BASIC CONCEPTS

1. Correction vs. Penology

Course Description: 2. Positivist vs. Classical Thoughts
The course focuses on Presidential Decree, 3. Correction – Positivist influence
known as the “Probation Law of 1976” as amended, 4. Penology – Classical influence
establishing a probation system in the Philippines, its
historical background, philosophy, concepts, and What are the two kinds of
operation as a new correctional system, investigation, CORRECTION APPROACHES in the Philippines?
selection and condition of Probation, distinction
between incarceration, parole, probation and other 1. Institutional Correction – Rehabilitation of
forms of executive clemency, total involvement of offenders in Jail or Prison.
probation in the administration of the Criminal Justice 2. Community-Based Correction – correctional
System. activities that takes place in the community that
This course also treats the study of the directly addressed to the offender and aimed at
Act 4103, as amended otherwise known as the helping him to become a law abiding citizen.
Indeterminate Sentence Law that created the Board of
Pardons and Parole, system of releasing and
recognizance, executive clemency and pardon. COMMUNTY-BASED CORRECTIONS

1. PROBATION – (PD 968 of 1976)

BACKGROUND OF STUDY 2. PARDON AND PAROLE - (Act No. 4103 known as
the Indeterminate Sentence Law of 1933)
CJS – the crime prevention mechanism 3. PROBATION
P – POLICE/LAW ENFORCEMENT
P – PROSECUTION
C – COURT PROBATION
C – CORRECTION
C - COMMUNITY WHAT IS PROBATION?

Correction as a process - By probation, a person convicted of a criminal

1. Institutional offense is not sent to prison by the sentencing
2. non-institutional based correction court. Instead, he/she is released and placed
under the supervision of a probation officer
BOARD QUESTIONS subject to the conditions which the court may
impose.
Which of the pillars of Philippine Criminal
Justice is the __ Probation, in other words: is a disposition under
1. “Prime mover”? which an accused, after conviction and
2. “Investigator/state representative? sentence, is released subject to conditions
3. “Center pillar”? imposed by the court and to the supervision of a
4. “Reformer”? probation officer.
5. “Base pillar”?
6. The superstar in the CJS? Probation, also: is a privilege granted by the
7. The forgotten person in the CJS? court; it cannot be availed of as a matter of
right by a person convicted of a crime.
What does the __ symbolizes in the context of the To be able to enjoy the benefits of probation, it
criminal justice system? must first be shown that an applicant has no
1. The lady justice – divine rightness of law disqualifications imposed by law.
2. The balance – truth and fairness
3. The sword – power of reason IS PROBATION A MATTER OF RIGHT?
4. The blindfold – objectivity - IMPARTIALITY!
No, it is a mere privilege for adult offenders.
What do you call the judge hammer? However, under R.A. 9344 or Juvenile Justice
- Mallet or Gavel and Welfare Act of 2006, a Child In Conflict with
the Law (CICL) is granted the right to probation
as an alternative to imprisonment if qualified
under the Probation Law.
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Probation was an OLD PRACTICE. It was the influence of Probation Act.
the following: However, it was abolished after two years as it
was declared unconstitutional by the Supreme
BENEFIT OF THE CLERGY Court in the case of People v. Vera, 37 O.G. 164.
In the 13th Century, a compromise between the (As a case of Class legislation) In 1972, House
church and the king, wherein any member of Bill No. 393 was filed in Congress, which would
the clergy brought to trial in the king’s court establish a probation system in the Philippines.
shall be claimed from the jurisdiction by the This bill avoided the objectionable features of
bishop or chaplain representing him and placed Act 4221 that struck down the 1935 law as
under the authority of the ecclesiastical court. unconstitutional. The bill was passed by the
House of Representatives, but was pending in
JUDICIAL REPRIEVE the Senate when Martial Law was declared and
17th century – the practice of temporary Congress was abolished.
suspension of the execution of sentence by the
judge either before or after judgment. House Bill No. 393
Early in the 17th C – with the establishment of Was filed by Teudolo C. Natividad and Ramon
settlements in America, English courts began to Bagatsing. This was the second Bill that
grant reprieves to prisoners under sentence of attempts to establish an adult probation in the
death on condition that they accept Philippines after its forerunner Act No. 4221 of
deportation. 1935 was declared unconstitutional.

