Instructional Study Module in Non-Institutional Correction (CA-2)

Learning Objectives:

This course will allow the students to:

1. Discuss the scope of Non-Institutional Correction or the Community-based Correction;

2. Identify and discuss the different kinds of executive clemency;
3. Explain the manner, procedures and guidelines in granting executive clemency to convicted criminal offenders;
4. Understand the concept of probation;
5. Discuss the legal parameters in the grant of probation; and
6. Identify the other forms of community-based corrections.

I. Introduction

We all know that Penology is a branch of criminology which deals with the study of prison management and the administration
of convicted offenders. Penology has stood in the past and still stands for the policy of inflicting punishment on the offender as
a consequence of his wrongdoing; but it may reasonably be extended to cover other policies, not punitive in character, such as
probation, medical treatment, and education, aimed at the rehabilitation of the offender; and this is, in fact, the accepted present
sense or spirit of the term. With the inception of this concept, another area of interest or approach in the study of Correctional
Administration needs to be given equal focus and attention by the students; the so-called Non-Institutional Correction or the
Community Based Correction.

Correctional Administration is the study and practice of a system management of jails or prisons and other institution
concerned with the custody, treatment and rehabilitation of criminal offenders.

Two Areas or Approaches of Correction

1. Institutional Correction-refers to the method or process of correcting, reforming criminal offenders inside the prison.
2. Non-Institutional Corrections/Community Based Corrections- refers to that method of correcting sentenced
offenders without having to go to prison.

The Non-Institutional or Community-based Corrections

Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in the community, subject to
conditions imposed by the government. They are either granted Probation, Parole, Conditional Pardon or Recognizance.
Community-based approach to corrections as a way to decongest the prisons involve the Public Attorney's Office and the
National Prosecution Service affecting the immediate release of detainees either on bail or recognizance and giving priority to
the trial of detainees who cannot be released on bail or recognizance.

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It also involves the efficient performance of the Board of Pardons and Parole in the granting of timely release of prisoners and
the effective supervision of released prisoners on parole or conditional pardon and those under probation by the Parole and
Probation Administration. Probation and parole are the two forms of non-institutional, community-based corrections.

Advantages of community-based corrections are:

1. Family members need not be victims also for the imprisonment of a member because the convict can still continue to
support his family, not to be far away from his children.
2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who will
only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made and be more effective.
4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-strapped government. An
entire bureaucracy will be eliminated which includes the salaries, benefits and perks of the officers and staff, capital
outlays, operating costs, maintenance of the facilities, subsistence of inmates, and many others.

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II. Executive Clemency

Clemency simply means leniency or mercy. A power given to a public official (president) to (in some way) lower or moderate
the harshness of punishment imposed upon a prisoner. Clemency is considered to be an act of grace. It is based on the policy of
fairness, justice and forgiveness. It is not a right but rather a mere privilege and one who is granted clemency does not have the
crime forgotten, as in amnesty, but is forgiven and treated more leniently for the criminals acts. Executive Clemency is the
power of a president in state convictions, to pardon a person convicted of a crime, commute the sentence, or reduce it from
death to another lesser sentence. It is an executive function and not a function of judiciary. It is also non-delegable power and it
can only be exercised by the president of the Philippines personally.

The Plenary power of the President to Grant Executive Clemency

Executive Power under Sec. 1 of Article VII of the 1987 Constitution is defined as the power to enforce and administer the
laws, which means carrying them into practical operation and enforcing their due observance. The president shall ensure that
laws are faithfully executed. Another mandated power of the President under the Constitution is the Pardoning Power. Section
19 of Article VII of the 1987 Constitution authorizes the President of the Republic of the Philippines to grant not only pardon
but also reprieve, commutation of sentence, remission of fines and forfeitures, and amnesty. It provides:

Section 19: Except in cases of impeachment, or otherwise provided by the Constitution, the President may grant reprieves,
commutation of sentence, pardons and remit fines and forfeitures, after conviction by final judgment.

He shall have the power to grant amnesty with the concurrence of a majority of the Members of the Congress.

Different Forms of Executive Clemency

Pardon

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Pardon is a form of executive clemency granted by the President of the Philippines as a privilege extended to a convict as a
discretionary act of grace. Pardon is also defined as an act of grace given by those charged with the power and authority to
execute laws exempting individual (subject to pardon) from the punishment the law inflicts for a crime he has committed.
Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted. Pardon is
a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. The grant of pardon rest
exclusively in the sound discretion of the President, neither the legislative nor the judiciary branch of government has the
power to set conditions or establish procedures for the exercise of this Presidential prerogative. Pardon is exercised with the
objectives of preventing the miscarriage of justice or correcting a manifest injustice.

Purpose of Pardon in General

The purpose of pardon is to afford relief from undue harshness or evident mistake in the operation of criminal law.

Kinds of Pardon

A. Absolute Pardon- refers to the total extinction of the criminal liability of the individual to whom it is granted without
any condition whatsoever and restores to the individual his civil and political rights and remits the penalty imposed for
the offense of which he was convicted. The President also grants absolute pardon to the imprisoned president he has
deposed. This has happened in many countries around the world. In our jurisdiction, former president Gloria
Macapagal Arroyo granted absolute pardon to former president Joseph Ejercito Estrada who was convicted by the
Sandiganbayan for the crime of Plunder.

The purposes of absolute pardon are:

1. To right a wrong. Nothing is this world is perfect. Even the administration of justice cannot escape with this
phenomenon.
2. To normalize a tumultuous political situation. Those in power band critics and oppositions against an incumbent
regime as criminals and subversives.

B. Conditional Pardon- refers to the exemption of an individual, within the certain limits or conditions; from the
punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal
liability. Conditional Pardon is in the nature of contract between the Chief Executive and the convict to the effect that
the former will release the latter subject to the condition that if he did not comply with terms of pardon, he will be
recommitted to prison to serve the unexpired portion of the sentence or an additional one. It is also granted by the
President of the Philippines to release an inmate who has been reformed but is not eligible to be released on parole.
This is applicable to inmates who were slapped a fixed or determinate sentence or a life imprisonment who are,
otherwise, not eligible for parole. It has the nature of a contract in which the pardonee agrees to comply strictly with
the conditions imposed by the pardon, otherwise, violations of the conditions will revoke the contract of conditional
pardon and the pardonee will be criminally prosecuted as a violator.

Ways of Extending Conditional Pardon to the Convict

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 a. Through the operation of the Indeterminate Sentence Law
b. Through the grant of probation under the Probation Law
c. Through the exercise of the President, of the power under the Constitution.

Remedies of the State if Conditions of Pardon are violated

Upon determination that a prisoner granted conditional pardon has violated the conditions thereof, the Board shall recommend
his arrest or re-commitment to the President. Thus, when the conditions are violated, the offender is considered in evasion of
the service of sentence and shall be:

a. Rearrested and re-incarcerated by the order of the President under the Revised Administrative Code.
b. Prosecuted under Article 159 of the RPC. When the penalty remitted is six years and below, there will be an
additional penalty; over six years, the remaining sentence shall be served without additional penalty for the evasion.

Similarities of Absolute and Conditional Pardon

A pardon, whether absolute or conditional, both are in the nature of a deed, for the validity of which delivery is an
indispensable requisite. Until accepted, all benefits to the grantee may be cancelled. But once accepted the pardon already
delivered cannot be revoked by the authority who granted it.

Other Types of Pardon

1. General Pardon is a pardon which applies to all persons falling within a certain category.
2. Special Pardon is a pardon which conceded to a single individual for an ordinary crime.

When is Pardon Granted?

Pardon is granted only after final conviction. As provided under Section 19 of Article VII of the present Constitution. “Except
in cases of impeachment, or as otherwise provided in this constitution, the president may grant reprieves, commutations and
pardons, and remit fines and forfeitures, after conviction by final judgment.” A pardon granted after conviction frees the
individual from all the penalties and legal disabilities and restores him all his civil rights. But unless expressly grounded on the
person's innocence, it cannot bring back loss reputation for honesty, integrity and fair dealings.

What agency recommends to the President the grant of pardon?

Pardon may be granted by the president upon the recommendation of the Board of Pardons and Parole (BPP). The BPP is the
agency in charge with the release of sentenced prisoners based on the modes specified by law. Its actions and proceedings are
governed by the provisions of Section 4 of Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended,
and Executive Order No. 292, otherwise known as The Administrative Code of 1987.

What are the effects of Pardon by the Chief Executive?

1. An absolute pardon extinguishes the criminal liability of the offender.

2. Conditional Pardon partially extinguishes the criminal liability of the offender.

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 3. It does not exempt the offender from payment of the civil indemnity imposed in the sentence.
4. It does not restore the right to hold public office or the right of suffrage unless such rights are expressly restored by the
terms of pardon. (Art. 36, RPC)

Civil liabilities arising from the crime are governed by the RPC. It subsists notwithstanding service of sentence, or for any
reason the sentence is not served by pardon, amnesty or commutation of sentence. Civil liability may be extinguished only by
the same causes recognized in the Civil Code, namely: payment, loss of the thing due, remission of the debt, merger of the
rights of the creditor and debtor, compensation and novation. A pardon does not ipso facto restore a convicted felon to public
office necessarily relinquished or forfeited by reason of the conviction although such pardon undoubtedly restores his eligibility
for appointment to that office. The rationale is plainly evident. Public offices are intended primarily for collective protection,
safety and benefit of the common good. They cannot compromise to favor private interest.

Distinguish Conditional Pardon and Parole

a. The Chief Executive gives conditional pardon after conviction under the provisions of the Revised Administrative Code;
the Board of Pardons and Parole (BPP) gives a prisoner who has served the minimum of an Indeterminate sentence
parole.
b. For violation of the conditional pardon, the offender may either be re-arrested to serve the remitted sentenced or
prosecuted under Article 159 of the RPC; for violation of parole; the convict is re-arrested to serve the unexpired
portion of the penalty.

Distinguish Suspension of Sentence from Absolute Pardon

The power to suspend sentence and the power to grant pardons are totally distinct and different in their origin and nature:

Suspension of sentence is always a part of the judicial power, while pardon is always a part of the executive power. The
suspension of sentence simply postpones the judgment of the court temporarily or indefinitely, but the conviction and liability
following it, and all civil disabilities, remain and become operative when judgment is rendered. A pardon reaches both the
punishment prescribed for the offense and the guilt of the offender. It releases and blots out of existence the guilt, so that in the
eyes of the law the offender is as innocent as if he had never committed the offense. It removes the penalties and disabilities,
and restores to him all his civil rights. It makes him as it were, a new man, and gives him a new credit and capacity.

