NON-INSTITUTIONAL CORRECTIONS

What are the two kinds of CORRECTION corrections programs control crowding by
APPROACHES in the Philippines? separating out the people who need to be in jail
1. Institutional Correction- rehabilitation from the people who pose less risk (Harris, 1999).
of offenders in jail or prison ● Another way of controlling prison populations
2. Community- based correction- historically has been to allow prisoners who have
correctional activities that take place in served the minimum amount of time on their
the community that are directly sentence the opportunity for early release on
addressed to the offender and aimed at parole. Parole is the privileged and discretionary
helping him to become a law-abiding release from prison on community supervision
citizen. until the remaining time on one’s sentence has
- Limited to offenses punishable by 6 expired. Parole has thus been used to make room
years. for incoming prisoners.

Surveillance
ADVANTAGES OF COMMUNITY-BASED
CORRECTION ● Safety of the public is an important concern for any
● Family members need not be victims offender supervision program. To maintain public
also for the imprisonment of a member safety, offenders under supervision should be
because the convict can still continue to assessed to determine the degree of risk posed by
support his family. their participation in community programs.
● Rehabilitation will be more effective as Offenders who pose a serious danger to society or
the convict will not be exposed to to themselves should not be in a community
hardened criminals in prisons who will corrections program. Instead, these offenders
only influence him to a life of crime. should be incarcerated in jail or prison until they
- Related to Differential are no longer dangerous to themselves or others.
Association Theory For those on community supervision, compliance
● Rehabilitation can be monitored by the with court-ordered sanctions is carefully
community thus corrections can be monitored by trained community officers. Finally,
made and be more effective. violations of supervised conditions are taken
● It is less costly on the part of the seriously for those who cannot or will not comply
government. Cost of incarcerations will with the conditions.
be eliminated which is extremely
beneficial on the part of the Addressing Problems Related to Criminal Behavior
government.
● Correcting some of the problems that are directly
linked to criminal behavior and continued
Goals of Community Corrections
involvement in the criminal justice system is
Easing Institutional Crowding and Cost
another goal. Some of these problems include drug
● Two things are abundantly clear. First, or alcohol addiction, lack of emotional control,
building jails and prisons is a costly inadequate education or vocational training,
endeavor. Second, there are legal limits parenting problems, and mental illness or
that define how many prisoners a single developmental disability (Alarid & Reichel, 2008).
correctional institution can hold. The offender attends classes to address these
Correctional institutions that exceed issues while on supervision with greater access to
their capacity may incur civil lawsuits treatment programs than the individual would
and fines. Therefore, one goal of have had in jail or prison. The basis of effective
community corrections programs is to rehabilitation is the use of cognitive-behavioral
ease institutional crowding in jails and techniques and selecting offenders who have the
prisons by drawing from the population desire to change.
of convicted offenders who are
Community Reentry
predicted to be less risky to the outside
community. Given that there are far ● Community reintegration is an important goal for
fewer beds available than the number offenders released from jail or prison to gradually
of people arrested, community ease their reentry into society. Community-based
 correctional programs help in this contrast between the per capita cost of custody and any
endeavor with a minimal level of kind of community program. It is easier to manage
supervision while simultaneously those undergoing community-based treatment
allowing the offender to assume programs than that of custodial control.
responsibilities and parental roles. In - Better management of correctional facilities
this way, getting released from prison is
not such a culture shock, and this will Non-Institutional Corrections: Structure
hopefully decrease the probability of ▪ Non-Institutional/ Community Corrections
recidivism (Austin, 2001). ▪ Whole or part of his/her sentence in the community
● DSWD (CICL/ Mendicants)
Restorative Justice
○ Bahay Pag-asa (RA 10630)
● Restorative justice assumes that a crime ● DOH- Drug Rehabilitation Facilities
harms the community and that ○ Voluntary Submission Program (RA
sometimes there are individual victims 9165)
involved. Often, victims of property ● DOJ
crimes just want to be paid back or have ○ Parole and Probation Administration
things restored to their former ○ Board of Pardons and Parole
condition— something that may not be
possible if the offender goes to jail or Parole and Probation Administration
prison. Restorative justice emphasizes Supervision of:
offender responsibility to repair the ● Probation
injustice that offenders have caused ● Parole
their victims. Through victim and ● Conditional Pardon
community involvement, such as face- ● Recognizance
to-face mediation sessions, victim ● Suspended Sentence
impact panels, and volunteer ▪ Board of Pardons and Parole
mentoring, the offender remains in the ● Grant of Parole and (recommend Conditional
community, completes community Pardon)
service, and pays victim restitution.
Restorative justice is most effective for Definition of terms
property crimes, particularly those Probation- is the disposition of the case of a crime less
committed by juveniles or first-time than six years after the accused has been convicted by
adult felony offenders (Bazemore & final judgment, he is released to the community, subject
Stinchcomb, 2004). to the conditions of the court and under the supervision
of a parole and probation officer.
- Probation is a suspension of sentence; a judicial
Philosophies in Community Corrections
remedy
Humanitarian Aspect - Imprisonment is not
1. Judicial remedy
always advisable. Placing a person to
2. Suspended sentence 5 years (4yrs 11 mos)
custodial coercion is to place him in physical
3. Conditions
jeopardy, thus drastically narrowing his
Legal basis:
access to sources of personal satisfaction and
- PD 968- Adult Probation Law
reducing his self-esteem.
- PD 603- Child and Youth Welfare Code (as
amended by RA 9344)
Restorative Aspect - There are measures
- RA 9165- for drug offenders
expected to be achieved by the offender,
Parole- the release of a person to the community after
such as an establishment of a position in the
having served the minimum period of his or her
community in which he does not violate the
indeterminate sentence.
laws. These measures may be directed at
● Act No. 4103- Indeterminate Sentence Law
changing and controlling the offender. The
(enacted around 1930s)
failure of the offender to achieve these can
● Minimum Period- mitigating
result in recidivism.
● Medium Period
● Maximum Period- aggravating
Managerial Aspect - Managerial skills are of
● Prision mayor- 6 years and 1 day to 12 years
special importance because of the sharp
Final Judgment- conviction/ acquittal undergone preventive imprisonment equivalent to
▪ AFTER 15 DAYS upon its promulgation the maximum imposable sentence for the offense
● Judicial remedy he is charged with
○ Appeal- elevate the case to a ● Article 96 of the Revised Penal Code, provides that
higher court in meritorious cases, the commutation of the
○ Motion for Reconsideration- prisoner’s sentence through presidential action
look at the evidence again shall be upon the recommendation of the court
○ Motion for new trial- newly which imposed the same; and ARTICLE 97, which
discovered evidence provides that a prisoner shall be entitled to a
○ Probation deduction from his prison term for good conduct;
○ Service of Sentence and
● DOJ Memorandum Circular no. 6 which directs all
Conditional Pardon- It is the conditional wardens or anyone in-charge of local jails to effect
exemption of a guilty offender for the the immediate transfer of national prisoners to the
punishment imposed by a court. Bureau of corrections.
● Republic Act No. 9165- Comprehensive Dangerous
Recognizance-is a mode of securing the Drug Act of 2002 (July 4, 2002) -1 st time minor
release of any person in custody or detention offender (probation) for use 2 possession
for the commission of an offense who is only./deport
unable to post bail due to abject poverty. ● Republic Act No. 9344 – Juvenile & Justice welfare
The court where the case of such person has Act of 2006 (May)
been filed shall allow the release of the ● Republic Act No. 6036, known as the release on
accused on recognizance as provided herein, recognizance law, provides for the release of
to the custody of a qualified member of the offenders charged with an offense whose penalty
barangay, city or municipality where the is not more than six (6) months and/or a fine of
accused resides. (RA 10389) Two Thousand pesos (2,000) or both, to the
custody of a responsible person in the community,
Executive Clemency- Power of the President instead of a bail bond;
to reverse, modify, cancel or change the ● Republic Act No. 6127, fully deducts the period of
penalty imposed by the Court the offenders’ preventive detention from the
● Pardon- an act of grace which exempts sentence imposed by the courts
a person from punishment ● Act No. 4103, as amended, creating the Board of
○ Absolute Pardons and Parole tasked to look into the
○ Conditional – 70 years above physical, mental and moral record of prisoners to
● Amnesty – concurrence of Congress determine who shall be eligible for parole or
(political crimes)/ group of persons conditional pardon.
