Non-institutional correction (CA2)

Criminal justice system

• The machinery used by a government to protect the society against criminality and other
peace and order problems.
• An integrated apparatus that is concerned with the apprehension, prosecution, sentencing
and reforming/ rehabilitating criminals.
The 5 pillars of criminal justice system
1. LAW ENFORCEMENT - is also known as the prime mover of the CJS because it
initiates the whole system through the arrest of an individual.
2. PROSECUTION - Gather necessary evidence with the help of the law enforcement. It
determines the existence of prima facie case. (evaluation and filing the case is made)
3. COURT - it is also the arbiter of justice, conducts hearing and render authoritative
judgement.
4. CORRECTION - In this pillar, after being found guilty of a crime, will suffer a penalty
based on institutional corrections or non-institutional corrections. It is also considered as the
weakest among all pillars of the criminal justice system.
5. COMMUNITY - known as the widest pillar, the place where the criminal comes from
and where he will return, considered as the informal pillar.

INSTITUTIONAL CORRECTION
• Is describe typical incarceration systems whereby convicted criminals are placed in
prison or jail to serve their sentences.
NON-INSTITUTIONAL CORRECTION
• It refers to correctional activities that may take place within the community or the method
of correcting sentenced offenders without having to go to prison.
CORRECTION
• is the branch of the administration of CJS charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders. It is also defined as the STUDY
OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION as well as the
rehabilitation and reformation of criminals.
TWO PURPOSE OF CORRECTION
1. TO PUNISH
2. TO REHABILITATE THE OFFENDER
PENOLOGY
• is the study of punishment of crime or of criminal offenders. It includes the study of
control and prevention of crime through punishment of criminal offenders. The term was
derived from the Latin word “poena” which means “pain or suffering”. It is otherwise
known as Penal Science.
PURPOSE OF NON-INSTITUTIONAL CORRECTION
• to alleviate overcrowding in prison.
• one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce
the incidence of recidivism.
• the confinement of all offenders, prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and
• There is a need to provide a less costly alternative to the imprisonment of offenders who
are likely to respond to individualized, community-based treatment programs.
• Make the offenders productive or taxpayers instead of tax eaters.
GOALS OF COMMUNITY CORRECTION PROGRAMS
 The offender is punished and held accountable.
 Public safety is protected. Victims and local communities receive restitution from felons
who work in their present jobs and or in restitution programs.
RESTITUTION - the giving of something back to its rightful owner or the giving of
something of equal value (as for loss or damage)
 Community service work increases.
 Collection of court costs and fees increases due to contractual agreements with offenders
who remain in their present jobs.
ADVANTAGES OF COMMUNITY- BASED CORRECTION
• Family members need not be victims also for the imprisonment of a member because the
convict can 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. Cost of incarcerations will be eliminated
which is extremely beneficial on the part of the government.
BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED
TREATMENT PROGRAMS:
1. HUMANITARIAN ASPECT - Imprisonment is not always advisable. Placing a person to
custodial coercion is to place him in physical jeopardy, thus drastically narrowing his access to
sources of personal satisfaction and reducing his self-esteem.
2. RESTORATIVE ASPECT - There are measures expected to be achieved by the offender,
such as an establishment of a position in the community in which he does not violate the laws.
These measures may be directed at changing and controlling the offender. The failure of the
offender to achieve these can result to recidivism.
3. MANAGERIAL ASPECT - Managerial skills are special importance because of the sharp
contrast between the per capital cost of custody and any kind of community program. It is easier
to manage those undergoing community-based treatment programs than that of custodial control.

