Cabanatuan City, Nueva Ecija, Philippines

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COLLEGE OF CRIMINOLOGY
• Learning Objectives: At the CA2 (Non-Institutional Correction)
end of this segment
you should be able to:
1. Recognize and Discuss the Week 1
history of the probation system

• Topic: The history of the Probation system

Read and re-read the following topic notes and answer the activities provided in this
module. COURSE DESCRIPTION
The course focuses on Presidential Decree, known as the "Probation Law of 1976" as amended,
establishing a probation system in the Philippines, its historical background, philosophy,
concepts, and operation as a new correctional system, investigation, selection, and condition of
Probation, distinction between incarceration, parole, probation and other forms of executive
clemency, total involvement of probation in the administration of the Criminal Justice System.
This course also treats the study of the Act 4103, as amended otherwise known as the
Indeterminate Sentence Law that created the Board of Pardons and Parole, the system of
releasing and recognizance, executive clemency, and pardon.
Introduction:

Did you know that 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.
A community-based approach to corrections as a way to decongest the prisons
involves 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.
It involves the efficient performance of the Boards 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
Probation and Parole Administration. Probation and Parole are two forms of non-
institutional or community based corrections.

COLLEGE OF CRIMINOLOGY
Historical Background of Probation
Role of Probation in the Correctional System
 WHAT IS PROBATION?
PROBATION - A term coined by John Augustus, From the Latin verb "probare"
- to prove, to test.

The origins of probation can be traced to English criminal law of the Middle Ages. Harsh punishments
were imposed on adults and children alike for offenses that were not always of a serious nature.
Sentences such as branding, flogging, mutilation, and execution were common. During the time of
King Henry VIII, for instance, no less than 200 crimes were punishable by
death, many of which were minor offenses

Probation is another form of non-institutional corrections practice that gives a sentenced

convict the chance to reform and rehabilitate himself without having to spend time in jails.
Probation does not confine to prison a sentenced prisoner but rather he will be released and
undergo personalized community-based treatment, while in parole, the parolee will have to
serve a portion of his sentence
before he is eligible for parole.

Probation is a form of non-institutional based correctional practices that gives a

sentenced convict the chance to reform and rehabilitate himself without having to spend time in
jails. Probation does not confine to prison a sentenced prisoner but rather is released and
undergo personalized community-based
treatment.

Probation is a disposition under which a defendant, after conviction and

sentence, is released to the supervision of a probation officer subject to conditions imposed by
the court. The probation officer shall supervise and program the individual treatment of the
probationer under his care. M any time during probation, the court may issue a warrant for the
arrest of a probationer for any
serious violation of the conditions of probation, the probationer, once arrested and detained,

shall immediately be brought before the court for a hearing of the violation charged. If revoked,
the court shall order the probationer to serve the sentence originally imposed in prison.

The Probation and Parole Administration under the Department of Justice supervises
and controls all probation officers and promulgates rules and procedures on the probation
process, subject to the approval of the Secretary of justice.

The period of probation of a defendant sentenced to a term of imprisonment of not

more than one (1) year shall not exceed two years, and in all other cases, said period
shall not exceed six (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 be more
than twice the total number of days of subsidiary imprisonment as computed at the rate
established in article thirty nine of the revised Penal code as amended.

1. Historical Context of probation (comparative study):

 1.1 United States

In the United States, probation began in 1841 when John Augustus, a

Boston boot maker, persuaded a judge to release a "drunkard" from jail into his custody.
Augustus helped the man sober up and make other dramatic changes before returning to court
for sentencing. Impressed with this transformation, the Court allowed Augustus to take more
and more offenders into his custody. Augustus, however, didn't take every convicted person.
Instead, he selected prospective probationers based on age, character, and the people places,
and things apt to influence them to make positive changes.

This selection process became the foundation for modern assessment and
presentence investigations, a key component of the work probation officers do.
Augustus’ work was based on the belief that most offenders are not dangerous and will
respond well to treatment. In 1843 he turned his attention toward helping children. He took
three children into his care, all accused of stealing. The children included two girls ages 8 and
10, and an 11-year-old boy. Three years later this number had grown to 30 children ranging in
age from 9 to 16 years old.

The process was such that the children's cases were continued for several months
as a term of probation. At the calling of the docket each month, Augustus would
appear to make his report and the cases would pass on for five to six months. Then, at the end
of the term, he would appear with some of the children, and as with his first success, their
appearance had drastically improved from the time of their arraignment. With this and the
paying of a 10 cent fine per person, the judge would declare the object of the law was
accomplished, thanks to Augustus' plan to save and reform. Probation developed from the
efforts of philanthropist Augustus, who looked for ways to rehabilitate the behavior of criminals.

Augustus is called the "Father of Probation" in the United States because of his
pioneering efforts to campaign for more lenient sentences for convicted criminals
based on their backgrounds. His reported rate of success—just 10 failures in
1,946 cases—is a remarkable testament to his work and the possibility of
effective supervision.

1.1 England
Two names are most closely associated with the founding of
probation: Matthew Davenport Hill, an 18th-century English barrister and
judge, and 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 be returned to a parent or
guardian who would closely supervise them. When he eventually became the Recorder of
Birmingham, a judicial post, he used a similar practice for individuals who did not seem
hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in
the hands of generous guardians who willingly took charge of them. Hill had police officers pay
periodic visits to these guardians to track the offender's progress and to keep a running
account.
 John Augustus, the "Father of Probation," is recognized as
the first true probation officer. Augustus was born in Woburn, Massachusetts, in
1785. By 1829, he was a permanent resident of Boston and the owner of a
successful boot-making business. It was undoubtedly his membership in the Washington Total
Abstinence Society that led him to the Boston courts. Washingtonians abstained from alcohol
themselves and were convinced that abusers of alcohol could be rehabilitated through
understanding, kindness, and sustained moral suasion, rather than through conviction and jail
sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed,'

Augustus thus began an 18-year career as a volunteer probation officer.

Not all of the offenders helped by Augustus were alcohol abusers, nor were all
prospective probationers taken under his wing. Close attention was paid to
evaluating whether or not a candidate would likely prove to be a successful subject of
probation. The offender's character, age, and the people, places, and things apt to influence
him/her were all considered.

Augustus was subsequently credited with founding

Investigations, one of three main concepts of modern probation, the other two
being Intake and Supervision. Augustus, who kept detailed notes on his activities, was also the
first to apply the term "probation" to this process of treating offenders.

By 1858, John Augustus had provided bail for 1,946 men and women,
young and old. Reportedly, only ten of this number forfeited their bond, a
remarkable accomplishment when measured against any standard. His
reformer's zeal and dogged persistence won him the opposition of certain
segments of Boston society as well as the devotion and aid of many
Boston philanthropists and organizations. The first probation statute,
enacted in Massachusetts shortly after this death in 1859, was widely
attributed to his efforts.

1.3 Philippines
Probation was first introduced in the Philippines during the American colonial
period (1898 - 1945) with the enactment of Act No. 4221 of the Philippine
Legislature on 7 August 1935. This law created a Probation Office under the
Department of Justice. On November 16, 1937, after barely two years of existence, the
Supreme Court of the Philippines declared the Probation Law unconstitutional because of some
defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish
a probation system in the Philippines. This bill avoided the objectionable features of Act 4221
that struck down the 1935 law as unconstitutional. The bill was passed by the House of
Representatives but was pending in the Senate when Martial Law was declared and Congress
 was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a

Probation Law. After 18 technical hearings over a period of six months, the draft
decree was presented

to a selected group of 369 jurists, penologists, civic leaders, and social and behavioral scientists
and practitioners. The group overwhelmingly endorsed the establishment of an Adult Probation
System in the country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult

Probation Law of 1976, was signed into law by the President of the Philippines.

The operationalization of the probation system in 1976-

1977 was a massive undertaking during which all judges and prosecutors
nationwide were trained in probation methods and procedures; administrative and procedural
manuals were developed; probation officers recruited and trained, and the central agency and
probation field offices organized throughout the country. Fifteen selected probation officers
were sent to the U.S.A. for orientation and training in probation administration.
Upon their return, they were assigned to train the newly recruited probation
officers.

The probation system started to operate on 3 January 1978. As more

probation officers were recruited and trained, more field offices were opened.
There are at present 204 field offices spread all over the country, supervised by
15 regional offices.

For additional readings, Check the link below and know about Republic
Act
No. 10707, Happy Reading!
https://probation.gov.ph/wp-content/uploads/2016/01/Republic
Act-No.-10707-Probation-Law-as-Amended-PD-968.pdf

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
2. Recognize and Discuss what is Week 2
Parole and Probation system

• Topic: The Parole and Probation system

Read and re-read the following topic notes and answer the activities provided in
module.
DO YOU STILL REMEMBER?
 That 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.
A community-based approach to corrections as a way to decongest the prisons involves 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.
PAROLE - It is the release of a prisoner from prison after serving the minimum
period of his indeterminate sentence.

What is an example of
indeterminate sentencing?
An indeterminate sentence is a sentence that does not assign a

set amount of jail time. For example, an

indeterminate sentence specifies
a range, such as “5 to 10 years,” or “15 years to life,” instead of sentencing
someone to a set number of years in prison.

WHO CANNOT BE GRANTED PAROLE?

Generally, those sentenced to a term of imprisonment of one (1) year or less, or

a straight penalty, or to a prison sentence without a minimum term of
imprisonment.

WHO MAY GRANT PAROLE TO A PRISONER?

The Board of Pardons and Parole, an agency under the Department of Justice.

WHEN MAY A PRISONER BE GRANTED PAROLE?

Whenever the Board of Pardons and Parole finds that there
is a
reasonable probability that, if released, the prisoner will be law-
abiding
and that his release will not be incompatible with the interest and welfare
of society and when a prisoner has already served the minimum penalty of his/her

indeterminate sentence of imprisonment.

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE?

He shall be rearrested and recommitted or returned to prison to serve the

unexpired portion of the maximum period of his sentence.

COLLEGE OF CRIMINOLOGY
LET’S TALK ABOUT PROBATION
 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
PD 968 - THE PROBATION LAW OF 1976 approved on 24 July 1976;
effectivity date is 3 January 1978
AMENDATORY LAWS TO PD 968
PD 1257 – effectivity date, 01 December 1977; amended the period within
which application for probation must be made
BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for
qualification for probation
PD 1990 - effectivity date, 15 January 1986; amended BP 76 back to the original form
and made probation and appeal exclusive remedies

PROBATIONER is a person placed on probation

PROBATION OFFICER (now Probation and Parole Officer) is one who
investigates for the court a referral for probation or supervises a probationer or
both.

FORERUNNERS OF PROBATION

1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had
maintained that a member of the clergy brought to trial in a King’s
Court might be claimed from that jurisdiction by the bishop or chaplain
representing him, on the ground that he, the prisoner, was subject to the authority of
the ecclesiastical courts only.