RECOGNIZANCE “binding over good behavior” On July 24, 1976, Presidential Decree No. 968,
The direct ancestor of probation - involves the also known as Adult Probation Law of 1976, was
obligation or promise under oath that the signed into Law by then President Marcos.
accused must “keep the peace” or “be of good
behavior” Sureties or bail were usually required Features of PD 968
usually applied to any felony not capital this led
to the development of the first Application for Probation
British Probation Service.
The application for probation shall be filed by a
TRANSPORTATION sentenced or convicted offender whose
Sending or putting away of an offender to sentence is not more than 6 years
another colony. It was an attempt to substitute imprisonment. It shall be filed with the court
for brutal punishment at home and an that tried and sentenced the offender.
opportunity for rehabilitation in a new country.
Will probation be automatically granted to
DEVELOPMENT OF MODERN PROBATION one whose sentence is six (6) years or less?

Matthew Davenport Hill (1792 – 1872) No, the applicant may be denied by the court if
English lawyer and penologist; known as Father the offender would be better rehabilitated if
of probation in England he/she is sent to prison to serve his/her
sentence. If there is undue risk that the
John Augustus (1785-1859) offender will likely commit another crime;
Founder of American Probation – Boston, Probation will depreciate the seriousness of the
Massachusetts (a shoemaker) – his effort led to offense committed.
the 1st probation legislation in the United
States in 1878 – true Father of Probation. Will probation be automatically granted to
Hence, the true origin of modern probation was one whose sentence is six (6) years or less?
the US.
John Augustus influence 1887 - a law passed Under Sec. 70 of R.A. 9165, the Comprehensive
providing for the appointment of probation Dangerous Drugs Act of 2002 - The first-time
officer for the city of Boston. minor offender who upon promulgation of the
An ex-chief of police of Boston, Edward N. sentence, the court may, in its discretion,
Savage was named probation officer, thus placed the accused under probation, even if the
becoming the first probation officer employed sentence provided under Sec. 11 of the Act is
by the government. higher than that provided under Probation Law.

PROBATION in the PHILIPPINES Is there a need to apply for probation to avail of

its benefits?
August 7, 1935 – Public Act No. 4221 – was
passed to and became known as the
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Yes, it will not be granted except upon the 6. (PSIR) is submitted by the probation
application by the accused. “The trial court officer to the court within 60 days
may, after it shall have convicted and sentenced 7. The court grants or denies the petition
a defendant and upon application by said for probation within 15 days upon
defendant within the period of perfecting an receipt of the PSIR.
appeal” – Sec 4
What are the effects of filing an application for
When can a petitioner file his application for Probation?
probation? 1. The court may, upon receipt of the
application suspend the execution of
The law says that the application should be sentence imposed in the judgment;
made within the period for perfecting an appeal 2. Pending the submission of the PSIR and
or within 15 days from the promulgation of the resolution on the application, the
notice of judgment. applicant may be allowed on temporary
However, under Section 42 of R.A. 9344, the liberty under his bail, on a new bail, or
Juvenile Justice and Welfare Act of 2006 – The released on recognizance.
court may, after it shall have sentenced a Child
in Conflict with the Law and upon application at How many times can one be granted probation?
anytime placed the child on probation in lieu of
service of his sentence. ONLY ONCE!!

What are the Disqualifications for Probation

application?

Is there a form prescribed for the application 1. Those who were sentenced to more
for probation? than 6 years
2. Those who were convicted of crimes
Yes, it shall be in the form approved be the against the security of the state (Art.
Secretary of justice as recommended by the 134 to 157 except 135, 140 and 152 of
Administrator or as may be prescribed by the the RPC)
Supreme Court. 3. Those previously convicted and
punished of not less than 1 month and
Where can we file the application for 1 day imprisonment and/or fine of not
probation? less than 200 pesos (include those
punished with destierro)
The application for probation be filed directly to 4. Those that were previously granted
the trial court that heard and sentenced the probation under P.D. 968
person applying for probation. 5. Those who were already serving their
sentence when probation became
What then be the duty of the court after receipt applicable.
of the application?
The Court will not grant Probation if it finds:
The trial court may notify the concerned
prosecuting officer of the application at a 1. The offender can be treated better in a
reasonable time before the scheduled hearing mental institution or other places for
thereof. correction
2. The offender is a risk to the community
What are the procedures in applying for 3. The offense is grievous to the eyes of
Probation? the community

