PROBATION

I. Concept and its development:

The term Probation was coined by John Augustus. In its inception, the word probation was
originated from Latin verb “probare” which means……. to prove or to test.

Section 4. Definition of Terms. - As used in these Rules, unless the context provides
otherwise, the following terms shall be construed, thus:
(a) "Probation" - a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the Trial
Court and to the supervision of a Probation Officer;
(b) "Petitioner" - a convicted defendant who files an application for probation;
(c) "Probationer" - a person who is placed under probation;
(d) "Probation Officer" - public officer like the Chief Probation and Parole Officer
(CPPO), Supervising Probation and Parole Officer (SPPO),
Senior Probation and Parole Officer (SrPPO), Parole and
Probation Officer II (PPOII), or Parole and Probation
Officer I (PPOI), who investigates for the Trial Court a
referral for probation or supervises a probationer or does
both functions and performs other necessary and related
duties and functions as directed;
(e) "Trial Court" - refers to the Regional Trial Court (RTC) of the Province or
City/Municipal Court which has jurisdiction over the case;
(f) "Probation Office" - refers either to the Provincial or City Probation Office directed to
conduct investigation or supervision referrals as the case may be;
(g) "Probation Order" - order of the trial court granting probation.

The appearance of the above-mentioned Parole and Probation Administration (PPA)

officials, upon written invitation or order of the Trial Court, may be on issues on probation
services
only not on legal questions, the latter issue being within the province of the courts to decide or
resolve.
Section 5. Amicus Curiae - Upon written invitation by the Trial Court, the Administrator
and/or Deputy Administrator, for the Agency Level, Regional Director, for the Regional Level,
Chief
Probation and Parole Officers for the City or Provincial Level may appear as amicus curiae on
any
probation investigation and supervision issue, concern or matter.

Presidential Decree No. 968, defines probation as, "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." This decree took effect on January 2, 1978.

PIONEER of PROBATION
1. Matthew Davenport Hill (18th-century) - English barrister and judge who practiced release
for individuals who did not seem hopelessly corrupt if the offenders demonstrated a promise
for rehabilitation, they were placed in the hands of generous guardians who willingly took
charge of them.
2. John Augustus (19th century) - a cobbler who attended police court to bail out a "common
drunkard," the first probationer. John Augustus, the "Father of Probation," is recognized as
the first true probation officer.

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Related laws in the Development of Adult Probation in the Philippines

Act no. 4221(1935)- established the first adult Probation in the Philippines during the
American colonial period August 7, 1935 created a Probation Office under the Department of
Justice
1937. The SC declared the Probation Law unconstitutional, in the case of People v. Vera,
because of some defects in the procedural framework.

PD 968 (1976)- was signed into Law by the President Ferdinand Marcus, Reestablishing
Adult Probation in Phil. The Probation Law of 1976. On January 3, 1978, the probation
system started to operate created Probation Administration.

defines probation as "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 1527 (1977)- amending certain sections of presidential decree numbered nine hundred
and sixty-eight, otherwise known as the probation law of 1976. particularly section 4,7, 15 of
PD 968 dated 1997.

PD 1990 (1985)- amending presidential decree no. 968 otherwise known as the probation law
of 1976. particularly section 4 and 9 of PD 968.

EO 292 (1989)- Renamed the Probation Administration into “Parole and Probation
Administration”. This gave an added function of supervising prisoners who, after serving part
of their sentence in jails are released on parole, pardon with parole conditions.
 It has a mandate of merging supervision.
The investigation and supervision of First Time Minor Drug Offenders (FTMDO)
placed under suspended sentence became another added function of the
Administration pursuant to Sections 66 – 70 of Republic Act 9165.

RA 9165 (2002)- an act instituting the comprehensive dangerous drugs act of 2002, repealing
republic act no. 6425, otherwise known as the dangerous drugs act of 1972. Related Sections
to probation 12, 14, 17, 70.

RA 10389 - (Recognizance Act of 2012). An act providing institutionalizing recognizance as a

mode of granting the release of an indigent person in custody as an accused in a criminal case
and for other purposes.

a. given the responsibility of monitoring and evaluating the activities of the person
released on recognizance

RA 10707 (2015)- an act amending presidential decree no. 968, otherwise known as the
“probation law of 1976”, as amended. The law amended section 4, 9, 16, 24,27, and 28 of
PD 968.