Distinguish Violation of Conditional Pardon from Evasion of Service of Sentence by Escaping

Violation of Conditional Pardon does not cause harm or injury to the right of other persons nor does it disturb the public order;
it is merely an infringement of the terms stipulated in the contract between the Chief Executive and the Criminal. Evasion of
the Service of the Sentence is an attempt, at least, to evade the penalty inflicted by the courts upon criminals and thus defeat the
purpose of the law of either reforming or punishing them for having disturbed the public order.

Effect of Appeal from Conviction by the Trial Court

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Where an accused appealed his conviction by the trial court to the Court of Appeals, his application for pardon therefore, if one
is made, should not be acted upon or the process towards its grant should not began unless the appeal is withdrawn. Hence
before an appellant may be validly granted pardon, he must first ask the withdrawal of his appeal.

Effect of the Death of Prisoner under Supervision

If a prisoner granted conditional pardon dies during the period of supervision the Probation and Parole Officer shall
immediately transmit a certified true copy of the prisoner's death certificate, an affidavit narrating the circumstances of the fact
of death from the Barangay Chairman or any authorized officer or any immediate relatives where the prisoner resided shall
suffice.

Pardon by the Offended Party

Pardon by the Offended Party in the prosecution of the crimes of adultery, concubinage, seduction, abduction, and acts of
lasciviousness are provided under Article 344 of the RPC, which provides that:

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, and acts of lasciviousness. The crimes of
adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, or, in
any case, if he shall have consented or pardoned the offenders. The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or
guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be. In
cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall
extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be
applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes.

Pardon in Crimes against Chastity

By express provision of the law in Article 344, par. 2 of the RPC, pardon either express or implied by the offended party to the
offender is a bar to prosecution of adultery or concubinage. Pardon in seduction, adultery and concubinage must come before
the institution of the criminal action and both offenders must be pardoned by the offended party if said pardon to be effective.
So, where the offended husband had pardoned the adulterous act of his wife, such pardon precluded him from prosecuting for
adultery, not only of his wife but also of her paramour.

Effects of Pardon Given by the Offended Party

Pardon given by offended party in crimes against chastity, if given before the institution of criminal action will bar the
offended party from filing case. Provided, that if the offended party pardoned the offender such pardon shall be extended to his
or her paramour if both are still alive.

Distinction of Pardon by the Chief Executive from Pardon by the Offended Party

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Pardon by the Chief Executive can extend to any crime, unless otherwise provided by or subject to conditions in the
Constitution or the laws, whereas pardon by the offended party applies only to crimes against chastity under the RPC. Pardon
by the Chief Executive extinguishes the criminal liability of the offender; such is not the case when the pardon is given by the
offended party. The former cannot affect the civil liability ex delicto of the offender whereas in the latter, the offended party
can waive the civil liability.

Pardon by the Chief Executive is granted only after conviction and may be extended to any of the offender while in cases
where the law allows pardon by the offended party; the pardon should be given before the institution of criminal action and
must be extended to both offenders.

Amnesty

Amnesty is derived from Greek word “amnasthia”, has retain the original concept of oblivion, although it has evolved into
distinct technical concepts in criminal, constitutional law and international law.

Amnesty is a sovereign act of forgiveness for past acts, granted by a government to all persons (or to certain classes of persons)
who have been guilty of crime or delict, generally political offenses- treason, sedition, rebellion- and often conditioned upon
their return to obedience and duty within a prescribed time. Amnesty is an act of the sovereign power granting oblivion or a
general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exercised in
behalf of a certain class of persons, who are subject to trial but have not yet been convicted.

Amnesty is a proclamation of the Chief Executive with the concurrence of congress and it is a public act of which the courts
should take judicial notice. Amnesty looks backward abolishes and puts into oblivion the offense itself, it so overlooks and
obliterates the offenses with which he is charged that the person released by amnesty stands before the law precisely as though
he had committed no offense. Amnesty is a general pardon and submits that what distinguish the forms executive clemency
(pardon and amnesty) are simply the number of recipients of the acts of clemency and the nature of the offense which is their
subject.

Purpose of Amnesty

The purpose of amnesty is to hasten a country's return to political normalcy by putting behind it the animosities of the past
through a pardon that will open the door to living normal lives for groups of people targeted by the amnesty.

Limitations on the Exercise of Granting Amnesty

1. It cannot be granted in cases of impeachment.

2. It cannot be granted in cases of violation of election laws without favorable recommendation of the Commission on
Elections.
3. A grant of amnesty must be with the concurrence of a majority of all the members’ congress.

Distinguished Absolute Pardon from Amnesty

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In amnesty, the effects of a crime are erased or wiped out. Consequently, the convict is deemed innocent as if no crime was
committed at all; in absolute pardon, the convict is excused from serving the sentence but does not erase the effects of
conviction (unless the pardon was granted when the convict had already served the sentence). Amnesty may be granted even if
the offender has not yet been convicted by virtue of a final judgment; it may be given before or after final judgment. On the
other hand, for absolute pardon to be valid there must already be a final and executory sentence. Amnesty is a public act that
requires the concurrence of Congress; while absolute pardon is given to an individual convict. Amnesty is extended only to
offenders of political crimes; while absolute pardon may be granted whether the crime is political or non-political.

Express Amnesty and Implied Amnesty

An express amnesty is one granted in direct terms such as a Presidential proclamation or a law enacted by the legislature
granting amnesty. An implied amnesty, on the other hand, takes place in international law when a treaty of peace is made
between contending parties; in domestic or municipal law, it results from the inhibition of the State from prosecuting or
punishing persons who committed political offenses, or when the law punishing a certain crime is repealed with retroactive
effect resulting in the decriminalization of the act and the release of those charged or convicted for the same.

General Amnesty and Limited Amnesty

A general amnesty is granted to a whole class of persons within the territorial domain or under the effective jurisdiction of the
sovereign issuing the decree, while a selected or limited amnesty covers a segment of a particular class only or the portion of
the sovereign's territorial jurisdiction, or specific acts committed within a limited or specified time frame. A grant of general
amnesty, therefore, usually takes effect within the whole country with respect to all political dissenters who had performed acts
for which the amnesty is granted, subject to the conditions imposed by the grant, if any. The sole criterion is the commission of
the act alone as specified in the decree. A limited amnesty, on the other hand, qualifies the grant with respect to persons/groups
to be favored, places where amnesty is to be effective and/or the time frame to which the decree was limited.

Reprieve

Reprieve is also another prerogative act of grace exercised by the President of the Philippines. Generally, it is applied to death
sentences already affirmed by the Supreme Court. But it can also be invoked in other cases that have become final. Reprieve is
the temporary stay of the execution of a sentence. In death sentences, the date of execution of the death convict is held in
abeyance for a certain period to enable the Chief Executive to temporarily stay the execution of sentence. The President can
only exercise reprieve when the sentence has become final. Generally, reprieve is extended to death penalty prisoners. The date
of execution of sentence is temporarily postponed indefinitely to enable the Chief Executive to thoroughly study the petition of
the condemned a man for commutation of sentence or pardon.

Commutation of Sentence

Commutation of Sentence shall refer to the reduction of the duration of a prison sentence. It is another prerogative of the
President. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term. Death sentence
or life imprisonment is reduced to a shorter sentence. Commutation does not forgive the offender but merely reduces the
penalty of life imprisonment or death sentence for a term of years.
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Commutation of sentence is resorted to because the law prescribes uniform punishment for crimes regardless of how serious or
how light the offense committed is. A good example is qualified theft in which the penalty is the same whether the convict is
only climbing a tree to get a few fruits to eat because he or she is very hungry. Even if a sympathetic judge would so desire to
impose a lighter sentence, he could not do so because of the unyielding dictates of the law. So, commutation of sentence is
some kind of a levelling mechanism to temper or balance this rigidity that results in un-proportionate punishments under the
law. Commutation of sentence also benefits inmates sentenced to a fixed or determinate sentence, which renders him or her
ineligible for parole. Commutation of sentence changes the original fixed sentence to a lesser indeterminate sentence, which
will then enable the beneficiary to be released on parole. Commutation of sentence is also appropriate to use with convicts
sentenced to several counts. The sentence may be commuted to one single indeterminate sentence through commutation and
rendering the recipient to avail of parole after serving the minimum sentence.

Requirements before the Board of Pardon and Parole may recommend to the President the Grant of Executive
Clemency

The Board may nonetheless review and/or recommend to the President the grant of executive clemency to an inmate provided
the inmate meets the following minimum requirements of imprisonment:

1. “For Conditional Pardon, an inmate should have served at-least one-half (½) of the maximum of the original
indeterminate and/or definite prison term”.
a. At least two years of the minimum of his indeterminate sentence if convicted of murder or parricide but not
sentenced to reclusion perpetua.
b. At least one year of the minimum sentence if convicted of homicide.
c. At least nine months if convicted of frustrated homicide.
d. At least six months if convicted of attempted homicide.

2. For Absolute Pardon, ten years must have elapsed from the date of release of the petitioner from confinement or five
years from the date of expiration of his minimum sentence whichever is more beneficial to him”.

3. For Commutation of Sentence, the Prisoner must have served at least one-third of the minimum of his indeterminate
sentence, or the following portions of his prison sentence consisting of Reclusion Perpetua (Life Imprisonment)
a. at least ten years if convicted of Robbery with Homicide, Robbery with Rape or Kidnapping with Murder
b. at least eight years if convicted of Simple Murder, Parricide, Rape or violation of Anti-Drugs Law
c. at least twelve years if given two or more sentences for Reclusion Perpetua
d. at least twenty years in case of one death sentence which was automatically commuted to Reclusion Perpetua
e. at least twenty-five years in case of two sentences for Reclusion Perpetua; Provided, that at least one of the
sentences had been automatically commuted from a death penalty

Note: In acting on petitions for Executive Clemency, the BPP shall consider, among others, the age of the petitioner, the
gravity of the offense and the manner, in which it was committed, and the institutional behavior or conduct and previous
criminal record, if any, of the petitioner.

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Exceptions to the Strict Compliance with the above-mentioned Requirements: Under special cases or circumstances when:

1. the petitioner is seeking reinstatement in the Government service

2. needs to go abroad to undergo medical treatment which is not available in the country
3. will take a Government or Bar examination
4. is immigrating

Category of Prisoners who are not be considered for Commutation of Sentence and Conditional Pardon

1. the prisoner is eligible for Parole

2. the petitioner has been sentenced to another prison term within one year from the date of his last re-commitment to
the jail or prison from where he escaped
3. the petitioner had violated any condition of his discharged on Parole or Conditional Pardon
4. the prisoner is suffering from mental illness or disorder as certified by a government psychiatrist

Procedures in the Grant of Executive Clemency

The Board shall recommend to the President the grant of executive clemency when the following extra-ordinary circumstances
are present, or muto proprio:

1. The trial court or appellate court in its decision recommends the grant of executive clemency for the inmates.
2. Under peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed.
3. Evidence which the court failed to consider, before conviction, which would have justified an acquittal of the accused.
4. Inmates who were seventy (70) years old and above whose continued imprisonment is inimical to their health as
recommended by a physician of the BuCor Hospital and certified under oath by a physician designated by the
Department of Health.
5. Inmates who were fifteen (15) years old but less than eighteen (18) years of age at the time of the commission of the
offense.
6. Inmates who suffer from serious contagious or life-threatening illness/disease or with severe physical disability such
as those who are totally blind, paralyzed, bedridden, etc., as recommended by a physician of the BuCor Hospital and
certified under oath by a physician designated by the Department of Health.
7. Alien inmates where diplomatic considerations and amity among nations necessitate review.
8. Such other similar analogous circumstances whenever the interest of justice will be serve thereby.

