Non-Institutional Correction 2019

INTRODUCTION

PHILPPINES JUSTICE SYSTEM- an overview

 The primary and principal purpose of the government is to establish and
maintain order in society so that members may live together peacefully
and gainfully. This is motivated by- by regulating the relationship among
people and between people and government. For this purpose: law was
created, enacted and enforce to prevent commission of crimes, punish the
offender and restore the rights of offenders.
        
ADMINISTRATION OF JUSTICE
 Basic function of government for it is through this process that order is
maintain within the state.
COURT
 Administer justice to the people within a system of law rules and
practices. Judges ascertain facts in each case and development.

REMEDIES OR RECOURSES IF CONVICTED:

            1. Exercise the right to appeal
            2. Serve the sentence in jail or pay fine impose
            3. Apply for probation
 
PHILIPPINE CORRECTIONAL SYSTEMS

THE CORRECTIONS PILLAR OF THE CRIMINAL JUSTICE SYSTEM

 Among the five pillars of the criminal justice system, corrections is the
least heard, known or understood society seems to have some
reluctance to look at it although its role in the reformation and
rehabilitation of offenders cannot be overemphasized.

 Furthermore, jail administration and control in our country is distributed to at

least, four agencies- the bureau of connections (BUCOR), which has
supervision over the national penitentiary and its penal farms; the Bureau of Jail
Management and Penology (BJMP), which has the exclusive control over all
city, municipal and district Jails nationwide; the provincial governments, which
supervise and control their respective provincial and sub-provincial Jails; and
the department of social welfare and development (DSWD), which takes care of,
among others, youthful offenders interned in detention centers for juveniles,
aside from these, there are also lock-up jails under the Philippine National
Police (PNP), this fragmented administration of jails often creates confusion
since many are not aware of this set-up.

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Generally, corrections, as a component of the system are responsible for:

1. The maintenance of institution such as prisons, jails, halfway houses, and
others.
2. The protection of law-abiding members of society by keeping convicted
offenders from preying on society.
3. The reformation and rehabilitation of offenders in preparation for their
eventual reintegration to the mainstream of society and helping them lead a
normal life after release.
4. The deterrence of crimes, experience in prison and the fear of isolation and
denial of liberty will influence inmates and potential offenders to lead a life not
in conflict or afoul with the law.

 Agencies under this pillar are the bureau of corrections under the
Department of justice; provincial government under the Department of
Interior and local Government (DILG); the Bureau of Jail Management
and Penology (BJMP) also under the DILG; the parole and probation
administration (PPA) under the Department of Justice (DOJ); and the
board of pardons and parole also under the Department of Justice.
            

THE PRESENT PHILIPPINE CORRECTIONAL SET-UP

 The Philippine Correctional system has two approaches, and these are,
the Community based and institution-based systems.
 
COMMUNITY-BASED APPROACH
 Not all convicted offenders have to serve their sentence behind bars.
Some of them are allowed to stay in the community, subject to the
conditions imposed by the court.
 They are either granted probation, parole, conditional pardon or
recognizance. The parole and probation Administration under the
Department of Justice is the government agency that supervises the
activities of the probationer, parolee and pardonee and monitors his
compliance with conditions imposed.
 
 
THE INSTITUTION-BASED APPROACH
 The institution-based approach has three levels and is manned by three
different government agencies responsible for the supervision and control
of the numerous institutional facilities nationwide which provide
safekeeping and rehabilitation of inmates, namely:
1. The national prison’s and penal farms under the Department of
justice;
2. The provincial and sub-provincial jails under the provincial
government; and
3. The City, Municipal and District Jails under the Department of
Interior and Local Government.

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1. The Bureau of corrections, headed by a non-uniformed director, under the

department of Justice, supervises and controls the national prisons and penal
farms.

2. PROVINCIAL AND SUB-PROVINCIAL JAILS

a. The provincial jail system was first established in 1910 under the
American Regime.
b. Each of the eighty two provinces of the country has a provincial jail which
is under the supervision and control of its respective provincial
government and headed by provincial jail warden.

3. DISTRICT, CITY AND MUNICIPAL JAILS

OVERVIEW OF THE BJMP

 The Bureau of Jail Management and penology or BJMP, came into existence
pursuant to Republic act 6975, which took effect on January 2, 1991. Apparently,
this is an upgraded version of its forerunner, the office of jail management and
penology of the defunct PC/INP as mandated by law. The BJMP shall operate
under the reorganized Department of the interior and Local Government (DILG)
as a line bureau.
 As mandated by law, the Bureau of Jail Management and Penology shall direct,
supervise and control the administration and operation of all district, city and
municipal jails nationwide and effect a system of better jails management for the
rehabilitation and correction of offenders.
 These jail facilities house convicted offenders whose prison terms range from
one (1) day to six (6) months except city jails which house convicted offenders
whose prison terms range up to three years and those detainees who are
undergoing investigation, awaiting or undergoing trial and awaiting final
judgment.
 
 
 
ORGANIZATIONAL STRUCTURE
 The jail bureau pursuant to section 60, RA 6975, initially consisted of uniformed
officers and members of the jail management services as constituted under P.D
No. 765, the bureau is headed by a chief with the rank of director and is assisted
by a deputy chief with the rank of chief superintendent.
 The central office is the command and staff headquarters of the jail bureau. The
operating units nationwide are composed of the offices of the assistant regional
directors, the provincial jail administrators and the district, city and municipal jails
which are under the supervision of the assistant regional directors.

 
 

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DECONGESTION OF JAILS
 There are several laws, decrees and circulars which we implement to decongest
our jails. But before we discuss these, allow me to show you how congested our
jails are as far as the national capital region is concerned.

 Jail congestion is not a recent phenomenon, nor is it confined in the Philippines

alone. Jail congestion is worldwide. Some industrialized countries like the United
States, experience it, let me cite a few examples:

 Rikkers Island in New York is actually an island prison facility. It is overcrowded.

To cushion the effect of congestion, two floating dormitories were constructed to
confine offenders therein; in 1995 or four years ago, Director General Keith
Hamburger of the Queensland services commission of Astralia reported that
congestion is also a problem in his country. In January of 1994, in Manila, Ronald
W. Nikkel, president of prison fellowship international who had toured some of
the jails in the National Capital Region (NCR) and the New Biliid Prisons of the
Bureau of corrections in Municipal City observed and commented that in the 41
countries of the world he had traveled, most have a problem on congestion. He
added that this problem is prevalent in third world countries.

 In our country, jail congestion, particularly in big cities and municipalities, has
been a perennial problem ever since. This problem, to borrow a parallelism, is a
sleeping giant. Unfortunately, for jail administrators and personnel, the giant has
taken up and is stretching its enormous arms and legs. Oplan decongestion must
be put in place to lay this giant back to sleep.

 Oplan decongestion was formalized through the execution of a memorandum of

agreement on February 12, 1993. Among the public attorney’s office, the parole
and probation administration, the Board of Pardons and Parole which are all
under the Department of Justice, and the Bureau of Jail Management and
Penology which is under the Department of the Interior and local government.
The avowed purpose of said agreement (MOA) was jail decongestion through
collective and cooperative efforts. Realizing that all helps available must be
harnessed to effectively combat overcrowding or congestion in jails, the said
memorandum of agreement was expanded on August 17, 1993 with the inclusion
of the National Prosecution service or (NAPROS) as the fifth party thereto.

 True to its form, the MOA spreads up its intent through seminars. These offered
opportunities to officials and personnel of the tasked agencies to familiarize
themselves with the mechanics of the agreement, as well as to offer avenue to
discuss various aspects of how jails are to be decongested.

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LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

As I’ve said earlier, there are several laws and decrees which are usually
availed of to decongest jails. These are:
1. PRESIDENTIAL DECREE NO. 968, as amended, known as the adult
Probation Law, grants probation to prisoners sentenced to prison terms
of not more than six years and one day;

2. REPUBLIC ACT ON. 4103, as amended, creating the Board of Pardons

and Parole tasked to look into the physical, mental and moral record of
prisoners to determine who shall e eligible for parole or conditional
pardon.

3. PRESIDENTIAL DECREE NO. 603, known as the child and young

welfare code, suspends sentence of minor offenders whose ages range
from nine (9) years to under eighteen (18) years and place them in
rehabilitation centers under the supervision of the Department of Social
Welfare and Development before they are released to the custody of
their parents or to any responsible person;

4. REPUBLIC ACT NO. 6036, known as the release on recognizance law,

provides for the release of offenders charged with an offense whose
penalty is not more than six (6) months and/or a fine of Two Thousand
pesos (2,000) or both, to the custody of a responsible person in the
community, instead of a bail bond;

5. REPUBLIC ACT NO. 6127, fully deducts the period of the offenders’
preventive detention from the sentence imposed by the courts;

6. BATAS PAMBANSA BILANG 85, authorizes the release of a detainee

who has undergone preventive imprisonment equivalent to the
maximum imposable sentence for the offense he is charged with’

7. ARTICLE 96 OF THE REVISED PENAL CODE, provides that in

meritorious cases, the commutation of the prisoner’s sentence through
presidential action shall be upon the recommendation of the court which
imposed the same; and ARTICLE 97, which provides that a prisoner
shall be entitled to a deduction from his prison term for good conduct;
and

8. DEPARTMENT OF JUSTICE MEMORANDUM CIRCULAR NO. 6

which directs all wardens or anyone in-charge of local jails to effect the
immediate transfer of national prisoners to the Bureau of corrections.

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9.      RA 9165- Comprehensive Dangerous Drug Act of 2002 (July 4,

2002)
 1st time minor offender (probation) for use 2 possession
only./deport
            10.  RA 9344 – Juvenile & Justice welfare Act of 2006 (May)
 
PROBATION: HISTORY, PHILOSOPHY AND DEVELOPMENT
 History of civilization, traits of pursuit and punishment is as bloody as the
crime committed. Only in last century that a way been found to check the
offender at the beginning of his criminal career and without the stigma of a
prison term, to redirect him to a law abiding life.

