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RULE 2.9.
Grant of Parole
 The Board may grant a prisoner parole based on

reports regarding prisoner’s work and conduct and
on the study and investigation by the Board itself
and it finds the following circumstances are
present.
 That the prisoner is fitted by his training for release;
 That there is a reasonable probability that, if
released, he will live and remain at liberty without
violating the law; and
 That his release will not be incompatible with the
welfare of society.
RULE 2.10. Meetings
 The Board shall meet in executive session

regularly or upon call of the Chairman
RULE 2.11. Quorum
 A majority of all the members of the Board shall

constitute a quorum
RULE 2.12. Board Action
 A majority of the members of the Board,

constituting a quorum, shall be necessary to
support a decision of the Board or to carry out any
action. However, in order to grant parole, modify
any terms and conditions appearing in a Release
Document, to order the arrest and recommitment of
a parolee, and to issue certificate of Final Release
and Discharge to a parolee, the decision or action
must be supported by at least four (4) votes of the
members of the Board
 The minutes of the meeting of the Board shall show
the votes of its individual members and the reason or
reasons for voting for or against any matter
presented for the approval of the Board. Any dissent
from the decision to. grant or deny parole shall be
reduced in writing and shall from part of the records
of the proceedings.
RULE 3
RULES AFTER GRANT OF PAROLE
 RULE 3.1. Release; Form of Release Document

– A prisoner shall be released upon the grant of
parole. Such grant of parole shall be evidenced by
the Released Document, which shall be in the form
prescribed by the Board and shall contain the
latest 1’’ x 1’’ photograph and right thumbprint of
the prisoner.
RULE 3.2. Transmittal of
Release Document
 The Board shall send a copy of the Release

Document to the prisoner through the Director of
the Corrections or Warden of the jail where he is
confined. On the date of actual release of the
prisoner, the Director or Warden concerned shall
send a certification of said release to the Probation
and Parole Officer specified in the Release
Document.
RULE 3.3. Parole Supervision
 After release from confinement, the parolee shall

be placed under the supervision of the Probation
and Parole Officer specified in the Release
Document so that the former may be guided and
assisted towards rehabilitation. The period of the
parole supervision shall be extend up to the
expiration of the maximum sentence which should
appear in the Release Document.
RULE 3.4. Presentation to
Probation and Parole Officer
 Within the period prescribed in his Release

Document, the parolee shall present himself to the
Probation and Parole Officer specified in the
Release Document for supervision.
 If parolee fails to report within FIFTEEN (15) days
from the date of his release from confinement, the
Probation and Parole Officer shall inform the Board
of such failure for the Board’s appropriate action.
(as amended by OT-11-02-12, dated Feb. 09,
2012)
RULE 3.5. Arrival Report – WHEN
PAROLEE REPORTS FOR SUPERVISION
 The Probation and Parole Officer concerned shall

IMMEDIATELY inform the Board, through the
Technical Services of the Parole and Probation
Administration, of such fact BY SUBMITTING THE
NECESSARY ARRIVAL REPORT. (as amended by
OT-11-02-12, dated Feb. 09, 2012)
RULE 3.6. Mandatory Conditions
of Supervision
 It shall be mandatory for a parolee to comply with

the terms and conditions appearing in the Release
Document
RULE 3.7. Review and
Modifications of Conditions
 The Board may, motu propio or upon

recommendation of the Probation and Parole
Officer, revise or modify the terms and conditions
appearing in the Release Document.
RULE 3.8. Transfer of Residence
 A parolee may not transfer from the place of

residence designated in his Release Document
without the prior written approval of EITHER the
Regional Director OR THE ADMINISTRATOR,
subject to the confirmation of the Board. (as
amended by OT-11-02-12, dated Feb. 09, 2012)
RULE 3.9. Outside Travel
 A Chief Probation and Parole Officer may
authorize a parolee to travel outside his area of
operational jurisdiction for a period of not more
than thirty (30) days. A travel for more than thirty
(30) days shall be approved by the Regional
Director.
RULE 3.10. Travel Abroad and/or
Work Abroad
 Any parolee under 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 Parole and Probation Administrator and
confirmed by the Board
RULE 3.11. Death of Parolee
 If a parolee dies during parole supervision, the
Probation and Parole Officer shall immediately
transmit a certified true copy of the parolee’s death
certificate to the Board recommending the closing
of the case. However, in the absence of a death
certificate, an affidavit narrating the circumstances
of the fact of death from the barangay chairman or
any authorized officer or any immediate relative
where the parolee resided, shall suffice
INFRACTION/VIOLATION OF
THE TERMS AND
CONDITIONS OF THE
RELEASE DOCUMENT
RULE 3.12. Reports
submit the following reports to the Board:
a) A Progress Report on the conduct of the parolee while under
supervision
b) A STATUS REPORT WHEN A PAROLEE COMMITS
ANOTHER OFFENSE DURING THE PERIOD OF HIS
PAROLE SUPERVISION AND THE CASE FILED AGAINST
HIM IS NOT YET DECIDED BY THE COURTS
c) An Infraction Report when the parolee has been subsequently
convicted of another crime
d) 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 3.13. Arrest of Parolee
 Upon receipt of an Infraction Report, the Board

may order the arrest or recommitment of the
parolee
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/CANCELLATION of
Release Document
 The Board may withdraw/cancel the Release

Document if it finds that material information given
by the parolee to the Board, either before or after
release, was false, or incomplete or that the
parolee had willfully or maliciously concealed
material information from the Board.
(as amended by OT-11-02-12, dated Feb. 09, 2012)

TERMINATION OF
PAROLE SUPERVISION
RULE 3.16. Summary Report
 After the expiration of the maximum sentence of a
parolee, the Probation and Parole Officer
concerned shall submit to the Board, through the
Chief Probation and Parole Officer, a Summary
Report on his supervision of a parolee.
 The clearances from the police, court, prosecutor’s
office and barangay officials shall be attached to
the Summary Report.
RULE 3.17. Certificate of Final
Release and Discharge
 Upon 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, issue to the parolee a
certificate of Final Release and Discharge
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.
RULE 3.19. Transmittal of Certificate
of Final Release and Discharge
 The Board shall forward a certified true copy of the

Certificate of Final Release and Discharge to the
parolee, the Court which imposed the sentence,
the Probation and Parole Officer concerned,
THROUGH THE TECHNICAL SERVICE, the
Bureau of Corrections, the National Bureau of
investigation, the Philippine National Police and
the Office of the President.
 (as amended by OT-11-02-12, dated Feb. 09,
2012)
REPEALING AND
EFFECTIVITY CLAUSES
RULE 4.1. Repealing Clause
 The Rules and Regulations of the Board of

Pardons and Parole dated 20 December, 1989 and
The Revised Rules and Regulations of the Board
of Pardons and Parole dated 26 November, 2002
are hereby repealed, and all other existing rule,
regulations and resolutions of the Board which are
inconsistent with these Rules are likewise repealed
or amended accordingly.
RULE 4.2. Effectivity Clause
 These Rules shall take effect upon approval by the

Secretary of Justice and fifteen (15) days after its
publication in a newspaper of general circulation.
 Done in Quezon City, this 7th day of March, 2006
AMENDED GUIDELINES
FOR RECOMMENDING
EXECUTIVE CLEMENCY
Section 1. Plenary Power of the President
to Grant Executive Clemency
 Under Section 19, Article VII of the Constitution,

except in cases of impeachment or as otherwise
provided therein, the President may grant
reprieves, commutations and pardons, and remit
fines and forfeitures, after conviction by final
judgment. Executive clemency rests exclusively
within the sound discretion of the President, and is
exercised with the objective of preventing a
miscarriage of justice or correcting a manifest
injustice.
These Guidelines are meant solely for the guidance
of the Board of Pardons and Parole (hereafter the
‘’Board’’) in the performance of its duty to assist the
President in exercising the power of executive
clemency pursuant to Executive Order 83 dated
January 11, 1937. These Guidelines create no vested
or enforceable rights in persons applying for
executive clemency
(as amended by Board Resolution No. 24-4-10 dated

April 13, 2010
Section 2. Consideration of
Cases for Executive Clemency
 The Board may consider cases for executive

clemency upon petition, or referral by the Office of
the President, or motu propio
Section 3. Extraordinary
Circumstances
 The Board shall recommend to the President the

grant of executive clemency when any of the
following extraordinary circumstances is present
A. The trial or appellate court in its decision recommended the
grant of executive clemency for the inmate;
B. Evidence which the court failed to consider, before
conviction, which would have justified an acquittal of the
accused;
C. WHEN AN INMATE SUFFERS contagious or life-threatening
illness/disease or with severe physical disability, such as
those who are totally blind, paralyzed, bed-ridden, etc. as
recommended UNDER OATH BY a physician of the Bureau
of Corrections Hospital and certified under oath by a
physician designated by the Department of Health;
D. Alien inmates where diplomatic considerations and amity
among nations necessitates review; and
E. Such other similar or analogous circumstances whenever the
interest of justice will be served thereby. (as amended by OT-
11-02-12 dated Feb. 09, 2012
Section 4. Other Circumstances
 When none of the extraordinary circumstances

enumerated in Section 3 exist, the Board may
nonetheless review and/or recommend to the
President the grant of executive clemency to an
inmate provided the inmate meets the following
minimum requirements of imprisonment
A. FOR COMMUTATION OF SENTENCE,
THE INMATE SHOULD HAVE SERVED
 At least one-third (1/3) of the definite or aggregate

prison terms;
 At least one-half (1/2) of the minimum of the
indeterminate prison term or aggregate minimum
of the indeterminate prison terms;
 At least ten (10) years for inmates sentenced to
one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished
under Republic Act 7659 and other special laws
 At least thirteen (13) years for inmates whose
indeterminate and/or definite prison terms 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 inmates convicted of
heinous crimes/offenses as defined in Republic Act 7659
or other special laws, committed on or after January 1,
1994 and sentenced to one (1) reclusion perpetua or one
(1) life imprisonment;
 At least eighteen (18) years for inmates convicted and
sentenced to reclusion perpetua or life imprisonment for
violation Republic Act 6425, as amended, otherwise
known as ‘’The Dangerous Drugs Act of 1972’’ or Republic
Act 9165, also known as ‘’The Comprehensive Dangerous
Drugs Act of 2002’’; and kidnapping for ransom or violation
of the laws on terrorism, plunder and transnational crimes;
 At least twenty (20) years for inmates sentenced to
two (2) or more
 reclusion perpetua or life imprisonment even if their
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 twenty-five (25) years for inmates originally
sentenced to death penalty but which was
automatically reduced or commuted to reclusion
perpetua or life imprisonment. (as amended by
Board Resolution No. 24-4-10 dated April 13, 2010)
B. FOR CONDITIONAL PARDON, an
inmate should have served at least
one-half (1/2) of the maximum of
the original indeterminate and/or
definite prison term.(as amended
by Board Resolution No. 244 10
dated April 13, 2010)
COMPLIANCE WITH THE ABOVE-MENTIONED
PERIODS OF IMPRISONMENT SHALL BE
WITHOUT PREJUDICE TO THE RESULTS OF
PUBLICATION, COMMUNITY INTERVIEW, PRE-
EXECUTIVE CLEMENCY INVESTIGATION REPORT,
INSTITUTIONAL CONDUCT, NBI RECORDS CHECK,
PSYCHOLOGICAL TEST, NOTICES, COMMENTS
FROM THE VICTIM OR VICTIM’S RELATIVES,
COURT CERTIFICATIONS OF THE NON-
EXISTENCE OF ANY RECORD OF PENDING
APPEAL OR CASE, AND OTHER PERTINENT
DOCUMENTS AND FACTORS.
(as amended by Resolution No. OT-11-02-12 dated

Feb. 09, 2012)
Section 5. (Repealed by Board
Resolution No. 24-4-10 dated April
13, 2010)
Section 6. Petition for Absolute
Pardon
 The prisoner should have 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 4103, as
amended, as when the prisoner:
1. is seeking an appointive/elective public position or
reinstatement in the government service;
2. will take any government examination; or
3. is emigrating, provided the petitioner shall submit
an approved immigrant application.
FORM AND CONTENTS
OF PETITION
Section 7. Petition
 When a petition is filed by, or on behalf of, a
prisoner, the form of said petition shall substantially
comply with the form prescribed by the Board and
shall clearly show the following:
a. The prisoner’s biographic data

b. The details of conviction; and
c. The grounds upon which executive clemency is
sought
Section 8. Referral to
Government Agencies
 The Board may, in its discretion, refer a petition for
executive clemency to a Probation and Parole
Officer who shall submit within thirty (30) days from
receipt of referral a Report on the behavior,
character, antecedents, mental and physical
condition of the petitioner, and the results of the
National Bureau of Investigation records check.
 The Board shall refer matters pertaining to executive
clemency for comment and recommendation as follows:
 To the Commission on Elections, if it involves violations

of election laws, rules and regulations, as required by
Section 5, Article IX-C of the Constitution which
provides that no pardon, amnesty, parole, or suspension
of sentence for violation of election laws, rules and
regulations shall be granted by the President without the
favorable recommendation of the Commission of
Elections
 To the Department of Foreign Affairs, if the prisoner is
an alien.
Section 9. Transmittal of
Carpeta and Prison Record
 The Director or Warden concerned shall forward

the prison record and carpeta of prisoners who
may possibly qualify under Sections 3 and 4 for
evaluation/consideration by the Board and such
other records as may be requested by the latter.
Section 10. Notice to the
Offended Party
 In all cases when an inmate is being considered for
executive clemency, the Board shall notify the offended
party or, in the event the offended party is unavailable for
comment or otherwise cannot be located, the immediate
relatives of the offended party.
 Said persons shall be given thirty (30) days from notice
to comment on whether or not executive clemency may
be granted to an inmate. Provided that, in matters of
extreme urgency or when the interest of justice will be
served thereby, such notice may be waived or dispensed
with by the Board. In such case, the Board shall explain
the reason for the waiver of such notice in the Board
resolution recommending executive clemency.
Section 11. Publication of Names of
Those Being Considered for
Executive Clemency
 The Board shall cause the publication once in a

newspaper of national circulation the names of
inmates who are being considered for executive
clemency. Provided, however, that in cases of
those convicted of offenses punished with
reclusion Perpetua or life imprisonment by reason
of Republic Act no. 9346, publication shall be once
a week for three (3) consecutive weeks.
PROCEEDING OF THE
BOARD
Section 12. Board Deliberation
 Any matter pertaining to executive clemency,

including petition for executive clemency, shall be
decided by the Board only after deliberation during
a meeting where there is a quorum.
Section 13. Board Meetings
 The Board shall meet once a week, or oftener

upon call by the Chairman, to deliberate matters
pertaining to executive clemency.
Section 14. Quorum

constitute a quorum.
Section 15. Contents of Minutes
of Board Meeting
 The minutes of the meeting of the Board
shall show the votes of its individual
members and the reason(s) for voting for or
against recommending the grant of
executive clemency. Where at least
majority of the sitting members vote in favor
of recommending the grant of executive
clemency, the vote of any dissenting
members shall be reduced into writing and
shall form part of the records of the
proceedings of the Board.
Section 16. Opposition to Grant
of Executive Clemency
 When an opposition to the grant of executive

clemency is filed, the Board shall seriously
consider the same and may, in its discretion,
require the oppositior to submit supporting
evidence.
Section 17. Documents to be
Considered
 In determining whether to recommend to the
President the grant of executive clemency, the Board
shall consider all relevant documents, such as the
carpeta and prison record of the prisoner, the
mittimus or commitment order, prosecutor’s
information, the decision of the trial and appellate
courts, physician’s certification (if applicable),
recommendation of the Department of Foreign Affairs
pursuant to Sections 3(g) (if applicable) comments of
government agencies pursuant to Section 8 (if
applicable) and any opposition to the grant of
executive clemency.
Section 18. Board Recommendation,
Resolution and Certification
 At least majority of the sitting members of the

Board shall be necessary to recommend the grant
of executive clemency. Said recommendation shall
be contained in a resolution of the Board to be
submitted to the Office of the President, the form of
which shall be substantially as follows:
1. The Board discussed the matter concerning the grant
of executive clemency in favor of ( Name of prisoner
or prisoners ), with the following circumstances
a. ( A summary of the decision of the trial and appellate courts,
indicating the crime for which the prisoner was charged and
convicted and the date when his conviction became final; )
b. ( his personal circumstances; )
c. ( The place where he is serving his sentence and the date
when he commenced the same; and )
d. ( The actual time spent in prison [ does not include Good
Conduct and Time Allowance];
After due deliberation, the Board has found such circumstances

present in the case such that the strict application of the law will
result in manifest injustice, particularly (Explanation of what
circumstances are present)
Section 19. Supporting Documents
 The Board shall submit all relevant documents to the Office of the President
along with its resolution recommending the grant of executive clemency,
including the following documents:
 A summary in matrix form of the following information about the prisoner:
i. Name;
ii. Crime for which convicted;
iii. Penalty imposed;
iv. Actual time spent in prison (not including GCTA);
v. If recommended for commutation:
(a)Recommended commuted term;
(b)Time to be served without commutation;
(c) Time to be served with commutation;
vi. Statement whether:
(a)Convicted ( prior or subsequent to conviction of crime for
which executive clemency is sought ) for kidnap for ransom or
any drug-related offense;
(b)Previously granted executive clemency.
 The prisoner’s carpeta, prison record, and mittimus or
commitment order;
 Copy of notice of publication of names of those being
considered for executive clemency pursuant to section
11;
 Pertinent minutes of the Board meetings;
 Such other documents and certifications ( i.e.
physicians certification, and recommendation of the
Department of Foreign Affairs pertaining to foreigners
recommended for executive clemency ) in compliance
with sections 3, 4 and 8.
GUIDELINES AFTER
GRANT OF EXECUTIVE
CLEMENCY
Section 20. Implementation of President’s Grant
of Executive
Clemency
 FROM THE OFFICE OF THE PRESIDENT, THE

DOCUMENT EVIDENCING THE PRESIDENT’S
GRANT OF EXECUTIVE CLEMENCY SHALL BE
SENT TO THE PRISONER, THROUGH THE
DIRECTOR OF THE BUREAU OF
CORRECTIONS OR THE WARDEN OF THE
JAIL WHERE THE PRISONER IS CONFINED,
COPY FURNISHED THE BOARD.
Section 21. CERTIFICATE of Release
 In case of grant of pardon, THE DIRECTOR OR WARDEN SHALL, ON
DATE OF RELEASE:
1. READ TO THE PRISONER THE CONDITIONS OF PARDON
IN THE LANGUAGE OR DIALECT KNOWN TO HIM OR HER;
2. MAKE KNOWN TO THE PRISONER THE CONSEQUENCES
OF VIOLATING SUCH CONDITIONS; AND
3. REQUIRE THE PRISONER TO ACKNOWLEDGE
ACCEPTANCE OF SUCH CONDITIONS AS A PRE-
REQUISITE TO ACTUAL RELEASE. ONCE ACCEPTED, THE
DIRECTOR OR WARDEN SHALL ISSUE IN FAVOR OF THE
PRISONER A ‘CERTIFICATE OF DISCHARGE FROM
PRISON’, WHICH SHALL INCLUDE A RECITAL OF THE
CONDITIONS OF THE GRANT OF PARDON AND THE
CONSEQUENCES OF NON-COMPLIANCE THEREWITH, A
COPY OF WHICH SHALL BE FURNISHED THE BOARD.
Section 22. Monitoring of Compliance
With Conditions of Pardon
 Where the President grants conditional pardon to a
PARDONEE, the Board shall monitor the
PARDONEE’S compliance with the conditions
imposed for the duration of the period stated in the
document evidencing the President’s grant of
executive clemency. The Board shall also
determine whether said PARDONEE has complied
with or violated the conditions of his pardon.
 To assist the Board in monitoring compliance with
conditions imposed upon the PARDONEE, THE
Board shall place the PARDONEE under the
supervision of a Probation and Parole Officer.
(as amended by Board Resolution No. OT-11-02-

12 dated Feb. 09, 2012)
Section 23. Presentation to the
 Within the period prescribed in the document
evidencing the President’s grant of executive
clemency, the PARDONEE shall present himself to
the Probation and Parole Officer concerned. The
Probation and Parole Officer shall inform the Board
if the PARDONEE fails to report within fifteen (15)
days from date of his release from confinement.
(as amended by Board Resolution No. OT-11-02-12

dated Feb. 09, 2012)
Section 24. Arrival Report
 The Probation and Parole Officer shall submit his

Arrival Report to the Board, through the Technical
Service of the Parole and Probation Administration,
within fifteen (15) working days from the date when
the pardonee reported for supervision.
Section 25. Infraction and
Progress Report
 If PARDONEE violates any of the conditions of his
pardon or seriously deviates from the obligations
imposed under the supervision program or
otherwise commits another offense during the
period of his supervision, the Probation and Parole
Officer concerned shall immediately report the
same to the Board and shall periodically submit a
Progress Report as regards the case filed against
him.
dated Feb. 09,2012)
Section 26. Recommendation for
Arrest of PARDONEE for Violation
of Conditions of Pardon
 Upon the determination that a PARDONEE has

violated the conditions thereof, the Board shall
recommend to the President his arrest or
recommitment.

dated Feb. 09,2012)
Section 27. Summary Report
 Upon the expiration of the period stated in the document

evidencing the President’s grant of executive clemency, the
Probation and Parole Officer concerned shall submit to the
Board, through the Chief Probation and Parole Officer, a
Summary Report on his supervision of the PARDONEE.
(as amended by Board resolution No. OT-11-02-12 dated Feb.
09, 2012)
 The clearances from the police, court, prosecutor’s office and

barangay officials shall be attached to the Summary Report.
(as amended by Board Resolution No. OT-11-02-12 dated Feb.
09, 2012)
Section 28. Certificate of Final

shall, upon recommendation of the Chief Probation
and Parole Officer that the PARDONEE has
complied with all the conditions of his pardon,
issue a Certificate of Final Release and Discharge.

Section 29. Transmittal of Certificate
of Final Release and
Discharge
PARDONEE, the Probation and Parole Officer
concerned, through the Technical Service of the
Probation and Parole Administration, the Court
which imposed the sentence, the Bureau of
Corrections, the National Bureau of Investigation,
the Philippine National Police, and the Office of the
President.
dated Feb. 09,2012)
Section 30. Grant of Pardon to
an Alien
 An alien who is released on pardon shall be

referred by the Bureau of Corrections/Warden to
the Bureau of Immigration for disposition,
documentation and appropriate action.
Section 31. Death of PARDONEE
Under Supervision
 If a PARDONEE dies during the period of
supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of the
PARDONEE’S death certificate to the Board
recommending the closing of the case. However, in
the absence of a death certificate, an affidavit
narrating the circumstances of the fact of death
from the barangay chairman or any authorized
officer or any immediate relative where the
PARDONEE resided shall suffice.
REPEALING AND
EFFECTIVITY CLAUSES
Section 32. Repealing Clause
 The provisions pertaining to executive clemency of

The Rules and Regulations of the Board of
Pardons and Parole dated 20 December, 1989,
The Revised Rules and Regulations of the Board
of Pardons and Parole dated 26 November, 2002,
The General Guidelines for Recommending
Executive Clemency dated 26 June, 2003, and all
other existing rules, regulations and resolutions of
the Department of Justice and the Board which are
inconsistent herewith are hereby repealed or
amended accordingly
Section 33. Effectivity Clause
 These Amended Guidelines shall take effect upon
approval of the Secretary of Justice and fifteen
(15) days after its publication in a newspaper of
general circulation.
PROBATION
came from the Latin word “Probare” and “Probatio”
which means “ to prove” or “to test”. The term was
coined by John Augustus.
PROBATION
 Probation is another form of non-institutional
corrections practices that gives a sentenced
convict the chance to reform and rehabilitate
himself without having spend time in jails/prison.
PERIOD OF PROBATION
1. 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.
2. 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.
LEGAL DEFINITION OF
PROBATION
 Probation is a disposition under which a defendant,
after conviction and sentence, is released to the
supervision of a probation officer subject to
conditions imposed by the court.
ADVANTAGES OF PROBATION
 Probation is more advantageous that
imprisonment. In Probation, the person is spared
the degrading, embittering and disabling
experience of imprisonment, which might only
confirm them in criminal ways.
 The offender can continue to work in his place of
employment.
 Probation is less expensive which only one tenth
as costly as imprisonment.
 To extent that Probation is being used today about
60% of convicted offenders are given probation
this type of sentencing therefore, will greatly
relieve prison congestion.
DISQUALIFIED OFFENDERS ON
PROBATION
 (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.
PAROLE AND PROBATION
 PAROLE
 The administrative function of the executive branch of the
government.
 The offenders serves part of the sentence in prison before he is
release.
 An extension of institutional treatment
 Granted by the Board
 PROBATION
 A judicial function.
 The convicted offender does not need to go to prison at all.
 A substitute for imprisonment
 Granted by the Judge
 Both releases are conditional and subject to supervision to
a parole or probation officer.
PAROLE RELEASE
 The prisoner is released after he has served his

minimum or part of his sentence but before the
expiration of his full sentence.
MANDATORY OR CONDITIONAL
RELEASE
 The prisoner is released under conditions of parole

after he has served his full sentence minus his
“good time or “work time” credits.
PROBATION FOR YOUTH
OFFENDERS
Presidential Decree 603
 Known as the Child and youth Welfare Code which

suspends the sentences of minor offenders whose
ages range from nine (9) years to eighteen (!8) years
and places them in the Rehabilitation Centers under
the supervision or custody of the DSWD or released
on probation to custody of their parents or to any
responsible person under the supervision of the
DSWD.
 Presidential decree, 1179 and 1210 amended PD
603, to require an application for suspended
sentence before this privilege can be availed of.
 If the court find the youth guilty, the court will not
sentence the offender but shall suspend further
proceedings and commit the youth to the custody
of the DSWD, or any government training
institution.
 Suspended sentence, however, became automatic

with the passage of Republic Act 8369 otherwise
known as the Family Courts Act 1997.
RELEASE ON RECOGNIZANCE
 The offenders under custody can be released to a

responsible person in the community as provided
under Republic Act 6036
WHO MAY APPLY?
 Person charged with the violations of a municipal ordinance.
 Person charge with a light felony.
 Persons charged with a criminal offense, the prescribed

penalty of which is not higher than 6 months (arresto mayor)
or a fine of 2,000.00 or both)
WHEN TO APPLY?
 When the offender is committed to any BJMP jail.

WHERE TO APPLY?
 The Presiding Judge of the court.

