NON-INSTITUTIONAL CORRECTIONS

By: Prof Renor N Apela, Rcrim, MAEd, MSCJ, CSP

Jail Officer, BJMP

I. THE PRESENT STRUCTURE OF PHILIPPINE CORRECTIONAL SYSTEM

A. WHAT IS CORRECTION?
Correction is the branch of the administration of Criminal Justice System charged with the
responsibility for the custody, supervision and rehabilitation of convicted offenders. It is also
define as the STUDY OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION as well as
the rehabilitation and reformation of criminals.
Further, it is define as a GENERIC TERM that includes all government agencies, facilities,
programs, procedures, personnel, and techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of alleged offenders.

B. DUAL PURPOSE OF CORRECTIONS

1. To punish and
2. To rehabilitate the offender.

C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

Correction is the fourth pillar of the PCJS, and considered to be as the weakest pillar. As in
charge in the custody of Persons Deprived of Liberty (PDL) in the CJS, it utilizes the body of
knowledge and practices of the government and the society in general involving the process of
handling individuals who have been convicted of offenses for purposes of crime prevention and
control.

In addition, jail administration and control in our country is administered by the following;
1. The BUREAU OF CORRECTIONS (BUCOR), under the DOJ; which has supervision over
the national penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG; which
has the exclusive control over all city, municipal and district Jails nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their
respective provincial and sub-provincial Jails; and
4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes
care of, among others, youthful offenders entered in detention centers for juveniles, aside
from these,

On the other hand, agencies who are tasked to provide Community Based Correction program
are hereunder;
1. The Parole and Probation Administration (PPA) under the Department of Justice (DOJ);
and
2. The Board of Pardons and Parole also under the Department of Justice.

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

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

D. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

The Correctional System in the Philippines has two approaches, namely, the Community
based and institution-based systems.

1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison

The institution-based approaches has three levels and are manned by three different government
agencies responsible for the supervision and control of the numerous institutional facilities
nationwide which provide safekeeping and rehabilitation of inmates, namely:
1. The national prison’s and penal farms under the Department of justice;
2. The provincial and sub-provincial jails under the provincial government; and
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 3. The City, Municipal and District Jails under the Department of Interior and Local
Government.
The Bureau of corrections, headed by a non-uniformed director, under the department of
Justice, supervises and controls the national prisons and penal farms.

2. Non-Institutional Correction or Community-Based Approach- It refers to correctional

activities that may take place within the community or the method of correcting sentenced
offenders without having to go to prison.
They are either granted probation, parole, conditional pardon or recognizance. The
parole and probation Administration under the Department of Justice is the government
agency that supervises the activities of the probationer, parolee and pardonee and monitors
his compliance with conditions imposed.

II. ADVANTAGES OF COMMUNITY-BASED CORRECTION

1. Family members need not be victims also for the imprisonment of a member because the
convict can still continue to support his family.
2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made and be
more effective.
4. It is less costly on the part of the government. Cost of incarcerations will be eliminated
which is extremely beneficial on the part of the government.

III. THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM

Community sentence seeks to repair the harm the offender has caused the victim or the
Community, provide for public safety and rehabilitate and promote effective reintegration.

A community correction has traditionally emphasized REHABILITATION as its goal. The staff
of community correctional programs has two potentially competing roles that reflect different
goals:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.

IV. BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED

TREATMENT PROGRAMS
The following are the basic principles underlying the philosophy of community-based treatment
programs:

1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to

custodial coercion is to place him in physical jeopardy, thus drastically narrowing his access
to sources of personal satisfaction and reducing his self-esteem.

2. Restorative Aspect - There are measures expected to be achieved by the offender, such
as an establishment of a position in the community in which he does not violate the laws.
These measures may be directed at changing and controlling the offender. The failure of
the offender to achieve these can result to recidivism.

3. Managerial Aspect - Managerial skills are special importance because of the sharp
contrast between the per capital cost of custody and any kind of community program. It is
easier to manage those undergoing community based treatment programs than that of
custodial control.

V. SUBJECT COVERAGE
1. Probation - One of the most common forms of community correction is probation.
Probation can be thought of as a type of post-trial diversion from incarceration. A term
coined by John Augustus, from the Latin verb “probare”- to prove, to test.
It is a disposition under which a defendant after conviction of an offense, the penalty of
which does not exceed 6 years of imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
Furthermore, it is define as a sentence in which the offender, rather than being
incarcerated, is retained in the community under the supervision of a probation agency and
required to abide by certain rules and conditions to avoid incarceration.

2. Diversion – For juvenile offender or CICL

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 3. Restitution - In recent years it has become increasingly common for jurisdictions to include
restitution orders as part of probation.
Money paid or services provided to victims, their survivors, or to the community by a
convicted offender to make up for the injury inflicted.

4. Halfway houses - Community-based residential facilities that are less secure and
restrictive than prison or jail but provide a more controlled environment than other
community correctional programs.

Goal of Halfway House: The goal of halfway houses is to provide offenders with a
temporary period of highly structured and supportive living so that they will be better
prepared to function independently in the community upon discharge.

What is home Confinement? It is a program that requires offenders to remain in their

homes except for approved periods of absence; commonly used in combination with
electronic monitoring. Home confinement is also known as home incarceration, home
detention, and house arrest.

OTHER ASPECTS OF CORRECTIONS

1. Parole - It is the process of suspending the sentence of a convict after having serve the
minimum of his sentence without granting him pardon, and the prescribing term upon which
the sentence shall be suspended.

2. Executive Clemency
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole
conditions and Commutation of Sentence as may be granted by the President of the
Philippines upon the recommendation of the Board of Pardon and Parole.
a. Pardon It is a form of executive clemency granted by the President of the Philippines as
a privilege to a convict as a discretionary act of grace. It is an act of grace is extended to
prisoners as a matter of right, vested to the Chief Executive (The President) as a matter
of power. Neither the legislative nor the judiciary branch of the government has the
power to set conditions or establish procedures for the exercise of this Presidential
prerogative. The following are the two types of pardon:

1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the particular offense of
which he was convicted.

Purpose:
a. To right a wrong
b. To normalize a tumultuous political situation.

Absolute Pardon is also granted by a President to an imprisoned president the

incumbent has deposed. Absolute Pardon is granted in order to restore full political
and civil rights to convicted persons who have already served their sentenced and
have reached the prescribed period for the grant of Absolute Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within certain limits

or conditions; from the punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability.

It is also granted by the President of the Philippines to release an inmate who has
been reformed but is not eligible to be released on parole.

b. Amnesty - A general pardon extended to a group of persons, such a political offenders

purposely to bring about the return of dissidents to their home and to restore peace and
order in the community. Commutation of Sentence - An act of the president changing/
reducing a heavier sentence to a lighter one or a longer term into a shorter term. It may
alter death sentence to life sentence or life sentence to a term of years. It does not forgive
the offender but merely to reduce the penalty pronounce by the court.

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 c. Reprieve - A temporary stay of the execution of sentence especially the execution of the
death sentence. Generally, Reprieve is extended to prisoners sentenced to death.

The date of execution of sentenced is set back several days to enable the Chief to study the
petition of the condemned man for commutation of sentenced or pardon.

THE PROBATION SYSTEM IN THE PHILIPPINES

PROBATION DEFINE
The word probation is from the Latin word “probatio” which means testing. the word probation
is also said to be originated from the Latin verb “probare” which means to prove.
In criminal law it is a period of supervision over an offender, ordered by a court instead of
serving time in prison.
The Philippine Probation Law of 1976, as enacted by 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."

TERMS TO PONDER
As used in Section 3 of PD 968 and Section 4 of Parole and probation administration
omnibus rules on probation methods and procedure. The following shall, unless the context
otherwise requires, be construed thus:
1. Amicus Curiae – Means friend of the court
2. Absconding Petitioner- a convicted accused whose application for probation has been
given due course by the court but fails to report to the parole and probation office or cannot
be located within a reasonable period of time.
3. Absconding Probationer- an accused whose probation was granted but failed to report for
supervision within the period ordered by the court or a probationer who fails to continue
reporting for supervision and/or whose whereabouts are unknown for a reasonable period
of time.
4. Defense Counsel/Counsel- lawyer of the petitioner
5. Petition- application for probation.
6. Petitioner - a convicted defendant who files an application for probation.
7. Probationer - means a person placed on probation.
8. 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.
9. Probation Investigation - The process of selection, diagnoses and planning with the client.
10. Probation Supervision- The continuous process of helping the client to follow through with
the plans, reevaluation and working with the client in the process of planning his life to meet
dynamic situation.
Probation Officer - public officer like the Chief Probation and Parole Officer (CPPO),
Supervising
11. 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.
12. Probation Office - refers either to the Provincial or City Probation Office directed to
conduct investigation or supervision referrals as the case may be;
13. Probation Order - order of the trial court granting probation
14. Prosecutor- lawyer of the victim.
15. Trial Court - refers to the Regional Trial Court (RTC) of the Province or City/Municipal
Court which has jurisdiction over the case.
16. Volunteerism - is a strategy by which the parole and probation administration may be able
to generate maximum citizen participation or community involvement in the overall process
of client rehabilitation.

A. PHILOSOPHY OF PROBATION
The Probation adheres to the following philosophy:
1. There is no single cause for delinquent behavior. Human beings are extremely
complicated. It is not possible to trace complex pattern of Human behavior to any single
cause;
2. Delinquent and criminal acts are symptoms. The offender against our law is exhibiting a
symptom of social or psychological disturbance, just as a headache is a symptom of a
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 physical disturbance. This means that the juvenile delinquent or adult offender is in need of
treatment. The job of Probation Administration is to find out what the problems are beneath
the symptom and to recommend appropriate treatment plans;
3. That the individual has the ability to change and modify his anti-social behavior with
the right kind of help;
4. The central goal of probation Administration is to enhance the safety of the
community by reducing the incidence of Criminal acts by person previously
convicted. The goal is to achieve through counseling , guidance, assistance,
surveillance and restraint of the offender to enable their reintegration into society as
law abiding and productive members;
5. The basic idea underlying a sentence to probation is very simple. Sentencing is in
large part concerned with avoiding future crimes by helping the defendant learn to live
productively in the community which he has offended;
6. This is of course not to say that probation should be used in all cases, or it will
always produce better results. There are many goals of sentencing some of which in
given case may require the imposition of a sentence to imprisonment even in the face of a
conclusion that the probation is more likely to assure that the public that the particular
defendant will not offend again.
7. By the same token however, it can be said that probation is a good bit more than the
“matter of grace” or “leniency” which characterizes the philosophy of the general
public and of many Judges and legislators on the subjects. Probation is an affirmative
correction too, a tool which is used not because is maximum benefits to the defendant, but
society which is sought to be served by the sentencing criminals;
8. An adequate correctional system will place great reliance on appropriately funded
and manned probation services. Within such context probation services. Within such
context probation can lead to significant improvement in the preventive effects of the
criminal law, at much less of a financial burden than the more typical prison sentence;
9. Imprisonment as a sole cure for prevalence of Crime is no Longer recognized.
Prisons are in themselves often productive of crime and Destructive of the keepers as well
as kept
10. It is generally concealed that probation a matter of privilege to be granted refused at
discretion of the State. The applicant has already been convicted and sentenced by the
court and it is only the mercy of that he may be given probation;
11. No violation of probation conditions should result in automatic revocation;
12. No physical would undertake to prescribe treatment for sick man unless he has repot
of his ailment and condition (diagnosis), a judge should not pass judgment on a man
without post-sentence investigation report.

I. ELEMENTS AND CHARACTERISTICS OF PROBATION

A. ELEMENTS OF PROBATION

a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION

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

b. ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER PRESIDENTIAL

DECREE NO. 968
The following are the essential elements of the probation system under Presidential
Decree No. 968:
1. Probation is a single or one-time" affair.
2. Probation system is highly selective.
3. Persons under probation retain their civil rights, like the right to vote, or practice one's
profession, or exercise parental or marital authority.

B. CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.

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 4. It extends to offenders individualized and community based treatment programs instead
of imprisoning them.
5. It is limited to offenders who are likely to respond favorably there to.
6. It is less costly than the confinement of all offenders in prisons.

II. OBJECTIVES AND PURPOSE OF PROBATION

A. OBJECTIVES OF PROBATION
The following are the fundamental objectives of a Probation Agency
1. Assist the court in matters pertaining to sentencing
2. Promote community protection by supervising and monitoring the activities of persons on
probation
3. Promote the betterment of offenders by ensuring that they receive appropriate rehabilitation
services
B. THE PURPOSE OF THE PROBATION LAW
The purpose of the Probation Law as stated in Section 2 thereof reiterates the above-
mentioned characteristics and vests in them the mandate of law. It provides that the purpose of the
Decree is to:
1. Promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
2. provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses.

III. ADVANTAGES, BENEFITS AND SAVINGS OF PROBATION

A. ADVANTAGES OF PROBATION
The implementation of the Probation Law will confer benefits and advantages not only to
society in general but more soon the part of the offender and the government. Specifically the
following are the advantage of probation:
1. Probation prevents crime by offering freedom and aid only to those who are not likely
to assault society again.
2. It protects the society by placing under close supervision non-dangerous offenders
while undergoing treatment and rehabilitation in the community.
3. It conform the modern humanistic trends in Penology.
4. It prevents youthful of first time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expends in maintaining jails.
6. It reduces recidivism and overcrowding of jails and prisons.
7. It reduces the burden of police forces and institution in feeding and guarding
detainees.
8. It gives the first and light offenders a second chance in life.
9. It makes the offender productive or taxpayers instead of tax eaters.
10. It restores to successful probationers his civil rights which was previously lost or
suspended as a result of conviction.
11. It has been proven effective in developing countries that have adopted it.
12. It is advocated by the United Nations in its various congresses in crime prevention
and treatment of offenders

B. BENEFITS OF PROBATION
Probation has the following benefits:
1. It protects society
a. from the excessive cost of detention
b. from the high rate of recidivism of detained offender

2. It protects the victim

a. it provides restitution
b. it preserves justice

3. It protects the family

a. it does not deprive the wife and children of husband and father
b. it maintains the unity of a home

4. It assists the government

a. it reduces the population of prisons and jail
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 b. it lessens the clogging of courts
c. it lightens the load of prosecutors

5. It helps the offender

a. it maintains his earning power
b. it provides rehabilitation in the community
c. it restores his dignity

6. It justifies the philosophy of men

a. that life is sacred
b. that all men deserve a second chance
c. that and individual can change
d. that society has the moral obligation to lift the fallen

I. HISTORICAL DEVELOPMENT OF PROBATION

A. HISTORICAL DEVELOPMENT OF PROBATION IN ENGLAND

Early in the 19th century the English magistrates initiated experiments to save young and
inexperienced offenders from stigma of prison. They made use of the latitude allowed then under
the common law to bind over defendants, who should be brought back for sentence if the
conditions of release were violated.
The need for supervision and assistance to those so released was met by assigning the young
offender to the care and guardianship of his parents or his employer with an occasional check on
his progress by the police.

WHO IS MATHEW DAVENPORT HILL?

Mathew Davenport Hill is considered the father of probation in England. He left an
interesting account of his experiments in the Birmingham court. He was in the forefront of
reforming juvenile offenders. He finds persons who act as guardians of the juvenile offender. Then
at an unexpected period, the confidential officer visits the guardian, makes inquiries and keeps
notes of information received.
He conducted his experiment in the Birmingham Court. Beginning in the early years of 1481,
he acted for and in behalf of juvenile offenders, when he believes:
1. The individual is not fully corrupt
2. There was reasonable hope of reformation
3. When there could be found persons to act
As guardian they are kind enough to take charge of the young convict. In the belief that there is
better hope for reformation under such guardians than in prison.
At unexpected period, confidential officers visits the guardians, make inquiries and register
facts. He was thus informed and records were kept.

B. HISTORICAL DEVELOPMENT OF PROBATION IN UNITED STATES

The first state to enact a real probation law in United States is Massachusetts. The first
practical demonstration of probation, first use of the term as court service, and the enactment of
the first probation law occurred in Massachusetts.

WHO IS JOHN AUGUSTUS?

John Augustus is the father of probation in the USA. He is a Boston shoemaker, first to
develop a sustained service to promote temperance and to reclaim drunkards. Although later he
begun to take men and woman charged with other crimes, then eventually children. As indicated
by the story of the first case, his method was to provide bail for a temporary suspension or
postponement of sentence, during which he sought to counsel and assist such persons find
homes, securing employment and adjusting family difficulties. At the end of the probation period,
he brought back the offender to court, and if no further complaint had been lodged against the
offender, the judged imposed a nominal fine with costs. If the man was too poor, Mr. Augustus
advanced the amount, usually as loan.
John Augustus originated in rudimentary form, many of the techniques of probation officers and
other social workers today, including casework, foster home placement, and protective work for
women and children.