The Parole and Probation Administration

is an agency of the Philippine government under the DOJ responsible for providing a less
costly alternative to imprisonment of first-time offenders who are likely to respond to
individualized community-based treatment programs

MAJOR REHABILITATION PROGRAMS

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 a. RESTORATIVE JUSTICE (RJ)
Its ultimate objective is to restore the broken relationships among stakeholders (the
victim, the offender, and the community).
Is a philosophy and a process whereby stakeholders in a specific offense resolve
collectively how to deal with the aftermath of the offense and its implications for the
future.
b. The VOLUNTEER PROBATION ASSISTANT (VPA) PROGRAM
is a strategy by PPA designed to generate maximum citizen participation or community
involvement.

c. The THERAPEUTIC COMMUNITY (TC)

is a self-help social learning treatment model used in the rehabilitation of drug offenders
and other clients with behavioral problems.
is an environment that helps people get help while helping themselves.

The Probation
probation as "a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a probation
officer.”
It is a privilege granted by the court to a person convicted of a criminal offense to remain in
the community instead of actually going to prison/jail.
The term Probation was coined by John Augustus. Latin verb “PROBARE” which
means……. to prove or to test.

Probation Administration. — The Administration shall be headed by the Probation

Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President
of the Philippines. He shall hold office during good behavior and shall not be removed except for
cause.

Assistant Probation Administrator. —assist the Administrator perform such duties as may
be assigned to him by the latter and as may be provided by law. In the absence of the Administrator,
he shall act as head of the Administration.

Regional Office: headed Regional Probation Officer. Such regional offices shall be
headed by a Regional Probation Officer who shall be appointed by President of the Philippines in
accordance with the Integrated Reorganization Plan and upon the recommendation of the Secretary
of Justice.

Provincial and City Probation Officers. — There shall be at least one probation officer in
each province and city who shall be appointed by the Secretary of Justice upon recommendation of
the Administrator and in accordance with civil service law and rules.

Probation Officer
public officer like the Chief Probation and Parole Officer (CPPO), Supervising Probation and
Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole and Probation
Officer II (PPOII), or Parole and Probation Officer I (PPOI),
Upon written invitation by the Trial Court, the Administrator and/or Deputy Administrator,
for the Agency Level, Regional Director for the Regional Level, CPPO for the City or
Provincial Level may appear as amicus curiae on any probation investigation and
supervision issue, concern or matter.

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Probation Aides. — To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as
probation aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum case loads shall be provided in the rules
promulgated pursuant to this Decree.

FILING OF PROBATION
Filing of Probation shall be done within period of perfecting an appeal when the offender is
sentence into a probationable penalty.
No application for probation shall be entertained or granted if the defendant has perfected the appeal
from the judgment of conviction:
When a judgment of conviction imposing a non-probationable penalty is appealed or reviewed,
regardless of the nature of such appeal, and
the judgment is modified by an appellate court through the imposition of a lesser penalty or
conviction for a lesser crime which is probationable,
the accused shall be allowed to apply for probation based on the modified decision within fifteen (15)
days from receipt by the accused or counsel of the modified decision.

Grant of Probation. — Subject to the provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon application at any time of said defendant,
suspend the execution of said sentence and place the defendant on probation for such period and
upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine
only. An application for probation shall be filed with the trial court, with notice to the appellate
court if an appeal has been taken from the sentence of conviction. The filing of the application shall
be deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal. An
order granting or denying probation shall not be appealable.

Post-sentence Investigation. — No person shall be placed on probation except upon prior

investigation by the probation officer and a determination by the court that the ends of justice and the
best interest of the public as well as that of the defendant will be served thereby.

Form of Investigation Report. — The investigation report to be submitted by the probation

officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and
approved by the Secretary of Justice.

GENERAL INTER-OFFICE REFERRAL

1. Full-Blown Courtesy Investigation (FBCI)
It 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.

Grounds for the conduct of FBCI

a) If Petitioner is a transient offender in the place of commission of the crime
b) He/she spent his/her pre-adolescent province or city of origin;
c) He/she attended and/or finished his education thereat; and

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 d) His/her immediate family members, collateral informants or disinterested persons and
officials who can best authenticate the inter-family relationship, upbringing, behavior of the
petitioner for probation in the community are residents of the place of his/her origin.