RELEASE ON BAIL
 Bail is the security given for the release of the

person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance
before any court as required under the conditions
provided by the law on bail.
WHO MAY APPLY?
 A person in custody of law.
WHERE TO APPLY?
 Before or after conviction by the Metropolitan Trail
Court, Municipal Trial Court, MTC in cities and
Municipal Circuit Trial Court (MTCT)
 Before conviction by the Regional Trial Court of
an offense not punishable by death, reclusion
Perpetua or life imprisonment.
WHERE TO APPLY?
The court where case is pending. In the absence
or unavailability of the judge, another branch of the
same court within the province or city.
If the accused is arrested in the province, city or
municipality other than where the case is pending ,
any Regional Trial Court of said place. In the
absence or unavailability of the Judge, any
Metropolitan Trial Judge or Municipal Circuit Trial
Judge therein.
If not yet charged in court, any Court in the
province, city or municipality where the person in
custody is held.
PREVENTIVE IMPRISONMENT
Batas Pambansa Bilang 85 authorizes the release
of a detained offender who has undergone
preventive imprisonment equivalent to the
maximum imposable penalty for the offense
charge.
WHO MAY APPLY?
 Detention prisoner who is not a recidivist or who
was previously convicted twice or more times of
any crime.
 Detention prisoner who surrendered voluntarily
when upon being summoned for the execution of
sentence.
WHEN TO APPLY?
When the accused has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment of the offense
charged to which he may be sentenced and his
case is not yet terminated, he shall be released
immediately without prejudice to the continuation
of the trial or the proceeding on appeal, if the same
is under review.
 When the maximum penalty to which the accused

may be sentenced is destierro, he shall be
released after thirty (30) days of preventive
imprisonment.
WHERE TO APPLY?
Presiding Judge of the Court
CHILD AND YOUTH WELFARE CODE (PD603)
FAMILY COURTS ACT (RA8369)
The offender under custody can be released to a
responsible person in the community as provided
under Republic Act 6036. A youthful Offender (a
child, minor or youth) including one who is
emancipated in accordance with law, at the time of
the commission of the offense shall be EXEMPT
from criminal liability and shall be committed to the
care of his or her father or mother, or nearest
relative or family friend in the discretion of the court
and subject to its supervision.
WHO MAY APPLY?
 A child nine (9) years of age or under at the time

of the commission of the offense.
 A child over nine (9) years and under eighteen
(18) years of age at the time of the commission of
the offense, unless he acted with discernment.
WHEN TO APPLY?
 When the person is youthful offender at the time of

the commission of the offense.
WHERE TO APPLY?
The Court that suspended the sentence upon
recommendation by the Department of Social
Welfare and Development (DSWD) or other
agency or agencies authorized by the Court.
EXECUTIVE CLEMENCY
(Executive clemency refers to commutation of
Sentence. Absolute Pardon and Conditional
Pardon with or without parole conditions, as may
be granted by the President of the Philippines
upon the recommendation of the Board of Pardons
and Parole)
WHO MAY APPLY?
 A prisoner: not eligible for Parole
 Who has not been sentenced to another prisoner
term within one (1) year from the date of his last
recommitment to the jail or prison from where he
escaped;
Who has not violated any condition of his
discharge on parole or conditional pardon;
 Who is not suffering from a mental illness or
disorders certified by a government psychiatrist;
WHEN TO APPLY?
 Commutation of sentence - once the prisoner
has served at least 1/3 of the minimum of his
indeterminate sentence;
 Conditional Pardon - once the prisoner has
served ½ of the minimum of his indeterminate
sentence,
 Absolute Pardon - Ten (10) years must have
elapsed from the date of petitioner's release from
confinement, or five (5) years from the expiration of
his maximum sentence, whichever is more
beneficial to him.
WHERE TO APPLY?
 The President of the Philippines, through the

Chairman, Board of Pardons and Parole, Manila
PAROLE
 Act 4103, as amended, authorizes the Board of
Pardon and parole to grant parole to a prisoner
who has served the minimum sentence of his
indeterminate prison term. (Parole is a conditional
release from prison of a prisoner who has served
part of his sentence, allowing the prisoner to
complete his term of punishment outside the prison
if he satisfactorily complies with the terms of the
Parole)
WHO MAY APPLY?
A convicted offender: not convicted of offense

punished with death penalty or life imprisonment;
Not convicted of treason, conspiracy or proposal
to commit treason;
Not convicted of misprision or treason, rebellion,
sedition or espionage;
 Not convicted of piracy;
 Not a habitual delinquent,
Not having escaped from confinement or evaded
sentence;
Not granted conditional pardon by the Chief and
has not violated the terms thereof;
Whose maximum term of imprisonment exceeds
one (1) Executive year or those with a definite
sentence; Not suffering from mental disorder;
Whose conviction has become final and
executory; With no pending case/s
PROBATION LAW
This law established on January 24, 1976 by then
President Ferdinand E. Marcos.
PROBATION LAW (PD 968)
 An accused, after conviction and sentence is
released subject to conditions imposed by the
court and to the supervision of a parole and
Probation Officer. (Probation is a disposition under
which the defendant, after conviction and
sentence, is released subject to conditions.
imposed by the Court and to the supervision of a
Probation Officer).
WHO MAY APPLY?
 A convicted offender.
 Sentenced to serve a maximum term of imprisonment of
not more than sis (6) years
 Not convicted of subversion, or any crime against
national security or public order
 Not previously convicted by final judgment of an offense
punished by imprisonment of not less than one (1) month
and one (1) day and/or fine of not less than P200.00
 Not having been on Probation under the provisions of PD
968
 Who is yet to serve his sentence at the time the
substantive provisions of PD 968 became applicable.
WHEN TO APPLY?
 After conviction and sentence, a convicted
offender or his counsel may file a petition for
Probation.
WHERE TO APPLY?
 The Presiding Judge of the court.
EXECUTIVE CLEMENCY
 (Executive Clemency refers to Commutation of
Sentence, Absolute Pardon and Conditional
Pardon, with or without parole conditions, as may
be granted by the President of the Philippines
upon the recommendation of the Board of Pardons
and Parole.
WHO MAY APPLY
 A Prisoner.
 not eligible for parole
 who has not been sentenced to another prison term
within one (1) year from the date of his last
recommitment to the jail or prison from where he
escaped
 who has not violated any condition of his discharge
on parole or conditional pardon
 who is not suffering from mental illness or disorder
as certified by a government psychiatrist
WHEN TO APPLY?
 Commutation of sentence - once the prisoner
has served at least 1/3 of the minimum of his
indeterminate sentence.
 Conditional pardon - once the prisoner has
served ½ of the minimum of his indeterminate
sentence
 Absolute pardon - 10 years must have
elapsed from the date of petitioner's release
from confinement, or 5 years from the expiration
of his maximum sentence, whenever is more
beneficial to him.
WHERE TO APPLY?
The President of the Philippines, through the
Chairman, Board of Pardons and Parole, Manila
CHAPTER 2
PRESIDENTIAL DECREE NO.
968
ESTABLISHING A PROBATION
SYSTEM, APPROPRIATING
FUNDS THEREFOR AND FOR
OTHER PURPOSES.
SEC. 1. Title and Scope of the
Decree
 this decree shall be known as the probation law of
1976. it shall apply to all offenders except those
entitled to the benefits under the provisions of the
presidential Decree Numbered Six Hundred and
Three and similar laws.
SEC. 2. Purpose
 This decree shall be interpreted so as to:
a. promote the correction and rehabilitation of an
offender by providing him with individualized
treatment
b. provide an opportunity for the reformation of a
penitent offender which might be less probable
if he were to serve a prison sentence
c. prevent the commission of offenses.
SEC. 3. Meaning of Terms
a. "Probation" is a disposition, under which
defendant, after conviction and sentence, is
released subject to condition imposed by the
court and to supervision of a probation officer
b. "Probationer" means a person placed on
probation
c. "Probation Officer" means one, who
investigates for the court a referral for probation
or supervises a probationer or both
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, 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 provided, That, no application for
probation shall be entertained or granted if the
dependant has perfected an appeal from the
judgment of conviction.
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.
SEC. 6. Form of Investigation
Report.
 The Investigation report to be submitted by the
probation officer under Section 5 hereof shall be in
the form prescribed by the Probation Administrator
and approved by the Secretary of Justice
SEC. 7. Period for Submission of
Investigation Report.
 The probation officer shall submit to the court the
investigation report on a defendant not later than
sixty days from receipt of the order of said court to
conduct the investigation. The court shall resolve
the application for probation not later than fifteen
days after receipt of said report.
SEC. 8. Criteria for Placing an
Offender on Probation.
 In determining whether an offender may be placed
on probation, the courts 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.
 a) the offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution;
 (b) there is an undue risk that during the period of

probation, the offender will commit another
 (c) probation will depreciate the seriousness of the

offense committed. crime,
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 subversion or any crime against national
security or the public order;
(c) who have previously been convicted by final judgment of
an offense punished by imprisonment not less than one
month and one day and/or fine d not less than Two
Hundred Pesos (P200.00);
(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 Sec. 33 hereof.
SEC 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 t undertake his supervision at such
place as may be specified in the order within
seventy two (72) 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:
A. cooperate with a program of supervision;
B. meet his family responsibilities;
C. devote himself to 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 the probation officer or an authorized social worker to
visit his home and place of work;
J. reside at premises approved by it and not to change his
residence without its prior written approval; or
K. satisfy any other conditions related to the rehabilitation of
the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience
SEC. 11. Effectivity of Probation
Order.
 a probation der shall take effect upon its issuance,
at which time the court all inform the offender of
the consequence thereat and explain it 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.
Modification of Conditions of
Probation.
 During the period of probation, the court may, upon
application of either the probationer or the
probation officer, revise or n the conditions or
period of probation. The court shall notify either the
probationer or the probation officer of the filing of
such an application so as to give both parties an
opportunity to be heard thereon.
SEC. 13. Control and
Supervision of Probationer.
 The probationer and his probation program shall
be under the control of the court that placed him on
probation subject to actual supervision and
visitation by a probation officer.
SEC. 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 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
SEC. 15. Arrest of Probationers:
Subsequent Disposition.
 At any time during probation, the court may issue a
warrant for the arrest of a probationer for any
serious violation of the conditions of probation, the
probationer, once arrested and detained, shall
immediately be brought before the court for a
hearing of the violation charged. The defendant
may be admitted to bail pending such hearing. In
such case, the provisions regarding release on bail
of persons charged with a crime shall be
applicable to probationers arrested under this
provision.
SEC. 16. Termination of
Probation
 After the period o 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 terms and conditions of his probation
and thereupon, the case is deemed terminated.
 The final discharge of the probationer shall operate
restore to him all civil rights lost or suspended 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.
 The final discharge of the probationer shall operate
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.
SEC. 17. Confidentiality of
Records
 The Investigation Reports and the supervision
history of a probationer obtained under this Decree
shall be privileged and shall not be disclosed
directly and indirectly to anyone other than the
Probation Administration or the court concerned,
except that the court, in its discretion, may permit
the probationer or his attorney to inspect the
aforementioned documents or parts.
SEC. 18. The Probation
Administration
 There is hereby created under the Department of
Justice an agency to be known as the Probation
Administration herein referred to as the
Administration, which shall exercise general
supervision over al probationers.
 The Administration shall have such staff, operating
units and personnel as may be necessary for the
proper execution of its functions.
SEC. 19. Probation
Administrator.
 The Administration shall be headed by the
Probation Administrator, hereinafter referred to as
the Administrator, who shall be appointed by the
President of the Philippines. He shall hold office
having good behavior and shall not be removed
except for cause.
His powers and duties shall be to:
a) act as the executive officer of the administration;
b) exercise supervision and control over all probation officers
c) make annual reports to the Secretary of Justice in such form
as the latter may prescribe, concerning the probation,
administration and improvement of the probation system
d) promulgate subject to the approval of the Secretary of Justice,
the necessary rules relative to the methods and procedures of
the probation process
e) recommend to the Secretary of Justice the appointment of the
subordinate personnel of his administration and other offices
established in this decree
f) perform such duties and exercise such power as may be
necessary or incidental to achieve the objectives of this
Decree.
SEC. 20. Assistant Probation
Administrator
 There shall be an Assistant Probation
Administrator who shall assist the Administrator
and perform such duties as may be assigned to
him by the latter and as may be provided by law. In
the absence of the Administrator, he shall act as
head of the Administration.
 He shall be appointed by the President of the
Philippines.
SEC. 21. Qualifications of the Administrator
and Assistant Probation Administrator.
 To be eligible for appointment as Administrator or
Assistant Probation Administrator, a person must
be at least thirty-five (35) years of age holder of a
master's degree or its equivalent in either
sociology, public administration, law, police
science, police administration or relative fields, and
should have at least five years of supervisory
experience, or be a member of the Philippine Bar
with at least seven years of supervisory
experience.
SEC. 22. Regional Office;
Regional Probation Officer
 The Administration shall have Regional Offices organized in
accordance with the field service area pattern established under the
Integrated Reorganization Plan.
 Such regional offices shall be headed by a Regional Probation
Officer who shall be appointed by the President of the Philippines in
accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
 The Regional Probation Officer shall exercise supervision and
control over all probation officers within his jurisdiction and
Administrator may assign such duties as to him. He shall have an
annual salary of at least twenty four thousand pesos.
 He shall, whenever necessary, be assisted by an Assistant Regional
Probation Officer who shall also be appointed by the President of the
Philippines upon recommendation of the Secretary of Justice with an
annual salary of at least twenty four thousand pesos.
SEC. 23. Provincial and City
Probation Officers
 There shall be at least one probation officer in
each province and city
 The Provincial or City Probation Officer shall receive an annual
salary of eighteen thousand four hundred pesos.
a. investigate all persons referred to him for investigation by the
proper court or the Administration
b. instruct all probationer under his supervision or that of the
probation aide on the terms and conditions of their probation
c. keep himself informed of the conduct and conditions of the
probationers under his charge and use all suitable methods to
bring about an improvement in their conduct and condition
d. maintain a detailed report of his work, and submit such written
reports as may be required by the Administration or the court
having jurisdiction over the probationer under his supervision
e. prepare a list of qualified residents of the province or city where
he is assigned who are willing to act as probation aides
f. supervise the training of probation aides and oversee the latter's
supervision of probationers
g. exercise supervision and control over all field assistants,
probation aides and other personnel
h. perform such duties as may be assigned by the Court or the
Administration.
EC. 24. Miscellaneous Powers of
Provincial and City Probation Officers
 Provincial or City Probation Officers shall have the
authority within their territorial jurisdiction to
administer oaths and acknowledgments and to
take depositions in connection with their duties and
functions under this Decree. They shall also have,
with respect to probationers under their care, the
powers of a police office.
SEC. 25. Qualifications of Regional,
Assistant Regional, Provincial and
City Probation Officers
 No person shall be appointed Regional or Assistant Regional,
Provincial or City Probation Officers unless he possesses at
least a Bachelor's Degree with a major in Social Work
Sociology, Psychology, Criminology, Penology, Corrections,
Police Science, Police Administration, related fields and has at
least three (3) years of experience in work requiring any of the
above-mentioned disciplines or is a member of the Philippine
Bar with at least three (3) years of supervisor experience.
 Whenever practicable, the Provincial or City Probation Officer
shall be appointed from among qualified residents of the
Province or City where he will be assigned to work.
SEC. 26. Organization
 Within twelve (12) months from the approval of this
Decree, the Secretary of Justice shall organize the
administrative structure of the Administration and
the other agencies created herein.
 During said period, he shall also determine the
staffing patterns of the Regional, Provincial, and
City Probation Offices with the end in view of
achieving maximum efficiency and economy in the
operations of the probation system.
SEC. 27. Field Assistants,
Subordinate Personnel
 Provincial or City Probation Officers shall be
assisted by such field assistants and subordinate
personnel as may be necessary to enable them to
carry out their duties effectively.
SEC. 28. Probation Aides
 To assist the Provincial or City Probation Officer in
the supervision of probationers the Probation
Administration shall 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.
SEC. 29. Violation of Confidential
Nature of Probation Records.
 The penalty of imprisonment ranging from six months and

one day to six years and a fine ranging from Six Hundred
(P600) to Six Thousand Pesos (P6,000.00) shall be imposed
upon any person who violates Section 17 thereof.
 The Implementing Rules and Regulations covering the
implementation of this Probation Law, Memorandum Order
No. 15 series of 99 dated August 11, 1999 was issued by the
Secretary of Justice.
PAROLE AND PROBATION
ADMINISTRATION OMNIBUS
RULES ON PROBATION
METHODS AND PROCEDURES
Section 1. Title
 These Rules shall be known cited as the "Parole and
Probation Administration Omnibus Rules and on Probation
Methods and Procedures" or for brevity, "Probation Rules" or
simply "Rules".
Section 2 Policy Objectives and
Declared Purposes
A. To promote the correction and rehabilitation of an
offender by providing him with individualized
community based treatment.
B. To provide an opportunity for his reformation and
re-integration into the community.
C. To prevent the commission of offenses.
Section 3. Liberal Construction
 These Rules shall be liberally construed so as to
successfully, efficiently, and effectively implement, carry
out and effectuate the social justice spirit, intent and
rationale or, summarily, the "spirit and intent" of the
Probation Law, and the pertinent provisions of the
Administrative Code of 1987, and the policy objectives
and declared purposes of these Rules, in line with the
well-settled social justice orientation of the 1987
Constitution.
 In the event of doubt, or conflict, the spirit and intent of
the Probation Law and these Rules shall prevail over the
letter or literal provisions thereof, considering that they
partake of social legislation and are special laws in
nature or character.
Section 4. Definition of terms
 Probation - a disposition under which a defendant, after

conviction and sentence, is released subject to conditions
imposed by the Trial Court and to the supervision of a
Probation Officer.
 Petitioner - a convicted defendant who files an application
for probation.
 Probationer - a person who is placed under probation
 Probation Officer - public officer like the Chief Probation
and Parole Officer (CPPO), Supervising Probation and
Parole Officer (SPPO), Senior Probation and Parole Officer
(SrPPO), Parole and Probation Officer II (PPOII), or Parole
and Probation Officer 1 (PPOI), who investigates for the
Trial Court a referral for probation or supervises a
probationer or does both functions and performs other
necessary and related duties and functions as directed
 Trial Court - refers to the Regional Trial Court (RTC) of the
province or city/municipal court which has jurisdiction over
the case
 Probation Office - refers either to the Provincial or City
Probation Office directed to conduct investigation or
supervision referrals as the case may be
 Probation Order - order of the Trial Court granting
probation.
Section 5. Amicus Curiae
 Upon written invitation by the Trial Court the
Administrator and/or Deputy Administrator, for the
Agency Level, Regional Director, for the Regional Level,
Chief Probation and Parole Officer, for the City or
Provincial Level may appear as amicus curiae on any
probation investigation and supervision issue, concern
or matter.
Section 6. Filing
 Application for probation shall be filed with the Trial
Court, which has jurisdiction over the case.
Section 7. Time for Filing
 The applicant shall file his application with the Trial
Court at any time after conviction and sentence but
within the period for perfecting his appeal as
provided by the Rules of Court.
Section 8. Form
 The application for probation shall be in the form
approved by the Secretary of Justice as
recommended by the Administrator or as may be
prescribed by the Supreme Court Official
application form or Xerox copy of the same may be
obtained or secured from any city or provincial
parole and probation office for free.
Section 9. Notice to the Prosecuting
Officer of the Filing of the Applicant
 The Trial Court may notify the concerned
prosecuting officer of the filing of the applicant at a
reasonable time it deems necessary, before the
scheduled hearing thereof.
Section 10. Comment
 The Prosecuting Officer may submit his
comment(s), if any, on the application within
reasonable time given to him by the Trial Court
from his receipt of the notice to comment.
Section 11. Referral to Proper
Probation Office
 If the Trial Court finds that the application is in due
form and the applicant appears to be qualified for the
grant of probation, it shall order the city or provincial
Parole and Probation Office within its jurisdiction to
conduct a Post-Sentence Investigation (PSI) on the
applicant and submit the Post-Sentence Investigation
Report (PSIR), within sixty (60) days from receipt of
the order of said court to conduct such investigation
with findings and recommendations as stated in PD
968, as amended.
Section 12. Docket Book
 All court orders for PSI, copies of which were received
by the Probation Office, shall be numbered
consecutively in the order received by said Office and
recorded in its Docket Book for the purpose indicating
therein, among others, the date of receipt thereof,
court, its branch and address, applicant's name,
criminal case no., description/designation of the
offense, penalty imposed, and other related data and
information. Corollary to this, the Trial Court may direct
the applicant to report to the proper probation office
within seventy-two (72) hours from his receipt of such
order.
Section 13. Effect of Filing and
Receipt
a. The Trial Court may, upon receipt of the application
filed, suspend the execution of the sentence imposed
on the judgment.
b. Pending the submission of the PSIR (PPA Form 3) and
the Resolution on the application, the applicant may be
allowed on temporary liberty under his bail filed in the
criminal case: Provided, That, in case where no bail
was filed or the applicant is incapable of filing one, the
trial court may allow the release of the applicant on
recognizance to the custody of a responsible member
of the community who shall guarantee his appearance
whenever required by the trial court.
Section 14. Assignment
 After receipt from the Trial Court, the City or
Provincial Parole and Probation Office concerned,
through the CPPO shall assign the same to the
office clerk for docketing and eventual assignment
to a subordinate investigating Probation Officer for
the conduct of the PSI or conduct such
investigation himself
Section 15. Initial Interview Work Sheet:
Waiver
A. Within five (5) working days from receipt of said delegated
assignment (or self-assignment), the investigating Probation Officer
on case (or Chief Probation and Parole Officer) shall initially interview
the applicant if he appeared in the Probation Office upon response to
the seventy-two (72) hours limitation given to him by the Trial Court. If
not, the Probation Officer on case may write the applicant in his court
given address or personally visit applicant's place to schedule an
initial interview at the Probation Office.
B. During such initial interview, the Probation Officer on case or CPPO
shall require the applicant to accomplish and sign a Post-Sentence
Investigation Work Sheet (PPA Form 1). The Investigating Probation
Officer on case or CPPO shall conduct further investigation based on
the information contained therein.
C. A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA
and/or Probation Office to secure any and all information on the
applicant, shall be duly executed and signed by him
Section 16. Scope and Extent
 After accomplishing the - Post-Sentence
Investigation Work Sheet and the Waiver-Cum-
Authorization, the same shall be immediately
submitted to the Probation Office. The investigating
Probation Officer on case or CPPO shall conduct a
thorough investigation on the antecedents, mental
and physical condition, character, socio-economic
status, and criminal records, if any of the applicant
and the institutional and community resources for
his rehabilitation.
Section 17. Collateral Information
 During the conduct of the PSI, collateral

information must be gathered from those persons
who have direct personal knowledge to the
applicant, offender party, family member, and/or
their relatives, including barangay officials or
disinterested persons.
Section 18. Subsequent or
Further Interview
 To obtain additional data, countercheck or clarify
discrepancy (ies) between the information received
from the applicant and those secured from other
sources, the investigating Probation Officer on
case or CPPO may conduct subsequent or further
interviews on the applicant and/or other persons as
deemed appropriate.
Section 19 Nature of Interview
 The data and information gathered from the
interview of the applicant and/or other persons and
from other collateral informants, as well as law
enforcement agencies, shall be strictly privileged
and confidential in nature
 During such interview and information-gathering,
processes, the applicant does not necessarily
need to be represented and assisted by counsel
Section 20. Confidentiality of Post-
Sentence Investigation Information
 The investigating Probation and Parole Officer on
case or CPPO shall inform the applicant of the
confidential nature of the information taken during
the PSI and the limited scope and extent, whereby
said information, may be disclosed to some
statutorily designated authorities and entities
pursuant to Section 17 of PD 968, as amended,
and Section 64 of these Rules.
Section 21. Absconding Applicant
 If the applicant whose application for probation has
been given due course by the proper court has
failed to present himself/herself to the proper
Office within seventy-two (72) hours from his/her
receipt of the Probation Order or within reasonable
time there from, said Office shall first exert best
diligent efforts to inquire on, search, find and locate
his/her whereabouts before it shall report such fact
with appropriate recommendation to the proper
court, considering its surrounding circumstances of
place, date and time, his/her health condition and
other related factors.
IV. POST- SENTENCE INVESTIGATION
REPORT
Section 22. Submission
 After the completion of the PSIR (PPA Form 3),

the Probation office shall submit such PSIR to the
Trial Court within the period prescribed in Section 7
of the Probation Law of 1976 as amended or within
the period ordered by the Trial Court
Section 23. Purpose
 The PSIR aims to enable the Trial Court to

determine whether or not the ends of justice and
the best interest of the public primarily, as well of
the applicant.
Section 24. Contents
 (a) The PSIR shall contain, among others, the
following:
I. Circumstances surrounding the crime or offense for which the
applicant was convicted and sentenced, taken from the applicant
himself, offended party and others, who might have knowledge of the
commission of the crime or offense, or pertinent information taken
from the police and other law enforcement agencies, if any, and Trial
Court records;
II. Details or other criminals records, if any;
III. Personal circumstances, educational, economic-socio civic data and
information about the applicant;
IV. Characteristics of applicant, employable skills, employments history,
collateral information;
V. Evaluation and analysis of the applicant’s suitability and legal
capacity for probation and his development, transformation and re-
integration into the community;
VI. Recommendation to: (A) grant the application, including probation
period, probation conditions and probation treatment and supervision
plan / programs: or (B) deny the application;
Section 24. Contents
VII. Data and information on the applicant’s financial condition and

capacity to pay, his civil liability, if any;
VIII. Results of findings of drug psychological and clinical tests

conducted, if any;
IX. Results of criminal records, if any, whether decided or still

pending furnished by various law enforcement agencies tapped by
the Probation Office for such purpose;
X. Results of courtesy investigation, whether GCI/FBCI or PGCI (see

Sec. 27 of these Rules), if any, conducted the birthplace or place or
origin of applicant especially if he plan to reside thereat while on
probation, if ever his application will be granted; and
XI. Other analogs and related matters.

 (b.) to obtain additional data or clarify
discrepancies between the information received
from the applicant and those secured from other
sources, the investigating Probation Officer and /
or Chief Parole and Probation Officer may
conduct such subsequent or further interviews on
the applicant and / or other persons as may be
deemed proper and necessary.
Section 25. Natural of Recommendation
 The entire PSIR submitted to the Trial Court is

recommendatory in nature and the final
recommendation continued on the last page of the
PSIR is persuasive in character addressed to the
sound discretion of the Trial Court considering
that the denial or grant of probation is a judicial
function.
Section 26. Signatories
 The PSIR shall, as a rule, be prepared by the

investigating Probation Officer on case and
approved by the CPPO. Both shall initial each and
all the pages thereof, except the last page on
which they shall affix their respective signatures.
V. FULL BLOWN COURTESY INVESTIGATION
AND TRANSFER OF CONDUCT OR
REFERRAL INVESTIGATION
Section 27. Its Nature and Coverage. – Full Blown Courtesy Invetigation
(FBCI) is a General Courtesy Investigation (GCI) from another city or
provincial parole and probation office, which request for a complete PSIR on a
petition for probation pending referral investigation in the Probation Office of
origin.
It shall take place when upon initial investigation it is gathered that:
(a) Applicant for probation is a transient offender in the place of commission of

the crime and/or a permanent resident of another place;
(b) He spent his pre-adolescent and/or adolescent life in the province or city
or origin;
(c) He attended and/ or finished his education thereat; and disinterested
persons and officials who can best authenticate the inter-family
relationship, upbringing, behavior of the applicant for probation in the
community are residents of the place of his origin.
Section 28. Transfer of Referral Invetigation
 When proper under the immediately preceding
section and warranted under the circumstances, a
FBCI, may be brought to the attention of the Trail
Court to transfer the conduct of the referral
investigation to the Probation Office of the
province or city of origin of applicant for probation
Section 29. Transfer to the Executive
Judge
 In case of the suitability for probation of the
applicant for probation, it shall be recommended
in the PSIR by the Probation Office, that
simultaneous with the grant of probation, the
control over the applicant and his probation
rehabilitation program be transferred to the
Honorable Executive Judge of the RTC of the
province or City of origin subject to the actual
visitation and supervision of Probation Office of
said province or city.
Section 30. General Courtesy
Investigation
 All other General Courtesy Investigation (GCI)
mentioned in the three (3) preceding sections not
falling within the purview of a FBCI to be
conducted by another Probation Office shall be
known as Partial Courtesy Investigation (PCI)
which should no longer be brought to the attention
of the Trail Court for the transfer of the conduct of
the referral investigation as mentioned in Secton
27 of these Rules.
 To facilitate immediate and thorough investigation
of cases, and to save time, effort and money on
the part of the investigating SPPOs, SrPPOs,
PPOs I, the GCI which is usually undertaken
outside the area of a Probation office’s jurisdiction
(i.e. from Manila to Valenzuela, from Manila to
Quezon City, from Manila to Marikina, etc. and
vice versa) shall henceforth be resorted to,
considering the monstrous traffic nowadays.
VI. PROBATION ORDER
Section 31. General Courtesy
Investigation
 Section 31. Period to Resolve the
Application for Probation. – The application
for probation shall be resolved by the Trail
Court not later than fifteen (15) days from
the date of its receipt of the PSIR.
Section 32. Nature of Probation: Effect of the
Grant to Probation
A. Probation is but a mere privilege and as such, its
grant or denial rests solely upon the sound of
discretion of the Trial Court. After its grant it
becomes a statutory right and it shall only be
cancelled or revoked for cause and after due
notice and hearing.
B. The grant of probation has the effect of
suspending the execution of sentence. The Trail
Court shall order the release of the probationer’s
cash or property bond upon which he was
allowed temporary liberty as well as release
under which he was placed on probation.
Section 33. Effective of Probation Order
 A probation order shall take effect upon its
issuance at which time the court shall inform the
offender of the consequences thereat and explain
that upon his failure to comply with any of the
conditions prescribed in the said order or his
commission of another offence under which he
was placed on probation
 Upon receipt of the Probation Order granting
probation the same shall be entered in a Docket
Book for proper recording.
 An order of dental shall be dicketed as well.
Section 34. Finality
 The Order of the court granting or denying

probation shall not be appealable
Section 35. Mandatory Conditions
 A Probation order shall require the probationer:

to present himself to the Probation Office for
supervision within 72 hours from receipt of said
order; and to report to the assign SPPO, SrPPO,
PPO II, PPO I, on case at least once a month during
the period of probation at such time and place as
may be specified by the Probation Office.
Section 36. Other Conditions
 The Probation order may also require the probationer, in
appropriate cases, to;
(a) Cooperate with his program of probation treatment and
supervision;
(b) Meet his family responsibility;
(c) Devote himself to a specific employment and not to
change said employment without prior written approval
of the CPPO;
(d) Undergo medical, or psychological, or clinic, or drug or
psychiatric examinations and treatment and remain in a
specified institution, when required for that purpose;
(e) Comply with a program of payment of civil liability of the
offender party or his heirs, when required by the Trail
Court of as embodied in its decision or resolution;
f) Attend or reside in a facility established for instruction, schedule or
residence of persons on probation;
g) Refrain from visiting houses of ill-repute
h) Abstain from drinking intoxicating beverage to excess;
i) permit the Supervising Probation Officer on case or authorized
social workers to visit his home and place of work;
j) reside at premises approved by the Trial Court and not to change
his residence without prior written approval of said court; and/or
k) satisfy any other conditions related to his rehabilitation into a
useful citizen, which is not unduly restrictive of his liberty or
incompatible with his freedom of conscience.
Section 37. Indemnification
 Payment for civil liability shall be done
using the following modes:
A. Payment can be given to the Clerk of
Court of the Trial Court, who will in
return hand over the sum to the victim
who shall issue a corresponding receipt;
a copy of which should be given by the
probationer to the Probation Office in
order to monitor such payment;
B. Payment may be deposited by the
probationer to the victim's account where
the bankbook is kept at the Probation
Office to be given to the victim for his
proper disposition;
C. Payment can be effected directly to the

victim and the receipt must be filed in the
supervision record of the probationer kept
at the Probation Office.
Further, that the practice of giving the payment to the
Supervising Probation Office on case (or the CPPO) to be
remitted to the victim, although with receipts should be
highly discouraged and discontinued out rightly.
VIII. SUPERVISION OF
PROBATIONERS
Section 38. Purpose. The primary purposes of probation
supervision are:
(a) to ensure the probationer's compliance with the
probation conditions specified in the Probation Order
and the prescribed probation treatment and supervision
program/plan;
(b) to manage the process of the probationer's
rehabilitation and re-integration into the community;
and
(c) to provide guidance for the probationer's
transformation and development into a useful citizen
for his eventual reintegration to the mainstream of
society.
Section 39. Commencement of
Supervision Service
 For purposes of these Rules, supervision service shall

commence on the day of initial interview or reporting of a
probationer. Such facts shall be duly noted in the case
notes of the client.
Section 40. Initial Report.
 (a) Upon the probationer's appearance for his initial
supervision, the Supervising Probation Officer on case or
CPPO himself shall
I. give instruction to the client using PPA Form 4 in order to

reinforce probationer's awareness of the probation
conditions specified in the Probation Order in a language or
dialect understood by him;
II. formulate with the client, the supervision
III. treatment plan; and ii carry out other related activities.
 (b) Upon receipt of a copy of PPA Form No. 4, and a copy of

the Probation Order on a particular probationer and Probation
Office through the CPPO shall immediately assign the
probation supervision case to his subordinate Probation
In the event that the probationer does not report for
initial supervision within the prescribed period after the
Probation Order has been released by the Trial Court, or
his whereabouts a unknown, the Probation Officer shall
exert his best efforts to find said probationer and
conduct such field inquiry as is necessary within a
reasonable period of time, before considering the fact
that the subject has absconded amounting to a violation
of a probation condition, requiring the preparation and
submission of a Violation Report (PPA Form to the Trial
Court.
Section 41. Outside Travel.
A. A Probation Officer may authorize a probationer to travel outside
his area of operational/territorial jurisdiction for a period of more
than (10) days but not exceeding thirty (30) days.
B. A Probationer who seeks to travel up to thirty (30) days) outside
the operational/territorial jurisdiction of the Probation Office shall
file at least five (5) days before the intended travel schedule a
Request for Outside Travel (PPA Form 7) with said Office
properly recommended by the Supervising Probation Officer on
case and approved by the CPPO.
C. If the requested outside travel is for more than thirty (30) days,
said request shall be recommended by the CPPO and submitted
to the Trial Court for approval.
D. Outside travel for a cumulative duration of more than thirty (30)
days within a period of six (6) months shall be considered as a
courtesy supervision.
Section 42. Change of Residence:
Transfer of Supervision.
A. A Probationer may file a Request for Change of Residence (PPA
Form 24) with the City or Provincial Parole and Probation Office,
citing the reason (s) therefore this request shall be submitted by the
Supervising Probation Office for the approval of the Trial Court.
B. In the event of such approval, the supervision and control over the
probationer shall be transferred to the concerned Executive Judge of
the RTC, having jurisdiction and control over said probationer, and
under the supervision of the City or Provincial Parole and Probation
Office in the place to which he transferred.
Thereafter, the Executive Judge of the RTC to whom jurisdiction
over the probationer is transferred shall have jurisdiction and control with
respect to him, which was previously possessed, by the court, which
granted probation.
 (c) The receiving city or provincial parole and probation
office and the receiving court shall be duly furnished
each with copies of the pertinent probation order. PSIR
(PPA Form 3), and other investigation and supervision
records by the sending probation office for purposes
and in aid of continuing effective probation supervision
treatment over said probationer. Section 43. Absconding
Probationer. - A probationer who has not reported for
initial supervision within the prescribed period and/or
whose whereabouts could not be found, located or
determined despite best diligent efforts within
reasonable period of time shall be declared by the
proper office as an absconding probationer.
Section 43. Absconding Probationer
 A probationer who has not reported for initial supervision
within the prescribed period and/or whose whereabouts
could not be found, located or determined despite best
diligent efforts within reasonable period of time shall be
declared by the proper office as an absconding
probationer.
 Thereafter said office shall file with the proper court a

