ADMINISTRATI

ON 2
(COMMUNITY
BASED
PROGRAM)
CORRECTIONS –
It is the 4th of the Pillars of Criminal
Justice System w/c undertakes the
reformation and rehabilitation of offenders
for their eventual absorption into the social and
economic streams of the community through
Institutional or Community Based Program.
came from the root word “CORRECT” w/c
simply means to make right or change from
wrong to right.
Non-institutional Correction or Community-Based correction
What is non-institutional Correction?
• The subfield of corrections in which offenders are supervised
and provided services outside jail or prison.
• Correctional activities that takes place in the community that
directly addressed to the offender and aimed at helping him to
become a law abiding citizen.
• a supervised program dealing with people who have been
convicted or are facing conviction.
• That aspect of the correctional enterprise that includes pardon,
probation, and parole activities, correctional administration not
directly connectable to institutions, and miscellaneous (activity)
not directly related to institutional care.
 Community-based correction program
PROBATION
Is a disposition , under which an accused after conviction and sentence, is
released subject to the conditions imposed by the court and to the
supervision of a probation officer.
Pardon
An act of executive clemency by a head of state for the purpose of
exempting an individual from the punishment imposes upon him by a court of
law.
It is an act of grace and the recipient is not entitled to it as a matter of
right.
Parole
It is the release of a prisoner from prison after serving the minimum period
of his indeterminate sentence.
Probationer – a person placed on probation
Absconding probationer – a person whose
probation was granted but failed to report
for supervision or fails to continue
reporting for supervision or whose
whereabouts are unknown for a reasonable
period of time.
Probation officer – one who investigates for
the court a referral for probation or one
who supervises a probationer or both.
5
• Petitioner – an accused or defendant who
files a formal petition for probation

• 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 a reasonable period
of time.
6
Parole – refer to the conditional release of
an offender from a penal institution after
he has served the minimum period of his
prison sentence.
Parolee - refer to a person who is released
on parole
Pardonee – refer to a person who is released
on conditional pardon
Client – refer to a pardonee/parolee who is
place on supervision
7
PAROLE AND PROBATION ADMINISTRATION (PPA)
• Headed by Administrator
• Handles the Investigation petitioners for Probation &
Supervision of Probationer, Parolees, and Conditional Pardon
grantees.
• Hon. Teodulo Natividad was the first Administrator

BOARD OF PARDONS AND PAROLE (BPP)

• Headed by Chairman (Secretary of justice)
• is responsible for grant of Parole and recommending pardon
and Executive Clemency to the President ( E.O 83, series of
1937)
DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT
(DSWD)
•Headed by Secretary
•renders services for Children in
Conflict with the Law (CICL)
DEVELOPMENT OF PROBATION

• ENGLAND - It is where probation started in a form of

suspending judgment and releasing offender on his own
Recognizance (ROR) with the promise not to commit any more
crime.
• MATHEW DAVENPORT HILL - Father of England Probation.
• UNITED STATES- Probation was practiced by John Augustus
(Boston Shoemaker) in 1841 although the first probation law
was passed in Massachusetts 1878 but was widely used only upon
the passage of the First Juvenile Court law of Cook Country in
Chicago in 1899.
• EDWARD N. SAVAGE - Ex- chief of police of Boston who
became the first probation officer employed by the
government.
Concept of probation
•As a system of instruction
•Suspended imposition of sentence
•Provision for individualize
treatment program
Forerunners of probation
Money compensation – use of fines and restitution today,
(introduced by law of Babylon)
Cities of refuge – sanctuaries where the accused was safe
pending an investigation of his criminal responsibility, introduced
by the jew ish law for those who killed w/o premeditation.
Benefit of the Clergy – earliest device for softening brutal
severity of punishment (reign of Henry II in the 13th Century)
Judicial reprieve – a temporary withholding of sentence,
practiced by the English court in the early 17th century.
Banishment – the system of transportation to her colonies.
Recognizance - the direct ancestor of probation, means “binding
over for good behavior.” involving an obligation or promise sworn
to under court order by a person not yet convicted.
COMMONWEALTH ACT NO. 3203 -Took
effect on December 3, 1924 =1st Juvenile
Delinquency Law of the Land.

ACT NO. 4221 OF THE PHIL. ASSEMBLY

(PROBATION ACT) - Established an adult
probation law but was abolished in 1937 after
two (2) years of existence on the ground of
unconstitutionality in the case of People vs.
Vera, 37 O.G. 164.
PROBATION
• 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.

• Latin “Probare” – to prove or to test

• Coined by John Agustus
 HISTORICAL BACKGROUND OF PROBATION
• Probation was introduced Philippines during the
American colonial period(1898 – 1945)
• Act 4221 (August 7, 1935) under DOJ,
• Two years after it was declared unconstitutional by
Supreme Court of the Philippines because of some
defect in the law’s procedural framework.
(People vs. Vera)
• Hon. Teodulo C. Natividad and Hon. Ramon Bagatsing
• House bill 393 an ACT “ESTABLISHING
PROBATION IN THE PHILIPPINES” (1966)
People VS Jose O. Vera (judge) Hongkong and Shanghai Banking
corporation.
• Mariano Cu Unjieng (convicted by the trial court in Manila)
• Violation of sec 11. (Act no. 4221) Act shall apply only in those
provinces in which the respective provincial boards have provided
for the salary of a probation officer.
• This means that a person otherwise coming within the purview of
the law would be liable to enjoy the benefits of probation in one
province while another person similarly situated in another province
would be denied those same benefits. (obnoxious discrimination).
Issues:
• It encroaches upon the pardoning power of the executive
• it constitutes an undue delegation of legislative powers
• It denies the equal protection of the law.
PRESEDENTIAL DECREE 968 - Reestablished the ADULT
PROBATION LAW which was signed by Pres. Ferdinand Marcos
on July 24, 1976. “PROBATION LAW OF 1976”
• P.D 968, otherwise known” Adult Probation Law of 1976”
• Father of Probation in the Philippines
• First Administrator of the Parole and Probation Administration
which attached to the DOJ
• First Filipino Vice President of the United Nations Congress,
Geneva Switzerland
• April 24, 1976 Draft the decree by NEPTALI GONZALES
• In July 24, 1976 was approved by late President Ferdinand E.
Marcos
• In January 3, 1978 was took effect
P.D. 603 - The “CHILD AND YOUTH
WELFARE CODE” (CYWC) which provides
for youth probation law that was signed on
December 10, 1974 and took effect June 10,
1975.

