Department of Justice

Parole & Probation Administration Region VIII

SAMAR PAROLE AND PROBATION OFFICE
Lovella C. Libertad
Chief Probation and Parole Officer
Presenter
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 5 PILLARS
OF THE
CRIMINAL JUSTICE SYSTEM
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 COMMUNITY

Law
VIOLATOR Prose- Correc-
Enforce- Judiciary
cution tions
ment

Workflow in the Implementation of the Criminal

Justice System
(Philippine System)
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-BuCor PAROLE &
-Prov. Jail PROBATION
-City Jail
TYPES ADMINIS-
TRATION
OF
CORRECTION

INSTITUTIONALIZED
TYPE COMMUNITY
BASED

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 Legal Basis of
Community corrections
 Presidential Decree No. 968 (July 24,
1976), the “Probation Law of 1976”,
created the Probation Administration to
administer the probation system.
 Executive Order No. 292 (July 25, 1987),
the “Administrative Code of 1987”,
renamed the Probation Administration to
Parole and Probation Administration.
 Republic Act No. 9165 (June 7, 2002), or
the Comprehensive Dangerous Drugs Act
of 2002, put the investigation and
supervision of First Time Minor Drug
Offenders under suspended sentence
(FTMDO) as an added function of the PPA.
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 RA 10707 – An Act Amending PD 968, otherwise
known as the Probation Law of 1976, as amended.

Pertinent amendments made on:

1. Section 4. Grant of Probation
2. Section 9. Disqualified Offenders
3. Section 16. Termination of Probation
4. Section 24. Miscellaneous powers of Provincial and
City Probation Officers
5. Section 27. Field Assistants, Subordinate Personnel
6. Section 28. Volunteer Probation Assistants

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 MANDATE

“The Parole and Probation

Administration is mandated to
conserve and/or redeem
prisoners and offenders ** who
are under the parole and
probation systems.”
** collectively called CLIENTS

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 SOCIAL REALITY:

Profile of a “CLIENT” 1.Stigma of the crime stays

on the client and his family
2.Community is afraid of the
client or may be
unaccepting
3.Client has low self esteem
and is afraid of the
community’s reaction
4.Prevalent unemployment
because of his/her criminal
record
5.Lesser livelihood
opportunities

A common convicted
offender’s Personal
Profile:
1.Low educational
level
2.Below average
economic status
(marginalized)
3.Low stress
tolerance
4.Lack of discipline
and structure
5.Stubborn attitude
6.Raised with no
proper parental
guidance.

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 MISSION

 “To rehabilitate probationers,

parolees and pardonees and promote
their development as integral
persons by utilizing innovative
interventions and techniques which
respect the dignity of man and
recognize his divine destiny.”

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 AGENCY’s Organizational Performance Indicator Framework (OPIF)

Societal Goal

Sectoral Goal

Organizational
Outcome

Major Final Output

(MFOs)

Programs/Activities/
Projects (PAPs)

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 INVESTIGATION SERVICES

PD 968, Section 5. Post-sentence Investigation

(PSI)
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.

BPP RESOLUTION NO. 229

RE: Authority of Regional Probation and Parole Officer to conduct Pre-
parole investigation
“…The Board resolved as it has resolved, to authorize the Parole
and Probation Administration to conduct pre-parole and
Executive Clemency Investigation of a city, provincial and
national prisoner confined in city and provincial jails, the national
penitentiary and penal colonies xxxx

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 What is PROBATION?
 A disposition under which an accused, after
conviction and sentence, is released subject to
conditions imposed by the Court and to the
supervision of a Probation Officer

 A privilege granted by the Court; it cannot be

availed of as a matter of right by a person
convicted of a crime
 To be able to enjoy the benefits of probation, it
must first be shown that an applicant has none of
the disqualifications imposed by law

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Section 8. Criteria of placing an offender on Probation

In determining whether an offender may be placed on

probation, the court shall consider all information relative to
the character, antecedents, environment, mental and physical
condition of the offender, and available institutional and
community resources. Probation shall be denied if the court
finds that:
(a) the offender is in need of correctional treatment that can
be provided most effectively by his commitment to an
institution; or
(b) there is undue risk that during the period of probation
the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense
committed.

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Sec. 9. Disqualified Offenders
The benefits of this Decree shall not be extended to
those:
(a) sentenced to serve a maximum term of imprisonment of

more than six years;

(b) convicted of subversion or any crime against the national
security;
(c) who have previously been convicted by final judgment of
an offense punished by imprisonment of more than six
months and one day and/or a fine of more than one
thousand pesos;
(d) who have been once on probation under the provision of
this Decree; and
(e) who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.
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EXECUTIVE CLEMENCY
It refers to the Commutation of sentence,
Absolute pardon & conditional Pardon, with or
without parole conditions, as may be granted
by the President of the Philippines upon
recommendation of the Board

PARDON
Pardon is an act of clemency by the Head of
State for the purpose of exempting an
individual from the punishment imposed upon
him by the court of law. It is an Executive
grace and the recipient is not entitled to it as
a matter of right.