Violation Report (PPA Form , containing its
recommendation, duly prepared and signed by the
Supervising Parole and Probation Officer and duly noted
by the Chief Parole and Probation Officer.
Section 44. Modification or Revision
of Probation Conditions
 (a) During the probation supervision period, the Trial

Court may motu propio or upon motion by the city or
provincial parole and probation office or by the
probationer or his lawyer.
Section 45. EFFECTIVE AND FINALITY OF
MODIFIED OR RECEIVED PROBATION
ORDER
 The trial court may modified or revise the probation

order, which shall become effective and final upon its
promulgating and receipt thereof by the probationer,
unless specified otherwise by said order.
IX.VIOLATION OF
PROBATION
CONDITION
Section 46. Concept.
 A probationer's specific act and/or omission(s)

constitutive of a violation of a probation condition(s) set
forth in the original, modified or revised probation order
shall be reported to the Trial Court taking into account
the totality of the fact and surrounding circumstances
and all possible areas of consideration.
Fact-Finding Investigation
 Section 47.Based on reasonable cause reported by a
reliable informant or on his own findings, the SPPO,
SrPPO, PPO II, PPO I concerned or the CPPO himself
shall conduct or require the Supervising Probation Officer
on case to immediately conduct a fact-finding
investigation on any alleged or reported violation of
probation condition(s) to determine the veracity and
truthfulness of the allegation.
Report: Violation of Condition
 Section 48.
 (A) After the completion of a fact-finding investigation, the Supervising
Probation Officer on case shall prepare a violation report thereon
containing his findings and recommendation and submit the same to
the CPPO for review and approval.
 (B) In some cases a probationer who has not reported for initial
supervision within the seventy two (72) hours from his receipt of the
Probation Order or within the prescribed period ordered by the Trial
Court or whose whereabouts could not be ascertained notwithstanding
best efforts exerted within a reasonable period of time by the City and
Provincial Parole and Probation Office shall be immediately reported
to the Trial Court for appropriate action.
 (C) Thereafter, said Parole and Probation Office shall
file with the Trial Court a Violation Report (PPA From
containing its findings and recommendations duly
prepared and signed by the SPPO, SrPPO, PPO II.
PPO I concerned and duly noted by the CPPO for the
court's resolution.
Violation Report. Its Contents,
Signatories and Submission to Trial
Court.
 Section 49.
 (A)The Violation Report shall include, among others, the
following: accurate and complete statement of the facts and
but not surrounding circumstances, including limited to the a.
nature, character and designation of the violation;
 (B). specific acts and/or omissions constitutive of the
violation;
 (C). place, date and time of commission or omission;
 (D). statements or affidavits of apprehending officers and
offended parties; and
 (E). other related data and, information.
 ii Probationer's response, explanation and clarification
duly sworn to before a notary public and other
supporting testimonial, documentary and objective
evidence.
 iii findings, assessment and recommendation of the
Probation Office.
 (b) The Violation Report shall be prepared and signed by

the SPPO, SEPPO, PPO II, or PPO I concerned and
approved and signed by the CPPO.
Section 50. Arrest of Erring Probationer
 After having duly considered the nature and gravity

of such reported violation based on the submitted
Violation Report, the Trial Court may Issue a
warrant for the arrest of the probationer for serious
violation of his probation condition.
Section 51. Hearing of the Violation of Probation
 Once arrested and detained, the probationer shall immediately be

brought before the Trial Court for a hearing of the violation charged.
 In the hearing, which shall be summary in nature, the probationer

shall have the right to be informed of the violation charged and to
adduce evidence in his favor.
 The court shall not be banned by the technical rules of evidence,

but may inform itself of all the facts, which are material and relevant
to ascertain the veracity of the charge
 The probationer may be admitted to bail pending such hearing. In

such case, the provisions regarding release on bail of persons
charged with the crime or offense shall be applicable to
probationers arrested under this provision.
Section 52. Disposition: Effect of Revocation:
Remedy
 After a serious violation of a probation condition has been

established in the hearing, the Trial Court may order the
continuance of the probationer's probation or modification of
this probation conditions or revoke his probation whichever is
proper and just under in judicial discretion.
 If the probation period has been revoked, the trial Court shall
order the probationer to serve the sentence originally imposed
in the judgment of his case for which he applied for probation.
 A court order modifying the probation conditions as in Sec. 44
of these rules or revoking probationer's probation shall not be
appealable. However, it may be correctable by certiorari under
the Rules of the Court.
Section 53. Right to Counsel
 In the hearing or proceeding for violation of
probation conditions, the probationer shall have
the right to counsel of his own choice.
X. EARLY TERMINATION
Section 55. Coverage
 The following probationers may be recommended for the early termination of their
probation period.
 1. Those who are suffering from serious physical and/or mental disability such as deaf-
mute, the lepers, the crippled, the bed-ridden, and the like,
 2. Those who do not need further supervision as evidenced by the following:
 (a) Consistent and religious compliance with all the conditions imposed in the order
granting probation;
 (b) Positive response to the programs of the supervision designed to their rehabilitation;
 (c) Significant improvements in their social and economic life;
 (d) Absence of any derogatory record while under probation;
 (e) Marked improvement in their outlook in life by becoming socially aware and
responsible members of the family and community; and (f) Significant growth in self-
esteem, self-discipline and self-fulfillment.
Provided that the probationers involved have already served one
third (1/3) of the imposed period of probation: and provided further
that in no case shall the actual supervision period be less than six (6)
months.
3. Those who have;

(a) To travel abroad due to any of the following:
(1) An approved overseas job contract or any other similar

documents; or
(2) An approved application for scholarship, observation tour or
study grant for a period not less than six (6) months; or
(3) An approved application for immigration.
(4) An approved application to take the Bar and Board Examinations.
(b) To render public service;
(1) Having been elected to any public office; or

(2) Having been appointed to any public office.
Provided, however, that the probationers involved have fully

paid their civil liabilities, if any. And, that the probationers
were not convicted for offenses involving moral turpitude.
4. Other probationers who have fully cooperated

with/participated in the programs of supervision designed for
their rehabilitation and who are situated under
conditions/circumstance similar in nature to those above
described at the discretion of the proper authorities.
Section 56. Procedure
1. The Supervising Probation Officer on case who exercises direct
supervision over the probationer shall prepare the motion for the
modification of probation, Le, early termination addressed to the Court
which has control the supervision over the probationer concerned in
accordance with Section 12 of the Probation Law of 1976, as
amended. The motion shall bear the approval of the head of the City
or Provincial Parole and Probation Office without prejudice to the latter
taking the initiative for preparing said motion.
2. The motion shall thereafter be forward for review and clearance to the
Regional Director who shall act on said motion within a period of three
(3) days after receipt of the same.
3. Should the motion be approve by the Regional
Director, the supervising probation officer on case
shall file the same with the trial court within two (2)
days after receipt thereof.
4. Should the said motion be disapproved, the same
shall be filed in the supervision case file/record of the
probationer for future reference.
5. Should the motion be approved by the Trial Court,

the procedure for termination, due to successful
completion of probation specified in the rules shall
apply.
XI. PROBATION AIDES
Section 57. Qualifications: functions
A. The Probation Aides must be citizens of good repute and probity at
least 18 years of age on the date of appointment, at least high school
graduates and preferably residence of the same locality or community
covering the place of residence of the probationer and/or the CPPOS,
SPPOs, and SrPPOs, PPOs II, and PPOs L
B. Probation Aides may be requested to assist the CPPOs, SPPOs,

SrPPOs, PPOs II, PPOs I in the supervision of probationers, assigned
up to a maximum case load subject. to administrative and technical
supervision by the above- mentioned Probation Officers, prepare
records of their activities and accomplish related reports and prompt
submission thereof: and undertake other related activities. They may
be designated to identify, generate, tap local community resources or
conduct such activities on skills training and sports and cultural
programs for clients.
Section 58 Appointment Term of
Office
A. Probation Aides shall be appointed by the Probation Administrator
or through authority delegated to the Regional Directors within their
respective areas of responsibility upon the recommendation of the
CPPOS
B. Probation Aides so appointed may hold office during good
behavior for a period of two (2) years, renewable at the end of each
period; provided, that, the appointing authority may at any time
terminate the services of Probation Aides for unsatisfactory
performance for at least two (2) consecutive semesters as
determined by the proper office and/or for other lawful and valid
cause(s). Thereafter, his reinstatement shall be determined by his
display of good behavior as determined by collateral informants
and the appointing authority.
Section 59. Caseload.
A. In assigning probation supervision caseload(s) to the
Probation Aides, the Probation Offices shall duly
consider their respective qualifications, length of
service, work accomplishments, and other related
criteria. And as to maximum supervision caseload to be
given to them, the Probation Office should, exercise
utmost prudence and caution.
B. The maximum supervision caseloads of a Probation
Aide at any given time, shall be ten (10) probationers on
minimum case classification or three (3) probationers or
maximum case classification in addition to other duties.
XIL TERMINATION OF THE
PROBATION SUPERVISION
CASE
Section 60. Grounds. The probation supervision
period may be terminated on any of the following
grounds:
A. successful completion of probation

B. probation revocation for cause under Section 49 (a-c) of
these Rules;
C. death of the probationer;
D. early termination of probation; or
E. other analogous cause(s) or reason(s) on a case-to-case
basis as recommended by the Probation Office and
approved by the Trial Court.
Section 61. Termination Report.
 The City and Provincial Parole and Probation Office shall submit to the
Trial Court a Probation Officer's Final Report (PPA Form 9) thirty (30)
days) before the expiration of the period of probation embodying among
others, the following:
A. brief personal circumstances of the probationer;
B. brief criminal circumstances about his case (ie., criminal case no.,
court, branch, period of probation, initial and last date of probation);
C. prescribed probation treatment and supervision program;
D. probationer's response to the treatment plan/program;
E. recommendation to discharge the probationer from probation and the
restoration of all his civil rights; and
F. such other relevant and material facts and information which may be
required by the Trial Court.
Section 62. Final Discharge
 After expiration of the original or extended probation period
and based on due consideration of the POS Final Report,
the Trial Court may order the final discharge of the
probationer upon finding that he has fulfilled the probation
terms and conditions; and, thereupon, the probation
supervision case is declared terminated
Section 63. Legal Effects of Final Discharge
Termination Order
A. The final discharge of a probationer shall operate to

result of his conviction and to duly discharge his liability
for any fine imposed as to the crime or offense for which
probation was granted without prejudice to his civil
liability. It is hereby understood that, the probationer's
political rights are not lost or suspended even during the
probation period.
B. The probationer and the probation office shall be
promptly furnished with copies of such final discharge or
Termination Order.
XIIL. CLOSING OF THE
PROBATION CASE
Section 64. Point in Time.
 After actual receipt of the Termination Order finally
discharging the probationer, the Probation Office
shall formally close the probation case and keep
client's case file.
Section 65. Mode
 Immediately after such closure of the probation case,
the corresponding probation records shall be
archived, but not after the proper reporting is done.
XIV. PROBATION
REPORTS
Section 66. Monthly.
 The Probation Offices through the CPPO shall submit

within the first ten (10) days of the ensuing, month to
the Administrator (Attn: Case Management and
Records Division), copy furnished the RDS concerned,
their Monthly Caseload Summary Reports (PPA Form
No. 5) and its attachments.
Section 67. Semestral
 The Probation Offices shall also submit within the first
fifteen (15) days of the ensuing semester to the
Administrator, copy furnished the RDS and PPA Planning,
Staff with their respective Semestral Accomplishment
Progress Reports containing among others, list and brief
description of their work accomplishments for the quarter,
their encountered problems and suggested solutions, and
other related matters.
Section 68. Annual.
 The Regional Offices through the RDS shall submit within
thirty (30) days of the ensuing, years to the Administrator,
copy furnished the PPA Planning Staff, their respective
Annual Reports containing among others, operational
highlights, special programs and projects undertaken and/or
other significant accomplishments for the year.
 Thereafter, the Administration shall submit a consolidated

accomplishment report to the Secretary of Justice on/or
before the last day of February each year as required under
Executive Order No. 292 Section 37 Chapter 6, Book IV
thereof.
XV. MISCELLANEOUS
PROVISIONS
Section 69. Forms.
 All the probation forms specified herein shall be

understood to have been contemporaneously
prescribed by the Administration and approved by
the Secretary of Justice, from time to time as the
need arises.
Section 70 Confidentiality of
Probation Records.
 The PSIR and the supervision case notes of a probationer obtained
under PD No. 968, as amended, and these Rules, otherwise knows as
the probation investigation and supervision records, shall be privileged
and shall not be disclosed directly or indirectly to anyone other than
the Parole and Probation Administration, the Trial Court or other
court(s) concerned, except that the court of origin (Trial Court) may, in
its sound discretion permit the probationer or his attorney to inspect
the aforementioned documents or parts thereof whenever the best
interact of the probationer makes such disclosure desirable or helpful:
Provided that any government office or agency engaged in the
correction or rehabilitation of offenders or any researchers (ie,
psychologists, sociologists, graduate students, academicians, etc.)
may, it necessary, obtain copies of said documents from the Trial Court
of the Parole and Probation Administration for official and/or research
(graduate or special studies) purposes and other similar undertakings
for the sake of public policy, justice and public interest.
Section 71. Miscellaneous Powers of
Chief Probation and Parole Officers.
 The CPPOs shall have the authority within their respective

territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection
with their duties and functions under PD No. 968, as
amended, and these Rules. They shall also have, with
respect to probationers under their care, the powers of a
police officer. As such they shall be considered persons in
authority.
Section 72. Authority to Issue Rules or
Rulings an Administer Programs and
Projects.
A. The Administrator may issue rules or rulings to clarify, interpret or
construe the provisions of these Rules and the Probation Law
without the need of public notice, hearing and publication.
B. The Administration shall:
1. develop, formulate, implement and administer, appropriate
organizational programs;
2. provide educational technical, financial and calamity assistance to
clients and personnel.
3. offer livelihood and enterprise development;
4. generate opportunities;
5. undertake surveys and research related to program

implementation;
6. assist in giving amelioration, provident and welfare benefits; and
other social economic development and transformation programs,
projects and activities for probationers, their immediate families and
other dependents; and
7. support associations and communities of its clients and whenever
applicable of its personnel.
For this purpose, there is hereby constituted a special trust fund, known
as "Special Provision Fund" (SPF) chargeable to the General Fund
annual budgetary appropriations of the Administration. The
Administrator shall issue the necessary policies, guidelines and
standard operating procedures (SOPs) on the development. formulation,
implementation and administration of programs, projects and activities
and on the utilization, disbursement, operation and management of said
fund, subject to the usual government accounting regulations and
auditing procedures.
Section 73. Appropriations.
 So much budgetary amount as may be necessary
shall be included in the annual appropriations of
the National Government for the PPA in order for it
to move efficiently and effectively and successfully
implement the provisions of PD No. 968, as
amended, the pertinent provisions of Executive
Order No. 292 (Administrative Code of 1987) and
these Rules.
Section 74. Repealing Clauses
 Any or all provisions of existing regulations, orders,

and issuances inconsistent with or contrary to these
Rules are hereby modified or repealed accordingly.
Section 75. Separability Clause
 If any part, section or provision of these Rules is
held invalid or unconstitutional, the other parts,
sections or provisions not affected thereby shall
continue in operation.
Section 76. Filing.
 It is hereby reported that three (3) certified copies
of these Rules shall be filed with the UP Law
Center pursuant to Section 3, Chapter 2, Book VII,
Executive Order No. 292, otherwise known as the
Administrative Code of 1987.
Section 77. Effectivity
 These Rules shall take effect after fifteen (15) days
following the completion of the publication thereof
in at least three (3) newspapers of general
circulation in the Philippines.
ACTIVITY II
Instruction: Read the statement carefully and answer it correctly.
1. 1. What is P.D. 968 "Probation Law of 1976 as Amended
all about?
2. 2. Distinguish parole from probation
3. 3. Explain the methods and procedures specified in the
Omnibus Rules on Probation
4. 4. How to supervise probationers? Explain
5. 5. What are the other forms of Community-Based
Release? Explain each
CHAPTER III
RULES OF PAROLE
 Pursuant to Act No. 4103, otherwise known as "the
Indeterminate Sentence Law", as amended by, among
others, Section 21, Title III, Book IV of Executive Order
No. 292 dated July 25, 1987, otherwise known as "The
Administrative Code of 1987", the following Rules on
Parole are hereby promulgated
RULE 1
GENERAL PROVISION
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. "Administration" refers to the Administrator of the Parole and
Probation Administration; (As amended by Board Resolution No.
OT-11-02-12 dated Feb. 9. 2012)
B. "Board" refers to the Board of Pardons and Parole;
C. "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 document of the case;
D. "Director" refers to the Director of the Bureau of Corrections.
E. "Parole" refers to the conditional release of a prisoner
from a correctional institution after he has served the
minimum of his prison sentence; refers to the
"Parole Supervision" supervision/surveillance by a Probation
and Parole Officer of a parolee 8. "Parolee" refers to a
prisoner who is released on parole;
F. "Parole Supervision" supervision/surveillance by a

Probation and Parole Officer of a parolee 8. "Parolee" refers
to a prisoner who is released on parole;
G. "Parolee" refers to a prisoner who is released on parole;

H. "Penal Superintendent" refers to the Officer-In-Charge of the New
Bilibid Prison, the Correctional Institution for Women and the prison and
the penal farms of the bureau of Corrections;
I. "Prison Record" refers to information concerning an inmate's

personal circumstances, the offence he committed, the sentence
imposed, the criminal case number in the trial and appellate courts, the
date he commenced serving his sentence, the date he was received for
confinement, the place of confinement, the date of expiration of the
sentence, the number of previous convictions, if any, and his behavior
or conduct while in prison;
J. " Probation and Parole Officer" refers to the Probation and Parole
Officer undertaking the supervision of the parolee;
K. "Regional Director" refers to the head of the Parole
and Probation Administration in the region;
L. "Release Document" refers to the "Discharge on

Parole" issued by the Board; and
M. "Warden" refers to the Officer-in-Charge of the

Provincial City, Municipal or District Jail.
RULE 2
RULES IN CONSIDERING PAROLE CASES
Part A. ELIGIBILITY FOR REVIEW
AND DISQUALIFICATIONS
RULE 2.1. Eligibility for Review
for A Parole Case
 inmate's case may be eligible for review by the board provided:
 a. Inmate is serving an indeterminate sentence the maximum period
of which exceeds one (1) year,
 b. Inmate has serve the minimum period of the indeterminate
sentence;
 c. Inmate's conviction is final and executor, In case the inmate has
one or more co-accused who have been convicted, the
director/warden concerned shall forward their prison records and
carpetas/jackets at the same time.
 d. Inmate has no pending criminal case; and
 e. Inmate is serving sentence in the national penitentiary, unless the
confinement of said inmate in the municipal, city, district or provincial
jail is justified.
 A national inmate, for purposes of these Rules, is one
who is sentenced to a maximum term of imprisonment
of more than three (3) years or to a fine of more than
five thousand pesos; or regardless of the length of
sentence imposed by the Court, to one sentenced for
violation of the customs law or other laws within the
jurisdiction of the Bureau of Customs or enforceable by
it, or to one sentenced to serve two (2) or more prison
sentences in the aggregate exceeding the period of
three (3) years. (As amended by the Board Resolution
No. 24-4-4-10 dated April 13.2010)
RULE 2.2 Disqualification for
Parole
 Pursuant to Section 2 of Act No. 4103, as amended, otherwise known
as the "Indeterminate Sentence Law", parole shall not be granted to
the following inmates:
A. Those convicted of offences punished with death penalty or life

imprisonment;
B. Those convicted of treason, conspiracy or proposal to commit
treason or espionage;
C. Those convicted of misprision of treason, rebellion, sedition or coup
de'etat;
D. Those convicted of piracy or mutiny on the high seas or Philippine
Waters;
E. Those who are habitual delinquents, ie, those who,
within a period of ten (10) years from the date of the
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 said crimes
a third time or oftener;
F. Those who escaped from confinement or evaded

sentence; G. Those who have been granted conditional
pardon by the President of the Philippines shall have
violated any of the terms thereof;
H. Those whose maximum terms of imprisonment does not

exceed one (1) year or those with definite sentence;
I. Those convicted of offenses punished with Reclusion
Perpetua, or whose sentences were reduced to reclusion
perpetua by reason of Republic Act No. 9346 enacted on
June 24, 2006, amending Republic Act No. 7659 dated
January 1, 2004; and
J. Those convicted for Violation of the laws on terrorism,

plunder and transnational crimes. (As amended By Board
Resolution No. 24-4-4-10 dated April 3,2010)
FORM AND CONTENTS OF
PETITION
RULE 23 Review Upon Petition or Referral
by the correctional and/or other agencies
 A parole case may be reviewed by the Board upon

petition or referral by the correctional and/or other
agencies if inmate is not otherwise disqualified
under Rule 2.2. (As amended by Board Resolution
No. 3-4-4-10 dated April 3, 2010)
PROCEDURE
RULE 2.4. Transmittal of Carpeta
and Prison Record
 The Director of Warden concerned shall send a

Prisoner's prison record and Carpeta to the Board
at least one (1) month prior to the date when his
case shall be eligible for review.
RULE 2.5. Publication of Names of
Prisoners Being Considered for
Parole
 The Board shall cause the publication in the

newspaper of general circulation the names of the
prisoners convicted of heinous crimes or those
sentenced to reclusion perpetua or life
imprisonment and whose sentence has been
commuted to indeterminate prison term and may
be considered for release on parole.
RULE 2.6. Notice to Offended
Party
 In addition to the publication in a newspaper of national
circulation, 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 27. Deferment of Parole
when Safety Compromised
 If based on the report on pre-parole investigation

conducted on the prisoner, there is 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
PROCEEDINGS OF THE BOARD
RULE 2.8. Factors to be Considered
in Review on Parole Cases
 the following factors may be considered by the Board in its review of a 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
prisoner's 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 reside; and
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 the
study and investigation by the Board itself and it finds the
following circumstances are present:
A. That the prisoner is fitted by his training for release;
B. That there is a reasonable probability that, if

released, he will live and remain at liberty without
violating the law; and C. That his release will not be
incompatible with the welfare of society.
RULE 2.10. Meetings
 The Board shall meet in executive session
regularly or upon the call of the chairman.
RULE 2.11. Quorum
constitute a quorum.
RULE 2.12. Board Action
 A majority of the members of the Board, constituting the quorum, shall
be necessary to support a decision of the board or to carry out any
action. However, in order to grant parole, to modify any of the terms
and conditions appearing in a Release document, to order the arrest
and recommitment of a parolee, and to issue certificate of Final
Release and Discharge to a parolee, the decision or action must be
supported by at least four (4) votes of the member of the Board.
 The minutes of the meeting of the Board shall show the votes of its
individual members and the reason or reasons for voting for or against
any matter presented for the approval of the Board.
 Any dissent from the decision to grant or deny parole shall be reduced
in writing and shall form part of the records of the proceedings.
RULE 3 RULES AFTER GRANT
OF PAROLE
PAROLE SUPERVISION
RULE 3.1 Release; Form of
Release of Document
 A prisoner shall be released upon the grant of
parole. Such grant of parole shall be evidenced by
the Release Document, which shall be in the form
prescribed the Board and shall contain the latest 1"
x 1" photograph and right thumb of the prisoner
RULE 3.2 transmittal of Release
document
 The board shall send a copy of the Release
document to the prisoner through the Director of
the Corrections or Warden of the Jail where he is
confined. Of the date of actual release of the
prisoner, the Director or Warden concerned shall
send a certificate of said Release Document.
RULE 3.3 Parole Supervision
 After release on confinement, the parolee shall be
placed under the 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.
RULE 3.4 Presentation to
 Within the period prescribe in his Release Document,

the parolee shall present himself to the Probation and
Parole Officer specified in the release Document for
supervision.
 If the parolee fails to report within fifteen (15) days from
the date of his release from confinement, the Probation
and Parole Officer shall inform the Board of such failure
for the Board's appropriate action. (As amended by
Board Resolution No. OT-11- 02-12 dated Feb 9, 2012)
RULE 3.5 Arrival Report
 When the parolee reports for supervision, the
probation and Parole Officer concerned shall
immediately inform the Board, through the
Technical Service of the Parole and Probation
Administration of such fact by submitting the
necessary arrival report.
RULE 3.6 Mandatory Conditions
of Supervision
 It shall be mandatory for a parolee to comply with

the terms and conditions appearing in the Release
Document.
RULE 3.7 Review and
Modifications of conditions
 The Board may, motu proprio or upon
recommendation of the Probation and Parole
Officer, revise or modify the terms and conditions
appearing i in the Release Document.
RULE 3.8 Transfer of Residence
 A parolee may not transfer from the place of
residence designated in his Release Document
without the prior written approval of either the
Regional Director or the Administrator, subject to
the confirmation of the Board.
RULE 3.9 Outside Travel
 A Chief Probation and Parole Officer may
authorize the parolee to travel outside his area of
operational jurisdiction for a period of not more
than thirty (30) days. A travel for more than 30
days shall be approved by the Regional Director.
RULE 3.10 Travel Abroad and/or
Work Abroad
 Any parolee under active supervision/surveillance

who has no pending criminal case in any court
may apply overseas work or travel abroad.
However, such application for travel abroad shall
be approved by the Parole and Probation
Administrator and confirmed by the Board.
RULE 3.11. Death of Parolee
 if a parolee dies during parole supervision, the Probation
and Parole Officer shall immediately transmit a certified
true copy of the parolee's death certificate to the Board
recommending the closing of the case. However, in the
absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay
chairman or any authorized officer or any immediate
relative where the parolee resided, shall suffice
INFRACTION/VIOLATION OF THE TERMS AND
CONDITIONS OF THE RELEASE DOCUMENT
RULE 3.12. Reports
submit the following reports to the Board:
A. A Progress Report on the conduct of the parolee
while under supervision.
B. A "status 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;
C. An Infraction Report when the parolee has been
subsequently convicted of another crime;
D. A 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 3.13. Arrest of Parolee
 Upon receipt of an infraction Report, the Board

may order the arrest or recommitment of the
parolee.
RULE 3.14. Effect of
Recommitment of Parolee
 Recommitment of parolee - the parolee who is

recommitted to prison by the Board shall be made
to serve the for which he was originally committed
to prisremaining unexpired portion of the maximum
sentence on.
RULE 3.15. Withdrawal/Cancellation
of Release Document
 The Board may withdraw/cancel the Release
Document if it finds that material information given
by the parolee to the Board, either before or after
release, was false, or incomplete or that that the
parolee had willing, fully or maliciously concealed
material information from the board
TERMINATION OF PAROLE
SUPERVISION
RULE 3.16. Summary Report
 After the expiration of the maximum sentence of a
parolee, the Probation and Parole Officer concerned
shall submit to the Board, through the chief Probation
and Parole Officer, a Summary Report on his
supervision of a parolee The clearances from the
police, court, prosecutor's office and barangay officials
shall be attached to the Summary Report.
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.
RULE 3.19. Transmittal of Certificate
of Final release and Discharge

parolee, the Court which imposed the sentence,
the Probation and Parole Officer concerned,
through the technical Service, the Bureau of
Corrections, the national bureau of Investigation,
President.
RULE 4 REVEALING AND
ACTIVITY CLAUSES
RULE 4.1 Repealing Clause
 The Rules and Regulation of the Board of Pardons and

Parole dated 20 December 1989 and the revised Rules and
Regulations of the Board of Pardons and Parole dated 26
November 2002 are hereby repealed, and all other existing
rules, regulations and resolutions of the Board which are
inconsistent with these rules are likewise repealed or
amended accordingly.
RULE 4.2 Effectivity Clause
 These Rules shall take effect upon approval by the

