NON-

INSTITUTIONAL
CORRECTON
CORRECTION ADMINISTRATION 2
• Community-Based Treatment Programs -
those that are intended to treat criminal
offenders within the free community as
alternatives to imprisonment
• It includes all correctional activities directly
addressed to the offender and aimed at
helping him to become a law-abiding
citizen.
 Probation
A disposition under which an accused/defendant, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer. (Section 3, PD 968)
-derived from the latin word “probare” To test or to prove
“probatio” Testing period
By probation, a person convicted of a criminal
offense is not sent to prison by the sentencing court.
Instead, he/she is released and placed under the
supervision of a probation officer subject to the
conditions which the court may impose.
 PURPOSE OF PROBATION:

 Promote the correction and rehabilitation of an offender by

providing him with individualized treatment;
 Provide an opportunity for the reformation of a penitent offender
which might be less probable if he were to serve a prison
sentence; and
 Prevent the commission of offenses (section 2, presidential
decree no. 968)
 FORERUNNERS OF PROBATION:
 BENEFITS OF CLERGY - dating back to the reign of HENRY III in the 13th century. Church
people are exempted from governmental punishment but are prosecuted by the laws of the
church.
 JUDICIAL REPRIEVE - is a device of modifying the severity of the law, by temporary
suspension of the sentence.
 RECOGNIZANCE - this is an OLDER method of suspending or deferring judgment.
 BANISHMENT/TRANSPORTATION - this is a form of punishment that is done by indenturing
the convicts to penal colonies where they serve as slaves until they complete their service of
sentence.
FOUNDERS OF PROBATION:
 JOHN AUGUSTUS (Boston, Massachusetts)
 Father of Probation in America
 Coined the word Probation
 Born in Woburn, Massachusetts in 1785
 Owner of a successful boot-making business (Shoemaker)
 1829, he was a permanent resident of Boston
 1841, he attended police court to bail out a “common drunkard”
 Began an 18-year career as a volunteer probation officer
 1843, he broadened his efforts to children when he took responsibility who had been accused of
stealing.
 1858, he had provided bail for 1,946 men & women, young & old.
 Reportedly, only 10 of this number forfeited.
 Died on June 21, 1859
 MATTHEW DAVENPORT HILL (Birmingham,
England)
 Father of Probation in England
 English/British Lawyer & Penologist
 In 18th Century English barrister & Judge
 Reforms in the treatment of criminals were enacted into law in England
 As a young professional in England, Hill had witnessed the sentencing of youthful offenders.
 Eventually became the Recorder of Birmingham
 If offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous
guardians.
 Hill had police officers pay periodic visits to these guardians to track the offender’s progress
 TEODULO C. NATIVIDAD (Bulacan, Philippines)

 Father of Probation in the Philippines

 Co-sponsored House Bill No. 393 entitled “An Act Establishing Probation in the Philippines:
Providing Probation Officers Therefore & for Other Purposes.”
 The first Administrator of the PPA
 Drafted the PD 968
 NAPOLCOM Commissioner
 Congressman, Bulacan
 First Filipino Vice President of the United Nations Congress, Geneva Switzerland
 HISTORICAL BACKGROUND OF
PROBATION IN THE UNITED STATES
 At about 1870, FATHER COOK, also a Boston, became interested
in youth who were tried before in courts and whose cases were due
to circumstances rather than character.
 The first probation law was passed by the Legislature of
Massachusetts & signed into law by GOVERNOR ALEXANDER B.
RICE on April 26,1878.
 EDWARD N. SAVAGE, an EX-CHIEF of POLICE of BOSTON, was
named probation officer, thus becoming the first probation officer
employed by the government or the first paid probation officer.
 The Federal Probation Act of 1925 became law on March 04, 1925. It was signed
into law by PRESIDENT CALVIN COOLIDGE.
 HUBER LAW (1931) a UNITED States LAW in Wisconsin permitting prisoners
not so dangerous to society to be gainfully employed during the day while
residing in jail.
 FLASH SHEET – The Probation Officer shall notify all police agencies by
sending a note that the Probationer is under his supervision.
 SURSIS (1888-1891) - a unique probation method was introduced in France &
Belgium which provided probation with no supervision on the condition that no
further offense would be committed within a prescribed period.
BRIEF HISTORICAL BACKGROUND
OF PROBATION IN THE
PHILIPPINES
 PROBATION was first introduced in the Philippines during the American colonial period
(1898-1945) with the enactment of Act 4221 on August 7, 1935, by the Philippine
Legislature. -Commonwealth Act No. 4221, popularly known as the Philippine
Probation Act approved on August 7, 1935.
 This Law created a Probation Office under the Department of Justice.
 On Nov. 16, 1937, after two years of existence, the SC of the Philippines declared the
Probation Law unconstitutional because of some defects in the law’s procedural
framework.
 P.P. vs. Vera – The first probation law of 1935 became unconstitutional after 2 years.
 In 1972, House Bill No.393 intended to establish a probation system in the Philippines
was filed in Congress by Teudolo C. Natividad and Ramon Bagatsing.
 On July 24, 1976, P.D. 968, “Adult Probation Law of 1976”, was signed into law by the
President of the Philippines. (Ferdinand Marcos)
• The probation system started to operate on January 3, 1978
 Probation
A disposition under which an accused/defendant, after conviction
and sentence, is released subject to conditions imposed by the court and
to the supervision of a probation officer. (Section 3, PD 968)
-derived from the latin word “probare” To test or to prove “probatio”
Testing period
By probation, a person convicted of a criminal offense is not
sent to prison by the sentencing court. Instead, he/she is
released and placed under the supervision of a probation
officer subject to the conditions which the court may impose.
It is also 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 no disqualifications imposed by law.
 IS PROBATION A MATTER OF RIGHT?

No, it is a mere privilege for adult offenders.