2. Partial Courtesy Investigation (PCI)

All other courtesy investigations to be conducted by another probation officer not falling
within the purview of an FBCI

DISQUALIFIED OFFENDERS
(a) Sentenced to serve a maximum term of imprisonment of more than six (6) years;
(b) convicted of any crime against national security;
(c) Who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months & one (1) day and/or a fine of more than one
thousand pesos (1,000.00).
(d) Who have been once on probation under the provisions of this Decree;
(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof;

Disqualified under special laws:

 Offenders found guilty of any election offense in accordance with Section 264 of Batas
Pambansa Blg. 881 (Omnibus Election Code)
 Offenders found guilty of violating Republic Act No. 6727 (Wage Rationalization Act, as
amended)
 Offenders found guilty of violating Republic Act No. 9165 (Comprehensive Dangerous Act
of 2002), except Sections 12, 14, 17, 70.

Period for Submission of Investigation Report.

• not later than sixty days from receipt of the order
• The court shall resolve the application for probation not later than fifteen days after receipts
of said report."

Note:
Pending submission of the investigation report & the resolution of the petition, the defendant
MAYBE allowed on temporary liberty under his bail of ROR.

Criteria for Placing an Offender on Probation. — In determining whether an offender may

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

GROUNDS FOR DENIAL:

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

Granted Probation
Probation may be granted upon application by said defendant within the period of perfecting
an appeal, after a defendant t is convicted and sentenced for a probationable penalty.
Probation may be granted whether the sentence imposes a term of imprisonment or a
fine only.
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 The filing of the application shall be deemed a waiver of the right to appeal.
“An order granting or denying probation shall not be appealable.”

EFFECTIVITY OF PROBATION ORDER

probation shall take effect upon issuance of probation order
Initial Report of probationer w/ in 72 hours.
o Not reported w/in 72 hours the probationer is considered an OBSCONDING
PROBATIONER. To his effect, VIOLATION REPORT should be submitted to Trial
Court.

MANDATORY CONDITIONS
1. Present himself to the Probation Officer designated to undertake his supervision at such place as
may be specified in the Order within 72 hours from receipt of said Order.
2. Report to the Probation Officer at least once-a-month at such time & place as specified by said
Officer.

PROBATIONER SHALL BE MONITORED ACCORDING TO THE FOLLOWING

MANNER OF SUPERVISION
1. MAXIMUM SUPERVISION - a form of supervision wherein clients are required to report
more than twice per month
2. MEDIUM SUPERVISION – a form of supervision wherein clients are required to report at
least twice a month
3. MINIMUM SUPERVISION - a form of supervision wherein clients classified with
minimum supervision and are required to report to the Probation Officer once a month

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;
(b)Payment may be deposited by the probationer to the victim’s account;
(c)Payment can be affected directly to the victim

Modification of Condition of Probation. — During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the conditions or
period of probation. The court shall notify either the probationer or the probation officer of the filing
of such an application so as to give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change in
the period or conditions of probation.

Control and Supervision of Probationer. — The probationer and his probation program
shall be under the control of the court who placed him on probation subject to actual supervision and
visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another

court, control over him shall be transferred to the Executive Judge of the Court of First Instance of
that place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred shall have the power with respect to him that was
previously possessed by the court which granted the probation.

Period of Probation. —
(a) imprisonment of not more than one year shall not exceed two years, and in all other
cases, said period shall not exceed six years.

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 (b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than
twice the total number of days of subsidiary imprisonment as computed at the rate established, in
Article thirty-nine of the Revised Penal Code, as amended.

REPUBLIC ACT NO. 10159 (2012)

Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal
liability at the rate of one day for each amount equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court,
subject to the following rules;

Arrest of Probationer; Subsequent Disposition. — At any time during probation, the court
may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation.
The probationer, once arrested and detained, shall immediately be brought before the court for a
hearing, which may be informal and summary, of the violation charged.
The defendant may be admitted to bail pending such hearing. In such a case, the provisions
regarding release on bail of persons charged with a crime shall be applicable to probationers arrested
under this provision. If the violation is established, the court may revoke or continue his probation
and modify the conditions thereof.
If revoked, the court shall order the probationer to serve the sentence originally imposed. An
order revoking the grant of probation or modifying the terms and conditions thereof shall not be
appealable.