METHODS OF AUGUSTUS
1. Provide bail for temporary suspension of punishment of sentence

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

AUGUSTUS EXPERIMENT
- August 1841- Rugged drunk man
- 3 weeks -The drunkard was brought back to court where the judge cannot recognize
him. Imposes a fine of $ 3.76.
- Augustus died on June 21, 1859. And out of 2000 person whom he extended his help, only
10 were ungrateful. And out of 1100 cases, only one case was forfeited.
- Massachusetts became the 1st country to enact a probation law on April 21, 1878

WHO IS GOVERNOR ALEXANDER H. RICE?

He provided appointment and prescribed duties for paid probation officers.

WHO IS PRESIDENT CALVIN COOLIDGE? The former governor of Massachusetts.

C. HISTORY OF PROBATION IN THE PHILIPPINES

A. The Adult Probation Law of 1935

The Philippine Legislature enacted the first probation of the Philippines. The first legislation
was Act No. 4221 enacted by the Philippine legislature on August 07, 1935 and which created a
Probation Offices under the Department of Justice led by a Chief Probation Officer appointed by
the American Governor General with the advice and consent of the United States. This Law
provided probation for the first time offenders, eighteen years of age and over, convicted of a
certain crime.

However, the law stayed in the statue Books for only Two years. The act subsequently
declared unconstitutional by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37 O.G.
164.

WHO IS TEODULO C. NATIVIDAD?

He is the Father of Probation in the Philippines. He headed the committee (IDCCP) primarily
tasked with the drafting of the adult probation law.

A. THE ADULT PROBATION LAW OF 1976

It took a long time before another attempt was made with introduction then by Congressman
Teodulo C. Natividad in collaboration with former Congressman Ramon D. Bagatsing, House Bill
No. 393. The measure was passed in the Lower House and was pending in the senate when
Martial Law was proclaimed in 1972.

The Presidential decree No. 968, established a probation system less costly alternative to the
imprisonment of the offender who are likely to respond to individualized, community-based
treatment program is the second legislation that enforces a probation system in the country.

On Nov. 13, 1974, the Inter-Disciplinary Committee on Crime Prevention (IDCCP) was created
to formulate a national crime prevention program for the courtly.

II. FORERUNNERS OF PROBATION

The following are the forerunner of probation:

1. Benefits of the Clergy- earliest for softening of the brutal severity of punishment. This was a
compromise between the church and the king that, if any member of the clergy was brought to
trial before the king’s court, such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner was subject to the authority of the
Ecclesiastical Court only. There was greater leniency in sentencing and particularly escape
from death penalty. Acquittal or guilt was established by a Jury of Twelve Clerks.

2. Judicial Reprieve- withdrawal of sentence for an internal of time whereby the execution of the
sentence is suspended either before or after judgment such as when there is a favorable
circumstance in the criminal’s character in order to give him opportunity to apply to the King for
either an absolute an or conditional pardon. Early English courts began to grants reprieves to
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 prisoners under sentence of death on condition that they accept deportation to English
settlements in America.

3. Recognizance or “Binding over for good behavior” – this is considered as the direct
ancestor of probation. This involves an obligation or promise sworn to under court order by a
person not yet convicted of crime he would keep the peace and be of good behavior.

4. Transportation- this was developed from an ancient practice of banishment and flourished for
more than two hundred years as a principal method of disposing offenders. It served mainly as
cheap source of supplying labor to the colonies of England.

III.THE PROBATION LAW AND ITS AMENDMENT

AMENDMENTS PRESIDENTIAL
DECREE NO. 968
Presidential Section 1
Decree No. xxx
1257 The prosecuting officer concerned shall be notified by
the court of the filling of the application for probation
and he may submit his comment on such application
within ten days from receipt of the notification.
xxx
Nota Bene: The prosecutor participates in the NONE
determination of the application for probation. It is
therefore mandatory the prosecuting officer concerned
shall be notified by the court of the filling of the application
for probation and submits comment within 10 days from
receipt.
Section 2 Section 7
xxx xxx
The court shall resolve the application for probation The court shall
not later than fifteen days after receipts of said report." resolve the
xxx petition for
probation not later
N.B. PD no. 257 extended the period of resolving the than five days
application for probation by the court from five (5) days to after receipt of
fifteen (15) days. said report.
xxx
Section 3
xxx
In the hearing, which shall be summary in nature, the
probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor.
The court shall not be bound by the technical rules of
evidence but may be inform itself of all the facts which NONE
are material and relevant to ascertain the veracity of
the charge. The State shall be represented by a
prosecuting officer in any contested hearing.
xxx
N.B.
The defendant has the right to be informed of the
violation charged and to adduce evidence in his favor.
Sec. 4 sec. 33
xxx xxx
That the application of its substantive provisions That, the
concerning the grant of probation shall only take application of its
effect on January 3, 1978." substantive
xxx provisions
concerning the
grant of probation
shall only take
effect twelve
months.
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 xxx

Batas The probation system shall not be extended to a The probation

Pambansa convicted offenders sentenced to serve a maximum system shall not
Blg. 76 term of imprisonment of more than six (6) years and be extended to a
one (1) day. convicted
offenders
N.B. The probational period is extended to six (6) years sentenced to serve
and one (1) day and below a maximum term
of imprisonment of
more than six (6)
years.
N.B. The
probational period is
six (6) years and
below.
xxx
Any person sentenced to maximum penalty of six
years and one day on January 3, 1978 and thereafter
may be placed on probation upon his application
therefore with the court of origin. However, such NONE
person serving sentence shall remain in jail pending
the approval of his application.
XXX

Presidential The decree restore the provision of section 9 of PD 968

Decree No. that probation shall not be extended to a convicted
1990 offenders sentenced to serve a maximum term of
imprisonment of more than six (6) years. It that
senses the decree impliedly amended the provision of
BP 76.
Section 1 amending Section 4 of PD no. 968.
Xxx
Provided; That NO APPLICATION FOR PROBATION
SHALL BE ENTERTAINED OR Granted if the defendant
has perfected the appeal from the judgment of
conviction.
Xxx
NB: Appeal and probation is a mutually exclusive remedy;
meaning once a defendant filed his appeal it is a deemed
waiver of the filing of probation. NONE
The period of perfecting an appeal is also the period of
perfecting an application/filing for probation. In general, the
period of perfecting an appeal is fifteen (15) days from the
promulgation of sentence.
N.B. 1990 – The period of punishment which is
probationable is lowered again from 6 years and 1 day
to 6 years or less

Executive It renamed the Probation Administration created under

Order No. PD 968 into Parole and probation Administration.
292 It also extended the powers and function of the PPA. It
includes the following:
a. Administer the parole and probation system;
b. Exercise general supervision over all parolees
and probationers;
c. Promote the correction and rehabilitation of
offenders; and
d. Such other functions as may hereafter be
provided by law.
xxx
(2)The Administration shall have a Technical Service
under the Office of the Administrator which shall serve

10
as the service arm of the Board of Pardons and Parole
in the supervision of parolees and pardonees.
The Board and the Administration shall jointly
determine the staff complement of the Technical
Service.
Xxx

11
 THE RULES AND LIMITATIONS IN THE GRANT OF PROBATION

A. NATURE OF GRANTING PROBATION

I. GRANT OF PROBATION

Section 4 of PD 968 - 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. (As
amended by PD 1990).

II. CRITERIA FOR PLACING AN OFFENDER ON PROBATION (SECTION 8 OF PD NO. 968)

QUESTION
Will probation be automatically granted to one whose sentence is six (6) years or
less? No, the offender must fit the criteria under Section 8 of PD 968.

Under Section 8 of PD No. 968, 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:
1. The offender is in need of correctional treatment that can be provided most effectively
by his commitment to an institution; or
2. There is undue risk that during the period of probation the offender will commit another
crime; or
3. Probation will depreciate the seriousness of the offense committed.

However, under Sec. 70 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of
2002, the first-time minor offender who upon promulgation of the sentence, the court may, in its
discretion, placed the accused under probation, even if the sentence provided under Sec. 11 of the
Act is higher than that provided under Probation Law.

III. PROBATION IS NOT A MATTER OF RIGHT BUT A PRIVILEGE

In the above case of TOLENTINO VS. JUDGE ALCONCEL, the Supreme Court held that,
probation is a mere privilege and its grant rests solely upon the discretion of the court. This discretion
is to be exercised primarily for the benefit of organized society and only incidentally for the benefit of
the accused.
Probation cannot be demanded as a matter of right. It is a privilege. Hence, only those persons
who are qualified may apply for probation. Its grant depends upon the discretion of the trial court. No
person shall be placed on probation except upon prior investigation by the probation officer and a
determination by the court that the ends of justice and the best interest of public as well as that of the
defendant will be serve thereby.
12
 The grant of probation results in the release of the petitioner subject to the terms and conditions
imposed by the court and to the supervision of Probation Officer.
However, under R.A. 9344 or Juvenile Justice and Welfare Act of 2006, a Child in Conflict with the
Law (CICL) is granted the right to probation as an alternative to imprisonment if qualified under the
Probation Law.

IV. BASIS OF GRANTING PROBATION

In DELA CRUZ VS. CALLEJO; the basis of granting probation is the sentence imposed by
the trial court. Convicted for highway robbery sentence to 11 years, 4 months and 1 day 12 years
penalty was reduced to 1 year, 8 months and 5 months and 1 day. He applied for probation on the
basis of the appellate court. Trial court denied. Supreme Court denial is proper to the provision of the
law.

V. PROBATION IS NOT A SENTENCE

In Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984) it was held that an order placing
defendant on "PROBATION" IS NOT A "SENTENCE" but is rather in effect a suspension of the
imposition of sentence. It is not a final judgment but is rather an "interlocutory judgment" in
the nature of a conditional order placing the convicted defendant under the supervision of the
court for his reformation, to be followed by a final judgment of discharge, if the conditions of
the probation are complied with, or by a final judgment of sentence if the conditions are
violated.
Probation is not a suspension of sentence. A suspension of sentence postpones execution of
sentence for a definite time, while probation suspends sentence during good behavior.

VI. HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

An offender can be granted probation ONLY ONCE IN HIS LIFETIME.

VII. GRANTING OR DENYING PROBATION NOT BE APPEALABLE

Under PD No. 1990, an order granting or denying probation shall not be appealable.

VIII. PROBATION AND APPEAL IS MUTUALLY EXCLUSIVE REMEDIES

Later, the amendment of Section 4 of P.D. No. 968 by P.D. No. 1990 imposed a condition upon
the grant of probation, thus: "Provided, that no application for probation shall be entertained or
granted if the defendant has perfected an appeal from the judgment of conviction." The
application for probation was no longer allowed if the accused has perfected an appeal from the
judgment of conviction.
The reason for the disallowance of probation where an appeal has been made by the accused is
stated in the preamble of P.D. No. 1990, thus: "WHEREAS, it has been the sad experience that
persons who are convicted of offenses and who may be entitled to probation still appeal the
judgment of conviction even up to the Supreme Court, only to pursue their application for
probation when their appeal is eventually dismissed".
In view of this change, jurisprudence treated appeal and probation as MUTUALLY EXCLUSIVE
REMEDIES. Thus, where the penalty imposed by the trial court is not probationable, and the
appellate court modifies the penalty by reducing it to within the probationable limit, the same
prohibition should still apply and he is not entitled to avail of probation.

B. QUALIFICATION AND DISQUALIFICATION OF OFFENDERS FOR PROBATION

13
I. WHO ARE QUALIFIED TO PROBATION?
Any first time convicted offender, 18 years of age and above not otherwise disqualified under PD
968 as amended can apply for probation before serving the sentence which may either be
imprisonment of fine with subsidiary imprisonment, or both imprisonment and fine.
The age of offender qualified for probation is 18 years and above. PD 1179 which amended PD
603 lowered the age of youthful offenders under 18 years old.
AS GENERAL RULE probation applies to all sentenced or convicted offenders - All first-time
offenders convicted of crimes punished by imprisonment of not more than 6 years (maximum of 6
years). Except the following:
1. Those entitled to the benefits of PD 603 as amended otherwise known as the Child and
Youth Welfare Code. Hence, an offender who is under 18 years of age must be dealt with
in accordance with the more liberal and beneficent provisions of PD 603.
Incidentally, Art 192 PD 603 as amended gives the youthful offender a choice as to whether
he will be dealt with as a youthful offender under PD603 or as Adult offender under PD 968 as
amended. If he does not apply under PD603 as amended, he treated as an adult offender. In
such a case, two options are open to him, namely:
a. To simply serve his sentence
b. To apply of probation under PD 968 as amended
2. Those that are found Guilty in violation of R.A 6425, otherwise known as the Dangerous
Drug Act of 1972 as amended by Republic Act No. 9165. Hence, its beneficiaries, drug
dependents, must be subjected to the confinement, treatment and rehabilitation measures
provided therein. Even those who are below twenty one years of age who are found guilty
of possessing or using prohibited or regulated drugs must be treated under the provisions
of R.A 6425.
3. Those offenders who has not been convicted and sentenced.
4. Those that are found guilty in violation of BP 881 as amended by BP 882,883 and 884
otherwise known as the Omnibus Election Code of the Philippines.
5. Those who are found guilty in violation of PD 1987 (an act creating the Video gram
Regulatory)
6. Those that are found guilty in violation of RA 6727 otherwise known as the Wage
Rationalization Act.

QUESTION
Are all convicted persons who are not disqualified entitled to probation automatically?
No. Under PD 968; the court will not grant probation if after investigation conducted by the
probation officer, it finds that:
1. The offender can be treated better in an institution or other places for correction;
2. The offender is a risk to the community;
3. Probation will depreciate the gravity of the offense.

II. DISQUALIFIED OFFENDERS FOR PROBATION (Section 9, PD 968)

Under Section 9 of PD 968, the benefits of probation shall not be extended to:
1. Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN SIX (6)
YEARS;

14
 Note: the six years maximum refers to the sentence actually imposed, and not that prescribed
by law for the offense committed.
2. Those convicted of subversion or any crime against the national security or public order;

CRIMES AGAINST NATIONAL SECURITY CRIMES AGAINST PUBLIC ORDER

1. Treason 1. Rebellion or insurrection
2. conspiracy and proposal to commit treason 2. Conspiracy and proposal to commit rebellion
3. misprision of treason 3. Sedition
4. espionage 4. Conspiracy to commit sedition
5. inciting to war or giving motives for reprisals 5. Inciting to sedition
6. violation of neutrality 6. Acts tending to prevent the meeting of
7. correspondence with hostile country assembly and similar bodies
8. flight to enemy’s country 7. Disturbance of proceedings
9. piracy 8. Direct assault
10. qualified piracy 9. Indirect assault
10.Coup d’etat

3. Those who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;

PREVIOUS CONVICTION FINE:

 if one month - qualified for probation  less than two hundred pesos - qualified
 if one month and one day or more - for probation
disqualified for probation  two hundred pesos or more - disqualified
for probation

4. Those who have been ONCE on probation under the provisions of PD No. 968, as amended;
Accordingly, one who has been on probation only under the child and Youth Welfare Code
as amended and the Dangerous Drugs Code of 1972 as amended will not be disqualified. The
reason form this is that the treatment given under those latter laws is of a different kind from
that under PD 968 as amended.
5. Those who are already serving sentence at the time substantive provisions of the decree
became applicable pursuant to section 33 of PD 968. (As amended by BP Blg. 76, and PD
1990, October 5, 1985)

Technically speaking probation cannot cover the following, non-offenders; offenders not yet
convicted and convicted offenders but with a sentenced exceed 6 years.

C. REQUIREMENTS AND PROCEDURE IN THE APPLICATION OF PROBATION

QUESTION
Is there a need to apply for probation to avail of its benefits?
Yes, it will not be granted except upon the application by the accused. The necessity for such
application is indicated in Sec. 4, PD 968, which states that “the trial court may, after it shall
have convicted and sentenced a defendant and upon application by said defendant within the

15
 period of perfecting an appeal.

NOTA BENE: Under Presidential Decree No. 1990, no application for probation shall be entertained
of granted if the defendant has perfected an appeal from judgment of conviction. The filing of the
application shall be deemed a waiver of a right to appeal.

QUESTIONS
Is there a form prescribed for the application for probation?
Yes, it shall be in the form approved be the Secretary of justice as recommended by the
Administrator or as may be prescribed by the SC
What is the effect of filing an application for probation?
The court may, upon receipt of the application suspend the execution of sentence imposed in
judgment.

I. WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?

The application for probation shall be filed by sentenced or convicted offender whose sentence is
not more than 6 years imprisonment. It shall be filed with the court that tried and sentenced the
offender.

WHERE: A petition for probation shall be filed by the applicant for probation or the petitioner with the
courts that tried and sentenced the offender at any time before the imprisonment starts.

WHEN: Anytime before the offender starts serving his sentence but within period for perfecting an
appeal or fifteen (15) days from the promulgation or notice of the judgment of conviction.

However, under Section 42 of R.A. 9344, the Juvenile Justice and Welfare Act of 2006, the court
may, after it shall have sentenced a Child In Conflict with the Law and upon application at anytime
placed the child on probation in lieu of service of his sentence.