● Commutation of Sentence – ● Presidential Decree No. 968 July 24, 1976 is the
reduction of sentence Philippine Probation Law of 1976. Probation is, of
● Remission of fines – reduction of the course, a very important legal instrument that
amount of fines contributes to the decongestion of Philippine jails.
● Reprieve – suspension of the ● [REPUBLIC ACT NO. 10389] an act institutionalizing
imposition of death penalty recognizance as a mode of granting the release of
RA 10707 amendment to PD 968 (adult an indigent person in custody as an accused in a
probation law) criminal case and for other purposes.
● Even if there is appeal a person can ● REPUBLIC ACT No. 10592
avail of probation ○ AN ACT AMENDING ARTICLES 29, 94, 97, 98
Pedro- 8 years AND 99 OF ACT NO. 3815, AS AMENDED,
● Appeal- CA OTHERWISE KNOWN AS THE REVISED PENAL
○ 4 yrs 1 day to 6 years CODE
○ Francisco vs. CA ○ Art 29- Preventive Imprisonment
■ One judicial remedy ○ Art 94- Partial extinction of criminal liability
*For good conduct allowances which the culprit
Efforts to decongest jails/ prisons may earn while he is undergoing preventive
● Batas Pambansa Bilang 85, authorizes imprisonment or serving his sentence
the release of a detainee who has ○ Art 97- Allowance for good conduct.
 ○ Art 98-Special time allowance for and/or the Warden of a provincial, district, municipal or
loyalty city jail shall grant allowances for good conduct. Such
○ Art 99- Grant of time allowance allowances once granted shall not be revoked."
● Preventive Imprisonment
○ Agrees to abide by the disciplinary The New Republic Act No. 11362
rules (writing) ▪ Under the Community Service Act, the court may, in
○ 4/5 if not and required to maintain its discretion, and lieu of service in jail, require that the
cleanliness penalties of arresto menor and arresto mayor be served
■ EXPN: recidivists, habitual by the defendant by rendering community service in the
delinquents, escapees and place where the crime was committed, and under such
persons charged with heinous terms as the court shall determine, taking into
crimes are consideration the gravity of the offense and the
○ Credit for reclusion perpetua- (30) circumstances of the case.
years.1âwph ▪ In the decision of the court requiring community
● If PI has reached the equivalent penalty service as penalty, the magistrate will have to specify
or exceeded accused shall be released the number of hours to be worked and the period
immediately without prejudice to the within which to complete the service. During the times
continuation of the trial thereof or the when community service must be completed, the
proceeding on appeal; if does not defendant will be assigned a probation officer.
● Destierro- 30 days of PI
Community Service Act
GOOD CONDUCT TIME ALLOWANCE ▪ The law defined community service as “any actual
physical activity which inculcates civic consciousness,
Years of PI/Service Deduction
and is intended towards the improvement of a public
2 years 20 days/mo work or promotion of a public service”.
▪ The law limited availing the “privilege” under the law
3-5 years 23 days/mo
to only once (1).
6-10 years 25 days/mo ▪ If the defendant violates the terms of the community
service, he or she will be re-arrested and will serve the
10 years above 30 days/mo full term of the penalty “in jail, or in the house of the
*Additional 15 days per month/ each month defendant as provided under Article 88”. The
of study, teaching or mentoring. completion of the terms of the community service of
course warrants the release of the defendant, unless
Special time allowance for loyalty (STAL) the defendant is being held for another offense.
ART. 98. Special time allowance for loyalty. –
A deduction of one fifth of the period of his REPUBLIC ACT No. 11459/ Judges-at-Large Act of 2019
sentence shall be granted to any prisoner ▪ The duly appointed Regional Trial Judges-at-Large shall
who, having evaded his preventive have no permanent salas and may be assigned by the
imprisonment or the service of his sentence Supreme Court as acting or assisting judges to any
under the circumstances mentioned in Regional Trial Court in the Philippines as public interest
Article 158 of this Code, gives himself up to may require. The said Judges-at-Large are entitled to
the authorities within 48 hours following the salaries, privileges, allowances, emoluments, benefits,
issuance of a proclamation announcing the rank and title of a Regional Trial Judge. The Supreme
passing away of the calamity or catastrophe. Court shall determine the length of such temporary
A deduction of two-fifths of the period of his assignment: Provided, That the Judicial and Bar Council
sentence shall be granted in case said shall recommend to the President appointees to the
prisoner chose to stay in the place of his Judges-at-Large positions, after the period of the
confinement notwithstanding the existence temporary assignment, the Judicial and Bar Council shall
of a calamity or catastrophe. recommend to the President the permanent sala to
which the Judge-at-Large shall be appointed."
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
 COMMUNITY-BASED CORRECTIONS
- ARE ALTERNATIVES TO IMPRISONMENT conviction and sentence, the records and reports as to
SUCH AS: his compliance with the conditions of his probation, and
PROBATION – the aid of the local probation officer, under whose
1. (PD 968 of 1976)/ Adult Probation supervision the defendant is placed." It consists of the
Law (matter of privilege) conditional suspension of punishment while the
2. PD 603/ Child and Youth Welfare offender is placed under personal supervision and is
Code as amended by RA 9344 given individual guidance or treatment.
(matter of right
PARDON – 1987 Phil Constitution Important Terms
PAROLE (Act No. 4103 known as the 1. Amicus Curiae – Means friend of the court
Indeterminate Sentence Law of 1933) 2. Absconding Petitioner- a convicted accused whose
application for probation has been given due course by
Probation, in other words: the court but fails to report to the parole and probation
is a disposition under which an accused, after office or cannot be located within a reasonable period
conviction and sentence, is released subject of time.
to conditions imposed by the court and to 3. Absconding Probationer- an accused whose
the supervision of a probation officer. probation was granted but failed to report for
supervision within the period ordered by the court or a
Probation, also: probationer who fails to continue reporting for
is a privilege granted by the court; it cannot supervision and/or whose whereabouts are unknown
be availed of as a matter of right by a person for a reasonable period of time.
convicted of a crime. 4. Defense Counsel/Counsel- lawyer of the petitioner
To be able to enjoy the benefits of probation, 5. Petition- application for probation.
it must first be shown that an applicant has 6. Petitioner - a convicted defendant who files an
no disqualifications imposed by law. application for probation.
7. Probationer - means a person placed on probation.
IS PROBATION A MATTER OF RIGHT? 8.Probation Investigation - The process of selection,
No, it is a mere privilege for adult offenders. diagnoses and planning with the client.
However, under R.A. 9344 or Juvenile Justice 9. Probation Supervision- The continuous process of
and Welfare Act of 2006, a Child In Conflict helping the client to follow through with the plans,
with the Law (CICL) is granted the right to reevaluation and working with the client in the process
probation as an alternative to imprisonment of planning his life to meet dynamic situation.
if qualified under the Probation Law. 10. Probation Officer - public officer like the Chief
IS PROBATION A MATTER OF RIGHT? Probation and Parole Officer (CPPO), Supervising
● No, if you are still applying Probation and Parole Officer (SPPO), Senior Probation
● Yes, if you have been granted and Parole Officer (SrPPO), Parole and Probation Officer
probation II (PPOII), or Parole and Probation Officer I (PPOI), who
● Vested right (due process) investigates for the Trial Court a referral for probation
● Yes, if you are a minor or supervises a probationer or does both functions and
performs other necessary and related duties and
Module 2: History of Probation and Nature functions as directed.
Of Probation In The Philippines 11. Probation Office - refers either to the Provincial or
City Probation Office directed to conduct investigation
Probation etymology or supervision referrals as the case may be;
▪ The word probation is from the Latin word 12. Probation Order - order of the trial court granting
“probatio” which means testing. The word probation
probation is also said to be originated from 13. Prosecutor- lawyer of the victim.
the Latin verb “probare” which means to 14. Trial Court - refers to the Regional Trial Court (RTC)
prove. of the Province or City/Municipal Court which has
▪ Frad v. Kelly, "Probation is a system of jurisdiction over the case.
tutelage under the supervision and control of 15. Volunteerism - is a strategy by which the parole and
the court which has jurisdiction over the probation administration may be able to generate
convicted defendant, has the record of his maximum citizen participation or community
involvement in the overall process of client FOUR (4) ESSENTIAL ELEMENTS OF PROBATION
rehabilitation. 1. A post sentence investigation report which will serve
as the informational for the court’s decision to grant or
PD 968 deny probation.
● The Philippine Probation Law of 1976, - PSIR- conducted by a probation officer upon the
as enacted by Presidential Decree No. referral of the case to them.