LAWS OF BABYLON, GREECE AND ROME

 Vested balance of justice by introducing money compensation, a precursor of
one use of fines and restitution. EYE FOR AN EYE – TOOTH FOR A
TOOTH. SEVERITY AND BRUTALITY OF PUNISHMENT REDUCE
CRIMES

FORERUNNERS OF PROBATION:
Probation was first legally establish in the US. They are the country that first
enacted the law but its origin came from English common law brought to us by
the colonists.
1. BENEFITS OF THE CLERGY
Henry II in 13th century compromised between church and state – member
of the clergy brought before the king’s court maybe claimed for that jurisdiction by
the Bishop or Chaplain requesting him on the ground that he is subject to the
ecclesiastical court only.
The benefit resulting for the compromise is that jurisdiction is maintain with
the Kings court but in sentencing, GREATER LENIENCY is done resulting to
escape from death penalty. King would not present evidence so if found guilty-
degraded or put to penance.
2. JUDICIAL REPRIEVE

 Another device or modifying the severity of law was temporary withholding

of sentence used by early English judges.

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 Reprieve-(reprende- meaning make fade) is the withdrawing of a sentence

for the period of time whereby execution is suspended either before or
after judgment-as where the judge is:

a.Not satisfied with verdict

b.The evidence is suspicious
c.The indictment is insufficient
d.Or he is doubtful whether the offense is within clergy
e.Or small felony
f.Favorable circumstances appear in criminal character
g.So accused can apply to King for absolute or conditional pardon.    
                      
   3. RECOGNIZANCE: (BINDING OVER GOOD BEHAVIOR)
 Older method of suspending or deferring and direct ancestors of
probation.14th century originated as a measure of preventive justice
involving  and obligation or promise  sworn to under court order of a
person not yet      convicted (but though likely) that he would keep the
peace and be of good    behavior. Sureties on bail are usually required
and the person who stood surety has the power and duty to impose the
condition and return the person to court if he commit another crime or fail
to comply with the conditions. Extended later to person already convicted
of misdemeanor and used as substitute for punishment.

 4. TRANSPORTATION: (BANISHMENT) USE BY ENGLAND FOR 200 YEARS

  Principal method of disposing offenders ridding country of criminals.
 supplying new colonies with cheap labors
 profited ship owners
 Substitute for brutal punishment at home and opportunity for rehabilitate in
a new country.
 the result of over congestion in the mainland
   

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EMERGENCE OF PROBATION:
            The idea of individual social treatment began to appear especially in
cases of children and youthful first offender. Early in the 19 th century, English
Magistrates initiated experiment to some young and in experience offenders
from the stigma of prison. They made use of the latitude allowed under the
common law to bind over the defendants. Who would be brought back for
sentence if the condition of release would be violated? The need for supervision
and assistance to those released was met by assigning the youthful offender to
the care and guardianship of his parents or his employer with an occasional
check on his progress by the police.

MATHEW DAVENPORT HILL - Father of Probation in England

Is considered the father of probation in England. He conducted his
experiment in the Birmingham Court. Beginning in the early years of 1481, he
acted for and in behalf of juvenile offenders, when he believes:
1. The individual is not fully corrupt
2. There was reasonable hope of reformation
3. When there could be found persons to act
As guardian they are kind enough to take charge of the young convict.
In the belief that there is better hope for reformation under such guardians than
in prison. At unexpected period, confidential officers visits the guardians, make
inquiries and register facts. He was thus informed and records were kept.
JOHN AUGUSTUS - Father of Probation in the USA
The first practical demonstration of probation, the first use of the term
probation as a court service and the first law on probation was enacted in
MASSACHUSSETS. This was brought about by the changing attitudes of the
people towards law breaker and the removal of the inherited attitudes from the
PURITANS. John Augustus was born in 1785 at Woburn Massachusetts and
moved to Lexington Green and became a Cordwainer or Boot maker. He
prospered and acquired large track of land apart conveyed to Lexington
Academy to erect a school. Which he became a trustee.
o 1827 he moved to Boston and set up a shop at Franklin Avenue near the
Courthouse.
o He began to visit courthouse because of his membership with the
Washington Total Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
o 1st year – he took only men charge with drunkenness

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o then men and women charge with other offense

o then children/ number of cases increases each year

METHODS OF AUGUSTUS
1. Provide bail for temporary suspension of punishment of sentence
2. Then he sought counsel and assists his charges in finding homes,
securing employment and adjusting family difficulties.
3. At the end of probation he brought offender back to court-if no further
charges are found- judge imposes a nominal fine with cost if man is poor,
Augustus advance fine as a loan.

AUGUSTUS EXPERIMENT
 August 1841- Rugged drunk man
 3 weeks -The drunkard was brought back to court where the judge
cannot recognize him. Imposes a fine of $ 3.76.
 Augustus died on June 21, 1859. And out of 2000 person whom he
extended his help, only 10 were ungrateful. And out of 1100 cases, only
one case was forfeited.
 Massachusetts became the 1st country to enact a probation law on April
21, 1878
 Governor Alexander H. Rice- provided appointment and prescribed
duties for paid probation officers.
 Success of probation became known in other English speaking countries
 2nd Vermont 1898
 3rd Rhode Island 1899
 Illinois and Minnesota-1899 Plan for children
only                                                  
 4th – New Jersey 1900
 5th – New York 1900
 6th – California
 UNITED STATES FEDERAL PROBATION ACT– enacted on March 4,
1925
 

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HISTORY OF PROBATION IN THE PHILIPPINES

Presidential decree No. 968, which established a probation system less
costly alternative to the imprisonment of the offender who are likely to respond to
individualized, community-based treatment program is the second legislation that
enforces a probation system in the country. The first legislation was Act No. 4221
enacted by the Philippine legislature on august 07, 1935 and which created a
Probation Offices under the Department of Justice led by a Chief Probation
Officer appointed by the American Governor General with the advice and
consent of the United States. This Law provided probation for the first time
offenders, eighteen years of age and over, convicted of a certain crime.
However, in People vs. Vera 37 O.G. 164, the constitutionality of
Probation law (Act 4221), was challenged on three principal grounds: (a) said act
encroaches upon the pardoning power of executive  (b) that is constitute  on
undue delegation of legislative power and that (c) it denies the equal protection of
the law.
The Supreme Court, declared Act No. 4221 unconstitutional on November
16, 1937. Held that the act does not encroached in any upon the powers of the
executive as they have understood and practiced from the earliest time; the act
was surrender of legislative power to the provincial board for its application was
left to their determination in providing for the salary appropriation , although there
are no provision that fix and impose any standards to guide in the exercise of
provincial board’s discretionary power; and that the unwarranted delegation of
Power under section11 of Act No. 4221 created a situation for discrimination and
inequality to exits as one province may appropriate then necessary funds for the
salary of a probation officer while another may refuse or fail to do so; hence it
contravened the equal protection of the law clause for those persons who may
enjoy the benefits of Probation. In more precise language, the high court assailed
that it bluntly called a “roving commission” that enable provincial boards to
exercise arbitrary discretion so that if a provincial board did not wish to have the
Act applied in its provincial, all that it had to do was to decline to appropriate the
needed amount for the salary of probation officer, which construed as a virtual
surrender of Legislative power to the provincial boards.
It was considered class legislation. Under this law probation existed only
in cities and municipalities, which were given appropriation for, said purpose by
legislature.
The first Probation Act Stayed in the statue Books for only Two years. The
ill-fated Act was only procedural framework that was antagonistic with the
constitution/charter.

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It took a long time before another attempt was made with introduction then
by Congressman Teodulo C. Natividad in collaboration with former
Congressman Ramon D. Bagatsing, House Bill No. 393. The measure was
passed in the Lower House and was pending in the senate when Martial Law
was proclaimed in 1972.
The National Police Commission, thru its Inter-Disciplinary Committee
(IDC) under the charge of former Commission  Teodulo C. Natividad in 1975 was
tasked by the Secretary and Chairman of NAPOLCOM, Juan Ponce Enrile to
draft the adult probation decree.
This Committee, the Inter-Disciplinary Committee, is composed of
authorities And representative from the five pillars of the criminal justice system.
After a laborious period of eighteen technical hearings involving sixty source
persons, came out with the draft decree for presentation at a seminar on the
Probation System sponsored by the National Police Commission and the U.P.
Law Center on April 24, 1976 subsequently attended by 369 participants.
The Proposal was reviewed by a mixture of Jurist, Penologist, Policemen,
Educators subsequently civic leaders, social and behavioral scientist, media men
blue and white collar workers and housewives. Two (2) foreign experts
participated namely Dr. Torsten Erickson, former United Nations Inter-Regional
Adviser on Crime Prevention Justice and Dr. A. Lamonth Smith. Director for
Research Program Planning and Elicit comments on the adoption of adult
probation system in the country. Favorable resulted showed 87.1% in favor of the
adoption, 7% apprehensive and 5.8% non-committal.
Thereafter, the draft was sent to the Secretary of the Department of the
National Defense, Secretary of the Department of the Justice and to the
Supreme Court for review and endorsement of the President.
The final forum of the proposed institutionalization of adult probation in the
country was the First National Conference on Crime Control, which was held at
Camp Aguinaldo from July 22 to July 24, 1976. It was on this historic last day of
the Conference that the Presidential Decree No. 968 and thereby Transported
the criminal justice system of the country to the twentieth century. In the process,
the president also appointed as the first Probation Administration, NAPOLCOM
Chairman, Teodolo C. Natividad in a concurrent capacity.

PHILOSOPHY AND THE CONCEPTS OF THE PROBATION SYSTEM

The Probation Administration Adheres to the following philosophy and concepts;
1. There is no single cause for delinquent behavior. Human beings are extremely
complicated.  It is not possible to trace complex pattern of Human behavior to
any single cause;

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2. Delinquent and criminal acts are symptoms. The offender against our law is
exhibiting a symptom of social or psychological disturbance, just as a headache
is a symptom of a physical disturbance. This means that the juvenile delinquent
or adult offender is in need of treatment. The job of Probation Administration is to
find out what the problems are beneath the symptom and to recommend
appropriate treatment plans;
3. That the individual has the ability to change and modify his anti-social behavior
with the right kind of help;

4. The central goal of probation Administration is to enhance the safety of the

community by reducing the incidence of Criminal acts by person previously
convicted. The goal is to achieve through counseling , guidance, assistance,
surveillance and restraint of the offender to enable their reintegration into society
as law abiding and productive members;

5. The basic idea underlying a sentence to probation is very simple. Sentencing is

in large part concerned with avoiding future crimes by helping the defendant
learn to live productively in the community which he has offended;

6. This is of course not to say that probation should be used in all cases, or it will
always produce better results. There are many goals of sentencing some of
which in given case may require the imposition of a sentence to imprisonment
even in the face of a conclusion that the probation is more likely to assure that
the public that the particular defendant will not offend again.