2. JUDICIAL REPRIEVE

This is a temporary withholding of sentence, either before or after

judgment; as where the judge is not satisfied with the verdict,
or evidence is suspicious, or indictment is insufficient, or he is doubtful whether the
offense is within the clergy, or sometimes if it is a small felony, or any favorable
circumstances appear in the criminal's character.

3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

It originated as a measure of preventive justice, involving the release of

the person accused of committing a crime to the custody of
a person of reputable character, who shall have the responsibility of bringing the
accused to court whenever the court requires.

4. TRANSPORTATION

This was chiefly a way of ridding the country of criminals; it later

developed as a plan for supplying new colonies with cheap
 labor. It was also an attempt to substitute for brutal punishment at home and an
opportunity for rehabilitation in a new country.

Penal transportation or transportation was the relocation of convicted

criminals, or other persons regarded as undesirable, to a distant place,
often a colony for a specified term; later, specifically established penal
colonies became their destination. While the prisoners may have been
released once the sentences were served, they generally did not have the
resources to return home.

For additional readings, Check the link below and know about Republic
Act No. 10707, Happy Reading!
https://probation.gov.ph/correction-rehabilitation/

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
3. Recognize and Identify the Week 3
pioneers and founders of
probation and parole
4. Recognize and Identify Forms of
Executive Clemency

• Topic: The pioneers and founders of probation, parole and other Forms of
Executive Clemency Read and re-read the following topic notes and answer the
activities provided in this module.
DO YOU STILL REMEMBER?

PAROLE - It is the release of a prisoner from prison after serving the minimum
period of his indeterminate sentence.

∙ What is an example of indeterminate

sentencing?

An indeterminate sentence is a sentence that does not assign a set

amount of jail time. For example, an indeterminate sentence specifies a
range, such as “5 to 10 years,” or “15 years to life,” instead of
sentencing someone to a set number of years in prison.
IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION
JOHN AUGUSTUS

“Father of Probation” in the US is recognized as the first true probation officer. Augustus
was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of Boston
and the
owner of a successful boot-making business. It was undoubtedly his membership in the
Washington Total Abstinence Society that led him to the Boston courts. Washingtonians
abstained from alcohol themselves and were convinced that abusers of alcohol could be
rehabilitated through understanding, kindness, and sustained moral suasion, rather than
through conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later for sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed.

Augustus thus began an 18-year career as a volunteer probation officer. Not all of
the offenders helped by Augustus were alcohol abusers, nor were all prospective probationers
taken under his wing. Close attention was paid to evaluating whether or not a candidate would
likely prove to be a successful subject for probation. The offender's character, age, and the
people, places, and things apt to influence him or she were all considered.

Augustus was subsequently credited with founding the investigations process, one
of three main concepts of modern probation, the other two being intake and supervision.
Augustus, who kept detailed notes on his activities, was also the first to apply the term
"probation" to his method of treating offenders.

By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly,
only 10 of this number forfeited their bond, a remarkable accomplishment when measured
against any standard. His reformer's zeal and dogged persistence won him the opposition of
certain segments of Boston society as well as the devotion and aid of many Boston
philanthropists and organizations. The first probation statute, enacted in Massachusetts shortly
after this death in 1859, was widely attributed to his efforts.

MATTHEW DAVENPORT HILL is considered as the “Father of Probation” in England

Hill was born in Birmingham, where his father, Thomas Wright Hill, for long
conducted the private schools' Hazelwood and Bruce Castle. He was a brother of the postal
reformer Sir Rowland Hill and the prison inspector Frederic Hill. He acted as assistant in his
father's school, but in 1819 was called to the bar at Lincoln's Inn. In 1832 he was elected one
of the Liberal Members of Parliament for Kingston upon Hull, but he lost his seat at the next
election in 1834.

On the incorporation of Birmingham in 1839, he was appointed as the town's

recorder (judge); and in 1851 he was appointed commissioner in bankruptcy for the Bristol
district. Taking an interest in questions relating to the treatment of criminal offenders, he
publicly aired opinions which were the means of introducing many important reforms in the
methods of dealing with crime, drawing notably upon the theories of the Scottish penal
reformer, Alexander Maconochie. His book Mettray (1855) describes the Mettray Penal Colony
 with its then-new approach to dealing with young delinquents.

One of his principal coadjutors in these reforms was his brother Frederic Hill
(1803–1896), whose Amount, Causes and Remedies of Crime, the result of his experience as
inspector of prisons for Scotland. marked an era in the methods of prison discipline. Hill was
one of the chief promoters of the Society for the Diffusion of Useful Knowledge and the
originator of the Penny Magazine. He died at Stapleton, near Bristol.

In 1868 the West of England Suffrage Society, part of the National Society for
Women's Suffrage, was formed at his house. His daughter Florence was one of the first
members, and later members included Agnes Beddoe, Emily, and Elizabeth Sturge.
Two of his daughters wrote an early biography in 1878.

TEODULO S. NATIVIDAD

- Father of Philippine Probation

Act No. 4221

– the first Probation Law of the Philippines

– this act became effective on August 7, 1935
– the Supreme Court declared this Act unconstitutional on November 16, 1937

In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was
challenging because of the following grounds:
a) The said act encroaches upon the pardoning power of the executive
b) That it constitutes an undue delegation of legislative power
c) It denies the equal protection of the laws
WHAT ARE THE FORMS OF EXECUTIVE CLEMENCY?

PARDON
An act of grace proceeding from the power entrusted with the
execution of the laws which exempts the individual on whom it is bestowed from the
punishment that the law inflicts for a crime he has committed; pardoning power is
exercised by the President

Is a form of executive clemency that is exercised by the Chief Executive. It is an act of

grace and the recipient of pardon is not entitled to it as a matter of right. The exercise of
pardon is vested in the Executive, is discretionary, and is not subject to review by the courts.
Neither does the Legislative Branch of the government have the right to establish conditions
nor provide procedures for the exercise of clemency.

COMMUTATION OF SENTENCE
Executive clemency changing a heavier sentence to a less serious one, or a long prison term to
a shorter one
 ELIGIBILITY FOR COMMUTATION OF SENTENCE

He must have served at least one third (1/3) of the minimum of his indeterminate
sentence or the following portions of his prison sentence consisting of Reclusion Perpetua:
- at least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape, or
Kidnapping with Murder
- at least eight (8) years if convicted of Simple Murder, Parricide, Rape, or Violation of anti-
drug laws
- at least twelve (12) years if given two or more sentences of Reclusion Perpetua - at least
twenty (20) years in case of two (2) sentences for Reclusion Perpetua, provided that at
least one (1) of the sentences had been automatically commuted from a death sentence

REPRIEVE
The postponement of the execution of a death sentence

AMNESTY
An act of the sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of a
political character, such as treason, sedition, or rebellion

EXECUTIVE CLEMENCY

- Collective term for absolute pardon, conditional pardon, and

commutation of sentence

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Recognize and Examine the Week 4
General Guidelines for
recommending executive
clemency

• Topic: The pioneers and founders of probation, parole and other Forms of
Executive Clemency Read and re-read the following topic notes and answer the

activities provided in this module.

DO YOU STILL REMEMBER?

In 1841, John Augustus attended police

court to bail out a
"common drunkard," the first probationer.
The offender was ordered
to appear in court three weeks later for sentencing. He returned to
court a sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed.

History of Pardon
The exercise of the pardoning power has always been vested in the hands of the executive branch of
the government, whether King, Queen, President or Governor. Pardon dates back to the pre-Christian
era. The bible contains an illusion where a criminal was released and pardoned by the King at the
time Christ was crucified.
In England, a pardon was developed out of the conflict between the King and the Nobles who
threatened their powers. Pardon was applied to members of the Royal family who committed crimes
and occasionally to those convicted of offenses against the royal power. It was the general view that
the pardoning power was the exclusive prerogative of the King. In England today the power to extend
pardon is vested in the Queen upon the advice of the Minister of the Interior.

In the United States, pardoning among the early American colonists was a carry over of the English
practice. The pardoning power was exercised by the Royal governor through the power delegated by
the King. After the declaration of Independence, the Federal and state constitutions vested the
pardoning power on the President of the United States and the Governor in federal and state cases,
respectively.
In the Philippines, the pardoning power is vested in the Prime Minister by Article IX, Section14 of the
Philippine Constitution which states:
“The Prime Minister shall have the power to grant reprieves, commutations, and pardons, and
remit fine and forfeitures, after convictions for all offenses, except cases of impeachment, upon
such conditions and with such restrictions and limitations as he may deem proper to impose.
He shall have the power to grant amnesty with the concurrence of the Congress. “
KINDS OF PARDON
1) ABSOLUTE PARDON - the extinction of the criminal liability of the individual to
whom it is granted without any condition and restores to the individual his civil rights

The purposes of this kind of pardon are

a. TO DO AWAY WITH THE MISCARRIAGE OF JUSTICE.

Under the present method of judicial procedure, justice is not guaranteed. It is possible
to convict an innocent person as it is possible for criminals to escape the hands of justice.
When an innocent convict has no more recourse through courts, the
remedy is absolute pardon. The power of the President or Prime Minister
to pardon offenders on the grounds of innocence is rarely exercised
because
the criminal procedures are liberal in granting a new trial in the case of an
offender has no more legal remedy will pardon of this nature be given. If so
exercised, an absolute pardon is granted after an exhaustive investigation is
conducted and upon recommendation of the Secretary of Justice.
b. TO KEEP PUNISHMENT ABREAST WITH THE CURRENT PHILOSOPHY,
CONCEPT OR PRACTICE OF CRIMINAL JUSTICE ADMINISTRATION.
A criminal act, because of a changing scheme of social values, may become non-criminal
 at a later date. Therefore, persons serving imprisonment at the time of the repeal of the law
abolishing the crime may be extended absolute pardon. For example, a person serving
imprisonment for black-marketing of gasoline when this commodity was rationed, may after the
repeal of the law on black-marketing be extended absolute pardon.

c. TO RESTORE FULL POLITICAL AND CIVIL RIGHTS OF PERSONS WHO HAVE

ALREADY SERVED THEIR SENTENCE AND HAVE WAITED THE PRESCRIBED
PERIOD.
The greatest number of applications for absolute pardon come from ex-prisoners who
desire to be restored their political and civil rights. In the Philippines, the Office of the President
laid down the policy to grant absolute pardon to ex-prisoners ten years from the date of their
release from prison. Recently the policy was relaxed, thereby shortening the waiting period of
five years. The waiting period is required to allow the offender to demonstrate that he has
established a new pattern of conduct.
2) CONDITIONAL PARDON
The extinction of the criminal liability of an individual, within certain limits or
conditions, from the punishment which the law inflicts for the offense he has committed

Conditional Pardon serves the purpose of releasing,

through executive
clemency, a prisoner who is already reformed or rehabilitated but
who cannot be paroled because the parole law does not apply to
him. Thus a prisoner serving a determinate sentence or life
imprisonment is excluded from the benefits of the parole law. However, when
this prisoner has already been reformed, he may be released on

WHAT ARE THE EFFECTS OF PARDON?