968, defines probation as, "a 2. The conditional suspension of execution of sentence
disposition under which a defendant, by the court.
after conviction and sentence, is 3. Condition of probation imposed by the court to
released subject to conditions imposed protect public safety and to faster the rehabilitation and
by the court and to the supervision of a reformation of the probationer.
probation officer." This decree will take 4. Supervision, guidance and assistance of the offender
effect on January 2, 1978. by a probation officer.

Two-fold concept ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM

● The basic legal conceptions of probation UNDER PRESIDENTIAL DECREE NO. 968
in the Decree are twofold: First, it as a The following are the essential elements of the
conditional suspension of the probation system under Presidential Decree No. 968:
execution of sentence - It denotes that 1.Probation is a “single or one-time" affair.
the court assumes a primary role - Probation can only be availed once
because a grant of probation is judicially 2.Probation system is highly selective.
dispensed and controlled. Second it is a - Those who are really qualified are granted
personal care or treatment and probation.
supervision over the probationer - It 3.Persons under probation retain their civil rights,
indicates the administrative aspect of like the right to vote, or practice one's profession,
probation through the supervision of a or exercise parental or marital authority
probation officer and from the point of
view of social workers, a social PURPOSE OF THE PROBATION LAW
casework treatment. 1. Promote the correction and rehabilitation of an
offender by providing him with individualized
FUNCTIONS OF PROBATION treatment;
● PROBATION IS A COURT FUNCTION 2. provide an opportunity for the reformation of a
● PROBATION IS A ADMINISTRATIVE penitent offender which might be less probable
PROCESS if he were to serve a prison sentence; and
● Once the court has granted probation 3. Prevent the commission of offenses.
to an offender and has duly imposed
the terms and conditions of the BENEFITS OF PROBATION
probation, the probation officer has the Probation has the following benefits:
bounden duty to see to it that the It protects society
probationer observes all terms and a. from the excessive cost of detention
conditions imposed by the court. b. from the high rate of recidivism of detained
Probation supervision is then a primarily offender
an administrative process. It protects the victim
○ The primary purposes of probation a. it provides restitution
supervision are: b. it preserves justice
(a)To carry out the conditions set It protects the family
forth in the probation order; a. it does not deprive the wife and children of
(b)To ascertain whether the husband and father
probationer is following said b. it maintains the unity of a home
conditions; and It assists the government
(c)To bring about the a. it reduces the population of prisons and jail
rehabilitation of the probationer b. it lessens the clogging of courts
and his reintegration into the c. it lightens the load of prosecutors
community. It helps the offender
a. it maintains his earning power
 b. it provides rehabilitation in the whereby the execution of the sentence is
community suspended either before or after judgment such as
c. it restores his dignity when there is a favorable circumstance in the
It justifies the philosophy of men criminal’s character in order to give him
a. that life is sacred opportunity to apply to the King for either an
b. that all men deserve a second absolute an or conditional pardon. Early English
chance courts began to grants reprieves to prisoners
c. that and individual can change under sentence of death on condition that they
d. that society has the moral obligation accept deportation to English settlements in
to lift the fallen America.
● Recognizance or “Binding over for good behavior”
Presidential Decree Presidential Decree
No. 603 No. 968 – this is considered as the direct ancestor of
probation. This involves an obligation or promise
Under the PD No. 603 Under PD No. 968, sworn to under court order by a person not yet
the youthful offender the offender is convicted of crime he would keep the peace and
is neither convicted convicted and
be of good behavior.
nor sentenced sentenced. Section 3
although the court defines probation as ● Transportation- this was developed from an
finding him guilty a disposition under ancient practice of banishment and flourished for
determined the which a defendant, more than two hundred years as a principal
imposable penalty after conviction and method of disposing offenders. It served mainly as
and orders his sentence, is released cheap source of supplying labor to the colonies of
commitment as a subject to conditions England.
matter of course to imposed by the court
● Probatio, "testing," has historical roots in the
any of the trustees and to the
for his correction and supervision of a practice of judicial reprieve.
rehabilitation, even probation officer. The ● In English common law, the courts could
without his asking for probationer is not temporarily suspend the execution of a sentence
it and without any committed to any to allow a criminal defendant to appeal to the
prior investigation. institution but is set monarch for a pardon.
free under the ● Even earlier, the practice of suspending a sentence
constructive custody
was used as early as 1830 in Boston,
of the court which
heard his application Massachusetts, and became widespread in U.S.
for probation. Section courts, although there was no statutory provision
4 of the Probation for such a practice.
Decree requires that ● At first, judges, most notably Peter Oxenbridge
the defendant should Thatcher of Boston, used "release on
apply for probation.
recognizance" or bail and simply refrained from
taking any further action. In 1878 the mayor of
HISTORICAL DEVELOPMENT OF PROBATION Boston hired a former police officer, the ironically
● Benefits of the Clergy- earliest for named "Captain Edward Savage," to become what
softening of the brutal severity of many recognize as the first official probation
punishment. This was a compromise officer. By the mid-19th century, however, many
between the church and the king that, if Federal Courts were using a judicial reprieve to
any member of the clergy was brought suspend sentence, and this posed a legal question.
to trial before the king’s court, such ● In 1916, the United States Supreme Court, in the
clergy could be claimed from the Killets Decision, held that a Federal Judge (Killets)
jurisdiction by the bishop or chaplain was without power to suspend a sentence
representing him on the ground that indefinitely. This decision led to the passing of the
the prisoner was subject to the National Probation Act of 1925, thereby, allowing
authority of the Ecclesiastical Court courts to suspend the imposition of incarceration
only. There was greater leniency in and place an offender on probation.
sentencing and particularly escape from - The power to suspend sentences was
death penalty. Acquittal or guilt was removed from judges.
established by a Jury of Twelve Clerks. ● Probation developed from the efforts of a
● Judicial Reprieve- withdrawal of philanthropist, John Augustus, who looked for
sentence for an internal of time ways to rehabilitate the behavior of criminals.
 ● Massachusetts developed the first for reformation under such guardians than in
state-wide probation system in 1880, prison.
and by 1920, 21 other states had ○ At unexpected period, confidential officers visit
followed suit. the guardians, make inquiries and register
● With the passage of the National facts. He was thus informed and records were
Probation Act on March 5, 1925, signed kept.
by President Calvin Coolidge, the U.S.
Federal Probation Service was HISTORICAL DEVELOPMENT OF PROBATION IN UNITED
established. STATES
● On the state level, pursuant to the ● The first state to enact a real probation law in
Crime Control and Consent Act of 1936, United States is Massachusetts. The first practical
a group of states entered into an demonstration of probation, first use of the term
agreement wherein they would as court service, and the enactment of the first
supervise probationers and parolees probation law occurred in Massachusetts.
who reside in each other's jurisdictions ● Volunteer services evolved in Maryland. The
on each other's behalf. Known as the prisoners Aid Association of Maryland, organized in
Interstate Compact for the Supervision 1869, employed agents to visit the prison and
of Parolees and Probationers, this assist released prisoners and gradually they began
agreement was originally signed by 25 to investigate cases and assist offenders before the
states in 1937. Baltimore courts.
● By 1951, all the states in the United ● Another state adopting a partial measure was
States of America had a working Missouri with its “parole of convicted person’s law
probation system and ratified the of 1897.”
Interstate Compact Agreement. In 1959, ● The second state to enact a real probation law. The
the new states of Alaska and Hawaii, Vermont like Missouri and unlike Massachusetts
the Commonwealth of Puerto Rico, and provided for probation only after suspension of the
the territories of the Virgin Islands, execution of sentence.
Guam, and American Samoa ratified the ● The third state to enact a real probation law is
act as well. Rhode Island. A complete state-administered
probation system appeared first in Rhode Island.
Matthew Davenport Hill The Act of 1899 empowered the board of state
● Mathew Davenport Hill is considered charities and corrections to appoint a state
the father of probation in England. He probation officer and additional probation officers,
left an interesting account of his “one of whom at least shall be a woman,” to serve
experiments in the Birmingham court. all courts in the state. The Act followed
He was in the forefront of reforming Massachusetts in permitting the use of probation
juvenile offenders. He finds persons before the imposition of sentence and even
who act as guardians of the juvenile without conviction but the limitation of probation
offender. Then at an unexpected to less serious offenses was an unfortunate
period, the confidential officer visits the departure from the laws of Massachusetts and
guardian, makes inquiries and keeps Vermont.
notes of information received. ● Success of probation became known in other
● He conducted his experiment in the English-speaking countries. Illinois and Minnesota
Birmingham Court. Beginning in the in 1899 Plan for children only. New Jersey and New
early years of 1481, he acted for and in York enacted probation law in 1900.
behalf of juvenile offenders, when he ● Finally, on March 4, 1925 the UNITED STATES
believes: FEDERAL PROBATION ACT was enacted.
