PAROLE AND

PROBATION
CA 2
 PAROLE
Conditional release of an offender from a
correctional institution after he has served the
minimum of his prison sentence.
 PROBATION
A privilege granted by the court to a person
convicted of a crime to remain with
community instead of actually going to prison.

It is a disposition under which a defendant, after

a conviction and sentence, is released subject
to conditions imposed by the court and to the
supervision of a probation officer.
REQUIREMENTS
 PAROLE
Must serve the minimum of his prison sentence
in penal institution.
 PROBATION
After conviction but before serving his/her
sentence.
GRANTING AUTHORITY
AND
WHERE TO APPLY?
 PAROLE
Board of Pardons and Parole, agency which
under the DOJ.
 PROBATION
The Trial court/Judge
AS TO THE FUNCTION
 PAROLE
Executive act/function
 PROBATION
Judicial act/function
DISQUALIFICATION
 PAROLE
1. Inmates convicted of offenses punished with death penalty or life
imprisonment;
2. Inmates convicted of treason, conspiracy or proposal to commit
treason or espionage;
3. Inmates convicted of misprision of treason, rebelion, sedition or
coup d'etat;
4. Inmates convicted of piracy or mutiny on the high seas or
Philippine waters;
5. Inmates who are habitual deliquents, i.e., those who, within a
period of ten (10) years from the date of release from prison
orlast 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;
 PAROLE
6. Inmates who escaped from confinement or evaded sentence;
7. Inmates who having been granted conditional pardon by the
President of the Philippines shall have violated any of the
terms thereof;
8. Inmates whose maximum term of imprisonment does not
exceed one (1) year or those with definite sentence;
9. Inmates 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
10. Inmates convicted for violation of the laws on terrorism,
plunder and transnational crimes.
 PROBATION
a. Those who are sentenced to serve a maximum
term of imprisonment of more than six (6) years;
b. Those who are convicted of any crime against the
national security;
c. Those 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 (Php1,000.00) pesos;
 PROBATION
d. Those who have been once on probation
under the provisions of this Decree; and
e. Those who are already serving sentence at
the time the substantive provisions of this
Decree became applicable pursuant to Section
33 hereof
 PROBATION
f. Those legally disqualified under special penal laws:
(1) Offenders found guilty of any election offense in
accordance with Section 264 of BP 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
HOW MANY TIMES CAN BE GRANTED?
 PAROLE
More than one but depending on the good
behavior of the prisoner during imprisonment.
 PROBATION
Only once
Once in a lifetime
WHEN TO APPLY?
 PAROLE
If the prisoner served the minimum of his prison
sentence.
 PROBATION
After conviction and within the reglementary
period (15 days after promulgation of his
sentence.
CONSEQUENCES IN VIOLATION OF
CONDITION
 PAROLE
He shall be arrested for violations of the terms
and conditions of his parole and will be made
to serve the rest of the remaining or
unexpired portion of his sentence.
 PROBATION
The court will modify the condition or revoke the
probation

If committed a crime
He shall be arrested for violations of the
conditions of probation;
Prosecution of the new crime;
The court will order the serving of the previous
offense.
 REMINDER
PAROLE PROBATION

Extension of prison Alternative of prison

Not a right but a previlege Not a right but a privilege
Act No. 4103 PD 968
Executive Act Judicial Act
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