R.A. 9344 - The “JUVENILE JUSTICE

WELFARE ACT” (JJWA) of May 2006
amending P.D. 603.
 Salient Provisions PD 603 RA 9344
Title Child and Youth Welfare Juvenile Justice and
Code Welfare Act of 2006
Date of Approval December 10, 1974 April 28, 2006
Date of Effectivity June 10, 1975 May 20, 2006
Contents different aspects of the juvenile justice system
juvenile welfare and the
juvenile justice system
Key Terminologies Youthful offender; Child at risk; child in
discernment; suspension of conflict with the law;
sentence initial contact with the
child; discernment;
intervention; diversion;
Age of Criminal 9 years old and below = 15 years old and below = exempted
Responsibility/ exempted; but will undergo intervention;
Liability    
Over 9 but under 15 who Over 15 but under 18 who acted
acted without without discernment = exempted but
discernment = exempted; will undergo intervention;
   
Over 9 but under 15 who Over 15 but under 18 who acted with
acted with discernment = discernment = diversion if qualified;
with criminal liability  
Over 15 but under 18 who acted with
discernment and disqualified from
diversion = will undergo prosecution
Civil Liability Not exempted Not exempted
Provision on Intervention None Present
Provision on Diversion None Present
Place of Detention DSWD, or local rehabilitation Custody of parents or youth
while Undergoing Trial or detention center, or to the detention home
custody of parents
Place of Detention in DSWD, or local rehabilitation Youth rehabilitation center
Case of Suspension of or detention center
Sentence
Maximum Duration of Until the child reaches 21 Until the child reaches 21 years
Suspended Sentence years old old
Place of Detention in Proper penal institutions but Penal/
Case Original Sentence with separate quarters; agricultural farm
is Imposed or Executed agricultural or forestry farms
Eligibility for Probation Not eligible Eligible, if qualified as per PD
968
Provision on Credit of Present Present
Sentence
Right to Bail Present Present
Purpose of Probation
• Promote the correction and
rehabilitation of an offender by
providing him with individualized
treatment.
• Provide an opportunity for the
reformation of a penitent offender.
• Prevent omission of offense.
Sec. 4 Grant of Probation
 Subject to the provision of this decree, the
court may, after it shall have convicted and
sentence a defendant and upon application,
suspend the execution of the sentence and place
the defendant on probation for such period and
terms and conditions as it may deem best.
(Application for probation shall be filed with the
trial court.)
 An order granting or denying probation shall
NOT BE APPEALABLE.
Sec. 5 Post Sentence Investigation

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.
The investigation report of an officer
shall be submitted to the court not
later than-

a. 15 days from receipt of the order

b. 30 days from receipt of the order
c. 60 days from receipt of the order
d. 45 days from receipt of the order
REQUIREMENTS ON HOW TO AVAIL THE BENEFITS OF P.D 968,
AS AMENDED
• Section 8. Criteria for Placing an Offender on Probation. 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. Probation shall be
denied if the court finds that:
• the offender is in need of correctional treatment that can
be provided most effectively by his commitment to an
institution; or
• there is undue risk that during the period of probation the
offender will commit another crime; or
• Probation will depreciate the seriousness of the offense
committed.
Section 9. DISQUALIFIED OFFENDERS. The benefits of this Decree
shall not be extended to those:
• sentenced to serve a MAXIMUM TERM OF IMPRISONMENT OF MORE
THAN SIX YEARS;
• convicted of any CRIME AGAINST THE NATIONAL SECURITY OF THE
OR CRIMES AGAINST PUBLIC ORDER ;
• Art. 114 – Treason
• Art. 115 - Conspiracy and proposal to commit treason
• Art. 116 - Misprision of Treason
• Art. 117 – Espionage
• Art. 118 - Inciting to war or giving motives for reprisals
• Art. 119 - Violation of neutrality.
• Ari. 120 - Correspondence with hostile country
• Art. 121 - Flight to enemy country
• Art. 122 - Piracy in general and mutiny on the high seas.
• Art. 123 - Qualified piracy
• 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;
• who HAVE BEEN ONCE ON PROBATION
under the provisions of this Decree; and
• 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:
• 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;
• 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:
A.  cooperate with a program of supervision;
B. 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;
G. attend or reside in a facility established for
instruction, recreation or residence of persons on
probation;
H. refrain from visiting houses of ill-repute;
I. abstain from drinking intoxicating beverages to excess;
J. permit to probation officer or an authorized social
worker to visit his home and place or work;
K. reside at premises approved by it and not to change his
residence without its prior written approval; or
L. 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.
It is considered as the first
probation law in the Philippines ,
but which was abolished upon
declaration of its
unconstitutionality:

A. Act 4211
B.Presidential Degree 968
C.House Bill 393
D.None of these
This was considered to be the
form of probation in England prior
to the enactment of the first
formal law on Probation.

A.Release on Recognizance
B.Reintegration and Recognition
C.Word of Honor
D.Pardon
It is exercise exclusively within the
sound discretion of the president
for the objectives of preventing
miscarriage of justice or correcting
manifests injustice.

A.Parole
B.Pardon
C.Executive Clemency
D.Reprieve
Kind of Executive Clemency which
exempts an individual , within certain
limits or conditions from the
punishment that the law inflicts for the
offense he has committed resulting
from the partial extinction of his
criminal liability.

A. Absolute Pardon
B. Reprieve
C. Commutation of Sentence
D.None of these
An offender by placing him
to an institution where he
can be treated well until he
becomes fully recovered and
accepted by the community.

A. Institutional Corrections
B. BJMP
C. Non Institutional Correction
D. Parole
Father of Philippine
Probation?

A.John Augustus
B.Mathew Davenport Hill
C.Edward Savage
D.Teodulo Natividad
He is a convicted defendant whose
application for probation has been
given due course by the court but fails
to report to the probation officer or
cannot be located within a reasonable
period of time.

A. Absconding Petitioner
B. Absconding Probationer
C. Absconding Parolee
D.Absconding Pardonee
What court will you apply for
probation?

A.Regional Trial Court

B.Metropolitan Trial Court
C.Same Court, where you have
been convicted
D.Any of these
Ronnel Salvador was sentenced to
serve a penalty of Prision
Correctional Is he qualified to
apply for probation?

A.Yes
B.True
C.False
D.No
What is the act of grace from the sovereign
power inherent in the state which exempts
an individual from the punishment which the
law imposes or prescribes for his crime,
extended by the president thru the
recommendation of the BOARD of Pardon
and Parole?

A. Amnesty
B. Parole
C. Pardon
D. Probation
Violation of the following shall disqualify an offender to avail of the
benefits of PD 968, as amended
• VIDEO GRAM LAW (PD 1987)
• OMNIBUS ELECTION CODE (BP 881)
• WAGE RATIONALIZATION ACT (R.A 6727)
• COMPREHENSIVE DANGEROUS DRUGS ACT (R.A 9165) except:
• Sec. 12 - Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs (6 mos – 1 day to 4 years
• Sec. 14 - Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs during Parties, Social
Gatherings or Meetings.
• Section 17. Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.(1 year and1 day to 6 years)
• Section 70. Probation or Community Service for a First-Time Minor
Offender in Lieu of Imprisonment.
OUTSIDE TRAVEL
• A Probation officer may authorize a probationer to travel
outside his area of operational for more than 10 days not More
than 30 days.
• Outside travel up to 30 days outside operational jurisdiction of
PPA office file at least 5 days before intended travel.
• Outside travel of more than 30 days outside the operational
jurisdiction of PPA Office said request recommended by CPPO
and approved by the Court.
• Outside travel for a cumulative duration of more than 30 days
within a period of six (6) months shall be considered as Courtesy
Supervision.
RULES ON CHANGING OF
RESIDENCE
• The probationer must file a request
for change of residence at the city or
provincial Parole and Probation
officer to the court approval.
• If approved, the RTC which has
jurisdiction over the place shall have
full control of the probationer.
Sec. 14 Period of Probation
the period of probation of an defendant sentence to a
term of imprisonment of not more than 1 yr. shall not
exceed 2 yrs., and in all other cases, said period shall
not exceed 6 yrs.