Historical accounts of Probation

Probation was first legally established in the United States, but to trace its origins one must turn
to earlier schemes for humanizing criminal justice under the common law of England. These
procedures were brought over with the law and customs of England were adapted by the
colonists who settled the eastern shores of the United States.
Benefit of Clergy - The earliest device for softening brutal severity of punishment seems to have
been the “benefit of clergy”.
• Dating back to the reign of Henry II in the 13th century, it originated in a
compromise with the Church which had maintained that a member of the clergy
brought to trial in a King’s Court might be claimed from that jurisdiction by the
bishop or chaplain representing him.
Judicial Reprieve - another device for modifying the severity of the law, was a temporary with
holding of sentence, much used by the early English judges.
• Early in the 17th century, with the establishment of settlements in America,
English courts began to grant reprieves to prisoners under sentence of death on
condition that they accept deportation.
Recognizance- An even older method of suspending or deferring judgment, the direct ancestors
of probation, was recognizance or “binding over for good behavior”. This was based on an
ancient practice developed in England in the 14th century.
Transportation - Any description of the treatment of crime in England must include the system
of transportation to their colonies which grew from the ancient practice of banishment and
flourished for more than two hundred years as a principal method of disposing of offenders.
 • Offenders granted a reprieve were permitted to accept transportation and were
handed over to contractors who engaged to convey them to America and later to
Australia.
• Two names are closely associated with the founding of Probation: Matthew Davenport
Hill, an 18th century English barrister and Judge; and John Augustus, a 19th century
Boston bootmaker.
• John Augustus – (1785-June 21, 1859) was a Boston Boot maker who is called the
“Father of Probation” in the United States because of his pioneering efforts to
campaign for more lenient sentences for convicted criminal based on their backgrounds.
 Starting in the early 1840’s, Augustus volunteered to stand bail and assume custody for
selected, less serious offenders in exchange for the judge’s deferring the sentence.
 He is responsible for monitoring offender’s activities and later reporting to the judge on
their performance in the community. If the judge was satisfied with the community
performance, charges were dropped; if not, sentencing proceeded.
 Augustus received no pay for his 18 years of court work. He used his own money and
voluntary contributions from others to finance his effort.
IN 1870, FATHER COOK, another Bostonian, continued the work of Augustus by identifying
offenders being tried in the courts and whose cases were committed by force of circumstance and
not due to criminal nature of the accused.
 After finding that the offender is not a hard-core felon and can still be reformed, Father
Cook presented himself before the court as adviser to the offender. Realizing the value of
his work, the courts usually consented to placing convicted youths under his charge to be
reformed.
Mathew Davenport Hill – (6 August 1792 – 7 June 1872) was an English Lawyer and
penologist. The Father of Probation of England.
 Had witnessed the sentencing of youthful offenders to one-day terms, on the condition
that they are returned to a parent/guardian who would closely supervise them.
 When he became the Recorder of Birmingham, he used a similar practice for individuals
who did not seem hopelessly corrupt.
 If offenders demonstrated a promise of rehabilitation, they were placed in the hands of
generous guardians who willingly took charge of them. Hill had police officers pay
periodic visits to these guardians in an effort to track the offender’s progress and keep a
running account.
In 1887, Edward Savage – First paid and official Probation officer
- the former Chief of Police of Boston City.
 • The first Probation Law was passed by the Legislature of Massachusetts and signed
into law by Governor Alexander B. Rice on April 26, 1878 (appointment of paid
Probation Officer)
• Vermont Act of 1898 was the second state enacted Probation Law. Unlike in
Massachusetts, here the offender or probationer was the one who pays the trial cost.
JUVENILE PROBATION
• 1899 – Minnesota and Illinois enacted laws giving probation service to children only.
• RHODE ISLAND – 1st completely state-administered probation system appeared NEW
JERSEY – 4th state to adopt general probation law after the New England model in
1900.
• NEW YORK – 5th to provide adult Probation.
• CALIFORNIA – 6th to enact adult probation law.

HISTORY OF PROBATION IN THE PHILIPPINES

•English and American pattern of Probation have influenced penal policy and legislation
in civil law countries, including the Philippines.
• The enactment of the Juvenile Probation Law under the 1932 Revised Penal Code started
the Probation system in the Philippines.
• Philippine Legislature under the American sovereignty enacted Commonwealth Act No.
4221, popularly known as the Philippine Probation Act, which was approved on August
7, 1935.
• To carry out its provisions, the act created a Probation Office in the Department of
Justice. The office was headed by Chief Probation Officer who was appointed by the
Governor-general with the consent of the Senate.
• November 16, 1937 – Supreme Court declared Act no. 4221 as an unconstitutional in
the case of People vs. Vera 37 O.G 164; Such as:
 Said Act encroaches upon the pardoning power of the Chief Executive.
 It made an undue delegation of legislative power to the provincial boards; and
 It contravened the equal protection of the law clause. Thus “the People vs Vera”
case sealed the fate of fledgling Act No. 4221. It doomed the Act to be the first
and last probation law on the Philippines.
TEUDOLO C. NATIVIDAD – FATHER OF PROBATION OF THE PHILIPPINES
 Former NAPOLCOM commissioner and Former Congressman of Bulacan
 Introduced adult probation in the country in House Bill no. 393 with
Congressman Ramon D. Bagatsing during their last month in congress.
• Presidential Decree No. 968 – Probation Law of 1976, Signed into law on July 24, 1976,
 Effectivity: Jan 3, 1978.
 Signed by former President Ferdinand Marcos
• he probation system started to operate on January 3, 1978. It was later on amended by PD
No. 1257 on December 1, 1977, and later on, by PD No. 1990 on October 5, 1985.
 • PD No. 968, as amended, provides for the rules and regulations on Probation, which are
currently enforced. The Parole and Probation Administration (PPA), which replaced the
Probation Administration, is mandated to administer the provisions of the Probation Law.
• Section 4 of PD 1257 provides for the period during which an application for probation
may be granted, and that is after the trial court shall have convicted and sentenced a
defendant but before he begins to serve his sentence.
 "Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court
may, after it shall have convicted and sentenced a defendant but before he begins
to serve his sentence and upon his application, suspend the execution of said
sentence and place the defendant on probation for such period and upon such
terms and conditions as it may deem best.
• On November 23, 1989, under Executive No. 292, the New Administrative Code of 1987,
transferred the function of supervising Parole and Pardoned offenders from trial courts to
the Probation administration. It also changes the name of the agency to Parole and
Probation Administration.
• Section 42 of RA 9344 further modified Section 4 of PD 968 by providing that:
 Section 42. Probation as an Alternative to Imprisonment. – the court may,
after it shall have convicted and sentenced a CICL, and upon application at any
time, place the child on Probation in lieu of service of his/her sentence
considering the best interest of the child. For this purpose, Section 4 of PD 968 is
hereby amended accordingly.
 R.A 9344 – otherwise known as the "Juvenile Justice and Welfare Act of 2006”.