7. By the same token however, it can be said that probation is a good bit more than
the “matter of grace” or “leniency” which characterizes the philosophy of the
general public and of many Judges and legislators on the subjects. Probation is
an affirmative correction too, a tool which is used not because is maximum
benefits to the defendant, but society which is sought to be served by the
sentencing criminals;

8. An adequate correctional system will place great reliance on appropriately

funded and manned probation services. Within such context probation services.
Within such context probation can lead to significant improvement in the
preventive effects of the criminal law, at much less of a financial burden than the
more typical prison sentence;

9. Imprisonment as a sole cure for prevalence of Crime is no Longer recognized.

Prisons are in themselves often productive of crime and Destructive of the
keepers as well as kept.

10. It is generally concealed that probation a matter of privilege to be granted refused

at discretion of the State. The applicant has already been convicted and
sentenced by the court and it is only the mercy of that he may be given
probation;

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11. No violation of probation conditions should result in automatic revocation;

12. No physical would undertake to prescribe treatment for sick man unless he has
repot of his ailment and condition (diagnosis), a judge should not pass judgment
on a man without post-sentence investigation report.
 
A SUMMARY OF THE HISTORICAL BACKGROUND AND DEVELOPMENT OF
PROBATION IN THE PHILIPPINES
1932
 Probation System in the Philippines started with the enactment of a
Juvenile Probation law for those under the age of sixteen (16) as
embodied in Article 80 of the Revised Penal Code, Act No. 3815 which
become effective on January 1, 1932 (Amended by the Child and youth
welfare code, PD 603, as further amended by PD 1179, and PD 1210 &
RA 7610 etc.)

AUGUST 7, 1935
 First Adult Probation Act Known as Commonwealth Act No. 4221 was
enacted by the Philippine Legislature. It created the probation office
under the department of justice led by a Chief Probation Officer
appointed by the American governor – General. The Philippines then
was a territory of the United State of the America.

In People versus Vera, 37 O.G 164

 The constitutionality of the probation law, Act 4221, was challenged on
three (3) principal grounds:

1.      That said act encroaches upon the pardoning power of the executive.
2.      That it constitutes an undue delegation of legislative power; and
3.      It denies the equal protection of the laws.

NOVEMBER 16, 1937:       

 The Supreme Court declared the probation law, Act 4221, as
unconstitutional on the following grounds:

1. The Act was a surrender of legislative power to the provincial board for
its  application was left to their determination in providing for the salary
appropriation, although there are no provisions that fixed imposed any
standard of guide in the exercise of the provincial board’s discretionary
power;
2. That the unwarranted delegation of power created a situation for
discrimination and inequality to exist as one province may appropriate
the necessary funds for the salary of a probation officer while another

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may refuse or fail to do so, hence, it contravened the equal protection of

the law clause for those person who may enjoy the benefits of probation.

CONG TEODULO C. NATIVIDAD AND CONG. RAMON D. BAGATSING

 Introduced for the second time adult probation in the country in house Bill
No. 393. The measure was passed in the Lower House and was pending
in the Senate when Martial Law was proclaimed in September 21, 1972 by
the late Pres. Ferdinand E. Marcos. The Bill eliminated the undesirable
features of the 1935 Probation Act.

Inter-Disciplinary Committee on Crime Prevention (IDCCP):

 R.A 4864 as amended otherwise known as the Police Act of 1966
mandates the National Police Commission (NAPOLCOM) to formulate a
national crime prevention program for the country.

NOVEMBER 13, 1974:       

 The Inter-disciplinary Committee on Crime prevention (IDCCP) was
created to undertake the formulation of a national crime prevention
program. It is composed of the representatives of the five (5) pillars of the
criminal justice system and other sectors to come up and to formulate a
strategy to reduce crime.

Teodulo C. Natividad
 Then a Commissioner of the NAPOLCOM was designated in charge of the
Inter-disciplinary committee (IDC) by then Defense Secretary Juan Ponce
Enrile, who was also concurrent Chairman of the NAPOLCOM.

April 24, 1976

 The draft of the proposed adult probation law was presented in a seminar
on the probation System sponsored by the national police commission an
U.P. Law Center attended by 369 participants. Two (2) foreign experts
participated in the seminar and served as consultants, namely:
1. Dr. Torsten Erikson:        former United Nations Interregional Adviser
on Crime Prevention and Criminal Justice.
2. Dr. A Lamonth Smith:  Director for Research Program, Planning and
Evaluation, Department of Corrections of Arizona.

July 22 – 24, 1976

 The first National Conference on Crime Control was held at Camp
Aguinaldo for the final forum on the proposed institutionalization of adult
probation in the country.

July 24, 1976

 It was on this historic date that the late pres. Ferdinand E. Marcos signed
Presidential Decree 968 otherwise known as the probation Law of 1976.

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Thus the Philippines joined the rank of countries in which probation has
become a part of corrections and thereby transported the criminal justice
system of the country to the twentieth century.
           
Jan 3, 1978 – Effectivity
 The Probation Administration is equivalent to a bureau placed by PD 968
under the Department of Justice. Cong. Teodulo C. Natividad was
appointed as the first Probation Administrator and at the same time the
chairman of the NAPOLCOM. He is now known as the Father of Probation
in the Philippines.

Presidential decree 1257

 Promulgated on December 1, 1977 Sections 4, 7, 15 of PD 968 in
additional to its amendment to section 33 of the same decree providing for
the effectivity of the client provisions of said decree on January 3, 1978.
 
Batas Pambansa Bilang 76 (BP 76):
 Passed by the Batasang Pambansa on June 1980 and approved by
Press. Marcos on June 13, 1980 amended further PD 968 particularly
section 9. It provided for a maximum probationable period of six (6) years
and one (1) day.

PD 1990
 Promulgated on October 5, 1985 by Pres. Ferdinand E. Marcos, Further
amended PD 968 specifically sections 4 and 9. It took effect on July 16,
1986. Returned the original maximum probationable period to only six (6)
years.
 
Executive order No. 292
 Instituting the administrative Code of 1987 signed by then Pres. Corazon
C Aquino on September 21, 1987, introduced new features of the
probation law of 1976, to wit:
 
1. Changed the name of the agency probation administration as provided
for by PD 968,to parole and Probation Administration (PPA);
2. Transferred the supervision of parolees and pardonees from the
Municipal Courts to the Parole and Probation Administration (PPA)
3. Created the technical service under the office of the Administrator which
shall serve as the service arm of the board of pardons and parole in the
supervision of parolees and pardonees.
4. Executive Order No. 292 also mandated the parole and Probation
Administration to perform the following functions:
a. Administer the parole and probation system;
b. Exercise general supervision over all parolees and probationers;
c. promote the correction and rehabilitation of offenders, and
d. Such other functions as may be hereafter be provided by law.       

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5.      RA 9344- Juvenile Justice and Welfare Act of 2006 (pres. Arroyo signed
(April 28, 2006 published in gazette and effective on May 20)
 
Former President Fidel V. Ramos meanwhile declared July 18 - 24 every year as Parole and Probation Week
In proclamation NO. 405 issued on July 13, 1994.
TERMS TO PONDER
 
DEFINITION OF TERMS:
1. Absconding Petitioner- a convicted accused whose application for
probation has been given due course by the court but fails to report to
the parole and probation office or cannot be located within a reasonable
period of time.
2. Absconding Probationer- an accused whose probation was granted
but failed to report for supervision    within the period ordered by the
court or a probationer who fails to continue reporting for supervision
and/or whose whereabouts are unknown for a reasonable period of time.
3. Probation Investigation - The process of selection, diagnoses and
planning with the client.
4. Probation Supervision- The continuous process of helping the client to
follow through with the plans, re=evaluation and working with the client in
the process of planning his life to meet dynamic situation.
5. Petition- application for probation.
6. Defense Counsel/Counsel- lawyer of the petitioner
7. Prosecutor- lawyer of the victim.
 
How can probation help in the prevention and control of crime?
 
            By the conditions imposed by the court when probation is granted, the
convict is under close supervision of the Probation and Parole Officer when in
the community, he is helped and given opportunities to be productive and
responsible instead of staying in prison. This situation prevents and controls
him from committing crime.
 
            Intensive and exhaustive guidance and counseling as well as the
assistance extended by the condition and parole Officers to the probationer
shall certainly ensure the deterrence of committing another offence by the
offenders by reforming offenders, criminals will be less disposed to lead lives of
crimes and thus become assets rather than liabilities to society by this pre-
action method, crime maybe place within manageable levels.
 

How can community help in the success of probation as a community-

based rehabilitation program?
 
By giving support and cooperation to local offices of the parole and
probation Administration like;
 

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1. The community accepting the probationers, given them the feeling of

sense of belonging;
2. The community agencies and schools being open for the training and
treatment of probationers;
3. Community leaders and laymen allowing the participation of probationers
in developmental programs;
4. The religious sectors giving the probationers spiritual advice and
extending their social action programs to same;
5. various organizations like, non-government Organization (NGO),
Government Organizations (GOs) etc., accepting the temporary housing
or employment of probations;
6. The community plays equally important role after the termination of the
probation. It should be ready to assimilate the probationers.
 
 
IV.        Procedures in applying for probation.

1. The accused or his counsel files a petition for probation with the trial
court that convicted him within fifteen (15) days after conviction or
sentence.
2. The court determines his qualifications within fifteen (15) days;
3. If Qualified, the case is referred to the parole and Probation Officer for
Post-sentence investigation; also furnishing the Prosecutor a notice for
comment on said application for probation and to submit the same within
ten (10) days.
4. The Post-sentence investigation report (PSIR) is submitted by the
probation and parole officer to the court within sixty (60) days;
5. The court may grant of deny the petition for probation within fifteen (15)
days after receipt of  post-Sentence investigation report(PSIR)
 
V.   Legal Effects of Filling Application for Probation

1. The court may suspend the execution of sentence upon receipt of the
petition for probation;
2. Such petition is deemed a waiver of the right of the petitioner to appeal
his conviction.
3. The judgment in criminal case becomes final.

