COMMUNITY BASED

CORRECTION

Ms. CHRISTINA MAE M. LAGUDA

PHILIPPINE INSTITUTIONAL CORRECTIONS
Two Systems-Based Approaches to corrections
As part of the Criminal Justice System, the
Philippine corrections pillar at present has two systems
based approaches:
1) Non Institutional/Community Based Treatment – a
convicted person is allowed to serve his sentence in the
community.
2) Institutional Based Treatment – a convicted person
will serve his sentence in the institutional institution.
 *NON-INSTITUTIONAL CORECTIONS*

Take charge of correcting offender through

community-based program such as probation,
suspended sentence for first time minor offenders,
parole and conditional pardon.
Under the Department of Justice, the
offices that are tasked to carry out the
mission of corrections rest with:
1. Bureau of Corrections (BuCor),
2. Board of Pardons and Parole (BPP),
and
3. Parole and Probations
Administration (PPA).
 GOVERNMENT AGENCY FOR COMMUNITY BASED
CORRECTION
PAROLE AND PROBATION ADMINISTRATION
• Headed by Administrator
• Handles the investigation of petitioner for probation; and
• Supervision of probationer, parolee and conditional
pardonee.
• Hon. Teodulo Natividad was the first Administrator
BOARD OF PARDONS AND PAROLE
ammended by EO 868
• Headed by Chairman with the rank of UNDERSECRETARY
(Secretary of Justice)
• Responsible for granting of parole and
• Recommends executive clemency to the President
WITH 7 member/ sociologist, clergyman, educator,
correction work, member of IBP, retired member of
judiciary, and Administrator of PPA as ef officio member
(rank of Assitant Secretary) and at least 1 woman
PIONEERS AND FOUNDERS OF PROBATION
• JOHN AUGUSTUS – he is regarded as the “father of probation” in
the United States of America who coined the term “probation”
which he derived from the Latin word “probare”, meaning “to
prove, to test”.

• MATTHEW DAVENPORT HILL – he is considered as the “father of

probation” in England.

• TEODULO NATIVIDAD – He is known as the “father of probation” in

the Philippines
Act 4103 – December 05 1933
E.O 83 Series of 1937 – Board of Pardons
E.O 94 Series of 1947 – Board of Pardons and
Parole
E.O 292 – November 23, 1989 Probation
Administration to Parole and Probation
Administration.
DEVELOPMENT OF PROBATION
• Probation has historical root in the practice of judicial reprieve in English
common law. The courts could temporarily suspend the execution of a
sentence to allow the defendant to appeal to the Crown for a pardon.

• During the time of King Henry VIII for instance, no less than 200 crimes
were punishable by death, many of which were minor offense. Evolution of
punishment led to discontent by the society.

• In United States, probation was practiced by JOHN AUGUSTUS (Boston

shoemaker or cobbler in 1841). Although the first probation law was
passed in Massachusetts in 1878, the same was widely used only upon the
passage of the First Juvenile Court law of Cook country in Chicago in 1899.
 A Boston Shoemaker, John
Augustus was interceding
with the courts to suspend
the sentence of youthful
offenders and alcoholics and
place them in his charge and
help them find
employment.
The first true probation officer is no other than JOHN
AUGUSTUS
Washington Total Abstinence, which he was a member, led
him to Boston courts.

Since Washingtonians abstained from alcohol believed that

alcoholic could be rehabilitated through understanding,
kindness, and sustained moral persuasion rather than
punishments, in 1841, John Augustus bailed out a
“common drunkard,” who served as the first probationer.
In 1858, Augustus had provided bail for
1,946 offenders, by which, only 10
forfeited their bond, which implies that
his advocacy is effective in
rehabilitating violators.
JUDGE PETER OXENBRIDGE THATCHER – Judge of Boston
who used Release and Recognizance (ROR) or bail and simply
refrained from taking any further actions.

In 1870, Father Cook, a Bostonian, continued the work of

John Augustus by identifying youthful offenders being tried
in the courts and whose cases were committed by forces of
circumstances and not due to the criminal nature of
offender.
The first probation law was first passed by the
legislatures of Massachusetts and signed into law by
Governor Alexander H. Rice on April 26, 1878.

In 1887, the city of Boston appointed EDWARD H.