However, under R.A. 9344 or Juvenile Justice and Welfare Act
of 2006, a Child In Conflict with the Law (CICL) is granted the
right to probation as an alternative to imprisonment if
qualified under the Probation Law.
 Who can file an application for Probation?
The application for probation shall be filed by a
sentenced or convicted offender whose sentence
is not more than 6 years imprisonment.

Where an application for probation shall be filed?

It shall be filed with the court that tried and
sentenced the offender.
 Will probation be automatically granted to one
whose sentence is six (6) years or less?
No, the applicant may be denied by the court if :
1. The offender would be better rehabilitated if
he/she is sent to prison to serve his/her
sentence.
2.If there is undue risk that the offender will
likely commit another crime;
3.Probation will depreciate the seriousness of
the offense committed
• Will probation be automatically granted to one
whose sentence is six (6) years or less?

Under Sec. 70 of R.A. 9165, the Comprehensive

Dangerous Drugs Act of 2002 -
The first-time minor offender who upon
promulgation of the sentence, the court may, in
its discretion, placed the accused under
probation, even if the sentence provided under
Sec. 11 of the Act is higher than that provided
under Probation Law.
….New added provision on probation!!
Is there a need to apply for probation to
avail of its benefits?

Yes, it will not be granted except upon the

application by the accused.
“The trial court may, after it shall have
convicted and sentenced a defendant and
upon application by said defendant within the
period of perfecting an appeal” – Sec 4
 When should an application for probation be filed?
The law says that the application should be made
within the period for perfecting an appeal or within 15
days from the promulgation of notice of judgment.

However, under Section 42 of R.A. 9344, the

Juvenile Justice and Welfare Act of 2006 –The
court may, after it shall have sentenced a Child In
Conflict with the Law and upon application at
anytime placed the child on probation in lieu
of service of his sentence.
….This is another added new provision in applying the probation law..
Is there a form prescribed for the application for
probation?
Yes, it shall be in the form approved be the Secretary
of justice as recommended by the Administrator or as
may be prescribed by the Supreme Court.

Where can we file the application for probation?

The application for probation be filed directly to the
trial court that heard and sentenced the person
applying for probation.
What then be the duty of the court after
receipt of the application?

The trial court may notify the concerned

prosecuting officer of the application at a
reasonable time before the scheduled
hearing thereof.
 What are the procedures in applying for Probation?
1. The offender or his counsel files a petition with the
convicting court
2. The court determines convict qualifications and notifies
the prosecutor of the filing of the petition
3. The prosecutor submits his comments on such application
within 10 days from receipt of the notification
4. If petitioner is qualified, his application is referred to the
probation officer for post-sentence investigation
5. The post-sentence investigation report (PSIR) is submitted
by the probation officer to the court within 60 days
6. The court grants or denies the petition for probation
within 15 days upon receipt of the PSIR.
 What are the effects of filing an
application for Probation?
1. The court may, upon receipt of the
application suspend the execution of sentence
imposed in the judgment;
2. Pending the submission of the PSIR and the
resolution on the application, the applicant
may be allowed on temporary liberty under his
bail, on a new bail, or released on
recognizance
HOW MANY TIMES CAN ONE BE
GRANTED PROBATION?

ONLY ONCE!!
 Who cannot be granted Probation? (PD No. 968 as
amended by RA NO. 10707)
1. Those sentenced to serve a maximum term of imprisonment of more
than 6 years.
2. Those convicted of any crime against the national security.
3. Those who have been previously convicted by final judgment of an
offense punished by imprisonment of more than 6 months and 1 day
and/or a fine of more than one thousand pesos.
4. Those who have once granted probation.
5. Those who already serving sentence at the time the substantive
provisions of this Decree became applicable according to Section 33
hereof
When Probation is granted, what conditions are
imposed by the court?

a. The probationer must present himself to his

probation officer within 72 hours
b. Report to his probation officer at least once a
month
c. Not to commit another crime
d. Comply with any other lawful conditions imposed
by the court.
If the probationer committed a crime while under
probation, what would be the consequences?

a. The probationer will be arrested for violation of the

condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original
sentence of the previous offense
 How long is the period of probation?

a. Not more than 2 years if the sentence is

imprisonment for 1 year or less
b. Not more than 6 years if the sentence is
imprisonment for more than 1 year but not more than
6 years.

Note: Probation starts upon issuance of the court

granting probation.
 Can the offender be released pending
application for probation?

a. On the same bond he filed during trial

b. On a new bond
c. To the custody of a responsible member of
the community if unable to file bond
(recognizance)
 When can the Court Modify the Conditions for
Probation?
at any time during supervision
after summary hearing when the probationer
violated any of its conditions
upon application by the probation officer or the
probationer himself
Note: only the judge who heard and decided the case has
the power to grant, deny, modify, revoke and terminate
probation.
 What are the Rules on Outside Travels?
 Probation officer authorized the probationer to
travel outside the area of the operation for a
period of 10 days but not exceeding 30 days.
 If 30 days, Probation must file 5 days before
travel a request to travel outside for the approval
of Probation authorities.
 If more than 30 days, Probation Authorities shall
recommend for Court Approval.
 What are the Rules on Change of
Residence?

The probationer must file a request for

change of residence at the city or provincial
Parole and
Probation officer to the court approval.
If approved, the RTC which has jurisdiction
over the place shall have full control of the
probationer.
 Who is a volunteer Probation Aide?
 A citizen of good repute and integrity
 At least 18 years of age
 Appointed by the probation administration
 Assist the Probation Officers and Asst. Probation Officers in the investigation and supervision
 Not entitled to salary but is given reasonable travel allowance
 They shall hold office for two (2)-year terms which may be renewed or recalled anytime for a just
cause.
 10 probationers on the minimum case.
 3 probationers on the maximum case.
 When is Probation terminated?