VI. Revised rule on Criminal Procedure.

            Judgment in criminal case becomes final and executory when;

1. After the lapse of the period for perfecting an appeal (reglamentary
period of appeal  which is fifteen (15) days after conviction re; sentence;
2. The sentence is partially or totally satisfied or served;
3. The accused has waived his right to appeal in writing; and
4. The offender has applied for probation.

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PRINCIPLES TO BE OBSERVED BY THE PROBATION OFFICER          

            The probation officer should be guided by the following behavioral principles in
dealing with the probationers;

a. ACCEPTANCE – accepts and tries to perceive and deal with the probationer
as he is including his strengths and weakness, congenial and uncongenial
qualities, positive and negative feelings, constructive and destructive attitude
and behavior. Believes that the probationer has the innate capacity to solve
his problem if give the proper understanding and condition.

b. INDIVIDUALIZATION- RECOGNIZES and understands each probationer’s

unique qualities and differential use of methods in assisting him towards
better adjustment. It is based upon the right of the client to be treated not just
any human being with its own unique personal differences

c. COMMUNICATION-takes a clear interpretation of his role in helping process

and what his probationer should do in order to help himself. In other words,
each must understand the role of others.

d. SELF-AWARENESS-He knows his own emotional conflicts and unresolved

problems. Self- knowledge leads to greater objectivity and fairness in dealing
with the probationer. He will not place his own needs above those of the
probationers nor exploit a situation in his own purpose. He will concentrate on
the solution of the probationer’s problem and not attempt to solve his own
problems at the expense of the probationer though relationship.

e. CONTROLLED EMOTIONAL INVOLVEMENT – knows the boundaries of his

professional role in dealing with his probationer. Objectivity in dealing with the
reality on the probationer problem must be observed to be effective in the
helping process empathy not sympathy is the keyword.

f. PARTICIPATION – this is based on the democratic principles and Christian

doctrine. He must see the individual probationer as the chief actor in his own
life; creator as well as creature, actuated in the inner purpose, biological and
psychological, able to become, to make and act on choices or decisions
throughout his life.

STANDARDS OF CONDUCT FOR THE PROBATION OFFICER

   
1. The probation officer must understand how the other person feels, thinks and
acts. He does not belittle the struggle of the other person has to make in

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solving his problem he must believe that probationer has the potential to solve
his problem.
2. The probation officers must know himself to understand others. Self-
knowledge leads to greater objectivity and fairness in dealing with another. I
enables him to concentrate in the solution of the probationer’s problem at the
expense of the probationer.
3. The foundation of any effective and fruitful relationship is confidence. The
probationer will test the Probation Officer in many different ways and
dishonesty is the surest way to undetermined his confidence.
4. The probation Officer in making diagnostic evaluation must ask the question
“what are the facts” to successful evaluation depends upon the inclusion of all
available facts as they relate themselves to each other, not as the Probation
Officer selects and relates them.
5. When Probation Officer must develop skills in observing human sign posts
with precision, which then fitted together with words and actions reveal the
outlines of personality picture. Professionalism imposes the acceptance that
as human being, we too, picture our own outlines and they may be and often
are observed by those whom we work.
6. The Probation Officer must have an intimate knowledge of the culture,
traditions, institution and agencies in his community. He should identify all the
social resources and learn how to make effective use of them. He should take
an active interest in his community’s social welfare.
7. The Probation Officer is vested with certain powers and right over probationer
which should be used properly. He should be motivated to us these powers in
serving as a deterrent and not as punishment.
8. The Probation Officer must do all he can to ensure public understanding and
support of probation and recognize its advantages. He should handle
publicity    with dignity, tact, and friendliness mindful of the confidential nature
of the court’s work and his own responsibility to the probationer he is
assisting.
9. Tact and common sense will guide the Probation Officer’s conduct and
relationship at all times. Situations which created create needles
embarrassment, arousing community sentiment against the probationer and
his family should be avoided.
10. The Probation Officers will not inject bias, resentment, antagonism, or undue
familiarity into relationship with probationers or other field’s in contact.
Although the probationer should feel that the Probation Officer is interested in
them as individuals, the relationship should be maintain on a official and
professional level.
11. Overt and excessive displays of authority, i.e. threats of violation or other
activities which unduly emphasizes the authority of the Probation Officer will
be avoided it.
12. When in the probationer’s home, the Probation Officer is considerate of the
feelings and sensibilities of the probationer and is family, and conduct himself
in a courteous manner

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13. Discussion of a case problem should be carried out privately, outside the
hearing of the person who should not be connected to the case discussed.
14. In meetings the need of a probationer, the Probation Officer must be realistic
in his expectation of knowing the limitation involved in trying to meet client’s
need; of understanding the validity of the principles of setting limited
attainable goals.
15. The responsibility of the Probation Officer is to enforce the law and conditions
of probation. However he does not have the authority or right to change the
circumvent these, even if he feels stifle his response to the probationer’s
need. The Probation Officer may work to change the condition or try to
convince the judge to modify the term of probation; but until the condition is
not altered, must uphold the legal requirements and the orders of the court.

THE BASIC POLICIES OF PROBATION OFFICER TO GUIDE PROBATIONER

The following are the basic policies to guide the Probation Officer in the delivery
of service to the probationer.

1. Human beings are extremely complicated and it is not possible to trace a

complex pattern of human behavior to any single cause;
2. The probationer is exhibiting a symptom of physical and psychological
disturbances and therefore in need of treatment;
3. The individual has the ability to change and to modify his antisocial behavior with
the right kind of help;
4. Probation services to probationers such as investigating and supervision are
collateral services basically aimed at the prevention and control of crime and
delinquency
5. The community pays for the operation of the components of the Criminal Justice
System so that society can best be protected from criminal depredations, and
society can best be protected if the individual violator is helped in solving his
problem;
6. The goal of probation is to provide, on a case basis, such services as will bring
community and private resources to the needs of the probationer towards his re-
integration into the community as a functioning and law abiding individual.
 
CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and community based treatment programs
instead of imprisoning them.
5. It is limited to offenders who are likely to respond favorably there to.
6. It is less costly than the confinement of all offenders in prisons.

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BENEFITS OF PROBATION
1. Probation protects society
o from the excessive cost of detention
o from the high rate of recidivism of detained offender
2. Probation protects the victim
o it provides restitution
o it preserves justice
3. Probation protects the family
o it does not deprive the wife and children of husband and father
o it maintains the unity of a home
4. The probation assists the government
o it reduces the population of prisons and jail
o it lessens the clogging of courts
o it lightens the load of prosecutors
5. Probation helps the offender
o it maintains his earning power     
o it provides rehabilitation in the community
o it restores his dignity
6. Probation justifies the philosophy of men
o that life is sacred
o that all men deserve a second chance
o that and individual can change
o that society has the moral obligation to lift the fallen

ADVANTAGES OF PROBATION
1. Probation prevents crime by offering freedom and aid only to those who are
not likely to assault society again.
2. It protects the society by placing under close supervision non-dangerous
offenders while undergoing treatment and rehabilitation in the community.
3. It conforms the modern humanistic trends in Penology.
4. It prevents youthful of first time offenders from turning into hardened
criminals.
5. It is a measure of cutting enormous expends in maintaining jails.
6. It reduces recidivism and overcrowding of jails and prisons.
7. It reduces the burden of police forces and institution in feeding and guarding
detainees.
8. It gives the first and light offenders a second chance in life.
9. It makes the offender productive or taxpayers instead of tax eaters.

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10. It restores to successful probationers his civil rights which was previously lost
or suspended as a result of conviction.

4 ESSENTIAL ELEMENTS OF PROBATION

1. A post sentence investigation report which will serve as the informational for
the court’s decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Condition of probation imposed by the court to protect public safety and to
faster the rehabilitation and reformation of the probationer.
4. Supervision, guidance and assistance of the offender by a probation officer.

CONCEPT OF PROBATION
            P.D 968 as amended, otherwise known as the probation law of 1976
defines probation. The court convicts and sentences the defendant but the
execution of the sentence, whether it imposes a fine only or a term of
imprisonment is suspended and the defendant is released on probation.
Probation implies that during the period of time fixed by the court, the defendant
is provided with individualized community based treatment including conditions
he is required by the court to fulfill his correction and rehabilitation which might
be less probable if he will serve a prison sentence, and for this purpose, he is
placed under the actual supervision and visitation of a probation officer.
            If the defendant violates any of the conditions of his probation, the court
may revoked his probation and order him to serve the sentence originally
imposed. On the other hand, if he fulfills with the terms and conditions of his
probation, he shall be discharge by the court after the period of probation,
where upon the case against him shall be deemed terminated. His final
discharged shall operate to restore to him all civil rights lost or suspended as
result of his conviction and to fully discharge his liability for any fine imposed as
to the offense for which probation was granted. However, he shall continue to
be obliged to satisfy liability resulting from the crime committed by him.

PROBATION IS NOT A MATTER OF RIGHT BUT A PRIVILEGE

Probation cannot be demanded as a matter of right. It is a privilege.
Hence, only those persons who are qualified may apply for probation. Its grant
depends upon the discretion of the trial court. No person shall be placed on
probation except upon prior investigation by the probation officer and a

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determination by the court that the ends of justice and the best interest of public
as well as that of the defendant will be serve thereby.
 

SCOPE OF APPLICATION
A. non-offenders are not covered
B. offenders covered

 it shall apply to all offenders except:

1. Those entitled to the benefits of PD 603 as amended otherwise known as the

Child and Youth Welfare Code. Hence, an offender who is under 18 years of age
must be dealt with in accordance with the more liberal and beneficent provisions
of PD 603. Incidentally, Art 192 PD 603 as amended gives the youthful offender
a choice as to whether he will be dealt with as a youthful offender under PD603
or as Adult offender under PD 968 as amended. If he does not apply under
PD603 as amended, he treated as an adult offender. In such a case, two options
are open to him, namely:
A. to simply serve his sentence
B. to apply of probation under PD968 as amended

2. Those that are found guilty in violation of R.A 6425, otherwise known as the
Dangerous Drug Act of 1972. Hence, its beneficiaries, drug dependents, must be
subjected to the confinement, treatment and rehabilitation measures provided
therein. Even those who are below twenty one years of age who are found guilty
of possessing or using prohibited or regulated drugs must be treated under the
provisions of R.A 6425.