SAVAGE, former chief of police of the same city, as the
first probation officer of the government.
Matthew Davenport Hill – is
considered the father of probation in
England beginning in the year 1941,
he has thus acted with regard to
juvenile offenders.
History of Probation in
the Philippines
 Philippine Probation System
Probation was first introduced in
the Philippines during the American colonial
period (Act No. 4221) August 7, 1935 known
as the Probation Act.

This law created a Probation Office under

the DOJ
On Nov.16, 1937, after two years of
existence, the SC of the Philippines declared
the Probation Law unconstitutional because
of some defects in the law's procedural
framework.
P.P. vs. Vera 37 C.G. 164 – First probation
law of 1935 become unconstitutional after 2
years.
In 1972, House Bill No. 393 was filed
in Congress, which would establish a
probation system in the Philippines.

Congressman Teodulo C. Natividad, the first

Probation Administrator, and Ramon Bagatsing
(then Mayor of Manila) introduced in Congress
House Bill 393 entitled “An Act Establishing
Probation in the Philippines”
The bill was passed by the House
of Representatives, but was
pending in the Senate when Martial
Law was declared
and Congress was abolished.
On July 24, 1976, P.D. 968, “The
Probation Law of 1976”, was signed
into Law by the President of the
Philippines.

The probation system started to

operate on Jan. 3, 1978.
PAROLE AND PROBATION ADMINISTRATION (PPA)
• Administers the probation system under PD 968 as amended;
• Enforces general supervision over all clients who were released through
probation, parole and pardon;
• Promotes reformation and rehabilitation of clients;
• Its main office is located at DOJ Agencies Building, NIA Road Corner East
Avenue, Diliman, Quezon City.
• Headed by an Administrator who exercises overall supervision and control
over the operation of PPA, including those in the field.
• The Administrator is assisted by an Assistant Probation Administrator.
• The two high-ranking officials in PPA are appointed by the President with
term of six years or co-terminus to the term of the President.
A. INVESTIGATION
• Conduct character investigation of petitioner or applicants for probation
referred for evaluation by the courts.
• Conduct studies on the petitioner’s experiences, mental and physical
conditions, character, socio-economic status, criminal records, family and
educational background and other aspects of his life.
• Submit to the court a post-sentence investigation report, which will be the
basis for granting or denying probation.
• Conduct pre-parole and executive clemency investigation and submission
of recommendation to the BPP.
B. SUPERVISION
• Provide guidelines, rules and regulations on the implementation
of the Probation Law, and on the proper compliance/observance
by clients of their conditions for parole, probation and pardon.
• Monitor compliance by client with said conditions and report the
same to the proper authorities.
• Undertake reformation program for probationers, parolees and
pardonees through community-based rehabilitation/treatment
activities like job-placement referrals, vocational skills training,
literacy programs, livelihood projects and other spiritual, social
and economic activities to uplift their lives.
PROBATION
It is a disposition under which a defendant, after conviction and
sentence, is released subject to the conditions imposed by the court
and to the supervision of a probation officer.
PURPOSE OF PROBATION
1.Promote the correction and rehabilitation of an offender by
providing him with individualized treatment;
2.Provide an opportunity for the reformation of a penitent offender;
and
3.Prevent commission of offense.
 Sample Question
What is the law amending certain provision
of PD 968 which was approved last
November 27, 2015?

a.RA 10707
b.RA 10630
c. RA 10175
d.RA 11479
ABSCONDING PETITIONER
He is a convicted defendant whose
application for probation has been given due
course by the court but fails to report to the
probation officer or his location is unknown.
ABSCONDING PROBATIONER
He is a person whose probation was granted but
failed to report for supervision within the period
ordered by the court or his location is unknown.
WHEN TO APPLY PROBATION?
• At anytime within the period of perfecting an appeal
or within 15 days after conviction and sentence.

WHO GRANTS PROBATION?

• It is only the court that tried and decided the case
may grant the application.
REQUIREMENTS ON HOW TO AVAIL THE BENEFITS OF PD
968, AS AMENDED
SECTION 4. GRANT OF PROBATION
Subject to the provisions of this Decree, the trial court may,
after it shall have convicted and sentenced a defendant for a
probationable penalty and upon application by said
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the
defendant on probation for such period and upon such
terms and conditions as it may deem best.
Reminders:
 No application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of
conviction;