After the probationer has satisfactorily

completed the probation period, the
Probation Officer shall submit termination
report to the court containing the ff:
a. condition of probation
b. program of supervision /response to
treatment
 What are the ways of terminating probation?
1. After period of probation with satisfactory compliance
with conditions of probation.
2. Other ways of terminating probation
2a. termination before the expiration of the period
(served at least 1/3 of the imposed but not less than
6 months)
2b. termination by pardon of the probationer
2c. Deportation of the probationer – when an alien on
probation is deported, probation will necessary be
terminated.
2d. Death of probationer.
 What are the rights restored after
termination of Probation?

All civil rights suspended when the offended

was convicted and sentenced are restored
after the termination of probation
Liability to pay a fine is also discharged in
case of subsidiary imprisonment.
 How Can Probation help in the
Prevention of Crime?
When in the community, he is helped and
given opportunities to be productive and
responsible instead of going to prison
Hopefully, these situations restrain the
probationer from committing crime
 How can Community help in the Success
of Probation?
1. Community accepting the probationers,
giving them a feeling of belongingness
2. Community agencies and schools are being
open for the training and treatment of
probationers
3. Community leaders and layman allowing the
participation of probationers in developmental
programs
PROBATION TERMINOLOGIES
 Amicus Curiae - means a “friend of the court” (A Parole
and Probation Administration (PPA) official
 Probation - disposition under which a defendant after
conviction and sentence, is released subject to
conditions imposed by the court and to the supervision
of a probation officer.
 Probationer - is a person who is placed under probation.
 Petitioner - a convicted defendant who files a formal
application for probation.
 Probation aides - are citizens of good standing in the
community who volunteer to assist
 Probation Office - refers either to the Provincial or City
Probation Office directed to conduct investigation or
supervision referrals as the case may be.
 Probation Officer - a public officer who investigates for
the Trial Court a referral for probation supervises a
probationer or does both.
 Probation Order - refers to the order of the Trial Court
granting probation.
 Post-sentence Investigation – This is the vehicle used to find
out the petitioner’s legal qualifications and his suitability for
probation. It is also used in establishing the diagnosis for his
favorable response to the community-based and
individualized correction program.
 Absconding Probationer – a person whose probation is
granted but failed to report for supervision within the period
ordered by the court of his location is unknown.
 Absconding Petitioner – a person whose application has
been given due course by the court but fails to report to the
probation officer that his location cannot be located.
 GUIDELINES FOR POST-SENTENCE
INVESTIGATION

• The PSI gathers information on the petitioner’s personality, character,

antecedents, environment, and other relevant information, including
community resources that shall be utilized in the rehabilitation of the client.
The basic tools used in PSI are interviews, record checks, psychological
evaluations, and drug tests. All information gathered is written in the PPA
Form 3 or Post-Sentence Investigation Report (PSIR) and submitted to the
court for disposition.
The Post-Sentence Investigation is short of Birth Records
a complete background check of the Citizenship status
offender. This is a complete inquiry or
investigation into all important aspects of an Education
offender’s life history. This includes: Employment
Military Service
Agency Check, Local Agency Check, Police Service
National Agency Check
Credit Records
Agency check- previous job(bio data) Foreign Travel
Local agency check- police clearance, Organizations
barangay etc.

National agency check- NBI, Birth record, Neighbourhood Check
etc. Character Reference
Alien- illegal foreigner The “family tree” of petitioner
 THE FORM OF
INVESTIGATION REPORT
The word form as stated means the model of the instrument or legal
proceeding, containing the substance and the principal terms, to be
used under the law.

The following are the Probation Forms Prescribed by the Probation

Administration.
1.Probation Form 1 – a worksheet that serves as a basis for further
investigation of the petitioner. (Information)
2. Probation Form No. 2 – waiver authorizing the Probation
Administration to secure any and all pertinent documents and
information. (Ex. Warrant of arrest)
3. Probation Form No. 3 – the Post-Sentence Investigation Report
4. Probation Form No. 4- Statement under oath signed by the
petitioner that he understands the conditions of his probation
and that he undertakes to comply with said conditions. (Affix
signature as acknowledgment)
5. Probation Form No. 5-The Monthly Written Report submitted
by the Probation Officer within the first ten (10) days of each
month on the status and progress of all probationers under his
charge to the Regional Probation Officer concerned.
6. Probation Form No. 6 – the Periodic Report to be submitted
by the Regional Probation Officer to Probation Administration.
7. Probation Form No. 7 – Request form for Outside
Travel of Probationer (Travel, 5 days before the
intended travel)
8. Probation Form No. 8 – the Violation Report of the
probationer. (Absconding probationer)
9. Probation Form No. 9- Final report for closing and
termination of Probation Case.
10. Other forms as may be prescribed by the
Probation Administration.
CONFIDENTIALITY OF POST-SENTENCE INVESTIGATION INFORMATION
- the investigating Probation and Parole Officer on the case shall inform the
applicant of the confidential nature of the information taken during the PSI and
the limited scope and extent, whereby said information, may be disclosed only to
some statutory designated authorities and entities.

SUBMISSION OF PSI REPORT

After the completion of the PSIR, the Probation Office shall submit such PSIR
to the Trial Court.
Not later than 60 days submission of probation officer of PSIR to court
Not later than 15 days after receipt of report the court shall resolve the
application for probation.
PURPOSE OF PSIR
It aims to enable the Trial Court to determine whether or not the ends of justice
and the best interest of the public primarily, as well as that of the applicant, would
be served by the grant or denial of the application.

Section 5. Post-sentence Investigation. No person shall be placed on probation
except upon prior investigation by the probation officer and a determination by
the court that the ends of justice and the best interest of the public as well as that
of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted
by the probation officer under Section 5 hereof shall be in the form prescribed by
the Probation Administrator and approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation
officer shall submit to the court the investigation report on a defendant not
later than sixty days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation not later than
five days after receipt of said report.