• Not more than 2 years if the sentence is

imprisonment for 1 year or less;
• Not more than 6 years if the sentence is
imprisonment for more than 1 year to 6 years.
Note: Probation starts upon issuance of the court
granting probation
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.
BENEFITS OF PROBATION
• PROTECTS OF SOCIETY
• From excessive cost of detention.
• From the high rate of recidivism.
• PROTECTS THE VICTIM
• It provides restitution.
• It preserves justice.
• PROTECTS THE FAMILY
• It does not deprive the wife and children of
husband.
• It maintains the unity of the homes
• ASSIST THE GOVERNMENT
• Reduce the population of prison and jails
• Lessen the clogging of courts.
• Enlighten loads of prosecutors.
• HELPS THE OFFENDER
• Maintain his earning power.
• Provides rehabilitation in the communi ty.
• Restore his dignity.
• JUSTIFIES THE PHILOSOPHY OF MEN
• Life is sacred.
• All men deserve second chance.
• Individual can change.
 SUMMARY PROCESS ON GRANTING PROBATION
• Granted (Mandatory
Condition by Court and others)
• (10 days to
Mandatory Prosecutor’s
– WITHIN comment)
72 HOURS (15 Days
REPORT to Court)
(CPPO)
upon receipt
Others – 1/mos.
Referral
Condition “ORDER
(Comply TO INVESTIGATE”
or Non-Comply)
• Parole
Compliedand –Probation
Final or Administration Officer
Termination Report
Non-Complied
• Post – Sentence – violation or revocation
Investigation report Revocation
(PSI)(60 Days)
report
• Post – Sentence Investigation Report (PSIR)
hearing “Justified”
• Court (Grant or Deny)
issue extended
• Granted – Probation Supervision
modify condition
Denied – serve
•Termination the
order original sentence
– release
Revocation order- w/ order to arrest
MODIFICATIONS OF CONDITIONS FOR
PROBATION (DAU)
• at any time DURING SUPERVISION
• AFTER SUMMARY HEARING when the probationer
violated any of its conditions
• UPON APPLICATION by the probation officer or
the probationer himself

Note: only the judge who heard and decided the

case has the power to grant, deny, modify,
revoke and terminate probation.
PAROLE
A method by which a prisoner who has served a portion
of his sentence is conditionally released but remains in
legal custody, the condition being that in case of
misbehavior, he shall be imprisoned.
What is Parole?
Parole is the conditional release of an offender from a
correctional or penal institution after he has served the
minimum period of his prison sentence under the continued
custody of the state and under the condition that permit
his re-incarceration if he violates a condition for his
release.
WHO MAY GRANT PAROLE TO A
PRISONER?

The Board of Pardons and Parole,

an agency under the Department of
Justice.
Development of Parole
 
• Europe - where the historical part of parole was
originated
• 18th Century - the Thames River was occupied by
Prison Ships
• “Hulk” - prison ships in the later part of the 18th
century.
• Parole - French word “Parole d’ Honeur” meaning
“Word of Honor”.
• 1837 - First parole law was passed in
MASSACHUSETTS. At the same time Captain
Mochanochie, In charge of the English Penal
Colony in Norfolk Island, Australia, introduce a
system whereby a prisoner was given a “TICKET
OF LEAVE” (the equivalent of parole) after
earning a certain required number of marks.
• 1856 - Parole was also featured in Irish Prison
System based on an indeterminate sentence and
the mark system
• DR. Samuel Gridley (S.G) HOWE OF BOSTON
-First man to use the word “PAROLE”. He used
the word in a letter to the Prison Association of
New York in 1869, after some American Prison
Reforms who observed that the Irish Prison
System paved the way for the approval of the law
--- creating Elmira Reformatory.
• ELMIRA REFORMATORY (1876) - Forerunner of
Modern Penology, established a link between the
community-based program and the penal
institution.
1877 WAS OPENED IN ELMIRA,
NEW YORK with ZEBULON R.
BROCKWAY as Superintendent = using
Intermediate sentence compulsory
develops Parole which soon spread to
other states in U.S.A. FATHER OF
PRISON REFORM IN U.S
ALEXANDER MOCHANOCHIE (England) - Supt of
Norfolk Island Penal Colony in Australia introduced
the MARK SYSTEM (progressive human system) to
substitute for corporal punishment.
• Prisoners who earned a required number of marks
are given a ticket of leave which is equivalent to
parole.
• Fair disciplinary trial, built churches, distribute
book and allowed play to be staged, permitted
prisoners to find small garden and rehabilitation
system.
• One of the FATHER OF MODERN PENOLOGY.
SIR WALTER CROFTON - (Chairman of the
Directors of Irish Prisons- 1856) = Introduced the
IRISH SYSTEM (Progressive Stage System)
• Solitary confinement for nine months at a certain
prisons with reduces diet and allowed monotonous
word and towards the end prisoners were given
more interesting work, some education and better
treatment.
• Assignment of public works at Spike Island.
Prisoners were graded according to mark system
and were a badge of distinction to others which
later serve to shorter the length of stay.
• Prisoner was sent to lurk on Smithfield as
preparation for release. Prisoners worked
without custodial supervision and were
exposed to ordinary temptations of
freedom and release on supervision subject
to certain condition equivalent to present
day parse.
• “Self-improvement of the prisoners
himself through successive stages”.
• 1870 - AMERICAN CORRECTIONAL ASSOCIATION
(FORMERLY KNOWN AS NATIONAL PRISON
ASSOCIATION was organized adopting a “Declaration of
Principles” later revised in prison Congress of 1933.

• 1872 - FIRST INTERNATIONAL PRISON CONGRESS

was held in London creating the INTERNATIONAL PENAL
AND PENITENTIARY COMMISSION (IPPC/Hague) an
inter-government organization) established in 1875 and was
dissolved and its function were transferred to the Social
Defense Section of the United Nations.
• ELMIRA REFORMATORY (1876) - FORERUNNER OF
MODERN PENOLOGY. Established a link between the
community -based program and the penal institution.
• 1877 was opened in Elmira, New York with ZEBULON R.
BROCKWAY AS SUPERINTENDENT. Using Intermediate
sentence compulsory develops Parole which soon spread to other
states in U.S.A.
• training school type of institution program for boys from 16 to
30 years of age;
• new prisoners were classified as second grade until promoted to
first grade after six (6) months of good behavior;
• extensive used of parole which is granted after another six (6)
months of good behavior in the first grade;
• after a prisoner committed misconduct he will be demoted to 3rd
grade unless he show good conduct for one month he will be
reclassified to second grade; and
• Indeterminate Sentence and Parole based System.
• SIR EVELYN RUGGLES BRISE (England) 1897
- Director of English Prison, after visiting
Elmira Reformatory, opened a Borstal
Institution near Roached, In Kent which was
considered as the best reform Institutions
for young Offenders.

• First separate institution for women was

established in INDIANA AND
MASSACHUSETTS.
WHICH OF THE FOLLOWING CASES IS
DISQUALIFIED TO APPLY FOR PROBATION?

A.TREASON
B. MALICIOUS MISCHIEF
C. SIMPLE THEFT
D.UNJUSTVEXATION
Is one who, at the time of his trial
for one crime, shall have been
previously convicted by final
Judgment of another crime embraced
on the same title of this code? (RPC)

a.Habitual Delinquent
b.Recidivist
c.Quasi – Recidivist
d.Reiteration
Q. WHO APPOINTS THE PROBATION
ADMINISTRATOR?
A. HOUSE SPEAKER
B. PRESIDENT OF THE REPUBLIC
C. SECRETARY OF JUSTICE
D. SENATE PRESIDENT
HOW MANY YEARS IS THE TERM OF
OFFICE OF A PROBATION AIDE?