Outside travel of his/her area of operation/territorial jurisdiction

a. outside travel of (10) days –authorized by SPO
b. More than 10 days but not to exceed 30 days – authorized by CPPO recommended by SPO
c. More than 30 days recommended by the CPPO and approved by Trial Court
d. cumulative number of more than thirty (30) days within a period of six (6) months shall be
considered as a courtesy supervision

Progress report . refers to the report submitted by the Probation Officer on the conduct of the
Probationer while under supervision

Final Report. (PPO No. 9) –for closing and termination of Probation case;

Termination of Probation. — After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon
the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the
offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Confidentiality of Records. — The investigation report and the supervision history of a

probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that the
court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned
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documents or parts thereof whenever the best interest of the probationer makes such disclosure
desirable or helpful: Provided, Further, That, any government office or agency engaged in the
correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

The Board of Pardon and Parole

it is the function of the Board of Pardons and Parole to uplift and redeem valuable human
material to economic usefulness and to prevent unnecessary and excessive deprivation of
personal liberty by way of parole or through executive clemency.
Towards this end, the Board undertakes the following:
b. Looks into the physical, mental and moral records of prisoners who are eligible for
parole or any form of executive clemency and determines the proper time of the
release of such prisoners on parole;
c. Assists in the full rehabilitation of individuals on parole or those under conditional
pardon with parole conditions, by way of parole supervision; and,
d. Recommends to the President of the Philippines the grant of any form of executive
clemency to prisoners other than those entitled to parole.

PAROLE
Parole is defined as a conditional release of an offender from a penal or the continued custody
of the state and under conditions that permit his reincarceration if he violates a condition for his
release.

Parole is a French word for “Honor” and is used here in the sense of “Word of Honor” or
Parole d’honneur. Thus, the implication was that he would abide by the terms of his conditional
release. As a penal practice is part of the reformatory idea which originated in the dim historical past
in Europe. Parole did not originate in the United States, but it was there when it was developed
faster. It is said that the first man to use the word ‘’parole’’ was Dr. S.G. Howe of Boston who used
said word in a letter to the Prison Association of New York in 1846. But it was in 1869, after some
American Prison reformers who observed the Irish Prison System instituted by Sir Walter Crofton
that led to the approval of the law creating the Elmira Reformatory in New York, which
inaugurated in 1876, and this famous institution can be said to be the beginning of Parole in the
United States

PAROLE
Parole is governed by the Indeterminate Sentence Law, also known as Act No. 4103, dated
December 5, 1933, and this law was subsequently amended by Act No. 4225, and later in
June 19, 1965 by RA No. 4203.
This refers to the conditional release of an offender from a penal or the continued custody of
the state and under conditions that permit his reincarceration if he violates a condition for his
release.
Parole in the Philippines is administered by the Parole and Probation Administration.

SECTION 2. Definition of Terms. — As used in these Rules, unless

the context indicates otherwise:
a. “Board” refers to the Board of Pardons and Parole;
b. “Executive Director” refers to the Executive
Director/Secretary of the Board;
c. “Administration” refers to the Parole and Probation
Administration;
d. “Administrator” refers to the Administrator of the Parole
and Probation Administration;
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e. “Regional Director” refers to the Head of the Parole and
Probation Administration in the region;
f. “Probation and Parole Officer” refers to the Probation and
Parole Officer undertaking the supervision of the client;
g. “Director” refers to the Director of the Bureau of
Corrections;
h. “Penal Superintendent” refers to the Officer-In-Charge of
the New Bilibid Prison, the Correctional Institution for
Women and the prison and penal farms of the Bureau of
Corrections;
i. “Warden” refers to the Officer-In-Charge of the Provincial,
City, Municipal or District Jail;
j. “Carpeta” refers to the institutional record of an inmate
which consists of his mittimus or commitment order issued
by the Court after conviction, the prosecutor’s information
and the decisions of the trial court and the appellate court,
if any; certificate of non-appeal, certificate of detention and
other pertinent documents of the case;
k. “Prison Record” refers to information concerning an
inmate’s personal circumstances, the offense he committed,
the sentence imposed, the criminal case number in the trial
and appellate courts, the date he commenced serving his
sentence, the date he was received for confinement, the
place of confinement, the date of expiration of the sentence,
the number of previous convictions, if any, and his
behavior or conduct while in prison;
l. “Parole” refers to the conditional release of an offender
from a correctional institution after he has served the
minimum of his prison sentence;
m. “Executive Clemency” refers to Reprieve, Absolute Pardon,
Conditional Pardon with or without Parole Conditions and
Commutation of Sentence as may be granted by the
President of the Philippines;
n. “Reprieve” refers to the deferment of the implementation of
the sentence for an interval of time; it does not annul the
sentence but merely postpones or suspends its execution;
o. “Commutation of Sentence” refers to the reduction of the
duration of a prison sentence of a prisoner;
p. “Conditional Pardon” refers to the exemption of an
individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had
committed resulting in the partial extinction of his criminal
liability;
q. “Absolute Pardon” refers to the total extinction of the
criminal liability of the individual to whom it is granted
without any condition. It restores to the individual his civil
and political rights and remits the penalty imposed for the
particular offense of which he was convicted;
r. “Petitioner” refers to the prisoner who applies for the grant
of executive clemency or parole;
s. “Parolee” refers to a prisoner who is released on parole;
t. “Pardonee” refers to a prisoner who is released on
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 conditional pardon;
u. “Client” refers to a parolee/pardonee who is placed under
supervision of a Probation and Parole Officer;
v. “Release Document” refers to the Conditional
Pardon/Absolute Pardon issued by the President of the
Philippines to a prisoner or to the “Discharge on Parole”
issued by the Board;
w. “Parole Supervision” refers to the supervision/surveillance
by a Probation and Parole Officer of a parolee/pardonee;
x. “Summary Report” refers to the final report submitted by
the Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final release and
discharge;
y. “Progress Report” refers to the report submitted by the
Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision;
z. “Infraction Report” refers to the report submitted by the
Probation and Parole Officer on violations committed by a
parolee/pardonee of the conditions of his release on parole
or conditional pardon while under supervision.