3. Those offenders who has not been convicted and sentenced.

4. Those that are found guilty in violation of BP 881 as amended by BP 882,883
and 884 otherwise known as the Omnibus Election Code of the Philippines.
5. those who are found guilty in violation of PD 1987 (an act creating the Video
gram Regulatory Board)
6. Those that are found guilty in violation of RA 6727 otherwise known as the Wage
Rationalization Act.
 
PURPOSE OF PROBATION
1. Promote the correction and rehabilitation of an offender by providing him with
individualized treatment.

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2. Provide an opportunity for the reformation of a penitent offender which might be

less probably if he were to serve a prison sentence.
3. Prevent the commission of an offence.

DISQUALIFIED OFFENDERS
 Probation shall not be extended to those:
1. Sentenced to serve a maximum term of imprisonment of more than 6
years. NOTE: the six years maximum refers to the sentence actually
imposed, and not that prescribed by law for the offense committed.
2. Convicted of subversion or any crime against national security or public
order.
CRIMES AGAINST NATIONAL SECURITY
1. Treason
2. conspiracy and proposal to commit treason
3. misprision of treason
4. espionage
5. inciting to war or giving motives for reprisals
6. violation of neutrality
7. correspondence with hostile country
8. flight to enemy’s country
9. piracy
10. qualified piracy

CRIMES AGAINST PUBLIC ORDER

1. rebellion or insurrection
2. conspiracy and proposal to commit rebellion
3. sedition
4. conspiracy to commit sedition
5. inciting to sedition
6. acts tending to prevent the meeting of assembly and similar bodies
7. disturbance of proceedings
8. direct assault
9. indirect assault
10. coup d’etat

3. Those who have previously been convicted by final judgment of an

offense punished by imprisonment of not less than one month two
hundred pesos

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            PREVIOUS CONVICTION

o if one month = qualified for probation
o if one month and one day or more = disqualified for probation
            FINE:
o less than two hundred pesos = qualified for probation
o two hundred pesos or more = disqualified for probation

    4. Who have been once on probation under PD 968 as amended

 Accordingly, one who has been on probation only under the child
and Youth Welfare Code as amended and the Dangerous Drugs
Code of 1972 as amended will not be disqualified. The reason
form this is that the treatment given under those latter laws is of a
different kind from that under PD 968 as amended.

5. Who are already serving sentence at the time the substantive

provisions of PD 968 became applicable pursuant to section 33.

PETITION FOR PROBATION

            Filing Petition
 A petition for probation shall be filed by a petitioner with the trial
court which convicted him.
            Time for filing petition
 The petition shall be filed with the trial court within the period for
perfecting an appeal. Provided that no application for probation
shall be entertained of granted if the defendant has perfected an
appeal from judgment of conviction. The filing of the application
shall be deemed a waiver of a right to appeal.
 An order granting or denying probation shall not be appealable.
FORM OF PETITION
1. Written
2. Oral
 But for purposes of recording, application made orally should be
reduced into writing.

* Notice to the prosecuting officer of the filing the protection.

 The court shall notify to the prosecuting officer concerned of the
filing of the petition for probation.
 The prosecuting officer must submit his comment on such
application within 10 days from receipt of the notification.

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* Referral to probation office

 If the court finds that the petition is in due form and that the petitioner
appears not to be disqualified for the grant of probation, it shall order
the probation officer within its jurisdiction to conduct a post-sentence
investigation and to submit a report and recommendation within 60 days
from receipt of the order. However, the court may in its discretion
extend the 60 days period.

POST-SENTENCE INVESTIGATION
Preliminary Procedure
 The probation officer upon receipt of the order from the court, shall
assign the same to a probation officer to conduct the post-sentence
investigation.
Initial Interview
 Within 5 working days from receipt of the court order, the probation
officer assigned shall interview the petitioner. In the said interview, the
probation officer shall require the petitioner to accomplish under oath a
worksheet (P.A. form no. 1) the information contained in the worksheet
shall serve as the basis of further investigation.
 The petitioner shall also sign a waiver (P.A. form no. 2) authorizing the
probation administration to secure any and all pertinent documents and
information.
Investigation
 Upon completion of the worksheet, the probation officer shall conduct a
thorough investigation on the antecedents, mental and physical
condition, character, and socio economic status of the petitioner. For
collateral information, person who has knowledge of the petitioner, of the
victim and or the relatives shall be interviewed. The probation officer
shall determine and recommend the manner by which the petitioner will
be supervised if granted probation.
 Information gathered from the interview of petitioner and the collateral
information sources shall be confidential in nature.

POST- SENTENCE INVESTIGATION REPORT

 Upon the completion of the post-sentence investigation, the probation of
officer shall submit a post-sentence investigation report (P.A. form no. 3)
to the trial court within the prescribed period.
 

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PURPOSE OF PSIR
 It aims to assist the court in determining whether or not the ends of
justice and the best interest of the public as well as the petitioner will be
serve by the grant or denial of probation.

CONTENTS OF PSIR
1. The circumstances surrounding the offense drawn from court records,
police records, statements of the defendant, the aggrieved party and
others who may have knowledge of the commission of the offense.
2. Psycho- social information regarding the petitioner.
3. Evaluation of petitioner suitability for probation and his potential for social
reintegration into the community.
4. A recommendation to either grant the petition for probation with program
of supervision and the suggested terms and condition for probation, or
deny the petition for probation.
5. Information regarding the petitioner financial capability to meet or satisfy
his civil obligation if any.
NOTE:
 During the post-sentence investigation petitioner had no Right to
Counsel
 The probation law has no provision guaranteeing the right to counsel in
the investigation of a petitioner. The constitutional guarantee of right to
counsel will not apply because the investigation by the probation officer
is neither prosecutory nor accusatory in character.
R.A 7438 – right of the accused during custodial investigation

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

 Pending submission of the PSIR and the resolution of the petition for
probation, the defendant may be allowed temporary liberty.

UNDER HIS FILED IN THE CRIMINAL CASE

 In case no bail was filed or that defendant is incapable of filing one, court
may allow the release of defendant on recognizance to the custody of a
responsible member of the community who shall guarantee his
appearance whenever required by the court (sec. 21, rule 114-Rules on
Criminal Procedure)

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DEFENDANT MAY REJECT GRANT OF PROBATION

 The law does not oblige the defendant to accept the probation granted
by the court. He should, indeed, be allowed to turn down the same grant
especially since he might feel that the terms and conditions thereof are
too onerous (burdensome) for him.
GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT
CERTIORARI MAY LIE
 Neither the prosecution nor defendant may ask as a matter of right seek
review by superior court of the order of the trial court or before the
superior court the findings of facts of the trial court.
 He does not questioned the finding of facts of the trial court but only the
reasonableness of the order based therein.
 Court grants probation – court imposes condition that defendant seems
to be arbitrary – mental must he does need instruction.
NOTE:
 The nature of the recommendation for the grant or denial of probation in
the report is merely persuasive in nature.
 The report shall be sign by the investigating probation officer and
approved by the head of the probation office.
 
PROBATION ORDER
1. The court within 15 days from receipt of the PSIR must resolve the
petition for probation.
2. Since probation is privilege, its grant rest solely upon the discretion of
the court.
3. Once probation is granted, the execution of sentence will be suspended
and the petitioner will be release to the community subject however to
the terms and condition imposed by the court, with the supervision of
probation officer.
EFFECTIVITY:
 The probation order shall take effect upon its receipt by the petitioner,
and on the same date the probation period shall commence, unless
otherwise specified by the court.
 Upon the issuance of the probation order, the court shall inform the
probationer of the consequences thereof and explain upon his failure to
comply with any of the conditions in the said order, or his commission of

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another offense, he shall serve the sentence originally imposed for the
offense for which he was placed on probation.

TERMS AND CONDITION OF PROBATION

A. Mandatory Conditions of Probation
1. To present himself to the probation officer concern for supervision
within 72 hours from receipt of the order (probation order)
2. To report to the probation officer at least once a month during the
period of probation.
3. Not to commit another offense during the probation period.
B. Other conditions of Probation
1. to cooperate with the program of supervision  
2. to meet his family responsibilities.
3. to devote himself to a specific employment and not to change said
employment without prior written approval of the probation officer.
4. undergo medical, psychological or psychiatric examination and
treatment and or enter and remain in a specific institution when
required for that purpose.
5. pursue a prescribed secular study or vocational training.
6. attend or reside in a facility established for institution, recreation or
residence of persons on probation.
7. refrain from visiting houses of ill repute
8. abstain from drinking intoxicating beverages to the excess
9. permit the probation officer or authorize social worker to his home or
place of work.
10. reside a premises approved by it and not to change residence
without its prior written approved.
11. satisfy any other conditions related to rehabilitation of the defendant
and not unduly restricted of his liberty or in compatible with his
freedom of conscience.
PERIOD OF PROBATION
 Reformation or rehabilitation maybe achieve in a relatively short period,
generally 2 years, and if the desired result is not achieved or attained in
that period, there is reason to doubt that they may ever be realized.
SEC. 14: PERIOD OF PROBATION       

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a. The term of probation of a defendant sentenced to a term of

imprisonment of not more than one year shall not exceed 2 years and in
other cases said period shall not exceed 6 years.
b. when the sentence is a FINE only and the offender is made to serve the
subsidiary imprisonment in case of insolvency, the period of probation
shall not be less than nor more than twice the total number of days of
subsidiary imprisonment as computed at the rate established by the
RPC Art. 39.
ART. 39:
 When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed 6 months if the culprit is executed for
grave or less grave felony and shall not exceed 15 days for light felony.

IMPLICATION OF THE PROBATION PERIOD: Both in maximum level

1. Minimum period of probation is left to discretion of courts
2. Court may set a straight period of probation anywhere within the range
and limit set by law           
3. The court may order an indeterminate period with minimum and maximum
period.