A.1 YEAR AND NON-REAPPOINTMENT

B.2 YEARS AND RENEWABLE
C.3 YEARS AND NOT RENEWABLE
D.4 YEARS WITH RE-APPOINTMENT
Q. THE CONTINUING RELATIONSHIP BETWEEN PROBATION
OFFICER AND PROBATIONER IS KNOWN AS
A. AFFILIATION GUIDANCE
B. PRE-SENTENCED INVESTIGATION
C. SUPERVISION
D. PROBATION GUIDANCE

Q. THE COURT MAY GRANT PROBATION ONLY

E. AFTER ARRAIGNMENT
F. AFTER CONVICTION
G. BEFORE CONVICTION
H. ALL OF THESE
HE COINED THE WORD PROBATION?
A. JOHN AUGUSTUS
B. S.G HOWE
C. FREDERICK RAINIER
D. ALEXANDER MOCHANOCHIE

WHAT IS THE HISTORICAL ROOT OF PROBATION?

E. RECOGNIZANCE
F. JUDICIAL REPRIEVE
G. BENEFITS OF CLERGY
H. BAIL
WHEN THE APPLICATION FOR PROBATION DOES SHALL BE FILE?
A. WITHIN 15 DAYS
B. WITHIN APPEALABLE PERIOD
C. UPON CONVICTION
D. IT’S UP TO YOU

HOW LONG TERM OF OFFICE OF MEMBER OF THE BOARD OF

PARDON AND PAROLE?
E. FIVE YEARS WITHOUT REAPPOINTMENT
F. SIX YEARS WITHOUT PREJUDICE(FAVOR) TO REAPPOINTMENT
G. SIX YEARS WITHOUT REAPPOINTMENT
H. FIVE YEARS WITHOUT PREJUDICE TO REAPPOINTMENT
UNDER RULES AND METHOD EMPLOYED OF IMPRISONMENT IN
FULL THE MAXIMUM NUMBER OF MINOR VIOLATIONS THAT
WOULD RESULT IN REVOCATION OF THE PROBATION ORDER?
A. 5 VIOLATIONS
B. 3 VIOLATIONS
C. 4 VIOLATIONS
D. 2 VIOLATIONS

FOR A CONVICTED OFFENDER, PROBATION IS A FORM OF _____.

E. PUNISHMENT
F. TREATMENT
G. ENJOYMENT
H. INCARCERATION
PAROLE IN THE
PHILIPPINES
 
ACT 4103 – otherwise known as the “Indeterminate Sentence
Law” took effect on December 5, 1933 “BOARD OF
INDETERMINATE SENTENCE”

EXECUTIVE ORDER 83, SERIES OF 1937

Gave the Board the authority to advice the Chief Executive on
the courses of action to take on petitions for executive
Clemencies.
Renamed the Board of Indeterminate “SENTENCE TO
BOARD OF PARDONS”

EXECUTIVE ORDER 94
Otherwise known as ““The Reorganization Law of 1947”
Which abolished the Board of Pardons and created the
“BOARD OF PARDONS AND PAROLE
 Executive Order 292,
“ The Administrative Code of
1987”
Which give authority to Parole and
Probation Administration to supervise
Parolee, Pardonee and Probationee and
conduct investigation as to be the basis in
granting Parole and Probation.
Pursuant to the Constitution
“The Board is the Administrative arm of the
President of the Philippines in the exercise of his
constitutional power to grant, except in cases of
Impeachment, Pardon, Reprieve and Amnesty after
conviction by final judgment.

Note:
Act 4103 was further amended by R.A 4203, Which
provided the qualification, term of office, composition
and compensation of the Board members on June 19,
1965
In determining the fitness of a prisoner for
release on conditional pardon, the following points
shall be considered as guides, EXCEPT:
A. The political, organizational or religious
affiliation of the prisoner should be disregarded.
B. Due regard should be given the attitude of the
people in the community from which he was
sentenced.
C. The background of the prisoner before he was
committed to prison – social, economic.
D. Financial capacity of the prisoner.
REVIEW OF CASES FOR PAROLE 
• Eligibility of Parole
•  Unless disqualified, a prisoner shall be eligible for the grant
of parole upon a showing that he is:
•  he is confined in a jail or prison to serve an indeterminate
prison sentence, the maximum period of which exceeds one
year, pursuant to a final judgment of conviction
• he has served the minimum period of said sentence less the
good conduct time allowances (GCTA) earned.
• there is a reasonable probability that if released, he will be
law – abiding
• his release will not be incompatible with the interests and
welfare of society.
• SEC. 14. Grant of Parole - A prisoner
may be granted parole whenever the
Board finds that there is a
REASONABLE PROBABILITY THAT IF
RELEASED, HE WILL BE LAW-
ABIDING and that his RELEASE WILL
NOT BE INCOMPATIBLE WITH THE
INTEREST AND WELFARE OF
SOCIETY.
SEC. 15. DISQUALIFICATION FOR PAROLE - The
following prisoners shall not be granted parole:
• Those convicted of an offense punished with DEATH
PENALTY, RECLUSION PERPETUA OR LIFE
IMPRISONMENT;
• Those convicted of TREASON, CONSPIRACY OR
PROPOSAL TO COMMIT TREASON OR
ESPIONAGE;
• Those convicted of MISPRISION OF TREASON,
REBELLION, SEDITION OR COUP D'ETAT;
• Those convicted of PIRACY OR MUTINY ON THE
HIGH SEAS OR PHILIPPINE WATERS;
• Those who are HABITUAL DELINQUENTS i.e. those
who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft,
estafa and falsification, are found guilty of any of said
crimes a third time or oftener; (SLERFT)
• Those who ESCAPED FROM CONFINEMENT OR
EVADED SENTENCE;
• Those who were GRANTED CONDITIONAL PARDON
AND VIOLATED ANY OF THE TERMS thereof;
• those whose MAXIMUM TERM OF IMPRISONMENT
DOES NOT EXCEED ONE (1) YEAR or those with
definite sentence;
• Those SUFFERING FROM ANY
MENTAL DISORDER as certified by a
government psychiatrist or
psychologist;
• Those whose CONVICTION IS ON
APPEAL;
• Those who have PENDING CRIMINAL
CASE/S.
SUMMARY ON PAROLE PROCEDURE
• Granted by Board of Pardon and Parole (BPP)(ATLEAST 4 VOTES)
• Upon SERVE THE FULL MINIMUM SENTENCE
• Referral “REQUEST TO INVESTIGATE”
• Parole and probation Officer
• PRE-PAROLE INVESTIGATION (PPI) 30 days
• PRE-PAROLE INVESTIGATION REPORT (PPIR)
• BPP (Grant or Deny)
• Granted – Parole Supervision
• Denied – Serve the remaining sentence
• Condition (Mandatory and Other)
• Mandatory – within 45 days report
• Other – 1/mos. outside Manila, 2/mos. Within Manila
• Condition (Comply or Non-Comply)
• Complied – Submission of Summary Report
• Non-Complied – Infraction (new Violation) or Violation report (violate condition)
• Final Release and Discharge (FRD) (complied)
• Order of Arrest and Recommitment (OAR)
PAROLE IS NOT CLAIMED AS A RIGHT BUT THE BPP GRANTS IT AS
A PRIVELEGE TO A QUALIFIED PRISONER. THIS STATEMENT IS:
A. PARTIALLY TRUE
B. ABSOLUTELY TRUE
C. PARTIALLY TRUE
D. ABSOLUTELY FALSE