○ The individual is not fully corrupt
○ There was reasonable hope of John Augustus
reformation ● John Augustus is the father of probation in the
○ When there could be found persons USA. He is a Boston shoemaker, first to develop a
to act sustained service to promote temperance and to
○ As guardian they are kind enough to reclaim drunkards. Although later he begun to take
take charge of the young convict. In men and woman charged with other crimes, then
the belief that there is better hope eventually children. As indicated by the story of
 the first case, his method was to HISTORY OF PHILIPPINE PROBATION LAW
provide bail for a temporary suspension • The Philippine Legislature enacted the first probation
or postponement of sentence, during of the Philippines. The first legislation was Act No. 4221
which he sought to counsel and assist enacted by the Philippine legislature on August 07, 1935
such persons find homes, securing and which created a Probation Offices under the
employment and adjusting family Department of Justice led by a Chief Probation Officer
difficulties. At the end of the probation appointed by the American Governor General with the
period, he brought back the offender to advice and consent of the United States. This Law
court, and if no further complaint had provided probation for the first-time offenders,
been lodged against the offender, the eighteen years of age and over, convicted of a certain
judged imposed a nominal fine with crime.
costs. If the man was too poor, Mr. • However, the law stayed in the statute Books for only
Augustus advanced the amount, usually Two years. The act subsequently declared
as loan. unconstitutional by the Supreme Court on Nov. 16,
● John Augustus originated in 1937 in People vs. Vera 37 O.G. 164.
rudimentary form, many of the
techniques of probation officers and NOTA BENE:
other social workers today, including ● The ill-fated Act was only procedural framework
casework, foster home placement, and that was antagonistic with the
protective work for women and constitution/charter.
children. ● Section 11 of Act no 4221, the fatal provision of
● This was brought about by the changing the Act, provided that "This Act shall apply only
attitudes of the people towards law in those provinces in which the respective
breaker and the removal of the provincial boards have provided for the salary
inherited attitudes from the PURITANS. of a probation officer.

METHODS OF JOHN AUGUSTUS WHO IS TEODULO C. NATIVIDAD?

● Provide bail for temporary suspension ● He is the Father of Probation in the Philippines.
of punishment of sentence He headed the committee (IDCCP) primarily
● Then he sought counsel and assists his tasked with the drafting of the adult probation
charges in finding homes, securing law.
employment and adjusting family
difficulties. THE ADULT PROBATION LAW OF 1976
● At the end of probation, he brought ● It took a long time before another attempt was
offender back to court-if no further made with introduction then by Congressman
charges are found- judge imposes a Teodulo C. Natividad in collaboration with
nominal fine with cost if man is poor, former Congressman Ramon D. Bagatsing,
Augustus advance fine as a loan. House Bill No. 393. The measure was passed in
the Lower House and was pending in the senate
● AUGUSTUS EXPERIMENT when Martial Law was proclaimed in 1972.
○ August 1841- Rugged drunk man ● The Presidential decree No. 968, established a
○ 3 weeks -The drunkard was brought probation system less costly alternative to the
back to court where the judge imprisonment of the offender who are likely to
cannot recognize him. Imposes a respond to individualized, community-based
fine of $ 3.76. treatment program is the second legislation
○ Augustus died on June 21, 1859. that enforces a probation system in the country.
And out of 2000 person whom he ● On Nov. 13, 1974, the Inter-Disciplinary
extended his help, only 10 were Committee on Crime Prevention (IDCCP) was
ungrateful. And out of 1100 cases, created to formulate a national crime
only one case was forfeited. prevention program for the courtly.
○ Massachusetts became the 1 st
country to enact a probation law on
April 21, 1878
INTER-DISCIPLINARY COMMITTEE ON CRIME
PREVENTION (IDCCP)
 ● The delegation’s official report 1. Changed the name of the agency to Parole and
served as the turning point for the Probation Administration.
Interdisciplinary Committee on 2. Transferred the supervision of parolees and
Crime Prevention of the commission pardonees from municipal courts to the Parole
to formulate for a national crime and Probation Administration.
prevention program. 3. Created the technical services under the office
● The final forum of the proposed of the administration which shall serve as the
institutionalization of adult service arm of the Board of Pardons and Parole.
probation in the country was the ● July 18-24 – Parole and Probation week under
First National Conference on Crime E.O 405 signed by Pres. Fidel V. Ramos.
Control, which was held at Camp ● R.A 9344 – Juvenile justice and welfare act of
Aguinaldo from July 22 to July 24, 2006, under sec. 4 with ages more than 15 but
1976. It was on this historic last day less than 18 to apply for probation, thus,
of the Conference that the amending sec. 4 of PD 968 as amended known
Presidential Decree No. 968 and as Probation Law of 1976.
thereby Transported the criminal House Bill No. 393
justice system of the country to the ● filed by Teodulo C. Natividad and Ramon
twentieth century. In the process, Bagatsing. This is the second Bill/measure that
the president also appointed as the attempts to establish adult probation in the
first Probation Administration, Philippines. It was passed in the lower house
NAPOLCOM Chairman, Teodolo C. but pending in the senate when martial law was
Natividad in a concurrent capacity. proclaimed.
● Under the leadership of
Commissioner Teodulo C. Natividad, The present probation law
the IDCCP, after barely two months Presidential Decree 968
of work evolved a proposed system ● Probation Law of 1976
of probation for adults based on ● This was signed into law by then President
evaluation of projects on crime Ferdinand Marcos on July 24, 1976 during the
prevention and treatment of last day of the first national conference on
offenders in the courtly, notably the Crime Control held at Camp Aguinaldo.
Bacolod City experiment on social January 3, 1978 – effectivity of the application of the
defense. substantive provisions concerning grant of probation.
● This was later incorporated as part of Teodulo C. Natividad – former NAPOLCOM
PD 968 which was signed into law by commissioner and former Congressman of Bulacan.
Pres. Ferdinand E. Marcos on July 24, - Known as the “father” of Probation in the
1976. Philippines.
Note: Jan. 3, 1978 – affectivity of the
substantive provisions of PD 968. Legal Aspect of Probation
NATURE OF PROBATION
Parole and Probation Administration. ● Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984)
PD 1257 – promulgated on December 1, it was held that an order placing defendant on
1977 amended sections 4, 7, 15 of Pd 968 in "PROBATION" IS NOT A "SENTENCE" but is rather
addition to its amendment to sec. 33 of the in effect a suspension of the imposition of
same decree providing for the affectivity of sentence. It is not a final judgment but is rather
salient provisions of said decree on January an "interlocutory judgment" in the nature of a
3. 1978. conditional order placing the convicted defendant
BP 76 – amended further PD 968 sec. 9. It under the supervision of the court for his
provided for the maximum probationable reformation, to be followed by a final judgment of
period of 6 years and 1 day. discharge, if the conditions of the probation are
PD 1990 – amended PD 968 sec. 4 and complied with, or by a final judgment of sentence
original probationable period to only 6 years. if the conditions are violated.
Executive Order No. 292 – signed by Pres.
Corazon Aquino. Introduced new features of BASIC PRINCIPLES OF PROBATION
Probation of 1976. ● Self-Determination – enables the client to
determine what one’s own needs are and how
 these needs should be met within the service in lieu of imprisonment. In case of
boundaries allowed by law. probation, the supervision and rehabilitative
● Self-Awareness – knows one’s own surveillance shall be undertaken by the
emotional conflicts and unresolved Board through the DOH in coordination with
problems. the Board of Pardons and Parole and the
● Self Knowledge - leads to greater Probation Administration. Upon compliance
objectivity and fairness in dealing with with the conditions of the probation, the
the client Board shall submit a written report to the
● Controlled Emotional Involvement – court recommending termination of
knows the boundaries of the probation and a final discharge of the
professional role and personal self in probationer, whereupon the court shall issue
dealing with the client. such an order.
● Confidentiality – earns the trust of the ● PD 603, amended by PD 1179 and RA 9344 (Child &
client by keeping confidential Youth Welfare Code) probation to minor offenders.
information to oneself. ● PD 968 was approved only on July 24, 1976 and
● Transparency – consistently practices became operational on January 3, 1978. Sentenced
honesty, justice and fair play and offenders 18 years and above can apply for
conducts oneself with openness and the probation before serving a sentence.
highest degree of integrity and moral ● The first probation in 1937 was declared
uprightness in dealing with clients, co- unconstitutional because it covers only provinces
workers and the public. that can financially afford to adopt the law.