In petitions of Executive Clemency cases, the Director of Corrections shall forward the prison record and carpeta of a
prisoner/petitioner to the Board of Pardons and Parole within the following periods:

1. Absolute Pardon- 1 month from receipt by the Director of Correction of the request made by the Board for the prison
record and carpeta.
2. Commutation of Sentence- at least 1 month before the expiration of 1/3 of the minimum period of the prisoner's
indeterminate sentence and in special cases, at least 1 month before the periods the petitioner becomes qualified.

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 3. Conditional Pardon- at least 1 month before the expiration of ½ of the minimum period of the prisoner's indeterminate
sentence and in special cases, at least 1 month before the periods the petitioner becomes qualified.

Carpeta- refers to the institutional record of an inmate which shall consist of his mittimus or commitment order issued by the
court after conviction, the prosecutor's information, and the decision of the trial court and the appellate court, if any; certificate
of non-appeal, certificate of detention and other pertinent documents of the case.

Prison Record- refers to information concerning a prisoner's personal circumstances, the offense he committed, the sentence
imposed, the criminal case numbers in the trial and the appellate courts, the date he commenced confinement, the place of
confinement, the date of expiration of his sentence, the number of previous convictions, if any, and his institutional behavior or
conduct.

The Board shall not favorably recommend petitions for executive clemency of the following prisoners:

1. Those convicted of Evasion of Service of Sentence.

2. Those who violated the conditions of their Conditional Pardon.
3. Those who are habitual delinquents or recidivist.
4. Those convicted of kidnapping for ransom.
5. Those convicted of violation of Ra No. 9165, also known as “The Comprehensive Dangerous Drugs Act of 2006” and
other drug related offenses EXCEPT those convicted only of the use and/or possession of prohibited or regulated
drugs.
6. Those convicted of offenses committed under the influence of drugs.
7. Those releases from prison would pose a threat to the public safety or would constitute a danger to society.
8. Those suffering from dementia or insanity.

Under Section 18 of the Amended Guidelines for Recommending Executive Clemency, at least majority of the sitting members
of the BPP shall be necessary to recommend the grant of Executive Clemency. Said recommendation shall be contained in a
resolution of the Board to be submitted to the office of the President for his basis. After due deliberation, the Board, by the vote
of at least majority of the sitting members, thereby recommends to the President the grant of Executive Clemency in favor of a
convicted prisoner in the form of (state the form of executive clemency being recommended) if commutation of sentence, state
the period, if reprieve, state the date certain.

Supporting Documents to be submitted to the Office of the President

The Board shall submit all relevant documents to the Office of the President along with its resolution recommending the grant
of executive clemency, including the following documents:

a. Summary in matrix forms all relevant information about the prisoner:

1. Name
2. Crime for which he was convicted
3. Penalty imposed
4. Actual time spent in prison (not including GCTA)
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 b. If recommended for Commutation:
1. Recommended commuted term
2. Time to be served without commutation
3. Time to be served with commutation

c. Statement whether:
1. Convicted (prior to or subsequent to conviction of crime for which executive clemency is sought) for kidnapping
for ransom or any drug-related offense
2. Previously granted executive clemency

d. The prisoner's carpeta, prison record, and mittimus or commitment order.

e. Copy of notice of publication of the names of those being considered for executive clemency.
f. Pertinent minutes of the Board meetings.
g. Such other documents and certification (ex. Physicians certification, and recommendation of the DFA pertaining to
foreigners recommended for executive clemency).

Note: The Office of the President shall not act upon any recommendation for executive clemency from the Board unless all
supporting documents enumerated above have been submitted.

A petition for Absolute Pardon shall be accompanied by the following affidavits:

1. Affidavits of at least 2 responsible members of the community where the petitioner resides
2. Clearances from the police, courts and prosecutor's office where petitioner resides

A petition for the grant of either absolute or conditional pardon shall be favorably endorsed to the Board by the Secretary of
National Defense if the crime committed by the petitioner is crimes against National Security; or by the Commission on
Elections, in case of violations of election laws, rules and regulations.

Notice to the Offended Party

In all cases when an inmate is being considered for executive clemency, the Board shall notify the offended party or, in the
event that the offended party is unavailable for comment or otherwise cannot be located, the immediate relatives of the
offended party. Said person shall be given thirty (30) days from notice to comment or whether or not executive clemency may
be granted to an inmate. Provided, that in case of urgency or when the interest of justice will be served thereby, such notice
may be waived or dispensed with by the Board. In such case, the Board shall explain the reason for the waiver of such notice in
the board resolution recommending executive clemency.

A. Guidelines after Grant of Executive Clemency

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Upon receipt from the Office of the President of the documents evidencing the President's grant of executive clemency, the
Board shall cause the immediate implementation of said grant of executive clemency. The Board shall send a copy of said
document to the prisoner, through the Director of the Bureau of Corrections or Warden of the Jail where he is confined.

1. Certificate of Release: In case of grant of Pardon, the Director of BuCor or Warden where the prisoner is confined,
on the date of actual release of the prisoner, sends a certificate of release to the Board and the Parole and Probation
Administration.
2. Monitoring of Compliance with Conditions of Pardon: Where the President grants conditional pardon to a prisoner,
the Board shall monitor the prisoner's compliance with the conditions imposed for the duration of the period stated in
the document evidencing the President's grant of executive clemency. The Board shall also determine whether said
prisoner has complied with or violated the conditions of his pardon. To assist the Board in monitoring compliance
with the conditions imposed upon the prisoner granted conditional pardon, the Board shall place the prisoner under
supervision of the Probation and Parole Officer.
3. Presentation to Probation and Parole Officer: Within the period prescribed in the document evidencing the
President's grant of executive clemency, the prisoner shall present himself to the Probation and Parole Officer (PPO)
concerned. The PPO shall inform the Board if the prisoner fails to report within forty-five (45) days from the date of
his release from confinement.
4. Arrival Report: The PPO shall submit his Arrival Report to the Board, through the technical service of the PPA,
within fifteen (15) working days from the date when the Pardonee reported for supervision.
5. Infraction and Progress Report: If a prisoner granted conditional pardon, violates any of the conditions thereof or
seriously deviates from the obligations imposed under the supervision program or otherwise commits another offense
during the period of supervision, the PPO concerned shall immediately report the same to the Board and shall
periodically submit a Progress Report as regards the case filed against him.
6. Recommendation for Arrest of Prisoner for Violation of Conditions of Pardon : Upon determination that a
prisoner who was previously granted conditional pardon has violated the conditions thereof, the Board shall
recommend his arrest or re-commitment to the President.
7. Death of Prisoner under Supervision : If a prisoner granted conditional pardon dies during the period of supervision
the Probation and Parole Officer shall immediately transmit a certified true copy of the prisoner's death certificate, an
affidavit narrating the circumstances of the fact of death from the Barangay Chairman or any authorized officer or any
immediate relatives where the prisoner resided shall suffice.
8. Summary Report: Upon the expiration of the period stated in the document evidencing the President's grant of
executive clemency, the PPO concerned shall submit to the Board, through the Chief Probation and Parole Officer, a
summary report on his supervision of the prisoner. The clearances from the police, courts, prosecutor's office and
barangay officials shall be attached to the Summary Report.
9. Certificate of Final Release and Discharge (CFRD ): Upon receipt of the Summary Report, the Board shall, upon
the recommendation of Chief Probation and Parole Officer that the prisoner granted conditonal pardon has complied
with all the conditions of his Pardon, issue a Certificate of Final Release and Discharge (CFRD).
10. Transmittal of CFRD: The Board shall forward a certified true copy of the Certificate of Final Release and
Discharge to the prisoner granted conditional pardon, the court which imposed the sentence, the Probation and Parole
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 Officer concerned the Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police, and
the Office of the President.

Executive Clemency of an Alien

An Alien who is released on pardon shall be referred to the Bureau of Immigration for disposition, documentation and
appropriate action.

III. Parole (History of the Parole System)

The origin of Parole can be associated with the work of a number of individuals who headed prisons; they include Zebulon
Brockway in the year 1867, Alexander Maconochie in the year 1840 and Walter Crofton in the year 1854.

Brockway runs the Elmira Reformatory in New York, while Maconochie was the governor of the Norfolk Island Prison, and
Crofton was the governor of the Irish prison. All of the above contributed to the introduction of parole system in the history of
prison.

Conditional release made its first appearance in the ticket-of-leave system used in the Australian Penal Colonies. The system
was greatly improved by Alexander Maconochie- a Scottish naval officer, geographer, penal reformer and considered as the
“Father of Parole” and the governor of Norfolk Island, located off the coast of Australia. He introduced the modern idea of
parole when he was appointed as superintendent of the English penal colonies in Norfolk Island, Australia. He developed a
plan to prepare them for eventual return to society that involved three grades. The first two consisted of promotions earned
through good behavior, labor and study. The third grade in the system involved conditional liberty outside prison while obeying
rules. A violation would return them to prison and start all over again through the ranks of the three-grade process.

Sir Walter Crofton, the governor of the Irish Prison introduced a prison structure whereby prisoners who arrived in jail were
first put under strict imprisonment, then through conditional release and finally freedom, the movement from one stage to
another will depend on the amount of points the prisoners would earn. Crofton provided the prisoners with a chance to work in
the community for a period of time prior to release. According to this concept offenders are allowed to work at jobs in the
community and still receive the benefit of certain programs available at an institution.

Parole in the US were introduced by Zebulon Brockway, as a way to reduce jail overcrowding and at the same time as a way to
rehabilitate prisoners by encouraging them to win their way out of prison through good behavior, involves the supervision of a
criminal after serving part of jail term and the convict is allowed to live in the community under supervision, the parole is
dependent on the decisions made by the board of parole, violation of parole will result into re-imprisonment of the convict.

Definition and Concept of Parole

The word parole originated from the French “parole” meaning “voice” or “spoken word”. The term became associated with the
release of inmates based on prisoner's giving their “word of honor” to abide certain restrictions.