Pending submission of the investigation report and the resolution of the

petition, the defendant may be allowed temporary liberty under his bail filed
in the criminal case; Provided, That, in case where no bail was filed or that
the defendant is incapable of filing one, the court may allow the release of
the defendant on recognize the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the
court.
THE PAROLE SYSTEM
 History of Parole

PAROLE
- has a French origin of "Parole D' Honneur" which
means word of honor.
 History of Parole

MIRABEAU- is a French stateman

suggested the functions of parole into the
court before his death in 1791.
 History of Parole

Capt. Alexander
Maconochie who started
parole under the concept of Mark
System, and as a result he was
removed as warden at Norfolk
Island Australia.
 History of Parole
Sir Walter Crofton- who
continued the vision of Maconochie
in the form of Irish Ticket-of-Leave,
where offenders could earn their
early release by progression through
a series of stages. It was considered
as the first form of parole.
 History of Parole
Supt. Zebulon Brockway- one
of the warden in Elmira Reformatory
where parole was first introduce in 1876.
United States - use parole in 1846 as a
type of conditional release, but it was not
popularized.
Massachusetts- the first state to
officially establish parole service
 Parole System in the Philippines

Act No. 4103, as amended, otherwise known as the "Indeterminate

Sentence Law” which was approved on December 5, 1933.This law
created the Board of Pardons and Parole (BPP).

The law was subsequently amended by Act. No 4225 and further amended
by RA 4203 . Lately , other changes in the law was introduce by E.O. 292
otherwise refered as Administrative Code 1987.
 Parole System in the Philippines
November 23, 1989- Executive Order No. 292, otherwise
known as "The Administrative Code of 1987" was promulgated.
Under this law, the Probation Administration was renamed Parole
and Probation Administration(PPA) and given the following
added functions:
a. to administer the probation and parole system
b. to exercise general supervision over all probationers, parolees
and conditional pardonees .
c. to promote the correction and rehabilitation of offenders.
 WHAT IS PAROLE?

It is the conditional release of a prisoner from

prison after serving the minimum period of his
indeterminate sentence.
 What is the difference between determinate
sentence with an indeterminate sentence?

Under determinate sentencing, the criminal must

serve the entire sentence. The date of release
remains objective.
Under indeterminate sentences, a criminal will
serve a range of years as determined by the
judge. The minimum time period is usually set
and after the minimum sentence passes, the
case will go before a parole board which sets
the actual date of release.
 WHO MAY GRANT PAROLE TO
A PRISONER?

The Board of Pardons and Parole (BPP), an

agency under the Department of Justice.
 Board of Pardons and Parole (BPP)
The Board of Parole should be vested by law wide latitude of
powers, which include the following:
1.To set terms of parole.
2.To decide who shall be released on parole from among all
inmates eligible.
3.To determine the date of release.
4.To decide revocation of actions.
5.To administer the agency responsible for parole
supervision sometimes.
 WHO CANNOT BE GRANTED
PAROLE?

Generally, those sentenced to

a term of imprisonment of one (1)
year or less, or to a straight penalty,
or to a prison sentence without a
minimum term of imprisonment.
 WHEN MAY A PRISONER BE GRANTED
PAROLE?

The Board may grant a prisoner parole based on

reports regarding prisoner’s work and conduct and
on the study and investigation by the Board itself and
it finds the following circumstances are present:
a.That the prisoner is fitted by his training for release;
b.That there is a reasonable probability that, if released, he
will live and remain at liberty without violating the law;
and
c. That his release will not be incompatible with the welfare
of society.
 WHO MAY BE QUALIFIED FOR
PAROLE?

A prisoner shall be eligible for the grant of parole upon showing that :
1. He is confined in a jail or prison to serve an indeterminate prison sentence, the
maximum period of which exceeds one year, pursuant to a final judgment of
conviction
2. He has served the minimum period of said sentence less the Good Conduct
Time Allowances (GCTA) earned.
3. There is a reasonable probability that if released, he will be law-abiding
4. His release will not be incompatible with the interests and welfare of society.
 Factors to be Considered in Review of Parole Cases
The following may be considered by the Board in its review of a parole case:
a. The degree of prisoner’s rehabilitation and his institutional behavior or
conduct;
b. Previous criminal record, if any, and risk to other persons, including the
victim and witnesses and their family and friends, or the community in
general, or the possibility of retaliation by the victim, his family and
friends;
c. The gravity of the offense and the manner in which it was committed,
and prisoner’s attitude towards the offense and his degree of remorse;
d. Evidence that the prisoner will be legitimately employed upon release, or
has a place where he will reside; and
e. The age of the prisoner and the availability of after-care services for the
prisoner who is old, seriously ill or suffering from a physical disability
 What are the disqualifications for the Grant of Parole?
1. Those convicted of an offense punished with Death Penalty, Reclusion
Perpetua or Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or
espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup
d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who, within a period of ten
(10) years from the date of release from prison or last conviction of the
crimes of serious or less serious physical injuries, robbery, theft, estafa
and falsification, are found guilty of any of said crimes a third time or
oftener;
 What are the disqualifications for the Grant of Parole?

6. Those who escaped from confinement or evaded sentence;

7. Those who were granted Conditional Pardon and violated any of the terms
thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) yr or
those with definite sentence;
9. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s.
 How does Parole being process?:
1. 30 days before the expiration of minimum sentence, the
Director of Prisons will forward the inmates personal
information including the mittimus/ commitment order
(carpeta) to the Board Of Pardons And Parole (BPP).
2. Upon expiration of minimum sentence, the inmate will
file a formal petition to the board address to the Chairman
of the BPP together with his other pertinent requirements
such as personal information, previous criminal record if
any, present crime that he is convicted of, jail where he
was committed, and date when he was receive for
confinement (its either through his family, relative, or legal
representative).
 How does Parole being process?:
3. Then the BPP, will check the qualifications
and decide if the petitioner is qualified or not
4. If disqualified, he will remain in prison and
serve his remaining term of sentence up to its
maximum period.
5. If qualified, the BPP will provide a referral
and will be forwarded to the Parole and
Probation Administration (PPA) to conduct
Pre-parole Investigation (PPI).
 How does Parole being process?:
6. The parole officer will conduct a pre-parole
investigation within 60 days period and will make PPIR
(Pre-Parole Investigation Report) and forward it to
the BPP.
7. Upon the receipt of the PPIR, the members of the
board will set an En Banc reviewing the report of the
parole officer and make a decision of the petition through
voting.
8. If granted, a release document will be issue and the
petitioner will be refer as PAROLEE and will be under the
supervision of a PAROLE OFFICER.
 What is Parole Supervision?