 The determination of the term for probation can readily be seen to

present itself as new sentencing problem to the trial court when viewed
in terms of probation goal.
 The imposition of the right length of time that promises society maximum
protection and the offender the best possible chance of rehabilitation.
SOLUTION
 The strategy is the Utilization of the Post Sentence Investigation Report
which furnishes him a good picture of the prisoner and the forces and
circumstances that led him to crime.
 PERIODIC REVIEW OF TERM

EARLY DISCHARGE INCENTIVE

 The arrangement takes place when probation is made to pay restitution,
reparation and indemnification. In PSIR the recommended payment is
that within ½ of term probation – full payment – eligible for consideration
for early termination.
MODIFICATIONS OF CONDITIONS OF PROBATION           

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 The period of probation may either be shortened or made longer, but not
to exceed the period set in law.
 When the period of probation is no longer necessary as the probationer
is believed no longer a threat to society and has satisfactorily
reintegrated him into society. The period maybe shortened.
 But if there a need for the protection of society and adjustment of
probation said – longer but not beyond 2 and 6 years.

SEC.12:  MODIFICATION OF CONDITION OF PROBATION

 During the period of probation the court may upon application of either
the probation or the probation officer revised or modify the condition or
period of probation. The court shall notify either the probationer or the
probation officer of the filing of such application so as to give both parties
an opportunity to be heard thereon.
 The court shall inform in writing the probation officer and probationer of
any charge in the period or conditions of probation.
 Whether or not petition has been in violation- there can be change
however it is believed that most orders shall be made after violation- if
not rejection of probation is persuasive. Due process must be observed.
 Unappealable – abused of discretion certiorari lies.

REVOCATION OF PROBATION
 Nobody can discount the probability that probation may not violate the
condition of probation what is the concept of violation of probation.

RULE VII OF THE REVISED RULES ON PROBATION: METHODS AND

PROCEDURES
SEC.35
 A violation of probation shall be understood to main any act or any
omission on the part of the probationer with respect to the terms and
condition or probation
SEC. 36
 The probation officer shall motu-propio (on his own) or upon the report of
the probation aide or any other person conduct a fact finding
investigation of any alleged violation of probation.
SEC.37

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 Once the investigation is completed the probation officer shall report the
result of the same to the court.
SEC.38
 The report of the probation officer to the court (P.A. form no. 38)
concerning and alleged violation of the condition of probation shall
include:
a. Complete statement of the facts of the alleged violation including
the date, place and circumstances thereof, statements of victims,
witnesses and arresting officer if any.
b. The explanation, if any of the problem for the alleged violation.
c. The recommendation of the probation officer.

STANDARDS IN PROCESSING VIOLATION:

 It will be appropriate for standards to be formulated as a guide to
probation officer, and court is processing violation of conditions. In any
event, the following: intermediate steps should be considered as
alternative to revocation:

a. A review of the conditions: followed by changes necessary or

desirable
b. A formal or informal conference with probation to re-emphasize the
necessity of compliance with the conditions and:
c. Formal or informal warning that further violation should resolve to
revocation of probation.

 Revocation followed by imprisonment should be the disposition,

however, when the court finds on the basis of the original offense in the
intervening conduct of the offender, that:

a. Confinement is necessary to protect the public from further criminal

activity by the offender or
b. The offender is need of correctional treatment which can most
effectively provided if confined, or
c. It would unduly depreciate the seriousness of the offense if
probation were not revoked.

ARREST OF PROBATION
 After considering the nature and seriousness of violation court may
order arrest of probation.

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 Arrest of probation- subsequent disposition- at any time during

probation the court may issue a warrant for the arrest of probation for
violation of any of the condition of probation. The probationer once
arrested, shall immediately be brought before the court for hearing
which may be informal and summary of the violation charged.
 The defendant may be admitted to BAIL pending such hearing for
violation of probation. In such case, the provisions regarding release on
bail of persons charge with criminal offenses shall be applicable to the
probationer arrested.
 IF VIOLATION IS ESTABLISHED- court may revoked or continue with
modified conditions
 IF REVOKED- probationer shall serve the sentence originally imposed.
HEARING OF THE VIOLATION
 Informal and summary
 Probation have right to counsel and given all the opportunities to be
heard because it may lead to revocation and hence imprisonment.
 Probation officer- prosecutes but may asked assistance from the
prosecutor office in the presentation of evidence.
SAFEGUARD IN PROTECTION OF PROBATION DUE PROCESS
Before probation can revoked, the following may be required:
1. written notice of the claimed violation
2. disclosure of evidence against probation
3. opportunity to be heard and to present witnesses and document
evidence
4. the right confronts and cross-examines adverse witnesses
5. a written statement of the fact finder as to the evidence relied and
reason for revocation (decision)
TERMINATION OF PROBATION (SEC 50)
1. After period of probation with satisfactory compliance with condition of
probation.
2. Revocation for case (sec. 40)
3. Other ways of terminating of probation:
a. Termination before the expiration of the period the court may
terminate were the ends of justice will served thereby and when the
good conduct and rehabilitation of the person so held on probation
shall warrant termination.
b. Termination of pardon of probation- absolute or conditional
c. Deportation of probation- alien
d. Death of probationer 
Sec. 51     

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 At least 30 days before the expiration of the period of probation or unless

otherwise required by the court, the probation officer shall submit a final
report (Probation Adm. Form no. 9) to the court which shall indicate:

1. The prescribe program of supervision and response of the

probationer to said program
2. A recommendation as to whether the probationer nay be discharge
from probation of not. If not probation officer may recommend
modification of term.
3. Such other information required by the court.

SEC 52: FINAL DISCHARGE

 The court may on basis of the report (PA no. 9) under the final discharge
of probationer from probation.
SEC 53: LEGAL EFFECT OF DISCHARGE
 Shall restore to him all civil rights lost or suspended as a result of
conviction.
 Fully discharge his liability for any fine as to the offense which probation
was granted but not civil liability

CLOSING OF PROBATION CASE

SEC 54: ARCHIVING OF CASE
 The probation office shall formally close the record of probation case
upon formal receipt of the court order finally discharging the probationer.
Thereafter the case shall be archived- kept for record purposes.

CONFIDENTIALITY OF PROBATION RECORDS (SEC 57)

Where it can be found?
1. court concern
2. office of the chief Provincial Probation Office assigned in city or
province
3. copies of this record forwarded to Regional PPO and PPA (Central
Office)
What are these records?
1. petition for probation

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2. order or referral for investigation

3. worksheet, waiver, case presentation, or classification
4. resolve of record check from courts, barangay, PNP, as well as Case
Management and Records Division, PPA 5 request for courtesy
investigation and its result
5. Post- Sentence Investigation Report
6. probation order, denying or granting probation
7. application for modification or revision of period or condition of probation  
8. modification and revision order
9. record of hearing of violation of conditions of probation
10. revocation or termination order
 
SEC 58: VIOLATION OF CONFIDENTIALITY
 penalty imposed 6 months and one day to 6 years and fined 600 to
6000 pesos

Probation Administration (EO no. 292 Paroles and Probation

Administration) Line Bureau under the DOJ
1. Parole and Probation Administration
 one Deputy

2. Staff Division
a. Financial Management Division (FMD)
b. Administrative Division (AD)
c. Legal and Inspectorate Division (LID)
d. Training Division (TD)
e. Clinical Services Division (CSD)
f. Community Services Division (CmSD)
g. Case Management and Record Division (CMRD)

3. Regions
 Regional Probation and Parole Offices (Dir. II/ Regional Dir.)
 One Deputy (Dir. I/ Asst. Reg. Dir.)

4. Provinces/city
 CHIEF PPO ASSISTED BY:
a. Senior Probation and Parole Officer (Sr. PPO)
b. Probation and Parole Officer II (PPO II)
c. Parole and Probation Officer I (PPO I)
d. Clerk II
GENERAL QUALIFICATIONS

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Probation administration
 Appointed by President
 Hold office during good behavior/ or shall not be remove without case.
Assistant Probation Administration
 appointed by President
 at least 35 years old
 holder of a master degree in either Criminology, Social work correction,
penology, psychology, sociology, PA, Laws, political science, police
administration or relation field.
 5 years supervisory experience
 member of BAR with 7 years supervisory
Regional Probation Officer
 Appointed by the President upon recommendation Secretary of DOJ
Assistant Regional Probation Office
Provincial or City Probation and Parole Officer
 At least one in each province or City appointed by secretary of DOJ,
upon recommendation of Probation Administration.
Requirement for Regional Probation Officer, Assistant RPO, Provincial or
City
 A bachelor degree major in social work, sociology, psychology,
criminology, penology, correction, police science, police administration or
related field with 3 years supervisory experience.
 member of the BAR with 3 years supervisory experience

Volunteer Probation Aide (VPA)

 Appointed by Probation Administration who may delegate the power to
RPO
 Term of office- 2 years which may be renewed a terminated earlier
depending on his performance as determined by Probation
Administration
DUTIES OF VPA
1. Assist the Probation Officer in supervision of probationer
2. Prepare and submit reports and record of his work as may be required
by probation offices
3. Assist the probation officer in mobilization of community support for
probation program

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CASE LOAD
 Shall not be assigned more than ten at any time VPA shall not receive
any regular compensation but entitled to travel allowances allowed under
existing government rules and regulation.
QUALIFICATION
 Filipino citizen of good repute, at least 21 years old, resident of good
standing in province or city where probationer to be supervise reside.
Should came in the same area.

THE PAROLE AND PROBATION ADMINISTRATION

PROBATION ADMINISTRATION
 
 Presidential Decree 968 as amended established the Probation Administration,
which exercises general supervision over all probationers Under the
Department of Justice. It was made into a Parole and Probation Administration
under the 1987 Administration Code.

 The organization of Administration consists of the officer of the Administrator,

Assistant Administrator, the Administration Division, Training Division, Clinical
Service Division, Community Division, case Management Division, and the
Regional Offices.

 The Office of the Administrator has direct line supervision and control over the
staff services and regional offices. It has responsibility for overseeing
operations to insure judicious and effective implementation of the parole and
probation system as initially drawn by the staff services and units along their
respective areas of responsibility. It constantly draws from the staff services
and units such advice and objectives of the Administration.
 