II. PROCEDURE UNDER PD NO. 968 – Probation and Parole Flow Chart – See Appendix
The following are the procedure in the application for probation:

1. The defendant must file a petition before the trial court which exercise jurisdiction over his case;
an application for probation after he has been sentenced but before he begins to serve the
sentence. There are two forms of petition: WRITTEN and ORAL.
NOTA BENE: But for purposes of recording, application made orally should be reduced into
writing.

2. If the defendant has been convicted and has appealed the sentence of conviction, an application
for probation cannot be entertained. As a general rule, No application for probation shall be
entertained or granted if the defendant has perfected an appeal from the judgment or
conviction.
NOTA BENE: Filing an application shall be deemed a waiver of the right to appeal.

QUESTION
What then is the duty of the court after Receipt of the application? The trial court may notify
the concerned prosecuting officer of the application at a reasonable time before the scheduled
hearing thereof.
16
3. Notice to the prosecuting officer: The prosecuting officer concerned shall be notified by the
court of the filing of such application. The prosecuting officer must submit his comment on such
application within 10 days from receipt of the notification

4. Referral to probation office: If the court finds that the petition is in due form and that the
petitioner appears not to be disqualified for the grant of probation. The probation should be
entertained by the court by ordering the probation officer to conduct an investigation (PSI) of
the offender provided he is not disqualified under the decree.
While it is discretionary with the court to grant or deny an applicant for probation, the Probation
Law requires that an investigation be first conducted by the probation officer who shall submit his
report within 60 days from receipt of the court’s order. However, the court may in its discretion
extend the 60 days period. Only thereafter shall the court resolve the application, an outright
denial by the court is a nullity correctable by certiorari. (De Luna vs. Hon. Medina, CA 78 D.G.
599; Del Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983)

To summarize, the following are the procedures in Applying for Probation:

1 The offender or his counsel files a petition

with the convicting court within 15 days from
promulgation of judgment.

2 The court determines convict qualifications

and notifies the prosecutor of the filing of
the petition

3 The prosecutor submits his comments on

such application within 10 days from receipt
of the notification.

4 If petitioner is qualified, his application is

referred to the probation officer for post-
sentence investigation

5 The post-sentence investigation report

(PSIR) is submitted by the probation officer
to the court within 60 days

6 Pending investigation and resolution,

accused may be temporarily released (if
there is already a bail, then on same bail)

7 The court grants or denies the petition for

probation within 15 days upon receipt of the
PSIR.

III. REQUISITES BEFORE AN OFFENDER CAN BE PLACED ON PROBATION

1. A post sentence investigation by the officer;
17
 2. A determination by the court that the end of justice will be served and the best interest of the
public and that of the offender will be served thereby.
The probation officer shall submit to the court within 60 days from receipt of the order the
investigation report on the offender, the petition for probation shall be resolved by the court within 15
days from receipt of report. Probation order unless otherwise provided takes effects upon its
issuance, the order granting or denying the probation is not appealable.

D. POST SENTENCE INVESTIGATION (PSI) AND POST SENTENCE INVESTIGATION REPORT

(PSIR) (SECTION 5, PD 968)

Under Section 5 of PD 968, 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.

QUESTION
What is post sentence investigation?
An investigation conducted by a probation agency or other designated authority at the request of
a court into the past behavior, family circumstances, and personality of an adult who has been
convicted of a crime, to assist the court in determining the most appropriate sentence.
It refers to the investigation conducted by a probation officer to obtain information regarding
petitioner’s character, antecedents, environment, mental and physical condition with the aim of
determining whether the latter is qualified and suitable for released under probation.

A. ASSIGNMENTS AND INITIAL INTERVIEW WORK SHEET

PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES ON PROBATION METHODS

AND PROCEDURE.

Section 14. Assignment. - After receipt from the Trial Court, the City or Provincial Parole and
Probation Office concerned, through the CPPO shall assign the same to the office clerk for docketing
and eventual assignment to a subordinate investigating Probation Officer for the conduct of the PSI or
conduct such investigation himself.

Section 15. Initial Interview Work Sheet: Waiver. –

Within five (5) working days from receipt of said delegated assignment (or self -assignment), the
investigating Probation Officer on case (or Chief Probation and Parole Officer) shall initially interview
the applicant if he appeared in the Probation Office upon response to the seventy-two (72) hours
limitation given to him by the Trial Court. If not, the Probation Officer on case may write the applicant
in his court given address, or personally visit applicant's place to schedule an initial interview at the
Probation Office.
During such initial interview, the Probation Officer on case or CPPO shall require the applicant to
accomplish and sign a Post-Sentence Investigation Work Sheet (PPA Form1). The investigating
Probation Officer on case or CPPO shall conduct further investigation based on the information
contained therein.
A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA and/or Probation Office to secure
any and all information on the applicant, shall be duly executed and signed by him.

Section 17. Collateral Information. - During the conduct of the PSI, collateral information
18
must be gathered from those persons who have direct personal knowledge of the applicant, offended
party, family member, and/or their relatives, including barangay officials and disinterested persons.

Section 18. Subsequent or Further Interviews. - To obtain additional data, counter

check, or clarify discrepancy/ies between the information received from the applicant and those
secured from other sources, the Investigating Probation Officer on case or CPPO may conduct
subsequent or further interviews on the applicant and/or other persons as deemed appropriate.

Section 19. Nature of Interview. - The data and information gathered from the interview of the
applicant and/or other persons and from other collateral informants, as well as law enforcement
agencies, shall be strictly privileged and confidential in nature. During such interview and information-
gathering processes, the applicant does not necessarily need to be represented and assisted by
counsel.

Section 20. Confidentiality of Post-Sentence Investigation Information. – The investigating

Probation and Parole Officer on case or CPPO shall inform the applicant of the confidential nature of
the information taken during the PSI and the limited scope and extent, whereby said information, may
be disclosed only to some statutorily designated authorities and entities pursuant to Section 17 of PD
968, as amended, and Section 64 of these Rules.

Section. 21. Absconding Applicant. – If the applicant whose application for probation has been
given due course by the proper court has failed to present himself/herself to the proper Office within
seventy-two (72) hours from his/her receipt of the Probation Order or within reasonable time
therefrom, said Office shall first exert best diligent efforts to inquire on, search, find and locate his/her
whereabouts before it shall report such fact with appropriate recommendation to the proper court,
considering the surrounding circumstances of place, date and time, his/her health condition and other
related factors.

B. SCOPE AND EXTENT

Section 16 of Parole and probation administration omnibus rules on probation methods
and procedure. Scope and Extent. - After accomplishing the Post-Sentence Investigation Work
Sheet and the Waiver-Cum-Authorization, the same shall be immediately submitted to the Probation
Office. The investigating Probation Officer on case or CPPO shall conduct a thorough investigation on
the antecedents, mental and physical condition, character, socio-economic status, and criminal
records, if any, of the applicant and the institutional and community resources available for his
rehabilitation.
In case applicant has a criminal record(s), such should be verified with the proper Government
agency as to its disposition/resolution which has/have to be properly reflected in the PSIR.
For the sake of obtaining additional information or clarify conflicting data, the investigating
Probation Officers on case may conduct further investigation and interview to avoid discrepancies of
facts/information.
The investigating Probation Officer on case or CPPO shall assess and recommend or prescribe
the suitable probation treatment and supervision program upon the applicant, if granted probation.

C. FORMS OF PSI (SECTION 6, PD 968)

Section 6 of PD 968 - 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.
19
D. STAGE OF POST-SENTENCE INVESTIGATION
The following are the stage of post investigation:

1. PRELIMINARY PROCEDURE - The probation officer upon receipt of the order from the court
shall assign the same to a probation officer to conduct the post-sentence investigation.

2. INITIAL INTERVIEW - within 5 working days from receipt of the court order, the probation officer
assigned shall interview the petitioner. In the said interview, the probation officer shall require the
petitioner to accomplish under oath a worksheet (P.A. form no. 1) the information contained in the
worksheet shall serve as the basis of further investigation. The petitioner shall also sign a waiver
(P.A. form no. 2) authorizing the probation administration to secure any and all pertinent
documents and information.

3. INVESTIGATION - upon completion of the worksheet, the probation officer shall conduct a
thorough investigation on the antecedents, mental and physical condition, character, and socio
economic status of the petitioner. For collateral information, person who has knowledge of the
petitioner, of the victim and or the relatives shall be interviewed. The probation officer shall
determine and recommend the manner by which the petitioner will be supervised if granted
probation.

NOTA BENE: Information gathered from the interview of petitioner and the collateral information
sources shall be confidential in nature.

4. ISSUANCE OF POST-SENTENCE INVESTIGATION (PSI) REPORT -upon the completion of the

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

The report shall be sign by the investigating probation officer and approved by the head of the
probation office.

QUESTION
Is the petitioner had Right to Counsel During the post-sentence investigation and
covered by Republic Act No. 7438?

During the post-sentence investigation petitioner had no Right to Counsel. The probation
law has no provision guaranteeing the right to counsel in the investigation of a petitioner.
The constitutional guarantee of right to counsel will not apply because the investigation by
the probation officer is neither prosecutory nor accusatory in character.
Further petitioner as well is not covered by Republic Act No. 7438 providing right of the
accused during custodial investigation.

E. POST SENTENCE INVESTIGATION REPORT (PSIR)

Post sentence investigation report is refers to the report submitted by a probation officer within
60 days from receipt of the order of said court to conduct the investigation containing his/her
recommendation in the grant or denial of the application for probation.

20
F. PURPOSE OF POST SENTENCE INVESTIGATION REPORT
Section 23 of Parole and probation administration omnibus rules on probation methods
and procedure. - The PSIR aims to enable the Trial Court to determine whether or not the ends of
justice and the best interest of the public primarily, as well as that of the applicant, would be served
by the grant or denial of the application.

G. NATURE OF THE RECOMMENDATION

Section 25 of Parole and probation administration omnibus rules on probation methods
and procedure - The nature of the recommendation for the grant or denial of probation in the PSIR
report is merely PERSUASIVE IN NATURE addressed to the sound discretion of the Trial Court
considering that the denial or grant of probation is a judicial function.

H. SIGNATORIES
Section 25 of Parole and probation administration omnibus rules on probation methods
and procedure - The PSIR shall, as a rule be prepared by the investigating Probation Officer on
case and approved by the CPPO. Both shall initial each and all the pages thereof, except the last
page on which they shall affix their respective signatures.

I. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT (SECTION 7, PD 968)

Section 7 of PD 968 - The probation officer shall submit to the court the investigation report on a
defendant not later than sixty days from receipt of the order of said court to conduct the investigation.
The court shall resolve the petition for probation not later than five days after receipt of said report.

QUESTION
Can the offender be released while his application for probation is pending?
Yes, at the discretion of the court. Pending submission of the PSIR and the resolution of the
petition for probation, the defendant may be ALLOWED temporary liberty or released by
virtue of BAIL.
a. On the same bond he filed during the trial in the criminal case,
b. On a new bond or
To the custody of a responsible member of the community if unable to file a bond - In case
NO BAIL was filed or that defendant is incapable of filing one, court may allow the release of
defendant on RECOGNIZANCE to the custody of a responsible member of the community
who shall guarantee his appearance whenever required by the court (sec. 21, rule 114-Rules
on Criminal Procedure)

J. CONTENTS OF PSIR (SECTION 24 OF PAROLE AND PROBATION ADMINISTRATION

OMNIBUS RULES ON PROBATION METHODS AND PROCEDURE)
a. The circumstances surrounding the crime or offense for which the applicant was convicted and
sentenced, taken from the applicant himself, offended party and others, who might have
knowledge of the commission of the crime or offense, and pertinent information taken from the
police and other law enforcement agencies, if any, and Trial Court records;
b. Details of other criminal records, if any;
c. Personal circumstances, educational, economic and socio-civic data and information about the
applicant;
d. Characteristics of applicant, employable skills, employment history, collateral information;

21
 e. Evaluation and analysis of the applicant's suitability and legal capacity for probation and his
potential for rehabilitation, reform, development, transformation and re-integration into the
community;
f. Recommendation to: (A) grant the application, including probation period, probation conditions
and probation treatment and supervision plan/program; or (B) deny the application;
g. Data and information on the applicant's financial condition and capacity to pay, his civil liability,
if any;
h. Results of findings of drug, psychological and clinical tests conducted, if any;
i. Results of criminal records, if any, whether decided or still pending
j. Furnished by various law enforcement agencies tapped by the Probation Office for such
purpose;
k. Result(s) of courtesy investigation, whether GCI/FBCI or PGCI (See Sec. 27 of these Rules), if
any, conducted in the birth place or place of origin of applicant especially if he plans to reside
thereat while on probation, if ever his application will be granted; and
l. Other analogous and related matters.

Others:
a. Psycho- social information regarding the petitioner.
b. Evaluation of petitioner suitability for probation and his potential for social reintegration into the
community.
c. A recommendation to either grant the petition for probation with program of supervision and
the suggested terms and condition for probation, or deny the petition for probation.
d. Information regarding the petitioner financial capability to meet or satisfy his civil obligation if
any.

E. RESOLUTION AND GRANT OF THE PETITION FOR PROBATION

I. PERIOD TO RESOLVE THE APPLICATION FOR PROBATION

Under Section 31 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. 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. Since probation is privilege, its grant rest solely
upon the discretion of the court. Therefore, court may grant or dismiss it.

II. GRANT OF THE PETITION

Once probation is granted, the execution of sentence will be suspended. The court if
grants the petition will issue the appropriate Probation Order and the petitioner will be release to
the community subject however to the terms and condition imposed by the court, with the supervision
of probation officer.
If the court grants probation – the court imposes condition that defendant seems to be arbitrary –
mental must he does need instruction.

QUESTION
What is the effect of probation on accessory Penalties?
Accessory penalties are deemed suspended once probation is granted. (Baclayon vs. Mutia.
129 SCRA, 148)

III. EFFECT OF THE GRANT OF PROBATION.

22
 Under Section 32 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure the following are the 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.
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.

IV. EFFECTIVITY OF THE PROBATION ORDER (SECTION 11, PD NO. 968)

Under Section 11 of PD 968 , a probation order shall take effect upon its issuance, at which
time the court shall inform the offender of the consequences thereof and explain that upon his failure
to comply with any of the conditions prescribed in the said order or his commission of another
offense, he shall serve the penalty imposed for the offense under which he was placed on probation.
A probation order shall take effect upon its receipt by the petitioner, and on the same date the
probation period shall commence, unless otherwise specified by the court.
Upon the issuance of the probation order, the court shall inform the probationer of the
consequences thereof and explain upon his failure to comply with any of the conditions in the said
order, or his commission of another offense, he shall serve the sentence originally imposed for the
offense for which he was placed on probation.
In addition Section 33 of Parole and Probation Administration Omnibus Rules on Probation
Methods and Procedure states that 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.

V. DEFENDANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by the court. He should,
indeed, be allowed to turn down the same grant especially since he might feel that the terms and
conditions thereof are too onerous (burdensome) for him.

VI.EFFECT OF DISMISSAL OF THE PETITION

What will happen if the application for probation is denied?
The offender will be sent by the sentencing court to prison to serve his sentence.

NOTA BENE: AS A GENERAL RULE THE GRANT OR DENIAL OF PROBATION IS NOT

APPEALABLE. However a Certiorari may lie on the ground of Grave abuse of discretion –
certiorari – not on appeal. Here he does not question the finding of facts of the trial court but only the
reasonableness of the order based therein.
Neither the prosecution nor defendant may ask as a matter of right seek review by superior
court of the order of the trial court or before the superior court the findings of facts of the trial court.

VII. INDEMNIFICATION

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 Section 37. Indemnification of Parole and Probation Administration Omnibus Rules on
Probation Methods and Procedure. –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 discourage and
discontinued outrightly.

F. CONTROL AND SUPERVISION OF PROBATIONERS (SECTION 13, PD 968)

Under Section 13 of PD 968, 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.
Probationers report to their Probation Officer as often as indicated in the conditions of probation.
The probation officer sees to it that the conditions of probation as given by the court are followed.
Probationers are helped to developed themselves, to learn skills if they do not have any, and to be
gainfully employed so they can be useful members of the society. House visits and follow-up in their
places of work may be done if needed. The probation officer makes regular reports about the
probationer to the court.
Under Section 38 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure the following are 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.

G. CHANGE OF RESIDENCE AND OUTSIDE TRAVEL

I. CHANGE OF RESIDENCE
Section 42 Parole and Probation Administration Omnibus Rules on Probation Methods and
Procedure. 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
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 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.
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.

II. OUTSIDE TRAVEL

Section 41 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. Purpose. 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.
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.

H. EARLY DISCHARGE INCENTIVE AND TERMINATION

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

Section 55 of Parole and Probation Administration Omnibus Rules on Probation Methods

and Procedure. 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:
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 (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.
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.