 When a judgment of conviction imposing a non-probationable

penalty is appealed or reviewed, and such judgment is
modified through the imposition of a probationable penalty, the
defendant shall be allowed to apply for probation based on the
modified decision before such decision becomes final.
 “This notwithstanding, the accused shall lose the
benefit of probation should he seek a review of the
modified decision which already imposes a
probationable penalty.
 “Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. The
filing of the application shall be deemed a waiver of
the right to appeal.
 “An order granting or denying probation shall not be
appealable.”
• After conviction GRANT OF
• Upon application of the offender PROBATION
• Application – within the period of perfecting an
appeal (15 days)
• For imprisonment or a fine only
• Application is a waiver of the right to appeal
• Denial or grant is NOT appealable
NATURE OF PROBATION
• It is a mere privilege
• It suspends the execution of sentence

PROBATION LAWS
*Probation is another form of non-institutional
corrections practices that gives a sentenced convict the
chance to reform and rehabilitate himself without
having to spend time in jails.

*Probation does not confine to prison a sentenced

prisoner but rather he will released and undergo
personalized community based treatment, while in
parole, the parolee will have to serve a portion of his
sentence before he is eligible for parole.
Parole is different from probation in
that the parole is administrative
function of the executive branch of
the government, while the probation
is the judicial function.
In Parole, the offender serves part
of the sentence in prison before he
is released, while in the probation
the convicted offender does not
need to go to prison at all.
In other words, parole is an extension of
an institutional treatment while
Probation is a substitute for
imprisonment.

Parole is granted by the board, while the

probation is granted by the court.
Both releases are conditional
and subject to supervision of
parole or probation officer.
Supervision – refers to the
continuing relationship
between the probationer and
the probation officer.
 Sample Question
The Judge’s bases of the grant
of probation relies on the report
of?

a.Probation Officer
Section 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 petition for probation not

later than fifteen days after receipt of said report.
SEC. 8. Criteria for placing an offender on Probation. –
In determine whether an offender may placed on
probation, the court shall consider all information
relative to the character, antecedents, environment,
mental and physical condition of the offender, and
available institutional and community resources.

Probation shall be denied if the court finds that:

(a) The offender is in need of correctional
treatment that can be provided most effectively
by his commitment to an institution: or
(b) There is an undue risk that during the period
of probation the offender will commit another
crime, or
(c) Probation will depreciate the seriousness of
the offense committed.
SECTION 9. DISQUALIFIED OFFENDERS.
The benefits of this Decree shall not extend to those:
Sentenced to serve a maximum term of imprisonment of more than six
years;
Convicted of any crime against the national security;
Who have previously been convicted by final judgment of an offense
punished by imprisonment of more than six (6) months and one (1)
day and/or a fine of more than one thousand pesos (P1,000.00);;
Who have been once on probation under the provisions of this Decree;
Those legally disqualified under special penal laws:
1.Offenders found guilty of any election offense in
accordance with Section 264 of B.P. Blg. 881
(Omnibus Election Code);
2.Offenders found guilty of violating RA No. 6727
(Wage Rationalization Act, as amended);
3.Offenders found guilty of violating RA No. 9165, The
Comprehensive Dangerous Drugs Act of 2002, except
Section 12, 14, 17, and 70.
EXCEPTION!
Sec.12 – Possession of equipment, instrument, apparatus,
and other paraphernalia of dangerous drug
Sec.14 – Possession of equipment, instrument, apparatus,
and other paraphernalia of dangerous drug during parties,
social gatherings or meetings.
Sec.17 – maintenance and keeping of original records of
transaction of D.D. or C.P. and E.C.
Sec.70 – probation or community service for a first time
minor offender in lieu of imprisonment.
 EXCEPTION!
Sec.42 of RA 9344, JUVENILE JUSTICE AND
WELFARE ACT
The court may, after it shall have sentence a
CHILD IN CONFLICT WITH THE LAW, and upon
application at ANYTIME, place the child on
probation in lieu of service of his sentence taking
into account the best interest of the child.
 Sample Question
Maria Ozawa was sentenced in 2018 to a
prison term of 4 years and 1day and formerly
qualified for probation in 2018, She was
charged for a new crime in 2021 with penalty
of 3 years and 1 day. Is she qualified for
probation?
 UNDER RA 10707, THE FOLLOWING ARE
DISQUALIFIED
Sentenced to serve a maximum term of imprisonment
of more than six (6) years;
Convicted of any crime against the national security;
Who have previously been convicted by final judgment
of an offense punished by imprisonment of six (6)
months and one (1) day and/or a fine of more than
one thousand pesos (P1,000.00);
Who have been once on probation under the
provisions of this Decree;
SEC. 10 Condition of Probation – Every probation
order issued by the court shall contain requiring
that the probationer shall:
*Present himself to the probation officer
designated to undertake his supervision at such
place as may be specified in the order within
seventy-two hours from receipt of said order;