● Republic Act 9344, as amended, the Juvenile
APPLICATION FOR PROBATION Justice and Welfare Act of 2006, provides for
● The application for probation shall be probation as an alternative to imprisonment of a
filed by a sentenced or convicted CICL. The court may place a child on probation in
offender whose sentence is not more lieu of service of sentence upon application after it
than 6 years imprisonment. It shall be has convicted and sentenced the CICL.
filed with the court that tried and ● The law requires taking into account the best
sentenced the offender. interest of the child, and the conduct of PSI can
● Section 57 and Section 70 of RA No. determine the overall condition of a CICL by
9165/ Probation is granted to drug looking into the child’s background as to the cause
addicts. of the child’s involvement in the case using
○ However, under Sec. 70 of interview as a tool in investigation and in gathering
Republic Act No. 9165, the collateral information.
Comprehensive Dangerous Drugs ● Relevant data on the personal circumstances of
Act of 2002, the first-time minor the CICL must be considered along with the legal
offender who upon promulgation qualifications and suitability for probation to
of the sentence, the court may, in determine the appropriate intervention measures.
its discretion, placed the accused
under probation, even if the Petition for Probation
sentence provided under Sec. 11 Is there a need to apply for probation to avail of its
of the Act is higher than that benefits? - Yes, it will not be granted except upon the
provided under Probation Law. application by the accused. The necessity for such
○ SECTION 70 OF REPUBLIC ACT application is indicated in Sec. 4, PD 968, which states
NO. 9165. Probation or that “the trial court may, after it shall have convicted
Community Service for a First- and sentenced a defendant and upon application by
Time Minor Offender in Lieu of said defendant within the period of perfecting an
Imprisonment. – Upon appeal.
promulgation of the sentence, the
court may, in its discretion, place When can a petitioner file his application for
the accused under probation, probation? - the law says that the application should be
even if the sentence provided made within the period for perfecting an appeal or
under this Act is higher than that within 15 days from the promulgation of notice of
provided under existing law on judgment.
probation, or impose community
Is there a form prescribed for the a. the court may, upon receipt of the application
application for probation? - Yes, it shall be in suspend the execution of sentence imposed in
the form approved be the Secretary of judgment;
justice as recommended by the b. pending the submission of the PSIR and the
Administrator or as may be prescribed by the resolution on the application, the applicant may
SC. be allowed on temporary liberty under his bail,
on a new bail, or released on recognizance.
Where can we file the application for
probation? -The application for probation be Post-Sentence Investigation Report (PSIR)
filed directly to the trial court that heard and ● The Post-Sentence Investigation Report (PSIR) is
sentenced the person applying for probation. the primary instrument upon which is based the
grant or denial or probation by the court. Since
What then be the duty of the court after determination to grant or deny probation is made
receipt of the application? - the trial court within a prescribed period, it is necessary that the
may notify the concerned prosecuting officer report be prepared in an expeditious manner in
of the application at a reasonable time order to meet the time limit set by the law and the
before the scheduled hearing thereof. Court. The report must provide adequate and
relevant information and recommendations for the
PROCEDURES IN APPLYING FOR proper disposition of the petition for probation
PROBATION: and must be well organized and written in clear
1. The offender or his counsel files a petition and concise language.
with the convicting court
2. The court determines convict Case Records
qualifications and notifies the prosecutor of 1. Worksheet – as in the narrative format, the initial
the filing of the petition interview of the Petitioner is conducted with the use of
3. The prosecutor submits his comments on the Worksheet. The worksheet serves as the database
such application within 10 days from receipt of information on the petitioner. The worksheet has
of the notification. likewise been revised to be compatible with the
4. If petitioner is qualified, his application is changes done in the revised PSIR. It must be
referred to the probation officer for post- emphasized that the revised PSIR form is NOT a
sentence investigation substitute for the worksheet.
5. The post-sentence investigation report 2. Investigation Case Notes – subsequent interviews
(PSIR) is submitted by the probation officer with the petitioner and with other sources of
to the court within 60 days information, and details of the full aspects of the
6. The court grants or denies the petition for investigation shall be reflected in the case notes. These
probation within 15 days upon receipt of the should be written in clear and concise language, with
PSIR. each entry dated and use the source of information
Certificate of No Appeal (CAN): refers to specified.
written certification issued by the Clerk of 3. Relevant Documents – copies of the Court Decision,
Court or any authorized Court Official that Information, records check, courtesy investigation
the pertinent criminal case/s has been reports and all other relevant documents shall be kept
decided by a particular Court of Law, and the as usual in the Investigation Case Folder.
same has not been appealed;
Certificate of No Pending Case (CNPC): Rehabilitation/ Treatment Programs
refers to a certification issued by the Clerk of ● Individual and group counseling
Court or any authorized Court Official that ● Restorative justice intervention (if applicable)
aside from the case now/presently serving ● Seminars, lectures or trainings offered or
by the concerned prisoner, there is/are no arranged by the Agency
other case/s pending before that Court ● Work or job placement/referral
● Vocational/livelihood and skills training
● Health, mental and medical services
● Literacy and education
Effects of filing an application for Probation ● Community service
● Client self-help organization
● Payment of civil liability
 ● Environment and ecology a. The probationer must present himself to his
● Sports and physical fitness probation officer within 72 hours
● Integrated allied social services b. Report to his probation officer at least once a
program month
c. Not to commit another crime
Criteria for Placing an Offender on d. Comply with any other lawful conditions
Probation imposed by the court.
In determining whether an offender may be
placed on probation, the court shall consider Conditions for Probation
all information relative to the character, (a) present himself to the probation officer
antecedents, environment, mental and designated to undertake his supervision at such
physical condition of the offender, and place as may be specified in the order within
available institutional and community seventy-two hours from receipt of said order;
resources. Probation shall be denied if the (b) report to the probation officer at least once a
court finds that: month at such time and place as specified by
(a) the offender is in need of said officer.
correctional treatment that can be (c) cooperate with a program of supervision;
provided most effectively by his (d) meet his family responsibilities;
commitment to an institution; or (e) devote himself to a specific employment and
(b) there is undue risk that during the not to change said employment without the
period of probation the offender will prior written approval of the probation officer;
commit another crime; or (f) undergo medical, psychological or psychiatric
(c) probation will depreciate the examination and treatment and enter and
seriousness of the offense remain in a specified institution, when required
committed. for that purpose;
(g) pursue a prescribed secular study or vocational
Disqualifications for Probation training;
a. Those who were sentenced to more (h) attend or reside in a facility established for
than 6 years instruction, recreation or residence of persons
b. Those who were convicted of crimes on probation;
against the security of the state (Art. (i) refrain from visiting houses of ill-repute;
134 to 157 except 135, 140 and 152 (j) abstain from drinking intoxicating beverages to
of the RPC) excess;
c. Those previously convicted and (k) permit to probation officer or an authorized
punished of not less than 1 month social worker to visit his home and place or
and 1 day imprisonment and/or fine work;
of not less than 200 pesos (include (l) reside at premises approved by it and not to
those punished with destierro) change his residence without its prior written
d. Those who were previously granted approval; or
probation under P.D. 968 (m) satisfy any other condition related to the
e. Those who were already serving rehabilitation of the defendant and not unduly
their sentence when probation restrictive of his liberty or incompatible with his
became applicable freedom of conscience.

The Court will not grant Probation if it finds: If the probationer committed a crime while under
a. The offender can be treated better in probation, what would be the consequences?
a mental institution or other places a. The probationer will be arrested for violation of
for correction the condition of probation
b. The offender is a risk to the b. Prosecution of the new crime committed
community c. The court will order the serving of the original
c. The offense is grievous to the eyes of sentence of the previous offense
the community

When Probation is granted, what conditions Report prepared by PPOs

are imposed by the court?