I. PERIOD OF PROBATION AND ITS IMPLICATION (Sec. 14 of PD 968)

I. PERIOD OF PROBATION
a. If the convict is sentenced to a term of imprisonment of NOT MORE THAN ONE (1), the period
of probation shall NOT EXCEED TWO (2) YEARS.
b. In all cases, if he is sentenced to MORE THAN ONE (1) YEAR, said period SHALL NOT
EXCEED SIX (6) YEARS.
c. 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 TWICE the total number of days of subsidiary imprisonment as computed at the rate
established by the RPC Art. 39.
ART. 39: When the principal penalty imposed be only a fine, the subsidiary imprisonment shall
not exceed 6 months if the culprit is executed for grave or less grave felony and shall not exceed 15
days for light felony

II. IMPLICATION OF THE PROBATION PERIOD: Both In Maximum Level

1. Minimum period of probation is left to discretion of courts
2. Court may set a straight period of probation anywhere within the range and limit set by
law
3. The court may order an indeterminate period with minimum and maximum period.
The determination of the term for probation can readily be seen to present itself as new
sentencing problem to the trial court when viewed in terms of probation goal. The imposition of the
right length of time that promises society maximum protection and the offender the best possible
chance of rehabilitation.
SOLUTION: The strategy is the Utilization of the Post Sentence Investigation Report which
furnishes him a good picture of the prisoner and the forces and circumstances that led him to crime.

J. CONDITIONS IN THE GRANT OF PROBATION AND ITS CONSEQUENCE IF VIOLATED

(SECTION 10, PD 968)

I. MANDATORY OR BUILT IN CONDITIONS

The two Mandatory Conditions of Probation
1. To present himself to the Probation Officer concerned for supervision within 72 hours from
receipt of said order; and
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 2. To report to the Probation Officer at least once a month during the period of probation.

II. OPTIONAL/DISCRETIONARY OR OTHER CONDITIONS

The Probation Order may also require the probationer in appropriate cases to:
1. Cooperate with a program of supervisor;
2. Meet his family responsibilities
3. Devote himself to a specific employment and not to change said employment without prior
written approval of the probation officer;
4. Comply with a program of payment of civil liability to the victim of his heirs;
5. Undergo medical, psychological or psychiatric examination and treatment and/or enter and
remain in specific institution, when required for that purpose;
6. Pursue a prescribed secular study or vocational training;
7. Attend or reside in a facility established for instruction or reaction of persons on probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverages to excess;
10. Permit the probation officer or unauthorized social worker to visit his home and place of work;
11. Reside at premises approved by the court and not to change his residence without prior written
approval; and
12. Satisfy any other condition related to the rehabilitation of the probationer and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

K. RULE IN VIOLATION OF CONDITIONS ITS MODIFICATION AND REVOCATION OF

PROBATION
Section 46 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. 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.

QUESTION
If the probationer committed a crime while under probation, what would be the
consequences?
a. The probationer will be arrested for violation of the condition of probation
b. Prosecution of the new crime committed
The court will order the serving of the original sentence of the previous offense

I. ABSCONDING PETITIONER
Section 43 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. 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.
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.

II. FACT-FINDING INVESTIGATION.

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 Section 47 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. 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.

REPORT: VIOLATION OF CONDITION

III.
Section 48 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. 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.

IV. VIOLATION OR INFRACTION REPORT

Infraction Report is 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.
Section 49 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. - Violation Report. Its Contents: Signatories and Submission to Trial Court. -
The Violation Report shall include, among others, the following:
1. accurate and complete statement of the facts and surrounding circumstances, concluding 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.
2. probationer's response, explanation and clarification duly sworn to before a notary public and other
supporting testimonial, documentary and objective evidence;
3. findings, assessment and recommendation of the Probation Office. The Violation Report shall be
prepared and signed by the SPPO, SrPPO, PPOII or PPOI concerned and approved and signed
by the CPPO.

V. STANDARDS IN PROCESSING VIOLATION:

It will be appropriate for standards to be formulated as a guide to probation officer, and court is
processing violation of conditions. In any event, the following: intermediate steps should be
considered as alternative to revocation:
a. A review of the conditions: followed by changes necessary or desirable

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 b. A formal or informal conference with probation to re-emphasize the necessity of compliance
with the conditions and:
c. Formal or informal warning that further violation should resolve to revocation of probation.
Revocation followed by imprisonment should be the disposition, however, when the court finds on
the basis of the original offense in the intervening conduct of the offender, that:
a. Confinement is necessary to protect the public from further criminal activity by the offender or
b. The offender is need of correctional treatment which can most effectively provided if confined,
or
c. It would unduly depreciate the seriousness of the offense if probation were not revoked.

VI. RULE VII OF THE REVISED RULES ON PROBATION: METHODS AND PROCEDURES

Sec.35: Methods and Procedures. A violation of probation shall be understood to main any act or
any omission on the part of the probationer with respect to the terms and condition or probation.

SEC. 36 The probation officer shall motu-propio (on his own) or upon the report of the probation aide
or any other person conduct a fact finding investigation of any alleged violation of probation

SEC.37 Rule VII of the Revised Rules on Probation. Once the investigation is completed the
probation officer shall report the result of the same to the court.

SEC.38 Rule VII of the Revised Rules on Probation. The report of the probation officer to the court
(P.A. form no. 38) concerning and alleged violation of the condition of probation shall include:
a. Complete statement of the facts of the alleged violation including the date, place and
circumstances thereof, statements of victims, witnesses and arresting officer if any.
b. The explanation, if any of the problem for the alleged violation.
c. The recommendation of the probation officer.

L. MODIFICATIONS OF CONDITIONS
Under Sec.12 of PD 968, during the period of probation the court may upon application of either
the probation or the probation officer revised or modify the condition or period of probation. The court
shall notify either the probationer or the probation officer of the filing of such application so as to give
both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and probationer of any change in the period
or conditions of probation.
Whether or not petition has been in violation- there can be change however it is believed that most
orders shall be made after violation- if not rejection of probation is persuasive. Due process must be
observed.
An order modifying the period or conditions of probation is NOT APPEALABLE. However
certiorari lies on the ground of abused of discretion.

Section 44 of Parole and Probation Administration Omnibus Rules on Probation Methods and
Procedure. 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 of Parole and Probation Administration Omnibus Rules on Probation Methods and
Procedure. Effectivity and Finality of Modified or Revised Probation Order. –(a) The Trial Court may
29
 modify or revise the Probation Order which shall become effectivity and final upon its promulgation
and receipt thereof by the probationer, unless specified otherwise by said Order.

M. REVOCATION OF PROBATION
Nobody can discount the probability that probationer may not violate the condition of probation
what is the concept of violation of probation. The following are the two grounds for revocation of
probation.
1. Failure to comply with any condition
2. Commission of another offense

QUESTION
What constitute commission of another offense or violation of penal law? Is it the act of
committing or perpetrating a crime? Or conviction for the commission of said offense?
Supreme Court ruled that a condition violated by the pardonee or parolee on judicial condition is
not necessary.
Supreme Court revoked probation on the basis of a subsequent final judgment without
remanding the case to the probation office.

NOTA BENA: An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.

I. EFFECT OF REVOCATION
Under Section 52 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure the following are the effect of revocation:
(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.

N. ARREST OF PROBATIONER; SUBSEQUENT DISPOSITION (SEC.15,PD NO. 968)

After considering the nature and seriousness of violation court may order arrest of probation.
Under Sec.15 of PD No. 968, 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.

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 Section 50 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. - Violation Report. It’s Contents: 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.

QUESTION
May the arrested of probationer admitted to bail?

YES, 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.

I. HEARING OF THE VIOLATION

Informal and summary - Probation have right to counsel and given all the opportunities to be
heard because it may lead to revocation and hence imprisonment.
Probation officer- prosecutes but may asked assistance from the prosecutor office in the
presentation of evidence.

Section 51 of Parole and Probation Administration Omnibus Rules on Probation Methods and
Procedure: 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.
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.

Parole and Probation Administration Omnibus Rules on Probation Methods and Procedure

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.

II. SAFEGUARD IN PROTECTION OF PROBATION DUE PROCESS

Before probation can revoked, the following may be required:
1. written notice of the claimed violation
2. disclosure of evidence against probation
3. opportunity to be heard and to present witnesses and document evidence
4. the right confronts and cross-examines adverse witnesses
5. a written statement of the fact finder as to the evidence relied and reason for revocation
(decision)

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O. TERMINATION AND CLOSING OF PROBATION CASE (SECTION 16, PD 968)
Section 16 of PD 968 - 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.

I. MODES AND GROUNDS OF TERMINATIONS OF THE PROBATION SUPERVISION CASE

1. The successful completion of program of probation.
2. Revocation for cause, or death of the probationer.

NOTA BENE: Termination Report - 30 days before the termination period.

Section 60 of Parole and Probation Administration Omnibus Rules on Probation Methods and
Procedure: 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.

Sec 50 of Revised Rules on Probation - After period of probation with satisfactory compliance with
condition of probation.
1. Revocation for case (sec. 40)
2. Other ways of terminating of probation:
a. Termination before the expiration of the period the court may terminate were the ends of
justice will serve thereby and when the good conduct and rehabilitation of the person so
held on probation shall warrant termination.
b. Termination of pardon of probation- absolute or conditional
c. Deportation of probation- alien
d. Death of probationer

Sec. 51 of Revised Rules on Probation - At least 30 days before the expiration of the period of
probation or unless otherwise required by the court, the probation officer shall submit a final report
(Probation Adm. Form no. 9) to the court which shall indicate:
a. The prescribe program of supervision and response of the probationer to said program
b. A recommendation as to whether the probationer nay be discharge from probation of not. If
not probation officer may recommend modification of term.
c. Such other information required by the court.

II. TERMINATION REPORT

Section 61 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure: Termination Report. - The City and Provincial Parole and Probation Office shall

32
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.
Such other relevant and material facts and information which may be required by the Trial Court.

III. FINAL DISCHARGE

Section 62 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure: 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.

Sec 63 of Parole and Probation Administration Omnibus Rules on Probation Methods and
Procedure: Legal Effect Of Discharge
1. Shall restore to him all civil rights lost or suspended as a result of conviction.
2. Fully discharge his liability for any fine as to the offense which probation was granted but not
civil liability.
3. The probationer and the probation office shall be promptly furnished with copies of such
It is hereby understood that, the probationer's political rights are not lost or suspended even
during the probation period.

IV. CLOSING OF PROBATION CASE

REVISED RULES ON PROBATION

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

PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES ON PROBATION METHODS

AND PROCEDURE

SECTION 64. POINT IN TIME. - After actual receipt of the Termination Order finally discharging the
probationer, the Probation Office shall formally close the probation case and keep clients case file.

SECTION 65. MODE. - Immediately after such closure of the probation case, the corresponding
probation records shall be archived, but not after the proper reporting is done.

V. CONFIDENTIALITY OF PROBATION RECORDS

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 Section 17 of PD 968. 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 documents or parts thereof whenever the best interest of the probationer make such
disclosure desirable or helpful: Provided, Further, That, any government office or agency engaged in
the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

SEC 57 REVISED RULES ON PROBATION

1. Where it can be found?
a. Court concern
b. Office of the chief provincial probation office assigned in city or province
c. Copies of this record forwarded to regional ppo and ppa (Central Office)
2. What are these records?
a. petition for probation
b. order or referral for investigation
c. worksheet, waiver, case presentation, or classification
d. resolve of record check from courts, barangay, PNP, as well as Case Management and
Records Division, PPA
e. request for courtesy investigation and its result
f. Post- Sentence Investigation Report
g. probation order, denying or granting probation
h. application for modification or revision of period or condition of probation
i. modification and revision order
j. record of hearing of violation of conditions of probation
k. revocation or termination order

3. Which records are confidential? Investigation Report and Supervisory History of Probation.
These are privilege and not accessible except to:
1. Probation Administration
2. Court
3. Probationer or
4. His attorney
5. Government offices or agencies engaged in the correction and rehabilitation of offender

VI. VIOLATION OF CONFIDENTIALITY

Section 29 of PD 968 – the penalty imposed 6 months and one day to 6 years and fined ranging
from 600 to 6000 pesos.

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 THE VOLUNTEER PROBATION AIDES (VPA)

A. VOLUNTEERISMS define
It is a strategy by which the parole and probation administration may be able to generate
maximum citizen participation or community involvement in the overall process of client
rehabilitation.

B. VOLUNTEER PROBATION AIDES (VPA) define

VPA are citizen of good standing in the community who are volunteer to assist the parole and
probation officers in the supervision of a number of probationers, parolees, and pardonees in tier
respective community.
Since they reside in the same community as the client, they are able to usher the reformation and
rehabilitation of the clients, ands on.

C. LEGAL BASIS
Section 28 of PD 968. 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.

D. QUALIFICATIONS
Section 57 of Parole and probation administration omnibus rules on probation methods
and procedure –
a) Must be citizens of good repute and probity.
b) At least 18 years of age on the date of appointment
c) At least high school graduates and
d) 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.

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Other qualification
1. Of sound mind and of good moral character.
2. As adequate and stable income and willing to serve without any compensation.
3. Has no criminal record of conviction, except those who have shown exemplary may therefore
be considered role model to fellow offenders.
4. Has the time to supervise a maximum of 5 clients.

E. APPOINTMENT AND TERMS OF OFFICE

Sec. 58 of Parole and probation administration omnibus rules on probation methods and
procedure:
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.

F. SALARY
VPA shall not receive any regular compensation but entitled to travel allowances allowed under
existing government rules and regulation.

G. DUTIES OF VPA
1. Assist the Probation Officer in supervision of probationer
2. Prepare and submit reports and record of his work as may be required by probation offices
3. Assist the probation officer in mobilization of community support for probation program

H. FUNCTIONS AND RESPONSIBILITIES

The functions and responsibilities of a VPA may include:
1. Works in close consultation and coordination with the chief probation and parole officer
(CPPO) and supervising officer-on-Case (SOC), who will provide the needed information about
the client including the treatment and supervision plan;
2. Supervise a maximum of five (5) clients and thereafter yen (10) clients upon re-appointment
subject to the administrative and technical supervision by the Chief Parole and Probation
Officer (CPPO);
3. Keeps all information about the clients in strict confidential;
4. Performs such other task related to clients rehabilitation as may be assigned by the CPPO
from time to time;
5. Prepares records of their activities and accomplish related reports and prompt submission
thereof and undertake other related activities; and
6. 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.

I. CASE LOAD

36
 Sec. 59 of Parole and probation administration omnibus rules on probation methods and
procedure:
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.

THE PAROLE AND PROBATION ADMINISTRATION

A. WHAT IS PAROLE AND PROBATION ADMINISTRATION?

The Parole and Probation Administration (Filipino: Pangasiwaan ng Parol at Probasyon),
abbreviated as PPA, is an agency of the Philippine government under the Department of Justice
responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely
to respond to individualized community-based treatment programs.

B. FUNCTIONS
To carry out these goals, the Agency through its network of regional and field parole and probation
officers performs the following functions:
a. To administer the parole and probation system
b. To exercise supervision over parolees, pardonees and probationers
c. To promote the correction and rehabilitation of criminal offenders.

C. POWERS AND DUTIES OF OFFICERS OF PROBATION ADINISTRATOR

A. PROBATION ADMINISTRATOR
The Administration shall be headed by the Probation Administrator, hereinafter referred to as
the Administrator.
It is appointed by the President of the Philippines. He shall hold office during good behavior
and shall not be removed except for cause. (Section 19 of PD 968:)

The following are the powers and Duties of Probation Administration under Section 19 of PD 968:
(a) Act as the executive officer of the Administration;
(b) Exercise supervision and control over all probation officers;
(c) Make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;
(d) Promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation process;
(e) Recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and

37
 (f) Generally, perform such duties and exercise such powers as may be necessary or incidental to
achieve the objectives of this Decree.

B. ASSISTANT PROBATION ADMINISTRATOR

Under Section 20 of PD 968 there shall be an Assistant Probation Administrator who shall
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.
He shall be appointed by the President of the Philippines and shall receive an annual salary
of at least thirty-six thousand pesos.

QUALIFICATIONS:
Under Section 21 of PD 968 to be eligible for Appointment as Administrator or Assistant
Probation Administrator one must be:
1. At least 35 years old
2. Holder of a master degree in criminology, social work correction, penology, psychology,
sociology, public administration , laws, police science, police administration or relation field.
3. 5 years supervisory experience
4. Member of BAR with 7 years supervisory

C. REGIONAL OFFICE; REGIONAL PROBATION OFFICER.

Under Section 22 of PD 968 the Administration shall have regional offices.
Such regional offices shall be headed by a Regional Probation Officer.
1. He shall exercise supervision and control over all probation officer within his jurisdiction and
such duties as may assigned to him by the Administrator.
2. He shall have an annual salary of at least 24,000 pesos.
The Regional Probation Officer shall be assisted by an Assistant Regional Probation Officer
with an annual salary of at least 20,000 pesos
N.B. Both were appointed by President of the Philippines upon the recommendation of the
Secretary of Justice.