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Parole refers to the conditional release of a prisoner from a correctional institution after he has served the minimum term of
his prison sentence. It is a freedom extended to incarcerated offenders even before the expiration of his sentence if the
offender can show that he has been converted into a respectable, law-abiding citizen.

Parole is a privilege where one is eligible for parole if the prisoner receives a minimum and maximum sentence and after
serving the minimum sentence the Boards of Parole may decide to put him or her under parole after a consideration hearing. It
is a method of selectively releasing an offender from an institution prior to completion of his maximum sentence, subject to
conditions specified by the pardoning authority. A method whereby society can be protected and the offender can be provided
with a continuing treatment and supervision in the community.

Unrepentant offenders, who have not made significant progress in their treatments, can be retained until their correction is
accomplished. A parolee continues to receive treatment even when he is already outside. He remains supervised by a parole
officer from the Probation and Parole Administration who is tasked with monitoring his movements and provides necessary
assistance and support ranging from personal counseling and therapy to help in looking for employment.

Parole is granted by the Boards of Pardons and Parole only when the offender has already served his minimum sentence
under the Indeterminate Sentence Law (ISLAW). It does not pardon the offender since he technically remains in legal
custody and the clemency only serves to suspend the execution of the penalty and temporarily release the convict from
imprisonment on conditions which he is at liberty to reject. Once the conditions have been accepted, any violation thereof will
result in the subsequent arrest and re-incarceration of the offender and he will serve the un-served portion of his original
sentence.

Advantages of Parole

There are few distinct advantages to both the prisoner and the community when parole is given or granted.

1. Behavioral Aspect- persons who undergo the parole process are less likely to re-offend and return to criminal
behavior. Parole programs are designed to help offenders reintroduce themselves to society. Once an offender has
learned to behave in a way that is acceptable to society he is able to continue and survive. Successful parole programs
decrease the recurrence of criminal behavior, which is beneficial to both the parolee and to society as a whole.
2. Economic Aspect- paroling a prisoner puts the person back on the society, making her/him able to earn a living to
sustain himself. The parolee is no longer a ward of the state and dependent upon the government's money. This is an
economic advantage to the national government. The taxpayer's money can then be routed to another area needed.
3. Incentive Aspect- giving prisoners a chance at parole is an incentive for them. Striving to reach parole means they are
better, better-behaved prisoners who are reaching for a goal. They are following the rules of the prison and
participating in prison programs to change their behavior and outlooks on life in general. Prisoners with a chance for
parole are able to see an end to their sentence. This is a powerful incentive to stay out of trouble and complete various
training and educational programs. This is an advantage to both the society and the prisoner.

Board of Pardons and Parole (BPP)

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The Board of Pardons and Parole (BPP), created by virtue of Act 4103, otherwise known as the Indeterminate Sentence
Law (ISLAW), is an agency under the Department of Justice (DOJ) tasked to uplift and redeem valuable human resources to
economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty by way of parole or through
executive clemency.

Composition:

The BPP is composed of six (6) members with the Secretary of Justice as the Chairman to be appointed by the President
with the consent of the Commission on Appointments for a term of six (6) years. The Board members should include a (1)
sociologist, (2) clergymen or educator (3) psychiatrist (4) two members who are member of the Philippine Bar, (5) other
members shall be persons qualified for such work by training and experience and at least one member should be a woman.

Compensation:

The law provides that each member of the Board, including the Chairman, shall be entitled to receive as per diem two hundred
pesos (P200.00), while the Executive Director who shall act as Executive Secretary shall receive one hundred fifty pesos
(150.00) per diem, for each meeting actually attended and reimbursement for actual and necessary traveling expenses incurred
in the performance of duties. Board meeting will be not more than three (3) times a week.

Powers and Functions of the Board

1. Authorized to adopt rules and regulations necessary to carry out its functions.
2. Empowered to call upon any bureau, office, branch, sub-division, agency, or Government instrumentality for assistance
in the performance of its functions.
3. Decisions will be arrived at by MAJORITY VOTE. A quorum will be constituted by a MAJORITY of all its members.
4. Dissent from the majority opinion will be reduced to writing and filed with the records of the proceedings.

Duties and Responsibilities of the Board

1. Look into the physical, mental and moral records of prisoners who are eligible to parole and to determine the proper
time of release of such prisoners.
2. Authorize the release of such prisoner on parole, upon such terms and conditions as therein prescribed and as may be
prescribed by the Board.
3. Examine the records and statuses of prisoners who shall have been convicted of any offense other than those named in
Section 2 of RA 4103, and have sentenced for more than one year by final judgment prior to the effectivity of RA 4103.
4. Make recommendations in all such cases to the President with regard to the parole of such prisoners as they shall be
deemed qualified for parole as therein provided, after they shall have served a period of imprisonment not less than the
minimum period for which they might have been sentenced under RA 4103 for the same offense.

The Eligibility for Review of a Parole Case

1. The inmate is serving an indeterminate sentence the maximum period of which exceeds one (1) year.
2. He has served the minimum period of indeterminate sentence.
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 3. His conviction is final and executory.
4. In case he has one or more co-accused who had been convicted, the director/warden concerned shall forward their
prison records and capetas/jackets at the same time.
5. He has no pending criminal case.
6. He is serving sentence in national penitentiary, unless the confinement of said inmate in a municipal, city, district or
provincial jail is justified.

Factors to be considered in Reviewing Parole Cases

1. The degree of prisoner's rehabilitation and his institutional behavior or conduct.

2. Previous criminal record, if any and the risk to other persons, including the victim and witnesses and their family and
friends, or the community in general, or the possibility of the retaliation by the victim, his family and friends.
3. The gravity of the offense and the manner in which it was committed, and prisoner's attitude towards the offense and his
degree of remorse.
4. Evidence that the prisoner will be legitimately employed upon release, or has place where he will reside.
5. The age of the prisoner and the availability of after-care service for the prisoner who is old, seriously ill or suffering
from physical disability.

Who are disqualified for Parole?

1. Those convicted of offenses punished with death penalty and life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition or coup d' etat.
4. Those convicted of piracy.
5. Those who are habitual delinquents, those who, within a period of ten (10) years from the date of release from prison or
last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, and falsification, are found
guilty of any of said crimes a third time or oftener.
6. Those who escaped from confinement or evaded sentence.
7. Those who having been granted conditional pardon by the President of the Philippines shall have violated any of the
terms thereof.
8. Those whose maximum term of imprisonment does not exceed one (1) year.
9. Those convicted of offense punished when reclusion perpetua, or whose sentences were reduced to reclusion perpetua by
reason of RA Act No. 9346 amending RA Act No. 7659.
10. Those convicted for violation of the laws on terrorism, plunder and transnational crimes.

A. Procedure and Guidelines in the Grant of Parole

A Parole case may be reviewed by the Board upon petition or referral by the correctional and/or other agencies if inmate is not
otherwise disqualified under the law.

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 1. Transmittal of Carpeta and Prison Record : The Director and Warden concerned shall send a prisoner's prison record
and carpeta to the Board at least one (1) month prior to the date when his case shall eligible for review.
2. Publication of Names of Prisoners Being Considered for Parole : The Board shall cause the publication in the
newspaper of general circulation the names of prisoners convicted of heinous crimes or those sentenced to reclusion
perpetua or life imprisonment and whose sentence has been commuted to an indeterminate prison term and may be
considered for release on parole.
3. Notice to the Offended Party : In addition to the publication in a newspaper of general circulation, the offended party,
or his immediate relatives in the event that the offended party is unable or otherwise not available, shall be notified
personally or by registered mail and shall be given a period of thirty (30) days from notice within which to communicate
their comment to the Board regarding the contemplated grant of parole to the prisoner.
4. Deferment of Parole When Safety Compromised: If based on the report on pre-parole investigation conducted on the
prisoner, there is clear and convincing evidence that his release on parole will endanger his own life or those of his
relatives, or the life, safety and well-being of the victim, his relatives, his witness, and the community, the release of the
prisoner shall be deferred until the danger ceases.
5. Grant of Parole: The Board may grant a prisoner parole based on reports regarding the prisoner's work and conduct and
on the study and investigation by the Board itself and it finds the following circumstances are present:
a. That the prisoner is fitted by his training for release.
b. That there is a reasonable probability that, if, released, he will live and remain at liberty without violating the
law.
c. That the release will not be incompatible with the welfare of society.
6. Board Action: A majority of the members of the Board, constituting a quorum, shall be necessary to support a decision
of the Board or to carry out any action. However, in order to grant parole, modify any of the terms and conditions
appearing in a Release Document, to order the arrest and re-commitment of a parolee, and to issue Certificate of Final
Release and Discharge (CFRD) to parolee, the decision or action must be supported by at least four (4) votes of the
members of the Board.

The minutes of the meeting of the Board shall show the votes of its individual members and the reason or reasons for voting for
or against any matter presented for the approval of the Board. Any dissent from the decision to grant or deny parole shall be
reduced in writing and shall form part of the records of the proceedings.

B. Rules and Guidelines after the Grant of Parole

1. Release; Form of Release Document: A prisoner shall be released upon the grant of parole. Such grant shall be evidenced
by the Release Document, which shall be in the form prescribed by the Board and shall contain the latest 1x1 photograph
and right thumb print of the prisoner.
2. Transmittal of Release Document: The Board shall send a copy of the Release Document to the prisoner through, the
Director of BuCor or Warden where the prisoner is confined. On the date actual release of the prisoner, the Director or
Warden concerned shall send a certification of said release to the Probation and Parole Administration specified in the
Release Document.