1. The offender or his counsel files a When Probation is granted, what conditions are
petition with the convicting court imposed by the court?
2. The court determines convict 1. The probationer must present himself
qualifications and notifies the to his probation officer within 72 hours
prosecutor of the filing of the petition 2. Report to his probation officer at least
3. The prosecutor submits his comments once a month
on such application within 10 days from 3. Not to commit another crime
receipt of the notification 4. Comply with any other lawful
4. If petitioner is qualified, his application conditions imposed by the court.
is referred to the probation officer for
post-sentence investigation
5. The post-sentence investigation report
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If the probationer committed a crime while
under probation, what would be the The probationer must file a request for
consequences? change of residence at the city or
provincial Parole and Probation officer
1. The probationer will be arrested for to the court approval.
violation of the condition of probation If approved, the RTC which has
2. Prosecution of the new crime jurisdiction over the place shall have full
committed control of the probationer.
3. The court will order the serving of the
original sentence of the previous Who is a volunteer Probation Aide?
offense
He/she is a civilian of good repute and
How long is the period of probation? integrity, at least 18 years of age,
appointed by the Probation
1. Not more than 2 years if the sentence is Administration to assists the POs in the
imprisonment for 1 year or less investigation and supervision. A VPA is
2. Not more than 6 years if the sentence is not entitled to salary but is given a
imprisonment for more than 1 year but reasonable travel allowance.
not more than 6 years.
When is Probation terminated?

Note: Probation starts upon issuance of the After the probationer has satisfactorily
court granting probation. completed the probation period, the
Probation Officer shall submit termination
Can the offender be released pending report to the court containing the ff:
application for probation? 1. condition of probation
2. program of supervision /response
1. On the same bond he filed during trial to treatment
2. On a new bond 3. recommendation
3. To the custody of a responsible
member of the community if unable to What are the ways of terminating probation?
file bond (recognizance)
1. After period of probation with
When can the Court Modify the Conditions for satisfactory compliance with conditions
Probation? of probation.
2. Other ways of terminating probation
At any time during supervision after a. Termination before the
summary hearing when the probationer expiration of the period (served
violated any of its conditions upon at least 1/3 of the imposed
application by the probation officer or period but not less than 6
the probationer himself months)
b. Termination by pardon of the
Note: only the judge who heard and probationer
decided the case has the power to c. Deportation of the probationer
grant, deny, modify, revoke and - when an alien on probation is
terminate probation. deported, probation will
necessary be terminated.
What are the Rules on Outside Travels? d. Death of probationer.

Probation officer authorized the What are the rights restored after termination
probationer to travel outside the area of Probation?
of the operation for a period of 10 days
but not exceeding 30 days. If 30 days, 1. All civil rights suspended when the
Probation must file 5 days before travel offended was convicted and sentenced
a request to travel outside for the are restored after the termination of
approval of Probation authorities. If probation
more than 30 days, probation 2. Liability to pay a fine is also discharged
authorities shall recommend for Court in case of subsidiary imprisonment.
approval.
How Can Probation help in the
Prevention of Crime?
What are the Rules on Change of Residence?
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 When in the community, he is helped
and given opportunities to be It is the release of a prisoner from prison after
productive and responsible instead of serving the minimum period of his
going to prison hopefully, these indeterminate sentence.
situations restrain the probationer from
committing crime. What is the difference between determinate sentence
with an indeterminate sentence?
How can Community help in the Success of
Probation? Under determinate sentencing, the criminal
must serve the entire sentence. The date of
1. Community accepting the probationers, release remains objective.
giving them a feeling of belongingness Under indeterminate sentences, a criminal will
2. Community agencies and schools are serve a range of years as determined by the
being open for the training and judge. The minimum time period is usually set
treatment of probationers and after the minimum sentence passes, the
3. Community leaders and layman case will go before a parole board which sets
allowing the participation of the actual date of release.
probationers in developmental
programs WHO CANNOT BE GRANTED PAROLE?
4. Religious organizations giving the
probationers spiritual advice and Generally, those sentenced to a term of
extending their social action programs imprisonment of one (1) year or less, or to a
to probationers straight penalty, or to a prison sentence
5. Various organizations providing without a minimum term of imprisonment.
temporary housing for probationers
6. The community playing an equally WHEN MAY A PRISONER BE GRANTED PAROLE?
important role after the termination of
probation, it should be ready for the Whenever the BPP finds that there is a
reintegration of the individual into reasonable probability that, if released, the
community life prisoner will be law-abiding and that his release
will not be incompatible with the interest and
THE PAROLE SYSTEM welfare of society and when a prisoner has
already served the minimum penalty of his/her
HISTORICAL ACCOUNTS indeterminate sentence of imprisonment.