D. PROVINCIAL AND CITY PROBATION OFFICERS.

Under Section 22 of PD 968 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.
The Provincial or City Probation Officer shall receive an annual salary of at least 8,400.
His duties shall be to:
(a) Investigate all persons referred to him for investigation by the proper court or the Administrator;
(b) Instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;
(c) Keep himself informed of the conduct and condition of probationers under his charge and use
all suitable methods to bring about an improvement in their conduct and conditions;
(d) Maintain a detailed record of his work and submit such written reports as may be required by
the Administration or the court having jurisdiction over the probationer under his supervision;
(e) Prepare a list of qualified residents of the province or city where he is assigned who are willing
to act as probation aides;
(f) Supervise the training of probation aides and oversee the latter's supervision of probationers;

38
 (g) Exercise supervision and control over all field assistants, probation aides and other personnel;
and
(h) Perform such duties as may be assigned by the court or the Administration.

Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers.

(Section 25 of PD 968)
No person shall be appointed Regional or Assistant Regional or Provincial or City Probation
Officer unless:
1. He possesses at least a bachelor's degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, administration, or related fields
2. He has at least 3 years of experience in work requiring any of the abovementioned disciplines
or
3. A member of the Philippine Bar with at least 3 years of supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.

E. MISCELLANEOUS POWERS UNDER SECTION 24 OF PD 968.

They shall have the authority within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their duties and functions under this
Decree. They shall also have, with respect to probationers under their care, the powers of police
officer.

F. FIELD ASSISTANTS, SUBORDINATE PERSONNEL

Sec. 27. Field Assistants, Subordinate Personnel. — Provincial or City Probation Officers shall
be assisted by such field assistants and subordinate personnel as may be necessary to enable them
to carry out their duties effectively.

D. THE ORGANIZATION STRUCTURE OF PROBATION ADMINISTRATION (See Appendices)

The Probation Administration was created by virtue of Presidential Decree No. 968, “The
Probation Law of 1976”, to administer the probation system. Under Executive Order No. 292, “The
Administrative Code of 1987” which was promulgated on November 23, 1989, the Probation
Administration was renamed “Parole and Probation Administration” and given the added function of
supervising prisoners who, after serving part of their sentence in jails are released on parole pardon
with parole conditions
Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs
Board, the Administration performs another additional function of investigating and supervising first-
time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
Probation Administration (EO no. 292 Paroles and Probation Administration) Line Bureau under
the DOJ

A. CENTRAL OFFICE
1. OFFICE OF THE ADMINISTRATOR – It acts as the head and the executive officer of the PPA.
a. Planning staff – Develops plans, programs and conducts, research towards economical,
efficient and effective operation and implementation of PD no. 968 as amended.
b. Technical services - It acts as service arm of the Board of Pardons and Parole in the
supervision of parolees and pardoness.

39
2. OFFICE OF THE DEPUTY ADMINISTRATOR - One deputy. Assist the administrator and
performs such duties as may be assigned by the administrator.

3. STAFF DIVISION
1. ADMINISTRATIVE DIVISION (AD) – It provides the administration with well-planned, directed
and coordinated services relating to personnel, records, supplies and equipment,
disbursement, security and janitor/messengerial services and public information dissemination.
1. Personnel Section
2. Public Information Section
3. Records and Mailing Section
4. Cash Section
5. Property Section
6. General Services Section

2. FINANCIAL MANAGEMENT DIVISION (FMD) - It provides financial support to all units of the
agency and implements policies and procedure on financial management in accordance with
the government rules and regulations.
1. Accounting Section
2. Budget Section
3. Management Section

3. LEGAL AND INSPECTORATE DIVISION (LID) – It provides various units of the

administration with legal advice, prepares opinions on questions of law that may arise in the
implementation of P.D. no. 968 as amended.
1. Inspection and Investigation Section
2. Legal Counseling Section

4. TRAINING DIVISION (TD) - Develops, conducts, monitors and evaluates training programs for
improved job performance of the line and staff personnel of the agency, develops modules for
training of community volunteers, facilities and monitors attendance of officials and employees
in training programs sponsored by the other agencies/organizations.
1. Research Development Section
2. Material Preparation and A/V Section
3. Training Evaluation Section

5. COMMUNITY SERVICES DIVISION (CMSD) – Assist in the establishment/development of

facilities, programs and services for the rehabilitation of probationers/parolees/pardonees
utilizing community resources, provides technical and consultative services to operating units
and offices of the administration, screens and recommends for appointment of VPAs.
1. Community Programs Section
2. Volunteer services Section

6. CASE MANAGEMENT AND RECORDS DIVISION - It provides technical services assistance

to field officers in improving investigation procedures/supervision over probationers and their
services to the courts; conducts studies on caseloads, caseworks services and procedures in
case management, maintains central files of records of
petitioners/probationers/parolees/pardonees and establishes linkages with criminal justice
pillars for improvement of case load management.
40
 7. CLINICAL SERVICES DIVISION (CSD) - Provides the administration with effective
diagnostic/evaluation and therapy/management of PPA employees and their dependents,
petitioner, probationers, parolees, pardonees which include psychiatric, medical, dental, and
psychological and social services.
1. Psychological Services Section
2. Social Services Section
3. Medical and Dental Section

B. REGIONAL OFFICES - Regional Probation and Parole Offices (Dir. II/ Regional Dir.) - It exercise
supervision and control over all provincial/city Parole and Probation offices within the jurisdiction
and performs such duties as may be assigned by the administrator.
- One Deputy (Dir. I/ Asst. Reg. Dir.)
- 15 Regional Office

C. PROVINCE/CITY OFFICE – It undertakes the investigation of petitioners for probation referred by

the courts for PSIRs; supervise probationers/parolees/pardoness and perform such other duties
as may be assigned by the administrator. CHIEF PPO ASSISTED BY:
- Senior Probation and Parole Officer (Sr. PPO)
- Probation and Parole Officer II (PPO II)
- Parole and Probation Officer I (PPO I)
- Clerk II

NOTA BENE: See Appendix for the Organizational Charts

PROBATION ADMINISTRATION – appointed by President - h\old office during good behavior/ or

shall not be remove without case.

Regional Probation Office- appointed by the President upon recommendation Secretary of DOJ. It
IS Assisted by Assistant Regional Probation Office

Provincial or City Probation and Parole Officer- at least one in each province or City appointed by
secretary of DOJ, upon recommendation of Probation Administration.

Requirement for Regional Probation Office, Assistant RPO, Provincial or City:

1. A bachelor degree major in social work, sociology, psychology, criminology, penology,
correction, police science, police administration or related field with 3 years supervisory
experience.
2. member of the BAR with 3 years supervisory experience

E. MAJOR REHABILITATION PROGRAMS

A. RESTORATIVE JUSTICE (RJ) 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. It is a victim-centered response to crime that provides
opportunity for those directly affected by the crime - the victim, the offender, their
families and the community - to be directly involved in responding to the harm caused
41
 by the crime. Its ultimate objective is to restore the broken relationships among
stakeholders.
The Restorative Justice process provides a healing opportunity for affected parties to
facilitate the recovery of the concerned parties and allow them to move on with their lives.

B. The VOLUNTEER PROBATION AIDE (VPA) PROGRAM is a strategy by which the

Parole and Probation Administration may be able to generate maximum citizen
participation or community involvement. Citizens of good standing in the community
may volunteer to assist the probation and parole officers in the supervision of a number
of probationers, parolees and conditional pardonees in their respective communities.
Since they reside in the same community as the client, they are able to usher the
reformation and rehabilitation of the clients hands-on.
In collaboration with the PPO, the VPA helps pave the way for the offender, victim and
community to each heal from the harm resulting from the crime done. They can initiate a circle
of support for clients and victims to prevent further crimes, thereby be participants in nation-
building.

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.
TC adheres to precepts of “right living” - Responsible Love and Concern; Truth and
Honesty; the Here and Now; Personal Responsibility for Destiny; Social Responsibility
(brother’s keeper); Moral Code; Work Ethics and Pride in Quality.
The Therapeutic Community (TC) is an environment that helps people get help while
helping themselves. It operates in a similar fashion to a functional family with a hierarchical
structure of older and younger members. Each member has a defined role and responsibilities
for sustaining the proper functioning of the TC. There are sets of rules and community norms
that members commit to live by and uphold upon entry. The primary “therapist” and teacher is
the community itself, consisting of peers, staff/probation and parole officers and even
Volunteer Probation Aides (VPA), who, as role models of successful personal change, serve
as guides in the recovery process.

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 PAROLE

A. WHAT IS PAROLE?

It is the provisional release of a prisoner who agrees to certain conditions prior to the completion
of the maximum sentence period. Originating from the French parole ("voice", "spoken words"), the
term became associated during the Middle Ages with the release of prisoners who gave their word.
It is the process of suspending the sentence of a convict after having served the minimum of
his sentence without granting him pardon, and the prescribing term upon which the sentence shall
be suspended.
It is the release from imprisonment, but without full restoration of liberty, as parolee is in custody of
the law although not in confinement.

PRE-PAROLE INVESTIGATION
The Administration has been authorized by the Board to conduct pre-parole investigation of
deserving city, provincial and national prisoner confined in the city and provincial jails, the national
penitentiary and penal colonies, whenever their best interests and that of justice will be served
thereby, and to submit reports of said investigation at least 60 days before the expiration of the
minimum sentences of the prisoners concerned.

CREATION OF PAROLE SYSTEM IN THE PHILIPPINES:

It came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225, otherwise
known as the Indeterminate Sentence Law, which took effect on Dec. 5, 1933. Board of Pardons and
Parole – administers the Parole system of the country

B. DISTINCTION BETWEEN PAROLE & PROBATION

43
 These two concepts are sometimes used interchangeably, but there are substantial differences
between the two. Parole is a conditional release from actual confinement under sentence of
imprisonment, contingent upon future conduct with respect to terms of parole, and the parolee is
subject to future confinement for the un-served portion of sentence in the event he violates provisions
of parole. While probation relates to action taken before prison door is closed, and before final
conviction, parole relates to action taken after the prison door has been closed, and partakes of the
nature of pardon, for it suspends execution of penalty already imposed.
An order placing a defendant on probation is not a final judgment, but is rather an "interlocutory
judgment" in the nature of a conditional order placing the defendant under the supervision of the court
for his reformation, to be followed by a final judgment of discharge, if the conditions of probation are
complied with, or by a final judgment of sentence if the conditions are violated.
The following are the other distinction:

PAROLE PROBATION
Administrative function exercised by the It is a judicial function exercise by the
executive branch of the government courts.
(executive function)
Granted to a prisoner only after he has Granted to an offender immediately after
serve the minimum of his sentence. conviction.
It is an extension of institutional. It is a It is substitute for imprisonment.
conditional release of a prisoner whereby he Probation is an alternative to imprisonment.
is placed under the supervision of a Parole Instead of being confined in prison, the
Officer after serving his minimum sentence. probationer is released to the community by
the court with conditions to follow and is
placed under the supervision of PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by parole officer Probationer supervise by probation officer
Parole is administered by the Parole Board. Probation is handled by the Probation
Administration
Parole does not restores full civil rights to Probation is more beneficent because it
parolee restores full civil rights to the probationer
upon termination unlike parole.
It is granted more than once, depending on Probation is enjoyed only once
good behavior during imprisonment
Convict must serve the minimum of his Probation is a community-based approach
sentence before the grant. to reformation of offenders.

C. ADVANTAGES AND DISADVANTAGES OF PAROLE

A. ADVANTAGES OF PAROLE
Parole is the release of a prisoner who agrees to certain conditions upon being released. An
advantage of parole is that it can be used to award prisoners for good behavior during their sentence.
One of the other advantages is the economy factors. Releasing prisoners on parole can force
them to get a job and no longer be a ward of the state. The money from the prisoner’s job will then
pay for state taxes and further help out the government.

44
 Another advantage is the thought of parole can cause prisoners to serve their sentence
peacefully until they reach the point where they can be granted parole. This may lessen the amount
of prison fights and altercations with the guards.
Parole is the early release of convicts from prison, prior to the completion of their given sentence.
Parole is issued based on good behavior or the parole board's determination that the convict has
been sufficiently reformed to re-enter society. Therein lies its foremost advantage: the provision of
fresh opportunity and the chance to start anew for criminals. It is also advantageous to the
public to reduce the number of people incarcerated, which can cost tens of thousands prisoner per
year. Furthermore, reducing incarceration rates is conducive to a free, democratic society.

B. DISADVANTAGE OF PAROLE
Parole involves the risk that the parolee may become a repeat offender (known as recidivism in
the criminal justice field). It also involves the risk that he won't, in fact, be able to survive on his own
upon release, and will fall victim to chronic unemployment, homelessness, social maladjustment or
substance abuse. Another disadvantage of parole is that it frequently involves the continuation of
involvement by the criminal justice system (at a financial cost to the public and to the detriment of
individual liberty) in the parolee's life, because parole is often accompanied by monitoring for a
certain period thereafter.

D. PRISONERS QUALIFIED AND DISQUALIFIES FOR PAROLE

A. PRISONERS QUALIFIED
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible for the grant
of parole upon showing that –
a. He is confined in a jail or prison to serve an indeterminate prison sentence, the maximum
period of which exceeds one year, pursuant to a final judgment of conviction; and that
b. He has served the minimum period of said sentence less the good conduct time allowances
(GCTA) earned.
c. There is a reasonable probability that if released, he will become law-abiding; and
d. His release will not be incompatible with the interests and welfare of society.

"RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE CASE - AN INMATE'S CASE MAY BE
ELIGIBLE FOR REVIEW BY THE BOARD PROVIDED:

1. Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1)
year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate's conviction is final and executor;
4. 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.
5. Inmate has no pending criminal case; and
6. Inmate is serving sentence in the national penitentiary, unless the confinement of said
inmate in a municipal, city, district or provincial jail is justified.

E. PRISONERS DISQUALIFIED FOR PAROLE: (Section 2, Act no. 4103)

1. Those persons convicted of offenses punished with reclusion perpetua;
2. Those convicted of treason, conspiracy or proposal to commit treason;
45
 3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those who evaded sentence;
7. Those who were granted conditional pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed 1 year or are with a definite
sentence;
9. Those suffering from any mental disorder as certified by a psychiatric report of the bureau of
correction or national center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an offense committed while serving sentence.
12. 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
13. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."

F. BOARD OF PARDONS AND PAROLE

The Board of Pardons and Parole, created by virtue of Act No. 4103 (1933) known as the
Indeterminate Sentence Law, is an agency under the Department of Justice (DOJ) tasked to uplift
and redeem valuable human resources to economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty by way of parole or through executive clemency.

The Board undertakes the following:

1. 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 release of such prisoners
on parole;
2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with
parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive clemency
to prisoners other than those entitled to parole.

The Board of Pardons and Parole administers the Parole system of the country.

A. COMPOSITION OF THE BOARDS OF PARDON AND PAROLE

Chairman - Secretary of the DOJ

Ex-Officio - Probation Administrator of the Parole and Probation Administration
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
1. Person qualified for the work by training/experience and a member of the Philippine BAR.

B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE OF 1987; [BOOK IV/TITLE

III/CHAPTER 6-BOARD OF PARDONS AND PAROLE]

46
 BOARD OF PARDONS AND PAROLE

SECTION 17. Board of Pardons and Parole.—The Board of Pardons and Parole shall continue to
discharge the powers and functions as provided in existing law and such additional functions as may
be provided by law.

SECTION 18. Board Composition.—The Board shall be composed of the Secretary as Chairman and
six (6) members consisting of: The Administrator of the Parole and Probation Administration as ex-
officio member, a sociologist, a clergyman, an educator, a person with training and experience in
correction work, and a member of the Philippine Bar; Provided, that one of them is a woman. The
members of the Board shall be appointed by the President upon the recommendation of the
Secretary and shall hold office for a term of six (6) years, without prejudice to reappointment.
In case of vacancy by reason of death, incapacity, resignation or removal of any of the Board
members, the Secretary shall have the authority to designate a temporary member possessing the
qualifications of his predecessor and to serve out his unexpired term or until the President shall have
appointed a regular member to fill the vacancy.

SECTION 19. Executive Director and Board Secretary; Support Staff.—In the performance of his
duties as Chairman of the Board of Pardons and Parole, the Secretary shall be assisted by a staff
headed by the Executive Director who is at the same time the Secretary of the Board. The Executive
Director shall be appointed by the President upon the recommendation of the Secretary. The
Executive Director shall receive a monthly salary of thirteen thousand five hundred pesos.
The Board Secretary shall prepare and keep the minutes of all the board sessions in a book of
records kept for the purpose, as well as all the resolutions and recommendations of the Board on all
actions involving parole, pardons and executive clemency to the President; authenticate and/or attest
all minutes, resolutions and recommendations of the Board; prepare and serve all notices of board
47
meetings or sessions to the members of the Board; prepare an annual report of all resolutions and
recommendations for parole or executive clemency and other reports that the Department may
require. He shall also perform such other functions as the Board may from time to time assign to him.
SECTION 20. Board Meetings.—The Board shall meet regularly every week, or as the Board may
direct, or upon call by the Chairman/Secretary. The members shall act only as a Board, and every
decision of the majority shall be valid as an act of the Board provided, that the Board may direct a
Board member to prepare and submit a report involving any application for parole, pardon or any
request for executive clemency for appropriate action by the Board.
SECTION 21. Board Rules and Regulations.—The Board is hereby authorized to establish and
prescribe, subject to the approval of the Secretary, rules and regulations to govern the proceedings of
the Board.
SECTION 22. Indeterminate Sentence Law.—The provisions of Act No. 4103, otherwise known as
the Indeterminate Sentence Law, as amended, shall continue to apply except as otherwise amended,
modified or repealed by this Code.