• A supervision made after release of a

client from confinement, placed under
the supervision of a Parole Officer .
• The period of parole supervision shall
extend up to the expiration of the
maximum sentence .
 Presentation of probation and
Parole officer
Within the period prescribed in his Release
Document, the parolee shall present himself
to the Probation and Parole Officer specified
in the Release Document for supervision.
If parolee fails to report within FIFTEEN (15)
days from the date of his release from
confinement, the Probation and Parole
Officer shall inform the Board of such failure
for the Board’s appropriate action.
 REPORTS
The Probation And Parole Officer shall submit the following to
the board:
a. A Progress Report on the conduct of the parolee while
under supervision;
b. A STATUS REPORT WHEN A PAROLEE COMMITS ANOTHER
OFFENSE DURING THE PERIOD OF HIS PAROLE SUPERVISIONAND
THE CASE FILED AGAINST HIM IS NOT YET DECIDED BY THECOURTS;
c. An Infraction Report when the parolee has been
subsequently convicted of another crime;
d. A Violation Report when a parolee commits any violation of the
terms and conditions appearing in his Release Document or any
serious deviation or non-observance of the obligations set forth in the
parole supervision program.
Summary Report
After the expiration of the maximum sentence of a parolee, the
Probation and Parole Officer concerned shall submit to the Board, through
the Chief Probation and Parole Officer, a Summary Report on his
supervision of a parolee. The clearances from the police, court, prosecutor’s
office and barangay officials shall be attached to the Summary Report.
Arrival Report
WHEN PAROLEE REPORTS FOR SUPERVISION, the Probation
and Parole Officer concerned shall IMMEDIATELY inform the Board,
through the Technical Services of the Parole and Probation Administration,
of such fact BY SUBMITTING THE NECESSARY
ARRIVALREPORT.
 Transfer of residence

A parolee may not transfer from the

place of residence designated in his
Release Document without the prior
written approval of EITHER the
Regional Director or The
Administrator, subject to the
confirmation of the Board.
 Outside travel
•A Chief Probation and Parole
Officer may authorize a parolee to travel
outside his area of operational jurisdiction
for a period of not more than thirty (30)
days.
• A travel for more than thirty (30) days
shall be approved by the Regional
Director.
 Travel abroad and/or work abroad

Any parolee under active supervision/surveillance

who has no pending criminal case in any court may
apply for overseas work or travel abroad. However,
such application fortravel abroad shall be approved by
the Parole and Probation Administrator and confirmed
by the Board.
 Death of Parolee
• If a parolee dies during parole supervision,
the Probation and Parole Officer shall
immediately transmit a certified true copy of
the parolee’s death certificate to the Board closing
of the case. However, in the absence of
a death certificate, an affidavit narrating the
circumstances of the fact of death from the
barangay chairman or any authorized officer or
any immediate relative where the parolee resided,
shall suffice.
 Certificate of Final Release and Discharge

Upon receipt of the Summary Report,

the Board shall, upon the recommendation
of the Chief Probation and Parole Officer
that the parolee has substantially complied
with all the conditions of his Release
Document, issue to the parolee a
Certificate Of Final Release And
Discharge.
Effect of Certificate of Final Release and
Discharge

Upon the issuance of a Certificate of Final

Release and Discharge, the parolee shall be finally
released and discharged from the conditions
appearing in his release document. However,
the accessory penalties of the law which have not
been expressly remitted therein shall subsist.
 Transmittal of Certificate of Final
Release and Discharge

The Board shall forward a certified true copy of

the Certificate of Final Release and Discharge
to the parolee, the Court which imposed
the sentence, the Probation and Parole
Officer concerned, THROUGH THETECHNICAL
SERVICE, the Bureau of Corrections, the
National Bureau of investigation, the Philippine
National Police and the Office of the President.
THE ROLES OF KEY
STAKEHOLDERS
In the Philippines, the parole process involves multiple stakeholders
working collaboratively to ensure effective supervision, rehabilitation,
and reintegration of parolees into society. Here are the roles of key
stakeholders:

1.Parole Officers- Parole officers play a crucial role in

overseeing the transition of parolees from incarceration to society.
Roles and Responsibilities:
a. Monitoring Compliance: Ensure parolees adhere to the conditions
set by the Board of Pardons and Parole (BPP), such as reporting
schedules, curfews, or employment requirements.

b. Rehabilitation Support: Facilitate access to community-based

programs like skills training, mental health counseling, or drug
rehabilitation.
c. Risk Assessment: Evaluate parolees’ behavior and risk
factors to adjust supervision levels or recommend
interventions.

d. Reporting Violations: Document and report violations

to the BPP for appropriate action, which may include
revocation of parole.