The first parole law was passed in WHO MAY GRANT PAROLE TO A PRISONER?
Massachusetts in 1837. At about same time,
Alexander Maconochie introduced a system The Board of Pardons and Parole, an agency
whereby a prisoner was given a “ ticket of leave under the Department of Justice.
“ ( the equivalent of parole ) after earning a
certain required number of marks – known as WHO MAY BE QUALIFIED FOR PAROLE?
the MARK SYSTEM.
From this, Maconochie gained the fame as A prisoner shall be eligible for the grant of parole
FATHER of PAROLE! upon showing that –
Parole was also a feature of the Irish Prison 1. He is confined in a jail or prison to serve an
system which was established in 1856 based on indeterminate prison sentence, the
an indeterminate sentence & the mark system. maximum period of which exceeds one
The Elmira Reformatory, likewise, had a limited year, pursuant to a final judgment of
form of indeterminate sentence and a method conviction
of marks similar to the Irish system, and parole 2. He has served the minimum period of said
based on marks. sentence less the Good Conduct Time
Allowances (GCTA) earned.
Parole System in the Philippines 3. There is a reasonable probability that if
released, he will be law-abiding
LEGAL BASIS 4. His release will not be incompatible with
the interests and welfare of society.
Act No. 4103, as amended, otherwise known as
the "Indeterminate Sentence Law” which was What are the disqualifications for the Grant of Parole?
approved on December 5, 1933. This law
created the Board of Pardons and Parole! 1. Those convicted of an offense punished with
Death Penalty, Reclusion Perpetua or Life
WHAT IS PAROLE? imprisonment;
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 2. Those convicted of treason, conspiracy or training/experience and a member of the
proposal to commit treason or espionage; Philippine BAR.
3. Those convicted of misprision of treason,
rebellion, sedition or coup d'etat; THE EXECUTIVE CLEMENCIES
4. Those convicted of piracy or mutiny on the high
seas or Philippine waters; Pardon
5. Those who are habitual delinquents i.e. those
who, within a period of ten (10) years from the An act of executive clemency by a head of state
date of release from prison or last conviction of for the purpose of exempting an individual from
the crimes of serious or less serious physical the punishment imposes upon him by a court of
injuries, robbery, theft, estafa and falsification, law.
are found guilty of any of said crimes a third It is an act of grace and the recipient is not
time or oftener; entitled to it as a matter of right.
6. Those who escaped from confinement or
evaded sentence; Kinds of Pardon
7. Those who were granted Conditional Pardon
and violated any of the terms thereof; Absolute Pardon
8. Those whose maximum term of imprisonment It is an absolute pardon when it is
does not exceed one (1) yr or those with granted by the Chief Executive without
definite sentence; any conditions attached. Absolute
9. Those suffering from any mental disorder as pardon serves to wipe away the guilt of
certified by a government a pardonee and makes him innocent as
psychiatrist/psychologist; if he has not committed any crime.
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s. Conditional Pardon
It is conditional when it is granted by
What is the Difference of Probation the Chief Executive subject to the
from Imprisonment and Parole? conditions imposed on the recipient
and accepted by him. Usually, the
1. Probation is an alternative to imprisonment. person granted with conditional pardon
Instead of being confined in prison, the has served a portion (at least ½ of the
probationer is released to the community by minimum of his indeterminate
the court with conditions to follow and is placed sentence) of his sentence in prison.
under the supervision of PO.
2. Parole is a conditional release of a prisoner Limitations of the Pardoning Power of the President
whereby he is placed under the Supervision of a
Parole Officer after serving his minimum 1. It may not be exercised for offenses in
sentence. impeachment cases;
3. Probation is a community-based approach to 2. It may be exercised only after conviction by final
reformation of offenders, while imprisonment judgment;
adopts the institutionalized approach. 3. It may not be exercised over civil contempt (As
4. Probation is judicial function while Parole is an for refusing to answer a proper question as a
administrative function. witness in a case);
5. Probation is handled by the Probation 4. In case of violation of election law or rules and
Administration while parole is administered by regulations, no pardon, parole, or suspension of
the Parole Board Probation is enjoyed only once sentence maybe granted;
while Parole may be granted more than once, 5. It cannot be exercised to violation of tax laws.
depending on good behavior during
imprisonment. OTHER FORMS OF EXECUTIVE CLEMENCY
6. Probation is more beneficent because it
restores full civil rights to the probationer upon Amnesty
termination unlike parole.
Is a general pardon extended to a group of
WHAT COMPOSED OF THE BOARDS OF PARDON AND persons generally exercised by the Chief
PAROLE? Executive with the concurrence of congress.
It is an act of sovereign power granting oblivion
1. Chairman - Secretary of the DOJ or general pardon for past offense and rarely, if
Ex-Officio - Probation Administrator of the ever, exercised in favor of single individual is
Parole and Probation Administration usually exerted in behalf of certain classes of
2. Members: Sociologist, Clergyman/Educator, person who are subjected to trial but not have
Psychiatrist, Person qualified for the work by been convicted.