What is probation?

• Probation is a privilege granted by the court to a person convicted of a criminal offense to

remain in the community instead of going to prison/jail.
• It is not a right of the accused, but rather an act of grace and clemency or immunity
conferred by the State which may be granted by the court to a seemingly deserving
defendant who thereby escapes the extreme rigors of the penalty imposed by law for the
offense of which he stands convicted.
• The word Probation derives from the Latin word Probatio, meaning a period of
proving or trial and forgiveness, from Probare- “to Prove”, Past particle Probatus-
“to approve”
Probation as legally defined
• It is 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
(P.D. No. 968, as amended).
The benefits of Probation
 Probation protects society:
 From the excessive costs of Detention
 From the high rate of recidivism of detained offenders
 Probation protects the victim:
  It provides restitution.
 It preserves justice.
 Probation protects the Family:
It does not deprive the wife and children of husband and father.
It maintains the unity of the home.
 Probation assists the government:
 It reduces the population of prisons and jails.
 It lessens the clogging of courts.
 It lightens the load of prosecutors.
 It sustains law enforcement.
Probation helps the offender:
 It maintains his earning power.
 It provides rehabilitation in the community.
 It restores his dignity.
Probation justifies the philosophy of men:
 That life is sacred.
 That all men deserve a second chance.
 That an individual can change.
 That society has a moral obligation to lift the fallen.
What are the advantages of probation?
 The government spends much less when an offender is released on probation than
when that offender is placed behind bars (jails/prisons).
 The offender and the offender’s family are spared the embarrassment and
dishonor of imprisonment.

Decongestion of Jails
 The Oplan Decongestion was formulized through the execution of a memorandum
agreement on February 12, 1993. Among the Public Attorney’s Office, the Parole
and Probation Administration, the Board of Pardons and Parole which are all
under the DOJ, and the BJMP.
Law and Decrees usually availed to Decongestions of Jails
 PD 603 – known as the child and youth welfare code, suspends sentence of minor
offenders whose ages range from 9 years to under 18 years old.
 Batas Pambansa Biling 85 – authorizes the release of the detainee who has undergone
preventive imprisonment equivalent to the maximum imposable sentence for the offense
he is charge with.
 Article 96 of RPC -provides that in meritorious cases, the commutation of the Prisoner’s
sentence through Presidential action shall be upon the recommendation of the court
which imposed the same.
 Article 97 of RPC – which provides that a prisoner shall be entitled to a deduction from
his prison term for Good Conduct.
  DOJ Memorandum Circular no. 6 – which directs all wardens or anyone In-Charge of
local jails to effect the immediate transfer of national prisoners to the Bureau of
Corrections.
 Republic Act 9165 – Comprehensive Dangerous Drug Act of 2002 (July 4, 2002), 1st
time minor offender (Probation) for use 2 possessions only/ deport.
 Republic Act no. 9344 – Juvenile & Justice welfare Act of 2006.
15 years old and below – without the conduct of proving Act of discernment. (no
Imprisonment) note: if serious crime has been committed, the youthful offender shall be
placed on an intervention center.
15 years old and 1 day to less than 18 years old – with the conduct of proving the Act of
discernment. (with Discernment, shall undergo a diversion program)
 Republic Act no. 6036 – known as the release on recognizance law, provides for the
release of offenders charged with an offense whose penalty is not more than 6 months
and/ or a fine of 2,000 pesos or both, to the custody of a responsible person in the
community, instead of a Bail Bond.
 R.A 6127 – fully deducts the Period of the offender’s preventive detention from the
sentence imposed by the court.
 R.A 4103 – as amended, Creating the Board of Pardons and parole tasked to look into
physical, Mental, and moral record of a Prisoners to determine who shall be eligible for
Parole and Conditional Pardon.
 PD 968 – (July 24, 1976) the Philippine Probation Law.
Terms to ponder:
• ABSCONDING PETITIONER - a convicted accused whose application of 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.
• PETITION – Application for Probation
• PETITIONER – a convicted defendant who files an application for Probation.
• PROBATIONER – a person placed under Probation.
• PROBATION INVESTIGATION – the process of selection, diagnoses, and Planning
with a client.
• PROBATION SUPERVISION – the continuous process of helping the client to follow
through with the Plans, reevaluation and working with the client in the process of
planning his life to meet dynamic situation.
Concept and Philosophy of Probation (basic legal conceptions of probation)
 It is a conditional suspension of execution of the sentence.
 It is a personal care or treatment and supervision over the probationer.
Probation is a Court Function
  No person shall be placed on Probation except upon prior investigation by the
probation officer and a determination by the court that the ends of justice and the
best interest of the public as well as that of the defendant will be served thereby.
Essential Elements of the Probation System under PD 968
• Probation is a single- or one-time affair.
• Probation System is Highly Selective
• Persons under provisions retain their civil rights.
Areas of Probation Law
• PD 968 will cover all civilians tried and convicted by military tribunal. “it shall
apply to all offenders except those entitled to the benefits under the provisions of
Presidential Decree no. 603 and similar laws.”
What are the similar laws referred to in section 1?
• The Comprehensive Dangerous Drugs Act.