Review of Cases for Parole

Unless otherwise disqualified under Section l5 of these Rules, a case for parole of a prisoner
shall be reviewed upon a showing that he is confined in prison or jail to serve an indeterminate
sentence, the maximum period of which exceeds one (1) year, pursuant to a final judgment of
conviction and that he has served the minimum period of said sentence

Eligibility for Review of a Parole Case - an inmate's case may be eligible for review by the
board provided:
a. Inmate is serving an indeterminate sentence the maximum period of which exceeds one
(1) year;
b. Inmate has served the minimum period of the indeterminate sentence;
c. Inmate's conviction is final and executor;
In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and carpetas/jackets at the
same time.
d. Inmate has no pending criminal case; and
e. Inmate is serving sentence in the national penitentiary, unless the confinement of said
inmate in a municipal, city, district or provincial jail is justified.

Disqualifications for Parole

a. Those convicted of offenses punished with death penalty of life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision treason, rebellion, sedition or coup d' etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents, i.e., those who, within a period of ten (10) years
from the date of release from prison or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa, and falsification, are found guilty of any
of said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who having been granted conditional pardon by the President of the Philippines
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 shall have violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with
definite sentence;
i. Those convicted of offenses punished with reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of Republic Act No. 9346 enacted on June 24,
2006, amending Republic Act No. 7659 dated January 1, 2004; and
j. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."

The Grant of Parole - A prisoner may be granted parole whenever the Board finds that there is
a reasonable probability that if released, he will be law-abiding and that his release will not be
incompatible with the interest and welfare of society

Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness

Compromised - If, based on the Pre-Parole Investigation Report conducted on the prisoner,
there is a clear and convincing evidence that his release on parole will endanger his own life and
those of his relatives or the life, safety and well-being of the victim, his relatives, his witnesses
and the community, the release of the prisoner shall be deferred until the danger ceases.

PAROLE SUPERVISION
1. The period of parole supervision shall extend up to the expiration of the maximum
sentence which should appear in the Release Document, subject to the provisions of
Section 6 of Act No. 4103 with respect to the early grant of Final Release and Discharge.
Form of Release Document - The form of the Release Document shall be prescribed by the
Board and shall contain the latest l"x1" photograph and right thumbprint of the prisoner.

Transmittal of Release Document - The Board shall send a copy of the Release Document to
the prisoner named therein through the Director of Corrections or Warden of the jail where he is
confined who shall send a certification of the actual date of release of prisoner to the Probation
and Parole Officer.

Initial Report - Within the period prescribed in his Release Document, the prisoner shall
present himself to the Probation and Parole Officer specified in the Release Document for
supervision.
If within forty five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and Parole Officer shall inform the
Board of such failure, for appropriate action.

Arrival Report - The Probation and Parole Officer concerned shall inform the Board thru the
Technical Service, Parole and Probation Administration the date the client reported for
supervision not later than fifteen (15) working days therefrom.

Mandatory Conditions of Supervision - It shall be mandatory for a client to comply with the
terms and conditions appearing in the release document.

Review and Modification of Conditions - The Board may, upon the recommendation of the
Probation and Parole Officer, revise or modify the terms and conditions appearing in the Release
Document.