Arrival Report – when the probationer or
parolee reports for supervision, the When can the Court Modify the Conditions for
probation and parole officer concerned shall Probation?
immediately inform the board, through the a. at any time during supervision
technical service of the parole and probation b. after summary hearing when the probationer
administration, of such fact by submitting violated any of its conditions
the necessary arrival report. c. upon application by the probation officer or the
Progress Report- on the conduct of the probationer himself
probationer or parolee while under Note: only the judge who heard and decided the case
supervision; has the power to grant, deny, modify, revoke and
Status Report- When a probationer or terminate probation.
parolee commits another offense during the
period of his probation parole supervision OUTSIDE TRAVEL
and the case filed against him has not yet 1. Probation officer authorized the probationer to
been decided by the court: travel outside the area of the operation for a
Infraction Report- when the probationer or period of 10 days but not exceeding 30 days.
parolee has been subsequently convicted of 2. If 30 days, Probation must file 5 days before a
another crime; request to travel outside for the approval of
Violation Report-when a probationer or Probation authorities.
parolee commits any violation of the terms 3. If more than 30 days Probation Authorities shall
and conditions appearing in his Release recommend for Court Approval.
Document or any serious deviation or non-
observance of the obligations set forth in the Courtesy Investigation
parole supervision program. Full Blown Courtesy Investigation (FBCI)
● Is a transient offender in the place of commission
How long is the period of probation? of the crime and/or a permanent resident of
a. Not more than 2 years if the another place;
sentence is imprisonment for 1 year ● Has spent pre-adolescent and/or adolescent life in
or less the province or city of origin;
b. Not more than 6 years if the ● Has attended and/or finished education therein;
sentence is imprisonment for more and
than 1 year but not more than 6 ● Have immediate family members and
years. acquaintances who are residents of the place of
Note: Probation starts upon issuance of the origin.
court granting probation.
Partial Courtesy Investigation (PCI)
When should probation be denied? ● The PCI shall be used for petitions who do not fall
a. The offender is in need of within the purview of the FBCI and is conducted by
correctional treatment that can be another PPO.
provided more effectively by his
commitment to an institution CHANGE OF RESIDENCE
b. There is undue risk that during the 1. The probationer must file a request for change
period of probation the offender will of residence at the city or provincial Parole and
commit another crime Probation officer to the court approval.
c. Probation will depreciate the 2. If approved, The RTC which has jurisdiction over
seriousness of the offense. the place shall have full control of the
probationer.
The offender may be released pending
application for probation: Who is a volunteer probation aide?
a. On the same bond he filed during ● he/she is a civilian of good repute and integrity,
trial at least 18 years of age, appointed by the
b. On a new bond Probation Administration to assists the Pos in
c. To the custody of a responsible investigation and supervision. A VPA is not
member of the community if unable entitled to salary but is given a reasonable
to file bond travel allowance.
 f. Marked improvement in their outlook in life by
TERMINATION OF PROBATION: becoming socially aware and responsible member of his
after the probationer has satisfactorily family and the community; and
completed the probation period, the g. Significant growth in self-esteem, self-discipline and
Probation Officer shall submit a termination self-fulfillment. Provided, that said parolee/pardonee
report to the court containing the ff: has undergone supervision for at least one-half (1/2) of
a. condition of probation the required surveillance period.
b. program of supervision and response 3. Those who
to treatment a. To travel abroad due to any of the following:
c. recommendation A.1. Needs medical treatment for an
illness, which is not available locally;
TWO WAYS OF TERMINATING PROBATION: A. 2 With an approved application for
1. After a period of probation with immigration; and
satisfactory compliance with conditions of A. 3 With guaranteed employment
probation. abroad.
2. Other ways of terminating probation 4. Those who will take any government
a. termination before the expiration examination.
of the period (served at least 1/3 of 5. Those who are seeking an appointive/elective
the imposed period but not less than public position or reinstatement in government
6 months) service.
b. termination by pardon of the
probationer (either absolute or
conditional)
c. Deportation of the probationer –
when an alien on probation is
deported, probation will necessary
be terminated.
d. Death of probationer.

Early Termination RIGHTS RESTORED AFTER TERMINATION OF

1. Those who are suffering from serious PROBATION
physical or mental disability such as a. All civil rights suspended when the offended was
lepers, deaf-mutes, the crippled, the convicted and sentenced are restored after the
totally blind, the senile, bed-ridden termination of probation
due to serious illness rendering them b. liability to pay a fine is also discharged IN CASE OF
incapacitated to report for supervision; SUBSIDIARY IMPRISONMENT
2. Those who do not need further
supervision as evidenced by the How Can Probation help in the Prevention of Crime?
following: ● when in the community, he is helped and given
a. Have shown to be law-abiding citizen and opportunities to be productive and responsible
has not violated any of the Philippine laws instead of going to prison
(Sec. 6, R.A. 4103); ● hopefully, these situations restrain the probationer
b. Consistent and religious compliance with from committing crime
all the conditions imposed in his discharge
order; How can Community help in the Success of Probation?
c. Absence of any derogatory record while 1. community accepting the probationers, giving them a
serving parole/pardon; feeling of belongingness
d. Positive response to the program of 2. community agencies and schools are being opened
supervision designed for their for the training and treatment of probationers
rehabilitation; 3. community leaders and layman allowing the
e. Significant improvements in their social participation of probationers in developmental
and economic life; programs
4. religious organizations giving the probationers
spiritual advice and extending their social action
programs to probationers
5. various organizations providing temporary member of the community to the supervision
housing for probationers treatment program.
6. the community playing an equally ● Sec. 9. Supervision Treatment Plan; Goals. - The
important role after the termination of Probation Officer shall prepare a Supervision
probation, it should be ready for the Treatment Plan (STP) for strict compliance by the
reintegration of the individual into probationer. The STP shall be prepared in
community life. consultation with the probationer and his/her
immediate relative or, in the absence of the latter, a
Difference of Probation from Imprisonment responsible community member
and Parole:
1. Probation is an alternative to Drug Offenders under probation
imprisonment. Instead of being “Voluntary Submission Program” is an intervention
confined in prison, the probationer is activity whereby any drug dependent or any person
released to the community by the who violates Sec. 15 of RA 9165, either by himself or
court with conditions to follow and is through his parents, spouse, guardian or relative within
placed under the supervision of PO. the fourth degree of consanguinity or affinity, shall
2. Parole is a conditional release of a apply to the Board or its duly recognized representative,
prisoner whereby he is placed under for treatment and rehabilitation. By virtue of such
the supervision of a Parole Officer application, the Board or its duly recognized
after serving his minimum sentence. representative shall refer the matter to the Court which
3. Probation is a community-based shall order that the applicant be examined for drug
approach to reformation of dependency by a DOH-accredited physician. If the result
offenders, while imprisonment is positive, the Court shall issue an order for him to
adopts the institutionalized undergo treatment and rehabilitation in a center
approach. designated by the Board for a period of not less than six
4. Probation is handled by the (6) months.
Probation Administration while
parole is administered by the Parole However, in the absence of a center near or accessible
Board to his residence or where such drug dependent is below
5. Probation is enjoyed only once while 18 years of age, and a first-time offender, and
parole may be granted more than nonconfinement will not pose serious danger to his
once, depending on good behavior family or the community, the drug dependent may be
during imprisonment. placed under the care of the DOH-accredited physician.
6. Probation is more beneficent A drug dependent discharged as rehabilitated from the
because it restores full civil rights to center shall be criminally exempt under Sec. 15
the probationer upon termination provided, he satisfies the requirements under Section
unlike parole. 55 of the Act.
7. Probation is essentially a judicial
function (under the control of the “First-time minor offenders” refers to a natural person
court) while parole is an executive who commits a crime or an offense in violation of the
function (under the Parole Board). Act for the first-time when he is over 15 but under 18
Probation for Minors when the decision should have been promulgated.
● Sec. 5. JICL Docket Book
● Sec. 6. Intake Interview; Waiver- cum Drug Offenders who are qualified?
authorization ● Those who have been discharged as
● Sec. 7. Case Conference. - Before the rehabilitated by the DOH-Accredited Center
submission of the PSIR to the Trial Court, under Voluntary Submission Programs, but
the Probation Officer shall confer with failed to qualify for exemption from criminal
the petitioner, his/her immediate family liability under Section 55. As a consequence,
member or relative or, in the latter's they were charged and convicted for violation
absence, a responsible member of the of Section 15 of RA 9165, however, instead of
community. The conference shall seek to serving sentence, they were placed on
determine and enhance the commitment probation and required to undergo community
of the petitioner's relative or concerned service as an alternative to imprisonment.