A PRISONER SHALL BE ELIGIBLE FOR PAROLE AFTER SERVING AT

LEAST WHAT PERIOD OF IMPOSED SENTENCE?
E. HALF OF MAXIMUM SENTENCE
F. MAXIMUM INDETERMINATE SENTENCE
G. NO IMPRISONMENT
H. MINIMUM OF INDETERMINATE SENTENCE
LAYLA IS A PAROLE AND PROBATION
OFFICER. HER PAROLEE VIOLATED A
CONDITION SET FORTH IN THE PAROLE. TO
WHAT OFFICE SHALL THE FORMER REPORT
VIOLATION?
A.PROBATION AND PAROLE ADMIN (PPA)
B. BUREAU OF CORRECTIONS
C. DEPARTMENT OF JUSTICE
D.BOARD OF PARDONS AND PAROLE
WHICH OF THE FOLLOWING IS DONE BY THE COURTS IF THE
CONDITIONS SET FORTH VIOLATE HIS PROBATION?

A. ORDER THE PROBATION

B. LET THE PROBATIONER DO RE-APPLY FOR PROBATION
C. ISSUED RELEASE ORDER
D. INMATE ORDERS FOR THE PROBATION TO SERVE HIS ORGINAL
SENTENCE

THE JUDGES BASES OF THE GRANT OF PROBATION RELIES ON

REPORT OF.
E. PROSECUTOR
F. POLICE OFFICER
G. PROBATION OFFICER
H. SOCIAL WORKER
 EXECUTIVE
CLEMENCIES: (PARC)
What is Executive Clemency?

• Executive clemency is a disposition of the President

to show mercy, especially toward an offender or
enemy. It is granted for the purpose of relieving
the harshness of the law or correcting mistakes in
the administration of justice. Executive clemency is
granted the President of the Philippines as embodied
in the 1987 Constitution (Article VII, section 19).
What is Pardon?

• is a form of Executive clemency which is

exercise by the Chief Executive
• It is an act of grace and the recipient of pardon
is entitled to it is a matter of right
• The exercise of Pardon is vested in the
executive, is discretionary and is not subject to
review or judicial notice by the court
PARDON (Absolute/conditional) - IT IS A FORM OF EXECUTIVE
CLEMENCY WHICH IS EXERCISED BY CHIEF EXECUTIVE.

• It is AN ACT OF GRACE and the recipient is not entitled to it as a

matter of right. It is discretionary and not subject to review by
the judiciary. It dates back to the pre-Christian Era.
• It was applied to members of the ROYAL FAMILY WHO
COMMITTED CRIMES AND OCCASIONALLY TO THOSE
CONVICTED OF OFFENSES AGAINST THE ROYAL POWER.
• In England it was usually an exclusive power of the king but there
were times that were extended to the Queens upon advised of the
Minister of the Interior.
• In United States, pardon was exercised by the Royal governor
delegated to him by the King. After her independence, the federal
and the state constitutions vested it to the President of the United
States and the Governor in federal and state cases, respectively.
SEC. 19, ARTICLE VII OF THE 1987
CONSTITUTION:
“Except in the cases of impeachment or as otherwise
provided in this Constitution, the President may grant
Reprieve, Commutation, and pardons, and remit fines
and forfeitures, after conviction by final Judgment”

this is the constitutional basis of the controversial

grant of pardon by President Gloria Macapagal Arroyo
to former President Joseph Ejercito “Erap” Estrada
and recently to the son of former Chief Justice of the
Supreme Court Claudio teehankee Jr
Pardon cannot be granted in cases of
Impeachment
- Impeachment proceeding is not Judicial
Proceeding neither Criminal Prosecution and
therefore beyond extent of Pardoning Power.
But when the government official is already
impeached from his office and latter on
charged and convicted criminally in an ordinary
criminal action, the President may extend
pardon to him
No Pardon can be granted for violation of any election laws,
rule and regulation without the favorable recommendation
of the COMMISSIN ON ELECTION (SEC. 5, Art. IX)

SECRETARY OF NATIONAL DEFENSE (DND) AND

SECRETARY OF INTERIOR AND LOCAL GOVERNMENT
(DILG), if involves Crimes against National Security and
Public Order or the Law of nation
DEPARTMENT OF FOREIGN AFFAIRS, if the prisoner is
an Alien

“ Pardon can be granted only after conviction by final

Judgment ”
KINDS OF PARDON IN THE PHILIPPINES:
 
• ABSOLUTE PARDON - Given without any
condition attached to it and it is the sole power
of the president to grant it to that person
whose qualification is qualified? Except in cases
of impeachment (Art. 7, sec 19 of 1987
Philippine Constitution) take note only qualified
individual if several persons it will fall under
Amnesty provided he did not failed to any of
provision in granting amnesty.
IT WAS A FIRST CASE OF PARDON
THAT RESTORES ALL THE RIGHTS?
A. PEOPLE VS. ESTRADA
B. CRISTOBAL VS. LABRADOR
C. PEOPLE VS. VERA
D. PEOPLE VS. GENOSA
E. PEOPLE VS. MEDINA
F. PEOPLE VS. JENNING
G. ARIZONA VS. MIRANDA
ITS PURPOSES ARE: (RKM)
• To RESTORE FULL POLITICAL AND
CIVIL RIGHTS of person who have already
served their sentence and have waited the
prescribed period.
To KEEP PUNISHMENT ABREAST WITH
THE CURRENT PHILOSOPHY, concept or
practice of criminal justice administration;
and
• To do away with the MISCARRIAGE OF
JUSTICE;
CONDITIONAL PARDON
• Serves the purpose of releasing a prisoner
who is ALREADY REFORMED OR
REHABILITATED BUT WHO CANNOT
BE PAROLED BECAUSE THE PAROLE
LAW DOES NOT APPLY TO HIM.
• Thus a prisoner serving a determinate
sentence or life imprisonment is excluded
from the benefits of the parole law.
However if reformed he may be given
conditional pardon.
 Minimum requirements for a convict be eligible for the grant of pardon
The petitioner must have served at least one – half (1/2) of the minimum of his indeterminate
sentence or the following portions of his prison sentence;

YEARS CRIMES
At least 2 years Murder
Parricide
Not included Reclusion Perpetua
At least 1 year Homicide
At least 9 months Frustrated Homicide
At least 6 Months Attempted Homicide
Effects of Pardon

• Pardon removes the penalties and resultant

disabilities imposed by law;

• Pardon restores to a person the enjoyment of his

civil and political rights
• For absolute pardon, ten (10) years must have elapsed from
the date of release of the petitioner from confinement or
five (5) years from the date of expiration of his maximum
sentence, whichever is more beneficial to him.