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3. Parole Supervision: After release from confinement, the parolee shall be placed under the supervision of the Probation
and Parole Officer (PPO) specified in the Release Document (RD) so that the former may be guided and assisted towards
rehabilitation. The period of Parole Supervision shall extend up to the expiration of the maximum sentence which should
appear in the Release Document.
4. Presentation to Probation and Parole Administration : Within the period prescribed in his Release Document, the
Parolee shall present himself to the Probation and Parole Officer specified in the Release Document for Supervision. If the
Parolee fails to report within forty-five (45) days from the date of his release from confinement, the PPO concerned shall
inform the Board of such failure for the Board's appropriate action.
5. Arrival Report: Arrival report should be submitted within fifteen (15) working days from the date when the parolee
reported for supervision to the Board by the Probation and Parole Officer through the technical service of the PPA of such
fact.
6. Mandatory Conditions of Supervision: Review and Modification : It shall be mandatory for a parolee to comply with
the terms and conditions appearing in the Release Document (RD). However, such conditions may be subject for review
and modification if circumstances so warrants after taking into account the best interest of the parolee. The Board may
motu proprio or upon recommendation of the PPA revise or modify the term/s and condition/s appearing in the Release
Document (RD).
7. Transfer of Residence and Outside Travel: A parolee may not transfer from the place of residence designated in his
release document without the written approval of the Regional Director subject to the confirmation of the Board. If the
parolee wishes to travel outside his area of operational jurisdiction, the Chief Probation and Parole Officer may authorize
him/her for a period of not more than thirty (30) days. A travel for more than 30 days shall be approved by the Regional
Director.
8. Travel Abroad and/or Work Abroad: Any Parolee under active supervision/surveillance who has no pending criminal
case in any court may apply for overseas work or travel abroad. However, such application for travel abroad shall be
approved by the Parole and Probation Administration and confirmed by the Board.
9. Death of Prisoner under Supervision: If a prisoner granted Parole dies during the period of supervision, the Probation
and Parole Officer shall immediately transmit a certified true copy of the prisoner's death certificate to the Board
recommending the closing of the case. However, in the absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the Barangay Chairman or any authorized officer or any immediate relatives where
the prisoner resided shall suffice.
10. Infraction/Violation of the Terms and Conditions of the Release Document : The Probation and Parole Officer
concerned shall submit the following reports to the Board:
a. Progress Report: when a parolee commits another offense during the period of his parole supervision and the case
filed against him has not yet been decided by the court or on the conduct of the parolee while under supervision.
b. Infraction Report: when the parolee has been subsequently convicted of another crime.
c. Violation Report: when a parolee commits any violation of the terms and conditions appearing in his Release
Document or any serious deviation or non-observance of the obligations set forth in the Parole supervision program.

Note: Upon receipt of an Infraction report, the Board may order the arrest or re-commitment of the parolee.

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Effect of Re-commitment of Parolee

The parolee who is re-committed to prison by the Board shall made to serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.

Withdrawal of Release Document

The Board may withdraw the Release Document if it finds that material information given by the parolee to the Board, either
before or after release, was false or incomplete or that the parolee had willfully or maliciously concealed material information
from the Board.

Termination of Parole Supervision

After the expiration of the maximum sentence of a parolee, the PPO concerned shall submit to the Board, through the CPPO, a
Summary Report on his supervision.

Certificate of Final Release and Discharge (CFRD) and its Effects

Upon receipt of the Summary Report, the Board shall, upon recommendation of the CPPO that the parolee has substantially
complied with the conditions of his Release Document, issue to the parolee a Certificate of Final Release and Discharge. Upon
issuance of a certificate of final release and discharge, the parolee shall be finally released and discharged from the conditions
appearing in his release document. However, the accessory penalties of the law which have been expressly remitted therein
shall subsist.

Transmittal of CFRD

The Board shall forward a certified true copy of the Certificate of Final Release and Discharge to the parolee, the court which
imposed the sentence, the Probation and Parole Officer concerned, the Bureau of Corrections, the National Bureau of
Investigation, the Philippine National Police, and the Office of the President.

C. The Indeterminate Sentence Law (Act No. 4103) Dec. 5, 1933

Indeterminate sentence is a sentence with a minimum term and maximum term, which the court is mandated to impose for the
benefit of a guilty person who is not disqualified. It applies to both violations of the RPC and SPL.

The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of
personal liberty and economic usefulness. As a rule, it is intended to favor the accused particularly to shorten his term of
imprisonment, depending upon his behavior and his physical, mental and moral records as a prisoner to be determined by the
Parole Board.

Distinction between an Indeterminate Sentence and Determinate Sentence

An Indeterminate Sentence is a sentence imposed for a crime that is not given a definite duration. The prison term does not
state a specific period of time or release date, but just a range of time. On the other hand, a Determinate Sentence is a sentence

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of confinement for a specific or minimum period specified by statute. The period fixed by the Statute is not negotiable. A
convicted person could serve more than the determinate sentence but not less. Actual limits of indeterminate sentence are
determined at the time the sentence is imposed.

Objectives of the Indeterminate Sentence Law

1. To avoid prolonged imprisonment of convict resulting in economic wastefulness.

2. To decongest the jails by having the convicts serve their sentence outside prison.
3. To save the government of the expenses necessary to maintain these prisoners in confinement.
4. To promote reformation of the prisoner by having him under the supervision of parole officer.

Instances where Indeterminate Sentence Law is may not Apply

It is a basic law that the application of the Indeterminate Sentence Law is mandatory EXCEPT only in the following cases:

1. Those convicted of offenses punished with death penalty and life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition or coup d' etat.
4. Those convicted of piracy.
5. Those who are habitual delinquents, those who, within a period of ten (10) years from the date of release from prison or
last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, and falsification, are found
guilty of any of said crimes a third time or oftener.
6. Those who escaped from confinement or evaded sentence.
7. Those who having been granted conditional pardon by the President of the Philippines shall have violated any of the
terms thereof.
8. Those whose maximum term of imprisonment does not exceed one (1) year.
9. Those already serving final judgment upon the approval of the Indeterminate Sentence Law.
10. Those are sentence to destierro or suspension.

Factors to be considered in Granting Parole to an Offender with an Indeterminate Sentence

1. The original recommendation of the sentencing judge or prosecutor.

2. The length of time an offender has served on the conviction to date.
3. Any mitigating or aggravating circumstances relative to the crime of conviction.
4. The offender's entire criminal history.
5. Participation in or refusal to participate in available programs or resources designed to assistant offender in reducing
the risk of re-offense.
6. All available information from the victim or the victim's family, to include comment on the impact of the crime, concerns
about the offender's potential release and request for conditions if the offender is released.
7. The risk of public safety.
8. Serious and repetitive disciplinary infractions during incarceration.

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 9. Evidence of an inmate's continuing intent or propensity to engage in illegal activity, victim harassment, criminal conduct
while incarcerated, use of illegal substances.
10. Statements of declarations by the offender that he/she intends to re-offend or does not intend to comply with conditions
of parole.
11. Evidence that an inmate presents a substantial danger to the community if released.

=============================================================================

III. Probation (Historical Context of Probation)

Probation was developed out of practices used under English Common Law. One such practice, known as “benefit of clergy”,
seems to be the earliest device for softening brutal severity of punishment. It allowed certain accused individuals to appeal to
the court for leniency in sentencing by reading a certain verse from the Bible.

Another practice was Judicial Reprieve, whereby a convicted offender could ask the judge to suspend the sentence on the
condition that the offender displays future good behavior. It is temporary withholding of the sentence, practiced by the English
Court in early 17th century, where they grant reprieves to prisoners under sentence of death on the condition that they accept
deportation or transportation.

Other Terms Associated to Probation (Shock Probation or Shock Incarceration)

In a strict sense, it is not part of probation system, as it does not involve incarceration. In shock probation, it allows the
sentencing judge to impose the legal sentence and order the incarceration of the offender, only to recall the legal sentence and
order incarceration of the offender, only to recall him after a brief, legislatively defined period of imprisonment. The system
derived its name from the shock effects of short-term incarceration, believed to be sufficient to convince certain individuals
who have never before been imprisoned that further criminal behavior is too risky and likely to be meted with severe
punishment. The offender presumably does not know that his term will be shortened, and part of the shock is that he anticipates
a long period in prison until the sudden release.

Split Sentencing

Here the offender is actually sentenced to a term in prison, but is notified in advance that after a given brief period of
satisfactory behavior, he can serve the remainder of his sentence on probation.

Prominent Personalities in the History of Probation

Two names are closely associated with the founding of probation: 1. Matthew Davenport Hill, an 18th century English
Barrister and a Judge; and 2. John Augustus, a 19th century Boston boot-maker.

As a young professional in England, Hill had witnessed the sentencing of youthful offenders to one-day terms, on the condition
that they are returned to parent or guardian who would closely supervise them. When he eventually became the recorder
(stenographer) of Birmingham, a judicial post, he used similar practice for individuals who did not seem hopelessly corrupt. If
offenders demonstrated a promise for rehabilitation, they will place in the hands of generous guardians who willingly took

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charge of them. Hill had police officers pay periodic visits to these guardians in an effort to track the offender's progress and
keep a running account.

The more immediate origins of modern probation lie in the efforts of John Augustus (1785-1859), a Boston shoemaker, who
was considered as the “Father of Probation” and recognized as the first true probation officer. Starting in the early 1840's
Augustus volunteered to stand bail and assume custody for selected, less serious offenders in exchange for the judge's differing
the sentence. Augustus was responsible for monitoring offender's activities and latter reporting to the judge on their
performance in the community. If the judge was satisfied with the community performance, charges were dropped; if not,
sentencing proceeded. Augustus received no pay for his 18 years of court work. He used his own money and voluntary
contributions from others to finance his effort.

In 1870, Father Cook, another Bostonian, continued the work of Augustus by identifying youthful offenders being tried in the
courts and whose cases were committed by force of circumstance and not due to the criminal nature of the accused. After
finding that the offender is not a hardcore felon and can still be reformed, Father Cook presented himself before the court as
adviser to the offender. Realizing the value of what he is doing, the court usually consented to placing convicted youths under
his charge to be reformed.

Influenced by the efforts of Augustus, the United States, probation came to be regulated by a statute for the first time in 1878
when Massachusetts passed a law providing for the appointment of a paid probation officer for the courts of criminal
jurisdiction in the city of Boston. The First Probation Law was passed by the legislature of Massachusetts and signed into law
by Governor Alexander Rice on April 26, 1878. By statute of 1880 the right to appoint probation officers was extended to all
cities and towns in Massachusetts. In 1887, the city of Boston appointed the first government probation officer in the name of
Edward H. Savage, the former chief of police of Boston City.

Vermont Act of 1898 was the second state-enacted probation law. Unlike in Massachusetts, here, the offender or probationer
was the one who pays the trial cost. At first, all state probation officers were on part time, but after 1936, full-time officers
were assigned in districts to have charge of parole as well as probation.

The first federal probation bill was introduced by the lower and upper chamber of US. Congress sponsored by Representative
Mc. Call of Massachusetts and Senator Robert T. Owen of Oklahoma, respectively. However, these two legislative proposals
were both failed. The second Federal Probation Bill was introduced by Senator Royal S. Copeland of New York on Dec. 12,
1923 sponsored by Representative George S. Graham which was latter on approved by the two separate chambers. On March 4,
1925, President Calvin Coolidge signed the Federal Probation Act of 1925 into law.

Historical Background of Probation in the Philippines

Since World War II, English and American patterns of probation have influenced penal policy and legislation in civil law
countries, including the Philippines. The enactment of the juvenile probation law under the 1932 Revised Penal Code started
the Probation System in the Country. Inspired by the movement that swept the western penal systems during the first half of
this century, the Philippine legislature under the American sovereignty enacted Commonwealth Act No. 4221, popularly
known as Philippine Probation Act, which was approved on August 7, 1935.