1) It removes penalties and disabilities and restores full civil and political rights;

2) It does not discharge the civil liability of the convict to the individual he
has wronged, as the President has no power to pardon a private wrong;

3) It does not restore offices, property, or rights vested in others in consequence of the
conviction. Under our law, a pardon shall not work the restoration of the right to hold
public office or the right of suffrage unless such rights are expressly restored by the
terms of the pardon.

WHAT ARE THE LIMITATIONS UPON THE PARDONING POWER

1. The President cannot pardon impeached officials and cannot circumvent legislative or judicial
processes.
2. The pardon also does not extinguish civil liability or restore public offices or political rights unless
specifically stated.
3. Additionally, this power is generally not applicable to cases involving violations of election laws without
the affirmative recommendation of the Commission on Elections.

ELIGIBILITY FOR CONDITIONAL PARDON

He must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison sentence:
 - at least two (2) years of the minimum sentence if convicted of Murder or Parricide but not
sentenced to Reclusion Perpetua
- at least one (1) year of the minimum sentence if convicted of Homicide
- at least nine (9) months if convicted of Frustrated Homicide
- at least six (6) months if convicted of Attempted Homicide

Nature of Conditional Pardon

Conditional pardon is like a contract so that it must first be accepted by

the recipient before it takes effect. The pardonee is under obligation to comply strictly with the
conditions imposed therein; otherwise, his non-compliance will result in the revocation of the
pardon. (Art. 95, RPC). If the pardonee violates any of the conditions of his pardon, he will be
prosecuted criminally as a pardon violator. Upon convictions, the accused will be sentenced to
serve imprisonment in prison correctional. However, if the penalty remitted by the granting of
such pardon be higher than six years, the pardonee will be made to serve the unexpired
portion of his original sentence. (Art. 159, RPC)

HOW CONDITIONAL PARDON IS GIVEN

Conditional Pardon may be commenced by a petition filed by the prisoner, his family, or relative, or upon the
recommendation of the prison authorities.

The petition or request is processed by the Board of Pardons and Parole.

The Board shall determine if the prisoner has served a sufficient portion of his sentence; his release is not
inimical to the interest of the community; and that there is a likelihood that the offender will not become a
public charge and will not recidivate in crime.

If all these factors are favorable, then the Board will endorse the petition favorably to the President. If the
case is premature, the petitioner is so informed.

SOME GUIDES IN PARDON SELECTION

IN DETERMINING THE FITNESS OF A PRISONER FOR RELEASE ON

CONDITIONAL PARDON, THE FOLLOWING POINTS SHALL BE
CONSIDERED AS GUIDES.

a. The political, organizational, or religious affiliation of the prisoner should be

disregarded.
b. Due ( but not undue ) regard should be given the attitude of the people in the community
from which he was sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to prison – social, economic,
psychological, and emotional backgrounds – should be carefully investigated.

CONDITIONAL PARDON DISTINGUISHED FROM PAROLE.

The purpose of conditional pardon and parole is the same – the release of a
prisoner who is already reformed so that he can continue to serve his sentence
 outside of the institution, thus allowing him to gradually assume the responsibilities
of a free man.

Both releases are subject to the same set of conditions that will subject the parolee or pardonee to be
recommitted to prison.

The only difference between the two is the granting authority. In parole, the granting authority is the
Board of Pardons and Parole, while in conditional pardon, the granting authority is the President.

CONDITIONS OF PARDON

In the Philippines, the pardonee is given the same set of rules or conditions as the
parolee. Among the conditions usually imposed on pardonees and parolees are the
following:

a. That he shall live in his parole residence and shall not change his residence during
the period of his parole without first obtaining the consent of the Board of
Pardons and Parole. If the parolee or pardonee leaves the parole jurisdiction
temporarily, he needs not to get the permission of the Board, although he may
so inform his parole officer (Municipal Judge) of his
whereabouts.

Republic of the Philippines

NUEVA ECIJA UNIVERSITY OF SCIENCE AND
TECHNOLOGY Cabanatuan City, Nueva Ecija, Philippines
ISO 9001:2015 CERTIFIED
COLLEGE OF CRIMINOLOGY

b. That he shall report to the Municipal Judge ( of the town where he will reside ) or
to such officer as may be designated by the Executive Officer of the Board of
Pardons and Parole during the first year once a month and, thereafter, once
every two months or as often as he may be required by said officer.

c. That he shall not indulge in any injurious or vicious habits and shall avoid places or
persons of disreputable or harmful character.

d. That he shall permit the Provincial Commander, Philippine Constabulary, or any

officer designated by the Executive Officer of the Board to visit him at
reasonable times at his place of abode or elsewhere and shall truthfully answer
any reasonable inquiries concerning his conduct or conditions.
e. That he shall not commit any crime and shall conduct himself in an orderly manner.

f. That he shall pay not less than P50.00 a month to the cashier of the Department
of Justice in payment of the indemnity imposed upon him.

g. That he shall comply with such orders as the Board or its Executive Officer may
from time to time make.

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
 you should be able to:
5. Recognize and Discuss the
Procedure, Proceedings of the Week 5
Board, and the Guidelines After
Grant of Executive Clemency

• Topic: The Parole and Probation system

Read and re-read the following topic notes and answer the activities provided in this
module.

THE ELIGIBILITY FOR CONDITIONAL PARDON

He must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison sentence:
- at least two (2) years of the minimum sentence if convicted of Murder or Parricide but not
sentenced to Reclusion Perpetua
- at least one (1) year of the minimum sentence if convicted of Homicide
- at least nine (9) months if convicted of Frustrated Homicide
- at least six (6) months if convicted of Attempted Homicide

WHAT ARE ABUSE OF THE PARDON POWER AND ITS SAFEGUARDS?

The power vested on the President by the Constitution to grant pardon is

very broad and exclusive. It is not subject to review by the courts. Neither does congress have
the right to establish conditions nor provide the procedure for the exercise of pardon.
Under these circumstances, it is, therefore, possible that his power can be
abused by unscrupulous Chief Executives. In nearly every presidential election the
alleged abuse of the pardoning power has come up as a campaign issue against
the incumbent President. The truth of the charge has never been investigated, but
the fact that the alleged anomaly is aired publicly is an indication that the power to
grant pardon may be abused.
There are certain safeguards, however, against the abuse of the pardoning power. First
is the constitutional provision that the President may be impeached for a willful violation of the
Constitution. This is enough deterrent for the Chief Executive to abuse this power. Second, is
the policy of the Office of the Chief Executive, ever since the time of the American Governors-
General, to approve pardon cases which are favorably recommended by the Board of Pardons
and Parole. Although this policy does not wholly bind the President, seldom, if ever, has it been
disregarded?
IS PARDON NECESSARY IN OUR PENAL SYSTEM?

Judges are human beings and are therefore apt to commit errors. An
 innocent can get convicted as a criminal can escape the hands of justice. An
innocent man may not be able to present evidence to prove his innocence, or may
not have the money to hire a good counsel. Many of our penal laws are outmoded
and are no longer kept abreast with current
trends of criminal justice administration. Judges are limited by-laws to the
use of discretion they may exercise in any given case. Under any of the above circumstances,
an injustice may result, which can only be remedied by the exercise of pardon.
Ideally, all releases should be by parole. Society can only be sufficiently protected
against the ex prisoner if the latter is released through parole or conditional pardon.
Unfortunately, not all sentences are indeterminate so that some prisoners are deprived of the
privilege of parole. Therefore, a pardon is necessary for the prisoners who do not fall under the
parole law.

DIFFERENCES BETWEEN AMNESTY AND PARDON.

Pardon includes any crime and is exercised individually by the Chief Executive, while
amnesty is a blanket pardon granted to a group of prisoners, generally political prisoners.
Pardon is exercised when the person is already convicted while amnesty may be given
before trial or investigation is had.

COMMUTATION OF SENTENCE

- executive clemency changing a heavier sentence to a less serious one, or a long prison
term to a shorter one
ELIGIBILITY FOR COMMUTATION OF SENTENCE
He must have served at least one third (1/3) of the minimum of his indeterminate
sentence or the following portions of his prison sentence consisting of Reclusion Perpetua:

- at least ten (10) years if convicted of Robbery with Homicide, Robbery with
Rape, or Kidnapping with Murder
- at least eight (8) years if convicted of Simple Murder, Parricide, Rape, or
Violation of anti-drug laws
- at least twelve (12) years if given two or more sentences of Reclusion Perpetua
- at least twenty (20) years in case of two (2) sentences for Reclusion Perpetua, provided that
at least one (1) of the sentences had been automatically commuted from a death sentence
REPRIEVE

- the postponement of the execution of a death sentence

AMNESTY

- an act of the sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of a
political character, such as treason, sedition, or rebellion
PAROLE
- a method by which a prisoner who has served a portion of his sentence is conditionally
released but remains in legal custody, the condition being that in case of misbehavior,
he shall be imprisoned
ELIGIBILITY FOR PAROLE

A prisoner shall be eligible for the grant of parole upon showing that he is confined in jail
or prison to serve an indeterminate prison sentence, the maximum period of which exceeds one
(1) year, pursuant to the final judgment of conviction and that he has served the minimum
 period of a said sentence less the good conduct time allowance earned.
GOOD CONDUCT TIME ALLOWANCE

- the statutory shortening of the maximum sentence of an inmate because of good

behavior; granted by the Director of the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology and/or the Warden of a provincial,
district, municipal or city jail shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.

ALLOWANCE FOR GOOD CONDUCT TIME ALLOWANCE

The good conduct of any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:

first two years = 20 days deduction for each month (240 days/year)

3rd to 5th year = 23 days deduction for each month (276 days/year)

6th to 10th year = 25 days deduction for each month (300 days/year)

11th year onwards = 30 days deduction for each month (360 days/year)

NOTE: At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, for each month of study, teaching, or
mentoring service time rendered.

Special time allowance for Loyalty

A deduction of one fifth (1/5) of the period of his sentence shall be granted to any prisoner
who h a s ev ad e d hi s p r ev en t i v e i m pri s onm e n t o r th e s er vi ce of hi s s e n te n
c e u nd e r t h e circumstances mentioned in Article 158 of this Code, gives himself up to the
authorities within48 hours following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in the said article. A deduction of two-fifths
(2/5) of the period of his sentence s h a l l b e g r a n t e d i n t h e c a s e s a i d p r i s o n e r
c h o s e t o s t a y i n t h e p l a c e o f h i s c o n f i n e m e n t notwithstanding the existence
of a calamity or catastrophe enumerated in Article 158 of this Code.