Transfer of Residence - A client may not transfer from the place of residence designated in his
Release Document without the prior written approval of the Regional Director subject to the
confirmation by the Board.
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 Outside Travel - A Chief Probation and Parole Officer may authorize a client to travel outside
his area of operational jurisdiction for a period of not more than thirty (30) days. A travel for
more than 30 days shall be approved by the Regional Director.

Travel Abroad and/or Work Abroad - Any parolee or pardonee under active
supervision/surveillance who has no pending criminal case in any court may apply for overseas
work or travel abroad. However, such application for travel abroad shall be approved by the
Administrator and confirmed by the Board.

Death of Client - If a client dies during supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of the client's death certificate to the Board
recommending the closing of the case. However, in the absence of a death certificate, an affidavit
narrating the circumstances of the fact of death from the barangay chairman or any authorized
officer or any immediate relative where the client resided, shall suffice.

VII. INFRACTION/VIOLATION OF THE TERMS ANDCONDITIONS OF THE

RELEASE DOCUMENT

Progress Report - When a parolee/pardonee commits another offense during the period of his
parole surveillance, and the case filed against him has not yet been decided by the court, a
Progress Report should be submitted by the Probation and Parole Officer to the Board.

Report of Parole Infraction/Violation - Any violation of the terms and conditions appearing in
his Release Document or any serious deviation or non-observance of the obligations set forth in
the parole supervision program shall be immediately reported by his Probation and Parole
Officer to the Board. The report shall be called Infraction Report when the client has been
subsequently convicted of another crime.

Arrest of Client - Upon receipt of an Infraction Report, the Board may order the arrest or
recommitment of the client.

Effect of Recommitment of Client - The client who is recommitted to prison by the Board shall
be made to serve the remaining unexpired portion of the maximum sentence for which he was
originally committed to prison.

Cancellation of Pardon/Parole - The Board may recommend the cancellation of the pardon or
cancel the grant of parole of a client if it finds that material information given by said client to
the Board, either before or after release, was false, or incomplete or that the client had willfully
or maliciously concealed material information from the Board.

Review of Case of Recommitted Parolee - The Board may consider the case of a recommitted
parolee for the grant of a new parole after the latter shall have served one-fourth (1/4) of the
unserved portion of his maximum sentence.

TERMINATION OF PAROLE AND CONDITIONAL PARDON SUPERVISION

Certificate of Final Release and Discharge –

2. After the expiration of the maximum sentence of a client, the Board shall, upon the
recommendation of the Chief Probation and Parole Officer that the client has
substantially complied with all the conditions of his parole/pardon, issue a certificate of
Final Release and Discharge to a parolee or pardonee.
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 3. However, even before the expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer, the Board may issue a
certificate of Final Release and Discharge to a parolee/pardonee
4. The clearances from the police, court, prosecutor's office and barangay officials shall be
attached to the Summary Report.

Effect of Certificate of Final Release and Discharge - Upon the issuance of a certificate of
Final Release and Discharge, the parolee/pardonee shall be finally released and discharged from
the conditions appearing in his release document. However, the accessory penalties of the law
which have not been expressly remitted therein shall subsist.

Transmittal of Certificate of Final Release and Discharge - The Board shall forward a
certified true copy of the certificate of Final Release and Discharge to the Court which sentenced
the released client, the Probation and Parole Officer who has supervision over him, the client, the
Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police and
the Office of the President.

EXECUTIVE CLEMENCY
5. Plenary power of the President to grant ACCRA:
6. A-bsolute Pardon, C-onditional Pardon, C-ommutation of Sentence, R-eprieve AND A-
mnesty
Under Sec. 19, Art VII of the Constitution:
7. “…The President may grant reprieves, commutations & pardons, & remit fines &
forfeitures, after conviction by final judgment. Executive Clemency rests exclusively
within the sound discretion of the President, & is exercised w/the objectives of preventing
a miscarriage of justice or correcting a manifest injustice…”

Review of Cases for Executive Clemency - Petitions for executive clemency may be reviewed
if the prisoners meet the following minimum requirements.

a. For Commutation of Sentence

1. the prIsoner shall have served at least one-third (1/3) of the minimum of his indeterminate
and/or definite sentence or the aggregate minimum of his indeterminate and/or definite
sentences.

2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for
crimes or offenses committed before January 1, 1994.

3. at least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term
of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as
amended.

4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act
No. 7659 and other special laws committed on or after January 1, 1994 and sentenced to one or
more Reclusion Perpetua or Life imprisonment.

B. For Conditional Pardon, an inmate should have served at least one-half (_) of the maximum of the
original indeterminate and/or definite prison term."