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To carry out its provisions, the Act created a Probation Office in the Department of Justice. The Office was headed by a Chief
Probation Officer who was appointed by the Governor-General with the consent of the Senate. The Secretary of Justice was
authorized to appoint probation officers and administrative personnel, who were to be subject to the direction of the Probation
Office.

This Probation Act was short-lived. A little more than two years from its approval, the Supreme Court, on Nov. 16, 1937, in the
case of “People vs. Vera 37 OG 164.” struck down the Act as unconstitutional on the following grounds:

a. it encroaches upon the pardoning power of the President/Executive Clemency

b. it made an undue delegation of legislative power to the provincial boards
c. it contravened the equal protection clause of the law

Thus the People vs. Vera case sealed the fate of fledging Act 4221. It doomed the Act to be the first and last probation law in
the Philippines not until Teodulo C. Natividad, considered as the “Father of Probation in the Philippines” initiated the
drafting of Probation System.

In 1975, the National Police Commission Inter-Disciplinarian drafted a Probation Law. After 18 technical hearings over a
period of 6 months, the draft decree was presented to a selected group of jurist, penologist, civic leaders and social and
behavioral scientist and practitioners. The group overwhelmingly endorsed the establishment of an Adult Probation System in
the Country. Finally, on July 24, 1976, PD No. 968, also known as Adult Probation Law of 1976, was signed into law by
President Ferdinand E. Marcos. The Probation System started to operate on January 3, 1978.

Amendatory Laws of PD No. 968 (Probation Law)

1. PD No. 1257- amended Sec. 4 of PD 968, which provides for the period during which an application for probation may
be granted, and that is after the trial court shall have convicted and sentenced a defendant but before he begins to serve
his sentence.
2. PD No. 1990- Sec. 4 of PD 968 was once again amended which provides and establishes a much narrower period
during which an application for probation may be filed with the trial court “after the trial court shall have convicted and
sentenced a defendant and within the period for perfecting an appeal.

On Nov. 1989, the New Administrative Code transferred the functions of supervising Parole and Pardoned offenders from
trial courts to the Probation Administration. The code also changed the name of the agency to Parole and Probation
Administration (PPA) in order to reflect the changed made by the said law.

3. Sec. 42 of RA 9344- further modified Sec 4 of PD 968 by providing that: “Sec 42- Probation as an Alternative to
Imprisonment. The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in leiu of service of his/her sentence taking into account the best
interest of the child.

Parole and Probation Administration

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PPA is an agency created by virtue of PD 968 otherwise known as The Probation Law of 1976 and attached to the Department
of Justice responsible for providing a less costly alternative to imprisonment of offenders who are likely to respond to
individualized community-based treatment programs. With the enactment of E0 292, otherwise known as the Administrative
Code of 1987, Probation Administration was renamed to “Probation and Parole Administration. PPA administers the parole and
probation system under PD 968, as amended, and exercises general supervision over all offenders who were released through
probation, parole and pardon. They further promote the correction and rehabilitation of these offenders.

PPA Composition

PPA is headed by a Probation Administrator. As the agency's executive officer, he exercises overall supervision and control
over the operations of the PPA, including those in the field. The Administrator is assisted by an Assistant Probation
Administrator. These two highest-ranking officials of the agency are both appointed by the President.

Seven (7) Divisions of the PPA

1. Financial and Management Divisions

2. Administrative Divisions
3. Legal and Inspection Divisions
4. Case Management and Records Divisions
5. Training Divisions
6. Community Service Divisions
7. Clinical Services Divisions

Number of Offices of the PPA across the Country

1. 15 Regional Offices
2. 202 Provincial/City Offices
3. 13 Sub-provincial/City Offices
4. 73 Extension Offices

PPA Organizational Goals

1. Promote the reformation of criminal offenders and reduce the incidence of recidivism.
2. Provide a cheaper alternative to the institutional confinement of first-time offender/s who is/are likely to respond to
individualized community-based treatment programs.

PPA Powers and Functions

To carry out these goals, the Agency, through its network of regional and field parole and probation offices, performs the
following functions:

1. To administer the parole and probation system.

2. To exercise supervision over parolees, pardonees and probationers.

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 3. To promote the correction and rehabilitation of criminal offenders.

Administration of the Parole and Probation System: The programs and activities of the Probation and Parole Administration
fall under either Investigation or Supervision:

1. Investigation Mandate

a. Conduct character investigation of petitioners/applicants for probation referred for evaluation by the courts.
b. Conduct studies on the petitioner's antecedents, mental and physical conditions, character, socioeconomic status,
criminal records, family and educational background, and other aspects of his life.
c. Submit to the court a post-sentence investigation report, which will be the basis for granting or denying
probation.
d. Conduct pre-parole and executive clemency investigation and submission of recommendations to the Board of
Pardons and Parole.

2. Supervision Mandate

a. Provide guidelines, rules and regulations for the implementation of the Probation Law, and on the proper
compliance/observance by clients of their conditions for parole, probation and pardon.
b. Monitor compliance by client with said conditions and report the same to proper authorities.
c. Undertake reformation programs for probationers, parolees and pardonees through community-based
rehabilitation/treatment activities like job-placement referrals, vocational skills training. Literacy programs,
livelihood projects and other moral, spiritual, social and economic activities to uplift their lives.

A. Concepts and Definitions of Probation

Probation as a term and as a procedure is derived from the “latin” word “Probare” meaning “to prove”. Therefore, as the term
Latin Etymology states, probation involves the testing of an offender as he proves that he is worthy of his freedom.

As practiced in the Philippines, Probation implies a contract between the court and the offender in which the former promises
to hold a prison term in abeyance while the latter promises to adhere to a set of rules or conditions required by the court. If the
rules are violated, especially if the probationer commits another criminal offense, probation may be revoked; this means that
the contract is terminated and the original sentence will be enforced. Probation may be revoked simply because the rules and
conditions of probation have not been met, even if the offender has not committed another crime.

Probation is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by
the court and to the supervision of a probation officer. It is actually a suspension of sentence during the period the defendant is
placed on probation upon application to the court. It is a mere privilege and its grant rest solely upon the discretion of the court.
Probation is not a right of the accused, but rather an act of grace and clemency or immunity conferred by the state which may
be granted by the court to a seemingly deserving defendant who thereby escapes the extreme rigors of the penalty imposed by

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law for the offense of which he stands convicted. Probation affects only the criminal aspects of the case but it is not a penal
statute.

Privilege is a peculiar benefit or immunity conferred by law on a person or group of persons, not enjoyed by others or by all;
special employment of a good or exemption from evil; rest solely upon the discretion of the court. This discretion is exercised
primarily for the benefit of an organized society and only incidentally for the benefit of the accused.

Purposes and Objectives of the Probation Law

1. To promote the correction and rehabilitation of an offender by providing him with individualized treatment.
2. To provide an opportunity for the reformation of a penitent offender this might be less probable if he were to serve a
prison sentence.
3. To prevent the commission of offenses.
4. To decongest our jails or prisons.
5. To save the government much needed finance for maintaining.

Advantages of Probation

1. Prevents crimes by offering freedom and aimed only to those offenders who are not likely to assault society again.
2. Protects society by placing under close supervision non-dangerous offenders while undergoing treatment and
rehabilitation in the community.
3. Conforms to modern humanistic trends in penology.
4. Prevent youthful or first time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expense in maintaining jails.
6. Reduces recidivism and overcrowding jails and prisons.
7. Reduces the burden on the police force and institutions of feeding and guarding detainees.
8. Gives the first and light offenders a second change in life and provides for the reformation of penitent offenders.
9. Makes the offenders productive or taxpayers instead of tax eaters.
10. Restores to successful probationers their civil rights lost in view of the offense.
11. Has been proven effective in developing countries that have adopted it.
12. Is advocated by the United Nations (UN) in its various congresses in crime prevention and treatment of the offenders.

Benefits of Probation

1. Probation Protects Society

a. from excessive cost of detention
b. from the high rate of recidivism of detained offenders
2. Probation Protects the Victim
a. it provides restitution
b. it preserves justice
3. The Probation Assist the Government

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 a. reduces the population of prisons and jails
b. it lessens the clogging of court's cases
c. it lightens the load of prosecutors
4. Probation Protects the Family
a. it does not deprive the wife and children of a husband and a father
b. it maintains the unity of the home
5. Probation Justifies the Philosophy of Men
a. that life is sacred
b. that all men deserve a second chance
c. that an individual can change
d. that society has a moral obligation to lift the fallen
6. Probation Helps the Offender

The Four (4) Essential Elements of Probation: As provided for by the Probation Act of 1976, there are four (4) essential
elements of the Adult Probation System, to wit:

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

Disqualification for Probation

1. Those who are sentenced to serve a maximum term of imprisonment of more than 6 years.
2. Those who are convicted of any crime against national security.
3. Those who have previously been convicted by final judgment of an offense punished by imprisonment of more than 6
months and one day and or fine of more than P1,000.00.
4. Those who have been once on probation under the provisions of this Decree.
5. Those who are already serving sentence at the time the substantive provisions of this Decree became applicable.

B. Parole and Probation Administration Omnibus Rules on Probation Methods and Guidelines

1. Application for Probation: Application for Probation shall be filed with the Trial Court, which has jurisdiction over the
case. The applicant shall file his application with the Trial Court at any time after conviction and sentence but within the
period for perfecting his appeal as provided by the Rules.
2. Effect of Filing: The trial upon receipt of the application filed, suspend the execution of the sentence imposed on the
judgment. It will act as a waiver of the right to appeal of the defendant. Pending submission of the PSIR and the resolution
on the application, the applicant may be allowed on temporary liberty under his bail filed in the criminal case: provided,
that, in case where no bail was filed or the applicant is incapable of filing one, the trial court may allow the release of the

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 applicant on recognizance to the custody of a responsible member of the community who shall guarantee his appearance
whenever required by the trial court.

The grant of bail or recognizance by the trial court to the petitioner for probation while waiting for the resolution of his
application for probation is an exception to the rule that, no bail is granted after final judgment.

3. Notice to the Prosecuting Officer of the Filing of the Applicant and its Comments: The Trial Court may notify the
concerned prosecuting officer of the filing of the applicant at a reasonable time it deems necessary, before the scheduled
hearing thereof. The prosecution officer may submit his comment/s, if any, on the application within a reasonable time
given to him by the Trial Court from his receipt of the notice to comment.

Amicus Curiae is/are parties that is not involved in litigation but gives expert testimony when the court asks. They can support
public interest not being addressed in the trial. Upon written approval by the Trial Court the Administrator and Deputy
Administrator, for the Agency Level, Regional Director, for the Regional Level, Chief Probation and Parole Officer, for the
City or Provincial Level may appear as amicus curiae on any probation investigation and supervision issue, concern matter.