View full document

For additional readings, Check the link below and know about Presidential
Decree No. 968, s. 1976, Happy Reading!
https://www.officialgazette.gov.ph/1976/07/24/presidential
decree-no-968-s-1976/
 • Learning Objectives: At the CA2 (Non-Institutional Correction)
end of this segment
you should be able to:
1. Know the power of the Chief Week 6
Executive to grant executive
clemency and limitation 2.
Familiarize with Act 4221, PD 968,
and Act 4103

• Topics:

⮚ Power of the President to grant Executive clemency and its limitation.

⮚ Act No. 4221
⮚ PD 968
⮚ Act No. 4103
In the Philippines, the pardoning power is vested in the President by Article VII, Sec. 10,
Par. (b) of the Philippine Constitution which states:
“The President shall have the power to grant reprieves, commutations, and
pardons, and remit forfeitures, after conviction for all offenses, except in cases of
impeachment, upon such conditions and with such restrictions and limitations as he may deem
proper to impose. He shall have the power to grant amnesty with the concurrence of the
National Assembly.”
Limitations of the Pardoning Power.

The power of the Chief Executive to grant pardon is limited to the following:

a. Pardon cannot be extended in case of impeachment. (Art. VII, Sec. 10, Par. 2, Constitution of
the Philippines)
b. No pardon, parole, or suspension of sentence for the violation of any election law, may be
granted without the favorable recommendation of the Commission on Elections. (Art. X,
Sec. 2, Par. 2, Constitution of the Philippines).
COLLEGE OF CRIMINOLOGY
c. Pardon is exercised only after conviction.

Note: It is an elementary principal in political law that pardon can only be given after final
conviction. Cases pending trial or on appeal are still within the exclusive jurisdiction of the
Courts, hence, pursuant to the theory of separation of powers, the Chief Executive has no
jurisdiction over the accused.

Act No. 4221

Probation was first introduced in the Philippines during the American colonial period (1898-
1945) with the enactment of Act 4221 on August 7, 1935, by the Philippine Legislature. This
Law created a Probation Office under the Department of Justice. However due to some defects
in its procedural framework, it was declared unconstitutional by the Supreme Court on
November 16, 1937, after barely two years of existence. In 1972, House Bill No.393 intended to
establish a probation system in the Philippines was filed in Congress. This bill avoided the
objectionable features of Act 4221 which was the cause of its declaration as unconstitutional.
The bill was passed by the House of Representatives and was pending in the Senate when
Martial Law was declared, and the Congress was abolished.
Act No. 4221 is unconstitutional because it denies the equal protection of the laws
and constitutes an unlawful delegation of legislative power and, further, that the whole Act is
void: that the Commonwealth is not estopped from questioning the validity of its laws; that the
private prosecution may intervene in probation proceedings.

PD 968

PRESIDENTIAL DECREE No. 968

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR

OTHER PURPOSES. Act No. 4103

[ Acts No. 4103, December 05, 1933 ]

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE

FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF
THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE
SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER
PURPOSES.

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
6. Recognize and Discuss the Sec. 1 Week 7
Art VII, 1987 Philippine Constitution
7. List and Interpret BPP
Operational Procedures:
1.1General Provisions
1.2 Rules in Considering
Parole Cases 1.3 Rules After
Grant of Parole

• Topics: Sec. 1 Art VII, 1987 Philippine Constitution

BPP Operational Procedures:
1.1 General Provisions
1.2 Rules in Considering Parole Cases
1.3 Rules after Grant of Parole

Read and re-read the following topic notes and answer the activities provided in this
 module.
DO YOU STILL REMEMBER?

That 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.
A community-based approach to corrections as a way to decongest the prisons
involves 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.

PAROLE - It is the release of a prisoner from prison after serving the minimum period of his
indeterminate sentence.

What is an example of indeterminate sentencing?

An indeterminate sentence is a sentence that does not assign an amount of jail time. For example, an
indeterminate sentence specifies a range, such as “5 to 10 years,” or “15 years to life,” instead of sentencing
someone to a set number of years in prison.

WHO CANNOT BE GRANTED PAROLE?

Generally, those sentenced to a term of imprisonment of one (1) year or less, or

a straight penalty, or to a prison sentence without a minimum term of
imprisonment.

WHO MAY GRANT PAROLE TO A PRISONER?

The Board of Pardons and Parole, an agency under the Department of

Justice. WHEN MAY A PRISONER BE GRANTED PAROLE?

Whenever the Board of Pardons and Parole finds that there
is a
reasonable probability that, if released, the prisoner will be law-
abiding
and that his release will not be incompatible with the interest and welfare
of society and when a prisoner has already served the minimum penalty of his/her
indeterminate sentence of imprisonment.

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE?

He shall be rearrested and recommitted or returned to prison to serve the
unexpired portion of the maximum period of his sentence.

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
PD 968 - THE PROBATION LAW OF 1976 approved on 24 July 1976;
effectivity date is 3 January 1978
AMENDATORY LAWS TO PD 968
PD 1257 – effectivity date, 01 December 1977; amended the period within
which application for probation must be made
BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for
qualification for probation
PD 1990 - effectivity date, 15 January 1986; amended BP 76 back to the original form
and made probation and appeal exclusive remedies

PROBATIONER is a person placed on probation

PROBATION OFFICER (now Probation and Parole Officer) is one who
investigates for the court a referral for probation or supervises a probationer or
both.

FORERUNNERS OF PROBATION

5. BENEFIT OF CLERGY
This originated in a compromise with the Church which had
maintained that a member of the clergy brought to trial in a King’s
Court might be claimed from that jurisdiction by the bishop or chaplain
representing him, on the ground that he, the prisoner, was subject to the authority of
the ecclesiastical courts only.

6. JUDICIAL REPRIEVE

This is a temporary withholding of sentence, either before or after

judgment; as where the judge is not satisfied with the verdict,
or evidence is suspicious, or indictment is insufficient, or he is doubtful whether the
offense is within the clergy, or sometimes if it is a small felony, or any favorable
circumstances appear in the criminal's character.

7. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

It originated as a measure of preventive justice, involving the release of

the person accused of committing a crime to the custody of
a person of reputable character, who shall have the responsibility of bringing the
accused to court whenever the court requires.

8. TRANSPORTATION

This was chiefly a way of ridding the country of criminals; it later

developed as a plan for supplying new colonies with cheap
labor. It was also an attempt to substitute for brutal punishment at home and an
opportunity for rehabilitation in a new country.
 Penal transportation or transportation was the relocation of convicted
criminals, or other persons regarded as undesirable, to a distant place, often a colony
for a specified term; later, specifically established penal colonies became their
destination. While the prisoners may have been released once the sentences were
served, they generally did not have the resources to return home.

For additional readings, Check the link below and know about Republic
Act No. 10707, Happy Reading!
https://probation.gov.ph/correction-rehabilitation/

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Identify and Recognize PPA Week 10
Omnibus Rules on Probation Methods
and Procedures:
2.5 Full blown Courtesy
Investigation 2.6 Probation Order
2.7 Terms and Conditions of
Probation 2.8 Supervision of
Probationers 2.9 Violation of
Probation

• Topics: PPA Omnibus Rules on Probation Methods and Procedures:

2.5 Full blown Courtesy Investigation
2.6 Probation Order
2.7 Terms and Conditions of Probation
2.8 Supervision of Probationers
2.9 Violation of Probation

Read and re-read the following topic notes and answer the activities provided in this
module. This is continuation of PPA Omnibus Rules on Probation Methods and Procedure.

PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES ON

PROBATION METHODS AND PROCEDURES

Full Blown Courtesy Investigation And Transfer Of Conduct Of Referral Investigation

∙ Section 27. Its Nature and Coverage. - Full Blown Courtesy Investigation (FBCI) is a
General Courtesy Investigation (GCI) from another City or Provincial Parole and
Probation Office which requests for a complete PSIR on a petition for probation pending
referral investigation in the Probation Office of origin. It shall take place when upon
initial investigation it is gathered that, (a) Applicant for probation is a transient offender
in the place of commission of the crime and/or a permanent resident of another place;
(b) He spent his pre-adolescent and/or adolescent life in the province or city of origin;
(c) He attended and/or finished his education thereat; and (d) His immediate family
 members, collateral informants or disinterested persons and officials who can best
authenticate the inter-family relationship, upbringing, behavior of the applicant for
probation in the community are residents of the place of his origin.
∙ Section 28. Transfer of Referral Investigation. - When proper under the immediately
preceding section 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.
∙ Section 29. Transfer to the Executive Judge. - In case of the suitability for probation of
the applicant for probation, it shall be recommended in the PSIR by 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 Officer of said province or city.
Section 30. General Courtesy Investigation. - All other General Courtesy Investigation
(GCI) mentioned in the three (3) preceding sections not falling within the purview of a
FBCI to be conducted by another Probation Office shall be known as Partial Courtesy
Investigation (PCI) which should no longer be brought to the attention of the Trial Court
for the transfer of the conduct of the referral investigation as mentioned in Sec. 27 of
these Rules. To facilitate immediate and thorough investigation of cases, and to save
time, effort and money on the part of the investigating SPPOs, Sr. PPOs, PPOs II, PPOs
I, the GCI which is usually undertaken outside the area of a Probation Office's
jurisdiction (i.e from Manila to Valenzuela, from Manila to Quezon City, from Manila to
Marikina, etc. and vice-versa) shall henceforth, be resorted to, considering the
monstrous traffic nowadays.
Probation Order

∙ Section 31. Period to Resolve the Application for Probation. - The application for
probation shall be resolved by the Trial Court not later than fifteen (15) days from the
date of its receipt of the PSIR.
∙ Section 32. Nature of Probation: Effect of the Grant of Probation. – (a) Probation is but a
mere privilege and as such, its grant or denial rests solely upon the sound of discretion
of the Trial Court. After its grant it becomes a statutory right and it shall only be
canceled or revoked for cause and after due notice and hearing. (b) 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 was allowed
temporary liberty as well as release the custodian on ROR from his undertaking.
∙ Section 33. Effectivity of Probation Order. – A probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the consequence 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. 7 Upon receipt of the Probation Order granting probation the same shall be
entered in a Docket Book for proper recording. An order of denial shall be docketed as
well.
∙ Section 34. Finality. - The Order of the court granting or denying probation shall not be
appealable.
Terms and Conditions of Probation

∙ Section 35. Mandatory Conditions. - A Probation order shall require the probationer: (a)
to present himself to the Probation Office for supervision within 72 hours from receipt of
said order; and
 (b) to report to the assigned SPPO, SrPPO, PPOII or PPOI on case at least once a month
during the period of probation at such time and place as may be specified by the Probation
Office. ∙ Section 36. Other Conditions. - The Probation order may also require the
probationer, in appropriate cases, to:
(a) cooperate with his program of probation treatment and
supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said
employment without prior written approval of the CPPO;
(d) undergo medical, or psychological, or clinical, or drug or psychiatric
examinations and treatment and remain in a specified institution, when
required for that purpose;
(e) comply with a program of payment of civil liability to the
offended party or his heirs, when required by the Trial Court as embodied in its decision
or resolution;
(f) pursue a prescribed secular study or vocational training;
(g) attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
(h) refrain from visiting houses of ill - repute;
(i) abstain from drinking intoxicating beverages to excess;
(j) permit the Supervising Probation Officer on case or an authorized social worker to
visit his home and place of work;
(k) reside at premises approved by the Trial Court and not to change his residence
without prior written approval of said court; and/or 8
(l) satisfy any other conditions related to his rehabilitation into a useful citizen which is
not unduly restrictive of his liberty or incompatible with his freedom of conscience.