FUNCTIONS OF ADMINISTRATION
 
The Administration performs the following functions:
1. Develops information materials and disseminates the same to the general
public by coordinating with the national local agencies in planning and
conducting campaigns;
2. Provides entry level training and continuing education to Probation Officers of
all
3. Conducts researches-legal, psychological and social factors in commission of
crime;

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4. Calls upon any department, office agency of the government private to render
assistance as it may require or coordinates with it to carry out the program to
the provision and law; and

5. Encourages assists and accredits detention centers (house for· offenders while
waiting for decisions on probation doing post-sentence investigation),
promulgating rules and regulations setting minimum standards to assure their
competence, integrity and stability.
 

A. PROBATION ADMINISTRATOR
 The Administration is headed an Administration and is appointed by the
President of the Philippines.
 
Qualification
 To be eligible for an appointment as a Probation Administrator, a person must
be at least thirty-five years of age, holder of a master's degree or its equivalent
in either criminology, social work, corrections, penology, psychology,
sociology, public administration, law, police science, police administration or
related fields, and should have at least five years of supervision experience, or
be a member of the Philippines Bar with at least seven years of supervisory
experience.
 
Duties of the Administrator
1. Act as the Executive Officer of the Administration;
2. Exercise supervision and control over all Probation officers;
3. Promulgates subject to the approval of the secretary of justice and the
necessary rules relative to the methods and procedures of the probation
process;
4. Submits annual report to the Secretary of Justice, in such form as the latter
may prescribe, concerning the operation, administration and Improvement of
the probation system;
5. Recommends to the Secretary of Justice the appointment of the subordinate
personnel of the administration and other offices established in PD 968 as
amended;
6. Provides for planning, research and evaluation of the probation system and
program;
7. Appoints citizens of good repute and probity to act as a volunteer probation
aids;
8. Generally perform such duties and exercises such powers as may necessary
or incidental to achieve the objectives of P.D. 968 as amended.
 

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B. ASSISTANT ADMINISTRATOR
 Assists the Administrator and performs such duties as may be assigned by
the Administrator and as provided by law. In the absence of the Administrator,
he acts as the head of the Administration. He too, is appointed for the position
by the President of the Philippines.
 
Duties of Assistant Probation Administrator
1. Assist the Administrator in planning, organizing, directing, and controlling the
activities and functions of the Administration;
2. Serves as deputy to the Administrator and act as such in the absence of the
latter;
3. Assists in the formulation of the policies, rule and regulations and in the
implementation and /or execution of the programs and projects of the
Administration; and
4. Performs such other functions as may be assigned by the Administrator as
may be provided by law.

 
C. REGIONAL PROBATION OFFICER
 He is appointed by the President of the Philippines in accordance with the
Integrated Reorganization Plan upon Recommendation of the Secretary of
Justice.
 Exercise supervision and control over all Provincial District and City
Probation Officer within his jurisdiction and performs such other duties as
may be assigned by the Administrator.

Qualification
 No person shall be appointed Regional or Assistant Regional Probation Officer
unless he possess at least Bachelor's degree with a major in social work,
sociology, psychology, criminology. Penology, corrections, police science,
police administration or related fields and has at least three years of
experience in work requiring any of the above mentioned discipline, or is a
member of the Philippine Bar with at least three year of supervisory
experience.

Duties of Regional Probation Officer

1. Implement laws, policies, programs, rule and regulations of the Administration
in the regional areas;
2. Provide economical, efficient, and effective probation service to the people in
the region;
3. Coordinate with regional officer of the department, bureaus, and agencies in
the area;
4. Coordinate with local government units in the area; and
5. Perform such functions as may be provided by law or may be assigned by the
Administrator.

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D. ASSISTANT REGIONAL PROBATION OFFICER
 Appointed by the President of the Philippines upon recommendation of the
Secretary of Justice to assist the Regional Probation Officer and to act as such
in his absence.
 
E. CITY/PROVICIAL PROBATION OFFICER
 There will be at least Probation Officer in each Province and City who will be
appointed by the Secretary of. Justice upon recommendation of the Probation
Administrator and in accordance with civil service law and rules.

 
Qualification
 No person shall be appointed Provincial or City Probation Officer unless he
possess at least Bachelor's degree with major in social work, sociology,
psychology, criminology.  Penology, corrections, police science, police
administration, or related fields and has at least three years of experience in
work requiring any of above mentioned discipline, or is a member of the
Philippine Bar with at least three years of supervisory experience.

Duties of Provincial/City Probation Officer

 
1. Investigate all persons referred to him for investigation by the proper court or
Administration
2. Instruct all probationers under is supervision or that of the Volunteer Probation
Aide on the terms conditions their probation
3. Keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about on improvement in their
conduct and conditions;
4. Maintain a detailed record of his work submit such written reports as may be
required the administration or the court having jurisdiction over the probationer
under his supervision.
5. Utilize community resources and enlist qualified residents of the province,
district or city wherein he is assigned who are willing to act as Volunteer
Probation Aide.
6. Supervise the training of Volunteer probation Aides and oversee the latter's
supervision of probationers;
7. Exercise supervision and cpntrol over all field assistants, Volunteer Probation
Aides and other personnel;
8. Receive for the court the restitution of the objeCt of the crime or its reparation,
indemnification of consequential damages, fine, imposed, and the cost of the
proceeding as pronounced on the probationer, when so required by the court;
and
9. Perform such other duties as may be assigned by the court or the
Administration.

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F. DEPUTY PROBATION OFFICER
 Conduct post-sentence investigation and assist the Provincial or City Probation
Officer to carry out his duty effectively. He deals directly with Volunteer
Probation Aides regarding the conduct of visitation and supervision and the
provision of counseling and other social services appropriate to the
rehabilitation of the probationer.

 
G. VOLUNTEER PROBATION AIDE·
 Assist in the supervision of the probationer. He does not receive any regular
compensation for· service except for reasonable travel allowance.
 The reason for this is to stress the voluntary nature of the work.
 What are emphasized here are the involvement-selected members of the
community in the rehabilitation of the probationers.
 The Aide hold office for such period may be determined by the Probation
Administrator. His duties are to
 
a. Supervise, assist and guide the probationer under his charge and use all
suitable methods to bring an improvement in his conduct and conditions;
b. Prepare and submit a detailed record of his work such other written
reports as may be required by the Probation Officer or court having
jurisdiction over the probation under his supervision; and
c. Perform other duties as may be assigned to him by the court or the
Probation Office.
 
 
PAROLE AND EXECUTIVE CLEMENCY
 
I.          INTRODUCTION
 
 Parole and Pardon are two (2) Community-based Correctional treatment
of offenders.
 They are both alternative to further imprisonment.
 On the other hand, probation, another community-based form of
treatment is considered an alternative to imprisonment.
 At present these modes of correctional treatment are tested to be the
most economical alternatives to incarceration.
 The Philippines has been emulative rather than innovative in devising
effective and human ways of treating offenders.
 
II.          PAROLE
 
 “Parole” is French for word and is used in the sense of “word of honor”
(parole d’ honneur).

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 Thus implication is that the released prisoner would give his “word of
honor” that he would abide by the terms of his conditional release.
 Parole as penal practice was part of the reformatory idea which
originated in the historical part of Europe.
 In the latter part of the Eighteen century, when the Thames River was
occupied by prison ships called “hulks” these former English warship
were withdrawn from naval operation on account of unseaworthiness and
utilized as prison ship became dangerously overcrowded.
 The floating prison “hulk” was the effect of congested land-based prisons.
 A brief period of transporting criminals to the new world had been aborted
by the loss of colonies and the struggle against slaver.
 The American Revolution which started in 1776 stopped the
transportation of prisoners to the American colonies and created a
problem on the part of English government on how to disperse its
surplus.
 
 
PENAL COLONIES IN AMERICA
 
            Colonization was notably resorted to by the old power. It was the achievement of
the English explorer. Captain James Cook, that issued an answer. Cook had
circumnavigated the world and pioneered the exploration of New Zealand and East
Australia, while putting to rest the legendary belief that a vast southern continent
existed. English government policies in favor of colonial expansion, coupled with her
surplus of prisoners, led to the idea of establishing a penal colony in the area which
Cook hade colonizes.
 
            The concept became a reality in 1787 Captain Arthur Philip, commander of a
fleet of eleven (11) ships, including two (2) escorting warship, set sail form Spithead,
England with a load of expatriated convicts. Philips landed his cargoes, including 552
male and 190 female convicts at Botany Bay Australia on January 18, 1788, after a
horrible journey of eight months duration.
 
            The prisoners, male and female, had been jammed together, provision ran low.
The fleet of eleven ships anchored on the north of Botany Bay, which Philip named
Sydney in honor of England Home Secretary, He establish the first penal colony in
Australia. In England, the authorities began to hire the services of private contractors
engaged in shipping to transport prisoners. With the profit motive now introduced,
prisoners were crammed like sardines into what became known as “Floating Hell”.
Authorities estimated the approximately 125,000 prisoners were transported to Australia
penal colonies between 1787 and 1867.
            After Sydney, other penal colonies were founded, Van Diemen’s Land (now
Tasmania) became famous as the place to which distinguished Irish political prisoners
were banished like common Norfolk Island as a prison fortress was established. The
condition in the Norfolk Island Penal Colony worsened. Cannibalism was not an
uncommon practice and prisoners were killed for belief respires gained by being

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transported to Sydney for trail and execution. The silent and most bestial abuses that a
human creature could invent and practice on the Earth happened without restraint and
without shame.
 
            Unbelievably, it was in the horrible conditions that the idea of parole sprouted as
an alternative to incarceration, after his appointment to the Norfolk Island Penal Colony,
Captain Alexander Macanochie, governor of Norfolk Island a penal colony east of
Australia initiated the famous “mark system” prisoners were graded into four levels.
Upon arrival, convicts were assigned to the first level which involved strict confinement.
After a period of good conduct, they would advance to the second level, working in a
governmental chain gang. The Level involved partial freedom under strict regulation and
the treat of revocation, but no supervision was provided other than requiring paroled
prisoners to report to the police each month. Actually, the fundamental principle of
Macanochie’s mark system was based on the substitution of a specific task for the
customary time sentence. So instead of requiring the convicts to serve a fixed terms,
Macanochie gave them an opportunity to reduce their sentence. Each prisoners was
debited with a number of marks proportional to the seriousness of his sentence. By
proper deportment, labor and study, a convict can redeem these marks against him and
be eligible for a ticket-of-leave or similar to conditional pardon.
 