*Report to the probation officer at least once a

month at such time and place as specified by said
officer.
Section 11.
Probation order shall take effect
when?

a.Upon its issuance

 When can the Court Modify the
Conditions for Probation?
 Any time during supervision
 After summary hearing when the
probationer violated any of its
conditions
 Upon application by the probation
officer or the probationer himself
 Section 13. CONTROL & SUPERVISION OF
PROBATIONER
Probation program shall be under control of the
court who place him on probation.
If he wish to change residence, control over him
shall be transferred to the Executive Judge of the
court of first instance of that place.
 CHANGE OF RESIDENCE:
TRANSFER OF SUPERVISION
File a request with the City or Provincial Parole and
Probation Office, this request shall be submitted for
the approval of court

If approved, supervision and control of probationer

shall be transferred to the Executive Judge of RTC
 RULES ON OUTSIDE TRAVEL
PO may authorize more than 10 to 30 days of outside
travel
For up to 30 days, file request at least 5 days before
travel and approved by CPPO
For more than 30 days, recommended by CPPO and
approved by trial court
Outside travel for a cumulative duration of more than
30 days within 6 mos. – Courtesy supervision
Courtesy Supervision –
supervision undertaken by other
probation officer which is not
permanent in nature.
Two forms of courtesy investigation
•Full Blown Courtesy Investigation
(FBCI)
•Partial Courtesy Investigation (PCI)
FBCI – A general courtesy investigation from
another City or Provincial Parole and
Probation Office which request for complete
PSIR on a petition for probation pending
referral investigation in the Probation Office
of origin.
 FBCI SHALL BE USED!
a.Is a transient offender in the place of commission of
the crime and/or a permanent resident of another
place;
b.Has spent pre-adolescent and/or adolescent life in the
province or city of origin;
c.Has attended and/or finished education therein;
d.Have immediate family members and acquaintances
who are residents of the place of origin
 THE PCI SHALL BE USED FOR
PETITIONERS WHO DO NOT FALL WITHIN
THE PURVIEW OF THE FBCI AND IS
CONDUCTED BY ANOTHER PPO.
 PERIOD OF PROBATION
Imprisonment is below 1 year (Not exceed 2
years)

If exceed 1 year (Not exceed 6 years)

If fine only & offender made to serve subsidiary

imprisonment (Not be less than nor be more than
twice the number of days of subsidiary
imprisonment.
 PROBLEM
Compute the probation period of Juan who is
fined with the maximum fine that is
probationable?
SOLUTION: Php 6,000 ÷ P8.00 = 750 days x 2
= 1500 days
 R.A. 10159 AN ACT AMENDING ARTICLE 39 OF ACT
NO. 3815
Art. 39. Subsidiary Penalty. – If the convict has no
property with which to meet the fine, he shall be
subject to a subsidiary personal liability at the rate
of one day for each amount equivalent to the
highest minimum wage rate prevailing in the
Philippines at the time of the rendition of
judgment of conviction by the trial court.
Section 15. Arrest of Probationer; Subsequent
Disposition.
At any time during probation, the court may issue a
warrant for the arrest of a probationer for violation of any
of the conditions of probation.

The probationer, once arrested and detained, shall

immediately be brought before the court for a hearing,
which may be informal and summary, of the violation
charged.
The defendant may be admitted to bail
pending such hearing.

In such a case, the provisions regarding

release on bail of persons charged with a
crime shall be applicable to probationers
arrested under this provision.
If the violation is established, the court may
revoke or continue his probation and modify the
conditions thereof.

If revoked, the court shall order the probationer to

serve the sentence originally imposed.