Secretary of Justice and fifteen (15) days after its
publication in a newspaper of general circulation.
Done in Quezon City, this 7th day of March 2006.
GENERAL PROVISIONS
Section 1. Plenary Power of the President
to Grant Executive Clemency
 Under Section 19, Article VII of the Constitution, except in cases of
impeachment or as otherwise provided therein, the President may grant
reprieves, commutations and pardons, and remit fines and forfeitures,
after conviction by final judgment.
 Executive clemency rests exclusively within the sound discretion of the
President, and is exercised with the objective of preventing a miscarriage
of justice or correcting a manifest injustice.
 These Guidelines are meant solely for the guidance of the Board of
Pardons and Parole (hereafter the "board") in the performance of its duty
to assist the President in exercising the power of executive clemency
pursuant to Executive Order No. 83 dated January 11, 1937. These
guidelines create no vested or enforceable rights in persons applying for
executive clemency. (as amended by Board Resolution No. 24-4-10 dated
April 13, 2010)
Section 2. Consideration of
Cases for Executive Clemency
 The Board may consider cases for executive

clemency upon petition or referral by the Office of
the President, or motu proprio
Section 3. Extraordinary
Circumstances
 The Board shall Recommend to the president the

grant of Executive clemency when any of the
following extraordinary circumstances are present:
A. The trial court or appellate court in its decision recommended the grant
of executive clemency for the inmate;
B. Evidence which the court failed to consider, before conviction, which

would have justified an acquittal of the accused;
C. When an inmate suffers from serious, contagious or life- threatening

illness/disease or with severe physical disability, such as those who are
totally blind, paralyzed, bedridden, etc. as recommended under oath by a
physician of the Bureau of Corrections Hospital and certified under oath
by a physician designated by the Department of Health:
D. Alien inmates where diplomatic considerations and amity among

nations necessitates review; and e. Such other similar or analogous
circumstances whenever the interest of justice will be served thereby. (As
amended by Board Resolution No. 24-4-10 dated April 13, 2010 and
further amended by Board Resolution No. OT-11-02-12 dated Feb 9,
2012)
Section 4. Other Circumstances
 When none of the extraordinary circumstances

enumerated in Section 3 exist, the Board may
nonetheless review and/or recommend to the
president the grant of executive clemency to an
minimum requirements of imprisonment
A. For Commutation of Sentence,
the inmate should have served:
 1. At least one-third (1/3) of the definite or
aggregate prison terms;
 2. At least one-half (1/2) if the minimum of the
inderminate prison term or aggregate minimum of
the indeterminate prison terms;
 3. At least ten (10) years for inmates sentenced to
one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished
under Republic Act No. 7659 and other special
laws;
 4. At least thirteen (13) years for inmates whose
indeterminate and/or definite prison terms were
adjusted to a definite prison term of forty (40) years
in accordance with the provisions of article 70 of
the s amended; Revised Penal Code, as a
 5. At least fifteen (15) years for inmates convicted
of heinous crimes/offenses as defined in Republic
Act No. 7659 or other special laws, committed on
or after January 1, 1994 and sentenced to one (1)
reclusion perpetua or one (1) life imprisonment;
 6. At least eighteen (18) years for inmates
convicted and sentenced to reclusion perpetua or
life imprisonment for violation of Republic Act No.
6425, as amended, otherwise known as " the
Dangerous Drugs Act of 1972" or Republic Act No.
9165, also known as "the Comprehensive
Dangerous Drug Act of 2002"; and kidnapping for
ransom or violation of the laws on terrorism,
plunder and transnational crimes;
 7. At least twenty (20) years for inmates originally
sentenced to two (2) or more reclusion perpetua or
life imprisonment even if their sentences were
adjusted to a definite prison term of forty (40) years
in accordance with the provision of Article 70 of the
Revised Penal Code, as amended;
 8. At least twenty five (25) years for inmates
originally sentenced to death penalty but which
was automatically reduce or commuted to
reclusion perpetua or life imprisonment. (as
amended by board resolution No. 24-4-10 dated
April 13, 2010)
 B. For Conditional Pardon, an inmate should have
served at least one-half (1/2) of the maximum of
the original indeterminate and/or definite prison
term. (as amended by Board Resolution No. 24-4-
10 dated April 13, 2010)
Section 5. (Repealed by Board Resolution
No. 24-4-10 dated April 13, 2010)
Section 6. Petition for Absolute
Pardon
 The prisoner should have serve 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: (1) is seeking an
appointive/elective public position or reinstatemate in
the government service; (2) will take any government
examination; or (3) is immigrating, provided the
petitioner shall submit an approved immigrant
application.
 (1) is seeking an appointive/elective public position
or reinstatemate in the government service;
 (2) will take any government examination; or
 (3) is immigrating, provided the petitioner shall
submit an approved immigrant application.
Section 7. Petition
 When a petition is filed by, or on behalf of, a
prisoner, the form of said petition shall substantially
comply with the form prescribed by the Board and
shall clearly show the following:
 a. The prisoner's biographic data;

 b. The Details of conviction; and c. The grounds upon
which executive clemency is sought.
Section 8. Referral to
Government Agencies
 The Board may, in its discretion, refer a petition for
executive clemency to a Probation and Parole Officer
who shall submit within thirty (30) days from receipt of
referral a report of a behavior, character.
Antecedents, mental and physical condition of the
petitioner, and the results of the National Bureau of
Investigation record check. The Board shall refer
matters pertaining to executive clemency for
comment and recommendation as follows:
 A. To the commission on Elections, if it involves
violations of election laws, rules and regulation, as
required by Sec. 5, Art. IX-C of the Constitution which
provides that no pardon, election laws, rules and
regulations shall be granted by the resident without
the favorable recommendation of the Commission on
Elections; and
 B. To the Secretary of National Defense and the
secretary of the Interior and local Government, if a
case for Executive clemency involves crime against
national security or public. order or the law of nations;
and
 C. To the Department of Foreign Affairs, if the
prisoner is an alien.
Section 9. Transmittal of
Carpeta and Prison Record
 The Director or Warden concerned shall forward

the Prison Record and Carpeta of prisoners who
may possibly qualify under Section3 and 4 for
evaluation/consideration by the Board and such
other records as may be requested by the latter.
Section 10. Notice to the
Offended Party
 In all cases when an inmate is being considered for executive
clemency, the Board shall notify the offended party or, in the event
that the offended party is unavailable for comment or otherwise
cannot be located, the immediate relatives of offended party, Said
persons shall be given thirty (30) days from notice to comment on
whether or not executive clemency may be granted to an inmate.
Provided that, in matters of extreme urgency or when the interest
of justice will be served thereby, such notice may be waived or
dispense with by the Board.
 In such a Case, the Board shall explain the reason for the waiver
of such notice in the Board resolution recommending executive
clemency. (As amended by Board Resolution No. 24-1-10 dated
April 13, 2010)
Section 11. Publication of Names of
Those Being Considered for executive
clemency
 The Board shall cause the Publication once in a

newspaper of national circulation the names of
inmates who are being considered for executive
clemency. Provided, however, that in cases of
those convicted of offenses punished with
Reclusion Perpetua or life imprisonment by reason
of Republic Act No. 9346, publication shall be once
a week for three (3) consecutive weeks.
 Any interested party may send to the Board written
objectives/comments/information relevant to the
cases of inmates being considered for executive
clemency not later than thirty (30) days from date
of publication.
 Provided that, in matters of extreme urgency or
when the interest of justice will be served thereby,
above publication may be waived or dispensed
with. In such cases, the Board shall explain the
reason for the waiver of such publication in the
Board resolution recommending executive
clemency. (as Amended by Board Resolution No.
24-4-10 dated April 13. 2010)
Section 12. Board Deliberation
 Any matter pertaining to executive clemency,

including petition for executive clemency, shall be
decided by the Board only after deliberation during
a meeting where there is a quorum.
Section 13. Board Meetings
 The Board shall meet once a week, or oftener
upon call by the chairman, to deliberate matters
pertaining to executive clemency.
Section 14. Quorum
 A majority of all members of the Board shall
Constitute shall constitute a quorum.
Section 15. Contents of Minutes
of Board Meeting
 The minutes of the meeting of the Board shall
show the votes of its individual members and the
reason(s) for voting for or against recommending
the grant of executive clemency. Where at least
majority of the sitting members vote in favor of
recommending the grant of executive clemency,
the vote of any dissenting member shall be
reduced into writing and shall form part of the
records of the proceedings of the Board.
Section 16. Opposition of grant
of Executive Clemency-
 when an opposition to the grant of executive

clemency is filed, the Board shall seriously
consider the same and may, in its discretion,
require the oppositor to submit supporting
evidence. In case the Board shall favorably
recommend executive clemency, the records of
any opposition submitted shall be forwarded to the
Office of the President, along with other supporting
documents enumerated in Section 19.
Section 17. Documents to be
considered
 in determining whether to recommend to the
President the grant of executive Clemency, the
Board shall consider all relevant documents, such
as the carpeta and prison record of the prisoner,
the mittimus or commitment order, prosecutor's
information, the decision of the trial and appellate
courts, physician's certification (if applicable),
recommendation of the Department of Foreign
Affairs pursuant to Section 3 (g) (if applicable) and
any opposition to the grant of executive clemency.
Section 18. Board Recommendation,
Resolution and Certification
 at least majority of the sitting members of the
Board shall be necessary to recommend the grant
of executive clemency.
Section 19. Supporting
Documents
 The Board shall submit all relevant documents to
the Office of the President along with its resolution
recommending the grant of executive clemency
Section 20. Implementation of President's
Grant of Executive Clemency
 From the Office of the President, the document
evidencing the President's grant of executive
clemency shall be sent to the prisoner, though the
Director of the Bureau of Corrections or the
warden of the Jail where the prisoner is confined,
copy of which shall be furnished the Board. Upon
receipt, the Director or Warden shall immediately
implement the grant of executive clemency. (as
amended by Board Resolution No. OT-11-02-12
dated Feb. 9, 2012)
Section 21. - Certificate of Release
 In case of grant of Pardon, the Director or Warden shall,

on the date of release:
 Read to the prisoner the conditions of pardon in the language or
dialect known to him or her
 Make known to the prisoner the consequences of violating such
conditions
 Require the prisoner to acknowledge acceptance of such
conditions as a pre-requisite to actual release. Once accepted,
the Director or Warden shall issue in favor of the prisoner a
"Certificate of Discharge from Prison", which shall include of
recital of the conditions of the grant of pardon and the
consequences of non-compliance therewith, a copy of which
shall be furnished the Board. (as amended by Board Resolution
No. OT-11-02-12 dated Feb. 9, 2012)
with Conditions of Pardon
 Where the President grants conditional pardon to a
pardonnee, the Board shall monitor the pardonee's
compliance with the conditions imposed for the duration
of the period stated in the document evidencing the
President's grant of executive clemency. The Board shall
also determine whether said pardone has complied with
or violated the conditions of his pardon.
 To assist the Board in monitoring, compliance with the
conditions imposed upon the pardonee, the Board shall
place the pardonee under the supervision of a Probation
and Parole Officer. (As amended by Board Resolution
No, OT-11-02-12 dated Feb. 9, 2012)
Section 23. Presentation to
evidencing, the President's grant of executive
clemency, the pardonee shall present himself to
the Probation and Parole Officer Concerned The
Probation Parole Officer shall inform the Board if
the pardonee fails to report within fifteen (15) days
from the date of his release from confinement. (as
dated Feb. 9, 2012)
Section 24. Arrival Report
 The Probation and Parole Officer shall submit his
Arrival report to the Board, though the Technical
Service of the Parole and Probation Administration,
within fifteen (15) working days from the date when
the pardonee reported for supervision.
Progress Report
 If a pardonee violates any of the conditions of his
imposed under the supervision program or
otherwise commits another offense during the
period of his supervision, the Probation and Parole
Officer concerned shall immediately report the
same to the Board and shall periodically submit a
Progress report as regards the case filed against
him. (As amended by Board Resolution No. OT-11-
02-12 dated Feb. 9, 2012)
Section 26. Recommendation for
Arrest of pardonee for Violation of
Conditions of Pardon
 Upon determination that a pardonee has violated

the conditions thereof, the Board shall recommend
to the President his Arrest. (As amended by Board
Resolution No. OT-11-02-12 dated Feb. 9, 2012)
 Upon the expiration of the period stated in the
document evidencing the President's grant of
executive Clemency, the Probation and Parole Officer
concerned shall submit to the Board, through the
Chief Probation and Parole Officer, a Summary
Report on his supervision of the pardonee (As
dated Feb. 9, 2012) The clearances from the police,
court, prosecutor's office and barangay officials shall
be attached to the Summary Report
shall, upon the recommendation of the Chief
Probation and Parole Officer that the pardonee has
complied with all the conditions of his pardon,
issue a Certificate Release and Discharge. (As
dated Feb. 9, 2012)
Section 29. Transmittal of Certificate
of Final Release and Discharge

pardonee, the Probation and Parole Officer
concerned, through the Technical Service of the
Probation and Parole Administration, the Coaurt
which imposed the sentence, the Bureau of
Corrections, the National Bureau of Investigation,
President.
Section 30. Grant of pardon to
an alien
 an alien who is released on pardon shall be

referred by the Bureau of Corrections/ warden of
the Bureau of Immigration for disposition,
documentation and appropriate action.
Section 31. Death of Pardonee
Under Supervision
 If a pardonee dies during the period of supervision,
the Probation and Parole Officer shall immediately
transmit a certified true copy of the Pardonee's
death certificate to the Board recommending the
closing of the case. However, in the absence of a
death certificate, an affidavit narrating the
circumstances of the fact of death from the
barangay chairman or any authorized officer or any
immediate relative where the pardonee resided
shall suffice. (As amended by Board Resolution
No. OT-11-02-12 dated Feb. 9, 2012)
Section 33. Repealing Clause
 - The provisions pertaining to executive clemency
of the Rules and Regulations of the Board of
Regulations of the Board of Pardons and Parole
dated 20 December 1989, The revised Rules and
Regulations of the Board of Pardons and Parole
dated 26 November 2002, The General Guidelines
for Recommending Executive Clemency dated 26
June 2003, and all other exiting rules, regulations
and resolutions of the Department of Justice and
the Board which are inconsistent herewith are
hereby repealed or amended accordingly.
SECTION 34. Effectively Clause
 These Amended Guidelines shall take effect upon
approval by the Secretary of Justice and Fifteen
(15) days after iys publication in a newspaper of
general circulation. Done in Quezon City, this 7
day of March 2006.
AN ACT TO PROVIDE FOR AN
INDETERMINATE SENTENCE AND
PAROLE FOR ALL PERSONS CONVICTED
OF CERTAIN CRIMES BY THE COURTS
OF THE PHILIPPINE ISLANDS, TO
CREATE A BOARD OF INDETERMINATE
SENTENCE AND TO PROVIDE FUNDS
THEREFORE AND FOR OTHER
PURPOSES.
 Section 1. Hereafter, in imposing a prison
sentence for an offense punished by the Revised
Penal Code, or its amendments, the court shall
sentence the accused to an indeterminate
sentence the maximum term of which shall be that
which, in view of the attending circumstances,
could be properly imposed under the rules of the
said Code, and the minimum which shall be within
the range of the penalty next lower to that
prescribed by the Code for the offense; and if the
offense is punished by any other law, the court
shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not be
less than the minimum term prescribed by the
same. (As amended by Act No. 4225)
 Section 2. This Act shall not apply to persons
convicted of offense punished with death penalty
or life imprisonment; to those convicted of treason,
conspiracy or proposal to commit treason; to those
convicted misprision of treason, rebellion, sedition
or espionage; to those convicted of piracy; to those
are habitual delinquents; to those who shall have
escaped from confinement or evaded sentence; to
those having been granted conditional pardon by
the Chief Executive shall have violated the terms
thereof; to those whose maximum term of
imprisonment does not exceed one year, nor to
those already sentenced by final judgment at the
time of approval of this Act, except ad provided in
Section 5 hereof. (As amended by Act No. 4225).
 Section 3. There is hereby created a Board of Pardons and
Parole to be composed of the Secretary of Justice who shall
be its chairman, and four members to be appointed by the
President, with the consent of the Commission on
Appointments who shall hold office for a term of six years;
Provided, That one member of the Board shall be a trained
sociologist, one a clergyman educator, one psychiatrist
unless trained psychiatrist be employed by the Board, and
the other members shall be persons qualified for such work
by training and experience. At least one member of the
Board shall be a woman. Of the members of the present
Board, two shall be designated by the President to continue
until December thirty, nineteen hundred and sixty-nine. In
case of any vacancy in the membership of the Board, a
successor may be appointed to serve only for the unexpired
portion of the term of the respective members. (As
amended by Rep. Act No. 4203, approved June 19, 1965)
 Section 4. The Board of Pardons and Parole is authorized to
adopt such rules and regulations as may be necessary for carrying
out its functions and duties. The Board is empowered to call upon
any bureau, office, branch, subdivision, agency, or instrumentality
of the Government for such assistance as it may need in
connection with the performance of its functions. A majority of all
the members shall constitute a quorum and a majority vote shall
be necessary to arrive at a decision. Any dissent from the majority
opinion shall be reduced to writing and filed with the records of the
proceedings. Each member of the Board, including the Chairman
and the Executive Officer, shall be entitled to receive as
compensation fifty pesos for each meeting actually attended by
him, notwithstanding the provisions of section two hundred and
fifty-nine of the Revised Administrative Code, and in addition
thereto, reimbursement of actual and necessary traveling
expenses incurred in the performance of duties: Provided,
however, That the Board meetings will not be more than three
times a week. (As amended by Rep. Act. No. 4200, approved
June 19, 1965.)
 Section 5. It shall be the duty of the Board of Indeterminate
Sentence to look into the physical, mental and moral record of
the prisoners who shall be eligible to parole and to determine
the proper time of release of such prisoners. Whenever any
prisoner shall have served the minimum penalty imposed on
him and it shall appear to the Board of Indeterminate
Sentence, from the reports of the prisoner's work and conduct
which may be received in accordance with the rules and
regulations prescribed and from the study and investigation
made by the Board itself, that such prisoner is fitted by his
training for release that there is a reasonable probability that
such prisoner will live and remain at liberty without violating
the law, and that such release will not be incompatible with
the welfare of society, said Board of Indeterminate Sentence
may, in its discretion, and in accordance with the rules and
regulations adopted hereunder, authorized to release of such
prisoner on parole, upon such terms and conditions as are
herein prescribed and as may be prescribed by the Board.
 The said Board of Indeterminate Sentence shall
also examine the records and status of prisoner
who shall have been convicted of any offense
other than those named in Section 2 hereof, and
have been sentenced for more than one year by
final judgment prior to the date on which this Act
shall take effect, and shall make recommendations
in all such cases to the Governor General with
regard to the parole of such prisoners as they shall
deem qualified for parole as herein provided, after
they shall have served a period of imprisonment
not less than the minimum period for which they
might have been sentenced under this Act for the
same offense.
 Section 6. Every prisoner released from confinement on parole
by virtue of this Act shall, as such times and in such manner as
may be required by the conditions of his parole, as may be
designated by the said Board for such purpose, report
personally to such government officials or other parole officers
hereafter appointed by the Board of Indeterminate Sentence
for a period of surveillance equivalent to the remaining portion
of the maximum sentence imposed upon him or until final
releases and discharge by the Board of Indeterminate
Sentences herein provided. The officials so designated shall
keep such record and make such reports and perform such
other duties hereunder as may be required by said Board. The
limit of residence of such paroled prisoner during his parole
may be fixed and from time to time changed by the said Board
in its discretion. If during the period of surveillance such
parolee shall show himself to be a law. abiding citizen and shall
not violate any of the law of the Philippine Islands, the Board of
Indeterminate Sentence may issue a final certificate of release
in his favor, which shall entitle him to final release and
discharge.
 Section 7. The board shall file with the court which
passed judgment on the case and with the Chief of
Constabulary, a certified copy of each order of
conditional or final release and discharge issued in
accordance with the provisions of the next
proceeding two sections.
 Section 8. Whenever any prison release on parole
by virtue of this Act shall, during the period of
surveillance, violate any of conditions of his parole,
the Board of Indeterminate Sentence may issue an
order for his re-arrest which may be served in any
part of the Philippine Islands by any police officer. In
such case the prisoner so re-arrested shall serve the
remaining unexpired portion of the maximum
sentence which he was originally committed to
prison, unless the Board of Indeterminate Sentence
shall, in its discretion, grant a new parole to the said
prisoner. (As amended by Act No. 4225).
 Section 9, Nothing in this Act shall be construed to
impair or interfere with the power of the Governor-
General as set forth in Section 64 (1) of the Revised
Administrative Code or the Act of Congress approved
August 29, 1916 entitled An Act to declare the
purpose of the people of the United States as to the
future political status of the people of the Philippine
Islands and provide a more autonomous government
for those Island."
 Section 10. Whenever any prisoner shall be released
on parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised
Administrative Code: Approved and effective on
December 5, 1933.
RESOLUTION NO: 24-4-10 RE:
Amending and repealing Certain
Rules and Sections of the Rules on
Parole and Amended Guidelines for
Recommending Executive Clemency
of the 2006 Revised Manual of the
Board of Pardon and Parole
 WHEREAS, Section 19, Article VII of the 1987
Philippine Constitution provides that the
president except in cases of impeachment or
as otherwise provided therein, may grant
reprieves, commutations and pardons, and
remit and forfeitures, after conviction by final
judgement.
 WHEREAS, in accordance with the above-cited
constitutional provision, the President has the
plenary power to grant executive clemency, except
on the following three (3) constitutional limitations, to
wit:
 1. In case of impeachment
 2. In case involving violations of election laws,
rules and regulations as provided for in Section 5,
Paragraph C Article IX of the 1987 Philippine
Constitution without the favorable recommendation
of the Commission on Elections;
 3. In cases where the conviction is on appeal or
has not become final and executor;
 WHEREAS, the eight ( disqualifications or
exceptions enumerated and provided for in
Section 5 of the Amended Guidelines for
Recommending Executive Clemency of the
2006 BPP Revised Manual are not in
consonance with the provisions of Section 19,
Article VII of the 1987 Philippine Constitution,
constitute as limitations on the pardoning
power of the President, and violate the time-
honored principle of equal protection of the
laws enshrined in the Bill of Rights, thus
defeating the primary purpose of restorative
justice;
 WHEREAS, Section 5, Paragraph a, b, c, d, e, f, g and
h of the Amended Guidelines for Recommending
Executive Clemency discriminates against certain
criminal offenders and denies them equal opportunity
for executive clemency;
 WHEREAS, under Section 10, notices to the
prosecutor and convicting judge are no longer
necessary since, as pillars of the criminal justice
system, they have done their part and have lost
jurisdiction over the case;
 WHEREAS, under Section 3 of Republic Act No.
9346, otherwise known as "An Act Prohibiting the
Imposition of Death Penalty in the Philippines",
enacted on June 24, 2006, person convicted of
offenses punished with reclusion Perpetua, or
whose sentences were reduced to reclusion
perpetua by reason of this Act, shall not be eligible
for parole under Act No. 4103, otherwise known as
"The Indeterminate Sentence Law", as amended;
 WHEREAS, Under Executive Order No. 83 dated
January 11, 1937, the Board of Pardons and
Parole is mandated to assist the President in
exercising the power of executive clemency;
 WHEREAS, pursuant to the mandate of the law to
redeem and uplift valuable human resources and
prevent excessive deprivation of liberty, there is a
need to provide opportunities to qualified and
deserving inmates in order to ease congestion now
plaguing the correctional institutions.
 WHEREFORE, PREMISES CONSIDERED, THE
Board resolves, as it is hereby Resolve, to AMAND
and REPEAL the following provision of the Rules
on Parole and the Amended Guidelines for
Recommending Executive Clemency of the 2006
BPP Revised Manual
Rule 2.1. of the Rules on
Parole is hereby AMENDED
to read as follows:
RULE 2.1. Eligibility for Review of
A Parole Case
 An inmate's case may be eligible for review by the board
provided:
 a. Inmate is serving an indeterminate sentence the
maximum period of which exceeds one (1) year;
 b. Inmates has served the minimum period of the
indeterminate sentence
 c. Inmates conviction is final and executor; In case the
inmate has one or more co-accused who had been
convicted, the director/warden concerned shall forward
their prison records and carpetas/jackets at the same
time
 d. Inmate has no pending criminal case
 e. Inmates is serving sentence in the national
penitentiary, unless the confinement of said inmate
in a municipal, city, district or provincial jail is
justified.
 A national inmate, for purposes of these Rules, is one
who is sentenced to a maximum term of imprisonment
of more than three (3) years or to a fine of more than
five thousand pesos; or regardless of the length of
sentence imposed by the court, to one sentenced for
violation of the Bureau of Customs or enforceable by it,
or to one sentenced to serve two (2) or more prison
sentences in the aggregate exceeding the period of
three (3) years.
II. Rule 2.2, Paragraphs I to I of the
rules on Parole are hereby DELETED
for being inconsistent with the
provision of Section 2 of the
"Indeterminate Sentence Law", as
amended Further, said Rule is
hereby AMENDED to read as
follows:
RULE 2.2 Disqualifications for
parole
 Pursuant to Section 2 of Act No. 4103, as amended,
otherwise known as the "Indeterminate Sentence Law",
parole shall not be granted to the following inmates:
 a. Those convicted of offenses punished with death
penalty or life imprisonment
 b. Those convicted of treason, conspiracy or proposal
to commit treason or espionage
 c. Those convicted of misprision of treason, rebellion,
sedition or coup de etat
 d. Those convicted with piracy or mutiny on the high
seas or Philippine waters
 e. Those who are habitual delinquents, ie, 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,
 f. Those who escaped from confinement or evaded sentence
 g. Those who having been granted conditional pardon by the
President of the Philippines shall have violated any of the
terms thereof
 h. Those whose maximum term of imprisonment does not
exceed one (1) year or those with definite sentence
 i. Those convicted of offenses punished with reclusion
perpetua, or whose sentences were reduced to reclusion
perpetua by reason of Republic Act No. 9346 enacted on
June 24, 2006, amending Republic Act No. 7659 dated
January 1, 2004
 j. Those convicted for violation of the laws on terrorism,
plunder and transnational crimes.
III. Rule 2.3 of the Rules on
Parole is hereby AMENDED
to read as follows:
RULE 2.3 Review Upon Petition or referral
by the correctional and/or other agencies
 A parole case may be reviewed by the Board upon
petition or referral by the correctional and/or other
agencies if inmate is not otherwise disqualified
under Rule 2.2
IV. Section 1 of the Amended
Guidelines for Recommending
Executive Clemency is Hereby
AMENDED to read as follows:
SECTION 1. Plenary Power of the
President to grant Executive Clemency
 Under Section 19, Article VII of the constitution,

except in cases of impeachment or as otherwise
provided therein, the President may grant
reprieves, commutations and pardons, and remit
fines and forfeitures, after conviction by final
judgment. Executive clemency rests exclusively
within the sound discretion of the President, and is
exercised with the objective of preventing a
miscarriage of justice or correcting a manifest
injustice.
 Those Guidelines are meant solely for the
guidance of the Board of Pardons and Parole
(hereafter the "Board") in the performance of its
duty to assist the President in exercising the power
of executive clemency pursuant to Executive Order
No. 83 dated January 11, 1937. These guidelines
create no vested or enforceable rights of persons
applying for executive clemency.
V. Section # of the Amended
Executive Clemency is hereby
SECTION 3. Extraordinary Circumstances
 The Board shall recommend to the President the grant of
executive clemency when any of the following extraordinary
circumstances are present.
 a. The trial court or appellate court in its decision recommend the
grant of executive clemency for the inmate
 b. Under the peculiar circumstances of the case, the penalty
imposed is too harh compared to the crime committed
 c. Evidence which the court failed to consider, before conviction,
which would have justified an acquittal of the accused
 d. Inmates who were over fifteen (15) years but under eighteen
(18) years of age at the time of the commission of the offense
 e. Inmates who are seventy (70) years old and above whose
continued imprisonment is inimical to their health as recommended
by a physician of the Bureau of Corrections Hospital and certified
under oath by a physician designated by the Department of Health
 f. Inmates who suffer from serious, contagious or life-
threatening illness/disease, or with severe physical
disability such as those who are totally blind,
paralyzed, bedridden, etc., as recommended by a
physician of the Bureau of Corrections Hospital and
Certified under oath by a physician designated by the
Department of Health;
 g. Alien inmates where diplomatic considerations and
amity among nations necessitate review
 h. Such other similar or analogous circumstances
whenever the interest of justice will be served
thereby."
VI. Section 4 of the Amended
 Board may nonetheless review and/or recommend to
the President the grant of executive clemency to an
minimum requirements of imprisonments:
 A. For Commutations of Sentence, the inmate should
have
 1. At least one-third (1/3) of the definite or aggregate
prison terms;
 2. At least one-half (1/2) of the minimum of the
indeterminate prison term or aggregate minimum of the
indeterminate prison terms;
 3. At least ten (10) years for inmates sentenced to one (1)
reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punished under Republic Act No.
7659 and other special laws;
 4. At least thirteen (13) years for inmates whose
indeterminate and/or definite prison terms 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;
 5. At least fifteen (15) years for inmates convicted of
heinous crimes/offenses as defined in Republic Act No.
7659 or other special laws, committed on or after January
1, 1994 and sentence to one (1) reclusion perpetua or one
(1) life imprisonment;
 6. At least eighteen (18) years for inmates convicted and
violation of Republic Act No. 6425, as amended, otherwise
known as "the Dangerous Drugs Act of 2002"; and for
kidnapping for ransom or violation of the laws on terrorism,
plunder and transnational crimes;
 7. At least twenty (20) years for inmates sentenced to
two (2) or more reclusion perpetua or life imprisonment
even if their 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
 8. At least twenty-five (25) years for inmates originally
sentenced to death penalty but which was automatically
reduced or commuted to reclusion perpetua or life
imprisonment.
 B. For Conditional Pardon, an inmate should have
served at least one-half (1/2) of the maximum of
the original indeterminate and/or definite prison
term.“
 VII. Section 5 of the Amended Guidelines for
Recommending Executive Clemency is hereby
REPEALED.
 VIII. Section 10 of the Amended Guidelines for
Recommending Executive Clemency is hereby
SECTION 10. Notice to the Offended
Party
 In all cases when an inmate is being considered for
executive clemency, the Board shall notify the offended
party or, in the event that the offended party is
unavailable for comment or otherwise cannot be located,
the immediate relatives of the offended party. Said
person shall be given thirty (30 days from notice to
comment on whether or not executive clemency may be
granted to an inmate. Provided that, in matters of
extreme urgency or when the interest of justice will be
served thereby, such notice may be waived or dispensed
by the Board. In such a case, the Board shall explain the
reason for the waiver of such notice in the Board
resolution recommending executive clemency.
IX. Section 11 of the Amended
Guidelines for recommending
SECTION 11. Publication of Names of Those
Being, Considered for Executive Clemency
 The Board shall cause the publication once in a newspaper
of national circulation the names of inmates who are being
considered for executive clemency. Provided, however, that
in cases of those convicted of offenses punished with
reclusion Perpetua or life imprisonment by reason of
Republic Act No. 9346, publication shall be once a week for
three (3) consecutive weeks.
 Any interested party may send to the Board written
objections, comments, information relevant to the cases of
inmates being considered for executive clemency not later
than thirty (30) days from date of publication.
 Provided that, in matters of extreme urgency or when
the interest of justice will be served thereby, above
publication may be waived or dispensed with. In such
cases, the Board shall explain the reason for the
waiver of such publication in the Board resolution
recommending executive clemency.
 X. this resolution shall take effect upon approval by

the Secretary of Justice and fifteen (15) days after
publication in al newspaper of general circulation. Let
copies of this resolution be likewise sent to the Office
of the President through Executive Secretary, and the
University of the Philippines (UP) Law Center
BOARD OF PARDONS AND
PAROLE
AMENDMENTS TO THE EXISTING RULES ON
PAROLE and THE EXISTING AMENDED GUIDELINES
FOR RECOMMENDING EXECUTIVE CLEMENCY
 Pursuant to Act No. 4103, otherwise known as "The
Indeterminate Sentence Law', as amended by, among
others, Sec 21 Title III, Book IV of Executive Order No.
292 dated July 25, 1987,otherwise known as "The
Administrative code of 1987", and in other to facilitate
a more comprehensive, meaningful and expeditious
grant of parole and Executive Clemency, with the view
towards advancing the principle of restorative justice
and the preservation of human life, the following
amendments to the existing Rules on the Grant of
Parole (The "Rules") and the existing Guidelines for
recommending Executive Clemency (The "Guidelines")
are hereby adopted, to wit:
I. AMENDMENTS TO THE
RULES ON PAROLE
I. a as follows: Rule 3.4 of the:
Rules is hereby amended
"RULE 3.4. Presentation to Probations and

