Institutional and non-

institutional correction
 Institutional
It involves the incarceration & rehabilitation of
adults, juveniles convicted of offenses against
the law, and the confinement of persons
suspected of a crime awaiting trial &
adjudication.
 non- institutional

It refer to that method of correcting

sentenced offenders without having to
go to prison.
 House Bill No. 393
Filed by Teudolo C. Natividad and Ramon
Bagatsing. This is the second Bill/measure that
attempts to established an adult probation in
the Philippines. It was passed in the lower house
but pending in the senate when martial law was
proclaimed.
 The present probation law:

• 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
-effectively 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.
 Application for Probation
• The application for probation shall be filed
by sentenced or convicted offender whose
sentence is not more than 6 years
imprisonment. It shall be filed with the
court that tried and sentenced the offender.
• Section 32, RA 6425 (Dangerous Drug Act of 1972)
Probation is granted to drug addicts.
•  PD 603, amended by PD 1179 (Child & Youth
Welfare Code) probation to minor offenders
• PD 968 was approved only on July 24, 1976 and
became operational on January 3, Sentenced
offenders 18 years and above can apply probation
before serving sentence.
• The first probation in 1937 was declared
unconstitutional because it covers only provinces
that can financially afford to adopt the law.
 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….
 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.
 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

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

5. The post-sentence investigation report (PSIR) is

submitted by the probation officer to the court
within 60 days

6. The court grants or denies the petition for

probation within 15 days upon receipt of the PSIR.
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.
 Disqualifications for Probation
• Those who were sentenced to more than 6 years.
• Those who were convicted of crimes against the security of the
state (Art. 134 to 157 except 135, 140 and 152 of the RPC)
• 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)
• Those who were previously granted probation under P.D. 968
• Those who were already serving their sentence when
probation became applicable
 The Court will not grant Probation if it
finds:
• The offender can be treated better in a
mental institution or other places for
correction
• The offender is a risk to the
community
• The offense is grievous to the eyes of the
community
How long is the period of probation?

•  Not more than 2 years if the sentence is

imprisonment for 1 year or less
• Not more than 6 years if t he sentence is
imprisonment for more than 1 year but not
more than 6 years.
Note: Probation starts upon issuance of
the court granting probation.
 When should probation be denied?
• The offender is in need of correctional treatment
that can be provided more effectively by his
commitment to an institution
• There is undue risk that during the period of
probation the offender will commit another crime
• Probation will depreciate the seriousness of the
offense.
 The offender may be released pending application
for probation:

• On the same bond he filed during trial

• On a new bond
• To the custody of a responsible member
of the community if unable to file bond
 OUTSIDE TRAVEL
• Probation officer authorized the probationer
to travel outside the area of the operation for
a period of 10 days but not exceeding 30 days.
• If 30 days, Probation must file 5 days before
travel a request to travel outside for the
approval of Probation authorities.
• If more than 30 days Probation Authorities
shall recommend for Court Approval.
 Termination of Probation:
after the probationer has satisfactorily completed the probation
period, the Probation Officer shall submit termination report to
the court containing the ff:
a. condition of probation
b. program of supervision and response to treatment
c. recommendation
 Rights Restored after Termination of Probation

• a. All civil rights suspended when the offended

was convicted and sentenced are restored
after the termination of probation
• b. liability to pay a fine is also discharged IN
CASE OF SUBSIDIARY IMPRISONMENT
 How Can Probation help in the Prevention of
Crime?
• when in the community, he is helped and
given opportunities to be productive and
responsible instead of going to prison.
• hopefully, these situations restrain the
probationer from committing crime
 Difference of Probation from Imprisonment and
Parole:
1. Probation is an alternative to imprisonment. Instead of being confined in
prison, the probationer is released to the community by the court with
conditions to follow and is placed under the supervision of PO.
2. Parole is a conditional release of a prisoner whereby he is placed under the
supervision of a Parole Officer after serving his minimum sentence.
3. Probation is a community-based approach to reformation of offenders, while
imprisonment adopts the institutionalized approach.
4. Probation is handled by the Probation Administration while parole is
administered by the Parole Board
5. Probation is enjoyed only once while parole may be granted more than once,
depending on good behavior during imprisonment.
6. Probation is more beneficent because it restores full civil rights to the
probationer upon termination unlike parole.
7. Probation is essentially a judicial function (under the control of the court)
while parole is an executive function (under the Parole Board).
 Notes to remember:
P.D. 1257 – participation of the prosecutor in the
determination of the application for probation
P.D. 76 – the period of punishment which is
probationable is extended from 6 years and 1 day.
P.D – the period of punishment which is probationable is
lowered again from 6 years and 1 day to 6 years or less
E (Administrative Code of 1987) – renamed the
Probation Administration into Parole and probation
Administration
• 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.
• 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.
 PAROLE SYSTEM
• 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
• Board – refers to the Board of Pardons and parole
• Administration – refer to the Parole and Probation Administration
• Director – refer to the Director of the BuCor
• Administrator – refer to the administrator of Parole and
Probation Administration
History of Parole system in the Philippines:

• it came into existence by the passage of Act

4103 as amended by Acts 4203 and 4225,
otherwise known as the Indeterminate
Sentence Law, which took effect on Dec. 5,
1933.
• Board of Pardons and Parole – administers the
Parole system of the country
 Pre-Parole Investigation:
– The Administration has been authorized by the
Board to conduct pre-parole investigation of
deserving city, provincial and national prisoner
confined in the city and provincial jails, the
national penitentiary and penal colonies,
whenever their best interests and that of justice
will be served thereby, and to submit reports of
said investigation at least 60 days before the
expiration of the minimum sentences of the
prisoners concerned.
PRISONERS QUALIFIED FOR PAROLE
• Unless otherwise disqualified under Sec. 15 of the rules, a prisoner
shall be eligible for the grant of parole upon showing that –
• a. 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; and that
• b. he has served the minimum period of said sentence less the
Good Conduct Time Allowances (GCTA) earned.
• c. There is a reasonable probability that if released, he will be law-
abiding; and that
• d. His release will not be incompatible with the interests and
welfare of society.
 PRISONERS DISQUALIFIED FOR
PAROLE:
1. those persons convicted of offenses punished with reclusion
perpetua;
2. those convicted of treason, conspiracy or proposal to commit
treason;
3. those convicted of misprision of treason, rebellion, sedition or
espionage;
4. those convicted of piracy;
5.those who are habitual delinquents;
6. those who escaped from confinement or those who evaded
sentence;
7. those who were granted conditional pardon and violated any of the
terms thereof;
7. those who were granted conditional pardon and
violated any of the terms thereof;
8. those whose maximum term of imprisonment does
not exceed 1 year or are with a definite sentence;
9. those suffering from any mental disorder as
certified by a psychiatric report of the bureau of
correction or national center for mental health;
10. those whose conviction is on appeal;
11. those who have pending criminal case for an
offense committed while serving sentence.
 COMPOSITION OF THE BOARDS
OF PARDON AND PAROLE
• Chairman - Secretary of the DOJ
• Ex-Officio - Probation Administrator of the Parole and
Probation Administration
• Members:
• a. Sociologist
• b. Clergyman/Educator
• c. Psychiatrist
• d. Person qualified for the work by training/experience
and a member of the Philippine BAR.
 EXECUTIVE CLEMENCY
• Pardon
• – an act of executive clemency, by a head of a
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.
 Kinds of Pardon
1. Absolute Pardon
-It is an absolute pardon when it is granted by the Chief
Executive without any conditions attached. Absolute
pardon serves to wipe away the guilt of a pardonee,
and makes him innocent as if he has not committed any
crime.
2.Conditional Pardon
It is conditional when it is granted by the Chief
Executive subject to the conditions imposed on the
recipient and accepted by him. Usually, the person
granted with conditional pardon has served a portion
(at least ½ of the minimum of his indeterminate
sentence) of his sentence in prison
 Limitations of the Pardoning Power of the
President
• The following are the limitations of the pardoning power of the
President:
• 1) it may not be exercised for offenses in impeachment cases;
• 2) it may be exercised only after conviction by final judgment;
• 3) it may not be exercised over civil contempt (as for refusing to
answer a proper question as a witness in a case);
• 4) in case of violation of election law or rules and regulations, no
pardon, parole, or suspension of sentence maybe granted;
• 5) cannot be exercised to violation of tax laws.
 OTHER FORMS OF EXECUTIVE
CLEMENCY
• Amnesty
Is a general pardon extended to a group of persons generally
exercised by the Chief Executive with the concurrence of
congress.
It is an act of sovereign power granting oblivion or general
pardon for past offense and rarely, if ever, exercised in favor
of single individual is usually exerted in behalf of certain
classes of person who are subjected to trial but not have
been convicted.
Note: Amnesty can be availed of before, during and after the
trial of the case, even after conviction.
Differences between Amnesty and Pardon

• As to the number of those who can avail:

• Pardon includes any crime and is exercised
individually by the Chief Executive, while amnesty
is a blanket pardon granted to a group of
prisoners, generally political prisoners.
• As to the Time to Avail:
• Pardon is exercised when the person is already
convicted, while amnesty maybe given before
trial or investigation is done.
 As to the Consent of Congress:
• Pardon is granted by the Chief Executive and such as private act, which
must plead and proved by the person pardoned because the court takes
no choice thereof. While amnesty is by proclamation with concurrence of
congress, and it is a public act, which the court should take judicial notice.
• As to the Effect:
• Pardon is an act of forgiveness, i.e. it relieves the offender from the
consequences of the offense, while amnesty is an act of forgetfulness. i.e.
it puts into oblivion the offense of which one is charged so that the
person as if he had never committed the offense.
• As to the Crime committed:
• Pardon is granted for infractions of the peace of the State while amnesty,
for crimes against sovereignty of the state (ex. political offense)
 Commutation of Sentence

• It is a change of the decision of the court

made by the Chief Executive by reducing
the degree of the penalty inflicted upon
the convict, or by decreasing the length of
the imprisonment of the original
sentence.
 Specific cases where commutation is provided
for by the code:
• 1. When the convict sentenced to death is over
70 years of age;
• 2. When ten justices of the Supreme Court
failed to reach a decision for the affirmation of
the death penalty;
• In other cases, the degree of the penalty is
reduced from death to reclusion perpetua.
• In Commutation of Sentence consent of the
offender is not necessary. The public welfare,
not his consent, determines what shall be done
• 3. Reprieve – the temporary stay of the
execution of sentence (applicable only to death
sentence)
• 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
Special Time Allowance for Loyalty (Art.
158, RPC)
• A deduction of 1/5 of the period of the
sentence of any prisoner who evaded the
service of sentence on the occasion of
disorders due to conflagrations, earthquakes,
or other calamities shall be granted if he
returns to authorities within 48 hours after the
president declared that the calamity is over.
• - Once granted hall not be revoked.