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 Note: Amnesty can be availed of before, during
and after the trial of the case, even after WHAT IS REPRIEVE?
conviction.
REPRIEVE is the temporary stay of the execution
Differences between Amnesty and Pardon of sentence (applicable only to death sentence).

As to the number of those who can avail -

Pardon includes any crime and is exercised WHAT IS GCTA?
individually by the Chief Executive, while
amnesty is a blanket pardon granted to a group It is a privilege granted to a prisoner that shall
of prisoners, generally political prisoners. entitle him to a deduction of his term of
imprisonment. Under Art.97, RPC. Special Time
As to the Time to Avail - Pardon is exercised Allowance for Loyalty (Art. 158, RPC) A
when the person is already convicted, while deduction of 1/5 of the period of the sentence
amnesty maybe given before trial or of any prisoner who evaded the service of
investigation is done. sentence on the occasion of disorders due to
conflagrations, earthquakes, or other calamities
As to the Consent of Congress - Pardon is shall be granted if he returns to authorities
granted by the Chief Executive and such is within 48 hours after the president declared
private act, which must plead and proved by the that the calamity is over.
person pardoned because the court takes no
choice thereof. Once granted shall not be revoked!!
While amnesty is by proclamation with
concurrence of congress, and it is a public act, OTHER VIPs TO REMEMBER
which the court should take judicial notice.
PD1257 – participation of the prosecutor in the
As to the Effect - Pardon is an act of forgiveness, determination of the application for probation.
i.e. it relieves the offender from the
consequences of the offense, while amnesty is P.D. 76 – the period of punishment which is
an act of forgetfulness. i.e. it puts into probationable is extended from 6 years and 1 day.
nothingness the offense of which one is charged
so that the person as if he had never committed P.D. 1990 – the period of punishment which is
the offense. probationable is lowered again from 6 years and 1 day
to 6 years or less
As to the Crime committed - Pardon is granted
for infractions of the peace of the State while E.0.292 - renamed the Probation Administration into
amnesty, for crimes against sovereignty of the Parole & Probation Administration
state (ex. political offense)
Probationer – a person placed on probation
COMMUTATION OF SENTENCE
Absconding probationer – a person whose probation
WHAT IS COMMUTATION OF SENTENCE? was granted but failed to report for supervision or fails
to continue reporting for supervision or whose
It is a change of the decision of the court made whereabouts are unknown for a reasonable period of
by the Chief Executive by reducing the degree time.
of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment of Probation officer – one who investigates for the court a
the original sentence. referral for probation or one who supervises a
probationer or both.
What specific cases commutation maybe granted?
Petitioner – an accused or defendant who files a formal
1. When the convict sentenced to death is over 70 petition for probation
years of age;
2. When justices of the Supreme Court failed to Absconding petitioner – a convicted defendant whose
reach a decision for the affirmation of the death application for probation has been given due course by
penalty; in other cases, the degree of the the court but fails to report to the probation office or
penalty is reduced from Death to Reclusion cannot be located within a reasonable period of time.
Perpetua.
Parole – refer to the conditional release of an offender
In Commutation of Sentence, consent of the from a penal institution after he has served the
offender is not necessary. The public welfare, not minimum period of his prison sentence.
his consent, determines what shall be done.
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Parolee - refer to a person who is released on parole

Pardonee – refer to a person who is released on

conditional pardon.

Client – refer to a pardonee/parolee who is place on

supervision

CASE STUDY NO. 1

Matt was found guilty of drug trafficking while his

younger brother Jeff was found guilty of possession of
equipment, instrument, apparatus and other
paraphernalia for dangerous drugs under Section 12 of
Republic Act No. 9165. Matt filed a petition for
probation. Jeff appealed his
conviction during the pendency of which he also filed a
petition for probation. The brothers’ counsel argued
that they being first time offenders, their petitions for
probation should be granted.
How would you resolve the brothers’ petitions for
probation?
Explain.