The cut-off points at six years imprisonment for extending the benefits of probation refers to the
sentence imposed, not that prescribed by law for the offense committed.
The Probation law does not disqualify one who has been convicted of an offense penalized by
DESTIERRO.

• Probation, it is argued, as laid out by the decree is primarily a Judicial function.

• It cannot be made at any time after conviction and sentence, but rather only up to the
actual commitment of the defendant to Prison for the service of his sentence.
• The rule of automatic withdrawal of pending appeal applies in case of the application for
Probation is made when the appellate court has already rendered its decision.
• The application for Probation may be in any form, whether written or oral.
• Defendant is not entitled as a matter of right to the assistance of counsel in the
investigation.
• Neither is the constitutional guarantee against self-incrimination that no person shall be
compelled to be a witness against himself, available in the investigation.
• Pending submission of the investigation report and the resolution of the petition for
probation, the defendant may be allowed on temporary liberty under his Bail filed in the
Criminal case, or on Released on recognizance.
• While the grant of Probation is not appealable (PD 1990), Certiorari will lie, under the
general law on Certiorari (a writ or order by which a higher court reviews a decision of
a lower court.)
• The grant of probation does not erase, modify of otherwise affect the offender’s CIVIL
LIABILITY.
Distinction between Probation under PD 603 and under PD 968
 • PD 603 – the youthful offender (CICL R.A 9344) is neither convicted nor
sentence although the court finding him guilty determines the imposable penalty
and orders his commitment as a matter of course to any of the trustees for his
correction and rehabilitation, even without his asking for it and without prior
investigation.
• PD 968 – the offender is convicted and sentence. Application is required.
Criteria for Placing an offender on Probation.
 Under section 8 of PD 968, in determining whether an offender may be placed on
Probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender and
available institutional and community resources.
 However, under section 70 of the R.A 9165 – the first-time minor offender who
upon promulgation of the sentence, the court may, in its discretion, placed the
accused under probation, even if the sentence provided under sec.11 of the act is
higher than that provided under probation law.
Probation is not a matter of right but a privilege.
• However, under R.A 9344 or Juvenile justice and welfare act of 2006, a CICL is.
granted the right to Probation as an alternative to imprisonment if qualified by the
Probation Law.
• Probation is “not a sentence” but is rather in effect a suspension of the imposition
of sentence. It is not a final judgement but is rather an “interlocutory judgement”
in the nature of a conditional order placing the convicted defendant under the
supervision of the court.
PRESIDENTIAL DECREE NO. 968
Sec. 1 - What is the title of PD No. 968?
 Probation Law of 1976.
Sec. 4. Grant of Probation.
 When to file a petition for probation?
 Any time after conviction and sentence, but within the period of
perfecting an appeal (15 days).
 Where to file a petition for Probation?
 The trial court, which has jurisdiction over the case.
 What are the legal effects of filing a petition for Probation?
o Execution of the sentence is suspended.
o It is a waiver of the right to appeal.
 Essential Elements of Probation
As provided for by the Probation Act of 1976 (PD 968), there are four essential elements
of the Adult Probation System:
 1. A post-sentence investigation report which will serve as the informational basis
for the court’s decision to grant or deny probation. (Sec.5)
2. The conditional suspension of execution of sentence by the court. (Sec.4)
3. Conditions of probation imposed by the court to protect public safety and to
foster the rehabilitation and reformation of the probationer. (Sec.4)
4. Supervision, guidance and assistance of the offender by a probation officer.
(Sec. 15)
 Amended provision of section 4 of PD 968 by RA 10707
SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further
amended to read as follows:
 “SEC. 4. Grant of Probation — Subject to the provisions of this Decree, the trial court
may, after it shall have convicted and sentenced a defendant for a probationable penalty
and upon application by said defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best.