∙ Section 37. Indemnification. – (Please see “Guidelines on Payment of Civil Liability”,

Annex “30”, p. 253) Payment for civil liability shall be done using the following modes:
(a) Payment can be given to the Clerk of Court of the Trial Court, who will in return hand
over the sum to the victim who shall issue a corresponding receipt; a copy of which
should be given by the probationer to the Probation Office in order to monitor such
payment;
(b) Payment may be deposited by the probationer to the victim’s account where the
bankbook is kept at the Probation Office to be given to the victim for his proper
disposition; (c) Payment can be effected directly to the victim and the receipt must be
filed in the supervision record of the probationer kept at the Probation Office. Further,
that the practice of giving the
payment to the Supervising Probation Officer on case (or the CPPO) to be remitted to
the victim, although with receipts, should be highly discouraged and discontinued out
rightly.

Supervision of Probationers

∙ Section 38. Purpose. - The primary purposes of probation supervision are: (a) to
ensure the probationer's compliance with the probation conditions specified in the
Probation Order and the prescribed probation treatment and supervision program/plan;
(b) to manage the process of the probationer's rehabilitation and re-integration into the
community; and
(c) to provide guidance for the probationer's transformation and development into a
useful citizen for his eventual reintegration to the mainstream of society.
∙ Section 39. Commencement of Supervision Service. - For purposes of these Rules,
supervision service shall commence on the day of initial interview or reporting of a
probationer. Such fact shall be duly noted in the case notes of the client.

∙ Section 40. Initial Report.-

(a) Upon the probationer's appearance for his initial supervision, the Supervising
Probation Officer on case, or CPPO himself shall: i) give instructions to the client using
PPA Form 4 in order to reinforce probationer’s awareness of the
probation conditions specified in the Probation Order in
a language or dialect understood by him; 9 ii) formulate with the client, the
supervision treatment plan; and iii) carry out other elated activities
(b) Upon receipt of a copy of PPA Form No. 4, and a
copy of the Probation Order on a particular probationer the Probation
Office through the CPPO shall immediately assign the probation
supervision case to his subordinate Probation Officer. 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 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 (PPA Form 8) to the Trial Court.

∙ Section 41. Outside Travel. –

(a) A Probation Officer may authorize a probationer to travel outside his area of
operational/territorial jurisdiction for a period of more than ten (10) days but not
exceeding thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five (5) days
before the intended travel schedule a Request for Outside Travel (PPA Form 7) with said
Office properly recommended by the Supervising Probation Officer on case and
approved by the CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said request shall be
recommended by the CPPO and submitted to the Trial Court for approval.
(d) Outside travel for a cumulative duration of more than thirty (30) days within a period
of six (6) months shall be considered as a courtesy supervision.

∙ Section 42. Change of Residence: Transfer of Supervision. –

(a) A Probationer may file a Request for Change of Residence (PPA
Form 24) with the City or Provincial Parole and Probation Office, citing
the reason(s) therefore this request shall be submitted by the
Supervising Probation Office for the approval of the Trial Court. (b) 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 the probationer is transferred shall
have the jurisdiction and control with respect to him which was
previously possessed by the Court which granted probation.
(c) The receiving City or Provincial and Parole and Probation Office and the receiving
 court shall be duly furnished each with copies of the pertinent Probation Order, PSIR
(PPA Form 3), 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.

∙ Section 43. Absconding Probationer. –

(a) 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 shall be declared by the proper
Office as an absconding probationer. (b) Thereafter said Office shall file with the proper
court a Violation Report (PPA Form 8),
containing its findings and recommendation, duly prepared and signed by the
Supervising Parole and Probation Officer and duly noted by the Chief Parole
and Probation Officer.

∙ Section 44. Modification or Revision of Probation Conditions. – (a)

During the probation supervision period, the Trial Court may motu proprio
or, upon motion by the City or Provincial Parole and Probation Office or by
the probationer or his lawyer.
∙ Section 45. Effectivity and Finality of Modified or Revised Probation Order. – (a) The Trial
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.

VIOLATION OF PROBATION CONDITION

Section 46. Concept. - A probationer's specific act and/or omission(s) constitutive

of a violation of probation condition(s) set forth in the original, modified or revised
Probation Order shall be reported to the Trial Court, taking into account the totality
of the facts and surrounding circumstances and all possible areas of consideration.

∙ Section 47. Fact-Finding Investigation. - Based on reasonable cause

reported by a reliable informant or on his own findings, the SPPO, SrPPO, PPOII, PPOI
concerned or the CPPO himself shall conduct or require the Supervising Probation
Officer on case to immediately conduct a fact-finding investigation on any alleged or
reported violation of probation condition(s) to determine the veracity and truthfulness of
the allegation.
∙ Section 48. Report: Violation of Condition. -
(a) After the completion of the fact-finding investigation, the Supervising Probation Officer on
case shall prepare a violation report thereon containing his findings and recommendations and
submit the same to the CPPO for review and approval.
(b) In some cases, a probationer who has not reported for initial supervision within the seventy-
two (72) hours from his receipt of the Probation Order or within the prescribed period ordered
by the Trial Court or whose whereabouts could not be ascertained notwithstanding best efforts
exerted within a reasonable period of time by the City and Provincial Parole and Probation
 Office shall be immediately reported to the Trial court for appropriate action.
(c) Thereafter, said Parole and Probation Office shall file with the trial court a Violation
Report (PPA Form 8), containing its findings and recommendation, duly prepared and
signed by the SPPO, SrPPO, PPOII, PPOI concerned and duly noted by the CPPO for the
court's resolution.
Section 49. - Violation Report. Its Contents: Signatories and Submission to Trial Court. –

(a) The Violation Report shall include, among others, the following: a
b i) accurate and complete statement of the facts and surrounding
circumstances, c including but not limited to the: (a) nature,
character and designation of the violation;

(b) specific acts and/or omissions constitutive of the violation;

(c) place, date and time of commission or omission;

(d) statements or affidavits of apprehending officers and offended parties

and

(e) other related data and information. (ii) probationer's response, explanation and clarification
duly sworn to before a notary public and other supporting testimonial, documentary and
objective evidence; (iii) findings, assessment and recommendation of the Probation Office. (b)
The Violation Report shall be prepared and signed by the SPPO, SrPPO, PPOII or PPOI
concerned and approved and signed by the CPPO.
∙ Section. 50. Arrest of Erring Probationer. - After having duly considered the nature and
gravity of such reported violation based on the submitted Violation Report, the Trial
Court may issue a warrant for the arrest of the probationer for serious violation of his
probation condition.
Section 51. Hearing of the Violation of Probation. - Once arrested and detained, the
probationer shall immediately be brought before the Trial Court for a hearing of the
violation charged. 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. 12 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 charge. The probationer may be admitted to bail pending such hearing. In such
case, the provisions regarding release on bail of persons charged with the crime or
offense shall be applicable to probationers arrested under this provision.
Section 52. Disposition: Effect of Revocation: Remedy. –

(a) After a serious violation of a probation condition has been established in the
hearing, the Trial Court may order the continuance of the
probationer's probation or modification of his probation conditions
or revoke his probation whichever is proper and just under in
judicial discretion.
(b) If the probation period has been revoked, the Trial Court shall order the
probationer to serve the sentence originally imposed in the judgment of
his case for which he applied for probation. (c) A court order modifying
the probation
conditions as in

Sec. 44 of these Rules or revoking probationer's probation shall not be appealable. However,
it may be correctable by certiorari under the Rules of Court.
 ∙ Section 53. Right to Counsel. - In the hearing or proceeding for violation of probation
conditions, the probationer shall have the right to counsel of his own choice.
∙ Section 54. Representation for the State. - For the Prosecution of serious violation of
probation condition(s), during said hearing or proceeding, the State shall be
represented by the proper prosecuting officer.

For additional readings, search the link below and know about PPA, Happy
Reading!

https://probation.gov.ph/wp-content/uploads/2016/10/Service
Manual.pdf

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Appraise and Critique PPA Week 11
Omnibus Rules on Probation
Methods and Procedures:
2.10 Early Termination
2.11 Probation Aides
2.12 Termination of the
Probation Supervision Case

• Topics: PPA Omnibus Rules on Probation Methods and Procedures:

2.10 Early Termination
2.11 Probation Aides
2.12 Termination of the Probation Supervision Case

Read and re-read the following topic notes and answer the activities provided in this
module. This is continuation of PPA Omnibus Rules on Probation Methods and Procedure.

PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES ON PROBATION METHODS

AND PROCEDURES

EARLY TERMINATION
∙ Section 55. Coverage. - The following probationers may be recommended for the early
termination of their probation period:
1. Those who are suffering from serious physical and/or mental disability such as deaf
mute, the lepers, the crippled, the blind, the senile, 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 supervision designed for their
rehabilitation; (c) Significant improvements in their social and economic life;
(d) Absence of any derogatory record while under probation;
 (e) Marked improvement in their outlook in life by becoming socially aware and
responsible members of the family and community; and
(f) Significant growth in self-esteem, self-discipline and self-fulfillment; Provided, that,
the probationers involved have already served one-third (1/3) of the imposed period of
probation; and provided further, that, in no case shall the actual supervision period be
less than six (6) months.
3. Those who have:
(a) To travel abroad due to any of the following:
(1) An approved overseas job contract or any other similar documents; or (2) An
approved application for scholarship, observation tour or study grant for a period not
less than six (6) months; or
(3) An approved application for immigration.
(4) An approved application to take the Bar and Board Examinations.
(b) To render public service
(1) Having been elected to any public office; or
(2) 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 with/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. Section 56. Procedure. - In the first year of
implementation, the following steps shall be observed to effect
the early termination of probation: 1. The Supervising
Probation Officer on case who exercises direct supervision
over the probationer shall prepare the
motion for the modification of probation, i.e., early termination addressed to the
Court which has control and supervision over the probationer concerned in accordance
with Section 12 of the Probation Law of 1976, as amended. The motion shall bear the
approval of the head of the City or Provincial Parole and Probation Office without
prejudice to the latter taking the initiative for preparing said motion. 14 2. The motion
shall thereafter be forwarded for review and clearance to the Regional Director who
shall act on said motion within a period of three (3) days after receipt of the same. 3.
Should the motion be approved by the Regional Director, the Supervising Probation
Officer on case shall file the same with the Trial Court within two (2) days after receipt
thereof. 4. Should the said motion be disapproved, the same shall be filed in the
supervision case file/record of the probationer for future reference. 5. Should the motion
be approved by the Trial Court, the procedure for termination, due to successful
completion of probation specified in the Rules shall apply.