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PAROLE
It is the conditional release of an offender from
prisoner after serving part of his sentence.

CONDITIONAL PARDON
Refers to the exemption of an individual within
certain limits or conditions from the punishments
which the law inflict for the offense he has
committed resulting to the partial extinction of
his criminal liability

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 DISQUALIFICATIONS FOR PAROLE
Rule 2.2. Pursuant to among, others, Section 2 of Act No. 4103,
as amended, otherwise known as the indeterminate Sentence
Law. Said Act shall not apply, and parole shall not be
granted, to the following prisoners:
(a) Those convicted of an offense punished with the
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 escaped from confinement or evaded
sentence;

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 DISQUALIFICATIONS, continued
(f) 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
said crimes a third time or oftener;
(g) Those who having been granted conditional pardon
by the President of the Philippines shall 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 or certified
by a government psychiatrist/ psychologist;

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DISQUALIFICATIONS, continued

(j) Those whose conviction is on appeal or has not yet

become final & executory;
in case the prisoner has one or more co-accused who
had been convicted, the Director-Warden concerned
shall forward their prison records & carpetas at the
same time;
(k) Those who have pending criminal case/s;
(l) Those national prisoners 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 prisoners’ control.

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 SUPERVISION SERVICES

PD 968, Sec. 13. Control and Supervision of

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

RA 4103 (The Indeterminate Sentence Law)

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 such 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..xxx

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REHABILITATION
SERVICES

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 A. THERAPEUTIC COMMUNITY (TC)

This treatment category focuses on ways to acquire

insights and awareness of self.
The person is made to undergo individual and group
processes of identifying, articulating and expressing his
feelings appropriately.
A person’s emotional or psychological issues must be
identified first in order for him to work on resolving them.
The areas of change include:
 Relational/Behavioral Management
 Affective/ Emotional and Psychological
 Cognitive/ Intellectual
 Spiritual
 Psychomotor/Vocational/ Survival

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 B. RESTORATIVE JUSTICE (RJ)

Restorative Justice is a process through which

remorseful offenders accept responsibility for
their misconduct to those injured and to the
community which, in response, allows the
reintegration of the offender into said community.
RJ treats crime as a violation of people and
relationships. It creates an obligation to make
things right through proactive involvement of
victims, ownership of the crime by the offender
and participation of the community in search for
solutions which promote repair, reconciliation and
reassurance.

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ENVIRONMENTAL & ECOLOGICAL BALANCE
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COMMUNITY WORK SERVICE

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 RESTORATIVE PRACTICES

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C. VOLUNTEER PROBATION ASSISTANTS (VPAs)

Volunteerism is a program of the Agency aimed at

generating maximum, effective and efficient citizen
participation and community involvement in the over-all
process of client rehabilitation as provided for in Section 28
of PD 968.
It uses the available human resources in the
community who may have the willingness, aptitude and
potential to supervise clients or render other specialized
services to the PPA. The services of Volunteers are
particularly crucial in assisting officers in the supervision of
clients in areas with a dearth of personnel and in
geographically inaccessible communities.
The roles of VPAs are:
(1) as direct supervisor
(2) as resource individual

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VPA CAPABILITY-BUILDING

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 OTHER ALLIED SERVICES

I. Jail Decongestion
II. Religious, Moral & Social Reformation
III. Medical Assistance
IV. Literacy/ Vocational Skills Training
V. Livelihood Programs
VI. Job Placement & Referral
VII. Community Work Services
VIII. Accepts and receives petitions for Voluntary
Confinement as DDB authorized representatives
IX. Technical Support in Community Based Rehabilitation
Program as a signatory of NADPA
X. Statutory membership in the MSEC that grants Good
Conduct Time Allowance to inmates

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BENEFITS OF PROBATION & PAROLE

A. Probation and Parole protects Society

a.1. from the excessive costs of detention
a.2. from the high rate of recidivism of detained
offenders
B. Probation & Parole protects the Victim
b.1. it provides restitution
b.2. it preserves justice
C. Probation & Parole protects the Family
c.1. it does not deprive the wife and children of
husband and father
c.2. it maintains unity in the home

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BENEFITS OF PROBATION, continued
D. Probation & Parole assists the Government
d.1. it reduces the population of prisons and jails
d.2. it lessens the clogging of the courts
d.3. it lightens the load of prosecutors
d.4. it creates government savings
E. Probation & Parole helps the Offender
e.1. it maintains his earning power
e.2. it provides rehabilitation in the community
e.3. it restores his dignity
F. Probation & Parole justifies the Philosophy of
Man
f.1. that life is sacred
f.2. that all men deserve a second chance
f.3. that an individual can change
f.4. that society has a moral obligation to lift the fallen

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 Regional Accomplishments
CY 2018

INVESTIGATION CASES 1,645

HANDLED:

SUPERVISION CASES 2,920

HANDLED:

REHABILITATION/ 18, 260

INTERVENTION
SERVICES RENDERED:

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 TH A N K Y O
U!
Sources: DOJ-PPA 8 Annual Report, PPA 40 th Anniversary Book,
pertinent laws and regulations