G. ACT NO. 4103 - 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.

SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal
Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending circumstances, could be properly
imposed under the rules of the said Code, and the minimum which shall be within the range of the
penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by
any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term
of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the
minimum term prescribed by the same. (As amended by Act No. 4225.)

SECTION 2. This Act shall not apply to persons convicted of offenses punished with death penalty or
life-imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to
those who are habitual delinquents; to those who have escaped from confinement or evaded
sentence; to those who having been granted conditional pardon by the Chief Executive shall have
violated the terms thereof; to those whose maximum term of imprisonment does not exceed one year,
not to those already sentenced by final judgment at the time of approval of this Act, except as
provided in Section 5 hereof. (As amended by Act No. 4225.)

SECTION 3. There is hereby created a Board of Pardons and Parole to be composed of the
Secretary of Justice who shall be its Chairman, and four members to be appointed by the President,
with the consent of the Commission on Appointments who shall hold office for a term of SIX YEARS:
Provided, That one member of the board shall be a trained SOCIOLOGIST, one a CLERGYMAN
or EDUCATOR, one PSYCHIATRIST unless a trained psychiatrist be employed by the board,
and the other members shall be PERSONS QUALIFIED FOR SUCH WORK BY TRAINING AND
EXPERIENCE. At least one member of the board shall be a WOMAN. Of the members of the
present board, two shall be designated by the President to continue until December thirty, nineteen
48
hundred and sixty-six and the other two shall continue until December thirty, nineteen hundred and
sixty-nine. In case of any vacancy in the membership of the Board, a successor may be appointed to
serve only for the unexpired portion of the term of the respective members. (As amended by Republic
Act No. 4203, June 19, 1965.)

FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS AND PAROLE

SECTION 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as
may be necessary for carrying out its functions and duties. The Board is empowered to call upon any
bureau, office, branch, subdivision, agency or instrumentality of the Government for such assistance
as it may need in connection with the performance of its functions. A majority of all the members shall
constitute a quorum and a majority vote shall be necessary to arrive at a decision. Any dissent from
the majority opinion shall be reduced to writing and filed with the records of the proceedings. Each
member of the Board, including the Chairman and the Executive Officer, shall be entitled to receive
as compensation fifty pesos for each meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the Revised Administrative Code, and in addition
thereto, reimbursement of actual and necessary travelling expenses incurred in the performance of
duties: Provided, however, That the Board meetings will not be more than three times a week. (As
amended by Republic Act No. 4203, June 19, 1965.)

SECTION 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical,
mental and moral record of the prisoners who shall be eligible to parole and to determine the proper
time of release of such prisoners. Whenever any prisoner shall have served the minimum penalty
imposed on him, and it shall appear to the Board of Indeterminate Sentence, from the reports of the
prisoner’s work and conduct which may be received in accordance with the rules and regulations
prescribed, and from the study and investigation made by the Board itself, that such prisoner is fitted
by his training for release, that there is a reasonable probability that such prisoner will live and remain
at liberty without violating the law, and that such release will not be incompatible with the welfare of
society, said Board of Indeterminate Sentence may, in its discretion, and in accordance with the rules
and regulations adopted hereunder, authorize the release of such prisoner on parole, upon such
terms and conditions as are herein prescribed and as may be prescribed by the Board. The said
Board of Indeterminate Sentence shall also examine the records and status of prisoners who shall
have been convicted of any offense other than those named in Section 2 hereof, and have been
sentenced for more than one year by final judgment prior to the date on which this Act shall take
effect, and shall make recommendation in all such cases to the Governor-General with regard to the
parole of such prisoners as they shall deem qualified for parole as herein provided, after they shall
have served a period of imprisonment not less than the minimum period for which they might have
been sentenced under this Act for the same offense.

SECTION 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such
times and in such manner as may be required by the conditions of his parole, as may be designated
by the said Board for such purpose, report personally to such government officials or other parole
officers hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum sentence imposed upon him or until final release
and discharge by the Board of Indeterminate Sentence as herein provided. The officials so
designated shall keep such records and make such reports and perform such other duties hereunder
as may be required by said Board. The limits of residence of such paroled prisoner during his parole
may be fixed and from time to time changed by the said Board in its discretion. If during the period of
surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not violate
49
any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may issue a final
certificate of release in his favor, which shall entitle him to final release and discharge.

SECTION 7. The Board shall file with the court which passed judgment on the case, and with the
Chief of Constabulary, a certified copy of each order of conditional or final release and discharge
issued in accordance with the provisions of the next preceding two sections.

SECTION 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his parole, the Board of Indeterminate Sentence may
issue an order for his re-arrest which may be served in any part of the Philippine Islands by any police
officer. In such case the prisoner so re-arrested shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison, unless the Board of
Indeterminate Sentence shall, in its discretion, grant a new parole to the said prisoner. (As amended
by Act No. 4225.)

SECTION 9. Nothing in this Act shall be construed to impair or interfere with the powers of the
Governor-General as set forth in Section 64(i) of the Revised Administrative Code or the Act of
Congress approved August 29, 1916 entitled “An Act to declare the purpose of the people of the
United States as to the future political status of the people of the Philippine Islands, and to provide a
more autonomous government for those Islands.”

SECTION 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to
receive the benefits provided in Section 1751 of the Revised Administrative Code.

Effective on December 5, 1933.

INDETERMINATE SENTENCE LAW PRIMER- Instead of imposing a “straight” penalty, the court
must determine two penalties (maximum and minimum)

I. PURPOSE: To uplift and redeem valuable human material, and prevent unnecessary and
excessive deprivation of liberty and economic usefulness. Penalties shall not be standardized but
fitted as far as is possible to the individual, with due regard to the imperative necessity of
protecting the social order (People v. Ducosin, 59 Phil 109).
II. COVERAGE
A. GENERAL RULE: All persons convicted of certain crimes under Philippine courts
B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons
1. Convicted of offense punishable with death penalty or life imprisonment
2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or violated the terms of a conditional pardon
8. Persons already sentenced by final judgment at the time this Act was approved (Dec. 5, 1933)
III. APPLICATION
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX (IMPOSABLE)
1. Derive MAXIMUM term imposable by applying rules for aggravating (AC) and ordinary
mitigating circumstances (MC) under Art. 64 and for complex crimes under Art. 48
50
 a. No AC or MC: Penalty PRESCRIBED medium period
b. 1 AC, no MC: Penalty PRESCRIBED maximum period
c. No AC, 1 MC: Penalty PRESCRIBED minimum period
d. Several ACs and MCs: OFFSET then apply rules to remainder
e. No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
f. If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is a
necessary means for committing the other): Penalty for the MOST SERIOUS CRIME
maximum period

2. Derive MINIMUM term by getting the penalty one degree lower than the penalty prescribed by
the RPC, without regard to its three periods. The court has discretion to fix as the minimum
term any period of imprisonment within that penalty next lower to the penalty prescribed.

EXCEPTION: WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT

follow the aforementioned rule. Consider the privileged mitigating circumstance FIRST before
any AC or MC to get the PENALTY PRESCRIBED and then proceed as required by the rule
on deriving the minimum term. Otherwise, the maximum of the ISL will end up being lower
than the minimum of the ISL.

B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)
1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by
the special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed
by the special law

H. IMPLEMENTING RULES AND REGULATION ON PAROLE AND PARDON – Nov.

26, 2002

Pursuant to the provisions of Section 4 of Act No. 4103, "The Indeterminate Sentence Law", as
amended, the following Rules and Regulations are hereby promulgated to govern the actions and
proceedings of the Board of Pardons and Parole:

I. GENERAL PROVISIONS
SEC. 1. Policy Objectives - Under the provisions of Act No. 4103, as amended, otherwise known as
the "Indeterminate Sentence Law", which was approved on December 5, 1933, 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:
1. 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 release of such prisoners
on parole;
2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with
parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive clemency
to prisoners other than those entitled to parole.

SEC. 2. Definition of Terms - As used in these Rules, unless the context indicates otherwise-
e. "Board" refers to the Board of Pardons and Parole;
51
f. "Executive Director" refers to the Executive Director/Secretary of the Board;
g. "Administration" refers to the Parole and Probation Administration;
a. "Administrator" refers to the Administrator of the Parole and Probation Administration;
b. "Regional Director" refers to the Head of the Parole and Probation Administration in the
region;
c. "Probation and Parole Officer" refers to the Probation and Parole Officer undertaking the
supervision of the client;
d. "Director" refers to the Director of the Bureau of Corrections;
e. "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;
f. "Warden"refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail;
g. "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;
h. "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;
i. "Parole" refers to the conditional release of an offender from a correctional institution after he
has served the minimum of his prison sentence;
j. "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;
k. "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;
l. "Commutation of Sentence" refers to the reduction of the duration of a prison sentence of a
prisoner;
m. "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;
n. "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;
o. "Petitioner" refers to the prisoner who applies for the grant of executive clemency or parole;
p. "Parolee" refers to a prisoner who is released on parole;
q. "Pardonee" refers to a prisoner who is released on conditional pardon;
r. "Client" refers to a parolee/pardonee who is placed under supervision of a Probation and
Parole Officer;
s. "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;
t. "Parole Supervision" refers to the supervision/surveillance by a Probation and Parole Officer of
a parolee/pardonee;
u. "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;

52
 v. "Progress Report" refers to the report submitted by the Probation and Parole Officer on the
conduct of the parolee/pardonee while under supervision;
w. "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.

SEC. 3. National Prisoner Confined in a Local Jail - The Board may not consider the release on
pardon/parole of a national prisoner who is serving sentence in a municipal, city, district or provincial
jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoner's
control.
A national prisoner, for purposes of these rules, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine of more than five thousand pesos (Php.5,000);
or regardless of the length of sentence imposed by the court, to one sentenced for violation of the
customs law or other laws within the jurisdiction of the bureau of customs or enforceable by it, or to
one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the period of
three (3) years.

IS NATIONAL PRISONER CONFINED IN A LOCAL JAIL CAN BE RELEASE ON

PARDON/PAROLE?
No, unless his confinement in said jail is in good faith or due to circumstances beyond the
prisoner's control.
WHO ARE NATIONAL PRISONERS UNDER THE RULES?
The following are the National Prisoners:
1. Those WHO IS SENTENCED TO A MAXIMUM TERM OF IMPRISONMENT OF
MORE THAN THREE (3) YEARS or to a fine of more than five thousand pesos
(Php. 5,000);
2. Those who SENTENCED FOR VIOLATION OF THE CUSTOMS LAW OR
OTHER LAWS WITHIN THE JURISDICTION OF THE BUREAU OF CUSTOMS or
enforceable by it, regardless of the length of sentence imposed by the Court; and
3. Those one sentenced to serve two (2) or more prison sentences in the aggregate
exceeding the period of three (3) years.

SEC. 4. Scope of Authority - The Board may consider the case of a prisoner for executive clemency
or parole only after his case has become final and executory. It will not take action on the petition of a
prisoner who has a pending criminal case in court or when his case is on appeal.

In case the prisoner has one or more co-accused who had been convicted, the Director/Warden
concerned shall forward their prison records and carpetas at the same time.

II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE

SEC. 5. Filing of Petition - A formal petition for executive clemency addressed as follows shall be
submitted to the Board before the question of said clemency will be considered:
"The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole

53
 DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"
Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.

SEC. 6. Contents of Petition - A petition for parole/executive clemency shall state the name of the
prisoner, his age, previous criminal record, if any, whether a Filipino citizen or an alien and, if a
naturalized Filipino, his former nationality and date of naturalization, his previous occupation, place of
residence, present crime for which he was convicted, the trial/appellate court, his penalty of
imprisonment, fine, indemnity and the commencing date thereof, the jail or prison to which he was
committed and/or where he is presently confined, the date he was received for confinement, the
grounds upon which executive clemency is being asked and certification from the trial court that his
case is not on appeal.

In addition to the above-mentioned data, a petition for absolute pardon shall be under oath and shall
include the date the petitioner was released from prison after service of sentence or released on
parole/pardon or terminated from probation.

SEC. 7. Supporting Documents of Petition for Absolute Pardon - The petition for absolute pardon
shall be accompanied by -
a. the affidavits of at least two (2) responsible members of the community where the petitioner
resides. The affidavits shall, among others, state that the petitioner has conducted himself in a
moral and law-abiding manner since his release from prison and shall indicate the petitioner's
occupation and his social activities including religious involvement;
b. the clearances from the National Bureau of Investigation, the Philippine National Police, the
Prosecutor's Office, the Municipal Circuit Trial Court, the Municipal Trial Court, the Municipal
Trial Court in Cities, the Metropolitan Trial Court and the Regional Trial Court where petitioner
resides;
c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from the City/Municipal
Treasurer or Probation and Parole Officer on his financial condition; and,
d. proof of service of sentence or certificate of Final Release and Discharge or court's
Termination Order of probation.

SEC. 8. Referral of Petition for Absolute Pardon to a Probation and Parole Officer
- Upon receipt of a petition for absolute pardon, the Board shall refer the petition to a
Probation and Parole Officer who shall conduct an investigation on the conduct and
activities, as well as the social and economic conditions, of the petitioner prior to his
conviction and since his release from prison and submit a report thereof within fifteen
(15) days from receipt of the referral.

SEC. 9. Referral of Petition for Executive Clemency/Parole to Other Government

Agencies - A petition for executive clemency shall be referred by the Board to the
Secretary of National Defense for comment and recommendation if the crime committed
by the petitioner is against national security or public order or law of nations. In case of
violation of election laws, rules and regulations, a petition for executive clemency/parole
shall be referred to the Commission on Elections for favorable recommendation,
provided, however, that regardless of the crime committed, a petition for executive
54
clemency/parole may be referred for a pre-parole/executive clemency investigation to a
Probation and Parole Officer who shall submit a report on the behaviour, character
antecedents, mental and physical condition of the petitioner within thirty (30) days from
receipt of referral, to include the results of the National Bureau of Investigation records
check.
In case of an alien, the petition shall be referred to the Department of Foreign Affairs for
comment and recommendation.

III. EXECUTIVE CLEMENCY

SEC. 10. 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
5. At least twenty (20) years in case of one (1) or more death
penalty/penalties, which was/were automatically reduced or commuted to
one (1) or more reclusion perpetua or life imprisonment;
B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of
the minimum of his original indeterminate and/or definite sentence. However, in
the case of a prisoner who is convicted of a heinous crime as defined in Republic
Act No. 7659 and other special laws, he shall have served at least one-half (1/2)
of the maximum of his original indeterminate sentence before his case may be
reviewed for conditional pardon.
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 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.

SEC. 11. 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.

55
SEC. 12. Transmittal of Carpeta and Prison Record - In executive clemency/parole
cases, the Director or Warden concerned shall forward the prison record and carpeta of
a petitioner at least one (1) month prior to the eligibility for review as specified in
Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the Board and the Administration
on or before the fifth day of every month, a list of prisoners whose minimum sentences
will expire within ninety (90) days and those who may be considered for executive
clemency.

IV. PAROLE
SEC. 13. 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.

SEC. 14. 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.

SEC. 15. Disqualification for Parole - The following prisoners shall not be granted
parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua
or Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or
espionage;
c. Those convicted of misprision of 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 were granted Conditional Pardon and 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 suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.

SEC. 16. 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.
56
 V. PROCEEDINGS OF THE BOARD

SEC. 17. Interview of Prisoners - Any Board member or government official authorized by the Board
may interview prisoners confined in prison or jail to determine whether or not they may be released
on parole or recommended for executive clemency.
The Board or its authorized representatives shall interview an inmate who was sentenced to
Reclusion Perpetua or Life imprisonment, or whose sentence had been commuted from Death to
Reclusion Perpetua.
Before an interview, the Board may require a prisoner convicted of a heinous crime as defined under
Republic Act No. 7659 and other special laws to undergo psychological/psychiatric examination if the
prisoner has a history of mental instability, or in any case, if the Board finds a need for such
examination in the light of the nature of the offense committed or manner of its commission.

SEC. 18. Publication of those Eligible for Executive Clemency/Parole - The Board shall cause
the publication in a newspaper of general circulation the names of prisoners convicted of heinous
crimes or those sentenced by final judgment to Reclusion Perpetua or Life imprisonment, who may be
considered for release on parole or for recommendation for absolute or conditional pardon.