SECTION 9. DISQUALIFIED OFFENDERS. The benefits of this Decree shall not be

extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years.
(b) convicted of any offense against the security of the State.
(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred
Pesos.
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
SECTION 10. CONDITIONS OF PROBATION. Every probation order issued by the court
shall contain conditions requiring that the probationer shall:
a) present himself to the probation officer designated to undertake his supervision at such place
as may be specified in the order within seventy-two hours from receipt of said order;
b) report to the probation officer at least once a month at such time and place as specified by said
officer. The court may also require the probationer to:
1. cooperate with a program of supervision;
2. meet his family responsibilities;
c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;
d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;
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 visiting houses of ill-repute;
h) abstain from drinking intoxicating beverages to excess;
i) permit to probation officer or an authorized social worker to visit his home and place or work;
j) reside at premises approved by it and not to change his residence without its prior written
approval; or
k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.
SECTION 11. EFFECTIVITY OF PROBATION ORDER
 A probation order shall take effect upon its issuance, at which time the court shall inform
the offender of the consequences thereof and explain that upon his failure to comply with
any of the conditions prescribed in the said order or his commission of another offense,
he shall serve the penalty imposed for the offense under which he was placed on
probation.
SECTION 13. CONTROL AND SUPERVISION OF PROBATIONER.
 The probationer and his probation program shall be under the control of the court who
placed him on probation subject to actual supervision and visitation by a probation
officer.
 Whenever a probationer is permitted to reside in a place under the jurisdiction of another
court, control over him shall be transferred to the Executive Judge of the Court of First
Instance of that place, and in such a case, a copy of the probation order, the investigation
report and other pertinent records shall be furnished said Executive Judge. Thereafter, the
Executive Judge to whom jurisdiction over the probationer is transferred shall have the
power with respect to him that was previously possessed by the court which granted the
probation.
SECTION 14. PERIOD OF PROBATION.
a) The period of probation of a defendant sentenced to a term of imprisonment of not
more than one year shall not exceed two years, and in all other cases, said period shall not exceed
six years.
b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more
than twice the total number of days of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal Code, as amended
SECTION 15. ARREST OF PROBATIONER; SUBSEQUENT DISPOSITION.
 At any time during probation, the court may issue a warrant for the arrest of a probationer
for violation of any of the conditions of probation. The probationer, once arrested and
detained, shall immediately be brought before the court for a hearing, which may be
informal and summary, of the violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this provision.
 An order revoking the grant of probation or modifying the terms and conditions thereof
shall not be appealable.
SECTION 16. TERMINATION OF PROBATION.
 After the period of probation and upon consideration of the report and recommendation
of the probation officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the
case is deemed terminated.
 The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend as a result of his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was granted.
Modes and grounds of terminations of the probation supervision case
1. The successful completion of Probation Program.
2. Revocation for cause, or the death of the probationer
 Termination Report – the city and provincial parole and Probation office shall submit to
the trial court a probation officer’s final report within 30 days before the expiration of the
period of the probation.
RULES ON OUTSIDE TRAVEL OF PROBATIONER
- A probationer who desires to travel outside the jurisdiction of the city or provincial
probation officer,
MUST SEEK THE PERMISSION OF:
 IF for NOT more than 30 days:
- The parole and probation officer
 IF for MORE than 30 days:
- The parole and probation officer + the court
CONFIDENTIALITY OF RECORDS OF PROBATIONER:
 The investigation report and the supervision and history of a probationer:
- shall be privileged and
- shall not be disclosed directly or indirectly to anyone other than the probation
administration or the court.
 XPN: Any government office may ask for the records of probation from the court or the
administrator for its official use.
 NOTE: The court which granted the probation or where the probation was transferred
may allow the probationer or his lawyer to inspect such documents, whenever such
disclosure may be desirable or helpful to them.
VIOLATION OF CONFIDENTIAL NATURE OF PROBATIONREPORTS
 (Sec 29, PD 968)
 Penalty:
- imprisonment (6 months and 1 day TO 6 years) and
- fine (hundred to 6K pesos)
SUMMARY OF THE PROCESS FOR PROBATION
 The offender or his counsel files a petition for probation with the convicting court within
15 days from the promulgation of judgement.
 The court determines convict qualifications and notifies the prosecutor of the filing of the
petition.
 The prosecutor submits his comments on such application within 10 days from the
receipt of the notification.
 If the petitioner is qualified, his application is referred to the probation officer for the
conduct of Post sentence Investigation.
 The post sentence investigation conducted by the Probation Officer shall be submitted
within 60 days from the receipt of such order from the court.
 Pending resolution and investigation, the accused may be temporarily released.
 The court may grant or deny the petition for probation within 15 days from the receipt of
the Post Sentence Investigation Report.
Can the defendant deny the grant of Probation?
 Yes, the law does not oblige the defendant to accept the probation granted by the court.
PAROLE AND PROBATION ADMINISTRATION (PPA)
 An agency under DOJ, responsible for providing a less costly alternative to imprisonment
of offenders who are likely to respond to individualized community-based treatment
programs.
 Created by virtue of PD 968, “The Probation Law of 1976.”
  It exercises general supervision over all offenders who were released through probation,
parole and pardon. It further promotes the correction and rehabilitation of these offenders.
Probation Administrator
- It is appointed by the President of the Philippines. He shall hold office during good
behavior and shall not be removed except for cause.
- He shall be assisted by the assistant Probation administrator, in the absence of the latter
he shall act as head of the administration.
