty “shall not cover rape, acts of torture, crimes
against chastity and other crimes committed for personal ends.”

2. cannot also be granted in case of impeachment

3. cannot be applied to cases of violation of election laws without favorable recommendation form
the COMELEC

4. cannot be granted in cases of RA 9745 or anti torture law

5. cannot be extended to cases of civil and legislative contempt.

EFFECTS OF AMNESTY

- Amnesty totally extinguishes criminal liability and produces total oblivion.

- Restore Civil and Political Rights

PROCESS OF GRANT OF AMNESTY

- Proclamation of the president granting amnesty, specifying the crime committed and specific
names of individual/s that can avail amnesty
- Concurrence of majority of the members of congress
- Application of the beneficiaries
- Admission of guilt
- Review by the ad hoc committee for qualification
- Referral clearance by the ad hoc committee to DND if the crime is against national security and
to COMELEC if against election laws for recommendation
- Decision of the Ad Hoc Committee to grant amnesty

WHERE TO APPLY?

- The President of the Philippines, through the Chairman, Board of Pardons and Parole, Manila.

PARDON AMNESTY
Granted by the President Granted by the President with concurrence of
congress
1 Pardon = 1 person 1 Amnesty = group
Granted after conviction Even before trial or filing of complaint
General types of crimes For political crimes only
ACCUSED/INMATE’s Remedy GRANTED BY WHEN TO BE AVAILED
PARDON PRESIDENT After final conviction
REPRIEVE PRESIDENT After final conviction
COMMUTATION PRESIDENT After final conviction
AMNESTY PRESIDENT WITH THE Before the prosecution of
CONCURRENCE OF THE criminal action, during trial or
MAJORITY OF ALL CONGRESS before judgment, or even
before conviction
PROBATION The Court that heard and Within 15 days following the
decided the case promulgation of judgment
Parole The Board of Pardons and After servicing of the minimum
Parole period of indeterminate
sentence
GCTA The director of the BuCor or by Every month upon showing
the BJMP or by Provincial Jail good behavior
STAL The director of the BuCor or by 1/5, 1/5, 2/5
the BJMO or Provincial Jail