SEC. 19. Objections to Petitions - When an objection is filed, the Board may consider the same by
requesting the person objecting to attach thereto evidence in support thereof. In no case, however,
shall an objection disqualify from executive clemency/parole the prisoner against whom the objection
is filed.

SEC. 20. Documents to be Considered - The carpeta and prison record of the prisoner and other
relevant documents, such as the mittimus or commitment order, prosecutor's information and
trial/appellate court's decision of the case of the prisoner shall be considered by the Board in deciding
whether or not to recommend executive clemency or to grant parole.
In case the prisoner has one or more co-accused who had been convicted, the Board shall consider
at the same time the prison records and carpetas of said co-accused.

SEC. 21. 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;
d. availability of after-care services for the petitioner who is old, seriously ill or suffering from a
physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. 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.

SEC. 22. 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;
57
 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.

FACTORS THAT THE PAROLE BOARD CONSIDERS FOR ELIGIBILITY

A common misconception is that just because a convict is eligible for parole, he will be
automatically released and paroled into the community. Equally, just because the convict has
served enough of his jail term does not mean he will be released without review. Neither are
accurate. The fact of the matter is that some inmates (e.g., Charles Manson) are never found
suitable for parole and will serve the rest of their term inside the prison walls.
Public safety and assisting the offender in reintegrating into the community are the most
important considerations in any parole decision. Is the inmate willing and ready to re-enter the
community as a law-abiding citizen and contribute to a safer society? Can the inmate’s release
back into society harm the general public? All relevant information is considered.
The parole board in its decision-making process will consider the following information and
criteria about the inmate:
1. age,
2. mental stability,
3. marital status,
4. education or vocational training,
5. remorse for the offense,
6. time served on the current offense,
7. prior criminal history,
8. type and severity of offense,
9. behavior, habits, traits,
10. rehabilitative efforts/progress, and
11. conduct during incarceration.

SEC. 23. Meetings - The Board shall meet in executive session regularly or upon the call of the
Chairman.

SEC. 24. Quorum - A majority of all the members of the Board shall constitute a quorum.

SEC. 25. Board Action - A majority of the members of the Board, constituting a quorum, shall be
necessary to recommend the grant of executive clemency or to grant parole; to modify any of the
terms and conditions appearing in a Release Document; to order the arrest and recommitment of a
parolee/pardonee; and to issue certificate of Final Release and Discharge to a parolee/pardonee.
The minutes of the meeting of the Board shall show the votes of its individual members and the
reason or reasons for voting against any matter presented for the approval of the Board. Any dissent
58
from the majority opinion to grant or deny parole shall be reduced in writing and shall form part of the
records of the proceedings.

SEC. 26. Executive Clemency/Parole of An Alien - The Board may recommend the grant of
executive clemency or grant parole to a prisoner who is an alien. In such a case, the alien who is
released on parole or pardon shall be referred to the Bureau of Immigration for disposition,
documentation and appropriate action.

VI. PAROLE SUPERVISION

SEC. 27. Parole Supervision - After release from confinement, a client shall be placed under the
supervision of a Probation and Parole Officer so that the former may be guided and assisted towards
rehabilitation.
The period of parole supervision shall extend up to the expiration of the maximum sentence which
should appear in the Release Document, subject to the provisions of Section 6 of Act No. 4103 with
respect to the early grant of Final Release and Discharge.

SEC. 28. 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.

SEC. 29. 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.

SEC. 30. 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.

SEC. 31. 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.

SEC. 32. Mandatory Conditions of Supervision - It shall be mandatory for a client to comply with
the terms and conditions appearing in the release document.

SEC. 33. 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.

SEC. 34. 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.

SEC. 35. Outside Travel - A Chief Probation and Parole Officer may authorize a client to travel
59
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.

SEC. 36. 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.

SEC. 37. 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 AND

CONDITIONS OF THE RELEASE DOCUMENT

SEC. 38. 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.

SEC. 39. 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.

SEC. 40. Arrest of Client - Upon receipt of an Infraction Report, the Board may order the arrest or
recommitment of the client.

SEC. 41. 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.

SEC. 42. 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.

SEC. 43. 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.

VIII. TERMINATION OF PAROLE AND CONDITIONAL

PARDON SUPERVISION

SEC. 44. Certificate of Final Release and Discharge - After the expiration of the maximum
sentence of a client, the Board shall, upon the recommendation of the Chief Probation and Parole
60
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. 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
pursuant to the provisions of Section 6 of Act No. 4103, as amended.
The clearances from the police, court, prosecutor's office and barangay officials shall be attached to
the Summary Report.

Sec. 45. 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.

SEC. 46. 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.

IX. REPEALING AND EFFECTIVITY CLAUSES

SEC. 47. Repealing Clause - All existing rules, regulations and resolutions of the Board which are
inconsistent with these Rules are hereby repealed or amended accordingly.

SEC. 48. Effectivity Clause - These Rules shall take effect upon approval by the Secretary of
Justice and fifteen (l5) days after its publication in a newspaper of general circulation.

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 EXECUTIVE CLEMENCY

WHAT IS EXECUTIVE CLEMENCY?

It shall refer to Absolute Pardon, Conditional Pardon with or without Parole
conditions and Commutation of Sentence as may be granted by the President of the
Philippines upon the recommendation of the Board of Pardon and Parole.
It is an act of mercy or leniency from certain consequences of a criminal conviction,
and is exercised by the President after receipt of a recommendation from the BPP.
Executive Clemency under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted individual. In the United
States, clemency is granted by a governor for state crimes and by a president for
federal crimes. Clemency can take one of four forms: a reprieve, a commutation of
sentence, a pardon and amnesty.

CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress.

2. Section 5, Article IX (Constitutional Commissions-The Commission on

Elections)
No pardon, amnesty, parole, or suspension of sentence for violation of
election rules, and regulations shall be granted by the President without a
favorable recommendation of the Commission.

WHO WILL GRANT EXECUTIVE CLEMECY?

It is exercise by the President.
Upon the recommendation of the Board of Pardons and Parole, s/he can grant
pardons, commute sentences, or defer the implementation of sentences.

EXECUTIVE CLEMENCY BASICS

1. It is discretionary;
2. It may not be controlled by the legislature or reversed by the courts unless there
is violation of the Constitution; and
3. Executive Clemency must often be requested by application or petition before it
is granted. In most jurisdictions, these applications first must be filed with a
reviewing agency such as the state board of pardon and parole before being
seen by the appropriate government head.

WHY IT IS EXTENDED
In general, Executive Clemency is often extended for humanitarian reasons, such as
to an aged and ill inmate who needs specialized medical care. Inmates who suffer from

62
serious, contagious, or life threatening illness or disease and those prisoners with
severe disability can now be recommended for executive clemency.
The condition of the inmate should be certified “under oath” by a physician of the
Bureau of Corrections Hospital and likewise certified under oath by a physician
designated by the Department of Health (DOH
It is also extended in the following instances:
3. When there is real doubt about the guilt of the party.
4. When the sentence given is Apparently excessive
5. When the party is a political or personal friend of the President.
6. To clear the record of some who has demonstrated rehabilitation or public
service.

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;
d. availability of after-care services for the petitioner who is old, seriously ill or
suffering from a physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. 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 CONSIDERATION TO THE RECOMMENDATION FOR COMMUTATION OF

SENTENCE OR CONDITIONAL PARDON
1. youthful offenders;
2. prisoners who are sixty (60) years old and above;
3. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities;
4. serious illness and other life-threatening disease as certified by a government
physician;
5. those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
6. alien prisoners where diplomatic considerations and amity between nations
necessitate review;
7. 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,
8. such other similar or analogous circumstances whenever the interest of justice
will be served thereby.

FILING OF PETITION
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 A formal petition for executive clemency addressed as follows shall be submitted to
the Board before the question of said clemency will be considered:

"The President of the Philippines

Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"

Petitions for parole shall be addressed to the Chairman or to the Executive Director
of the Board.
However, the Board may, motu proprio , consider cases for parole, commutation of
sentence or conditional pardon of deserving prisoners whenever the interest of justice
will be served thereby.

CONTENTS OF PETITION
1. Name of the prisoner
2. Age
3. Previous criminal record
4. Whether a Filipino citizen or an alien and, if a naturalized Filipino, his former
nationality and date of naturalization,
5. Previous occupation
6. Place of residence
7. Present crime for which he was convicted,
8. Trial/Appellate court,
9. His penalty of imprisonment, fine, indemnity and the commencing date thereof
10. Jail or prison to which he was committed and/or where he is presently confined
11. Date he was received for confinement
12. Grounds upon which executive clemency is being asked and certification from
the trial court that his case is not on appeal.
NOTA BENE: A petition for absolute pardon shall be under oath and shall include
the date the petitioner was released from prison after service of sentence or
released on parole/pardon or terminated from probation.

REFERRAL OF PETITION FOR EXECUTIVE CLEMENCY/PAROLE TO OTHER

GOVERNMENT AGENCIES
a. Secretary of National Defense - If the crime committed by the petitioner is
against national security or public order or law of nations.
b. Commission on Elections - In case of violation of election laws, rules and
regulations.
c. Department of Foreign Affairs - In case of an alien.

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.
64
TRANSMITTAL OF CARPETA AND PRISON RECORD
In executive clemency/parole cases, the Director or Warden concerned shall forward
the prison record and carpeta of a petitioner at least one (1) month prior to the eligibility
for review as specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the Board and the
Administration on or before the fifth day of every month, a list of prisoners whose
minimum sentences will expire within ninety (90) days and those who may be
considered for executive clemency.

EXCERPTS FROM THE AMENDED GUIDELINES FOR RECOMMENDING

EXECUTIVE CLEMENCY, REVISED MANUAL, BOARD OF PARDONS AND
PAROLE (2006)

SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE CLEMENCY

The Board [of Pardons and Parole] may consider cases for executive clemency
upon petition, or referral by the Office of the President, or motu proprio.

SECTION 3. EXTRAORDINARY CIRCUMSTANCES

The Board shall recommend to the President the grant of executive clemency when the
following extraordinary circumstances are present such that a strict application of the
law will result in manifest injustice:
1. The trial court or appellate court in its decision recommended the grant of
executive clemency for the prisoner;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh
compared to the crime committed;
3. Evidence which the court failed to consider, before conviction, which would have
justified an acquittal of the accused;
4. Prisoners who were over nine (9) years old but under eighteen (18) years of age
at the time of the commission of the offense;
5. Prisoners who are (70) years old and above who have served at least five (5)
years of their sentence or those whose continued imprisonment is inimical to
their health as recommended by a physician designated by the Department of
Health or designated by the Malacañang Clinic Director;
6. Prisoners who suffer from serious and life-threatening illness/disease or severe
physical disability such as those who are totally blind, paralyzed, bedridden, etc.,
as recommended by a physician of the Bureau of Corrections Hospital and
certified by a physician designated by the Department of Health or designated by
the Malacañang Clinic Director;
7. Alien prisoners where diplomatic considerations and amity among nations
necessitate review;
8. Such other similar or analogous circumstances whenever the interest of justice
will be served thereby.

SECTION 4. OTHER CIRCUMSTANCES

65
 When none of the extraordinary circumstances exist, the Board may nonetheless
review and/or recommend to the President the grant of executive clemency to a
prisoner upon any of the following grounds:
1. When he is suffering from severe physical disability as when he is a deaf-mute, a
leper, a cripple, or is partially blind, etc., as recommended by a physician of the
Bureau of Corrections Hospital and certified by a physician designated by the
Department of Health or designated by the Malacañang Clinic Director;
3. When he is suffering from serious illness as recommended by a physician of the
Bureau of Corrections Hospital and certified by a physician designated by the
Department of Health or designated by the Malacañang Clinic Director;
4. Such other circumstances whenever the interest of justice will be served thereby.
Provided, that a petition for executive clemency under this section may be reviewed
only if the petitioner meets the following minimum requirements:

SECTION 5. EXCEPTIONS
Even with the existence of any of the circumstances enumerated in Sections 3 and
4, the Board shall not favorably recommend petitions for executive clemency of the
following prisoners:
1. Those convicted of Evasion of Service of Sentence;
2. Those who violated the conditions of their Conditional Pardon;
3. Those who are habitual delinquents or recidivists;
4. Those convicted of Kidnapping for Ransom;
5. Those convicted of violation of Republic Act No. 6425, as amended, otherwise
known as "The Dangerous Drugs Act of 1972", or Republic Act 9165, also known
as the Dangerous Durgs act of 2002", and other drug related offenses except
those convicted only of use and/or possession of prohibited or regulated drugs;
6. Those convicted of offenses committed under the influence of drugs;
7. Those whose release from prison would pose a threat to the public safety or
would constitute a danger to society; and
8. Those suffering from dementia or insanity.
Above notwithstanding, in view of diplomatic considerations and upon
recommendation of the Department of Foreign Affairs, the grant of executive
clemency may be availed by a foreign prisoner or alien serving a prison sentence in
the Philippines, as an opportunity for securing the release of Filipino convicts, if any
in the country of the convicted foreigner or alien.

WHAT IS PARDON?
It is a form of executive clemency granted by the President of the Philippines as a
privilege to a convict as a discretionary act of grace.
A pardon is the remission of a penalty. It is an act of grace or forgiveness that
relieves the person pardoned from some or all of the ramifications of lawful punishment.
A pardon may be conditional or unconditional. Pardons do not erase or seal a
conviction; a pardon forgives guilt. It vested to the Chief Executive (The President) as a
matter of power.
Pardon is “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
66
the law inflicts for a crime he has committed. It is the private, though official act of the
executive magistrate, delivered to the individual for whose benefit it is intended, and not
communicated officially to the Court. A pardon is a deed, to the validity of which delivery
is essential, and delivery is not complete without acceptance.”
Neither the legislative nor the judiciary branch of the government has the power to
set conditions or establish procedures for the exercise of this Presidential prerogative.
When a pardon is granted, the convicted offender is forgiven the crime and its
penalty. A head of state or government generally grants it when the convicted individual
has fulfilled his or her debt to society or is somehow otherwise worthy of being forgiven
the crime. A pardon does not erase the conviction, but it can in some jurisdictions
remove some of the disqualifications caused by it.

ABOUT PARDON
1. It is the remission of a penalty.
2. It is an act of grace.
3. It is may be conditional or unconditional.
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its penalty.
6. It is vested to the Chief Executive.
7. It is the private act but official act of the president.
8. It is not communicated officially to the Court.
9. It is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance.
10. Neither the legislative nor the judiciary branch of the government has the power
to set conditions or establish procedures for the exercise of this Presidential
prerogative.

TWO TYPES OF PARDON

1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to
the individual his civil rights and remits the penalty imposed for the particular
offense of which he was convicted.

PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.

Absolute Pardon is also granted by a President to an imprisoned president

the incumbent has deposed.
Absolute Pardon is granted in order to restore full political and civil rights to
convicted persons who have already served their sentenced and have reached
the prescribed period for the grant of Absolute Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within certain

limits or conditions; from the punishment that the law inflicts for the offenses he
has committed resulting in the partial extinction of his criminal liability. It is also
67
 granted by the President of the Philippines to release an inmate who has been
reformed but is not eligible to be released on parole.

Note: Pardon does not extinguish civil liabilities & it is prospective

LIMITATIONS OF THE PARDONING POWER OF THE PRESIDENT

The following are the limitations of the pardoning power of the President:
a. It may not be exercised for offenses in impeachment cases;
b. It may be exercised only after conviction by final judgment except amnesty;
c. It may not be exercised over legislative or civil contempt (as for refusing to
answer a proper question as a witness in a case);
d. In case of violation of election law or rules and regulations without favorable
recommendations of the COMELEC;
e. It cannot be exercised to violation of tax laws.
f. It cannot absolve convict of civil liability
g. It cannot restore public offices forfeited.

Note: The very essence of a pardon is forgiveness or remission of guilt. Pardon

implies guilt. It does not erase the fact of the commission of the crime and the conviction
thereof. It does not wash out the moral stain. It involves forgiveness and not
forgetfulness.

WHAT IS THE CONSTITUTIONAL BASIS OF PARDON?

The power to pardon, which is a form of executive clemency, is given to the
President under Section 19, Article VII of the Constitution. It reads: Except in cases
of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction
by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of
all the members of the Congress.

HOW IS PARDON DIFFERENT FROM PROBATION?

Probation and pardon are not the same. 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.” Probation is a part of the
judicial power, while pardon is a part of the executive power. The suspension of the
sentence under probation simply postpones the judgment of the court temporarily or
indefinitely, but the conviction and liability following it, and the civil disabilities, remain
and become operative when judgment is rendered.

HOW IS PARDON DIFFERENT FROM COMMUTATION AND REPRIEVE?

Commutation” is a remission of a part of the punishment; a substitution of a less
penalty for the one originally imposed.
A “reprieve” or “respite” is the withholding of the sentence for an interval of time, a
postponement of execution, a temporary suspension of execution.