Probation Aides
∙ Section 57. Qualifications: Functions. –
(a) The Probation Aides must be citizens of good repute and probity, at least 18 years of
age on the date of appointment, at least highschool graduates and preferably residence
of the same locality or community covering the place of residence of the probationer
and/or the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI.
(b) Probation Aides may be requested to assist the CPPOs, SPPOs, and SrPPOs, PPOsII,
and PPOsI in the supervision of probationers, assigned up to a maximum case load
 subject to administrative and technical supervision by the above-mentioned Probation
Officers, prepare records of their activities and accomplish related reports and prompt
submission thereof; and undertake other related activities. They may be designated to
identify, generate, tap local community resources or conduct such activities on skills
training and sports and cultural programs for clients.

∙ Section 58. Appointment: Term of Office. –

(a) Probation Aides shall be appointed by the Probation Administrator or through
authority delegated to the Regional Directors within their
respective areas of responsibility upon the recommendation of
the CPPOs.
(b) Probation Aides so appointed may hold office during good behavior for a
period of two (2) years, renewable at the end of each period; provided, that,
the appointing authority may at any time terminate the services of Probation
Aides for unsatisfactory
performance for at least two (2) consecutive semesters as
determined by the proper Offices and/or for other lawful and valid cause(s). Thereafter,
his reinstatement shall be determined by his display of good behavior as determined by
collateral informants and the appointing authority. 15

∙ Section 59. Caseload. –

∙ (a) In assigning probation supervision caseload(s) to the Probation Aides, the Probation
Offices shall duly consider their respective qualifications, length of service, work
accomplishments, and other related criteria. And, as to maximum supervision caseload
to be given to them, the Probation Office should, exercise utmost prudence and caution.
∙ (b) The maximum supervision caseloads of a Probation Aide at any given time, shall be ten
(10) probationers on minimum case classification or three (3) probationers on maximum
case classification in addition to other duties.

Termination of The Probation Supervision Case

∙ Section 60. Grounds. - The probation supervision period may be terminated on any of the
following grounds:
(a) successful completion of probation;
(b) probation revocation for cause under Section 49 (a-c) of these Rules;
(c) death of the probationer;
(d) early termination of probation; or
(e) other analogous cause(s) or reason(s) on a case-to-case basis as recommended by
the probation Office and approved by the trial court.
∙ Section 61. Termination Report. - The City and Provincial Parole and Probation Office
shall submit to the Trial Court a Probation Officer’s Final
Report (PPA Form 9) thirty (30) days before the expiration of
the period of probation embodying, among others, the
following: (a) brief personal circumstances of the probationer;
(b) brief criminal circumstances about his case (i.e. criminal case number,
court, branch, period of probation, initial and last date of probation)
(c) prescribed probation treatment and supervision program;
(d) probationer's response to the treatment plan/program;
(e) recommendation to discharge the probationer from probation and the restoration of
all his civil rights.
(f) such other relevant and material facts and information which may be required by the
 Trial Court.

∙ Section 62. Final Discharge. - After expiration of the original or extended probation period
and based on due consideration of the POs final report, the Trial Court may
order the final discharge of the probationer upon finding that he has
fulfilled the probation terms and conditions and, thereupon, the probation
supervision case is deemed terminated. Section 63. Legal Effects of Final
Discharge: Termination Order. –
(a) The final discharge of a probationer shall operate to restore to him all civil
rights lost or suspended as a result of his conviction and to fully discharge his
liability for any fine imposed as to the crime or offense for which probation was
granted without prejudice
to his civil liability. It is hereby understood that, the probationer's political rights
are not lost or suspended even during the probation period.
(b) The probationer and the probation office shall be promptly furnished with copies of
such final discharge or Termination Order.
For additional readings, search the link below and know about PPA, Happy
Reading!

https://probation.gov.ph/wp-content/uploads/2016/10/Service
Manual.pdf

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Relate on Enhancing role of the Week 12
community in Corrections

• Topics: Enhancing the role of the community in Corrections

1. What do our law say?
2. In compliance with these laws, what is our government doing?

The Philippine Constitution mandates that:

1. The “prime duty of government is to serve and protect the people”

(Section
4, Article II); and

2. “The maintenance of peace and order, the protection of life, liberty and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy” (Section 5, Article II)
In pursuit of these two mandates, the Constitution also explicitly states that “the State
shall encourage non-governmental, community-based, or sectoral organizations to promote the
welfare of the nation” (Section 23, Article II)
From these Constitutional readings, it is very clear that the community pillar of the
criminal justice system has been a constitutionally ingrained all-important role in the
 administration of justice. That in the exercise of this role, the community-based Non-
Governmental Organizations and People’s Organization are community organized, are to play a
crucial role in the service and protection of the people. The maintenance of peace and order, in
the protection of life, liberty and property and in the promotion of the general welfare are
essential for the enjoyment of the blessings of democracy.
The framers of the 1987 Constitution, many of whom are activist street parliamentarians
in the anti-dictatorship campaign to oust Marcos from the seat of power has realized the
importance of People Power and the need to have this institutionalized as a method of
governance, as the way to prevent the return of authoritarian regimes.

But more than this phobia which have prompted the constitutional commissioners to give
importance to the people is the fact that the active and organized participation of the people in
the affairs of government whose decisions affect them. This right is a necessary ingredient to
prevent misgovernment and ensure that the people’s opinions are considered in decision
making. This is the essence of democracy if we follow its accepted definition that it is a
government of the people, by the people and for the people.

The Supreme Court has laid down the philosophy thereof:

“The role of non-governmental organizations or what we may call, in a way, the

mobilized sector of the community pillar in the criminal justice system cannot be
overemphasized vis-à-vis their telling impact on the rest of the criminal justice
system. In the absence of a militant public to exert pressure on prosecutors, judges
and all personnel to speedily prosecute cases” nothing will happen.

Our Rervised Medium Terms Development Plan for 2001-2004 has singled out the
organization and empowerment of the community as the most effective antidote to violence
and crime. There can never be a surer way to reform than that which comes from the
community itself. And there is no power more feared by the criminal elements than an
organized, active and militant empowered community.

2. In compliance with these laws, what is our government doing?

✔ The President who succeeded the late President Marcos, Corazon C. Aquino, has made
People Power the center piece of her administration. The next president who succeeded
her, Fidel V. Ramos, in return also adopted as the call of his administration, People
Empowerment. This concept of mobilizing empowered communities to push country’s
development agenda including
the control of crime has been continuing to this day. It is however, unfortunate that
after almost seventeen years the blueprint has not completely been carried out with.
✔ On the economic front, our country continues to be a minor contender in Asia. In the
peace and order front, we continue to be the forerunner. We have three Muslim separatist
 groups that continue strongly challenge our government despite massive military campaign
against them; the Moro National Liberation Front-Renegade group under
Nur Misuari, the Moro Islamic Liberation Front and the Abu Sayaff that
continue to mock and laugh at our military despite the training and
assistance they received from the United States military. In all the other
areas of the country, the Communist Party of the Philippines New People’s
Army-National Democratic Front (CPP-NPA-NDF) continue to wage the
longest running Marxist insurgency in the world. And most alarming of all,
despite its
recent split factionalism, it was able to consolidate its forces and
now is beginning to grow. ✔ Not only that, we also have become the
Columbia of Asia in terms of the magnitude of the drug problem. Drug addicts are now in
every nook and cranny of this country not sparing even the remotest barangays.

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Relate on Enhancing role of the Week 13
community in Corrections

• Topics: Enhancing the role of the community in Corrections

3. Improving offender-family relations to improve treatment
4. How do we harness the community for corrections work?

3. Improving offender-family relations to improve treatment

✔ The family is the basic unit of society. Whatever the fate befell the
family also befell society. If the family is in trouble, so too, is society in
trouble. If it is ruined, society is also ruined.
✔ Criminological trends worldwide unmistakably show that
social services and corrections are undergoing a paradigm shift-from the
individual offender to the family of that offender as the focus in the
treatment of offenders. The family also suffers for the incarceration of a member.
Positively involving them in corrections would surely increase the success of
rehabilitation and treatment. In order to succeed in enlisting the family, however, we
should not be negative-minded invoking only the weaknesses of the family and not its
strengths. In such case, progress will not be made, but will only become an impediment
to effective corrections work.
4. How do we harness the community for corrections work?

✔ It is truly lamentable that the communities comprising Philippine Society

today can no longer be considered communities in the strictest sense of the
word. The concept of bayanihan has become a thing in the past. Yes, we
continue to cherish bayanihan but we no longer practice it. There is so much
disunity, backbiting, jealousy, and pride towards one another. Neighborhoods
no longer exist. We have become
afraid to be our brother’s keepers so that crimes continue to
proliferate even in broad daylight. Criminals know that most of the people become a
bunch of cowards that they ply their dastardly acts will stands as witness against them
 in court. And for the few exceptions, the law even has to pass a Witness Protection
Program to protect witnesses against criminals who have become too bold.

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Relate on Enhancing role of the Week 14
community in Corrections

• Topics: Enhancing the role of the community in Corrections

5. Media plays an important role
6. Instilling spirituality and moral recovery program as one way of reforming the
offender and society Read and re-read the following topic notes and answer the activities
provided in this module.

5. Media plays an important role

✔ Success or failure of corrections work will always be measured in terms
of public perception. Success in this arena can greatly make possible the
availability of financial, material and human resources necessary to carry
on the
work. Corrections officers who neglect cultivating this
public will surely face difficulties, which eventually will exhaust the
energy and effectiveness of corrections officers to succeed in their
work. Many corrections programs with exciting potentials to succeed
miserably failed because of the resistance of public policy that was
brought about the resistance of public opinion. Good public policy is
essential for the success of any program much more so in the
corrections pillar.
✔ But most of the time, solid public opinion is more of liquid perceptions that were
emotionally influenced and shape by media. This bring us to the important role that
media plays and the fact that media must not be forgotten
or set aside in corrections work. Sensational media stories,
which are also, fueled by more by the subjective emotions
rather than concrete and professional analysis can make
knee-jerk recommendations to solve the problems of
criminality.
6. Instilling spirituality and moral recovery program as one way of reforming the offender
and society

✔ It is an accepted fact that society is also responsible for the incidence of

crime. When our social values are eroded, people lose any compunction to
commit crime. To prevent crime, it is a must that its breeding ground, the
society, be cleansed.
✔ At this time when Philippine society has been so influenced by the moral
depravity and decadence of Western civilization, the only way to counter this is
through a morality renewal that will target the entire society.
✔ Institutionalizing and intensifying a moral regeneration program in society
that will target the very young can achieve correcting society as a means to correct
 criminals. The
curriculum in the schools for values education is a passive one; it is not enough to
make our people morally upright.
Self-Learning Activities
Done reading the topic notes? (Re-read it if you want to come up with a better
output.) The following activities will assess your learnings of this module. Let’s
start, good luck!