An order revoking the grant of probation or

modifying the terms and conditions thereof shall
not be appealable.
 Sample Question
What is the effect for recommitment of a
probationer?
a. Serve the remaining portion of sentence
b.Serve the unexpired portion
c. Serve the original sentence
d.Charge for new offense
In the eyes of the Offender,
probation is?

a.Punishment
b.Rehabilitation
c.Reformation
d.Reintegration
 Sample Question
Mr. Carlo was under probation granted by Judge
Jerome, during probation, the former committed rape
with a penalty of reclusion perpetua, what will happen to
him?
a. The probationer will be arrested for violation of the
condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original
sentence of the previous offense
d. All of the above
Section 16. Termination of Probation

Successful completion of probation

Revocation for cause
Death of probationer
Early termination
Other analogous causes
Early Termination
The following probationers may be recommended for the
early termination of their probation period:
a) 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;
b) Those who do not need further supervision, like consistent
and religious compliance with all the conditions imposed in the
order granting probation; positive response to the programs of
the supervision designed to their rehabilitation, etc.
c) Those who have to travel abroad or render public office.
SECTION 28. Probation Aides. – To assist the Provincial or
City Probation Officers in the supervision of probationers the
Probation Administration shall appoint citizens of good
repute and probity to act as probation aides.
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.
VOLUNTEER PROBATION ASSISTANTS
(VPAS)
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.
Caseload
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 on maximum case
classification in addition to other duties.
*WHAT THEORY THAT PROBATION AND PAROLE
WERE DEFINED AS PRIVILEGES OR ACTS OF
MERCY BY THE COURT OR PAROLE BOARD, AND
NOT RIGHTS. SINCE PAROLE AND PROBATION
WERE GIFTS, THEY COULD BE TAKEN AWAY
WITHOUT GIVING THE PRISONER NOTICE OF THE
REASON FOR REVOCATION OR AN OPPORTUNITY
TO PRESENT A DEFENSE?

ANSWER : GRACE THEORY

Grace theory - Probation and parole were
defined as privileges
Contract theory - viewed as terms in a
contract, which the prisoner was theoretically
free to accept or reject.
Custody theory - constantly under the
custody of the parole board or court, even
while at liberty in the community.
Determinate sentence, the criminal must serve
the entire sentence.

Indeterminate sentence, a criminal will serve a

range of years as determined by the judge. The
minimum time period is usually set and after the
minimum sentence passes, the case will go
before a parole board which sets the actual date
of release.
Parole is not a reward per se for good
behavior but rather, it is a follow up of his
institutional program.

• Parole is not claimed as right but is granted

by the Board as a privilege to a qualified
prisoner.
CAPT. ALEXANDER MACONOCHIE

• An English man responsible for the birth of British Penal

Colony in Norfolk Island;
• Introduced the “Mark System” which became the
forerunner of parole;
• Father of Parole; and
• Father of Modern Penology.
SIR WALTER FREDERICK CROFTON
• Chairman of the Board of Prison in Ireland.
• Was influenced by Maconochie’s efforts of early release.
• Established the Irish concept of “ticket-of-leave system”.