Prisoners not Eligible for Conditional Pardon

1. If the prisoner is eligible for parole
2. If the prisoner has been sentences to another prison term
within one (1) year from the date of his last recommitment to
the jail or prison from where he escaped.
3. If the prisoner is suffering from mental illness or disorder
as certified by a government psychiatrist.
4. If the prisoner had violated a conditional pardon, which
was previously granted before the expiration of his maximum
sentence.
 PAROLE VS CONDITIONAL PARDON
Board of Pardon and Parole President thru the recommendation of BPP
Must be filed 30 days before the Must be filed 30 days before the expiration
expiration of the minimum of the Half of the maximum of
Indeterminate sentence Indeterminate sentence
Referral “Request to investigate” Referral “Request to investigate”

Parole Officer Parole Officer

Pre – Parole Investigation (30 Pre Executive Clemency Investigation (30
Day) Day)
Pre – Parole Investigation Report Pre Executive Clemency Investigation Report
(PPIR) (PECIR)
Granted – Parole Supervision Granted – Parole Supervision
Condition (Mandatory and Other)
Mandatory – within 45 days report
Other – 1/mos. outside Manila,
2/mos. Within Manila
Condition (Comply or Non-Comply)
Complied – Submission of Summary
Report
Non-Complied – Infraction (new
Violation) or Violation report
(violate condition)
Condition (Mandatory and Other)
Mandatory – within 45 days report
Other – 1/mos. outside Manila,
2/mos. Within Manila
Condition (Comply or Non-Comply)
Complied – Submission of Summary
Report
Non-Complied – Infraction (new
Violation) or Violation report
(violate condition)

Final Release and Discharge (FRD) Final Release and Discharge

(complied) (FRD) (complied)
Order of Arrest and Order of Arrest and
Recommitment (OAR) Recommitment (OAR)
OFFENDED PARTY ALSO CAN GIVE
PARDON (CASAAR)
• Concubinage
• Adultery
• Seduction
• Abduction
• Act of Lasciviousness
• Rape
 PARDON ACCORDING TO GRANTING POWER

PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED

PARTY
PARDON OF THE PARDON OF THE OFFENDED PARTY

PRESIDENT
Extinguishes the criminal It does not extinguish the criminal
liability of the offender liability of the offender

It does not include the civil The offended party can waive the civil
liability to pay liability of the offender

Granted only after conviction Must be made before the institution of

the criminal action in cases where the law
allows pardon by the offended party.
AMNESTY
(with concurrence of the Congress) - It is
an act of the sovereign power granting
oblivion general pardon for a past offense
usually granted in favor of certain classes
of persons who have committed crimes of
a political character, such as Treason,
Sedition, Rebellion
 AMNESTY vs PARDON
AMNESTY PARDON
Made by the President with Made by the President
the concurrence of alone
Congress
Usually extended to Extended to any type of
political crimes crime
May be extended even May be given only after
before conviction or before final conviction
REPRIEVE
• temporary suspension of the execution of
sentence (usually extended to death penalty
prisoners).
• This word simply means “TO MAKE BACK” or
the withdrawing of the sentence for an
interval of time.
• It is the temporary stay if the execution of
sentence exercised by the President
Kind of Reprieve
•In common law, reprieve after
judgments are of three kinds, to
wit:
•At the pleasure of the Crowd
•In the discretion of the court of
necessity
 
 COMMUTATION OF SENTENCE
• It is an executive clemency that changes a
heavier sentence to a less serious one, or a
longer prison term to a shorter period.
• Deduction
• Reduction
• Lessening/Lowering
• Mitigating
• COMMUTATION OF SENTENCE – reduction, reducing,
lessening, lowering, MITIGATING or deduction of the
sentence. It is an executive clemency that changes a
heavier sentence to a less serious one, or a longer prison
term to a shorter period.
• REVIEW OF CASES FOR EXECUTIVE CLEMENCY -
Petitions for executive clemency may be reviewed if the
prisoners meet the following minimum requirements:
Effects of commutation of sentence

• The commutation of the original sentence for another of a

different length and nature and shall have the legal
effect of substituting the latter in the place of the
former.
Eligibility For Commutation of Sentence -
• The prisoner shall have SERVED AT LEAST ONE-
THIRD (1/3) OF THE MINIMUM OF HIS
INDETERMINATE and/or definite sentence or the
aggregate minimum of his indeterminate and/or definite
sentences.
• AT LEAST TEN (10) YEARS for prisoners sentenced
to RECLUSION PERPETUA or Life imprisonment for
crimes or offenses committed before January 1, 1994.
• AT LEAST TWELVE (12) years for prisoners whose
sentences were adjusted to a DEFINITE PRISON
TERM OF FORTY (40) YEARS in accordance with the
provisions of Article 70 of the Revised Penal Code, as
amended?
• AT LEAST FIFTEEN (15) YEARS for
prisoners convicted of HEINOUS CRIMES as
defined in Republic Act No. 7659 and other
special laws committed on or after January 1,
1994 and sentenced to one or more Reclusion
Perpetua or Life imprisonment
• AT LEAST TWENTY (20) YEARS in case of
one (1) or more DEATH PENALTY/penalties,
which was/were automatically reduced or
commuted to one (1) or more Reclusion
Perpetua or Life imprisonment;
• FOR CONDITIONAL PARDON, the prisoner shall have
served at least one-half (1/2) of the minimum of his
original indeterminate and/or definite sentence. However,
in the case of a prisoner who is convicted of a heinous
crime as defined in Republic Act No. 7659 and other special
laws, he shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence before his
case may be reviewed for conditional pardon.

• FOR ABSOLUTE PARDON, after he has served his

maximum sentence or granted final release and discharge
or court termination of probation. However, the Board may
consider a petition for absolute pardon even before the
grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the
petitioner: (INDETERMINATE SENTENCE LAW)
MODES OF TOTAL EXTINCTION OF CRIMINAL
LIABILITY (Art. 89)
• By the DEATH OF THE CONVICT, as to the personal
penalties; as to pecuniary liabilities, it is extinguished
only when the death of the offender occurs before
final judgment.
• By SERVICE OF SENTENCE;
• By AMNESTY - an act of the sovereign power granting
oblivion or a general pardon for past offense, and is
rarely exercised in favor of a single individual, and is
usually exerted in behalf of certain classes of persons
who are subject to trail but not yet convicted.
By ABSOLUTE PARDON
• PRESCRIPTION OF CRIME - the forfeiture or
the loss of the right of the state to prosecute
the offender after the lapse of a certain time.
• PRESCRIPTION OF PENALTY - the loss or
forfeiture of the right of the Government to
execute the final sentence after the lapse of
a certain time.
• MARRIAGE OF THE OFFENDED PARTY
under Article 344 RPC
MODES OF PARTIAL EXTINCTION OF CRIMINAL
LIABILITY
• By CONDITIONAL PARDON - a contract between the
president and the convict the former will release the latter
upon compliance with certain conditions.
• By COMMUTATION OF SENTENCE - it is the reduction of
the period of imprisonment of the offender or the amount of
the fine.
• For GOOD CONDUCT TIME ALLOWANCE - are deductions
from the term of the sentence for good behavior of the
convicted prisoner.
• PAROLE - consists of the suspension of the sentence of a
convict after serving the minimum term of the
indeterminate penalty.
The Probation Law
in the Philippines
(PD 968, as
amended by (RA
10707)
 Other amendment of PD 968
• PD 1257 – Effective on Dec 1, 1977, amending section 4, 7
paragraph (1), 15 and 33 of PD 968.
• BP 76 – effective upon June 13, 1980, Amending section 9
of PD 968
• PD 1990 – Promulgated on October 5, 1985 and took effect
on January 15, 1986, amended section 4 and 9 of PD 968.
• RA 10707 – Approved on November 26, 2015 by Pres.
Benigno Aquino III
• RA 9344 – JJWA of 2006- amended section 4 of PD 968
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. — 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.
• No application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction: Provided, That when a judgment
of conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant
shall be allowed to apply for probation based on the modified decision before such
decision becomes final.
• The application for probation based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a non-probationable penalty was
rendered, or in the trial court where such case has since been re-raffled.
• In a case involving several defendants where some have taken further appeal, the
other defendants may apply for probation by submitting a written application and
attaching thereto a certified true copy of the judgment of conviction.
• “The trial court shall, upon receipt of the application filed, suspend
the execution of the sentence imposed in the judgment.