C. For Absolute Pardon, after he has served his maximum sentence or granted final release and
discharge or court termination of probation. However, the Board may consider a petition for

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absolute pardon even before the grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an
appointive/elective public position or reinstatement in the government service; (2) needs medical
treatment abroad which is not available locally; (3) will take any government examination; or
(4) is emigrating

Prisoners not Eligible for Executive Clemency - Prisoners who escaped or evaded service of
sentence are not eligible for executive clemency for a period of one (1) year from the date of
their last recommitment to prison or conviction for evasion of service of sentence.

PARDON

Pardon is a form of executive clemency which 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 Chief Executive, and as such 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.
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 deed proper to impose. He shall have the power
to grant amnesty with the concurrence of the national assembly.”

Kinds of Pardon
1. Absolute Pardon
2. Conditional Pardon

Absolute Pardon
It is one which is given without any condition attached to it. The following are purposes of
absolute pardon:

1. To do away with the miscarriage of justice

2. To keep abreast with the current philosophy, concept or practice of criminal justice
administration
3. To restore full political and civil rights of persons who have already served their sentence and
have waited the prescribed period.

Constitutional Limitations of Pardoning Power

1. Pardon shall be granted after conviction
2. Pardon shall not be extended in cases of impeachment
3. No Pardon, Parole or Suspension of sentence for a violation of Election law without
favorable recommendation of the COMELEC.

Conditional Pardon
It 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
conditional pardon.
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Nature of conditional pardon
Conditional pardon is in the nature of 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 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 conviction, the accused will be sentenced to serve an
imprisonment of 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.
Conditional Pardon may 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; if his release is not inimical to the interest of the community; and if there is
no unlikelihood that the offender will not become a public charge and will not recidivare 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.

The following are eligible to avail conditional pardon

1. Those who have served at least 8 years. Of their life imprisonment in cases of simple crimes.
2. Thos who have served at least 10 years. Of their life sentence in cases of complex crime.
3. Those who have served at least 12 years. Of their life sentence in case of double life or more.
4. Prisoner who are afflicted of/with incurable disease and became invalid.
5. Prisoner who have been confined in the psychiatric ward for at least two-years.
6. Prisoner who are 65 years old and above and who served at least 3-years of their sentence but
in no case shall exceed 70 years old, except if public safety requires.

Distinction between parole and Conditional Pardon

The purpose of conditional pardon and parole is the same – the release of a prisoner who is
already reformed in order that he can continue to serve his sentence outside of the institution, thus
giving him the opportunity to gradually assume the responsibilities of a free man. Both releases are
subject to the same set of conditions, a violation of any of such conditions 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.

OTHER FORM OF EXECUTIVE CLEMENCY

AMNESTY
It is a general pardon extended to groups of persons and is generally exercised by executive
clemency with the concurrence of Congress. Usually, the recipients of amnesty are the political
offenders, although there are some exceptions.

The Supreme Court, in the case of People vs. Santos, stated that the “purpose of amnesty is to
bring about the return of dissidents and recalcitrant elements of our population to their homes and to
ensure the resumption of citizens, to accelerate the rehabilitation of the war-devastated country,
restore peace and order, and secure the welfare and happiness of the communities.

GENERAL CONCEPT OF AMNESTY

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

In Barrioquinto v. Fernandez,52 the Court distinguished pardon from amnesty in the following
manner:

(1) Pardon is granted by the Chief Executive and is a private act which must be
pleaded and proved by the person pardoned; while amnesty, issued by the
President and concurred in by Congress, is a public act of which the courts take
judicial notice.

(2) Pardon is granted to one after conviction; while amnesty is granted to a class of
persons who may be guilty of such offenses covered by the proclamation,
generally before or after institution of criminal proceedings and sometimes after
conviction.

(3) Pardon looks forward and abolishes the punishment and consequences of the
offense; while amnesty looks backward and obliterates the offense itself as if it
had not been committed.

Under the Revised Penal Code, amnesty and pardon are modes of completely extinguishing
criminal liability. However, neither of these two exempts the grantee from any civil liability incurred
by him. On the other hand, while amnesty restores the offender to his civil and political a right, such
effect does not result from the grant of pardon unless it has been expressly stated therein. Therefore,
to the extent that it absolves the offender of criminal but not civil liability, amnesty has the same
effect as pardon.

A reprieve is a withdrawal or withholding of punishment for a time after conviction and

sentence, and is in the nature of a stay of execution. It postpones the execution of a sentence to a day
certain.59 Usually, it is granted to a prisoner to afford him an opportunity to procure some
amelioration of the sentence imposed.