DR. SAMUEL GRIDLEY HOWE OF BOSTON

• First man to use the word “parole”.
• He used the term in a letter to the Prison Association of
New York in 1869.
Parole - from the French “Parole D
Honeur” meaning “word with
honor”
Conditional release after the
prisoner’s conviction is final and
executory and already serve the
minimum of the sentence imposed.
SECTION 15. DISQUALIFICATION FOR PAROLE
The following prisoners shall not be granted parole:
• Those convicted of an offense punished with Death penalty,
Reclusion Perpetua or Life imprisonment;
• Those convicted of treason, conspiracy or proposal to commit
treason or espionage;
• Those convicted of misprision of treason, rebellion, sedition or
coup d’etat;
• Those convicted of piracy or mutiny on the high seas or
Philippine waters;
• Those who are habitual delinquents i.e. those who, within a period of ten
(10) years from the date of release from prison or last conviction of the
crimes of serious and less serious physical injuries, robbery, theft, estafa
and falsification, are found guilty of any of said crimes a third time or
oftener;
• Those who escaped from confinement or evaded sentence;
• Those who were granted conditional pardon and violated any of the terms
thereof;
• Those whose maximum term of imprisonment does not exceed one (1)
year or those with definite sentence;
• Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
• Those who have pending criminal case/s.
 Sample Question
Carlo was convicted for simple theft
with a penalty of exactly one year
imprisonment. If you were the
Chairman of Board of Pardon and
Parole, will you entertain the
petition?
 The BPP may grant parole or conditional pardon
under special considerations for the following
considerations:
1. Old age, provided the inmate is below sixty
(60) years of age when crime was committed;
2. Physical disability such as when the petitioner
is bed-ridden, deaf-mute, a leper, cripple or blind,
provided such physical disability is not present
when the crime was committed;
3. Serious illness duly certified by a
government physician; and
4. Similar circumstances which show that
continued imprisonment will be inhuman or will
pose grave danger to the life of the petitioner.
Aliens granted parole or pardon by the BPP
shall be turned over to the Bureau of Immigration
and Deportation for disposition, documentation
and appropriate order.
 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
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 the contemplated grant of parole
to the prisoner.
RULES AFTER GRANT OF PAROLE
RULE 3.3. Parole Supervision –
The period of parole supervision shall
extend up to the expiration of the
maximum sentence which should
appear in the Release Document.
 RULE 3.4. Presentation of Probation and Parole
Officer – Within the period prescribed in his
Document, the parolee shall present himself to
the Parole Officer specified in the Release
Document for supervision.
If the parolee fails to report within forty five (45)
days from the date of his release and inform the
Board of such failure for the Board’s appropriate
action.
 RULE 3.5. Arrival Report – Within
fifteen (15) working days from the date
when the parolee reported for supervision,
the Parole Officer concerned shall inform
the Board, through the Technical Service of
the Parole and Probation Administration, of
such fact.
 Sample Question
If within _____from the date of release from
prison or jail, the parolee or pardonee
concerned still fails to report, the Probation
and Parole Officer shall inform the Board of
such failure, for appropriate action.
Answer : 45 days
 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 30 days shall be approved by the
Regional Director.
 RULE 3.12. Reports – The Parole Officer concerned shall
submit the following reports to the board:
a. A Progress Report when a parolee commits another offense
during the period of his parole supervision and the case filed against
him has not yet been decided by the court or on the conduct of the
parolee while under supervision;
b. An Infraction Report when the parolee has been subsequently
convicted of another crime;
c. 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.
- The BPP may order the recommitment to
prison of the rearrested parolee/ pardonee
if it finds that the continuation of the
parole/ pardon is incompatible with public
welfare. The parole/ pardon violator
recommitted to prison shall serve the
remaining un-expired portion of his
maximum sentence.
Part C. 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.
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 (CFRD).
 Sample Question
Any wilful, malicious concealing of material
information made by client either before of after
the grant of parole is a ground for?
a. Extend period of supervision
b. Modify the condition appeared on released
document
c. Cancellation of parole
d. Suspend the exercise of said privileges until
good behaviour has shown by the client.
RULE 3.19. Transmittal of Certificate of Final
Release and Discharge – The Board shall
forwarded 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, the Bureau of
Corrections, the National Bureau of Investigation,
the Philippine National Police, and the Office of
the President. (7 copies)
 PROBATION PAROLE
Previously convicted
DISQUALIFIED more than 6 months & 1 YEAR or LESS
1 day and/or a fine of THAN
more than (P1,000.00)
RA10707
APPLICABLE PENALTY IMPRISONMENT OR IMPRISONMENT ONLY
FINE
TIME TO REPORT IF APPROVED 72 HOURS 15 DAYS

VIOLATION ENTIRE SENTENCE SHALL UNEXPIRED PORTION IS TO

BE SERVED BE SERVED
 PROBATION PAROLE

WHEN TO APPLY WITHIN 15 DAYS AFTER AFTER SERVING MINIMUM

CONVICTION SENTENCE

GRANTING AUTHORITY JUDGE WHERE THE TRIAL WAS BOARD OF PARDON AND
HELD PAROLE

DURATION OF PSIR (60DAYS) PRE-PAROLE INVESTIGATION

INVESTIGATION (30DAYS)

NATURE OF FUNCTION JUDICIAL FUNCTION ADMINISTRATIVE FUNCTION

HOW MANY TIME MAY BE Parole may be granted more

than once, depending on good
GRANTED? ONCE! behavior during imprisonment.
 COURT
• Grants probation PPA
as a privilege Investigate
Supervises
Parolees,
BPP Probation
• Evaluate, Grants parole
• Recommends to the Pardonees
President executive
clemencies
GENERAL 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 in the Constitution, 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 exercised with the
objective of preventing a miscarriage
of justice.
The Board shall refer matters pertaining to executive
clemency for comment and recommendations as follows:

a. To the commission on elections, if it involves violation of

election laws, rules and regulations;
b. To the Secretary of National Defense and the Secretary
of the Interior and Local Government, if a case for executive
clemency involves crimes 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.
 Sample Question
Who shall endorse to the Board of Pardon and
Parole the petition for absolute pardon and
conditional pardon if the crime is committed
against national security?
a. DND Chief
b. NICA Director
c. COMELEC
d. DFA
LIMITATION OF THE PARDONING POWER OF THE
PRESIDENT
 It may not be exercised for offenses in impeachment
cases;
 It may be exercised only after conviction by final
judgment;
 It may not be exercised over civil contempt (as for
refusing to answer a proper question as a witness in
a case)
WHICH IS NOT TRUE REGARDING PARDON
GRANTED BY THE CHIEF EXECUTIVE?
A. IT EXTINGUISHES THE CRIMINAL LIABILITY
OF THE OFFENDER
B. IT DOES NOT INCLUDE THE CIVIL
LIABILITY
C. IT MAY BE EXTENDED TO ANY OF THE
OFFENDERS AFTER CONVICTION
D. INCLUDES THE CIVIL LIABILITY
ABSOLUTE PARDON
-total extinction of criminal liability
-restoration of ones rights

CONDITIONAL PARDON
-partial extinction of criminal liability
-with limits & conditions
AMNESTY “blanket pardon”
-General pardon extended to a class of persons (political
offenders)
-Needs concurrence of congress

REPRIEVE “to make back”

-Temporary stay of execution of sentence
-Generally applied in death sentence

COMMUTATION OF SENTENCE
-Reduction of duration of sentence
PARDON
It is an act of grace proceeding from the power
entrusted with the execution of the laws, which
exempts the individual on whom it is bestowed from
the punishment that the law inflicts for a crime he has
committed.
Pardon is a form of executive clemency granted by the
President of the Philippines as a privilege extended to a
convict as a discretionary of act of grace.
KINDS OF PARDON
ABSOLUTE PARDON:
Absolute Pardon refers to the total extinction of
the criminal liability of the individual to whom it is
granted without any condition .

Restores to the individual his civil rights and remits

the penalty imposed for the particular offense of
which he was convicted.
Absolute pardon is granted in order to
restore full political and civil rights to
convicted persons who have already served
their sentence and have the prescribed
period for the grant of Absolute Pardon.
 Cristobal Vs. Labrador

The case where the Supreme Court laid down

the doctrine that the absolute pardon removes
all that is left of the consequences of
conviction, and that is absolute in so far it
restores the pardonee to full civil and political
rights.
CONDITIONAL PARDON:
Conditional pardon, refers to the exemption of an
individual, within certain limits or conditions; from the
punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his
criminal liability.
- It is also granted by the President of the Philippines to
release an inmate who has been reformed but is not
eligible to be released on parole.
- This is applicable to inmates who were slapped
a fixed or determinate sentence or a life
imprisonment .
-It has the nature of a contract in which the
pardonee agrees to comply strictly with the
conditions imposed by the pardon, otherwise,
violations of the conditions will revoke the
contract of conditional pardon and the pardonee
will be criminally prosecuted as a violator.
For Conditional Pardon, the prisoner shall have served
at least one-half (1/2) of the minimum of his original
indeterminate and/or definite sentence.

However, in the case of a prisoner who is convicted of a

heinous crime as defined in Republic Act No. 7659 and
other special laws, he shall have served at least one-
half (1/2) of the maximum of his original
indeterminate sentence before his case may be
reviewed for conditional pardon.
For Absolute Pardon, after he has served his
maximum sentence or granted final release and
discharge or court termination of probation.

However, the Board may consider a petition for

absolute pardon even before the grant of final
release and discharge under the provisions of
Section 6 of Act No. 4103
(1) is seeking an appointive/elective public
position or
reinstatement in the government service;
(2) needs medical treatment
abroad which is not available locally,
(3) will take any government
examination; or
(4) is emigrating.
 Sample Question
Mr. Bogs Maly was given conditional pardon by the
president, however he violated the same, what will
happen to his sentence supposing his crime remitted by
the conditional pardon has a penalty of not more than
prision correctional?

a. He will be penalized by prision correctional in

minimum
b. Serve the original sentence
c. Extended by the court
d. Serve the unexpired portion
Art. 159, RPC – other cases of evasion of
sentence
The penalty of prision correctional in its minimum
period shall be imposed upon the convict who
having been granted conditional pardon by the
chief executive, shall violate any condition of such
pardon. However, if the penalty remitted by such
pardon is higher than prision correctional, (6
month 1 day – 6years) the convict shall suffer
the unexpired portion of his original sentence.
AMNESTY
AMNESTY