• “This notwithstanding, the accused shall lose the benefit of

probation should he seek a review of the modified decision which
already imposes a probationable penalty.

• “Probation may be granted whether the sentence imposes a term

of imprisonment or a fine only. The filing of the application shall be
deemed a waiver of the right to appeal.1âwphi1

• “An order granting or denying probation shall not be appealable.”

PD 968
Section 4. Grant of Probation. Subject to the provisions of this Decree, the
court may, after it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, 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.

Probation may be granted whether the sentence imposes a term of

imprisonment or a fine only. An application for probation shall be filed with
the trial court, with notice to the appellate court if an appeal has been taken
from the sentence of conviction. The filing of the application shall be deemed
a waver of the right to appeal, or the automatic withdrawal of a pending
appeal.

An order granting or denying probation shall not be appealable.

What are the Disqualifications for Probation
application? (PD 968)

1. Those who were sentenced to more than 6 years

2. Those who were convicted of crimes against the security of the state (Art.
134 to 157 except 135, 140 and 152 of the RPC)
3. Those previously convicted and punished of not less than 1 month
and 1 day imprisonment and/or fine of not less than 200 pesos (include those
punished with destierro)
4. Those who were previously granted probation under P.D. 968
5. Those who were already serving their sentence when probation
became applicable
SECTION 2. Section 9 of the same Decree, as amended, is hereby further
amended to read as follows:

“SEC. 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 (6)
years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense
punished by imprisonment of more than six (6) months and one (1) day and/or
a fine of more than one thousand pesos (P1,000.00);
“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.”
PD 968
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 3. Section 16 of the same Decree, as amended, is hereby further
amended to read as follows:

“SEC. 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 suspended as a result of his conviction and to totally extinguish
his criminal liability as to the offense for which probation was granted.

“The probationer and the probation officer shall each be furnished with a
copy of such order.”
PD 968
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.

The probationer and the probation officer shall each be furnished with a copy
of such order.
SECTION 6. Section 28 of the same Decree is hereby amended to
read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief

Probation and Parole Officers in the supervised treatment program of
the probationers, the Probation Administrator may appoint citizens of
good repute and probity, who have the willingness, aptitude, and
capability to act as VPAs.

“VPAs shall not receive any regular compensation except for

reasonable transportation and meal allowances, as may be
determined by the Probation Administrator, for services rendered as
VPAs.
“They shall hold office for a two (2)-year term which may be
renewed or recalled anytime for a just cause. Their functions,
qualifications, continuance in office and maximum case loads shall
be further prescribed under the implementing rules and
regulations of this Act.

“There shall be a reasonable number of VPAs in every regional,

provincial, and city probation office. In order to strengthen the
functional relationship of VPAs and the Probation Administrator,
the latter shall encourage and support the former to organize
themselves in the national, regional, provincial, and city levels for
effective utilization, coordination, and sustainability of the
volunteer program.”
Section 28. Probation Aides. To assist the Provincial or City
Probation Officers in the supervision of probationers, the
Probation Administrator may appoint citizens of good repute and
probity to act as probation aides.

Probation Aides shall not receive any regular compensation for

services except for reasonable travel allowance. They shall hold
office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum case loads shall
be provided in the rules promulgated pursuant to this Decree.
RELEASE OF RECOGNIZANCE (R.A
6036)
• A kind of release where in a prisoner
will be turn over to somebody with
probity to the community
(CHAIRMAN)
• A person charged of criminal offense
the highest penalty of which is not
more than 6 months and fine of 2000
BP 76 – the period of punishment
which is probationable is extended
from 6 years and 1 day.

P.D. 1990 – the period of

punishment which is probationable
is lowered again from 6 years and
1 day to 6 years or less
E.0.292 (Administrative Code
of 1987)

– renamed the Probation

Administration into Parole and
Probation Administration
NATURE OF INFORMATION
GATHERED
- Strictly confidential and privilege
NATURE OF POST SENTENCE
INVESTIGATION
- It is recommendatory in nature
and address to the sound discretion
of the trial court
EFFECTIVITY OF PROBATION
- Upon its issuance

FINALITY
The order of the court granting or
denying probation SHALL NOT BE
APPEALABLE.
 Two concepts in probation
supervision:

1. Operational Supervision –
refers to joint processes that
takes place between the PO and
the probationer from the time
probation is granted until its
termination.
2. Administrative supervision –
refers to the relationship between
the PO and the assistant PO
during the conduct of operational
supervision
Levels of Supervision

a) Minimum (green plan card) –

minimal attention is required and
the probationer is ordered to report
once a month to the PO.
b) Medium (yellow plan card) – the
probationer is in need of moderate
attention and required to report at
least twice a month to the PO
c. Maximum (red plan card) - this
indicates that the person placed
under probation is in need of
considerable attention and
guidance. Reporting is more than
twice a month
2 Aspects of Probation Supervision:

1. Authoritarian – deals with the

enforcement of the conditions
imposed by the court;
2. Guidance – direct the
probationer to live a law abiding
life and be productive member of
the society.
The offender may be released pending
application for probation:

a. On the same bond he filed during trial

b. On a new bond
c. To the custody of a responsible
member of the community if unable to
file bond
When can the Court Modify the Conditions
for Probation?

a. at any time during supervision

b. after summary hearing when the
probationer violated any of its conditions
c. upon application by the probation officer or
the probationer himself
COMPOSITION OF THE BOARDS OF
PARDON AND PAROLE
Chairman - Secretary of the DOJ
Members:
a. Sociologist
b. Clergyman
c. Educator
d. Lawyer
e. A Penologist and
f. at least one (1) woman
Presidential Decree 968
– Probation Law of 1976
- This was signed into law by then President
Ferdinand Marcos on July 24, 1976 during
the last day of the first national conference
on Crime Control held at Camp Aguinaldo.
- January 3, 1978 – effectivity of the application
of the substantive provisions concerning grant
of probation.
Teudolo C. Natividad – former
NAPOLCOM commissioner and former
Congressman of Bulacan.

- Known as the “father” of Probation

in the Philippines.
 Petition for Probation

Is there a need to apply for

probation to avail of its benefits?
-Yes, it will not be granted except upon the
application by the accused. The necessity for
such application is indicated in Sec. 4, PD 968,
which states that “the trial court may, after it
shall have convicted and sentenced a
defendant and upon application by said
defendant within the period of perfecting an
appeal….
 Who Can Apply Probation?