68
WHAT IS AMNESTY?

A general pardon extended to a group of persons, such a political offenders

purposely to bring about the return of dissidents to their home and to restore peace and
order in the community. It Is generally exercised by the Chief Executive with the
concurrence of congress.
It is an act of sovereign power granting oblivion or general pardon for past offense
and rarely, if ever, exercised in favor of single individual is usually exerted in behalf of
certain classes of person who are subjected to trial but not have been convicted.

NOTA BENE: Amnesty can be availed of before, during and after the trial of the case,
even after conviction.

DIFFERENCES BETWEEN AMNESTY AND PARDON

7. As to the number of those who can avail: 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.
8. As to the Time to Avail: Pardon is exercised when the person is already convicted,
while amnesty maybe given before trial or investigation is done.
9. As to the Consent of Congress: Pardon is granted by the Chief Executive and
such as private act, which must plead and proved by the person pardoned because
the court takes no choice thereof. While amnesty is by proclamation with
concurrence of congress, and it is a public act, which the court should take judicial
notice.
10. As to the Effect: Pardon is an act of forgiveness, i.e. it relieves the offender from
the consequences of the offense, while amnesty is an act of forgetfulness. i.e. it puts
into oblivion the offense of which one is charged so that the person as if he had
never committed the offense.
11. As to the Crime committed: Pardon is granted for infractions of the peace of the
State while amnesty, for crimes against sovereignty of the state (ex. political offense)

Amnesty Pardon
Granted for political offenses Granted for any offense
Granted to classes of persons or Granted to individuals
communities
May be granted at any time Granted after final conviction
Need not be accepted Must be accepted
Requires the concurrence of congress Does not need the concurrence of
congress
Public act which the court may take Private act which must be pleaded and
judicial notice proved by the person pardoned
Looks backward and puts the offense into Looks forward and relieves the offender
oblivion from the consequences of his offense
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LAW ON AMNESTY

PROCLAMATION NO. 347

GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL OTHER PERSONS
WHO HAVE OR MAY HAVE COMMITTED CRIMES AGAINST PUBLIC ORDER,
OTHER CRIMES COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A NATIONAL
AMNESTY COMMISSION

WHEREAS, the peace process, as an anchor of political, economic and social

stability and development, has steadily moved forward with the overwhelming
acceptance and support of the Filipino people;
WHEREAS, to enhance and hasten the peace process, there is a need to
reintegrate, as soon as possible, all rebels and insurgents into the mainstream of
society under the rule of law, including those who may have committed unlawful acts in
furtherance of their respective political beliefs;
WHEREAS, the grant of amnesty to those who may have committed unlawful acts in
pursuit of their political beliefs is one of the six paths to the attainment of a just and
lasting peace as recommended by the National Unification Commission;
WHEREAS, amnesty was proclaimed under Proclamation Nos. 10 and 10-A, which
proclamations however extended only to those who applied for amnesty under
Executive Order No. 350, Series of 1989, and whose applications were processed and
ready for action as of 28 July 1992, and who applied for amnesty under Executive Order
No. 350 from 28 July 1992 up to 31 December 1992;
WHEREAS, after the lapse of the period for application for the grant of amnesty
under Proclamation Nos. 10 and 10-A, many more rebels and insurgents, who may
have committed unlawful acts in pursuit of their political beliefs, have returned or
expressed their desire and readiness to return to the fold of the law and join the
mainstream of Philippine society; and
WHEREAS, there is a need for government to act on rebel and insurgent returnees’
request for the grant of amnesty so that they may live in peace in the pursuit of
productive endeavors without prejudice to any legal arrangement that may result from a
negotiated settlement which the government is pursuing with the various rebel and
insurgent groups.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by Section 19, Article VII of the
Constitution, do hereby declare and proclaim:

Section 1. Grant of Amnesty. – Amnesty is hereby granted to all persons who shall
apply therefor and who have or may have committed crimes, on or before thirty (30)
days following the publication of this Proclamation in two (2) newspapers of general
circulation, in pursuit of political beliefs, whether punishable under the Revised Penal
Code or special laws, including but not limited to the following: rebellion or insurrection;
coup d’etat; conspiracy and proposal to commit rebellion, insurrection or coup d’etat;
disloyalty of public officers or employees; inciting to rebellion or insurrection; sedition;
70
conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association;
direct assault; indirect assault; resistance and disobedience to a person in authority or
the agents of such person; tumults and other disturbances of public order; unlawful use
of means of publication and unlawful utterances; alarms and scandals; illegal
possession of firearms, ammunition or explosives, committed in furtherance of, incident
to, or in connection with the crimes of rebellion or insurrection and violations of Articles
59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to
suppress mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer
and a gentlemen), and 97 (general article) of the Articles of War; Provided, that the
amnesty shall not cover crimes against chastity and other crimes committed for
personal ends.

Section 2. Effects. – (a) Amnesty under this Proclamation shall extinguish any criminal
liability for acts committed in pursuit of a political belief, without prejudice to the
grantee’s civil liability for injuries or damages caused to private persons. The grant of
amnesty shall also effect the restoration of civil or political rights suspended or lost by
virtue of criminal conviction.
(b) The amnesty herein proclaimed shall not ipso facto result in the reintegration or
reinstatement into the service of former Armed Forces of the Philippines and Philippine
National Police personnel. Reintegration or reinstatement into the service shall continue
to be governed by existing laws and regulations; Provided, however, that the amnesty
shall reinstate the right of AFP and PNP personnel to retirement and separation
benefits, if so qualified under existing laws, rules and regulations at the time of the
commission of the acts for which amnesty is extended, unless they have forfeited such
retirement and separation benefits for reasons other than the acts covered by this
Proclamation.

Section 3. Firearms. – The surrender of firearms, ammunitions and explosives shall

not be a condition for amnesty. Applicants for amnesty may surrender their firearms
within sixty (60) days from the effectivity of this Proclamation without incurring liability
for illegal possession thereof. The Government shall continue to encourage rebels and
insurgents to turn-in firearms, ammunition and explosives which may be in their
possession.

Section 4. National Amnesty Commission. – There is hereby created a National

Amnesty Commission, hereinafter referred to as the Commission, which shall be
primarily tasked with receiving and processing applications for amnesty, and
determining whether the applicants are entitled to amnesty under this Proclamation.
Final decisions or determinations of the Commission shall be appealable to the Court of
Appeals.
Pursuant to its functions, the Commission shall be authorized to:
(a) Administer oaths, summon witnesses and require the production of documents
by subpoena duces tecum; Provided, that the testimonies of the applicant and his
witnesses for a grant of amnesty, and any evidence presented by him before the
Commission not otherwise, available to the prosecution, shall not be used as

71
 evidence against the applicant in any other proceeding where the amnesty is not
in issue, except for perjury committed in so testifying;
(b) Promulgate rules and regulations subject to the approval of the President;
(c) Call on any Government office, body, agency, instrumentality, council and
commission to render assistance in the efficient and effective implementation of
its functions;
(d) Constitute Local Amnesty Boards in such provinces, cities, and municipalities as
may be necessary; and
(e) Perform such other functions necessary for the proper implementation of this
Proclamation as may be authorized by the President.
The Commission shall be composed of seven (7) members: a chairperson and three
(3) regular members to be appointed by the President; the Secretary of Justice, the
Secretary of National Defense and the Secretary of the Interior and Local Government
as ex-officio members.
The amounts necessary for the operational and administrative expenses of the
Commission shall be funded from the budget of the Office of the President.
The term of the Commission shall expire upon the completion of its assigned tasks as
may be determined by the President.

Section 5. Who May Apply. – All persons who have or may have committed the crimes
enumerated in Section 1, within the period prescribed therein, including those detained,
charged, or convicted for the commission of the same crimes, may apply with the
Commission for the grant of amnesty.

Section 6. Application Period. – Applications for the grant of amnesty shall be filed
under oath with the Commission within six (6) months from the effectivity of this
Proclamation.

Section 7. Effectivity. – This Proclamation shall take effect upon concurrence by a

majority of all the Members of the Congress.

DONE in the City of Manila, this 25th day of March in the year of Our Lord, Nineteen
Hundred and Ninety-Four.

PROCLAMATION NO. 724

AMENDING PROCLAMATION NO. 347 DATED MARCH 25, 1995

WHEREAS, on March 25, 1994, President Fidel V. Ramos issued Proclamation No.
347 entitled “Granting Amnesty to Rebels, Insurgents, and All Other Persons Who Have
or May Have Committed Crimes Against Public Order, Other Crimes Committed in
Furtherance of Political Ends, and Violations of the Articles of War, and Creating a
National Amnesty Commission,” which was concurred in by both Houses of Congress
on June 2, 1994 through Concurrent Resolution No. 12 as provided for by the
Constitution;

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 WHEREAS, when the prescribed period for filing of applications for amnesty lapsed
on June 1, 1995, 7,166 applications were recorded to have been filed with the National
Amnesty Commission and the nineteen (19) Local Amnesty Boards nationwide;
WHEREAS, after June 1, 1995, the National Amnesty Commission and its nineteen
(19) Local Amnesty Boards throughout the country have reported that many other
rebels and insurgents voluntarily returned to the folds of the law and filed applications
for amnesty or otherwise expressed their desire to avail of amnesty;
WHEREAS, in the course of processing amnesty applications, the National Amnesty
Commission has been constrained to deny amnesty to persons who were found to have
committed acts/crimes clearly in pursuit of their political belief because their acts/crimes
were committed after April 30, 1994 but before June 1, 1995, which is beyond the
period of coverage of Proclamation No. 347; or because they filed their applications
beyond the deadline of June 1, 1995;
WHEREAS, the sincere desire of the foregoing rebels and insurgents to return to the
folds of the law cannot be ignored by the Government if it is to pursue a true,
comprehensive, just, and lasting peace;
WHEREAS, by virtue of the General Agreement for Peace dated October 13, 1995
signed between the Government and the RAM-SFP-YOU, Proclamation No. 723 was
issued granting amnesty to members and supporters of the RAM-SFP-YOU and
allowing those inadvertently omitted from the said list to apply individually for amnesty;
WHEREAS, in the interest of equity and justice, members of rebel groups other than
the RAM-SFP-YOU should also be entitled to file applications for amnesty after the
lapse of the period for application under Proclamation No. 347;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by Section 19, Article VII of the
Constitution, do hereby declare and proclaim:

SECTION 1. Grant of Amnesty under Proclamation No. 347. Section 1 of

Proclamation No. 347 is hereby amended as follows:
“Section 1. Grant of Amnesty.- Amnesty is hereby granted to all persons who shall apply
therefor and who have or may have committed crimes, on or before June 1, 1995, in
pursuit of their political beliefs, whether punishable under the Revised Penal Code or
special laws, including but not limited to the following: rebellion or insurrection; coup
d’etat; conspiracy and proposal to commit rebellion, insurrection, or coup d’etat;
disloyalty of public officers or employees; inciting to rebellion or insurrection; sedition;
conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association;
direct assault; indirect assault; resistance and disobedience to a person in authority or
agents of such person; tumults and other disturbances of public order; unlawful use of
means of publication and unlawful utterances; alarms and scandals; illegal possession
of firearms, ammunitions, and explosives, committed in furtherance of, incident to, or in
connection with the crimes of rebellion and insurrection; and violations of Articles 59
(desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress
mutiny or sedition), 94 (various crimes), 96 ( conduct unbecoming an officer and
gentleman), and 97 (general article) of the Articles of War; Provided, That the amnesty
shall not cover crimes against chastity and other crimes for personal ends.”

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SEC. 2. Re-opening of Application Period. Applications for the grant of amnesty
under Proclamation No. 347 dated March 25, 1994, as amended by this Proclamation,
shall be filed with the National Amnesty Commission within ninety (90) days from the
effectivity of this Proclamation.

SEC. 3. Effectivity. This Proclamation shall take effect upon the concurrence by a
majority of all Members of Congress.
DONE in the City of Manila this 17th day of May in the year of Our Lord, Nineteen
Hundred and Ninety-Six.

WHAT IS COMMUTATION OF SENTENCE?

The act of the president changing, reducing or mitigating a heavier sentence to a

lighter one or a longer term into a shorter term. It may alter death sentence to life
sentence or life sentence to a term of years.
It does not forgive the offender but merely to reduce the penalty pronounce by the
court.
It is a change of the decision of the court made by the Chief Executive by reducing
the degree of the penalty inflicted upon the convict, or by decreasing the length of the
imprisonment of the original sentence.
A commutation of sentence takes place when the sentence, generally one of
imprisonment, is reduced to a lesser penalty or jail term. This type of clemency does not
void the conviction.

SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR BY THE CODE:

1. When the convict sentenced to death is over 70 years of age;
2. When ten justices of the Supreme Court failed to reach a decision for the
affirmation of the death penalty;

In other cases, the degree of the penalty is reduced from death to reclusion
perpetua.
In Commutation of Sentence consent of the offender is not necessary. The public
welfare, not his consent, determines what shall be done.

WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE?

The Board may review the petition of a prisoner for commutation of sentence if
he/she meets the following minimum requirements:
1. At least one half (1/2) of the minimum of his indeterminate and/or definite prison
term or the aggregate minimum of his determinate and/or prison terms;
2. At least ten (10) years for prisoners sentenced to one (1) reclusion perpetua or
one (1) life imprisonment, for crimes/offenses not punishable under Republic Act
7659 and other special laws;
3. At least twelve (12) years, for prisoners whose sentences were adjusted to forty
(40) years in accordance with the provisions of Article 70 of the Revised Penal
Code, as amended;

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 4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in
Republic Act 7659 committed on or after January 1, 1994 and sentenced to one
(1) reclusion perpetua or one (1) life imprisonment;
5. At least seventeen (17) years for prisoners sentenced to two (2) or more
reclusion perpetua or life imprisonment even if their sentences were adjusted to
forty (40) years in accordance with the provision of Article 70 of the Revised
Penal Code, as amended;
6. At least twenty (20) years, for those sentenced to death which was automatically
commuted or reduced to reclusion perpetua.

WHAT IS REPRIEVE
Reprieve, in criminal law, the temporary suspension of a sentence, such as a stay of
execution, granted a person convicted of a capital crime. A reprieve is usually granted
by the sovereign or chief executive and also, in the United States, by the governor of a
state. In some cases it may be granted by the court that tried the offender.
It is a postponement of sentence or temporary stay of the execution of sentence
especially the execution of the death sentence. Generally, Reprieve is extended to
prisoners sentenced to death.
The date of execution of sentenced is set back several days to enable the Chief to
study the petition of the condemned man for commutation of sentenced or pardon.
A reprieve is given to suspend the execution of a sentence in order to give the
prisoner time to find ways to have it reduced. With respect to capital cases, a reprieve is
given to suspend the execution of the death penalty for a period of time to consider
whether or not it should be imposed.
PURPOSE OF REPREIVE
The purpose of the reprieve is generally to allow an investigation into the legality of
the conviction or into alleged newly discovered evidence in favor of the convicted
person. A reprieve delays an execution but, unlike a pardon or a commuted sentence,
does not negate a sentence unless the reinvestigation shows that the prisoner has been
unjustly tried or sentenced.

GCTA – is a privilege granted to a prisoner that shall entitle him to a deduction of his
term of imprisonment.

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, is hereby further amended to read as follows:

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"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. –
Offenders or accused who have undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance
of counsel to abide by the same disciplinary rules imposed upon convicted prisoners,
except in the following cases:

"1. When they are recidivists, or have been convicted previously twice or more times of
any crime; and

"2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
counsel and shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.

"Whenever an accused has undergone preventive imprisonment for a period equal to

the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same
is under review. Computation of preventive imprisonment for purposes of immediate
release under this paragraph shall be the actual period of detention with good conduct
time allowance: Provided, however, That if the accused is absent without justifiable
cause at any stage of the trial, the court may motu proprio order the rearrest of the
accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons
charged with heinous crimes are excluded from the coverage of this Act. In case the
maximum penalty to which the accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive imprisonment."

Section 2. Article 94 of the same Act is hereby further amended to read as follows:

"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished

partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence."

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Section 3. Article 97 of the same Act is hereby further amended to read as follows:

"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified
for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any
convicted prisoner in any penal institution, rehabilitation or detention center or any other
local jail shall entitle him to the following deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed
a reduction of twenty-three days for each month of good behavior during detention;

"3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behavior
during detention;

"4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during detention;
and

"5. 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.

"An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct."

Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period
of his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the period of his sentence shall be
granted in case said 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.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."

Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

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"ART. 99. Who grants time allowances. – Whenever lawfully justified, 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."

Special Time Allowance for Loyalty (Art. 158, RPC)

A deduction of 1/5 of the period of the sentence of any prisoner who evaded the
service of sentence on the occasion of disorders due to conflagrations, earthquakes, or
other calamities shall be granted if he returns to authorities within 48 hours after the
president declared that the calamity is over.
- Once granted hall not be revoked.
-- END –

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