Parole Officer Within the period prescribed in his
Release Document, the parolee shall present
himself to Probations and Parole Officer specified in
the Release Document for Supervision.
 If the parolee fails to report within FIFTEEN (15)
days from the date of his release from
confinement, the Probation and Parole Officer shall
inform the Board of such failure for the Board's
appropriate action."
I. b Rule 3.5 is hereby amended, as follows:
 "RULE 3.5 Arrival Report - WHEN THE

PAROLEE REPORTS FOR SUPERVISION, the
Probation and Parole Officer concerned shall
IMMEDIATELY inform the Board, through the
Technical Service of the Parole and Probation
Administration, of such fact BY SUBMITTING
THENECESSARY ARRIVAL REPORT."
I. c Rule 3.8 is hereby amended,
as follows:
 "RULE 3.8. Transfer of Residence - A parolee

may not transfer from the place of residence
designated in his Release Document without the
prior written approval of EITHER the Regional
Director OR THE ADMINISTRATOR, subject to the
confirmation of the Board.
I. d As a result of the immediately preceding
amendment, Rule 1.2, Definition of terms," shall be
amended as well by inserting a new subparagraph
(a), which shall read thus:
ADMINISTRATOR" REFERS TO THE

ADMINISTRATOR OF THE PAROLE AND
PROBATION ADMINISTRATION;"
Rule 3.12 is hereby amended, as
follows:
 RULE 3.12 Reports - The Probation and Parole

Officer concerned shall submit the following
reports to the Board:
 “a. A "Progress Report" on the conduct of the parolee
while under supervision;
 "b. A "STATUS 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;
 "c. An Infraction Report when the parolee has been
subsequently convicted of another crime; "d. A
Violation Report when a parolee commits any violation
of the terms and the conditions appearing in his
release Document or any serious deviation or non-
observance of the obligations set forth in the parole
supervision program."
1.f The heading of Rule 3.15 shall
be amended, as
 "RULE 3.15. Withdrawal/CANCELATION of
release Document - The Board may
Withdraw/cancel the Release Document if it finds
that material information given by the parolee to
the Board, either before or after release, was false,
or incomplete or that the parolee had willfully or
maliciously concealed material information from
the Board.
1. g Rule 3.19 is hereby amended, as follows
 RULE 3.19 Transmittal of Certified of Final

Release and Discharge -the Board shall forward
a certified true copy of the Certificate of Final
Release and Discharge of the parolee, the court
which imposed the sentence, the Probation and
Parole Officer concerned, THROUGH THE
TECHNICAL SERVICE, the Bureau of Corrections,
the National Bureau of Investigation, the Philippine
National Police and the Office of the President.
"Section 3. Extraordinary
Circumstances
 The Board shall recommend to the President the

grant of executive clemency when any of the
following extraordinary circumstances are present
 A. The trial court or appellate court in its decision recommended the
grant of executive clemency for the inmate;
 B. Evidence which the court failed to consider, before conviction,
which would have justified an acquittal of the accused;
 C. WHEN AN INMATE SUFFERS from serious, contagious or life-
threatening illness/disease or with severe physical disability, such as
those who are totally blind, paralyzed, bedridden, etc. as
recommended UNDER OATH by a physician of the Bureau of
Corrections Hospital and certified under oath by a physician
designated by the Department of Health;
 D. Alien inmates where diplomatic considerations and amity among
nations necessitates review; and
 E. Such other similar or analogous circumstances whenever the
interest of justice will be served thereby"
Section 4. Other Circumstance
 When none of the extraordinary circumstances enumerated
in Section 3 exist, the Board may nonetheless review and/or
recommend to the President the grant of executive clemency
to an inmate provided the inmate meets the following
minimum requirements of imprisonment.
A. For Commutation of Sentence, the inmate should have served:
1. At least one-third (1/3) of the definite or aggregate prison terms;

2. At last one-half (1/2) of the minimum of he indeterminate prison
term of aggregate minimum of the indeterminate prison terms;
3. At least ten (10) years for inmates sentenced to one (1)
reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punished under Republic Act No. 7659 and
other special laws
4. At least thirteen (13) years for inmates whose indeterminate
and/or definite prison terms were adjusted to a definite prison
term of forty (40) years in accordance with the provision of
Article 70 of the Revised Penal Code, as amended;
5. At least fifteen (15) years for inmates convicted of heinous
crimes/offenses as defined in Republic Act No. 7659 or other
special laws, committed on or after January 1, 1994 and
sentence to one (1) reclusion perpetua or one (1) life
imprisonment;
6.
At least eighteen (18) years for inmates convicted and

violation of Republic Act No. 6425, as amended, otherwise
known as "the Dangerous Drugs Act of 1972" or Republic
Act No. 9165, also known as "The Comprehensive
Dangerous Drugs Act of 2002"; and for kidnapping for
ransom or violation of the laws on terrorism, plunder and
transnational crimes;
7. At least twenty (20) years for inmates sentenced to two (2)
or more reclusion perpetua or life imprisonment even if their
sentences were adjusted to a definite prison term of forty
(40) years in accordance with the provision of Article 70 of
the Revised Penal Code, as amended
8. At least twenty-five (25) years for inmates originally
sentenced to death penalty but which was automatically
reduced or commuted to reclusion perpetua or life
imprisonment. (As amended by Board Resolution No. 24- 4-
10 dated April 13, 2010).
B. For conditional Pardon, an inmate should have served at
least one-half (1/2) of the maximum of the original
indeterminate and/or definite prison term. (As amended by
Board Resolution No. 24-4-10 dated April 13, 2010).
"COMPLIANCE WITH THE ABOVE-MENTIONED PERIODS OF

IMPRISONMENT SHALL BE WITHOUT PREJUDICE TO THE
RESULTS OF PUBLICATION, COMMUNITY INTERVIEW, PRE-
EXECUTIVE CLEMENCY INVESTIGATION REPORT,
INSTITUTIONAL CONDUCT, NBI RECORDS CHECK,
PSYCHOLOGICAL TEST, NOTICES, COMMENTS FROM THE
VICTIM OR VICTIM'S RELATIVES, COURT CERTIFICATIONS OF
THE NON-EXISTENCE OF ANY RECORDOF PENDING APPEAL
OR CASE, AND OTHER PERTINENT DOCUMENTS AND
FACTORS"CONDITIONS OF THE GRANT OF PARDON AND THE
CONSEQUENCES OF NON-COMPLIANCE THERE WITH, A COPY
OF WHICH SHALL BE FURNISHED THE BOARD."
Section 20. Implementation of
President's Grant of executive Clemency
 FROM THE OFFICE OF THE PRESIDENT, THE
DOCUMENT EVIDENCING THE PRESIDENT'S GRANT OF
EXECUTIVE CLEMENCY SHALL BE SENT TO THE
PRISONER, THROUGH THE DIRECTOR OF THE BUREAU
OF CORRECTIONS OR THE WARDEN OF THE JAIL
WHERE THE PRISONER IS CONFINED, COPY OF WHICH
SHALL BE FURNISHED THE BOARD.
 "UPON RECEIPT, THE DIRECTOR OR WARDEN SHALL

IMMEDIATELY IMPLEMENT THE GRANT OF EXECUTIVE
CLEMENCY."
Section 21. CERTIFICATE of
Release
 In case of grant of pardon, the Director or Warden shall, on the date of
release.
 1. READ TO THE PRISONER THE CONDITIONS OF PARDON IN THE
LANGUAGE OR DIALECT KNOWN TO HIM OR HER; 2. MAKE KNOWN TO
THE PRISONER CANSEQUENCES OF VIOLATING SUCH THE
CONDITIONS; AND 3. REQUIRE THE PRISONER TO ACKNOWLEDGE
ACCEPTANCE OF SUCH CONDITIONS AS A PRE- REQUISITE TO A
ACTUAL RELEASE. ONCE ACCEPTED, THE DIRECTOR OR WARDEN
SHALL ISSUE IN FAVOR OF THE PRISONEPA "CERTIFICATE OF
DISCHARGE FROM PRISON", WHICH SHALL INCLUDE A RECITAL OF
THE CONDITIONS OF THE GRANT OF PARDON AND THE
CONSEQUENCES OF NON-COMPLIANCE THERE WITH, A COPY OF
WHICH SHALL BE FURNISHED THE BOARD."
 1. READ TO THE PRISONER THE CONDITIONS OF PARDON
IN THE LANGUAGE OR DIALECT KNOWN TO HIM OR HER;
 2. MAKE KNOWN TO THE PRISONER CANSEQUENCES OF
VIOLATING SUCH THE CONDITIONS; AND
 3. REQUIRE THE PRISONER TO ACKNOWLEDGE
ACCEPTANCE OF SUCH CONDITIONS AS A PRE-
REQUISITE TO A ACTUAL RELEASE. ONCE ACCEPTED,
THE DIRECTOR OR WARDEN SHALL ISSUE IN FAVOR OF
THE PRISONEPA "CERTIFICATE OF DISCHARGE FROM
PRISON", WHICH SHALL INCLUDE A RECITAL OF THE
CONDITIONS OF THE GRANT OF PARDON AND THE
CONSEQUENCES OF NON-COMPLIANCE THERE WITH, A
COPY OF WHICH SHALL BE FURNISHED THE BOARD."
with Condition of Pardon
Where the President grants conditional pardon to a PARDONEE,
THE Board shall monitor the PARDONEE'S compliance with the
conditions imposed for the duration of the period stated in the
document evidencing the President's grant of executive
clemency. The Board shall also determine whether said
PARDONEE has complied with or violated the conditions of his
pardon.
To assist the Board in monitoring compliance with the conditions

imposed upon the PARDONEE, the Board shall place the
PARDONEE under the supervision of a Probation and Parole
Officer.
Section 23. Presentation to
evidencing the President's grant of executive clemency,
the PARDONEE shall present himself to the Probation
and Parole Officer concerned.
 The Probation and Parole Officer shall inform the Board

if the PARDONEE fails to report within FIFTEEN (15)
days from the date of his release from confinement.
Progress Report
 If a PARDONEE violates any of the conditions of his
imposed under the supervision program or otherwise
commits another offense during the period of his
supervision, thee Probation and Parole Officer
concerned shall immediately report the same to the
Board and shall periodically submit a Progress Report
as regards the case filed against him.
Section 26. Recommendation for Arrest of
PARDONEE FOR Violation of Conditions of
Pardon
 Upon determination that a PARDONEE has violated

the conditions thereof, the Board shall recommend
to the President his arrest or recommitment
 Upon the expiration of the stated in the document
evidencing the President's grant of executive clemency,
the Probation and Parole Officer concerned shall
submit to the Board, through the Chief Probation and
Parole Officer, a Summary Report on his supervision of
the PARDONEE
 The clearances from the police, court, prosecutor's
office and barangay officials shall be attached to the
Summary Report
 Upon receipt of the Summary Report, the Board shall,

upon the recommendation of the Chief Probation and
Parole Officer that the PARDONEE has complied with all
the conditions of his pardon, issue a Certificate of Final
Release and Discharge.
Section 29. Transmittal Certificate
of final Release and Discharge
Certificate of final Release sand Discharge to the
PARDONEE, the Probation and Parole Officer
concerned, through the Technical Service of the Parole
and Probation Administration, the Court which imposed
the sentence, the Bureau of Corrections, the National
Bureau of Investigation, the Philippine National Police,
and the Office of the President.
Section 31. Death of PARDONEE
Under Supervision
 If a PARDONEE dies during the period of supervision the Probation
and Parole Officer shall immediately transmit a certified true copy
of the PARDONEE'S death certificate to the Board recommending
the closing of the case. However, in the absence of a death
certificate, an affidavit narrating the circumstances of the fact of
death from the barangay chairman or any authorized officer or any
immediate relative where the PARDONEE resided shall suffice.
 The foregoing amendments of the Rules and the Guidelines shall

take effect upon approval by the Secretary of Justice and after the
lapse of fifteen (15) days following its publication in a newspaper of
general circulation. Let copies of this Resolution be sent to the
Office of the President through the Executive Secretary, to the
Bureau of Corrections and to the University of the Philippines Law
Center.
ACTIVITY III
Instruction: Read the statement carefully and
answer it correctly.
1. What is "Indeterminate
2. Sentence Law" all about? Explain
3. What is the composition of the Board of Pardons and
Parole and their respective responsibilities?
4. What are the rules in considering parole cases?
Explain each
5. What are the rules after the grant of parole?
6. What are the guidelines after the grant of executive
clemency?
CHAPTER IV
COMMUNITY-BASED
CORRECTIONS ENHANCING
THE ROLE OF THE COMMUNITY
IN CORRECTIONS
What do our laws say?
1. The Philippine Constitution mandates that:

the "prime duty of government is to serve and protect
the people" (Section 4, Article II); and
2. "the maintenance of peace and order, the protection

of life, liberty and property, and the promotion of the
general welfare are essential for the enjoyment by all
the people of the blessings of democracy" (Section 5,
Article II).
In the pursuit of these two mandates, the Constitution also
explicitly states that: "the State shall encourage non-
governmental, community-based, or sectorial organizations to
promote the welfare of the nation" (Section 23, Article II).
From these constitutional readings, it is very clear that the

community pillar of the criminal justice system has been a
constitutionally ingrained all-important role in the administration of
justice. That in the exercise of this role, the community-based
Non-Governmental Organizations and People's Organizations are
the communities organized, are to play a crucial role in the service
and protection of the people. The maintenance of peace and
order, in the protection of life, liberty and property and in the
promotion of the general welfare are essential for the enjoyment
of the blessings of democracy.
The framers of the 1987 Constitution, many of whom are
activist street parliamentarians in the anti-dictatorship campaign
to oust Marcos from the seat of power has realized the
importance of People Power and the need to have this
institutionalized a method of governance, as the way to prevent
the return of authoritarian regimes.
But more than this phobia which have prompted the

constitutional commissioners to give importance to the people,
is the fact that the active and organized participation of the
people in the affairs of government whose decisions affect
them. This right is a necessary ingredient to prevent
misgovernment and ensure that the people's opinions are
considered in decision-making. This is the essence of
democracy if we follow its accepted definition that it is a
government of the people, by the people and for the people.
The Supreme Court has laid down the philosophy thereof.
"The role of non-governmental organizations or what we may

call, in a way, the mobilized sector of the community pillar in the
criminal justice system cannot be overemphasized vis-à-vis
their telling impact on the rest of the criminal justice system. In
the absence of a militant public to exert pressure on
prosecutors, judges and all personnel to speedily prosecute
cases"...nothing will happen.
Our Revised Medium Term Development Plan for 2001- 2004

has singled out the organization and empowerment of the
community as the most effective antidote to violence and crime.
There can never be a surer way to reform than that which
comes from the community itself. And there is no power more
feared by the criminal elements than an organized, active and
militant empowered community.
2. In compliance with these laws, what is
our government doing?
The President who succeeded the late President

Marcos, Corazon C Aquino, has made People Power
the centerpiece of her Administration. The next
President who succeeded her, Fidel V. turn also
adopted as the call of his administration, People
Empowerment. This concept of mobilizing empowered
Ramos, in communities to push the country's
development agenda including the control of crime has
been continuing to this day. It is, however, unfortunate
that after almost seventeen years the blueprint has not
completely been carried out with.
 On the economic front, our country continues to be a minor
contender in Asia. In the peace and order front, we continue to be
the forerunner. We have three Muslim separatist groups that
continue to strongly challenge our government despite massive
military campaign against them; the Moro National Liberation
Front - Renegade group under Nur Misuari, the Moro Islamic
Liberation Front and the Abu Sayyaf that continue to mock and
laugh at our military despite the training and assistance they
received from the United States military. In all the other areas of
the country, the Communist Party of the Philippines-New People's
Army-National Democratic Front (CPP- NPA-NDF) continue to
wage the longest running Marxist insurgency in the world. And
most alarming of all, despite its recent split and factionalism, it
was able to consolidate its forces and now is beginning to grow.
 Not only that, we also have become the Columbia of Asia in

terms of the magnitude of the drug problem. Drug addicts are
now in every nook and cranny of this country not sparing even
the remotest barangays.
 In the pursuit of these constitutional principles, the participants to the
3d National Summit on Peace and Order held in February 1995
realized that peace and order could only be achieved through the full
support and active participation of the organized people at the
grassroots. And the mechanism to achieve this is the sustainable
implementation of all Sectoral Action Plans for Moral Recovery
Programs through the activation of the barangay concept to make it
more relevant in the conduct of national affairs.
 Six years later, the Technical Committee on Crime Prevention and

Criminal Justice of the National Police Commission continued to
pursue the same democratic, people power principles in the
prevention of criminality. This committee prepared the National Crime
Prevention Plan for 2001, which called for the strengthening of
available institutions and mechanisms of government at the local level
to promote partnership with the community in crime prevention and
control. Such institutions and mechanisms include among others, the
Barangay Justice System, the Peace and Order Councils, the
Barangay Anti-Drug Abuse Councils, the Crime Prevention Councils in
schools and barangays, the National Crime Information System and
Patrol 117.
 Under this National Crime Prevention Plan 2001, the
Department of Justice is mandated to continue maintaining
close coordination and partnership with the Department of
Interior and Local Government in providing training for the skills
enhancement of Barangay Chairmen and Lupon
Tagapamayapa members in their arbitration and mediation
work.
 Through this project, Lupon members and Barangay Chairmen

will be armed with the skills and knowledge to settle disputes
which, in turn, will go a long way towards lessening the
mumber of cases entering the already overloaded prosecution
court and corrections pillar. The bottom line of this is a great
reduction in budgetary requirements, which the government
can по longer afford to sustain in the prosecution of cases and
treatment of inmates.
 Towards this end, it would be wise if the Barangay and Lupong
Tagapamayapa members are also educated on the concept of
restorative justice so that in the settlement of Chairmen disputes, the
element of reconciliation, elimination of ill-will and reconciliation of the
litigants is not lost. There are many cases where litigants, even though
their disputes were already settled, are not satisfied and seek revenge
eventually, which can only mean future court cases.
 The National Crime Prevention Plan 2001 also called for the promotion
of honesty, responsiveness and efficiency in the enforcement of law and
order and to foster a crime-free society. To realize these objectives, the
Plan calls for the upgrading of the individual capabilities of the agencies
in the criminal justice system through reform measures geared towards
restoring integrity and respect for the rule of law, and speeding up the
disposition of cases. In its implementation, the Plan recognizes that this
is not solely the function of the government. The task of the
govemment, says the Plan, goes far beyond the mechanism of law
enforcement but involves the importance and greater participation of the
community for effective social defense.
 Community involvement is a necessary crime prevention
ingredient in the effective treatment and rehabilitation of
offenders. The active and serious involvement of the citizens
is essential if crime is to be substantially reduced. Public
participation has to be mobilized and energized to help the
authorities in effectively addressing the law and order
concerns of the local citizenry.
 This call by the National Crime Prevention Plan 2001 is not

something new, however. In fact this was only a re-echo of a
much earlier document: the 3rd NATIONAL SUMMIT ON
PEACE AND ORDER, HIGHLIGHTS AND OUTPUTS held on
February 16-17, 1995. This Summit came up with a Platform
of Action for Reforming and Strengthening the Criminal
Justice System, which is a 'declaration of commitment' of both
the public and private sectors of society.
 The plan of action has as one of its visions, the utilization of
people empowerment and political will to create change develop
disciplined individuals, and strategically restructure the system. It
is issue-based, development-oriented, relevant and responsive
to the present demands of the citizenry. All these underscore the
important role that the community plays not only for effective
corrections but for the entire criminal justice system as well. In
fact, it is not only important, it is the only way to effectively and
cost-efficiently contain the scourge of crime.
 Through all these, it cannot be denied that the community as

one of the pillars of the criminal justice system is supreme
among them. Among the pillars of the criminal justice system, it
is the community that has the distinction of being "primus inter
pares," or first among equals. It is not to be forgotten that
sovereignty resides in the people, and a democratic government
is one that is a government of the people, for the people and by
the people.
 Not to be forgotten too is the fact that criminals are bred
and nurtured from the ranks of the community. It is but
incumbent, therefore, that the community should be
assigned bigger and greater responsibility in the prevention
of crime, resolution of crime and treatment of offenders.
 The law enforcement pillar is already well underway in

involving the community in the prevention and enforcement
of the law. They have the police-community relations, the
Community Oriented Policing System or COPs, and many
others. In fact, the involvements of the community in the
barangay through the barangay tanods who are purely
civilians are already institutionalized.
 Truly without the active involvement of the community, the

criminal justice system would simply not work.
3. Improving offender-family relations
to improve treatment
 The family is the basic unit of society. Whatever fate befell the
family also befell society. If the family is in trouble, so too, is
society in trouble. If it is ruined, society is also ruined.
 Criminological trends worldwide unmistakably show that social

services and corrections are undergoing a paradigm shift- from
the individual offender to the family of that offender as the focus in
the treatment of offenders. The family also suffers for the
incarceration of a member. Positively involving them in corrections
would surely increase the success of rehabilitation and treatment.
In order to succeed in enlisting the family, however, we should not
be negative-minded invoking only the weaknesses of the family
and not its strengths. In such case, progress will not be made, but
will only become an impediment to effective corrections work.
 In 1983, the first national organization to focus on the
families of offenders was formed in the United States with
the support of the National Institute of Corrections. This
organization is called Family and Corrections Network
(FCNetwork) and was founded by Jim Mustin, at that time a
training specialist at the
 Virginia Department of Corrections Academy for Staff

Development FCNetwork is a non-profit organization serving
as clearinghouses of information to inform, support and
offenders' families and maintain their ties with the
incarcerated member. In addition, FCNetwork is also into
active lobbying and advocacy work to influence public policy
to promote pro-family policies in corrections for the benefit
of the families of offenders.
 FCNetwork believes that the family of the offender is
important to the offender, to the family itself and to the
community. It is therefore, important that the family should be
strengthened to allow the offender to participate in family life.
 Mustin was moved to establish FCNetwork when he found

that information for and about families of offenders are almost
non-existent. Mustin, who is now FCNetwork Executive
Director, believed that rates of recidivism, which is rather very
high in the United States, due to lack of support from families,
could be reduced if the offender's ties with family is
maintained. The inmate needs to be seen and also see his
loved ones so that he will not deteriorate into a hardened
offender and recidivist who will be prone more to spending
his life in crime and incarceration rather than striving to
become a productive and law-abiding citizen.
 One jail facility that picked up the idea of involving the family is
the Licking County Jail in Newark, Ohio, which is worth
mentioning here. One of its innovative treatment programs for the
facility residents is to bring in the separated family of the inmate
so they could spend time together two times a week. In these
visits, the family creates leaming and bonding opportunities
aimed to make the family intact and serve as a useful mechanism
for successful re-entry of the offender to the community.
 The American Correctional Association in one of its Policies and

Resolutions for the year 2002 is to work for public corrections
policy that will engage the family, whenever practicable, in the
development and implementation of treatment program for their
incarcerated family member. This is a very wise move
considering that no expert sociologist or psychologist will be able
to fathom and understand the offender deeper and more
accurately than the understanding of the family he grew up with...
4.How do we harness the
community for corrections work?
It is truly lamentable that the communities comprising Philippine
society today can no longer be considered communities in the
strictest sense of the word. The concept of bayanihan has
become a thing of the past. Yes, we continue to cherish bayanihan
but we no longer practice it. There is so much disunity, backbiting
jealousy, and pride towards one another. Neighborhoods no
longer exist. We have become afraid to be our brother's keepers
so that crimes continue to proliferate even in broad daylight.
Criminals know that most of the people have become a bunch of
cowards that they ply their nefarious trade without any tinge of
fear that people who witnessed their dastardly acts will stand as
witness against them in court. And for the few exceptions, the law
even has to pass a Witness Protection Program to protect
witnesses against criminals who have become too bold.
 Disunity rather than community now characterizes our communities more than
ever. Many factors have contributed to this, one of them is that most of the
people have become too preoccupied with earning a living because every day it
is becoming harder and harder to survive. They have to devote longer hours of
work. And the others who have enough sustenance instead of devoting some of
their time and energies to strengthening the community are too busy easing
more because they have become preoccupied with becoming rich. Yes to be
rich has become a status symbol. A source of honor instead of shame for taking
more than what can be consumed. This acquisitive in turn is being emulated
from the affluent society who is the cause of widespread poverty and loss of our
sense of community that makes it easy for crime to thrive.
 Our lack of appreciation for community is being rationalized as our right to

privacy. When we can afford it, our houses are double padlocked, our lot are
fenced too high and when we can afford a car, we have its glasses tinted so that
we can be safe from the prying (or is it frying?) eyes of others. We call this
privacy? No it is siege mentality, which is the aftermath of losing our sense of
neighborhood or community. It is the result of a strong sense of insecurity and
distrust, of playing safe brought by the lack of peace and order.
 This strong sense of distrust can be traced also to the presence in our
midst of law enforcers who have become a disgrace to their uniforms.
Instead of protecting the people from criminals, many of them have
become criminals preying on the people. To bring back this sense of
community, the criminal justice system should be made the prime
agent to turn back the tide. First there is a need to refurbish the
negative image of those involved with the criminal justice system.
They must show themselves, especially the cop in the block who is at
the forefront of the community, to be truly professionals, courteous and
respectful, humble, capable in going after criminals, honest, sincere
and ready to be of service to the downtrodden. They must be seen
and perceived by the community as defenders of the oppressed not
the protector of oppressors and oppressors themselves. Only in this
way, will we be able to get back the confidence of the people.
 Once we have won the people's support, they will become we and
supportive to whatever good the criminal justice will ask them to do.
Let us take this as opportunity to pe and mobilize them for community
protection against and against unscrupulous traders and businessmen
who are ing and impoverishing the people.
 The community should carry a greater responsibility in
actions. After all, it is from them that criminals emerged.
Some und of a collective responsibility to pay for a collective
guilt in me how contributing to the emergence of the criminal
is just one of the justification for involving the community.
 Preventing crime can only be achieved when the 5 pillars of

the Criminal Justice System, each on their own, are effective
in achieving their missions. If one fails, the entire CJS falls
like a house of card or like castles built on sand. Some kind
of a collective responsibility should be assumed for this
collective sin for having produced offenders from among their
midst. If for this alone, the community should carry a greater
responsibility in corrections.
 Preventing crime can only be achieved when the 5 pillars of
the Criminal Justice System, each on their own, are effective
in achieving their missions. If one fails, the entire CJS falls like
a house of card or like castles built on sand. Some kind of a
collective responsibility should be assumed for this collective
sin for having produced offenders from among their midst. If
for this alone, the community should carry a greater
responsibility in corrections.
 What is most pressing is that without the active involvement of

the community, criminals can afford to throw down all caution
to the winds when they see that the community is apathetic,
unconcerned or even afraid. What is needed is critical mass
and one of the pillars of that critical mass are the critical
thinking citizens. As the saying goes; "Magtatagumpay ang
ilang masasama kung ang nakararaming mabubuti ay
magsasawalang kibo
 The best approach is first to organize the people who become
critical of government wrongdoings. If we do not do this, the
community organizations formed will only be just paper
organizations at the beck and call of those who organized it
Criticism is the force that prevents the evil urge of people and if
we prevent this evil urge, then, society will become better.
 Since the dawn of criminological history, most of the

approaches in solving the problems posed by violators of the
social norms are focused on isolating the offender and
punishing him as a way to exact vengeance for what he had
done. This was due to the then predominant, although today, it
is still prevailing concept that the offender alone is the root
cause of his problem. This concept puts responsibility squarely
on the inmate. Victim blaming, however, has shown that this did
not deter crime. Victim blaming will only cause division and
animosity in the community, which are contributory to the rise in
criminality.
 Most offenders have no sense of belongingness to their
communities and do not appreciate their value to the community.
They do not realize that crime hurts everyone including themselves,
their families and the community at large. On the other hand, we
have a community that do not regard the offender as one of them
without understanding that by engaging in a life of crime, this
offender that they ostracized has also affected the community
members, their families and loved ones and even themselves
personally too. So crime is a two way process that affects everyone
and that needs to be understood by everyone before it can be
exorcised from the community. It is important for inmates to feel
that the public has not forgotten them.
 Of particular concern are the local jails. The community should be

concerned about the operation of local jails for several reasons.
First, the budget for local jails consumes a substantial portion of the
Internal Revenue Allocation of the local government unit. Second,
the majority of jail inmates come from the very community where
the jail is situated and it will be to these communities that the
inmate will return to upon release.
 This fact forces the successful rehabilitation of the inmate not
merely as a criminal justice problem but as a community
problem requiring the community itself to be mobilized for this
purpose.
 The fields of sociology and psychology are making inroads