e. Collaborative Efforts: Work with community service

providers and law enforcement agencies to deliver holistic
supervision. Engage in regular communication with victims
or complainants to address their concerns.
2. Victims/Complainants- Victims or
complainants have a significant voice in the
parole process, particularly in restorative justice
practices.
Roles and Responsibilities:
a. Providing Input: Share their concerns or
recommendations regarding the parolee's release
and conditions to ensure their safety.
b. Restorative Justice Participation: Engage in
dialogue or reconciliation programs with parolees,
promoting accountability and healing.
c. Monitoring Outcomes: Work with
parole officers to ensure compliance with
conditions, particularly if protective orders
or restitution are involved.
d. Collaborative Efforts: Collaborate
with parole officers and the BPP to ensure
their safety concerns are addressed while
supporting the parolee’s rehabilitation.
3. Other Stakeholders
Several other stakeholders contribute to the success of the
parole process:
a.Community-Based Organizations and Social Services
Roles: Provide essential services like housing, employment
opportunities, counseling, and educational programs.
Collaboration: Work with parole officers to create personalized
rehabilitation plans for parolees.
b. Law Enforcement Agencies
Roles: Assist in monitoring parolees, responding to violations, and
ensuring community safety.
Collaboration: Share information with parole officers to track
parolees’ movements and prevent recidivism.
c. Board of Pardons and Parole (BPP)
Roles: Make decisions on granting or revoking parole and
setting specific conditions for parolees.
Collaboration: Partner with parole officers and other
agencies to implement and oversee parole programs
effectively.
d. Families of Parolees
Roles: Provide emotional and logistical support to help
parolees reintegrate.
Collaboration: Partner with parole officers to monitor
behavior and encourage compliance with conditions.
 Promoting Collaboration for Effective Supervision, Early
Discharge, and Release
Integrated Rehabilitation Programs: Foster partnerships among
government agencies, non-governmental organizations, and private institutions
to support parolees’ reintegration.
Victim-Offender Dialogue: Implement restorative justice practices to
address victims’ concerns while promoting accountability among parolees.
Capacity-Building for Parole Officers: Train officers in counseling, conflict
resolution, and case management to better support parolees and engage
stakeholders.
Data Sharing: Establish systems for real-time communication and information
sharing among parole officers, law enforcement, and community organizations.
Community Engagement: Encourage community participation to reduce
stigma against parolees and create a supportive environment for their
reintegration. By fostering collaboration among these stakeholders, the
Philippine parole system can achieve its goals of reducing recidivism, ensuring
public safety, and promoting the successful reintegration of parolees.
 What composed of the BPP?

Chairman - Secretary of the DOJ

Ex-Officio - Probation Administrator of the Parole
and Probation Administration
Members: Sociologist, Clergyman/Educator,
Psychiatrist, Person qualified for the work by
training/experience and a member of the
Philippine BAR.
PROBATION IMPRIS PAROLE
ONME
NT
• It is a community-based • It • Transitionary community based
approach adop approach.
ts
• It is an alternative to the • It is a conditional release of
imprisonment. Instead of instit a prisoner whereby he is placed
being confined in prison, the u- under the supervision of a
probationer is released to the tiona Parole Officer after serving his
community by the court with lized minimum sentence.
conditions to follow and is appr
placed under the supervision oach
of Probation Officer. . • It is an administrative
function.
• It is a judicial function.
• It is administered by the BPP.
• It is handled by the Probation • It may be granted more than
Administration now PPA once, depending on good
behavior during imprisonment.
• It is enjoyed only ONCE.
• It is more beneficent because
it restores full civil rights to
 EXECUTIVE
CLEMENCIES
 EXECUTIVE CLEMENCIES
• It is an act of mercy or leniency from certain consequences of a criminal
conviction, and is exercised by the President after receipt of a recommendation
from the BPP.
• Executive Clemency under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted individual. In the
United States, clemency is granted by a governor for state crimes and by a
president for federal crimes.
• Clemency can take one of four forms: a reprieve, a commutation of sentence, a
pardon and amnesty.
• It shall refer to Absolute Pardon, Conditional Pardon with or without Parole
conditions and Commutation of Sentence as may be granted by the President
of the Philippines upon the recommendation of the Board of Pardon and Parole.
 WHO WILL GRANT EXECUTIVE
CLEMECY?

• It is exercise by the President.

• Upon the recommendation of the Board of Pardons and
Parole, s/he can grant pardons, commute sentences, or
defer the implementation of sentences.
 WHY IT IS EXTENDED
In general, Executive Clemency is often extended for humanitarian
reasons, such as to an aged and ill inmate who needs specialized medical
care. Inmates who suffer from serious, contagious, or life-threatening
illness or disease and those prisoners with severe disability can now be
recommended for executive clemency.
The condition of the inmate should be certified “under oath” by a
physician of the Bureau of Corrections Hospital and likewise certified under
oath by a physician designated by the Department of Health (DOH).
It is also extended in the following instances:
a. When there is real doubt about the guilt of the party
b. When the sentence given is apparently excessive
c. When the party is a political or personal friend of the President.
d. To clear the record of some who has demonstrated rehabilitation or
public service.
 Consideration of Cases for
Executive Clemency
• The Board may consider cases for
executive clemency upon petition, or
referral by the Office of the
President, or motu propio.
 FACTORS TO BE CONSIDERED IN PETITION FOR
CONDITIONAL PARDON, COMMUTATION OF
SENTENCE OR PAROLE
1.The age of the petitioner, the gravity of the offense and the manner
in which it was committed, and the institutional behavior or conduct
and previous criminal record, if any;
2.Evidence that petitioner will be legitimately employed upon release;
3.A showing that the petitioner has a place where he will reside;
4.Availability of after-care services for the petitioner who is old,
seriously ill or suffering from a physical disability;
5.Attitude towards the offense and the degree of remorse; and,
6.The risk to other persons, including the victim, his witnesses,
his family and friends, or the community in general, the possibility
of retaliation by the victim, his family and friends
 SPECIAL CONSIDERATION TO THE RECOMMENDATION FOR
COMMUTATION OF SENTENCE OR CONDITIONAL PARDON