- Any sentenced offender, 18 years of

age and above, to serve a maximum
term of imprisonment of not more than
six years and is not specially
disqualified by law.
LAWS AND DECREES
USUALLY AVAILED
OF
TO DECONGEST
JAILS
1. PRESIDENTIAL DECREE NO. 968

- as amended, known as the adult

Probation Law, grants probation
to prisoners sentenced to prison
terms of not more than six years.
 2. ACT NO. 4103

- as amended, creating the Board of

Pardons and Parole tasked to look
into the physical, mental and moral
record of prisoners to determine who
shall be eligible for parole or
conditional pardon.
3. PRESIDENTIAL DECREE NO. 603 (Amended by
RA 9344)
known as the child and youth welfare code,
suspends sentence of minor offenders whose ages
range from nine (9) years to under eighteen (18)
years and place them in rehabilitation centers under
the supervision of the DSWD before they are
released to the custody of their parents or to any
responsible person.
 4. REPUBLIC ACT NO. 6036 (1969)

AN ACT PROVIDING THAT BAIL SHALL NOT, WITH

CERTAIN EXCEPTIONS, BE REQUIRED IN CASES OF
VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES
AND IN CRIMINAL OFFENSES WHEN THE
PRESCRIBED PENALTY FOR SUCH OFFENSES IS NOT
HIGHER THAN ARRESTO MAYOR AND/OR A FINE
OF TWO THOUSAND PESOS OR BOTH.
• provides for the release of offenders
charged with an offense whose
penalty is not more than six (6)
months and/or a fine of Two
Thousand pesos (2,000) or both, to
the custody of a responsible person in
the community, instead of a bail bond.
 5. REPUBLIC ACT NO.
6127
- fully deducts the period of the
offenders’ preventive detention
from the sentence imposed by
the courts.
REPUBLIC ACT No. 10389

This Act shall be known as

the "Recognizance Act of
2012″
Recognizance Defined – is a mode
of securing the release of any person
in custody or detention for the
commission of an offense who is
unable to post bail due to abject
poverty.
Release on Recognizance as a Matter
of Right Guaranteed by the Constitution
– The release on recognizance of any
person in custody or detention for the
commission of an offense is a matter of
right when the offense is not punishable
by death, reclusion perpetua, or life
imprisonment.
 Disqualifications for Release on
Recognizance

a) The accused bad made untruthful statements

in his/her sworn affidavit;

b) The accused is a recidivist, quasi-recidivist,

habitual delinquent;
c) The accused had been found to
have previously escaped from legal
confinement, evaded sentence or has
violated the conditions of bail or
release on recognizance without valid
justification;
d) The accused had previously committed a
crime while on probation, parole or under
conditional pardon;

e) The personal circumstances of the accused

or nature of the facts surrounding his/her case
indicate the probability of flight if released on
recognizance;
f) There is a great risk that the accused
may commit another crime during the
pendency of the case; and

g) The accused has a pending criminal

case which has the same or higher
penalty to the new crime he/she is being
accused of.
 5. REPUBLIC ACT NO.
6127
- fully deducts the period of the
offenders’ preventive detention
from the sentence imposed by
the courts.
 6. BATAS PAMBANSA
BILANG 85
- authorizes the release of a
detainee who has undergone
preventive imprisonment equivalent
to the maximum imposable
sentence for the offense he is
charged with.
 7. ARTICLE 96 OF THE 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;
and
 ARTICLE 97

•which provides that a prisoner

shall be entitled to a deduction
from his prison term for good
conduct.
GCTA – is a privilege granted to a prisoner
that shall entitle him to a deduction of his
term of imprisonment. Under Art.97,
RPC, the GCTA are:

1. 5 days per month during the first 2 years

of imprisonment
2. 8 days per month during the 3rd to 5th
years of imprisonment
3.10 days during the following years until the
10th years of imprisonment
4. 15 days during the 11th and successive
years

ACT 3316- the formal basis on the grant of

Good Conduct Time Allowance for
prisoners.
 REPUBLIC ACT NO. 10592

AN ACT AMENDING ARTICLES 29,

94, 97, 98 AND 99 OF
ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE
REVISED PENAL CODE
 ART. 97. Allowance for good conduct

1. During the first two years of imprisonment,

he shall be allowed a deduction of twenty
days for each month of good behavior during
detention;
2. During the third to the fifth year,
inclusive, of his imprisonment, he
shall be allowed a reduction of
twenty-three days for each month of
good behavior during detention;
3. During the following years until
the tenth year, inclusive, of his
imprisonment, he shall be allowed
a deduction of twenty-five days for
each month of good behavior
during detention;
4. During the eleventh and
successive years of his
imprisonment, he shall be allowed
a deduction of thirty days for each
month of good behavior during
detention; and
5. At any time during the period of
imprisonment, he shall be allowed another
deduction of fifteen days, in addition to
numbers one to four hereof, for each month of
study, teaching or mentoring service time
rendered.

“An appeal by the accused shall not deprive

him of entitlement to the above allowances for
good conduct.”
ART. 98. Special time allowance for loyalty

- 1/5 deduction of prison sentence if

after evading sentence during
calamities surrendered or gives
himself up to the authorities within
48 hours
 Amendment:
• A deduction of two-fifths of the period of
his sentence shall be granted in case said
prisoner chose to stay in the place of his
confinement notwithstanding the
existence of a calamity or catastrophe
enumerated in Article 158 of this Code. “This
Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence.”
8. DEPARTMENT OF JUSTICE
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.
To ease the problem of prison overcrowding, six
government agencies signed a MOA for the Jail
Decongestion Program in Feb. 17, 1993 and, after a few
months of operation, was amended on Aug. 31, 1993 to
make it more responsive.

1. Bureau of Jail Management and Penology (BJMP)

2. Public Attorneys Office (PAO)
3. National Prosecution Service (NPS)
4. Bureau of Corrections (BUCOR)
5. Parole and Probation Administration (PPA)
6. Board of Pardon and Parole (BPP)
 Where is the application for
probation be filed?

- Shall be filed within

the court that tried and
sentence the offender.
 When can a petitioner file his
application for probation?

- the law says that the application

should be made within the period for
perfecting an appeal or within 15 days
from the promulgation of notice of
judgment.
However, under Section 42 of R.A. 9344,
the Juvenile Justice and Welfare Act of
2006 –

The court may, after it shall have

sentenced a Child In Conflict with the Law
and upon application at anytime placed
the child on probation in lieu of service of
his sentence.
What is the duty of the court after
receipt of the application?

- the trial court may notify the

concerned prosecuting officer of the
application at a reasonable time before
the scheduled hearing thereof.
P.D. 1257
– participation of the
prosecutor in the
determination of the
application for probation.
 Procedures in Applying for
Probation:
1. The offender or his counsel files
a petition with the convicting
court
2. The court determines convict
qualifications and notifies the
prosecutor of the filing of the
petition
 Procedures in Applying for Probation:

3. The prosecutor submits his

comments on such application
within 10 days from receipt of
the notification
4. If petitioner is qualified, his
application is referred to the
probation officer for post-
sentence investigation.
Determinant factors in the
application for probation:

a. antecedents
b. Character
c. Behavior
d. Physical condition
e. Mental condition
5. The PSIR is submitted by the
probation officer to the court within 60
days.

Contents of PSIR:
a. present offense
b. previous criminal record
c. family situation
d. neighborhood environment
e. social history
f. educational background
g. employment history
h. associates and participations
i. habits
j. physical condition
k. mental condition
l. summary
m. recommendation
6. The court grants or denies the
petition for probation within 15 days
upon receipt of the PSIR.

NOTE: the PSI and the submission

of PSIR are pre-requisites to the
court disposition on the application
for probation.
 Effects of filing an application for
Probation
a) the court may, upon receipt of the
application suspend the execution of
sentence imposed in judgment;
b) pending the submission of the PSIR
and the resolution on the
application, the applicant may be
allowed on temporary liberty under his
bail, on a new bail, or released on
recognizance.