leading to the realization that incarceration and punishment
are not producing the intended effects. Now, there is an
emerging school furthered by advances in the fields of human
and community development that altering the behavior of
entire communities was a more effective approach. This
approach, which is gaining wider acceptance from criminal
justice practitioners, is described as building healthy
communities.
 The task of corrections does not merely involve correcting the
offender but also involves restoring the ties between him,
community, and rebuilding solid family ties. These tasks require
not only correcting the individual offender, which has been the
overriding focus of treatment programs for offenders. It likewise
involves changing the community and mobilizing the community
itself for this task.
 Building healthy communities is a remarkable development

process using the strategy of structured organization in
mobilizing people to address and take care of problems
affecting their respective communities such as criminality,
rehabilitation and treatment of those violating the accepted
community rules. It invokes the Biblical concept that "we are our
brothers' keepers." It promotes a strong sense of volunteerism
that can only be achieved through shared experiences, common
awareness and visions for the community. It involves
awakening, nurturing the spirit of patriotism and love for country
among the people.
 A good example to cite is the experience of the Licking,
County Jail in Newark, Ohio. This facility demonstrates
the wisdom of enlisting the active partnership of the
community to enhance professionalism and improve
operational efficiency. This jail is one of 14 facilities triple-
accredited by the American Correctional Association in
the entire United States. While still in the planning stage
for the construction of this facility about two decades ago,
it was already considered that this jail would operate in a
manner different from the traditional means of
incarceration. To realize such, requires a wide range of
meaningful treatment programs for the inmates, who in
turn, need the active participation of the community.
The Licking County Jail has an average population of 150 inmates.
But its effectiveness is drawn from almost 250 individuals who are
either volunteers working for free or support personnel paid in full
or part-time basis by various outside agencies and organizations
with whom the jail is networking with. Inmates are closely
monitored and have appropriate programs for their rehabilitation.
They are made possible due to the presence of these volunteers
who also provide community linkages to give them trainings while
inside. The community supports them upon release so that the
offender will be able to successfully reintegrate himself into
mainstream society.
 Successfully harnessing the community towards these efforts require
building a broad alliance or coalition linking people and organizations
within a community for the common purpose of solving the problems
of criminality. Towards this end, experienced facilitators and
community organizers are needed to bring this about. Without them,
a coalition may only be a coalition on paper or it may be an existing
coalition that is only good at meeting and making plans but not
competent enough when it comes to implementation.
 Before a community can be mobilized to become an active and

strong pillar, there is a need for that community to be organized first.
Then have it registered either as a People's Organization (PO) or a
Non-Government Organization (NGO). Registration could either be
with the Securities and Exchange Commission for non-profit, non-
stock entities. The Bureau of Rural Workers of the Department of
Labor and Employment for rural workers, the Cooperatives
Development Authority if the organization is a cooperative, or with
the Housing and Land Use Regulatory Board if it is an urban poor
association.
 Registration gives the organization a juridical personality to
perform any legal acts or actions. This includes official
participation in legislative hearings to discuss proposed laws.
Engage in mass actions such as rallies, marches and
demonstrations if the anti-crime campaign is not getting any
positive response from the government.
 Before a community can be organized there is a need for its

members to be given education in order to raise their social
and political awareness. This will make them understand and
see the necessity for an active, organized community in the
fight against crime and in the rehabilitation of offenders. A
strong spirit of volunteerism should surface in the community
and can only be achieved through awareness building and
conscientization process. Part and parcel of this education
process is the realization by the community that effective
treatment and rehabilitation of offenders ultimately benefit
everyone.
Community education should employ an aggressive proactive
strategy to create a critical mass of public opinion necessary in the
fight to effectively eradicate crime. The more dynamic and
diversified the community education strategy, the greater its
influence on public perception. The greater the favorable public
perception, the easier to activate volunteers who will not only
mobilize in the fight against criminals but also in the conduct of
education and conscientization. In the recruitment of other
volunteers, the organizing of community groups and in mobilizing
these groups to contain crime, one aspect of which is the non-
institution based treatment of released offenders.
 The importance of educating and building the awareness of the
public is, in fact, one of the recommendations forwarded by the
American Correctional Association to improve corrections work. It
sees the need for justice officials and agencies to make the public
aware that it is in their best interest to promote, support and
participate in. The fund of those programs have already been
proven effective in preventing delinquency and producing healthy,
positive, and socially responsible children and adolescents.
 Without public support, success is very difficult to achieve. And

without success, the community will not be free from the
depredations of criminal elements. So it is very important that the
public be aware that effectively correcting wayward members is to
their best interests. Corrections officers must devote a substantial
portion of their time, skills and resources in explaining these
principles to the public.
 Community education enables the corrections pillar to put its
best foot forward and shatter the negative stereotypes that
had been attached to prisons, inmates and even corrections
officers. Community education will enable the corrections
pillar and the entire criminal justice system that are to get a
favorable perception that would surely help a lot in effectively
pursuing its goals.
 Since 1979, the Illinois Correctional Association (ICA) has

been reaching out to the public to educate them on the
importance of the correctional system to the community and
the difficult problems encountered in this kind of work. ICA
invested heavily public relations to educate people about
corrections and change society's negative perceptions. The
idea that a favorable on public perception will mean support
for its work and that this, in the long run, will spell benefits for
the public.
 Community education starts with information education campaign done initially
through film-showings in schools, in community assemblies, and any other
appropriate gatherings. It includes the distribution of written contextual
information: annual reports, newsletters, and supplemental information
brochures, press releases and media interviews. Correctional officers should
be readily available to provide this information verbally to community and
political organizations during formal and informal meetings.
 Writing and talking to disseminate information about corrections are not

enough. The public must be invited to move from being an "outsider" to being
an "insider" status by entering and experiencing the corrections environment
often dubbed as "the cemetery of the living dead." This transformation of
status can be accomplished by bringing the community into corrections and
corrections into the community. Only through direct feel and actual experience
of the prisons and mingling with offenders can the negative, stereotyped
images, misconceptions and prejudgments be effectively shattered.
 Bringing the public inside prison facilities is an interactive approach
designed to specifically target "outsiders" and accord them the
opportunity to familiarize and acquire deeper insights and
understanding of the situations facing correctional officers and
offenders. Of particular value are open houses on special occasions
for media practitioners, political officials (especially those hostile
toward corrections but holding positions that are valuable to
corrections and the criminal justice system),prosecutors and judges,
local business professionals, academic community, church leaders
and special interest groups that view themselves as correctional
watchdogs.
 Legislators, media personnel, churchgoers and educators require

special attention because of their potential to influence public
perception on a large scale and by their moral standing in the
community. In these open houses, the families of inmates should
also be available to be able to present their sides in a programmed
and structured manner to get the maximum yields in terms of
creating a favorable public opinion that could produce a groundswell
of support.
 Some effective approaches to bringing corrections into the
community require common sense but innovative techniques.
As the popular saying goes: "If Mohammad cannot go to the
mountains then let the mountains go to Mohammad."
Corrections officers should be proactive and go out of their
way to domesticate unfavorable public opinion.
 Through these projects, wonderful opportunities are provided

for an interactive cooperation, working together of the inmates
and the community. This is very effective in fostering
familiarity, friendship, favorable public opinion for the inmates
and the corrections service. These community activities could
also be capped by allowing the inmates to perform cultural
programs and speak to the audience to explain their situations.
To achieve maximum impact, maximized media coverage
should be worked on.
Towards this end, it is advisable for Corrections authorities to
organize and train a Speakers' Bureau composed of minimum
security and qualified inmates able to present and explain the
sides of corrections eloquently.
This speaker's bureau could then be made to speak in schools

among school children and the youth. The inmate speaker
would appear in class in their inmate uniform complete with
handcuffs and then ask the children and the youth if they want
to spend their future behind bars and carry the stigma of an ex-
convict. The inmate will talk about the circumstances that led to
his incarceration. How he was disrespectful and disobedient to
his parents. How he became truant in school. How he spent his
time with his barkada’s and his allowance on gambling, booze
and drugs. How he went into trouble with the law because he
was pressured by his gang mates to steal or kill otherwise his
gang mates will gang up on him.
 The inmate will then proceed on to talk about the
hardships and loneliness of life behind bars, about the
high incidence of suicides in prison, about how their lives
were destroyed, how they lost their friends, family and
how they miss their children. The inmate will talk about
how society and the economy became severely affected
because so many people have become like him. That
peace and order became a problem and made the
people impoverished because of this. This kind of talk will
surely discourage potential offenders among the
audience and contribute to the reduction of crime.
 This is the way that prisons should be brought to the
consciousness of the public instead of being isolated like
the imprisoned inmates. They should become a vehicle
for educating the youth to avoid the misfortune suffered
by their less fortunate fellowmen. And they should also
serve to educate the public on the causes of crime and
how it affects their way of life.
 To enhance effectiveness of corrections, members of the
North Carolina Correctional Association (NCCA) reaches
out to the community and correctional colleagues through
participation in state-run mentoring program, giving
scholarship awards to poor youths who want to acquire
college education and engaging in disaster relief
operations to victims of calamities. By giving something
back to the community where they are working, these
corrections officers are in fact creating a favorable public
opinion that would be valuable in the success of their
work.
 Success or failure of corrections work will always be
measured in terms of public perception. Success in this
arena can greatly make possible the availability of
financial, material and human resources necessary to
carry on the work. Corrections officers who neglect
cultivating this public will surely face difficulties, which
eventually will exhaust the energy and effectiveness of
corrections officers to succeed in their work. Many
corrections programs with exciting potentials to succeed
miserably failed because of the resistance of public policy
that was brought about by the resistance of public opinion.
Good public policy is essential for the success of any
program much more so in the corrections pillar.
 But most of the time, solid public opinion is more of liquid
perceptions that were emotionally influenced and shaped
by media. This brings us to the important role that media
plays and the fact that media must not be forgotten or set
aside in corrections work. Sensational media stories,
which are also, fueled more by subjective emotions rather
than concrete and professional analysis can make knee-
jerk recommendations to solve the problems of
criminality.
 In the efforts to enlist the support and participation of the
community, the role of the media is extremely important
for two reasons. One is that the media has the capacity to
reach out to the widest segment of the population.
Secondly, the media is a very strong force in the
formation of public opinion. The media presents
opportunities that can lead speedily, easily and surely to e
positive image and increased public support.
 Unfortunately, corrections authorities have neglected or has
been weak in allocating resources, time and effort to get the
media to portray a more pleasant jails and prisons. Because
of this neglect, media has portrayed corrections in a very
negative light. This image problem of corrections became its
Achilles heel why it cannot get satisfactory funding and
policies to enhance the effectiveness of corrections work.
 Look at the death penalty in the Philippines. First it was
abolished in the time of President Corazon Aquino
because of media influence but was restored by
Congress years later because of the same media
sensationalism in crime reporting. Now, there is again a
very strong clamor to re-abolish the death penalty for
having shown that its effectiveness as a deterrent to
crime is highly questionable. Media and public opinion
have one thing in common; they are both emotionally
based and mutually fueled by each other. Considering
that public opinion is just the offspring of media, this is no
surprising at all.
 But it is not easy to tap the media to become a force in
corrections work. For one, there is lot of corruption in the
media. Envelopmental journalists abound. They are
known in the profession as the ACDC media men. ACDC
means Attack and Collect, Defend and Collect. A
journalist attacks somebody by writing unfavorable
stories on that somebody because he was paid. The one
attacked in the press will also pay a media man to
defend him in exchange for a fee.
 And let us not forget that it is the media's sensationalism
and propensity for the negative that has put corrections in
a very bad light. Irresponsible, shady characters that tend
to corrupt the people and make them irresponsible
infiltrate the media. They glorify criminals. They engage in
pornography under the cover of press freedom. Just look
at the front pages of tabloids and magazines that print
virtually nude women. Just look at the noontime soap
operas in TV who produce shows that leave a very bad
taste in the mouth.
 But the greater danger is that these shows are watched
by millions of young impressionable kids. The
irresponsibility of media tends to make the youth
become more and more violent TV has taken more time
of the child than the parents who are too busy earning a
living. If children are like that, it is because parents have
left them to day care centers, media and the schools.
They could not experience love which only the parents
especially, the mother can give.
 Instead of them playing their role of countering what is
morally evil, they are even the purveyors. The media
should be reigned when it comes to pornographic
literatures, unverified reporting and rumor mongering but
not their critical thinking and exposure of anomalies and
corruption in government. So what is needed is to make
use of the media to the maximum while at the same time
exerting efforts to correct the bad influences of media.
6. Instilling spirituality and
moral recovery program
as one way of reforming
the offender and society
 It is an accepted fact that society is also
responsible for the incidence of crime. When our
social values are eroded, people lose any
compunction to commit crime. To prevent crime, it
is a must that its breeding ground, the society, be
cleansed.
 At this time when Philippine society has been so
influenced by the moral depravity and decadence
of Western civilization, the only way to counter this
is through a morality renewal that will target the
entire society.
 Institutionalizing and intensifying, a moral regeneration
program in society that will target the very young can
achieve correcting society as a means to correct
criminals. The curriculum in the schools for values
education is a passive one; it is not enough to make our
people morally upright.
 The government, however, is not the ideal institution to

implement this. In fact, during the administration of
President Fidel Ramos, a Moral Recovery Program was
implemented that lacked the necessary political will.
Unfortunately, however, nothing substantial came out of
this program.
 The most ideal groups to tap in this effort are those who
belong to the religious sector. The Church is the moral
guardian of society. It is but natural that the task of
recovering the morality of our people should be initiated
by the Church. And the church will be forced to take this
obligation if offered by the government due to a passage
in the Bible that says whatever you did to the least of our
brethrens, the prisoners being one of those specified in
the Bible, you did it for God.
 The Church and its teachings are also valuable at the
micro level. When all else fail in the work of
rehabilitating the offender, the last weapon is to instill
the fear of God. Enhancing the spirituality of the
inmate is a most potent weapon in corrections.
Religious teachings focus on the basic theme of belief
and reliance on an all-powerful but all-merciful God, as
opposed to belief in oneself. This focus leads to
positive life-changing values, attitudes and behaviors.
Belief in God makes one to follow the rules even with
nobody looking. But if a person does not believe in
God, even if many guards are assigned to watch that
person, he will commit crime at the slightest moment
he sees the chance.
 In Vancouver, Canada the Correctional Service
Canada (CSC) launched a project called Community
Adult Mentoring System (CAMS). The project assigns a
suitably screened and trained volunteer who act as
mentor to a newly released offender. These mentors
mostly came from Church people and they complement
the parole officer who still exercise overall supervision
and monitoring of release conditions. Months before
release, an inmate will already be assigned a mentor
who will work with the soon to be released inmate in
making realistic plans for his reintegration to
mainstream society.
 And once outside, the mentor will ensure the provision
of the necessary community support starting with
church members. The mentor act as a support network
to advise and assist the newly released offender in
various ways such as finding employment, getting
adequate housing, applying for driver's licenses, social
security registrations or backfilling of income taxes.
 This mentoring program is a way for the community to
help offenders get back on their feet while at the same
time helping the community to heal itself too since the
program adheres to principles of Restorative Justice.
And most of the volunteer mentors come from religious
groups and they are supported by law enforcement and
corrections agencies.
7. The schools should
complement the Church
 Another social institution that should be tapped in the
habilitation of offenders and also the rehabilitation of
society are the schools.
 The Schools shall not only teach the youth subjects
that will enable them to acquire skills such as reading,
writing, science, technology and math subjects. It is
also important that students are taught values of
makatao, makabayan, makakalikasan and maka-
Diyos. These teachings will go a long way towards
making a man law-abiding.
 One good example of such a program is the Teens,
Crime and the Community (TCC) introduced in the
United States in 1985 by the National Crime
Prevention Council and Street Law Inc. Through a
combination of education and community action, TCC
has reached out to more than 1,000 schools,
communities and juvenile justice facilities nationwide
since its creation. TCC makes the youth understand
the effect of crime on the community and how to
prevent it. TCC uses positive reinforcement that avoids
labeling the youths as "delinquents" or "deviants," and
instead focuses on making the youths aware of the
impact of crime on their schools or neighborhood then
challenging them to come up with action project to deal
with the problem.
 A core element of TCC Program is its community
linkage. Wide-ranging types of resource persons
which include police officers, conflict mediators,
prosecutors, judges, corrections officers, victim
assistance counselors, media men and
businessmen help the youths establish linkages
with various agencies and leaders who would be of
help in making the youths realize the plan they
came up with. Even churches, schools, youth
clubs, jail facilities and community centers have
sponsored many projects proposed by the youths
to solve crime problems in their respective
communities.
 Inviting an inmate to talk about his experiences
like; how re the object of ridicule from their
classmates and his children are barrio mates, how
his future and the future of his family was
destroyed because of his imprisonment.
 This will go a long way towards discouraging the

youths from engaging in acts and activities that are
against the law like being involved in drugs and
many others.
The business community should
also be tapped to provide livelihood
in and outside prisons
 The business community is a highly valuable
partner in the rehabilitation and treatment of
convicted offenders. It has everything needed for
an effective corrections work: funds, human
resources, skills, product, employment, etc. And it
will be valuable in training inmates and giving them
life skill experiences that will surely prove valuable
in their effort to successfully reenter society upon
release.
 In the United States, Congress established the
Prison Industry Enhancement Certified Programs
(PIECP) in 1979 to encourage state and local
governments to create inmate employment
opportunities and to establish commerce within the
prison environment. This program allows prison
industries to market to interstate and intrastate
consumers. This program enabled business to
become active in corrections work.
 Just one of those businesses that participate in the
PIECP is the Corrections Corporation of America
(CCA), which initiated the computer repair and
upgrading program at the South Central Correctional
Center in 1995. Since the program started, 8,000
computers worth $800,000 have been repaired and
turned over to various public schools in Tennessee for
the use of students. Today, 300 computers are being,
repaired and/or upgraded every month.
 The project involved CCA, the Tennessee Education
Department and South Central Correctional Facility.
It started when the Education Department started a
computer course pilot project for inmates at the said
facility. The computers are discarded by various
state agencies, which are turned over to the Surplus
Property Division of Tennessee. The Surplus
Property Division in turn forward these to the South
Central where inmates trained by the Education
Department clean, repair and upgrade these
computers
 The student gets to use a computer, the CCA
earns, and the state saves, Inmates benefit the
most because the project gave them the
opportunity to be busy, earn wages and learn a
marketable skill upon release. The program
enables inmates to pay taxes and court-mandated
penalties, support their families and save
something for their use upon release. In addition,
the project creates a positive image for the inmates
from the school children and the community, which
will translate into a more favorable condition for
corrections.
 The scheme fit the overall corporate strategy of
CCA to arm inmates with skills that they need in
order to successfully reenter mainstream society.
 Unfortunately, the participation of the business

sector in the treatment and preparation of inmates
for eventual release to society is not that advance in
the Philippines as those in the United States. The
main reason for this is that corporations are very
interested to participate in corrections work in the
US because there is full employment there and that
inmates are a source of cheap and strike free
workers. In case of sickness or disability or death,
the employers are not responsible because it is the
prisons that take care of these matters.
 In the Philippines, this is not the case. Employing
inmates would not be advisable because this will
deny employment to others who are on the outside
who are jobless. If inmates will be employed while
those outsiders who are law-abiding are not will
surely give rise to problems. One of the potential
problems is that those unemployed in the outside
society may resort to crime so that when they are
imprisoned, they will be given employment This is
not far-fetched, considering that many released
offenders willfully commit another crime upon
release so that they will again be returned to prison
where they do not have to worry about where to
spend the night and where to get the next meal
 But this should not be a pretext for corporate people
to shriek from their responsibilities as members also
of the community. There are other innovative ways
that needs to be done in the Philippine corrections
system without having to copy practices in other
countries whose circumstances are vastly different
from the circumstances obtaining in our country. For
one, businessmen may use their expertise to train
inmates on various livelihood projects then help
these inmates start livelihood project while inside the
facility and then extend further help in the marketing
of inmates products. Upon release, the corporate
people will still provide support for a certain period
until such time that the released offender has
successfully transferred his prison livelihood project
in the free society.
10. More recommendations
for a more effective
community pillar in
corrections work
 In the light of the implementation of the General
Agreement on Tariff and Trade worldwide,
privatization will now become the rule of the day.
Government will be barred from providing services
to the people because this should only be done by
private business. Along this line, government
owned or controlled corporations like PETRON,
PAL, PNB, MWSS and many others have already
been privatized. So are many government
hospitals. Soon, state colleges and universities will
follow suit.
 In the light of the implementation of the General
Agreement on Tariff and Trade worldwide,
privatization will now become the rule of the day.
Government will be barred from providing services
to the people because this should only be done by
private business. Along this line, government
owned or controlled corporations like PETRON,
PAL, PNB, MWSS and many others have already
been privatized. So are many government
hospitals. Soon, state colleges and universities will
follow suit.
 Then after that, the National Housing Authority, the
National Food Authority, the National Power
Corporation will also follow. The National Printing
Office and 13 other government agencies have
already been abolished, outwardly because of
purported lack of funds but in truth, it is more in
keeping with globalization and its concomitant
privatization. Soon the Department of Social
Welfare and many others will be abolished too.
Eventually, even the prisons will not be spared this
privatization fever.
 Towards this end, the government should strive to
be one step ahead so that it will not be constrained
by sudden changes when the time comes. So that
instead of the businessmen swallowing all these
government agencies, they should be given to
NGOs. As a first step the following should be
adopted so that the government will not be caught
with its pants down:
 a. Overall, corrections should be community-based

with Non-Governmental Organizations, People
Organizations, the Local Government Units, the
Church, the Schools, business and civil society
playing an active and decisive role;
 b. A citizen's movement for the criminal justice
system should be formed in tandem with the 5
pillars doing all they can to strengthen this
movement as the backbone of a pro-active,
preventive, rehabilitative and restorative
community-based corrections. In this way,
corrections will be expanding beyond its mandate
of correcting the wayward members of society but
correcting a wayward society itself so that
exceptionally few wayward members will arise;
 C. Probation should be handled by NGOs who
should conduct regular house calls, probationers'
families, friends, neighbors and the very
community at large.
 D. Convicts that are not hardened and with a lot of

promise in being rehabilitated will render
community service instead of going to prison. This
will be under the supervision of NGOs not
government who may not become effective
because of bureaucracy or pressure from
politicians or the top.
 e. Post-release programming is the role to be
played by the 5th pillar of the criminal justice
system, the community. This can be done through
an NGO;
 f. Increased community participation through the

NGOs. Channel the budget to NGOs who will be
the one to undertake rehabilitation, and make the
convict earn to pay for his upkeep and paying his
victims, the cost of litigation, etc. This is in keeping
with the privatization thrust under globalization that
we cannot avoid anymore;
 g. To avoid the pitfalls of law enforcers becoming
law breakers, of prosecutors who are no different
from those they prosecute, of judges no different
from those they are judging to be imprisoned, of
correctors becoming no different from the convicts
they are supposed to be correcting, the
Ombudsman and the Commission on Audit should
also be tightly guarded. The best agency to do this
is the CELDA which was one of the
recommendations in the earlier chapters;
 h. The community component of the CELDA
should e from the highly critical and militant sectors
of come f the Civil society to ensure that the
government members of CELDA will behave
properly. The critical and militant civil society will
likewise be forced to be more militant and critical
inside the CELDA otherwise they will lose their
credibility. This civil society component of the
CELDA will serve as the check and balance;
 A Bureau of Community Involvement (BCI) should
also be established which will take charge of
enlisting the active involvement and participation of
various civil society groups and the community
itself in the criminal justice system from law
enforcement, to the prosecution, to the courts, to
the corrections, to the legislative lobbying. The civil
society groups will also spearhead the media
advocacy, the schools, the community, the Church.
BCI will tap all NGOs, POs, civic organizations,
church, schools, business organizations, etc.;
 j. Formation of Community Crime Prevention
Councils whose membership may compose of
LGU, the church, the academe, civic organizations
like the Rotary, NGOs, POS especially critical and
very vocal cause-oriented groups. Its aim is to
pinpoint problem areas in the community like:
drugs, gambling drunkenness, and youths in
conflict with the law, graft and corruption in
government. Bringing these to the attention of law
enforcement and other concerned agencies; lobby
and pressure law enforcement agencies to solve
these problems brought to their attention; bring to
the attention of higher ups and work for the relief of
law enforcement officers not up to par in their
performance; maintain halfway houses and
 K. support mechanism for newly released
prisoners; conduct information and education
program on crime prevention in the community; etc.
 The council will also alert the families of violators,
particularly youth offenders and confer with them
on how best the council and their family can solve
the problem. To conduct information education
campaign on the community to raise the awareness
of the community on the ill effects of crime on the
economy and moral fiber. How it stunts economic
development that will make life harder to bear and
that economic progress can only be attained in a
crime-free atmosphere;
 L. a community linkage and network development
office should be created in every jail and prison
facilities nationwide. This office will take charge of
developing the linkages and network in the community
that will be the source of groundswell of support for
the jails and prisons. Since support can be most
effectively produced through a two- way approach, the
detainees and inmates considered as medium security
should be utilized to participate in community projects
initiated by the church, the schools, the NGOs, the
civil as well as the civic society like the Rotary, the
Jaycees, etc. and any other groups.
 This way the jails will be able to shed its negative image in the
community and replace it with a very positive image, which is one
of the factors for producing support from the community. The
projects ideal for the deployment of minimum security detainees
and inmates are cleanliness campaign, tree planting or
reforestation campaign, repairing school buildings whether public
or private in coordination with the DECS, market buildings in
coordination with the LGUs, doing road repairing work in
coordination with the DPWH in exchange for some subsidies to
the prison or jail maintenance, harnessing some detainees for
speaking in schools or communities with the end in view of
"terrorizing" the people to become afraid of committing crimes;
 The Community Linkage and Network Development Office shall
have as part of its responsibilities the formation of community
organizations within the sphere of influence of the jails, the
networking with various religious, academic, civil and civic
society groups. Lobby advocacy work will also be tasked to this
office to ensure that the Sangguniang Bayans and Sangguniang
Panglunsods within the jurisdiction of the jail will allocate funds
to support the operation of the jails. This is what some
government hospitals and public schools are doing to augment
their budgets. In fact, in some areas even private hospitals and
schools are receiving support from the LGUs;
 This Community Linkage and Network Development Office
would be similar to the Community Assistance and
Development work of the Law enforcement pillar of the CJS,
which was one of the workshop outputs of the Strategic
Planning for the Philippine Criminal Justice System and
Peace and Order held on August 31, 2001 at the
NAPOLCOM Multi- Purpose Hall. This is one of the Vision of
the Law Enforcement Pillar. Another such Vision is
community organization and mobilization. These said Visions
of the Law Enforcement Pillar could be adopted also for
corrections.
 M. Towards this end, there is a need for the formation of
Criminal Justice Groups (CJGS) in every barangay. There
are organizations existing in many communities like anti-
crime groups, or anti-drug watch or any other groups that
cater only to one pillar of the criminal justice system
piecemeal. What is needed is a comprehensive grouping
that will take on the whole gamut of the crime problem.
 The idea for this concept is taken from the Public Safety
Coordination Councils in the state of Florida. All the 67
counties of Florida have organized this council in
compliance with the Community Corrections Partnership
Act of 1991, which was passed by the Florida State
Legislature to ensure the active participation of the
community in the treatment and rehabilitation of offenders.
ays should have one to supervise the barangay police force and the CJCS. The residents, the CJGs, the Barangay Council for his performance, will periodically eval
 The CJGS will:

1. impose sanctions against officials of barangays that are
crime-laden; 2.
2. involve NGOs in organizing and mobilizing CJGS; and
3. conduct dialogue with known drug users and pushers,
gambling collectors and gamblers, thieves,
prostitutes,drunkards, and all other anti-social elements.
They will have to be explained, cajoled, threatened and
intimidated if need be to stop their nefarious activities
The group should have a cadre who will be a policeman
assigned in the community. Policemen should not only be
assigned at the town centers but every barangays should
have one to supervise the barangay police force and the
CJCS. The residents, the CJGs, the Barangay Council for his
performance, will periodically evaluate the policeman
assigned in the barangay and low rating will mean
administrative sanction against the policeman for inefficiency
in controlling crime.
ANNEX-A
CARPETA
A carpeta should contain the following
1. Pre-Parole Report/Pre-Executive Clemency Investigation Report
2. 2 Prison Record
3. 3. Fiscal's Information
4. Court's Decision
5. 5. Commitment Order on Final Sentence
6. 6. Certificate of Detention
7. Certificate of No Appeal, or if appealed, the decision of the
Appellate Court
8. If a National Prisoner, a Certification from the Warder. stating the
reason(s) for prisoner's continued confinement in that jail
9. Agreement/Manifestation under R.A. 6127
10. In Estafa, Swindling and Illegal Recruitment cases, a certification
that prisoner has no pending case
 SUGGESTED SUPPLEMENTAL READINGS: Department of
Justice Undersecretary Ramon J. Liwag, Controlling Crimes of
Major Concern: Problems and Countermeasures Correction Pillar.
Undated.
 Julio M. Alcantara. Notes on Edition, 1978. Manila. Penology
Second
 Richard L. Phillips and Charles R. McConnell. The Effective
Corrections Manager Aspen Publishers, Inc., Gaithersburg,
Maryland, 1996. Rules and Regulations of the Board of Pardons
and Parole issued December 20, 1989.
 Artemio G. Tuquero, Secretary, DOJ Bureau of Corrections
Operating Manual, 30 March 2001.
 Jackie Crawford and Howard Skolnik. The Benefits of Community
Involvement With Correctional Industries in Nevada. Corrections
Today Magazine (ISSN 0190-2563, USPS 019- 640) Published by
the American Correctional Association., 4380 Forbes Blvd.,
Lanham, MD 20706-4322, April 2002.
 Gerry D. Billy. Local Corrections And Communities: Working
Together, Corrections Today (ISSN 0190-2563, USPS 019-640)
Published by the American Correctional Association Inc., 4380
Forbes Blvd., Lanham, MD, October 2000. Technical
Committee on Crime Prevention and Criminal Justice, Crime
Prevention and Coordination Service, National Police
Commission. National Crime Prevention Plan 2001.
 Jovencito R. Zuno. Community Involvement in the Prosecution
of Crimes, undated Bureau of Jail Management and Penology
Manual Approved October 24, 1994 by then DILG Secretary
Rafael M. Alunan III.
 Ron Angelone. Bridging the Corrections-Media Gap
Corrections Today (ISSN 0190-2563, USPS 019-640)
Published by the American Correctional Association, 4380
Forbes Blvd., Lanham, MD 20706-4322, June 2001.
Celia C Yangco. Philippine Community-Based Treatment of
Offenders: Old Concepts, New Approaches, Best Practices
Criminal Justice Journal, National Police Commission, Vol. XVI
1998
Senior Superintendent Mercedes A. Foronda. The Problem of
Congestion. Paper delivered at the Corrections Sammit on 22
October 2002 at the Hyatt Regency Hotel, Pasay City in celebration
of 7 National Correctional Consciousness Week
Department of Justice, Board of Pardons and Parole. Rules and
Regulations of the Board of Pardons and Parole. Manila,
Philippines, February 1990. Toch, H. Perspectives on the Offender.
Psychology of Crime and Criminal Justice, Hans Toch, editor,
copyright 1979 by Holt, Rinehart and Winston.
Ronald T. Gollayan. Primer on Jail Administration & Other Related
Concerns. Millenium Edition, 2000.
Bureau of Child and Youth Welfare, Department of Social Welfare
and Development. Helping the Delinquent Youth and Youth
Offender. Undated.
Amnesty International. List of Abolitionist and Retentionist Countries,
September 1999.
Amnesty International. Death Sentences and Executions in 1998.
Amnesty International. Juveniles and the Death Penalty: Executions
Worldwide since 1990 Sponsorship Speech of Party List
Representative Loretta Ann P. Rosales on House Bill 5114 which
seeks the Abolition of the Death Penalty, August 28, 2002 at the
House of Representatives.
Free Legal Assistance Group. Report on the Implementation of
Capital Punishment in the Philippines in the Year 2001.
Free Legal Assistance Group. Flag Anti-Death Penalty Campaign,
2002
 Foronda, Mercedes A. Philippine Country Report on Juvenile-
Related Crimes, undated.
 Manuel G. Co. Parole History, Legal Foundation and Structure.
Undated.
 Lecture paper "The Corrections Pillar and Jail Decongestion"
delivered by P/Brig. Gen Aquilino G. Jacob, Jr. during a
Seminar/Workshop on Enhancing Correctional Officers'
Capability, from Jail Management to Parole/Probation
Procedures and Supervision sponsored by the NAPOLCOM
Technical Committee on Crime Prevention and Criminal Justice
held April 22-23, 1999 at Cresta del Mar, Bauang, La Union.
Parole and Probation Administration Memorandum Order No. 15
series of 99 dated August 11, 1999 entitled PPA Omnibus Rules
of Probation Methods and Procedures.
 Aquilino Q. Pimentel, Jr. The Unlucky 21: Time to Review the
Death Penalty. Criminal Justice Journal, Vol. XVI 1998, p. 3-17.
ACTIVITY IV
1. Instruction: Read the statement carefully and answer it
correctly. How did community-based corrections enhance
the role of community in corrections?
2. How to improve offender-family relations to improve
treatment?
3. How do we harness community for correction work? nd
4. What are the recommendations for more effective and
community pillar?
5. What do you mean by the word "carpeta"? Explain
CHAPTER V
RESTORATIVE JUSTICE
DEFINITION OF RESTORATIVE
JUSTICE
Restorative Justice is a new movement in the fields of victimology
and criminology. Acknowledging that crime causes injury to
people and communities, it insists that justice repair those injuries
and that the parties be permitted to participate in that process.
 Restorative Justice programs, therefore, enable the victim, the
offender and affected members of the community to be directly
involved in responding to the crime. They become central to the
criminal justice process, with State and legal professionals
becoming facilitators of a system that aims at offender
accountability, reparation to the victim and full participation by the
victim, offender and community.
 • The restorative process of involving all parties is fundamental to
achieving the restorative outcome of reparation and peace.
Restorative Justice is different from contemporary criminal
justice in several ways. .
 First, it views criminal acts more comprehensively - rather than
defining crime as simply law breaking, it recognizes that
offenders harm victims, communities and even themselves.
 Second, it involves more parties in responding to crime rather
than giving key roles only to government and the offender, it
includes victims and communities as well.
 Finally, it measures success differently- rather than measuring
how much punishment is inflicted, it measures how many harms
are repaired or prevented
FOUNDATIONS OF RESTORATIVE
JUSTICE
FOUNDATIONS OF RESTORATIVE JUSTICE
 Justice requires that we work to restore those who have been
injured.
 Those most directly involved and affected by crime should have the
opportunity to participate fully in the response if they wish.
 Government's role is to preserve a just public order, and the
community's is to build and maintain a just peace.
Restorative programs are
characterized by four key values:
1. Encounter. Create opportunities for victims, offenders and

community members who want to do so to meet to discuss the
crime and its aftermath
2. Amends: Expect offenders to take steps to repair the harm
they have caused
3. Reintegration: Seek to restore victims and offenders to whole,
contributing members of society
4. Inclusion: Provide opportunities for parties with a stake in a
specific crime to participate in its resolution.
ON RESTORING DIGNITY
 The statement presupposes that the dignity was shattered and
therefore needs restoration. True, indeed, a prisoner loses his or her
dignity upon entrance into prison. Literally, the face is lost and good
name tarnished. It takes years to regain such self- esteem broken by
the thought of rejection and anger. What the volunteers in prison
service do is to let the prisoners realize they have not forfeited their
status as children of God. We always say, "We condemn the sin but
not the sinner." Despite the person's wrongdoing, he or she doesn't
lose the dignity of being created unto the image and likeness of God. A
person may be weak but not necessarily wicked. Whether or not a
person is guilty of a crime, he remains a child of God worthy or being,
forgiven after an act of reparation and administration of justice.
 If the prisoners live in hope, the future is laid open to them. A
philosopher defined hope as our "our openness to the gift of
the future." I watched the movie The Prisoner starred by
Morgan Freeman. I remember the message: "Fear imprisons
a person. Hope sets him free." The prisoners must bear in
mind that the saints also had sinful acts and tendencies in
the past. If we honor them today, it is because by their efforts
coupled by the grace of God, they managed to rise above
their human limitations. Then we can say, "every saint has a
past" and to e can add, "every sinner has a future." Yes,
every saint that we has a past, every sinner has a future.
HEALING HURTS
On the part of the prisoners, hurts are undeniable.

There are at least three pains that a prisoner
endures: (1) The pain of having lost dignity, (2) the
pain of being separated from loved ones and from
the outside world and (3) the pain of having an
uncertain future.
The Pain of having lost dignity.
 Again, the question here is not whether a prisoner is guilty or
innocent. The very fact that he is jailed is already a cause of
shame. Some would even say that no amount of pardon, not even
a sentence of innocence, would undo whatever harm has been
done to an inmate. It is, therefore, the role of the prison ministers
to help the inmates heal themselves of such a great pain. I
remember the "Parable of the Friend at Midnight." The person will
rise from his sleep not so much because of their friendship but
because he doesn't want the other person who begs for food to
lose his face before his guest. The Greek word used by the
evangelist Luke is "anaideia" which is literally translated. "absence
of shame."
 It is interesting to note that the word anaideia
comes from aidos which can mean shame or face.
Our presence as prison ministers, our love and
care, our concern for the inmates are concrete
means of assuring them they have not really lost
their face, they have not lost their dignity.
 The pain of being separated from loved ones and the outside
world. For us, Filipinos, the family is the most important treasure.
With our close family ties, it is a pain to be separated from our
families. If going abroad for greener pastures already creates such a
pain, much is experienced by a person who is forced to leave his
family for detention. It is indeed painful if not totally traumatic. When
I was in Rome for my studies, I experienced the agony of being
away from my loved ones. Believe you me; it was unbearable. I was
not imprisoned for a crime. It was only an act of obedience to my
bishop. But I felt I was jailed. I would, therefore, imagine how difficult
it would be for an inmate to stay in prison.
 Here comes the significant role of the members of
the family to visit their jailed relatives. Here also,
the volunteers in prison have an important role to
play. Our presence becomes an assurance that the
inmates are not alone. They have shoulders to
lean on. We can somehow be a substitute for the
relatives' presence when proximity is unavailable
because they are a thousand unreachable miles
away from watch other.
 The pain of having an uncertain future. A great author
once said, "the only fear we know is the fear of not
knowing." Why do students fear their examinations. It is
because they do not know what questions the professors
are going to ask. Why do we fear death? Simply because
we do not know what awaits us in the next life. Why are
prisoners afraid? I would imagine they fear the uncertainly
of their condition. For how long are they going to stay and
suffer inside the cell? Is there a hope of being in give
released? It is through the eyes of faith that we can help
them overcome this pain, it is through our sharing of the
Word of God that we can influence their thoughts and
attitude. We can g them hope.
 In the Old and New Testaments, we read the
formula, "The Lord is with you". It is a formula
address to people like Moses, Joshua, Gideon and
the Blessed Mother when they received missions
so difficult that it surpasses human power is an
assurance of divine help. We can tell the prisoners
not to fear because the Lord is with them. We can
convince them that we do not know our future but
we have God who holds our future.
BUILDING COMMUNITY
 What I witnessed at the National Bilibid Prison was a model of
community. Prisoners are interacting. They are held bound by their
common worship and prayer. The Eucharist becomes the focal point of
unity. I don't know if Liturgical training for the inmates may be given for
them to be subsequently installed lay ministers. I think this is another
way of restoring the dignity of the inmates. It creates confidence. It
enhances potentials.
 To build a community requires a good relationship among members. The
word "community" comes from the Latin communis, which means
imparting that which is common, sharing or togetherness. This
relationship is strengthened by sharing not only of material goods but of
insights and reflections. Bible sharing is one means to help build the
community. Sharing of one's faith experience drawn from an insight on
the Word of God creates that fraternal bond among people who share
the same struggles and aspirations. There are other means known to you
who directly work for the prisoners. I feel it is superfluous to mention
them at this juncture.
ANNEX "A" Manila Bulletin-
GMA signs Juvenile Justice Act

RA 9344 upholds rights of youth offenders By GENALYN D.
KABILING
Juvenile welfare council created under Department of Justice.
President Arroyo signed Republic Act 9344 or the Juve le Justice and
Welfare Act of 2006 last April 28 without formal ceremonie, before the 30-
day prescription period lapsed.
Under th law, children15 years old and below would be exempted from
criminal liability while youth offenders aged 15 to 18 years old could only
be criminally charged if they committed the crime with discernment.
 It also provides the immediate turnover of children in conflict with the
law to social workers upon apprehension.
 If detention is necessary, the youth offenders would be transferred to
youth detention homes set up by local govemments and non-
government organizations.
 The law also created the Juvenile Justice and Welfare Council UWC
under the Department of Justice (DOJ) that would oversee its
implementation and advise the President regarding the protection of
youth offenders.
 With DOJ undersecretary as head, the JJWC would be composed of

representatives from the Department of Social Welfare and
Development. Council for the Welfare of children, Department of
Education, Department of Interior and Local Government, Commission
on Human Rights, National Youth Commission, and two
representatives from the private sector.
 The new body will also periodically develop a comprehensive three-to
five-year national juvenile intervention program in coordination with
concerned government agencies and non- government organization.
 It will also formulate and recommend policies for the administration of
justice and the prevention of juvenile delinquency as well as for the
treatment, rehabilitation and reintegration of the children in conflict with
the law.
 An initial amount of P50 million was set aside for the creation of the
JJWC.
 The law also exempts children aged 18 years and below from
prosecution for the crime of vagrancy and prostitution, mendicancy
and sniffing of rugby. Instead, they would be subjected to counseling
and treatment programs.
 Authorities were also prevented from branding
children as young criminals, juvenile delinquents,
prostitutes or any other derogatory names with
respect to the child's class or ethnic origin.
 Any person who violates the law would be fined not
less than P20,000 or suffer imprisonment of not less
than eight years. If the offender is a public officer or
employee, in addition to the fine and imprisonment,
he will be held administratively liable and may be
dismissed from office.
Non-institutional or community-based approach
 Non-institutional correction of offenders, on the other hand, is under

the Rehabilitation Bureau, which is also an agency of the Ministry of
Justice. As its name implies, the Rehabilitation Bureau is in charge
of the treatment of offenders that are not confined in prison facilities.
This bureau supervises the administration of probation, parole and
after-care services for ex-prisoners who were already released from
prisons. It should be noted that only about five percent of sentenced
adult offenders come under imprisonment, the rest are screened off
and dealt with by other means instead of incarceration. On the other
hand, sentenced juvenile offenders who actually go to prison is even
smaller at only less than one-half of one percent.
 The Offenders Rehabilitation Law aimed to protect society and
promote the welfare of the public and individuals by promoting the
reformation and rehabilitation of offenders. It ensures the proper
granting of pardons, establishing a fair and adequate system for the
administration of paroles and related matters, and encouraging
crime prevention activities. It clarified the purpose of rehabilitative
treatment...the need for professional services was clearly
recognized. To ensure effective probation and parole services, the
above-mentioned law also required regularly employed probation
officers as the mainstay of the system who have sufficient expertise
in behavioral sciences. While volunteer workers were assigned a
subsidiary position with professional probation officers.
 The functions of the Juvenile Tribunal were divided and assumed by
three new organizations: the Family Court, the Juvenile Parole
Board and the Juvenile Probation Office.
 The Juvenile Probation Office was entrusted with the supervision of
juvenile probationers and parolees, 22 years old or younger, from
prisons or juvenile training schools and those discharged by the
criminal court on suspended sentences, age 17 or younger. As for
adult offenders, the Adult Parole Board and the Adult Probation Office
became responsible for screening inmates age 23 and older for
parole and subsequently supervising their release.
 Japanese corrections programs place strong emphasis on parole
instead of waiting for expiration of sentence as a mode of releasing
convicted offenders. Parole facilitates the inmate's reintegration to
society. Upon admission to a correctional facility, the inmate is
immediately prepared for parole release.
 To be eligible for parole, an inmate must fulfill two requirements:
1. He has served at least one-third of his minimum sentence; and

2. He shows that he has reformed.
The classification committee of each regional corrections

headquarters meets at least once every month to review parole
applications. Prison wardens are the ones who apply for the grant of
parole to an inmate under his wardenship. The warden enters on the
application form the desirable date that the parole should be granted.
The Regional Parole Boards are the ones who decide whether to
release an inmate on parole based on the recommendation of the
classification committee and the investigation report. The probation
officer who will handle the candidate upon release prepares these
documents. Inmates to be released on parole will then undergo a pre-
release orientation program for about two weeks prior to his release.
 To further enhance the effectivity of corrections, several councils are on
hand to serve as advisory committees that are directly responsible in
reporting to the Minister of Justice as mandated by a Ministry of Justice
Organization Order. Whose job is to investigate and deliberate on
issues deemed important for the improvement of inmate rehabilitation
and corrections operations. These are the National Offenders
Rehabilitation Commission, the Volunteer Officers Selection
Commission and the Correction and Rehabilitation Council whose area
of concern is both the institutional and non-institutional corrections. The
Correction and Rehabilitation Council is a collegial body with about
forty members chosen from among scholars and officials involved in
correction and rehabilitation work. These bodies are under the Public
Security Examination Commission, which is an organ external to the
Ministry of Justice.
 The National Offenders Rehabilitation Commission is a
central board attached to the Ministry of Justice. The
Commission has two major functions: (1) to
recommend amnesty for specific individuals to the
Minister of Justice; and (2) to render judgment upon a
complaint filed by a probationer or parolee regarding a
decision by the Regional Parole Board. Most of these
complaints pertain to the revocation of probation or
parole. The Commission has five members appointed
by the Minister of Justice with the Japanese Diet's
(national legislature) approval. As an independent
organization, however, it may freely pass judgment
and make recommendations to the Minister.
The Japanese see that a single institutional correction having a
centralized administration can achieve the following advantages.
These aspects are:
1. standardized planning and implementation on matters concerning

budget, staff and most importantly, the treatment programs for inmates.
2. standardized qualification, examination and recruitment of appropriate
correctional personnel.
3. systematic training to ensure that correction staffs possess the
knowledge and skills required to perform duties well.
4. improvement of institutional managerial skills through interaction among
the different penal institutions.
5. improvement of treatment methods and techniques through mutual
cooperation and assistance between penal institutions.
 The success of the criminal justice system in Japan could
be attributed to the active participation of the citizenry in
crime prevention campaigns and volunteer probation
work. The Japanese community-based treatment of
offenders system is also characterized by the extensive
participation of volunteers, who come from the mainstay
of services in practice. United support that comes from
both government organizations and the community
makes it easier for offenders to rehabilitate themselves.
Test Your Self...
Exercise F
Fill in the blank with the correct answer.
1. It is one of the major activities undertaken for the inmate to provide the skills
necessary for the inmates to work and survive upon release
2. It is refer to general guide to everyday life. Inmates are taught life skills, which are
practical skills, needed to cope with living in a community.
3. What newsletter of corrections Bureau which means man and is distributed to inmates
nationwide.
4. It was officially registered as the trademark in 1984, in order to establish a corporate
identity and improved the image and marketability of prison products.
5. What workshops operated outside of the prison walls which are either owned and
managed directly by the state or managed by private sectors cooperating with the
prisons
6. .Who in-charge of the treatment of offenders that are not confined in prison facilities
7. . What law aimed to protect society and promote the welfare of the public and
individuals by promoting the reformation and rehabilitation of offenders.
8. It was entrusted with the supervision of juvenile probationers and paroles, 22 years old
or younger from prisons or juvenile training schools and those discharged by the
criminal court on suspended sentences, age 17 or younger.
9. Whose job is to investigate and deliberate on issue deemed important for the
improvement of inmate rehabilitation and corrections operations.
10. Who decide to release an inmate on parole based on the recommendation of the
classification committee and the investigation report..
United States of America
Starting about 200 years ago, the United States has become the
frontrunner on the matter of correction. Their corrections facilities and
programs are the most efficient in terms of technology, facilities,
financial as well as the nature of the caliber of their human resources.
One noteworthy program being implemented in the States of Nebraska,

New York, North Carolina and South Dakota are the parenting program
and nursery facilities being maintained in some prisons of certain
states. Under this program, children of female prisoners are allowed to
live with their incarcerated mothers while serving their sentences.
Because of this, nursery facilities were set up inside the prison. Many
corrections facilities even built separate visitation areas so that children
and their incarcerated mothers can be given the chance to spend
memorable times to play, read or do worthwhile things together.
Ovemight visits in the context of parenting programs are also allowed.
 North Carolina called this program MATCH that stands for Mothers And Their Children
and had this installed at the North Carolina Correctional Institution for Women in
Raleigh, North Carolina. Some Ostates have passed laws making it mandatory for
their social workers to ensure that the children get to visit their incarcerated mothers.
The reason behind this program is that research has proved that separation of
mothers with their children traumatically affects both parties. If this is not addressed,
treatment of incarcerated mothers will be affected while their children will have a
greatly increased risk of life failure and incarceration when they grow up.
 The State of Texas created in 1993, special confinement facilities called State Jails
For Soft Offenders or those that were sentenced for light offenses which were given
prison sentences because it is rampant and posing a menace to society. These soft
crimes include possession of small doses of drugs, credit card abuse and other petty
criminal mischiefs. This new jail system was put in place to save on cost if the soft
offenders were confined in expensive high-security prisons. Another benefit is that
these special inmates need not be exposed to the hardened criminals or recidivists,
which might influence them to become criminal- minded upon their release.
 Since the atmosphere of this state jails are less stringent, offenders
can participate more easily in their rehabilitation and treatment
programs. They can also participate more easily in community
programs, life skills building and educational and vocational training.
 The Prince George's County Department of Corrections (DOC)

opened a direct-supervision facility in Upper Marlboro, Md. in 1987.
As the name suggests, direct-supervision approach to managing
inmates creates no walls dividing staff and inmates unlike in
traditional facilities where inmates are "caged" in cells that are
padlocked while guards watch 24 hours to ensure that the cells
remain padlocked. In this approach, staffs possess excellent
interpersonal communication skills and maintain good relations with
the inmates based on friendship and respect. This is the basis of a
safe and orderly facility rather than threat and coercion. But just in
case, prison security is compromised, there is a highly trained team
to respond to the emergency with dispatch to quell any untoward
incident.
 The Marion Correctional Institution for medium-security male prisoners
in the state of Ohio operates a closed-circuit video television station
called Prison News Network (PNN)
 Broadcasting Program This project is a component of the education

apprenticeship program of the Ohio Department of Rehabilitation and
Corrections (ODRC). The program is aired 16 hours every day of the
week and is capable of reaching all of the state's 34 penal facilities
housing 45,000 offenders plus 16,000 corrections personnel of ODRC
and the outside community viewership to which PNN produce special
video information and documentary shows for its community partners.
 Prison News Network (PNN) started as a program to dish out news of
inmate activities and information to the inmates that may be useful to
them. After some years, other projects of the ODRC and other state
prisons were included. Then in-service trainings of staff were
disseminated through the PNN. Eventually even institutional events like
inmate graduations, and other happenings inside the prisons were
aired.
 The PNN produces various informative programs valuable not only to
the prison network but also to the community at large. The topics
usually produced and shown are about prison-related security issues,
prison and community health, parenting, and many others. The program
also dishes out information about prison rules and regulations, guides to
timely or early release, and anything valuable both to the prison
community and outside community. The circuit provides training videos
to improve staff performance.
 Prison News Network (PNN) had its beginnings in 1991 and its first
production was titled Communicable Diseases in Prisons. To enhance
the crew's talent, a journalism/radio/TV professional was hired as
consultant to train the crew on the use of cameras, TV show production,
scriptwriting, music and graphics. But what is unique in PNN is that
mostly the inmates themselves operate it.
 PNN has the potential for making Restorative Justice work by becoming a
bridge between the offender, the victim, the nonprofit organizations and
the community at large to all work hand in hand to restore the previous
relationship that was shattered by the crime.
 Dealing with prisoners poses great challenge to every corrections officer.
The challenge is greatest when prisoners we deal with are the super
mean prisoners from the super maximum- security prisons. Managing
such high-risk institution does not necessarily need high-risk managers.
Managing super mean inmates requires supermen.
 Every correctional institution the world over has them: prisoners who are
the worst among the worst, the baddest of the bad, the cream of the crop,
very calculating and scheming. In fact the state of Wisconsin has them
too.
 What Wisconsin did was to open a Super Maximum Prisons in
Boscobel sometime in 1999 to confine the worst offenders to separate
them from the general prison population and also to separate them
from each other.
 The Super Maximum Prison is the ultimate place of confinement for
inmates who are troublemakers in lower security prisons. It is not a
facility intended for serving entire sentences but is some kind of a
purgatory where inmates are destined for being unruly but is taken out
when he has shown remorse and show improved behavior. As the
supermax inmate shows compliance, he is moved through different
security levels until he is "cleansed", then he will be returned to lower
security confinement facility. In short, the supermax operates along the
same lines as the hot seat or the "plantsa" of yesteryears.
 In the design of the facility, veteran corrections officers, prison
operators and security experts as well as technology specialists were
gathered to share their collective knowledge. experience and skills in
designing the super maximum prison.
 From the outset, four sets of goals was clear; safety of the inmate from
the other inmates, safety of the staff from the inmates, safety of the
public from the inmates, and processing of the inmate to change for the
better.
 From these, two tasks have been clearly inferred: One is securing the
inmate and the second is the application of an effective behavioral
management approach designed to change the inmates' long-held
behavioral pattern. Wisconsin combined the physical aspect of
incarceration and emotional conscientization.
 State of the Art Technology is used in the physical layout of the
facility; its first line of defense in case of assault and its last line in
case of escape are two 12-foot razor-ribboned fences. In between
these two fences is another electrified fence operating in two modes,
the stun which is intended to shock and the lethal which is intended
to kill. In addition, cameras monitor the area and in case of alarm, will
automatically pan, tilt and zoom the area.
 The perimeter fence, door monitoring and control, intercom systems,
video surveillance, motion detection and exterior lights, architecture
and structure are integrated towards security and interfacing to
provide automatic counterchecking. Without exemption, everyone
entering is verified through biometric system utilizing hand-scan,
digital photos and personal ID numbers. In case anything occurs, all
movements are recorded similar to an airplane BLACK BOX to
provide a trail of events to aid investigation.
 All activities inside the entire facility can be monitored at a glance.
Motion-sensing cameras also monitor staff going through the cells
Interaction between staff and inmate are viewed and recorded. The
cells can only be remotely opened at central control after a key signal
is confirmed by audio through speakers mounted in the ceiling or
intercom stations and video verified by cameras.
 Another Supermax Prison, the Colorado State Penitentiary (CSP),

worked on the supermax inmates by starting type with research on
the type of anti-social personalities they were dealing with. They
studied the inmates' value systems that drive them to such fits of
uncontrollable behavior. They then designed programs that jibed with
the type of anti-social personalities in CSP
 The program they came up with include cognitive restructuring where the
inmates realize how their thinking led them to such behavior and how decisions
they make affect their fere lessons on anger management and victim
sensitization. Even lives even many years thereafter. Then they were given study
mod and studies of inmate gangs were not spared. And, of course, life skills
were also imparted on the supermax inmates. For those showing blad signs of
regression from despicable behavior, they undergo a transitional program to
have them returned to the general population
 Evaluating CSP's success rate compared to other super maximum facilities, the
rate of return to supermax for those who were returned to the general population
from the supermax, only 4.8 percent did so within a two-year period while the
failure rate of other supermax prisons is 33 percent. Another measure of its
success is the fact that CSP was the first supermax prison to he accredited by
the American Correctional Association (ACA) and only recently, was again
reaccredited. Furthermore, CSP was included in the 1997 ACA publication, Best
Practices: Excellence in Corrections And lastly, CSP has been the object of visit
by criminal justice practitioners from far and wide.
 But in the final analysis, the success of CSP could not
have been made possible without the presence of
intensively trained and mentored professional staff that
worked effectively in making a difference in the lives of
the inmates who are most difficult to live with. These
empowered correctional officers are truly super mean;
they are the best in the business.
 On the drug front, proposals for corrective measures to
address the growing drug problem in the United States
is being forwarded by various states led by the states
of New York and New Mexico and being
enthusiastically pushed also by the states of Arkansas,
Hawaii, Idaho, Oklahoma, Utah and Wyoming.
nviction. To make matters worse, states were forced to shell out about $80 billion per year for prosecution, court, prison, and social program expenditures to put the
even second-time. While non-violent offenders instead of prison time, should turn to intensify prevention and education programs, and putting up voluntary treatm
 In the face of rising drug use in the early 1970s, the state of New
York passed the Rockefeller Drug Law making it mandatory for
sentenced drug offenders to spend from 15 years to life in prison for
selling at least 2 ounces of drugs or possessing at least four ounces.
In no time, the United States used this as model for a national law.
This was copied by the nation. As a result, approximately 150,000
drug offenders were sent to prison every year increasing the prison
population four times.
 But the drug problem only aggravated. Very few big-time drug
dealers were caught because they are well oiled by the drug trade
and they have the resources to thwart conviction. To make matters
worse, states were forced to shell out about $80 billion per year for
prosecution, court, prison, and social program expenditures to put
the drug offenders behind bars.
 Now, these states are proposing to move from the imprisonment
model to the medical model through reduced sentences, probation
and mandatory treatment for first-time, and even second-time. While
non-violent offenders instead of prison time, should turn to intensify
prevention and education programs, and putting up voluntary
treatment centers.
 There are two contradicting forces in corrections. The conservative
force that see the need to guard the inmates so that nothing will
happen to him in prison or he will not escape to evade punishment
and commit another crime. This calls for restrictions. On the other
side of the fence is the liberal force who sees the need for leniency
in the treatment of the offender so that he will become a productive
and conforming member of society. This calls for openness,
something that is opposed to the other force, restriction. Correctional
systems the world over are in a quandary on what to adopt in their
respective jurisdictions whether security or treatment. Some are at
pains on how to best balance the two in order to gain the most
results.
 The state of Vermont, despite its being quite progressive, erred on the
side of conservatism on the manner it treats its convicted offenders. The
security-minded approach failed to bring about positive change in the
offender. In 1986, a team of psychologists reviewed the state's
correctional system practices. The researchers came up with
recommendations to address the system's weaknesses and failures.
Thus, the Cognitive Self- Change (CSC) Program was born.
 The team developed a new alternative to the traditional processes
followed by Vermont correctional system focusing on the offender's
social attitudes, self-image and cognitive structures. They also
recommended that intervention be weaned away from the prison
psychologist's sole domain and moved into the inmate cells by
devolving this task to the correctional officers andcaseworkers In other
words, the frontliners should be primed to do corrections the
psychologist way.
 This is what makes the CSC unique. The personnel that is in direct contact with
the inmates are the ones utilized as medium in bringing this program to the
inmates. These people a appropriate to carry out the program to successful
fruition because they are the ones who know what is happening below. They are
familiar and maybe even friendly with the inmates considering that they are
exposed to each other most of the time. To be effective, these line people are
given prior training on how to do the program while the mental health
professionals and psychologists provide facilitation, guidance and supervision.
 Offenders undergo the process of CSC in structured group format with each
group consisting of eight offenders being facilitated by two staff members trained
in the CSC process. They meet two to three sessions per week lasting from six
months to two years depending on the offenders' length of sentence. The
process is similar to the sharing and witnessing sessions of Bible study groups.
In the sessions, each member describes a recent situation in the offender's life,
explaining how he feels about that situation he just describe and connecting that
to how it could lead to trouble or to crime Later on, every member of the group
will be scheduled to make an extensive written presentation of his thoughts,
beliefs and attitudes regarding the crime he committed to which he is now
serving time.
 Eventually, group members are made to review their criminal histories
and examine the thinking and behavior that went with the crime. And
then the group members will be made to describe the kind of thinking
and reaction they should hold in order not to commit the same
response that led them to where they are now. In the process of
undergoing CSC, group members help one another in mastering its
intricacies.
 In the later phase, group members will be made to make their own risk
management plan incorporating thinking behaviors and attitudes that
led to crime and violence. They will formulate specific actions to
prevent similar situations from occurring in the future. This plan will be
brought out by the offenders to the community upon their release and
will serve as their guide to trouble avoidance
 COGNITIVE SELF CHANGE is actually a process of attaining a high
sense of responsibility. It makes the offender, aware of the
consequences of his behavior and achieving self- discipline and
mastery of one's self to make offenders realize that they have
conscious control of their lives. They are being taught to move
according to rational reasoning rather than raging emotion that leads to
uncontrollable fits of anger and then violence, trouble and crime.
 CSC is applicable to a wide variety of felons including drug abusers,
sex offenders, juveniles, female aggressors and many others. The CSC
process is particularly recommended for violent, high-risk offenders.
However, inmates with serious mental disturbance may not be able to
fully grasp the CSC process that may, in turn, seriously hamper his full
participation in the program. This will have a bearing on the results he
will get from the process. Those with low intellectual capacity and those
who are illiterate can still benefit from this program.
 Today, the CSC process is gaining popularity and is
spreading not only in the United States and Canada but
also in the European Union. The State of California also
has come to realize that the growing drug menace cannot
be solved through the hard-line approach of incarceration.
Eventually, the State Legislature passed a law, which
mandates treatment rather than incarceration for
nonviolent drug offenders. This in turn led to a
realignment of resources away from the expensive
incarceration mode to the treatment mode.
When the juvenile crime rate rose alarmingly in the United States in the
early 1990s, the State Legislature of Kansas instead of tightening the kid-
gloves treatment it accords its juvenile delinquents, went after the parents
of youthful offenders. State legislature put a substantial part of the blame
for juvenile offenders squarely on the lap of their parents. It has been
thought that juveniles come in conflict with the law because of negligence
or weak parenting skills. It is but right, therefore, that the cost of such
negligence or weakness should be borne not by the community but by
the parents. Several measures to make the parents answerable for their
children's
1. misdemeanors were put into effect. Some of these are:
The cost of certain services such as probation and out-of- home