1.Youthful offenders;
2.Prisoners who are sixty (60) years old and above;
3.Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities;
4.Serious illness and other life-threatening disease as certified by a government
physician;
5.Those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
6.Alien prisoners where diplomatic considerations and amity between nations
necessitate review;
7.Circumstances which show that his continued imprisonment will be inhuman or will
pose a grave danger to the life of the prisoner or his co-inmates; and,
8.Such other similar or analogous circumstances whenever the interest of justice will
be served thereby.
 FILING OF PETITION
• A formal petition for executive clemency shall be submitted to the
Board before the question of said clemency will be considered.
• Petitions for parole shall be addressed to the Chairman or to the
Executive Director of the Board.
• However, the Board may, motu proprio, consider cases for parole,
commutation of sentence or conditional pardon of deserving
prisoners whenever the interest of justice will be served thereby.
• Note: A petition for absolute pardon shall be under oath and shall
include the date the petitioner was released from prison after
service of sentence or released on parole/pardon or terminated
from probation.
 FORM AND CONTENTS OF
PETITION
When a petition is filed by, or on behalf
of, aprisoner, the form of said petition
shall substantially comply with the form
prescribed by the Board and shall clearly show the
following:
a. The prisoner’s biographic data;
b. The details of conviction; and
c. The grounds upon which executive clemency is
sought.
 REFERRAL OF PETITION FOR EXECUTIVE
CLEMENCY/
PAROLE TO OTHER GOVERNMENT AGENCIES
a.Secretary of National Defense- if the
crime committed by the petitioner is against
national security or public order or law of
nations.
b.Commission on Elections - in case of
violation of election laws, rules and regulations.
c.Department of Foreign Affairs - in case of
an alien
 PRISONERS NOT ELIGIBLE FOR
EXECUTIVE CLEMENCY

• Prisoners who escaped or evaded service

of sentence are not eligible for executive
clemency for a period of one (1) year from
the date of their last recommitment to
prison or conviction for evasion of service
of sentence.
 TRANSMITTAL OF CARPETA AND
PRISON RECORD
In executive clemency/parole cases, the Director or
Warden concerned shall forward the prison record and
carpeta of a petitioner at least one (1) month prior to
the eligibility for review as specified in Sections 10 and 13
of these Rules. The Director or Warden concerned shall
also furnish the Board and the Administration on or before
the fifth day of every month, a list of prisoners whose
minimum sentences will expire within ninety (90) days
and those who may be considered for executive
clemency.
Amended Guidelines for
Recommending Executive
Clemency
 Extraordinary Circumstances
The Board shall recommend to the President the grant of executive
clemency when any of the following extraordinary circumstances are
present:
1.The trial court or appellate court in its decision
recommended the grant of executive clemency for the
inmate;
2.Under the peculiar circumstances of the case, the
penalty imposed is too harsh compared to the crime
committed;
3.Evidence which the court failed to consider, before
conviction which would have justified an acquittal of the
accused;
 Extraordinary Circumstances
4. Inmates who were over fifteen (15) years but
under eighteen (18) years of age at the time of
the commission of the offense;
5.Inmates who are seventy (70) years old
and above whose continued imprisonment is
inimical to their health as recommended by a
physician of the Bureau of Corrections Hospital
and certified under oath by a physician
designated by the Department of Health;
 Extraordinary Circumstances
6.Inmates who suffer from serious, contagious or
life-threatening illness disease, or with severe
physical disability such as those who are totally blind,
paralyzed, bedridden, etc., as recommended by a
physician of the Bureau of Corrections Hospital and
certified under oath by a physician designated by the
Department of Health;
7.Alien inmates where diplomatic considerations and
amity among nations necessitate review; and
8.Such other similar or analogous circumstances
whenever the interest of justice will be served thereby.
 Other circumstances
When none of the extraordinary circumstances exist, the Board
may nonetheless review and/or recommend to the President the
grant of executive clemency to an inmate provided the inmate
meets the following minimum requirements of imprisonment:
For Conditional Pardon, an inmate should have served at least
one-half of the maximum of the original indeterminate and/or
definite prison term."
For Commutation of Sentence, the inmate should have served:
1.at least one-third (1/3) of the definite or aggregate prison terms;
2. at least one-half (1/2) of the minimum of the indeterminate
prison term or aggregate minimum of the indeterminate prison
terms;
3.at least ten (10) years for inmates sentenced to one (1)
reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punished under Republic Act No. 7659
and other special laws;
4. at least thirteen (13) years for inmates whose
indeterminate and/or definite prison terms were adjusted to a
definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code as
amended;
5. at least fifteen (15) years for inmates convicted of heinous
crimes/offenses as defined in Republic Act No. 7659 or other
special laws, committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1) life
imprisonment;
6. at least eighteen (18) years for inmates convicted and sentenced
to reclusion perpetua or life imprisonment for violation of Republic
Act No. 6425, as amended, otherwise known as "The Dangerous
Drugs Act of 1972" or Republic Act No. 9165 also known as "The
Comprehensive Dangerous Drugs Act of 2002", and for kidnapping
for ransom or violation of the laws on terrorism, plunder and
transnational crimes;
7. at least twenty (20) years for inmates sentenced to two (2) or
more reclusion perpetua or life imprisonment even if their sentences
were adjusted to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal
Code, as amended
8. at least twenty-five (25) years for inmates originally sentenced to
death penalty but which was automatically reduced or commuted to
reclusion perpetua or life imprisonment.
 GUIDELINES AFTER
GRANT OF EXECUTIVE
CLEMENCY
Section 20. Implementation of President’s Grant of
Executive Clemency
From the office of the president, the
document evidencing the president’s grant of
executive clemency shall be sent to the prisoner,
through the director of the bureau of corrections or
the warden of the jail where the prisoner is confined,
copy furnished the board. Upon receipt, the director
or warden shall immediately implement the grant of
executive clemency.(as amended by Board
Resolution No. OT-11-02-12 dated Feb. 09,2012)
Section 21. Certificate of Release – In case of grant of pardon, the
director or warden shall, on date of release:
1. Read to the prisoner the conditions of pardon in the language or dialect known to him
or her;
2. Make known to the prisoner the consequences of violating such conditions;
and
3. Require the prisoner to acknowledge acceptance of such conditions as a pre-
requisite to actual release. Once accepted, the director or warden shall issue in favor of
the prisoner a ‘certificate of discharge from prison’, which shall include a recital
of the conditions of the grant of pardon and the consequences of non-
compliance therewith, a copy of which shall be furnished the board.
 PARDON
• An act of executive clemency by a head of state for
the purpose of exempting an individual from the
punishment imposes upon him by a court of law.
• It is an act of grace and the recipient is not
entitled to it as a matter of right.
 TWO TYPES OF PARDON
Absolute Pardon
It is an absolute pardon when it is granted by the Chief Executive
without any conditions attached.
Absolute pardon serves to wipe away the guilt of a pardonee and makes
him innocent as if he has not committed any crime.
Conditional Pardon
It is conditional when it is granted by the Chief Executive subject to the
conditions
imposed on the recipient and accepted by him.
Usually, the person granted with conditional pardon has served a portion
(at least ½ of the minimum of his indeterminate sentence) of his sentence
in prison.
Limitations of the Pardoning Power of the President