 The key components of the system which Macanochie introduced into the penal
colony at Norfolk Island were basically two:
1. A “mark system” whereby a convict could earn a way out of confinement by
industry and good conduct
2. A five-stage system leading to unconditional liberty. Those stage were.
a.      Rigid discipline and absolute confinement
b.      Work on a government chain gang
c.      Limited freedom within a prescribed area
d.      A ticket of leave or conditional pardon
e.      Total freedom
 
Macanochie’s mark system became the blueprint of present parole, but despite
its humane and rational basis, it was not extensively employed no adopted in
considerable degree in England Authorities felt that the Mark System failed because of
a lack of labor market for released prisoners and idleness.
 
As the saying goes, “experience is the best pickle”, failure of drawbacks in the
mark system were remedied and perfected by Sir Walter Crofton through what has
become known as the Irish System. Crofton, who was appointed as Director of the Irish
Prison System in 1854, felt as Macnochie did, that there was a corrective potential in
incarceration of convicts supplemented with a ticket of leave. In 1846, Crofton instituted
his three stage system of penal servitude, which known as the “Intermediate Prison”
and was contained in the Penal Service Act. The three stages were.
1.      Strict Imprisonment
2.      Intermediate Imprisonment
3.      Ticket of Leave or conditional pardon

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Using the improved version of the mark system Crofton evolved a system
incorporating the old practices in English Prison and his own program. First the convict
must serve 12 months of solitary confinement; second, work in association with other
convicts, chiefly in outdoor labor or public works; third, conditional release for a period
of remission earned by hard work and good conduct which was always subject to
revocation. To these three stages, Crofton added a fourth stage, which was known as
the intermediate prison. At this stage, which has never less than six months, the
prisoners lived in comparative freedom under the supervision of a few armed guards,
they worked together and were housed in unlocked portable huts. The purpose of the
intermediate prison was to determine whether the prisoner has reformed as a
preliminary step. The ruling principle in the Irish system was the individual of treatment

PAROLE IN AMERICA
1. Parole did not originate in the United States, but it was where it developed and
refined as a community-based correctional treatment of offenders. It was
believed that the first man to use the word “parole” was Dr. S. G. Howe of
Boston, who use the word in a letter to the Prison Association of New York in
1969, after some American Prison reformers who observes that the Irish Prison
System paved the way for the approval of the law creating the Elmira
Reformatory remained under supervision parolee’s employment and wages. As
a way monitoring the progress of the program, report were sent back to the
Elmira Reformatory, therefore establishing a link between the community-based
program and the penal institution
2. Zebulon R. Brockway, Superintendent of Elmira Reformatory, using the
indeterminate sentence compulsorily developed parole which soon spread to
other state in United States of America.
3. In the twentieth century, parole has become a standard correctional practice.
Parole as it operates worldwide, which includes the Philippines is defined as a
form of correctional institution. It is closely tied with the indeterminate sentence
and in the concept of good time credit, through satisfactory behavior while
undergoing incarceration.

PAROLE IN PHILIPPINES
1. Parole in the country is governed by Act No. 4103, otherwise known as the
Indeterminate Sentence Law. The law was subsequently amended by Act No.
4225 and further amended by RA No. 4203 Lately, other changes in the was
introduced by Executive Order No. 292, otherwise referred as the
Administration was renamed as Parole and Probation Administration and
charged with the task of administration was renamed as parole system and
exercise general supervision overall parolees and pardonees.
2. Parole is a conditional grant of liberty to a serving-sentenced prisoners, after
spending a period of time in an atmosphere of captivity and regimented
institutional existence, gradually release and reintroduced to the mainstream of
the free society under the purpose of bridging the gap between a lightly
controlled penal atmospheres to a normal community life. In parole therefore,

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the convict serves a portion of his sentence in a jail or prison establishment of

facility and part of it in the community
Essential elements of the Parole System

                That the prisoner’s sentence of conviction becomes final and executory;

1.      That he serves part of his prison sentence;

2.      That he is released after the expiration of his minimum sentence;
3.      That said liberty is conditionally anchored on good behavior; and
4.      That remains on parole until the expiration of his maximum sentence.
Board hearing Parole Grant
 In a penal facility where casework method is highly organized like in the
Philippines, there is no need for a serving-sentenced prisoner to file an
application for parole since the institution itself, motu propio, initiates parole
proceedings the moment the convict becomes eligible.
 Various methods where adopted in the selection process in the system. Some
Boards in other jurisdiction conduct interview of prisoners. In other places, the
administering board does not conduct interview of prisoners, but relies solely on
the documents submitted to it.
Probation and Parole as forms of community-based correction
 Probation and Parole System are vital tools of non-institutional program. Both
were founded on the Positivist school of thought in the treatment of offenders.
Both release are conditional in nature and subject to the supervision by a
probation and parole officer.
 As to its differences, probation is a judicial act while parole is an administrative
act of the executive department. In probation, the convicted prisoners need not to
go jail or prison, while in parole the offender serves part of his sentence in a
penal facility before being granted conditional liberty. Parole is an extension of
institutional treatment, while probation is a substitute to imprisonment, Parole is
granted by the Board of Pardons and Parole, while probation is given by the
judge.
Role of the Parole Officer
 A parole officer has the responsibility to conduct pre-parole/ pre-executive
clemency investigation. A report and recommendation is submitted to the Board
of Pardons and Parole based on the community investigation on the home, job,
and the family of the prisoner. This report is supported by pre-parole
questionnaire, prison record and prison carpeta. At present, the grant of parole
and other form of executive clemency are governed by the Intermediate
Sentence law and the new rules and regulations of the Board of Pardons and
Parole.
 Ideally interaction between the parole officer and the prospective parolee begins
prior to the release from the institution. The parole officer studies the records of

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the prisoner and meets with the prisoner’s family and community. On the basis of
his findings, the parole officer will recommend to the board the grant or denial of
parole.
 Subsequently, a continuing relation is structured between the parole officer and
the released parolee. It is where the parole officer and the prisoner modify or
changed unacceptable behavior, attain self-understanding, find more acceptable
ways of performing and reacting to the problems of life, find suitable employment
and developed good works, attitudes and habits and prepare for the discharge
from parole supervision at the end of the period. Hence, supervision is a valid
component of community-based program.

THE INDETERMINATE SENTENCE LAW, ITS CONSTITUTIONAL AND STATUTORY

MANDATE
 The Board of Pardons and Parole (BPP) referred to the Board is the agency
attached to the Department of Justice was created to implement the
indeterminate sentence law.
 The Board came into existence by virtue of Act No. 4103, otherwise known
as the “Indeterminate Sentence Law of 1933”. Act 4103 provided among
others, the creation of the Board of Indeterminate Sentence. This body was
tasked to look into the physical, mental and moral record of the prisoners
who shall be eligible for parole and to determine the proper time of release of
such prisoners.
 This law was amended by Executive Order No. 83, series of 1937, which
gave the Board the authority to advise the Chief Executive on the course or
courses of action to take on petitions for executive clemency. It likewise
renamed the Board of Indeterminate Sentence to Board of Pardons.
 On October 4, 1947, Executive Order No. 94, otherwise known as the
Reorganization Law of 1947 was promulgated. This law abolished the Board
of Pardons and created the present Board of Pardons and Parole.
Act 4225, also amended R. A. 4103.
 On June 19, 1965, the Indeterminate Sentence Law 1933 was further
amended by R. A. 4203 which provided the qualification, term of office,
composition and compensation of the Board members.
 New features of R.A. was introduced by Executive Order 292 otherwise
referred to as Administrative Code of 1987. The Probation Administration
was renamed as Parole and Probation Administration Chapter 6, E.O. 292. It
also transferred the supervision of the parolees and pardonees from the
municipal courts to the Parole and Probation Administration.
 
PARDON AND OTHER FORMS OF EXECUTIVE CLEMENCY

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 Pardon is a form of presidential clemency, either plenary or conditional in

nature, which is exercised by the Chief Executive of the country. Aside from
pardon, the President of the Philippines may grant reprieves, commutation of
sentence and remit fines and forfeitures after criminal conviction by final
judgment.
 As to pardon, it is an act of grace and the recipient of the grace is not entitled
to it as a matter of right. It is discretionary and within the prerogatives of the
Chief Executive and the power judicial review could not interfere for it is a
political question.
 

Brief History of the Pardoning Power of the Chief Executive

 Since time immemorial when men learned to exercise power of office their heads
usually have power of life and death over their subjects. This power is aimed by
the Almighty and vested on the highest executive, whether a King, Queen or
Emperor and lately by the President or Prime Minister of a presidential,
monarchial, parliamentary or quasi-parliamentary forms of government. The
exercise of pardoning power of the chief executive dates back to the Pre-children
era. In the New Testament, various Biblicist cited Pontius Pilate, then the Roman
Governor of Galilee, on the occasion of the feast of the past-over after being
intimidated by the mob action ordered the release of murderer and robber named
Barabbas and ordered the torture and crucifixion of Jesus Christ.
 In England, pardon developed out of the conflict between the King and the
Nobles who threatened his power. Pardon was escape goat of the members of
the royal family who committed crimes or rebelled against the supreme power. It
was general view that be pardoning power was exclusive
 The practice of granting pardon was part of the culture of the ancient Hebrews,
Greece and Rome. Emerging countries like France Germany and other
countries, especially England, the pardoning power was delegated to the colonial
governor who in turns practiced  it among the colonist. When the American
revolution ended the colonial status of the American States , the power to grant
pardons continued and was even bought to the Philippines by the Americans

Limitations of pardoning powers

1. Pardon cannot be extended I cases of impeachment;
2. No pardon parole, suspension of sentence violation of Election Laws may be
granted without the favorable recommendation by the COMELEC
3. Pardon is exercised only after final conviction

LEGAL BASIS OF THE PARDONING POWER

 The board of pardons and parole BPP is the administrative arm of the president  
of the Philippines in the exercise of his constitutional power to grant, except in
cases of impeachment, reprieves, commutation, pardons and remit fines and

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forfeitures after conviction by final judgment this is provided for by the Philippines
constitution section 19 Article VII.
 
 
 

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