It is an act of sovereign power granting

oblivion or general pardon for a past offense
usually granted in favor of certain classes of
persons who have committed crimes of a political
character, such as treason, sedition or rebellion.
It is a proclamation of the Chief Executive with the
concurrence of congress, and it is a public act of which
the court should take judicial notice. Amnesty looks
backward and abolishes and puts into oblivion the
offense itself, it so overlooks and eliminates the
offense with which he is charged that the person
released by amnesty stands before the law precisely as
though he had committed no offense. (People v.
Casido, March 7, 1997)
LIMITATION ON THE EXERCISE OF GRANTING
AMNESTY
• It cannot be granted in cases of impeachment;
• It cannot be granted in cases of violation of election
laws without the favorable recommendation of
COMELEC;
• A grant of amnesty must be with the concurrence of
a majority of all members of Congress
The first one was issued under Presidential
proclamation No.51 by then president Manuel Roxas
amnestying those who collaborated with the Japanese
during World War II.

The second was Proclamation No.76 issued by then

president Elpidio Quirino extending amnesty to leaders
and members of the Hukbo ng bayan Laban sa mga
Hapon (HUKBALAHAP).
DIFFERENCES BETWEEN
AMNESTY AND PARDON
 As to the number of those who can avail
Pardon includes any crime and is exercised
individually by the Chief Executive, while amnesty is a
blanket pardon granted to a group of prisoners,
generally political prisoners.

As to time of avail
Pardon is exercised when the person is convicted,
while amnesty maybe given before trial or
investigation is done.
Pardon is granted by the Chief Executive
and such is private act, which must plead
and proved by the person pardoned
because the court takes no choice thereof.
While amnesty is by proclamation with
concurrence of congress, and it is a public
act, which the court should take judicial
notice.
As to the Effect
Pardon is an act of forgiveness, i.e. it relieves
the offender from the consequences of the
offense while amnesty is an act of forgetfulness.
It puts into nothingness the offense of which
one is charged so that the person as if he had
never committed the offense.
 Sample Question
Prisoner who escape or evaded sentence are not
eligible for executive clemency for a period of ____
from the date of their last recommitment to prison or
conviction for evasion of sentence?
a. 1 year
b. 2 years
c. 3 years
d. 6 months
 PAROLE EXECUTIVE CLEMENCY

Granted by the Board of Granted by the President

Pardons and Parole
Basis is Act 4103, The Basis is the 1987 Constitution
Indeterminate Sentence Law

Granted after service of Granted after certain conditions

minimum sentence have been complied with
depending upon the specific
executive clemency given
PARDON PAROLE

Granted by the President Granted by the BPP

Granted with or without conditions Always subject to a condition

No condition is required before one There are conditions such as:

may be given pardon parolee reports regularly to parole
officer; his residence may be
controlled; He shall not violate any
laws of the Philippines
REPRIEVE
• Temporary suspension of the execution of the
sentence (usually extended to death penalty
prisoners);
• It simply means “to make back”;
• Withdrawing of the sentence for an interval of time;
• Temporary of stay of the execution of sentence by
the President.
REPRIEVE:
Like Pardon, Reprieve is also another
prerogative exercised by the President of the
Philippines. Generally, it is applied to death
sentences already affirmed by the Supreme
Court.
-Reprieve is the temporary stay of the
execution of a sentence.
The date of execution of sentence is
temporarily postponed indefinitely to
enable the Chief Executive to
thoroughly study the petition of the
condemned man for communication
of sentence or pardon.
COMMUTATION OF SENTENCE
• Reduction, reducing, lessening, lowering,
mitigating or deduction of the sentence;
• Changes a heavier sentence to a less
serious one, or longer prison term to a
shorter period.
 COMMUTATION OF SENTENCE
Commutation of sentence shall refer to the
reduction of the duration of a prison sentence.

- It is an act of clemency by which a heavier or

longer sentence is reduced to a lighter or shorter
term. Death sentences or life imprisonment is
reduced to a shorter sentence.
-Commutation does not forgive the offender
but merely reduces the penalty of life
imprisonment or death sentence for a term of
years.
-Commutation of sentence also benefits
inmates sentenced to a fixed or determinate
sentence, which renders him or her ineligible
for parole.
 THE END 

IN EVERY NO THERE IS
ALWAYS A NEW YES!