Qualifications:
- At least 35 years old
- Holder a master’s degree in criminology, social work correction, penology, psychology,
sociology, public administration, laws, police science, police administration or relation
field.
- 5 years supervisory experience
- Member of Bar with 7 years supervisory experience.
 VISION
 A model component of the Philippine Correctional System that shall enhance the quality
of life of its clients through multidisciplinary programs and resources, an efficient
organization and highly professional and committed workforce to promote social justice
and development.
 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 man and recognize his divine destiny.
 MANDATE
 The PPA is mandated to conserve and/or redeem convicted offenders and prisoners who
are under the probation and parole system.
 GOALS
 Promote the reformation of criminal offenders and reduce the incidence of recidivism.
 Provide a cheaper alternative to the institutional confinement of first-time offenders who
are likely to respond to individualized community-based treatment programs.
 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.
 Parole
 as the conditional release of an offender from a penal or correctional institutions after he
has served the minimum period of his prison sentence under the continued custody of the
state and under conditions that permit his re-incarceration if he violates a condition for
his release.
 derived from the French word Parole d’honneur, means “word of Honor” as in giving
one’s word of honor or promise. This is for the inmate to promise to conduct himself in a
law-abiding manner in exchange for his release.
 HISTORICAL BACKGROUND OF PAROLE
 Alexander Maconochie was a British naval officer, geographer, and a penal reformer. He
is known as the “Father of Parole”.
 In 1840, he became the Governor of Norfolk Island. It was a prison island where convicts
were treated with severe brutality. Maconochie instituted policies that restored the dignity
of prisoners, achieving remarkable success in prisoner rehabilitation.
- He introduced the Mark System; his system consisted with four stages on the way to
release, each providing more personal liberty to the prisoner.
 The penal stage emphasized punishment and included solitary confinement and a diet of
bread and water.
 The associated stage allows the inmates to associate and begin to earn marks through
works, program participation, and good behavior. Poor behavior resulted in an increase in
the number of marks required for his release.
 The third stage was social stage, in which inmates were grouped and held jointly
responsible for the conduct of each other, to begin the process of living responsibly in the
society.
 The final stage was a ticket of leave, in which the prisoner earns a required level of
marks received a conditional pardon and were released to the community.
Sir Walter Fredrick Crofton
 during his time as administrator of the Irish prison system in 1854, initiated a system
incorporating three classes of penal servitude; Strict imprisonment, indeterminate
sentence, and tickets of leave. This indeterminate sentence system or Irish system, as it
came to be known, permitted convicts to earn marks to move from solitary confinement
to a return to the community on a conditional pardon or ticket of leave.
 Zebulon Reed Brockway, a Michigan penologist, who when appointed as
Superintendent of the Elmira Reformatory initiated Indeterminate sentences and first
good time system to reduce inmates sentence leading to parole release in the United
States. “father of prison reform” and “father of American parole” in the U.S.
Creation of parole in the Philippines:
 It came into the existence by the passage of the Act no. 4103 as amended by Acts 4203
and 4225, otherwise known as the Indeterminate Sentence Law, which took effect on
Dec. 5, 1993.
 BPP (Board of Pardon and Parole – administers the parole system in the Philippines)
 Distinction Between Probation and Parole
Parole is an Administrative function exercised by the executive branch of the government
(executive function) while the probation is a judicial function exercised by the courts.
Parole is granted to a prisoner only after he has served the minimum of his sentence while
Probation is granted to an offender after conviction and before he served his sentence inside
the jail.
 Two kind of sentence
Determinate sentence – prison sentence for a fixed amount of time, rather than a range of time.
Indeterminate sentence – prison sentence that assigns a range of years, rather than a fixed
amount of time.
 Distinction Between Parole and Mandatory supervision
 Mandatory Supervision – is a practice whereby an inmate is released prior to the
completion of their sentence due to legal technicalities which oblige the offender justice
system to free them. Mandatory supervision tends to involve stipulation that are more
lenient than those of parole, and in some cases place no obligations at all on the
individual being released.
 Prisoners Qualified for parole
a. He is confined to jail or prison to serve an Indeterminate sentence
b. Have served minimum sentence of his indeterminate sentence less Good Conduct Time
Allowance (GCTA) earn.
c. There is a reasonable probability that if released, he will become law abiding; and
d. The release will not be incompatible with the welfare and interest of the society
 Disqualification for parole
a) When the sentence is RECLUSION PERPETUA;
b) Whose convicted of treason, conspiracy or proposal to commit treason;
c) Those convicted of misprision of treason, rebellion, sedition or espionage;
d) Those convicted of piracy;
e) Those who are habitual delinquents,
f) Those who escaped from confinement or evaded sentence;
g) Those who were granted conditional pardon and violated any of its terms thereof;
h) Those whose maximum term of imprisonment does not exceed one (1) year or with a
definite sentence;
 i) Those suffering from any mental disorder as certified by a psychiatric report of the
bureau of corrections or the National Center for mental health;
j) Those whose conviction is on appeal; and
k) Those who have pending criminal case for an offense while serving sentence.
 The BPP may grant parole or conditional pardon Under special consideration for the
following;
1. Old age, provided the inmate is below sixty (60) years of age when the crime was
committed;
2. Physical disability such as when the petitioner is bed-ridden, deaf-mute, a leper, cripple
or blind, provided such physical disability is not present when the crime was committed;
3. Serious illness duly certified by a government physician; and
4. Similar circumstances which show that continued imprisonment will be inhuman or will
pose grave danger to the life of the petitioner.
 Following factors will be considered by the BPP in granting Parole or Conditional
Pardon;
1. Evidence that the petitioner will find legitimate source of livelihood upon release;
2. Petitioner has a place to established residence; and
3. availability of after-care services for old, seriously ill or physically disabled petitioner.