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Relate on Enhancing role of the Week 15
community in Corrections

• Topics: Enhancing the role of the community in Corrections

7. The schools should complement the Church
8. The business community should also be tapped to provide livelihood in
and outside prisons Read and re-read the following topic notes and answer the
activities provided in this module.
7. The schools should complement the Church
✔ Another social institution that should be tapped in the rehabilitation of
offenders and also the rehabilitation of society are the schools.
✔ The Schools shall not only teach the youth subjects that will enable them to
acquire skills such as reading, writing, science, technology and math subjects.
It is also important that students are taught values of makatao, makanayan,
makakalikasan and
maka-Diyos. These teachings will go a long way towards making a man
law-abiding. ✔ One good example of such a program is the Teens, Crime and the
Community (TCC) introduced in the United States in 1985 by the National Crime
Prevention Council and Street Law Inc. Through the combination of education and
community action, TCC has reached out more than 1000 schools, communities and
juvenile justice facilities nationwide since its creation. TCC makes the youth to
understand the effect of crime on the community and how to prevent it. TCC uses
positive reinforcement that avoids labeling the youths as “delinquents” or “deviants,” and
instead focuses on making the youths aware of the impact of crime on their schools or
neighborhood then challenging them to come up with action project to deal with the
problem.

8. The business community should also be tapped to provide livelihood in and outside
prisons

✔ The business community is a highly valuable partner in the rehabilitation and

treatment of convicted offenders. It has everything needed for an effective
corrections work: funds, human resources, skills, product, employment, etc.
and it will be valuable in training inmates and giving them life skill experiences
that will surely prove valuable in their effort to successfully reenter society
upon release.
 ✔ In the United States, Congress established the Prison Industry Enhancement
Certified Programs (PIECP) in 1979 to encourage state and local governments to
create inmate employment opportunities and to establish commerce within the
prison environment. This program allows prison industries to market to
interstate and intrastate consumers. This program enabled business to become
active in corrections work.
9. More recommendations for more effective community pillar in corrections work

✔ In the light of the implementation of the General Agreement on Tariff and Trade
worldwide, privatization will now become the rule of the day. Government will be
barred from providing services to the people because this should only be done by
private business. Along this line,
government owned or controlled corporations like PETRON, PAL, PNB, MWSS
and many others have already been privatized. So many government
hospitals. Soon, state colleges and a.
✔ Then after that, the National Housing Authority, the National Food Authority,
the National Power Corporation will also follow. The National Printing Office
and 13 other government agencies have already been abolished, outwardly
because of purported
lack of funds but in truth, it is more in keeping with globalization
and its concomitant privatization. Soon the Department of Social Welfare and many
others will be abolished too. Eventually, even the prisons will not be spared this
privatization fever

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. State and Identify Republic Act Week 16
No. 9344 or known as Juvenile
Justice and Welfare Act.

• Topic: Republic Act No. 9344

*Juvenile welfare council created under Department of Justice
President Gloria Macapagal Arroyo signed Republic Act 9344 or the Juvenile Justice and
Welfare Act of 2006 last April 28 without formal ceremonies before the 30- day
prescription period lapsed.
Under the law, children 15 years old and below would be exempted from criminal
liability while youth offenders aged 15 to 18 years old could only be criminally charged if they
committed the crime with discernment.
It also provides the immediate turnover of children in conflict with the law to social
workers upon apprehension.
If detention is necessary, the youth offenders would be transferred to youth detention
homes set up by local governments and non-government organizations.

The law also created also create the Juvenile Justice and Welfare Council (JJWC) under
the Department of Justice (DOJ) that would oversee its implementation and advice the
President regarding the protection of youth offenders.
 With a DOJ Undersecretary as head, the JJWC would be composed of
representatives from the Department of Social Welfare and Development, Council
for the Welfare of children, Department of Education, Department of Interior
and Local Government, Commission on Human Rights, National Youth
Commission, and two representatives from the private sector.

The new body will also periodically develop a comprehensive three-to five-year national
juvenile intervention program in coordination with concerned government agencies and non-
government organizations.
It will also formulate and recommend policies for the administration of justice and the
prevention of juvenile delinquency as well as for the treatment, rehabilitation and reintegration
of the children in conflict with the law.
An initial amount of 50 million pesos was set aside for the creation of JJWC. The law also
exempts aged 18 years old and below from prosecution for the crime of vagrancy and
prostitution, mendicancy and sniffing of rugby. Instead, they would be subjected to counseling
and treatment programs.
Authorities were also prevented from branding children as young criminals, juvenile
delinquents, prostitutes or any other derogatory names with respect to the child’s class or
ethnic origin.

Any person who violates the law would be fined not less than 20,000 pesos or suffer
imprisonment of not less than eight years. If the offender is a public officer or employee, in
addition to the fine and imprisonment, he will be held administratively liable
and may be dismissed from office.

JUVENILE JUSTICE AND WELFARE COUNCIL

Department of Justice
DOJ Building, Padre Faura St., Ermita, Manila

COUNCIL RESOLUTION NO. 4

Series of 2006

SUBJECT: RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT

NO. 9344, OR THE “JUVENILE JUSTICE AND WEFARE ACT OF 2006”

The Juvenile Justice and Welfare Council, pursuant to Section 69 of Republic Act No.
9344, An Act Establishing A Comprehensive Juvenile Justice and Welfare System, Creating the
Juvenile Justice and Welfare Council Under the Department of Justice, Appropriating Funds
Therefore And For Other Purposes (the “Act”), issues the following implementing rules and
regulations:

PART 1
OVERALL PROVISIONS
Rule 1. Title and Purpose these rules will be known and cited as the “Rules and
Regulations Implementing Republic Act No. 9344” (the “Rules”)
These Rules are promulgated to prescribe the procedures and guidelines for the implantation of
the Act.

Rule 2. Declaration of State Policy

a. The State shall apply the principles of restorative justice in its all laws, policies and
programs applicable to children on conflict with the justice.
Rule 3. Construction

Rule 4. Definition of Terms

Rule 5. Rights of the child in conflict with the law.
Rule 6. Principles of Restorative Justice.

Restorative justice refers to a principle that requires a process of resolving conflicts with the
maximum involvement of the victim the offender and the community. It seeks to achieve the
following:
a. Reparation for the victim;
b. Reconciliation of the offender, the offender and the community;
c. Reassurance to the offender that her/she can be reintegrated into society; and d.
Enhancement of public safety by activating the offender, the victim and the community in
prevention strategies.
Rule 7. Children of Indigenous Cultural Communities/Indigenous Peoples
(ICC/Ips) Consistent with Section 15 of Republic Act No. 8371 or “The Indigenous
Peoples Right Act of 1997,” ICC/IPs shall, in dealing with children in conflict with the law,
have the right to use their own commonly accepted justice systems, conflict resolution
institutions, peace building processes communities and as may be compatible with the national
legal system and with internationally recognized human rights.

Self-Learning Activities
Done reading the topic notes? (Re-read it if you want to come up with a better
output.) The following activities will assess your learnings of this module. Let’s
start, good luck!

• Learning Objectives: At the CA2 (Non-Institutional Correction)

end of this segment
you should be able to:
1. Classify and organize the Juvenile Week 17
Justice and Welfare Council and
Local Councils for the Protection
of Children

• Topics:
PART II-JUVENILE JUSTICE AND WELFARE COUNCIL
PART III-LOCAL COUNCILS FOR THE PROTECTION OF CHILDREN

Read and re-read the following topic notes and answer the activities provided in this
module.
Rule 8. The Juvenile Justice and Welfare Council (JJWC), created under Section 8 of the
 Act, shall ensure the effective implementation of the Act, including these Rules.
In fulfillment of this mandate, the JJWC shall ensure the effective coordination
among the following agencies, the duties and responsibilities of which are found
in Part XVII of this Rules:
a. Council for the welfare of Children;
b. Department of Education;
c. Department of Interior and Local Government;
d. Public Attorney’s Office;
e. Bureau of Corrections;
f. Parole and Probation Administration;
g. National Bureau of Investigation;
h. Philippine National Police;
i. Bureau of Jail Management and Penology;
j. Commission on Human Rights;
k. Technical Education and Skills Development Authority;
l. National Youth Commission; and
m. Other institutions focused on juvenile justice and intervention programs, as may be
determined by the JJWC.
Rule 9. Composition
As provided in Section 8 of the Act, the JJWC shall be composed of the
representative of the following departments or agencies:
a. Department of Justice (DOJ);
b. Department of Social Welfare and Development (DSWD);
c. Department of Education (DepEd);
d. Department of Interior and Local Government (DILG);
e. Council for the Welfare of Children (CWC);
f. Commission on Human Rights (CHR);
g. National Youth Commission (NYC); and
h. Two (2) representative from non-government organizations (NGOs), one to be designated
by the Secretary of Justice and the other to be designated by the Secretary of Social
Welfare and Development.

Rule 10. Administration and Organization of the JJWC

Rule 10a. Attachment and administrative supervision
The JJWC is attached to the DOJ and placed under its administrative
supervision. As such, the DOJ has the authority to:
1. Generally, oversee the operation of JJWC and ensure that it is managed effectively,
efficiently and economically;
2. Manage the secretariat for the JJWC;
3. Require the JJWC to submit periodic reports, such as those reflecting the progress of its
programs and projects;
4. Cause the conduct of management audit, performance evaluation and inspection of the
JJWC to determine its compliance with policies, standards and guidelines of the
Department; 5. Take such action as may be necessary for the performance of official
function, including rectifications abuses and other forms of misadministration by its
personnel;
6. Review and pass upon the budget of the JJWC; and
 7. Call all regular and special meetings of the JJWC;

Rule 10.b. Chairperson of the JJWC

As provided by Section 8 of the Act, the JJWC shall be chaired by the DSWD
through and Undersecretary appointed by the Secretary of Social Welfare and
Development. As the JJWC chair, the DSWD shall:
1. Preside over all regular and special meetings of the JJWC;
2. Closely monitor the programs of the JJWC;
3. Represent the JJWC in conferences, meetings and other programs; and
4. Sign communications for the JJWC. In the absence of the chairperson, the JJWC shall be
chaired by the DOJ.
Rule 10.c. Organizational Structure and Staffing Pattern
As provided in Section 8 of the Act, the Secretary of Justice and
Secretary of Social Welfare and Development shall determine the organization
structure and staffing pattern of the JJWC, which include the JJWC, which
include the JJWC secretarial. The secretariat shall among other functions to be
determined by the JJWC:
1. Prepare the periodic reports of the JJWC;
2. Prepare the budget of the JJWC; and
3. Invite resource persons in the meetings and programs of the JJWC.

The Secretary of Justice shall appoint the officers and staff of the JJWC secretariat upon a
favorable recommendation of the JJWC.