A commutation of sentence, on the other hand, amounts to a reduction of the penalty

originally imposed. Commutation of sentence may take place even without the grantee's consent.
Under the Revised Penal Code, as amended by Republic Act 7659 providing for the re-imposition of
the death penalty, commutation of the penalty of death to reclusion perpetua is provided in cases
when a convict is below eighteen (18) years of age at the time of the commission of the crime or over
seventy (70) years of age, or when the required majority vote is not obtained for the imposition of or
affirmance of an imposed death penalty.

COMMUTATION
Commutation is an act of clemency by which an executive act changes a heavier sentence to a
less serious one or a longer term to a shorter term. It may alter death or life sentence to a term of
years. Commutation does not forgive the offender but merely reduces the penalty pronounced by the
court. In almost all instances commutation has been used to substitute a death penalty or life sentence
for a term of years.

Purposes of Commutation
1. To break the rigidity of the law
2. To extend parole in case where the parole law do not apply
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 3. To save the life of a person sentenced to death

REPRIEVE
Reprieve is a temporary stay of the execution of sentence. As in pardon, reprieve can only be
exercised by the President when the sentence has become final. Generally, reprieve is extended to
death penalty prisoners. The date of the execution of sentence is set back several days to enable the
Chief Executive to study the petition of the condemned man for the commutation of sentence or
pardon.

Factors to be Considered in Petition for Conditional Pardon, Commutation of Sentence or

Parole - The following factors may be considered by the Board in the grant of conditional pardon,
commutation of sentence or parole:
a. the age of the petitioner, the gravity of the offense and the manner in which it was committed,
and the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release; c. a showing that the
petitioner has a place where he will reside;
c. availability of after-care services for the petitioner who is old, seriously ill or suffering from a
physical disability;
d. attitude towards the offense and the degree of remorse; and,
e. the risk to other persons, including the victim, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and friends.

Special Factors - The Board may give special consideration to the recommendation for
commutation of sentence or conditional pardon whenever any of the following circumstances are
present:

a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate court
as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be served
thereby.

Preventive Imprisonment
It is a temporary confinement in jail or prison while undergoing investigation or trial or
awaiting final judgment.

Credit of Preventive Imprisonment as service of sentence

a. Full Credit
 If the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners.

b. 4/5

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  If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners

Period of Preventive Imprisonment

 equivalent to the maximum imposable penalty for the offense charged
 For Destierro (30 days) (sec. 1 of RA 10592)
 For Reclusion Perpetua (30 years) (sec. 1 of RA 10592)

Batas Pambansa (BP) 85

 Authorizes the release of detained offender who has undergone preventive imprisonment
equivalent to the maximum imposable penalty for the offense charged

GOOD CONDUCT TIME ALLOWANCE

Conditional release is the statutory shortening of the maximum sentence the prisoner serves
because of good behavior while in prison. This is called “good-conduct-time” and is given by law as
motivation for good behavior while serving sentence in prison.

Good-conduct-time allowance is automatically applied to reduce the sentence but may be

taken away from the prisoner if he fails to obey the rules and regulations of the prison. However, the
good-conduct-time allowance may be remitted as a reward for exceptional services the prisoner may
render to the prison administration, or after the lapse of some time when the prisoner has sufficiently
demonstrated that he has reformed.

Schedule of Deduction:
a. 1-2 years – 20 days per month
b. 3-5 years – 23 days per month
c. 6-10 years – 25 days per month
d. 11 to succeeding years – 30 days per month
e. Another deduction of 15 days for each month of study, teaching or mentoring

DISQUALIFIED TO AVAIL GCTA

1. Recidivists,
2. Habitual delinquents,
3. Escapees,
4. Persons convicted of heinous crimes

SPECIAL TIME ALLOWANCE FOR LOYALTY

It is a deduction of the period of his sentence to any prisoner who, having evaded the service
of his sentence under circumstances of the occasion of disorder, conflagrations; earthquakes; and
other calamities and surrendered himself to the authorities within 48 hours following the issuance of
a proclamation announcing the passing of the calamity or catastrophe.

Two Scale of deduction

1. One Fifth (1/5)
If the prisoner surrenders within 48 hours following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe

2. Two fifth (2/5)

if prisoner chose to stay in the place of his confinement notwithstanding the existence of a
calamity or catastrophe enumerated in Article 158 of this Code.

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