4. Referral to Proper Probation Office: If the Trial Court finds that the application is in due form and the applicant appears
to be qualified for the grant of probation, it shall order the city or provincial Parole and Probation Office within its
jurisdiction to conduct a Post-Sentence Investigation (PSI) on the applicant and submit the Post-Sentence Investigation
Report (PSIR), within 60 days from receipt of the order of said court to conduct such investigation with findings and
recommendations.

After receipt from the Trial Court, the City or Provincial Parole and Probation Office concerned, through the CPPO shall assign
the same to the office clerk for docketing and eventual assignment to a subordinate investigating Probation Officer for the
conduct of the PSI or conduct such investigation himself.

5. Initial Interview Work Sheet: Waiver : Within 5 working days from receipt of said delegated assignment, the
investigating Probation Officer on case shall initially interview the applicant if he appeared in the Probation Office upon
response to the 72 hours limitation given to him by the Trial Court. If not, the Probation Officer on case may write the
applicant in his court given address or personally visit applicant's place to schedule an initial interview at the Probation
Office. During such initial interview, the Probation Officer on case or CPPO shall require the applicant to accomplish and
sign a Post-Sentence Investigation. The investigating Probation Officer on case or CPPO shall conduct further
investigation based on the information contained therein. A Waiver-Cum-Authorization, authorizing the PPA and/or
Probation Office to secure any and all information on the applicant, shall be duly executed and signed by him.
6. Post-Sentence Investigation Report (PSIR): The written account of the PPO after conducting a post-sentence
investigation and interviews containing the circumstances surrounding the offense for which the petitioner was convicted.
The findings should be drawn from the court records; police records; statement of the defendants, the aggrieved party and
other persons who may know the petitioner; and all other matters relevant to the petition. It will also include the
psychological and social information regarding the probationer; evaluation of the petitioner; suitability for probation; his
potential for rehabilitation; and may include the program for supervision and suggested terms and conditions of probation
and the recommendation either to deny or grant the probation.

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As a rule, the scope of the investigation should be co-extensive with the very purpose of probation itself, that, no person shall
be put on probation except upon prior investigation by the probation officer and a determination whether or not the ends of
justice and the best interest of the public as well as that of the defendant will be served by the grant of probation. As such the
inquiry should be thorough investigation into the character, antecedences, environment, mental and physical condition of the
petitioner, the manner by which the petitioner's probation will be handled and the possible social adjustment of the petitioner.

Collateral Information: During the conduct of the PSI, collateral information must be gathered from those persons who have
direct personal knowledge to the applicant, offended party, family member, and/or their relatives, including barangay officials
or disinterested person.

Confidentiality of Post-Sentence Investigation Information

The investigating Probation and Parole Officer on case or CPPO shall inform the applicant of the confidential nature of the
information taken during the PSI and the limited scope and extent, whereby said information, may be disclosed to some
statutorily designated authorities and entities pursuant to PD 968.

Nature of Recommendation of the Investigating Probation Officer on Case

The entire PSIR submitted to the Trial Court is recommendatory in nature and persuasive in character addressed to the sound
discretion of the Trial Court considering that the denial or grant of probation is a judicial function.

Full Blown Courtesy Investigation

FBCI is a General Courtesy Investigation from another city or provincial probation office, which request for complete PSIR on
a petition for probation pending referral for investigation in the Probation Office of Origin. It shall take place when upon initial
investigation it is gathered that:

1. Applicant for probation is a transient offender in the place of commission of the crime and/or a permanent resident of
another place.
2. He spent his pre-adolescent and/or adolescent life in the province or city of origin.
3. He attended and/or finished his education thereat.
4. His immediate family members, collateral informants or disinterested persons and officials who can be best authenticate
the inter-family relationship, upbringing, behavior of the applicant for probation in the community are residents of the
place of origin.

Transfer of Conduct of Referral Investigation

When proper and warranted under the circumstances, a FBCI may be brought to the attention of the trial court to transfer the
conduct of the referral investigation to the Probation Office of the province or city of origin of applicant for probation.

Transfer to the Executive Judge

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In case of the suitability for probation of the applicant, it shall be recommended in the PSIR for the Probation Office, that
simultaneous with the grant of probation, the control over the applicant and his probation rehabilitation program be transferred
to the Honorable Executive Judge of the RTC of the Province or City of origin subject to the actual visitation and supervision
of the Probation Office of said province or city.

Grant of Probation

The trial court may, after it shall have convicted and sentenced a defendant for a probationable penalty and upon application by
said defendant within the period of perfecting an appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deemed best. No application for probation shall be
entertained or granted if the defendant has perfected the appeal from the judgment of conviction. Provided, that when a
judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such judgment is modified through
the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision
before such decision becomes final.

The application for probation based on the modified decision shall be filed in the trial court where judgment of conviction
imposing a non-probationable penalty was rendered, or in trial court where such case has since been re-raffled. In a case
involving several defendants where some have taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of the judgment of conviction.

The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in the judgment. This
notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified decision which already
imposes a probationable penalty. Probation may be granted whether the sentence imposes a term of imprisonment or a fine
only. The filing of the application shall be deemed a waiver of the right to appeal. The order granting or denying probation
shall not be appealable. (Sec. 1 of RA 10707)

Except where death penalty is imposed, a judgment of conviction in criminal cases becomes final when:

a. no appeal is seasonably perfected

b. the accused commences to serve the sentence
c. the right to appeal is expressly waived in writing
d. the accused applies for probation, thereby waiving his right to appeal

Criteria for Placing the Offender on Probation

The court shall consider all information relative to the character, antecedents, environment, mental and physical condition of
the offender and available institutional and community resources. Probation shall be denied if the court finds that:

a. That the offender is in need of correctional treatment that can be provided most effectively by his commitment to an
institution.
b. There is undue risk that during the period of probation, the offender will commit another crime.
c. Probation will depreciate the seriousness of the offense committed.

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Probation Order and its Effectivity

An order issued by the court granting the application/petition for probation. The grant of probation has the effect of suspending
the execution of sentence. The trial court shall order the release of the probationer's cash or property bond upon which he/she is
allowed temporary liberty. A probation order shall take effect upon its issuance at which time the court shall inform the
offender of the consequences thereat and explain that upon his failure to comply with any of the conditions prescribed in the
said order or his commission of another offense under which he was placed on probation.

The Conditions of Probations

1. Mandatory:
a. The probationer should present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within 72 hours (3 days) from the receipt of the said order.
b. Report to the probation officer at least once a month at such time and place as specified by the said officer.

2. Discretionary:
a. Cooperate with the program of supervision
b. Meet his family responsibilities
c. Devote himself to a specific employment and not to change said employment without the prior written approval of the
probation officer
d. Undergo medical, psychological or psychiatric examination and treatment and enter and remain in specified institution,
when required for that purpose
e. Pursue a prescribed secular study or vocational training
f. Attend or reside in a facility established for instruction, recreation or residence of persons on probation
g. Refrain from visiting houses of ill-repute
h. Abstain from drinking intoxicating beverages to excess
i. Permit probation officer or an authorized social worker to visit his home and place or work
j. Reside at premises approved by it and not to change his residence without its prior written approval
k. Satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.

Court's Latitude in Imposing Conditions

As a rule, the conditions listed under Sec. 10 of PD 968 are not exclusive. Courts are allowed practically any term it chooses,
the limitation being that it does not jeopardize the constitutional right of the accused. Courts may impose conditions with the
end that these conditions would help the probationer develop into a law-abiding citizen.

Duration or Period of Probation

1. The period of probation of a defendant sentenced to a term of imprisonment of not more than 1 year shall not exceed 2
years.

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 2. If more than 1 year to 6 years, said period shall not exceed 6 years.

When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the
period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as
computed at the rate established in Article 39 of the RPC.

Control and Supervision of Probationer

The probationer and his probation program shall be under the control of the court that placed him under probation subject to the
actual supervision and visitation by a probation officer. Supervision shall commence on the day of initial interview or reporting
of a probationer. Whenever a probationer is permitted to transfer or reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the RTC of the place, and in such a case, a copy of the probation
order, the investigation report and other pertinent records shall be furnished said Executive Judge. Thereafter, the Executive
Judge to whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously
possessed by the court which granted the probation.

The primary purposes of probation supervision are:

1. To ensure the probationer's compliance with the probation conditions specified in the Probation Order and the
prescribed probation treatment and supervision program/plan.
2. To manage the process of the probationer's rehabilitation and re-integration into the community.
3. To provide guidance for the probationer's transformation and development into a useful citizen for his eventual
reintegration to the mainstream of society.

Upon the probationer's appearance for his initial supervision, the SPO on case or CPPO himself shall:

1. give instruction to the client in order to reinforce probationer's awareness of the probation conditions specified in the
Probation Order in a language or dialect understood by him
2. formulate with the client, the supervision treatment plan
3. carry out other related activities

In the event that the probationer does not report for initial supervision within the prescribed period after the Probation Order
has been released by the Trial Court, or his whereabouts are unknown, the Probation Officer shall exert his best efforts to find
said probationer and conduct such field of inquiry as is necessary within a reasonable period of time, before considering the
fact that the subject has absconded amounting to a violation of a probation condition, requiring the preparation and submission
of a Violation Report. Absconding Probationer is a probationer who has not reported for initial supervision within the
prescribed period and or whose whereabouts could not be found, located or determined despite best diligent efforts within
reasonable period of time.

Role of Probation Officer

The probation officer plays a major role in the release of the probationer because he is in the best position to report all
information relative to the conduct and mental condition of the probationer in his environment, and the existing institutional
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and community resources that he may avail when necessary. It is the probation officer who primarily undertakes the
supervision and reform of the probationer through a personalized, individualized and community-based rehabilitation program
for a specific period of time.

Outside Travel

A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a period of
more than 10 days but not exceeding 30 days. A probationer, who seeks to travel up to 30 days outside the
operational/territorial jurisdiction of the Probation Office, shall file at least 5 days before the intended travel schedule a Request
for Outside Travel with said Office properly recommended by the SPO on case and approved by the CPPO. If the requested
outside travel is more than 30 days, said request shall be recommended by the CPPO and submitted to the Trial Court for
approval. Outside travel for a cumulative duration of more than 30 days within a period of 6 months shall be considered as a
courtesy supervision.

Change of Residence: Transfer of Supervision

A probationer may file a request for change of residence with the City or Provincial Parole and Probation Office, citing the
reason/s therefore this request shall be submitted by the SPO for the approval of the Trial Court.