 ● Those first-time minor offenders exemplary may therefore be considered role
whose sentence was suspended model to fellow offenders.
pursuant to Section 66 of this Act. 4. Has the time to supervise a maximum of 5
However, in view of their violation of clients.
the condition of their suspended Appointment and Term of Office
sentence and the applicable rules a) Probation Aides shall be appointed by the
and regulations of the Board Probation Administrator or through authority
exercising supervision and delegated to the Regional Directors within their
rehabilitative surveillance over them, respective areas of responsibility upon the
including the rules and regulations of recommendation of the CPPOs.
the Center should confinement be b) Probation Aides so appointed may hold office
required, they are returned to the during good behavior for a period of two (2)
Court for the pronouncement of the years, renewable at the end of each period;
sentence. The Court, in its discretion, provided, that, the appointing authority may at
may place the first-time minor any time terminate the services of Probation
offenders under probation even if Aides for unsatisfactory performance for at
the sentence actually imposed least two (2) consecutive semesters as
exceeds the maximum term of determined by the proper Offices and/or for
imprisonment covered by PD 968. other lawful and valid cause(s). Thereafter, his
reinstatement shall be determined by his
Volunteer Probation Aide display of good behavior as determined by
● VPA are citizens of good standing in collateral informants and the appointing
the community who volunteer to authority.
assist the parole and probation
officers in the supervision of a SALARY
number of probationers, parolees, ● VPA shall not receive any regular compensation
and pardonees in their respective but entitled to travel allowances allowed under
community. existing government rules and regulation.
● Since they reside in the same
community as the client, they are DUTIES OF VPA
able to usher in the reformation and 1. Assist the Probation Officer in supervision of
rehabilitation of the clients, and so probationer
on. 2. Prepare and submit reports and record of his
work as may be required by probation offices.
Qualifications 3. Assist the probation officer in mobilization of
a) Must be citizens of good repute and community support for probation program
probity.
b) At least 18 years of age on the date Case Loads
of appointment a) In assigning probation supervision caseload(s)
c) At least high school graduates and to the Probation Aides, the Probation Offices
d) Preferably residence of the same shall duly consider their respective
locality or community covering the qualifications, length of service, work
place of residence of the probationer accomplishments, and other related criteria.
and/or the CPPOs, SPPOs, and And, as to maximum supervision caseload to be
SrPPOs, PPOsII, and PPOsI. given to them, the Probation Office should,
exercise utmost prudence and caution.
Other qualification b) The maximum supervision caseloads of a
1. Of sound mind and of good moral Probation Aide at any given time shall be ten
character. (10) probationers on minimum case
2. As adequate and stable income and classification or three (3) probationers on
willing to serve without any maximum case classification in addition to
compensation. other duties.
3. Has no criminal record of conviction,
except those who have shown IMPORTANT LAWS
P.D. 1257 – participation of the prosecutor in Client – refer to a pardonee/parolee who is place on
the determination of the application for supervision
probation
P.D. 76 – the period of punishment which is History of Parole system in the Philippines:
probationable is extended from 6 years and ● it came into existence by the passage of Act
1 day. 4103 as amended by Acts 4203 and 4225,
P.D. 1990 – the period of punishment which otherwise known as the Indeterminate
is probationable is lowered again from 6 Sentence Law, which took effect on Dec. 5,
years and 1 day to 6 years or less 1933.
E.O.292 (Administrative Code of 1987) – Board of Pardons and Parole- administers the Parole
renamed the Probation Administration into system of the country.
Parole and probation Administration.
Pre-Parole Investigation:
NATURE OF INFORMATION GATHERED: ● The Administration has been authorized by the
- Strictly confidential and privilege Board to conduct pre-parole investigation of
NATURE OF POST SENTENCE deserving city, provincial and national prisoner
INVESTIGATION confined in the city and provincial jails, the
- It is recommendatory in nature and national penitentiary and penal colonies,
address to the sound discretion of whenever their best interests and that of justice
the trial court will be served thereby, and to submit reports of
EFFECTIVITY OF PROBATION said investigation at least 60 days before the
- Upon its issuance expiration of the minimum sentences of the
FINALITY prisoners concerned.
- The order of the court granting or
Parole Probation
denying probation SHALL NOT BE
APPEALABLE. Administrative It is a judicial function
function exercised by exercise by the
Probationer – a person placed on probation the courts.
executive branch of
Absconding probationer – a person whose
the government
probation was granted but failed to report (executive function)
for supervision or fails to continue reporting
for supervision or whose whereabouts are Granted to a prisoner Granted to an
unknown for a reasonable period of time. only after he has offender immediately
serve after
Probation officer – one who investigates for
the minimum of his conviction.
the court a referral for probation or one who
sentence.
supervises a probationer or both.
Petitioner – an accused or defendant who It is an extension of It is substitute for
files a formal petition for probation institutional. It is a imprisonment.
Absconding petitioner – a convicted conditional release of Probation is an
a prisoner whereby alternative to
defendant whose application for probation
he imprisonment.
has been given due course by the court but is placed under the Instead of being
fails to report to the probation office or supervision of a confined in prison,
cannot be located within a reasonable period Parole the probationer is
of time. Officer after serving released to
his minimum the community by
PAROLE sentence. the court with
conditions to
Parole – refer to the conditional release of
follow and is placed
an offender from a penal institution after he under the supervision
has served the minimum period of his prison of PO.
sentence.
Parolee - refer to a person who is released Granted by BPP Granted by the court
on parole Parolee Probationer
Pardonee – refer to a person who is released
on conditional pardon Parolee supervised Probationer
 been convicted, the director/warden concerned
by parole officer supervise by
probation officer shall forward their prison records and
carpetas/jackets at the same time.
Parole is Probation is handled d. Inmate has no pending criminal case; and
administered by the by the Probation e. e. Inmate is serving sentence in the national
Parole Board. Administration
penitentiary, unless the confinement of said
Parole does not Probation is more inmate in a municipal, city, district or provincial
restores full civil beneficent because it jail is justified.
rights to restores
parolee full civil rights to the PRISONERS DISQUALIFIED FOR PAROLE:
probationer upon 1. those persons convicted of offenses punished with
termination
reclusion perpetua;
unlike parole.
2. those convicted of treason, conspiracy or proposal
It is granted more Probation is enjoyed to commit treason;
than once, depending only once 3. those convicted of misprision of treason, rebellion,
on sedition or espionage;
good behavior during
4. those convicted of piracy;
imprisonment
5. those who are habitual delinquents;
Probation is a Convict must serve 6. those who escaped from confinement or those
community-based the minimum of his who evaded sentence;
approach to sentence 7. those who were granted conditional pardon and
reformation of before the grant. violated any of the terms thereof;
offenders.
8. those whose maximum term of imprisonment does
not exceed 1 year or are with a definite sentence;
PRISONERS QUALIFIED FOR PAROLE: 9. those suffering from any mental disorder as
Unless otherwise disqualified under Sec. 15 certified by a psychiatric report of the bureau of
of the rules, a prisoner shall be eligible for correction or national center for mental health;
the grant of parole upon showing that – 10. those whose conviction is on appeal;
a. he is confined in a jail or prison to 11. those who have pending criminal case for an
serve an indeterminate prison offense committed while serving sentence.
sentence, the maximum period of
which exceeds one year, pursuant to COMPOSITION OF THE BOARDS OF PARDON AND
a final judgment of conviction; and PAROLE
that Chairman - Secretary of the DOJ
b. he has served the minimum period Ex-Officio - Probation Administrator of the Parole and
of said sentence less the Good Probation Administration
Conduct Time Allowances (GCTA) Members:
earned. a. Sociologist
c. There is a reasonable probability that b. Clergyman/Educator
if released, he will be law abiding; c. Psychiatrist
and that d. Person qualified for the work by
d. His release will not be incompatible training/experience and a member of the
with the interests and welfare of Philippine BAR.
society.
EXECUTIVE CLEMENCY
Eligibility for Review of A Parole Case Pardon
a. Inmate is serving an indeterminate - an act of executive clemency, by a head of a
sentence the maximum period of state for the purpose of exempting an individual
which exceeds one (1) year; from the punishment imposes upon him by a
b. Inmate has served the minimum court of law.
period of the indeterminate - It is an act of grace and the recipient is not
sentence; entitled to it as a matter of right.
c. Inmate's conviction is final and
executory; In case the inmate has KINDS OF PARDON
one or more co-accused who had 1. Absolute Pardon
 - It is an absolute pardon when it is under oath by a physician designated by the
granted by the Chief Executive Department of Health;
without any conditions attached. f. Inmates who suffer from serious, contagious or
Absolute pardon serves to wipe life-threatening illness/disease, or with severe
away the guilt of a pardonee, and physical disability such as those who are totally
makes him innocent as if he has not blind, paralyzed, bedridden, etc., as
committed any crime. recommended by a physician of the Bureau of
2. Conditional Pardon Corrections Hospital and certified under oath by
- It is conditional when it is granted by a physician designated by the Department of
the Chief Executive subject to the Health;
conditions imposed on the recipient g. Alien inmates where diplomatic considerations
and accepted by him. Usually, the and amity among nations necessitate review;
person granted with conditional and
pardon has served a portion (at least h. Such other similar or analogous circumstances
½ of the minimum of his whenever the interest of justice will be served
indeterminate sentence) of his thereby.”
sentence in prison.