placement shall be shouldered by the parents;
2. Courts may order the families of youthful offenders to attend
counseling together with the offender,
3. The health insurance policies of parents may also be accessed to
pay for the juvenile offender's upkeep while in the custody of the
state. This will include medical care and drug treatment expenses for
the juvenile offender.
 It is hoped that by hurting the pockets of parents, they will become more
conscious and careful in nurturing responsible youths.
 In the United States, Kansas is considered as one of the trendsetters in
terms of moderation and common sense. Where Kansas goes, the rest
of the country goes too. So it is highly probable that these "moderate
and sensible" measures will soon be copied by other states. And the
United States is also the world's trendsetter. Whatever she does, the
rest of the world will soon follow suit.
 The State of Connecticut, meanwhile, utilizes the traditional methods of
corrections but have it bolstered through the setting of higher
competitive standards in the recruitment of only the most qualified and
best-prepared applicants. The Connecticut Department of Corrections
(CDOC) ensures this through a partnership with the statewide
community college system. Together, corrections and academe
developed a criminal justice pre-employment curriculum and internship
that gives the students practical knowledge, skills and attitude to
become a well- grounded and adequately prepared entry-level
corrections officer.
 CDOC also equip its recruits with a pre-service training program that
includes the orientation of their families making them understand the kind
of work their member does as a corrections officer. The body and expects
them to wholeheartedly support the said officer. CDOC realizes that
assuming such position makes them vulnerable to great stress and high
divorce probability rate due to lengthy working hours. But through the
spouse understanding of the nature of corrections work and providing
appropriate support, this stress and strain on family relationships becomes
manageable.
 In the US, recidivism hovers at a high 40 to 70 percent. Not unlike in the
Philippines where it is low because of the Filipino culture of the extended
family system where a released inmate will not be found wanting in
whatever support from family and relatives including even the very distant
ones. In the US, a person becomes independent upon reaching the age of
18 and he has to get out of his parents' house whether he has a job or not.
Once a person becomes independent, no support is ever extended to him
even by his own parents or siblings. So much so that when a man
becomes incarcerated, there is no family to rely on for suppon especially at
the most vulnerable time in the few months after his release.
 It is in this context of the American way of life that it is crucial that a
newly released inmate be given all the support he ords to make a
successful transition him to mainstream US society, In the state of
Florida, a non-profit company called the Prison Rehabilitative Industries
and Diversified Enterprises (PRIDE) operates prison industries with a
mission to provide job skills training for inmates while still behind bars
and offer job placement after release. PRIDE has been operating
behind bars since 1981 in cooperation with the Florida Department of
Corrections. It complements other vocational and educational
programs offered in Florida state prisons.
The three missions of PRIDE are:
1. improve prison security by reducing idleness and providing
incentives for good behavior;
2. reduce state budgetary needs by utilizing inmate labor to produce
goods and services; and
3. improve inmate rehabilitation by closely resembling work set-up to
outside business enterprises.
 The Florida Department of Juvenile Justice (DJJ) has also a similar
program for its juvenile offenders. Three years ago, it contracted a
private corporation, Securicor New Century Plc to help in the design and
operation of a program for juvenile inmates. This public-private
partnership came up with a program called STREET Smart (Success,
Transition assistance, Reduced recidivism, Employment, Education and
Teamwork), and is proving, to be a success. Juvenile offenders accepted
to the program not only learn solid technical skills and actual work
experiences needed to get a job upon release. They also acquired the
skills on how to conduct themselves responsibly especially with bosses
and fellow workers that are not easy to get along with. In short, they are
taught the interpersonal skills to go through life in a positive and
acceptable way.
 The State of Maryland Division of Corrections also utilize a prison

industry arm, the State Use Industries (SUI) to operate industries using
qualified inmates to work in a set-up closely resembling the work
operation of businesses in the private sector. In 2001, SUI employed
1,377 inmates in nine state prisons producing furniture, textile, graphics,
metal products and meat processing which was sold for over $38 million.
 Likewise, the State of North Dakota also has a strong
corrections industries program with its partnership with the
Rough Rider Industries. The state does not spend anything
for this program. They teach skills to the inmates and bring
the inmates out of the cells to work eight hours a day in the
factories located inside the facility. The products being
turned out include furniture, upholstery, metal factory, cut
and sew operation, and signs. Before an inmate could be
accepted to work, however, he must be of good behavior
and complies with all the treatment and education
programming he is designed to undergo
 The Louisiana State Penitentiary at Angola is also another prison
facility that is comprehensive in its treatment and rehabilitation
program for its long-term inmates. They are provided with
meaningful educational and training opportunities, gainful work,
good recreational activities, maintain positive family relations, and
spiritual formation. To maintain order and discipline, each inmate is
his "brother's keeper." Every inmate is responsible for the
actuations of all the others. There is collective responsibility and
collective guilt. The infraction of one is the infraction of all and their
privileges are collectively withdrawn when this happens. This
moves the inmates to discipline their ranks and report to prison
authorities anyone who threaten the stability of the facility. For
example, if a weapon will be found that have been produced in a
workshop, the entire area will be closed thereby affecting the work
of all those assigned there. This in turn will affect the income of the
inmates working there. Inmates are then in no mood to violate the
rules knowing that other inmates will suffer. And they are
discouraged from doing this knowing that other inmates who want
to ensure that their privileges are available will always be watching
and apt to report them.
 The inmates earn income from their products and the prison host annual
events featuring exhibits and sale of inmate products. But the inmates are
not only encouraged to earn and learn. They are also urged to grow
spiritually, be morally rehabilitated and change from within, and be
compassionate and most of all, to learn the importance of every single life
and value it. Not only a change of mind but a change of heart. To achieve
this, religious volunteers are allowed access to the inmates. In fact, a one-
of-a-Bible College offering a four-year degree program in theology,
sociology and general studies in partnership with an accredited college.
By allowing this religious learning plus the other activities such as the
award- winning hospice program and the making of caskets and hearses
helped to spread a spiritual atmosphere that contributed to less violence.
These older inmates but trained to become wiser has been programmed
to become positive role models for newly arriving, younger, laden with
anger inmates. The prison staff makes use of their services and training to
give orientation to the new arrivals, serve as counselors, tutors, vocational
instructors and religious ministers for those who graduated from the bible
college.
 In 1997, the States of Florida, New York and Texas with funding from the
Department of Education's Star Schools Program, banded together to form
the Justice Distance Learning Consortium (JDLC). JDLC launched SAFETY-
NET (Systems Applications For Educating Troubled Youths) in 63 corrections
facilities in the three states the purpose of which was to develop a
distribution network for high-quality video, computer and Internet educational
resources for classrooms within prison walls.
 Prison educators and teachers have benefited immensely from the wealth
of curriculum materials and multimedia resources to reach students with
different learning styles. Many inmates are not as normal as those students
from the outside and that the traditional classroom experience is not
effective with these special learners. With SAFETY-NET, learning is no
longer confined to the traditional styles of reading for the entire class but has
become interactive, fun and challenging. There is a wide array of programs,
teaching aids and lesson plans available on the website along with
discussion forums and a place to share student projects. Teachers in every
subject will find readily available resources to help them reach students who
normally would not imbibe knowledge in traditional classroom settings and
would need more than a written report of materials they have studied to
learn. The program, also allows teachers to participate in professional
development workshops and seminars through these facilities.
South Africa
 A new concept in the treatment and rehabilitation of juvenile offenders

in South Africa is being pioneered in the juvenile section of the
Leeuwkop Medium-B Prison in Johannesburg, South Africa. This is
called Reintegration Center or RC. Should this prove effective, RC's
will be proposed for construction outside of prison facilities where the
youth offenders will be retransformed.
 Reintegration Centers will serve as a platform for the institution of
programs designed not only to rehabilitate but also to successfully
return young offenders back into mainstream society. The ingredients
that must be present to make reintegration a reality are:
1. ardent support from the community
2. affectionate family cooperation.
3. life skills development.
 The community should be able to make the inmate feel
accepted upon his return. The business community in
particular should be able to give the chance to the
released youth to be employed and prove himself
worthy. The RC program has tapped an employment
agency to place the offender for work commensurate
to his qualifications and expectations upon release. As
part of its community support building efforts, RC
program embarked on information campaign in
schools, offices, communities and even international
audiences with speakers talking from their personal
experiences who led a life of violence and crime
making the message very forceful but very convincing
 The offender's family is also part of the equation for
success. They are his immediate and most reliable pillars
of support especially in the early readjustment periods he
will go through after his release. A supportive family will
enhance the youth's resolve to succeed.
 The life skills development involves two activities. The
first is Usiko, which, in the local dialect, means heritage.
Usiko involves traditional lessons focusing on values and
morals combined with life skills building exercises aimed
at regaining the offender's self-respect and sense of
responsibility. The second activity is a three-month self-
study effort through experiential learning but with
facilitated group discussions designed to lead to self-
discovery and self-transformation. Part of the activities is
an emotional intelligence workshop,
 Tests will be conducted on the youth offender and an
individualized training program suited to his unique
needs will be formulated. The aim of training is for the
participant to develop competencies useful for lifelong
learning by addressing illiteracy and poor numeracy,
weak creativity, problem-solving, team building,
behavioral and social skills, sense of responsibility and
self-esteem. To be useful, the training will be accredited.
 A shade of Restorative Justice is present in this RC

program because part of the effort is working with the
victim's family. The focus is total to ensure that supports
from all quarters are maximized as a way to minimize
returning to a life of crime.
Sweden
The basic philosophy of the Swedes as far as their criminal justice is

concerned is that incarceration should as much as possible be
avoided. To them, the cost of imprisoning convicts does not
adequately compensate for the returns they get from it. It is not that
offenders should be left off the hook without in any way being made
responsible and atone for his crime. Some of the measures adopted
as penal sanctions in Sweden are:
1. Probation.
 This is the most common form of sanction used. The is usually
under probation supervision for a period of probationer i one year
depending on the severity of the crime and the sentence Sometimes
probation is granted only after a short prison sentence have been
served or the court-ordered fine have been paid. Just like any other
country, any violation of the terms and conditions of probation will
cancel it and the probationer shall have to serve his sentence
behind bars,
2. Probation with community service
 Under this scheme, the offender has been so sentenced by
the courts to go on probation but must render service to the
community designated by the court. The offender is required to
perform work during his spare time the length of work is
between 40 to 240 hours depending on the seriousness of the
crime committed. The Swedish Probation Service rely on
community volunteers to assist in the supervision of the
probationer's community service. In some cases, they
supervise the probationer themselves. These volunteers are
called lay supervisors and they are responsible for ensuring
that the probationer complies with the conditions of his
probation. They also assist the probationer in meeting his
housing needs and finding a job.
3. Probation with treatment is a method by which convicted
offenders with drug abuse problems undergo compulsory
treatment while under probation and be healed as a condition
for not going to prison to serve his sentence.
4. House imprisonment with probation supervision.

 This is something similar to the house arrests resorted to by
President Marcos at the height of the Martial Law years as a way
to curtail the activities of people opposed to his form of
government. Under this set-up of the Swedes an offender is
ordered by the court to serve his sentence at home and the
Swedish Probation Service supervises him. To carry out his
supervision, he is monitored at home through electronic
surveillance equipment installed by the authorities at the offender's
home.
5. Conditional sentencing.
 This sanction is applied to first- time offenders where the
sentencing court see that the offender will not likely to commit
another crime. This conditional sentencing penalty will be
revoked if the offender commits another crime within two-years
from his original sentencing. The offender is not supervised and
virtually scot-free. Sometimes the penalty is combined with
community service as a way to repay for the offender's
misdeeds. In other times, the penalty can also be combined
with a fine if the offender does not want to render community
service, either out of a sense of shame or the offender's
circumstances renders him unable to perform such service.
In summary, these penal sanctions are comparably
much, much lenient and liberal compared with the more
aggressive and brutal penal practices imposed in other
countries. This, however, is indicative of the underlying
atmosphere of social democratic philosophies
pervading in the Scandinavian countries of which
Sweden is part. This also underscores the fact that the
Swedes are law-abiding and they are confident that
their brand of justice is more effective without having to
resort to more violent sanctions such as actual
imprisonment. To them, nothing is more abhorrent than
to respond to the problems of criminal violence and
brutality through state violence and brutality too.
Canada
 The correctional practices of Canada, the United States' backdoor

neighbor to the north, models its programs after the American
experience. But like in many parts of the world, there is a growing
realization in this country of the uselessness of incarceration in
certain cases, particularly drug abuse. Canadian criminal justice
practitioners are finding out that treating offenders in the community
instead of resorting to the uneconomical method of incarcerating them
in expensive prison facilities is more effective.
 With this, the Justice Department of the Federal Government of
Canada came up with a National Strategy on Community Safety and
Crime Prevention program that is funded and administered by the
National Crime Prevention Center. For a starter, they operationalized
a Court in Toronto, Canada which is tasked with supervising the
treatment of offenders charged with prostitution-related offenses,
possession or trafficking of small amounts of drugs, and other similar
non-violent crimes
Test Your Self...
Exercise H-
Fill in the blank with the correct answer
1. It is serve as a platform for the institution of programs designed not only to rehabilitate
but also to successfully return young offenders back into mainstream society.
2. It involves traditional lessons focusing on values and morals combined with life skills
building exercises aimed at regaining the offender's self-respect and sense of responsibility.
3. What is the most common form of sanction used.
4. The offender has been so sentenced by the courts to go on probation but must render
service to the community designated by the court.
5. What method which convicted offenders with drug abuse problems undergo compulsory
treatment while under probation and be healed as a condition for not going to prison to serve
his sentence.
6. What sanction is applied to first-time offenders where the sentencing court see that the
offender will not likely to commit another crime.
7. It is similar to the house arrest resorted to President Marcos at the height of the Martial
Law.
8. The tasked are supervising the treatment of offenders charged with prostitution-related
offenses, possession or trafficking of small amounts of drugs, and other similar non- violent
crimes.
9. The offender is required to perform work during his spare time the length of work is
between 40 to 240 hours depending on the seriousness of the crime committed.
10. The penalty will be revoked if the offender commits another crime within two-years from
his original sentencing.
VICTIMS COMPENSATION PROGRAM BY ATTY.
ARTEMIO G. TUQUERO SECRETARY OF
JUSTICE REPUBLIC ACT NO. 7309 AN ACT
CREATING A BOARD OF CLAIMS UNDER THE
DEPARTMENT OF JUSTICE FOR VICTIMS OF
UNJUST IMPRISONMENT OR DETENTION AND
VICTIM OF VIOLENT CRIMES AND FOR OTHER
PURPOSES.
SECTION 1. Creation and composition of the
board.
 There is hereby created a Board of Claims under

the Department of Justice, hereinafter referred to
as the Boar, to be composed of one 910 chairman
and two (2) members to be appointed by the
Secretary of the said Department.
SECTION 2. Powers and Functions of
the Board. The Board
The Board shall have the following powers and functions:
To receive, evaluate, process and investigate applications for claims

under this Act;
a. To conduct, an independent administrative hearing and resolve

applications for claims, grant or deny the same;
b. To deputize appropriate government agencies in order effectively
implement its functions; and to
c. To promulgate rules and regulations in order to carry out the
objectives of this Act.
SECTION 3. who may File claim
 The following may file claims for compensation before the Board:
a. Any person who was unjustly accused, convicted, and imprisoned

but subsequently released by virtue of a judgment of acquittal;
b. Any person who was unjustly detained and released without being
charged;
c Any victim of arbitrary or illegal detention by the authorities as defined
in the revised penal code under a final judgment of the court; and
d. Any person who is a victim of violent crimes. For purposes of this
Act, violent crimes shall include rape and shall likewise refer to offenses
committed with malice which resulted in death or serious physical
and/or psychological injuries, permanent incapacity or disability,
insanity, abortion, serious trauma, or committed with torture, cruelty or
barbarity.
SECTION 4. Award Ceiling
 For victims of unjust imprisonment or detention, the compensation
shall be based on the number of months of imprisonment or
detention and every fraction thereof shall be considered one month:
Provided, however, That in no case shall such compensation exceed
One thousand pesos (P1,000.00) per month. (b) In all other cases,
the maximum amount for which the board may approve a claim shall
not exceed Ten Thousand pesos (P10,000.00) or the amount
necessary to reimburse the claimant the expenses incurred for
hospitalization, medical treatment, loss of wage, loss of support or
other expenses directly related to the injury, whichever is lower. This
is without prejudice to the right of the claimant to seek other
remedies under existing laws.
SEC. 5 When to file Claims
 any person entitled to compensation under this Act must,
within six 96) months after being released from
imprisonment or detention, or from the date the victim
suffered damage or injury, file his claim with the
Department, otherwise, he is deemed to have waived the
same. Except as provided for in this Act, no waiver of
claim whatsoever is valid.
SEC. 6 Filing of claims by Heirs
 In case of death or incapacity of any person

entitled to any award under this Act, the claim
may be filed by his heirs, in the following order.
by his surviving spouse, children, natural
parents, brother and/or sister.
Sec. 7- Resolution of Claims
The board shall resolve the claim within thirty
930) working days after filing of the application.
The Board shall adopt an expeditious and
inexpensive procedure for the claimants to
follow in order to secure their claims under this
Act.
SEC. 8 Appeal
 Any aggrieved claimant may appeal, within
fifteen 915) days from receipt of the resolution
of the Board, to the secretary of justice whose
decision shall be final and executory.
SEC.9 Funding
For purposes of this Act, the initial amount of Ten million pesos
(P10,000,000.00) is hereby authorized to be appropriated from the funds of
the national treasury not otherwise appropriated
The subsequent annual funding shall also partly come from one percent
(1%) of the net income of the Philippine Amusement and Gaming
Corporation and one percent (1%) of the proceeds and sales and other
disposition of military camps in Metro manila by the Bases Conversion and
Development Authority.
The proceeds from any contract relating to the depiction of a crime in a

movie, book, newspaper, magazine, radio or television production, or live
entertainment of any kind or any other form of commercial exploitation of a
convict's story, recollection, opinions and emotions with regard to the
offense committed shall not be released to a convict in a criminal case or his
heirs, agents, assignees or
be limited to, judicial awards, funeral expenses, medical expenses, lost earnings and the like. To ensure the continuity of the funding requirements under this Act th
 Successors in the interest until full compensation for damages

sufired by or awarded, to the victim, his heirs or successors in
interest until full compensation for damages suffered by or
awarded, to the victim his heirs or successor in interest is paid or
arranged for, and the state is able to collect/asses fines and cost
and any other amounts due to it in case of a conviction by final
judgment. Such damages shall include, but shall not be limited to,
judicial awards, funeral expenses, medical expenses, lost earnings
and the like.
 To ensure the continuity of the funding requirements under this Act

the amount of Five pesos (5.00) shall be set aside from each filing
fee in every civil case filed with the court, the total proceeds of
which shall constitute the Victim Compensation Fund to be
administered by the Department of Justice.
Sec.10 Repealing Clause.
All laws, executive order and executive
Issuances inconsistent with this Act are
hereby deemed repealed or modified
accordingly.
Sec. 11. Separability Clause.
 If for any reason any section or provision of

this Act shall be declared unconstitutional or
invalid, no other section or provision shall be
affected thereby.
Sec. 12. Effectivity Clause
 This Act shall take effect after its

publication in two (2) newspapers of
general education.
VICTIM'S COMPENSATION PROGRAM AT A
GLANCE
What is the Victims' Compensation program?

 This is a program which gives compensation in the amount not
exceeding P10,0000.00 to victim of unjust imprisonment or
detention and of violent crimes.
Who can apply for compensation?

 Those Unjustly accused convicted and imprisoned subsequently
acquitted by a court.
 Unjustly detained and released without being charged.
 . Arbitrarily or illegally detained by the authorities as established
under a final court judgment. .
 Who are victims of a violent crime.
How do I file a claim?
Get an application Form from the Board of claims at the

Department of Justice, Padre Faura, Manila Or from the
regional State prosecutor nearest you. Where do I file a
claim? After you fill up the application form, submit the
same directly to the Board of claims or to the regional
state Prosecutor nearest you.
Where do I file a claim?
 After you fill up the application form, submit the same directly to the
Board of claims or to the regional state Prosecutor nearest you
When should I file the claim?
 The claim should be filed within six (6) months after release from
imprisonment or detention or after the violent crime was committed.
 Can a claim be filed by the heirs of the victim who dies or is

incapacitated?
 Yes, the claim may be filed by the victim's surviving spouse,

children, natural parents, brother and/or sister, in that order.
VICTIMS' COMPENSATION PROGRAM BY'
ATTY. ARTEMIO G. TUQUERO SECRETARY
OF JUSTICE REPUBLIC ACT NO. 7309
AN ACT CREATING A BOARD OF CLAIMS
UNDER THE DEPARTMENT OF JUSTICE FOR
VICTIMS OF UNJUST IMPRISONMENT OR
DETENTION AND VICTIM OF VIOLENT
CRIMES AND FOR OTHER PURPOSES.
SECTION 1. Creation and composition
of the board.
 There is hereby created a Board of Claims under

the Department of Justice, hereinafter referred to
as the Board, to be composed of one 910
chairman and two (2) members to be appointed by
the Secretary of the said Department
SECTION 2. Powers and
Functions of the Board.
 The Board shall have the following powers and functions: To

receive, evaluate, process and investigate applications for
claims under this Act: and
 a. To conduct an independent administrative hearing resolve
applications for claims, grant or deny the same;
 b. To deputize appropriate government agencies in order to
effectively implement its functions; and
 c. To promulgate rules and regulations in order to carry out the
objectives of this Act
SECTION 3. who may File claim
 a. Any person who was unjustly accused, convicted, and imprisoned
but subsequently released by virtue of a judgment of acquittal;
 b. Any person who was unjustly detained and released without being
charged;
 c. Any victim of arbitrary or illegal detention by the authorities as
defined in the revised penal code under a final judgment of the court,
and
 d. Any person who is a victim of violent crimes. For purposes of this
Act, violent crimes shall include rape and shall likewise refer to
offenses committed with malice which resulted in death or serious
physical and/or psychological injuries, permanent incapacity or
disability, insanity, abortion, serious trauma, or committed with torture,
cruelty or barbarity.
SECTION 4. Award Ceiling
 For victims of unjust imprisonment or detention, the compensation
shall be based on the number of months of imprisonment or
detention and every fraction thereof shall be considered one month:
Provided, however, That in no case shall such compensation exceed
One thousand pesos (P1,000.00) per month. (b) In all other cases,
the maximum amount for which the board may approve a claim shall
not exceed Ten Thousand pesos (P10,000.00) or the amount
necessary to reimburse the claimant the expenses incurred for
hospitalization, medical treatment, loss of wage, loss of support or
other expenses directly related to the injury, whichever is lower. This
is without prejudice to the right of the claimant to seek other
remedies under existing laws.
SEC. 5 When to file Claims
 any person entitled to compensation under this Act
must, within six 96) months after being released from
imprisonment or detention, or from the date the victim
suffered damage or injury, file his claim with the
Department, otherwise, he is deemed to have waived
the same. Except as provided for in this Act, no waiver
of claim whatsoever is valid.
SEC. 6- Filing of claims by Heirs
 In case of death or incapacity of any person
entitled to any award under this Act, the claim
may be filed by his heirs, in the following
order. by his surviving spouse, children,
natural parents, brother and/or sister.
Sec. 7-Resolution of Claims
 The board shall resolve the claim within thirty
930) working days after filing of the application.
The Board shall adopt an expeditious and
inexpensive procedure for the claimants to
follow in order to secure their claims under this
Act.
SEC. 8 Appeal
 Any aggrieved claimant may appeal, within
fifteen 915) days from receipt of the resolution of
the Board, to the secretary of justice whose
decision shall be final and executory.
SEC.9 Funding
 For purposes of this Act, the initial amount of Ten million pesos (P10,000,000.00) is hereby
authorized to be appropriated from the funds of the national treasury not otherwise
appropriated.
 The subsequent annual funding shall also partly come from one percent (1%) of the net
income of the Philippine Amusement and Gaming Corporation and one percent (1%) of the
proceeds and sales and other disposition of military camps in Metro manila by the Bases
Conversion and Development Authority.
 The proceeds from any contract relating to the depiction of a crime in a movie, book,
newspaper, magazine, radio or television production, or live entertainment of any kind or
any other form of commercial exploitation of a convict's story, recollection, opinions and
emotions with regard to the offense committed shall not be released to a convict in a
criminal case or his heirs, agents, assignees or
 Successors in the interest until full compensation for damages suffered by or awarded, to
the victim, his heirs or successors in interest until full compensation for damages suffered
by or awarded, to the victim, his heirs or successor in interest is paid or arranged for, and
the state is able to collect/asses fines and cost and any other amounts due to it in case of a
conviction by final judgment. Such damages shall include, but shall not be limited to,
judicial awards, funeral expenses, medical expenses, lost earnings and the like.
 To ensure the continuity of the funding requirements under this Act, the amount of Five
pesos (5.00) shall be set aside from each filing fee in every civil case filed with the court,
the total proceeds of which shall constitute the Victim Compensation Fund to be
administered by the Department of Justice.
Sec.10 Repealing Clause.
All laws, executive order and

executive issuances
inconsistent with this Act are
hereby deemed repealed or
modified accordingly.
Sec. 11. Separability Clause.
 If for any reason any section or provision of this
Act shall be declared unconstitutional or invalid.
no other section or provision shall be affected
thereby.
Sec. 12. Effectivity Clause
This Act shall take effect after its
publication in two (2) newspapers of
general education.
VICTIM'S COMPENSATION
PROGRAM AT A GLANCE
What is the Victims' Compensation program?

 This is a program which gives compensation in the amount not
exceeding P10,0000.00 to victim of unjust imprisonment or detention
and of violent crimes.
Who can apply for compensation?
 Those • Unjustly accused convicted and imprisoned and subsequently
acquitted by a court.
 Unjustly detained and released without being charged.
 Arbitrarily or illegally detained by the authorities as established under a
final court judgment.
 Who are victims of a violent crime.
How do I file a claim?
 Get an application Form from the Board of claims at the Department of
Justice, Padre Faura, Manila Or from the regional State prosecutor
nearest you.
Where do I file a claim?
 After you fill up the application form, submit the same directly to the
Board of claims or to the regional state Prosecutor nearest you.
When should I file the claim?
 The claim should be filed within six (6) months after release from
imprisonment or detention or after the violent crime was committed.
Can a claim be filed by the heirs of the victim who dies or is
incapacitated?
 Yes, the claim may be filed by the victim's surviving spouse, children,
natural parents, brother and/or sister, in that order.

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RULE 2.9.

 The Board may grant a prisoner parole based on

 The Board shall meet in executive session

 A majority of all the members of the Board shall

 A majority of the members of the Board,

 RULE 3.1. Release; Form of Release Document

 The Board shall send a copy of the Release

 After release from confinement, the parolee shall

 Within the period prescribed in his Release

 The Probation and Parole Officer concerned shall

 It shall be mandatory for a parolee to comply with

 The Board may, motu propio or upon

 A parolee may not transfer from the place of

 Any parolee under active supervision/surveillance

 Upon receipt of an Infraction Report, the Board

 The parolee who is recommitted to prison by the

 The Board may withdraw/cancel the Release

(as amended by OT-11-02-12, dated Feb. 09, 2012)

 Upon receipt of the Summary Report, the Board

 Upon the issuance of a certificate of Final Release

 The Board shall forward a certified true copy of the

 The Rules and Regulations of the Board of

 These Rules shall take effect upon approval by the

 Under Section 19, Article VII of the Constitution,

(as amended by Board Resolution No. 24-4-10 dated

 The Board may consider cases for executive

 The Board shall recommend to the President the

 When none of the extraordinary circumstances

 At least one-third (1/3) of the definite or aggregate

(as amended by Resolution No. OT-11-02-12 dated

 The prisoner should have served his maximum

a. The prisoner’s biographic data

 To the Commission on Elections, if it involves violations

 The Director or Warden concerned shall forward

 The Board shall cause the publication once in a

 Any matter pertaining to executive clemency,

 The Board shall meet once a week, or oftener

 A majority of all the members of the Board shall

 When an opposition to the grant of executive

 At least majority of the sitting members of the

After due deliberation, the Board has found such circumstances

 FROM THE OFFICE OF THE PRESIDENT, THE

(as amended by Board Resolution No. OT-11-02-

(as amended by Board Resolution No. OT-11-02-12

 The Probation and Parole Officer shall submit his

 Upon the determination that a PARDONEE has

(as amended by Board Resolution No. OT-11-02-12

 Upon the expiration of the period stated in the document

 The clearances from the police, court, prosecutor’s office and

 Upon receipt of the Summary Report, the Board

(as amended by Board Resolution No. OT-11-02-12

 An alien who is released on pardon shall be

 The provisions pertaining to executive clemency of

2. When the sentence imposes a fine only and the

 The prisoner is released after he has served his

 The prisoner is released under conditions of parole

 Known as the Child and youth Welfare Code which

 Suspended sentence, however, became automatic

 The offenders under custody can be released to a

 Person charge with a light felony.

 Persons charged with a criminal offense, the prescribed

 When the offender is committed to any BJMP jail.