In the event of such approval, the supervision and control over the probationer shall be transferred to the concerned Executive
Judge of the RTC, having jurisdiction and control over said probationer, and under the supervision of the City or Provincial
Parole and Probation Office in the place to which he transferred. Thereafter, the Executive Judge of the RTC to whom
jurisdiction over probationer is transferred shall have jurisdiction and control with respect to him, which was previously
possessed, by the court, which granted probation. The receiving city or provincial parole and probation office and the receiving
court shall duly furnish each with copies of the pertinent probation order together with the PSIR and other investigation and
supervision records by the sending probation office for purposes and in aid of continuing effective probation supervision
treatment over said probationer.

Modification and Revision of Probation Conditions/ Probation Order

During the period of supervision period, the Trial Court may motu propio or upon motion by the city or provincial parole and
probation office or by his probationer or his lawyer modify, revise or review the conditions of probations. The Trail Court may
modify or revise the probation order, which shall become effective and final upon its promulgation and receipt thereof by the
probationer, unless specified otherwise by said order.

Rules where there is Violation of Probation

Violation of Probation shall be understood to mean any act or omission on the part of a probationer, which is contrary to the
terms and conditions specified in the probation order. The Probation Officer may motu propio (on its on motion or initiative) or
upon the report of a volunteer probation assistant, conducts a fact-finding investigation of any alleged violation of probation. If
the investigation establishes the violation of probation, the Probation Officer shall report the same to the court.

Contents of the Violation Report

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 1. A complete statement of facts of the alleged violation including the date, place and circumstances thereof, the statements
of witnesses and the arresting officer, if any.
2. The explanation, if any, of the probationer to the charge.
3. The recommendation of the Probation Officer.

Procedure in the Revocation of Probation

The probation is revocable before the final discharge of the probationer by the court. At any time during probation, the court
may issue a warrant of arrest of probationer for violation of any conditions of probation. The probationer, once arrested and
detained, shall immediately be brought before the court for a hearing, which may be informal and summary, of the violation
charged. The defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail
or persons charged with a crime shall be applicable to probationers arrested under these provisions.

In the hearing, which shall be summary in nature, the probationer shall have the right to be informed of the violation charged
and to adduce evidence in his favor. The court shall not be bound by the technical rules of evidence but may inform itself of all
the facts which are material and relevant to ascertain the veracity of the charged. The State shall be represented by a
prosecuting officer in any contested hearing. If violation is established, the court may revoke or continue his probation and
modify the conditions thereof. If revoke, the court shall order the probationer to serve the sentence originally imposed. An
order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.

Early Termination of Probation

The following probationers may be recommended for the early termination of their probation period:

1. Those who are suffering serious physical or mental disability such as deaf-mute, the lepers, the crippled, the bed-
ridden, and the like.
2. Those who do not need further supervision as evidenced by the following:
a. consistent and religious compliance with all the conditions imposed in the order granting probation
b. positive response to the programs of the supervision designed to their rehabilitation
c. significant improvements in their social and economic life
d. absence of any derogatory record while under probation
e. significant growth in self-esteem, self-discipline and self-fulfillment
f. marked improvement in their outlook in life by becoming socially aware and responsible members of the family
and community

Provided that the probationers involved have already served 1/3 of the imposed period of probation; and provided further that
in no case shall the actual supervision period be less than 6 months.

3. Those who have:

a. to travel abroad due to; approved overseas job contact or any other similar documents; or an approved
application for scholarship, observation tour or study grant for a period not less than 6 months; or an approved
application for immigration; or an approved application to take the Bar and Board Examinations
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 b. to render public service for having been elected to any public office; or having been appointed to any public office

Provided, however, that the probationers involved have fully paid their civil liabilities, if any. And, that the probationers were
not convicted for offenses involving moral turpitude.

4. Other probationers who have fully cooperated and participated in the programs of supervision designed for their
rehabilitation and who are situated under conditions/circumstances similar in nature to those above described at the
discretion of the proper authorities.

How Probation is terminated and what are the Effects of its Termination?

The probation officer's neglect to submit his report and recommendation is reprehensible. Upon consideration of probation
officer's report, the court may order the final discharge of the probationer and thereupon the case is deemed terminated. It was
held in Bala vs Martinez, et al., 181 SCRA 459, that probation is not co-terminus with its period, and hence, mere lapse of the
probation period does not terminate the probation. There must be an order issued by the court terminating the probation. The
termination of probation restores to the probationer all civil rights lost or suspended as a result of his conviction and totally
extinguish his criminal liability and fully discharge his liability for any fine imposed to the offense for which probation was
granted. After a period of probation and upon consideration of the report and recommendation of the probation officer, the
court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated. The probationer and the probation officer shall each be furnished with
a copy of such order.

Causes or Grounds for Probation to be Terminated or Closed

1. expiration of the period of probation

2. by revocation for cause under the Probation Law
3. death of the probationer
4. by the successful completion of a program of probation
5. early termination of probation
6. other analogous causes or reasons on a case-to-case basis as recommended by the Probation Office and approved by
the Trial Court

Final Report for closing or terminating the Probation Case

The rules on Probation provides that, at least 30 days before the expiration of the period of probation, the Probation Office
shall submit a Final Report to the Court, which shall indicate the following, among others;

1. the program of supervision and treatment followed in dealing with the probationer
2. the response of the probationer to supervision and treatment
3. the result of said supervision

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 4. a recommendation as to whether or not the probationer may be discharged from probation or in the alternative,
whether probation should be continued, where applicable; and if discharged, to advise the probationer to continue
therapy, where necessary, even after the
5. termination of probation
6. such other information as may be required by the court

Confidentiality of Records of a Probationer

The investigation report and the supervision history of a probationer obtained shall be privileged and shall not be disclosed
directly or indirectly to anyone other than the Probation Administration or the Court concerned, except that the court, in its
discretion may permit the probationer or his attorney to inspect the aforementioned documents or parts thereof whenever the
best interest of the probationer make such disclosure desirable or helpful. Provided, further, that any government office or
agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

The penalty of imprisonment ranges from 6 months and 1 day to 6 years and a fine ranging, from 600.00 to 6,000.00 shall be
imposed upon any person who violates the confidentiality of probation records.

Miscellaneous Powers of Regional, Provincial and City Probation Office

Regional, Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to administer oaths
and acknowledgments and to take depositions in connection with their duties and functions. They shall also have, with respect
to probationers under their care, the powers of a police officer. They shall be considered as persons in authority.

Volunteer Probation Assistants (VPA's) (Probation Aide)

To assist the Chief Probation and Parole Officers in the supervised treatment program of the probationers, the Probation
Administrator may appoint citizens of legal age, good repute and probity, who have the willingness, aptitude and capability to
act as VPAs. VPA's shall not receive any regular compensation except for reasonable transportation and meal allowances, as
may be determined by the Probation Administrator, for services rendered as VPA's. They shall hold office for a two (2) year
term which may be renewed or recalled anytime for a just cause. Their functions, qualifications, continuance in office and
maximum caseloads shall be further prescribed under the implementing rules and regulations.

There shall be reasonable number of VPA's in every regional, provincial and city probation office. In order to strengthen the
functional relationship of VPA's and the Probation Administrator, the latter shall encourage and support the former to
recognize themselves in the national, regional, provincial and city levels for effective utilization, coordination, and
sustainability of the volunteer program.

C. Application of Probation to Children in Conflict with the Law

Under Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006, the court may, after it shall
have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in
lieu of his service of his/her sentence taking into account the best interest of the child.
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Probation and Community Service for Child Drug Dependent

A child drug dependent under the voluntary submission program for (confinement, treatment and rehabilitation) who is
discharged as rehabilitated by the Center or DOH, but does not qualify for exemption from criminal liability under section 55
of RA 9165, may be charged under the provision of PD 968. However, the court upon its discretion may order that the child be
placed on probation and that he/she undergo community service in lieu of imprisonment and/or fine, without prejudice to the
outcome of any pending case filed in court. The child drug dependent shall undergo community service as part of his/her after-
care and follow-up program which may be done in coordination with non-governmental civic organization accredited by the
DSWD.

Automatic Suspension of Sentence of a Child Drug Dependent

If a child in under 18 years of age at the time of the commission of the offense and is found guilty thereof, the court shall
determine and ascertain any civil liability. However, instead of pronouncing the judgment of conviction, the court shall place
the child under suspended sentence, without need of application. Suspension of sentence shall still be applied even if the child
is already 18 years of age at the time of the conviction. While under suspended sentence, the child shall be under the
supervision and rehabilitation surveillance of the Dangerous Drugs Board, under which such conditions that the court may
impose for a period ranging from six to 18 months.

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IV. Other Modes of Temporary Release of Detained Person

When a person is arrested or otherwise deprived of his liberty for the alleged commission of an offense, he may avail of the
legal remedies provided and guaranteed by the Constitution, Statutes and the Rules of the Court for his temporary release.
These include the application for bail or recognizance and habeas corpus. Where the accused is already convicted, or serving
the penalty imposed by the trial court, there are however legal remedies also for the convict to regain his liberty by virtue of, or
grant of pardon, amnesty, parole, probation, etc.., subject to limitations and conditions of the issuing authority.

Operational Terms

a. Detention- is a restraint of personal liberty or deprivation of freedom of action in any significant manner.
b. Detainee- refers to a person who is accused before the court or competent tribunal or authority and is temporarily
confined in jail while undergoing or awaiting investigation, trial, or final judgment.
c. Detention Prisoner- refers to a person arrested due to the commission of a crime/offense by the arresting unit for
custodial investigation. It likewise includes a person arrested for crimes, which are heinous in nature, against national
security and high-profile crimes.

Legal Basis of Temporary Release of a Detained Person

1. Under the 1987 Constitution:

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The 1987 Constitution allows two modes by which a person under custody may be released temporarily from detention before
conviction of the offense charged- (1) bail, and (2) release on recognizance as may be provided by law, to wit:

Section 13, Article III of the 1987 Philippine Constitution- All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended. Excessive bail shall not be required.

2. Under the Rules of Court:

a. Rule 102 of the Rules of Court provides for Habeas Corpus, a speedy and effectual remedy to relieve a person from
unlawful restrain and will therefore issue when someone is deprived of liberty.
b. The Rules on Bail are intended to secure a faithful implementation of the constitutional right to bail and is governed
by Rule 114 of the Rules of Court.

Definition, Concept and Purposes of Bail

Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his
appearance before any court as required under the conditions hereinafter specified. The purpose of requiring bail is to relieve an
accused from imprisonment until his conviction and yet secure his appearance at the trial. The right to bail is granted because in
all criminal prosecutions, the accused is presumed innocent.

Different Forms of Bails

Bail Bond is an obligation given by the accused with one or more sureties, with the condition to be avoided upon the
performance by the accused of such acts as he may be legally required to perform. It may be given in the form of:

1. Corporate Surety
2. Property Bond
3. Cash Deposit
4. Recognizance

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