 THE BPP (Board of Pardons and Parole) – was created by the virtue of Act no. 4103
otherwise known as the Indeterminate sentence law, Under the DOJ (Department of
Justice) task 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.
 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.
 Composition of the BPP
 The board shall be composed of the secretary as chairman,
 6 members consisting of:
a) Administrator of the PPA as Ex-officio member
b) Sociologist, clergyman, an educator, a person with training and experience in correction
work, a member of the Philippine Bar, provided that one of them is a woman.
 Is national prisoner confined in a Local Jail can be released on Pardon/Parole?
 No unless his confinement in said jail is in good faith or due to circumstances beyond the
prisoner’s control.
National Prisoners – 3 years above or a fine of more than 5k
- those convicted of the customs law or other laws within the
jurisdiction of the Bureau of Customs regardless of the length of sentence imposed by the court.
Provincial jails – 6 months and 1day to 3 years
City jails – 1 day to 3 years
Municipal jail – 1 day to 6 months
 Executive clemency/parole for an Alien?
The board may recommend the grant of executive clemency or grant of parole to a prisoner who
is an Alien.

Parole Supervision – after release from a confinement, a client shall be placed under the
supervision of a Probation and Parole officer so that the former may be guided and assisted
rehabilitation.
Outside Travel – a chief Probation and Parole officer may authorize a client to travel outside of
his operational jurisdiction for a period of not more than 30 days. A travel for more than 30 days
shall be approved by the Regional Director.
Travel abroad and/or work Abroad
 Any parolee/ pardonee under the active supervision/ surveillance who has no pending
criminal case in any court may apply for overseas work or travel abroad. However such,
application for travel abroad shall be approved by the administrator and confirmed by the
board.
RULES ON PAROLE AND GENERAL GUIDELINES FOR RECOMMENDING
EXECUTIVE CLEMENCY
 RULE 1.1 purpose of the law and duty of the board – the purpose of Act no. 4103, as
amended, otherwise known as the “Indeterminate Sentence Law”, is to uplift and redeem
valuable human material to economic usefulness and to prevent unnecessary and
excessive deprivation of personal Liberty.
 Under Section 5 of said Act, it is the duty of the Board of Pardons and parole to look into
the physical, mental and moral record of prisoners who are eligible for parole and to
determine the proper time of release of such prisoners on parole.