Rule 10.d. Designation of Representative of the JJWC

The concerned department of agency heads shall not be lower than director,
except in the case of the NYC, whose representative must have the rank of the
least commissioner. The heads of the concerned department or agencies shall
name a
permanent and un alternate representative, respectively with ranks of at least Undersecretary
and Directory, who shall regularly attend meetings and programs of the JJWC.

Rule 11. Duties and Functions of the JJWC

Rule 11.a. Implementation of the Act
The JJWC has the duty to oversee the implementation of the Act and all the
Rules issued in relation thereto. Pursuant to this duty, it shall:
1. Coordinate the implementation of the juvenile intervention programs and activities which
may have an important bearing on the success of the entire national juvenile
intervention program. All programs relating to juvenile justice and welfare shall be
adopted in consultation with the JJWC.
2. Call the attention of the Department and agencies concerned to perform their respective
duties and responsibilities under the Act and these Rules and assist them if necessary to
ensure the effective implementation of the Act.
3. Mobile resources and call upon government agencies as well as provided organizations to
provide resources assistances to support the implementation of the act.

The JJWC shall regularly conduct meetings and submit an annual report to the President on the
implementation of the Act. The annual report shall include, among others:
1. Identification of the strengths and weaknesses in the implementation of the Act; 2.
Appraisal of the performance of the government agencies in relation to their duties and
 responsibilities under the Act; and
3. Recommendations on how to improve the implementation of the Act and the
administration of the juvenile justice and welfare system.
The JJWC shall prescribe a common reporting form for all the agencies under Rule 8 to facilitate
the preparation of the Annual Report. The JJWC shall also perform such other functions as may
be necessary to implement the provisions of the Act.

Rule 11.b. Advisory Function

The JJWC shall advise the President on all matters and policies relating to
juvenile justice and welfare. It shall bring to the attention of the President the
gaps in existing policies and recommend appropriate remedial legislation or
other policy measures that address these gaps.

Rule 11.c. Policy Formulation and Program Development

The JJWC shall periodically develop a Comprehensive National Juvenile Intervention Program, as
provided in Rule 17 herein. It shall formulate and recommend policies and strategies in
consultation with children for the prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the children in conflict in conflict with
the law.

The JJWC shall also set the criteria that LGUs must meet in establishing their respective
community-based programs for the rehabilitation and reintegration of children in conflict with
the law.

Rule 11.d. Research and Evaluation

The JJWC shall collect relevant information and conduct continuing research
support evaluations and studies on all matters relating of juvenile justice and
welfare, such as, but not limited to the:
1. Performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;
2. Periodic trends, problems and causes of juvenile delinquency and
crimes; and 3. Particular needs of children in conflict with the law in
custody.

A data banking system for all data needed in the evaluation and improvement of the
administration of juvenile justice and welfare system shall be developed and maintained by the
JJWC.

The JJWC shall set up a mechanism to ensure the children are involved in research and policy
development.

The JJWC shall also receive and evaluate the assessments submitted by provincial and city
governments on the implementation of the comprehensive juvenile intervention programs as
provided in Section 18 of the Act and Rule 18 herein.

Rule 11.e. Inspection

The JJWC, through duly designated persons and with the assistance of the agencies under
Section 8 of the Act (Rule 9) shall conduct regular inspections in detention and rehabilitation
and rehabilitation facilities and to undertake spot inspections on their own initiative in order to
check compliance with the standards provided in the Act and the Rules and to make the
necessary recommendations to appropriate agencies.

Rule 11.f. Assistance to Agencies

The JJWC shall, pursuant to Section 10 of the Act, assist the concerned government agencies in:
1. Reviewing and enhancing existing policies/regulations or in the formulation of
new ones in line with the provisions of this act and Rules; and
2. Formulating their respective policies and procedures consistence with the
standards set in the law and in modifying the same upon the completion of the
national juvenile intervention program as provided in Rule 14.

The JJWC shall also initiate and coordinate the conduct of

trainings for the personnel of agencies involved in the administration of the juvenile justice and
welfare system.

The JJWC shall be informed by the DSWD in cases where licensed and accredited private and
non government organizations establish Youth Detention Homes as provided under Section 49
of the Act and Rule 76 herein.

Rule 12. Coordination with the Court

To ensure the realization of its mandate and the proper discharge of its
duties and functions, the JJWC shall coordinate with the Office of the
Court Administrator and the Philippine Judicial Academy by inviting
resource persons from these office during consultation meetings.

Rule 13. Non-Government Organizations

Rule 13.a. Designation of Representatives
Two (2) representatives from non-government organizations (NGOs) shall serve as members of
the JJWC, one representative to be designated by the Secretary of Justice and the other to be
designated by the Secretary of Social Welfare and Development.

Rule 13.b. Qualifications

An NGO, to be designated as member of the JJWC, must be involved in child related advocacy
or work of at least two (2) years prior and up to the time of designated. The additional
qualifications of the NGOs shall be respectively determined by the Secretaries of Justice and of
Social Welfare and Development.

Rule 13.c. Term

Each NGO representative designated under Rule 13.a. shall have a term of two (2) years. In the
event a representative is not able to complete the prescribe term, the Secretary designating
such representative shall designate another NGO to serve the unexpired portion of the term.

An NGO representative, even one that is not able to complete the term of two years, cannot be
appointed to the JJWC for two consecutive terms.

Rule 14. Policies and Procedures on Juvenile Justice

All government agencies enumerated in Section 8 of the Act (Rule 8) shall, with the assistance
of the JJWC and within one (1) year from the effectivity of this Act, draft policies and
procedures consistent with the standards set in the Act. The policies and procedures of all
government agencies shall promote a common and conscious understanding of issues
concerning juvenile justice and welfare, be consistent and avoid duplicating or contradicting
policies that result to confusion. As such, the following shall be observed in
the drafting, formulation or development of such policies and procedures:
a. Policies and procedures on juvenile justice and welfare
of all government agencies enumerated in Section 8 of
the Act shall not only be consistent with the standards
set in the law but also with National Juvenile Intervention Program as provided
under Rule 17 below and Section 9 (d) of the Act.
b. Each government agency shall see to it that its policies and procedures are
consistent with that of other government agencies.
c. If the standards set in the Act require the involvement of several government
agencies enumerated in Section 8 of the Act, only a single policy and/or procedure
pertaining to those standards shall be issued. The lead agency shall be identified by
the JJWC.
d. In the event that policies and procedures of a government agency not enumerated in
Section 8 of the Act affect the juvenile justice and welfare system, the concerned
government agency shall seek the assistance of the JJWC.

The participation of children in the program and policy formulation and implementation relating
to juvenile justice and welfare shall be ensured by each government agency.

Part III
Local Councils for the
Protection of Children

Rule 15. Local Councils for the Protection of

Children
Rule 15.a. Establishment
All levels of local government shall have Local Councils for the Protection of Children (LCPCs) as
provided in Section 15 of the Act. The LCPC in each level of local government unit (LGU) is:

1. Province- Provincial Council for the Protection of Children (PCPC);

2. City- City Council for the Protection of Children (CCPC);
3. Municipality- Municipal Council for the Protection of Children (MCPC); and
4. Barangay- Barangay Council for the Protection of Children (BCPC).

In LGUs where LCPCs are not yet established, the concerned LGU shall immediately establish
LCPC upon the effectivity of the Act and ensure that it is performing its duties and
responsibilities as provided in these Rules.
Where they have established, the LCPCs shall be strengthened by their respective LGUs.

Rule 15.b. Funding for LCPCs

Each Barangay, municipality and city shall appropriate in its annual budget one
percent (%) of its annual internal revenue allotment (IRA) for the
strengthening and implementation of the programs of the LCPC, as provided in
Section 15 of the Act.

The LGU concerned shall be responsible for the disbursement of the funds
provided by existing laws. Funds disbursed by LGUs on current programs of the
LCPC shall be deemed as appropriate disbursement under Section 15 of the Act. However, the
one percent (%) IRA allocation under in this Rule is different from the budget disbursed by the
LGUs for social services.

Rule 15.c. Membership

As provided in Section 15 of the Act, membership in the LCPC shall be
chosen from among the responsible members of the community, including
a representative from the youth sector, as well as representatives from
government and private agencies concerned with the welfare of children.
Pursuant to DILG Memorandum Circular No.

Memorandum Circular No. 2002-121, the LCPC in each level of LGU shall be
composed of: 1. PCPC
Chairperson- Provincial Governor
Members- Sangguniang Panlalawigan Member
(Chairperson, Committee on Women and Family)
DILG Provincial Director
Provincial Social Welfare and Development Officer
Provincial Labor and Employment
Officer
Division Superintendent of DepEd
Provincial Planning and Development
Officer
Provincial Budget Officer
Provincial Health Officer
Provincial Nutrition Officer
Provincial PNP Director
Provincial Commander, AFP
Provincial Treasurer
President, League of Municipalities
Provincial SK Federation President
Child Representative
At least three (3) representative of NGOs
2. CCPC and MCPC
Chairperson- City/Municipal Mayer
Members- Sangguniang Panlungsod/Pambayan Member
(Chairperson, Committee on Women and Family)
DILG City/Municipal Field Officer
City/Municipal Social Welfare and
Development Officer
Division Superintendent/District Supervisor of
DepEd
Local Labor and Employment Officer
City/Municipal Planning and Development Officer
City/Municipal Budget Officer
City/Municipal Health Officer
City/Municipal Nutrition Officer
City/Municipal PNP Director
City/Municipal Treasurer
City/Municipal LIGA ng mga Barangay President
 City/Municipal SK Federation President
Parent-Teachers Association (PTA) President
Child Representation
At least three (3) representatives of the NGOs
3. BCPC
Chairperson- Punong Barangay
Members- Barangay Kagawad (Chairperson on Women and Family)
Barangay Nutrition Scholar
Barangay Day Care Worker
Barangay Health Nurse/Midwife
Barangay Health Worker
DepEd Principal/Teacher-in-charge
Chief Tanod
SK Chairperson
Child Representative
PTA President or his/her representative
NGO Representative
Membership in the LCPC shall be subject to review and amendment of the DILG through
appropriate issuances.
Rule 15.d. Duties and Responsibilities of the LCPC
All LCPCs shall:

Rule 15.e. Responsibility of BCPC Members

Self-Learning Activities
Done reading the topic notes? (Re-read it if you want to come up with a better
output.) The following activities will assess your learnings of this module. Let’s
start, good luck!

References

https://www.manilatimes.net/2015/10/03/legal-advice/dearpao/convicts-can-
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XNpzpz3 3vQ0r15FQ
https://everythingwhat.com/who-is-the-father-of-philippine-probation

https://en.wikipedia.org/wiki/Matthew_Davenport_Hill

https://probation.smcgov.org/history-probation

https://probation.gov.ph/correction-rehabilitation/

https://en.wikipedia.org/wiki/Penal_transportation