Need for Publication
Basis of the Power ● “SECTION 10. Notice to the Offended Party Said
▪ Under Section 19, Article VII of the persons shall be given thirty (30) days from
Constitution, except in cases of notice to comment on whether or not executive
impeachment or as otherwise provided clemency may be granted to an inmate.
therein, the President may grant reprieves, ● “SECTION 11. Publication of Names of Those
commutations and pardons, and remit fines Being Considered for Executive Clemency
and forfeitures, after conviction by final
judgment. Executive clemency rests Requirement before the grant
exclusively within the sound discretion of the ● Pre-Executive Clemency Investigation Report
President, and is exercised with the objective (PECIR) and Community Interview (CI)
of preventing a miscarriage of justice or
correcting a manifest injustice. [1] Does the victim and/or his/her family have more or
less recovered from the offense; or the victim and
Extraordinary Circumstances his/her family has been able to re-establish a normal
a. The trial court or appellate court in life?
its decision recommended the grant [2] Has the offender attempted to seek
of executive clemency for the forgiveness or to reconcile with the victim/s and the
inmate; latter’s family?
b. Under the peculiar circumstances of [3] Has the offender offered to pay
the case, the penalty imposed is too indemnity to the victim and/or his/her family?
harsh compared to the crime [4] Even if released, does the victim and/or his/her
committed; family consider the offender a threat?
c. Evidence which the court failed to [5] Has there been a sincere attempt to seek forgiveness
consider, before conviction, which or to reconcile with the victim and/or his/her family?
would have justified an acquittal of [6] Will the grant of executive clemency aid the
the accused; individual's continuing rehabilitation?
d. Inmates who were over fifteen (15) [7] Does the offender have a serious, debilitating,
years but under eighteen (18) years and/or incurable disease/sickness which may be
of age at the time of the commission considered for humanitarian reasons?
of the offense; [8] Do you think the offender’s upbringing/history and
e. Inmates who are seventy (70) years social background make him/her vulnerable or
old and above whose continued susceptible to criminality?
imprisonment is inimical to their [9] Has the offender undergone intervention and
health as recommended by a rehabilitation programs of government, civil society and
physician of the Bureau of non-government organizations?
Corrections Hospital and certified [10] Has the victim and/or his/her family expressly
forgiven the offender?
[11] Does the offender still maintain a Pardon. A convict accepted the grant of a conditional
positive relationship with his/her family even pardon, which thus becomes a contract between him
if confined? and the Chief Executive. This has the effect of
[12] Will the grant of executive clemency suspending the enforcement of a sentence, or which
provide healing to the offender’s family? exempt the convict from serving the unexpired portion
of his prison penalty.
- For Conditional Pardon, an inmate should II. Requirements:
have served at least one half (1/2) of the 1. The violation usually consists of the commission of
maximum of the original indeterminate another offense
and/or definite prison term. 2. The prisoner must first be convicted by final
(As amended by Board Resolution No. 24-4- judgment of the other offense
10 dated April 13, 2010). 3. The violation or commission of another offense must
▪ “COMPLIANCE WITH THE ABOVE- be during the remaining period of the sentence. If the
MENTIONED PERIODS OF commission was after the lapse of the remaining
IMPRISONMENT SHALL BE WITHOUT unserved portion of his original penalty, he may be
PREJUDICE TO THE RESULTS OF required to continue serving his original penalty if the
PUBLICATION, COMMUNITY INTERVIEW, terms of the condition were such that the condition will
PRE-EXECUTIVE CLEMENCY INVESTIGATION continue even after the lapse of the unserved portion of
REPORT, INSTITUTIONAL CONDUCT, NBI his penalty.
RECORDS CHECK, PSYCHOLOGICAL TEST,
NOTICES, COMMENTS FROM THE III. The liability therefore of the accused consists of: (1)
VICTIM OR VICTIMS’ RELATIVES, COURT Prosecution for the new offense and (2) Prosecution for
CERTIFICATIONS OF THE NON-EXISTENCE OF Violation of Conditional pardon and (3) Administrative,
ANY RECORD OF PENDING APPEAL OR CASE, or to serve his sentence upon order of the President
AND OTHER PERTINENT DOCUMENTS AND (recommitment). This is independent of his criminal
FACTORS.” liabilities.

CERTIFICATE of Release – In case of grant of 1. Convict served 5 years of his 12 years sentence for
pardon, the Director or Warden shall, on the robbery. and then he accepted a conditional pardon. He
date of release: must comply
4. READ TO THE PRISONER THE CONDITIONS with the conditions or he should not commit any
OF PARDON IN THE LANGUAGE OR DIALECT offense during the 7-year period. If within the 7-year
KNOWN period he committed physical injuries, then the
TO HIM OR HER; consequences are as follows:
5. MAKE KNOWN TO THE PRISONER THE
CONSEQUENCES OF VIOLATING a) He will be prosecuted for Physical Injuries
SUCH CONDITIONS; AND b) If found guilty then he will be prosecuted for
6. REQUIRE THE PRISONER TO Violation of Conditional Pardon
ACKNOWLEDGE ACCEPTANCE OF c) The President may order him to serve his original
SUCH CONDITIONS AS A PRE-REQUISITE TO sentence. This is upon the discretion of the President.
ACTUAL RELEASE. “ONCE ACCEPTED, THE
DIRECTOR OR WARDEN SHALL ISSUE IN 2. If the physical injury was committed after the lapse of
FAVOR OF 7 years, the convict is not liable for Violation of
THE PRIOSNER A “CERTIFICATE OF Conditional Pardon. He will just be liable for the new
DISCHARGE FROM PRISON”, WHICH SHALL offense he committed. However, the President may, at
INCLUDE A RECITAL OF THE CONDITIONS OF his discretion, order that the convict go back to jail to
THE GRANT OF PARDON AND THE serve the remaining 7 years of his
CONSEQUENCES OF NON-COMPLIANCE original sentence, if so provided in the pardon.
THEREWITH, A COPY OF WHICH SHALL BE
FURNISHED THE BOARD.” LIMITATIONS OF THE PARDONING POWER OF THE
PRESIDENT
ART. 159 Revised Penal Code: Other Cases The following are the limitations of the pardoning
of Evasion of Service of Sentence power of the President:
▪ I. Concept: This is in truth Violation of 1) it may not be exercised for offenses in impeachment
Conditional cases;
2) it may be exercised only after conviction 2) Commutation of Sentence - It is a change of the
by final judgment; decision of the court made by the Chief Executive by
3) it may not be exercised over civil reducing the degree of the penalty inflicted upon the
contempt (as for refusing to answer a proper convict, or by decreasing the length of the
question as a witness in a case); imprisonment of the original sentence.
4) in case of violation of election law or rules
and regulations, no pardon, parole, or Specific cases where commutation is provided for by
suspension of sentence may be granted; the code:
5) cannot be exercised to violation of tax 1. When the convict sentenced to death is over 70
laws. years of age;
2. When ten justices of the Supreme Court failed
OTHER FORMS OF EXECUTIVE CLEMENCY to reach a decision for the affirmation of the
1) Amnesty - Is a general pardon extended to death penalty;
a group of persons generally exercised by the ● In other cases, the degree of the
Chief Executive with the concurrence of penalty is reduced from death to
congress. It is an act of sovereign power reclusion perpetua.
granting oblivion or general pardon for past ● In Commutation of Sentence consent of
offenses and rarely, if ever, exercised in favor the offender is not necessary. The
of a single individual is usually exerted on public welfare, not his consent,
behalf of certain classes of person who are determines what shall be done.
subjected to trial but not have been 3. Reprieve – the temporary stay of the execution of
convicted. sentence (applicable only to death sentence)
Note: Amnesty can be availed of before,
during and after the trial of the case, even
after conviction.

DIFFERENCES BETWEEN AMNESTY AND

PARDON
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.
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.
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.
As to the Consent of Congress: Pardon is
granted by the Chief Executive and such as a
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.