 RULE 1.2. Definition of terms

a) “Board” - refers to the Board of Pardons and Parole;
b) Carpeta – refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the court after conviction, the prosecutor’s information and
the decisions of the trial court and the appellate court, if any; certificate of non-appeal,
certificate of detention and other pertinent documents of the case;
c) Director – refers to the Director of the Bureau of Corrections;
d) Parole Supervision – refers to the supervision/ surveillance by the Probation and Parole
Officer of a parolee;
e) Penal Superintendent – refers to the Officer-In-Charge of the New Bilibid Prison, the
Correctional Institution for women and the Prison and Penal Farms of the bureau of
Corrections.
f) Prison record – refers to information concerning an inmates personal circumstances, the
offense he committed , the sentence imposed, the criminal case number in the trial and
appellate courts, the date he commended serving his sentence, the date of expiration of
sentence, the number of previous convictions, if any, and his behavior or conduct while in
prison;
g) Regional Director – refers to the head of the Parole and Probation Administration in the
region;
h) Warden – refers to the Officer-In-Charge of the Provincial, City, Municipal or District
Jail

 RULE 2; RULES IN CONSIDERING PAROLE CASES

 RULE 2.1. Eligibility for review and Disqualifications – A prisoner’s case shall not be
eligible for review by the Board unless;
a) The prisoner is confined in prison or jail to serve an indeterminate sentence, the
maximum period of which exceeds one (1) year, pursuant to a final judgement of
conviction, which has become final and executory; and
b) He has served the minimum period of said sentence
 Rule 2.6 Notice to Offended Party – the offended party, or his immediate relatives in
the event that the offended party is unable or otherwise not available, shall be notified
personally or by registered mail and given a period of thirty (30) days from notice within
which to communicate their comment to the board regarding to the contemplated grant of
parole to the prisoner.
 Rule 2.7 Deferment of parole when safety compromised – based on the report on pre-
parole investigation conducted on the prisoner, there is a clear and convincing evidence
that his release on parole will endanger his own life or those of his relatives, his
witnesses, and the community, the release of the prisoner shall be deferred until the
danger ceases.

 Rule 2.8 factors to be considered in review on Parole cases

a. The degree of prisoner’s rehabilitation and his institutional behavior or conduct,
b. Previous criminal record, if any, and the risk to other persons, including the victim and
witnesses and their family and friends, or the community in general, or the possibility of
retaliation by the victim, his family and friends;
c. The gravity of the offense and the manner in which it was committed, and prisoners’
attitude towards the offense and his degree of remorse;
d. Evidence that the prisoner will be legitimately employed upon release, or has a place
where he will be legitimately employed upon release, or has a place where he will reside;
e. The age of the prisoner and the availability of after-care services for the prisoner who is
old, seriously ill or suffering from a physical disability.
 Rule 2.9 Grant of parole – the board may grant a prisoner parole based on reports
regarding the prisoner’s work and conduct and on a study and investigation by the Board
itself and it finds the following circumstances are present.
a. That the prisoner’s is fitted by his training for release;
b. That there is a reasonable probability that, if release, he will live and remain at liberty
without violating the law;
c. That his release will not be incompatible with the welfare of society.

 Rules after grant of Parole

 Rule 3.3 Parole Supervision – the parolee shall be place under supervision of the
Probation and Parole Officer specified in the release Documents so that the former may
be guided and assisted towards rehabilitation.
- The period of parole supervision shall extent up to the expiration of maximum sentence
which should appear in the release Document for supervision.
 Rule 3.12 Reports – the probation and parole officer concerned the following reports to
the board;
a. Progress Report – when a parolee commits another offense during the period of his
parole supervision and the case filed against him has not yet been decided by the court or
on the conduct of the parolee while under supervision.
b. Infraction Report – when the parolee has been subsequently convicted of another crime.
c. Violation report – when a parolee commits any violation of the terms and conditions
appearing in his release document or any serious deviation or non-observance of the
obligations set forth in the parole supervision program.

 Rule 3.14. effect of recommitment of parolee - the parolee who is recommitted to

prison by the Board shall be made to serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison.
 Rule 3.15 withdrawal of Release Document – the Board may recommend the
withdrawal of the release document if it finds that material information given by the
parolee of the board, either before or after release, was false, or incomplete or that the
parole had willfully or maliciously concealed material information from the board.
 TERMINATION OF PAROLE SUPERVISION
 Rule 3.17 Certificate of Final Release and Discharge – upon the receipt of the
summary report, the board shall, upon the recommendation of the Chief Probation and
Parole Officer that the parolee has substantially complied with all the conditions of his
release document.
 Rule 3.18 effect of certificate of final release and discharge – upon the issuance of a
certificate of final release and discharge, the parolee shall be finally released and
discharged from the conditions appearing in his release document. However, the
accessory penalties of the law which have not been expressly remitted therein shall
subsist.

 Parole Investigation
 The investigation unit of a parole agency is responsible for conducting pre-parole
investigations.

 The purposes of pre-parole investigation

(1) to bring the case history facts up to date, and
(2) to verify parole plan or work and residence