• It may not be exercised for offenses in impeachment

cases;
• It may be exercised only after conviction by final
judgment;
• It may not be exercised over civil contempt (as for
refusing to answer a proper question as a witness in a
case);
• In case of violation of election law or rules and
regulations, no pardon, parole, or suspension of
sentence maybe granted;
• It cannot be exercised to violation of tax laws.
OTHER FORMS OF
EXECUTIVE
CLEMENCY
 Amnesty
Is a general pardon extended to a group of persons generally
exercised by the Chief Executive with the concurrence of
congress.

It is an act of sovereign power granting oblivion or general

pardon for past offense and rarely, if ever, exercised in favor of
single individual is usually exerted in behalf of certain classes of
person who are subjected to trial but not have been convicted.

Note: Amnesty can be availed of before, during and after the

trial of the case, even after conviction.
 DISTINCTION
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.
DIFFERENCE AS PARDON AMNESTY
TO:
Time to Avail Exercised when the person is Maybe given before trial or
already convicted. investigation is done.

Consent of Does not need the concurrence of Requires the concurrence of the
Congress the congress. congress.

Effect An act of forgiveness, i.e. it an act of forgetfulness. i.e. it puts into

relieves the offender from the nothingness the offense of which one
consequences of the offense. is charged so that the person as if he
had never committed the offense.

Crime committed granted for infractions of the for crimes against sovereignty of the
peace of the State state (ex. political offense)

Who may avail Granted to individuals Granted to classes of persons or

community.
Action of applicant Must be accepted Need not be accepted.
 COMMUNTATION OF SENTENCE

It is a change of the decision of the court made by

the Chief Executive by reducing the degree of the
penalty inflicted upon the convict, or by decreasing
the length of the imprisonment of the original
sentence.
 What specific cases commutation
maybe granted?

1. When the convict sentenced to death is over 70 years of age;

2. When justices of the Supreme Court
failed to reach a decision for the affirmation of the death
penalty;
In other cases, the degree of the penalty is reduced from Death to
Reclusion Perpetua

Note: In Commutation of Sentence, consent of the offender is not

necessary. The public welfare, not his consent, determines what
shall be done.
 REPRIEVE

REPRIEVE is the temporary stay of the execution of

sentence.
• It is given to suspend the execution of a sentence in
order to give the prisoner time to find ways to have it
reduced. With respect to capital cases, a reprieve is
given to suspend the execution of the death penalty
for a period of time to consider whether or not it
should be imposed.
 PURPOSE OF REPREIVE

The purpose of the reprieve is generally to allow

an investigation into the legality of the conviction or
into alleged newly discovered evidence in favor of the
convicted person. A reprieve delays an execution but,
unlike a pardon or a commuted sentence, does not
negate a sentence unless the reinvestigation shows that
the prisoner has been unjustly tried or sentenced.
Good Conduct Time Allowance (GCTA)

GCTA is a provision under Philippine law that allows

for the reduction of prison sentences for Persons
Deprived of Liberty (PDLs) who exhibit good
behavior during their incarceration. This system aims
to encourage rehabilitation and positive conduct
among inmates.
 Republic Act No. 10592
It is enacted in 2013, which amended provisions of the Art. 97 of the Revised
Penal Code concerning allowances for good conduct. Under this law, PDLs can
earn deductions from their sentences based on the duration of their
imprisonment and their behavior:
First 2 years of imprisonment: 20 days reduction for each month of good
behavior.
3rd to 5th year: 23 days reduction per month.
6th to 10th year: 25 days reduction per month.
11th year and beyond: 30 days reduction per month.
Additionally, an extra 15-day deduction per month is granted if the PDL is
involved in activities such as loyalty, industry, or other meritorious conduct.
 Who Can and Cannot Avail of GCTA?
✅ Qualified for GCTA:
• Prisoners convicted of minor or non-heinous crimes.
• Those who exhibit good behavior inside prison.

❌ Not Qualified for GCTA:

• Prisoners convicted of heinous crimes (e.g., murder, rape, drug
trafficking).
• Recidivists (those who committed crimes repeatedly).
• Escapees who did not voluntarily return.
 Special Time Allowance for Loyalty (STAL)

It is a sentence reduction given to Persons Deprived of

Liberty (PDLs) who do not escape during calamities,
disasters, or emergencies.
A deduction of 1/5 of the period of the sentence of any
prisoner who evaded the service of sentence on the
occasion of disorders due to conflagrations, earthquakes,
or other calamities shall be granted if he returns to
authorities within 48 hours after the president declared
that the calamity is over.
 How STAL Works:

PDLs earn additional time deductions if they remain

loyal (i.e., they do not attempt to escape) in situations
like:
1. Fire in the prison facility
2. Earthquakes, typhoons, or other natural disasters
3. Riots or uprisings where prisoners have the
opportunity to escape
4. Evacuation due to emergencies
 How STAL Works:

Time Reduction Under STAL:

1st Instance of Loyalty: 5 days deduction from the sentence

2nd Instance: 10 days deduction

3rd and succeeding instances: 15 days deduction per incident