Lesson 2 Non-Institutional Correction

Purposes of Probation
1. To establish a more enlightened and humane correctional system that will
promote the reformation of offenders and thereby reduce incidence of recidivism;
2. To avoid confinement of all offenders in prison and other institutions for
rehabilitations that surely constitutes an onerous drain on the financial resources
of the governmental;
3. Promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
4. Provide an opportunity for the reformation of a penitent offender which might be
less probable if he were to serve a prison sentence; and
5. Prevent the commission of offense/s

Grant of Probation. — Subject to the provisions of this Decree, the trial court may,
after it shall have convicted and sentenced a defendant for a probationable penalty and
upon application by said defendant within the period for perfecting an appeal, suspend
the execution of the sentence and place the defendant on probation for such period and
upon such terms and conditions as it may deem best. No application for probation shall
be entertained or granted if the defendant has perfected the appeal from the judgment
of conviction: Provided, that when a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is modified through
the imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-probationable penalty was rendered,
or in the trial court where such case has since been re-raffled. In a case involving
several defendants where some have taken further appeal, the other defendants may
apply for probation by submitting a written application and attaching thereto a certified
true copy of the judgment of conviction.
“The trial court shall, upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.
“This notwithstanding, the accused shall lose the benefit of probation should he seek a
review of the modified decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a
fine only. The filing of the application shall be deemed a waiver of the right to appeal.
“An order granting or denying probation shall not be appealable.” (R.A. 10707, Sec. 4)
Process of filing probation
1. Application for probation shall be filed with the trial court which has jurisdiction
over the case.
2. Time of filing shall be any time after conviction and sentence but within the period
for perfecting an appeal as provided by the Rules of Court.
3. The application shall be in the form approved by the Secretary of Justice as
recommended by the Administrator.
4. The trial court may notify the concerned prosecuting officer of the filing of the
applicant at a reasonable time it deems necessary, before the schedule hearing
thereof.
5. The prosecuting officer may submit his comment, if any, on the application within
reasonable time given to him by the trial court from his receipt of the notice to
comment.
6. If the trial court finds that the application is due in form and the applicant appears
to be qualified for the grant of probation, it shall order the city or provincial Parole
and Probation office to conduct a post sentence investigation.

NOTE: 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.
Post Sentence Investigation
Is a legal term referring to the investigation into the history of person convicted of
a crime before sentencing to determine if there are extenuating circumstances which
should ameliorate the sentence or a history of criminal behavior to increase the
harshness of the sentence.
Contents of Post Sentence Investigation Report (PSIR)
1. The circumstances surrounding the offense for which the petitioner was
convicted;
2. Psycho-social information regarding the petitioner;
3. Evaluation of the petitioner’s suitability for probation and his potential for future
social adjustment; and
4. Recommendation of the probation officer conducted the Post sentenced
Investigation.

Period to submit Post Sentence Investigation Report

The probation officer shall submit to the court the investigation report on a
defendant not later than 60 days from receipt of the order of said court to conduct the
investigation. The court shall resolve the application for probation not later than fifteen
days after receipt of said report.
 Pending submission of the investigation report and the resolution of the petition,
the defendant may be allowed on temporary liberty under his bail filed in the criminal
case; Provided, that, in case where no bail was filed or that the defendant in incapable
of filing one, the court may allow the release of the defendant on recognizance to the
custody of a responsible member of the community who shall guarantee his appearance
whenever required by the court.
Criteria for placing the offender for Probation
In determining whether an offender may be placed on probation, the court shall
consider all information relative to the character, antecedents, environment, mental and
physical condition of the offender, and available institutional and community resource.
Probation shall be denied if the courts find that:
1. The offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
2. There is an undue risk that during the period of probation, the offender will
commit another crime; or
3. Probation will depreciate the seriousness of the offense committed.

Disqualified for Probation

1. Those who are sentenced to serve a maximum term of imprisonment of more
than six (6) years;
2. Those who are convicted of any crime against the national security;
3. Those who have previously been convicted by final judgment of an offense
punished by imprisonment of more than six (6) months and one (1) day and / or a
fine of more than one thousand (Php1,000.00) pesos;
4. Those who have been once on probation under the provisions of this Decree;
5. Those who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof.
6. Those legally disqualified under special penal laws:
a. Offenders found guilty of any election offense in accordance with Section
264 of B.P. Blg. 881 (Omnibus Election Code);
b. Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization
Act, as amended); and
c. Offenders found guilty of violating R.A. No. 9165, The Comprehensive
Dangerous Drugs Act of 2002, except Sections 12, 14, 17, and 70.

Conditions of Probation – Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
 1. Present himself to the probation officer designated to undertake his
supervision at such place as may be specified in the order within seventy-two hours
from receipt of said order;
2. Report to the probation officer at least once a month at such time and place as
specified by said officer.
3. The court may also require the probationer to:
a. Cooperate with a program of supervision;
b. Meet his family responsibilities;
c. Devote himself to specific employment; and
d. Not change said employment without prior written approval of the
probation officer;
4. Undergo medical, psychological, or psychiatric examination and treatment
and enter and remain in a specified institution, when required for that purpose;
5. Pursue a prescribed secular study or vocational training;
6. Attend or reside in a facility established for instruction, recreation or
residence of person on probation;
7. Refrain from visiting houses of ill-repute;
8. Abstain from drinking intoxicating beverages to excess;
9. Permit the probation officer or an authorized social worker to visit his home
and place of work;
10. Resides at premises approved by it and not to change his residence without
its prior written approval; or
11. Satisfy any other conditions related to the rehabilitation of the defendant and
not unduly restrictive of his liberty or incompatible with his freedom of conscience.
In case of violation of Probation
1. The Probation Officer may, motu proprio or upon the report of a probation aide or
any other person, conduct a fact-finding investigation of any alleged violation of
probation; and
2. If the investigation establishes the violation of probation, the Probation Officer
shall report the same to the court.

Content of violation report

The report of the Probation Office to the court concerning an alleged violation of
probation shall include, among others:
 A. Complete statement of the facts of the alleged violation including the date,
place and circumstances thereof, the statements of witnesses and the arresting officer,
if any;
B. The explanation, if any, of the probationer to the charge; and
C. The recommendation of the Probation Officer.
Termination of Probation
After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation
and thereupon the case is deemed terminated.
“The final discharge of the probationer shall operate to restore to him all civil
rights lost or suspended as a result of his conviction and to totally extinguish his criminal
liability as to the offense for which probation was granted.
“The probationer and the probation officer shall each be furnished with a copy of
such order.”
Parole
Is a conditional release of his sentence, allowing the prisoners to complete his
term of punishment outside the prison if he satisfactorily complies with the terms of the
parole.
Brief History of Parole
“parole” Is French for “word” and is used in the senses of “Word of Honor” (parole
d’ honneur). Thus the implication is that the released of prisoner would be give his “word
of honor” that he would abide by the terms of his conditional release.
Prior to the mid-nineteenth century, most offenders were sentenced to flat or
determinate sentences in prison. Under this type of sentencing, an offender received a
specific amount of time to serve in prison for a specific crime.
In the Philippines, Parole is governed by Act No. 4103, otherwise known as the
Indeterminate Sentence Law. The law was subsequently amended by Act No. 4225
and further amended by R.A.4203. Lately, other changes in the law were introduced by
Executive Order No. 292, otherwise referred as the Administrative Code of 1987. It is
through the latter amendment that the Probation Administration was renamed as Parole
and Probation Administration and charge with the task of administering the Parole
system and exercise general supervision over all parolees and pardonees.
Who is parolee?
A parolee is a person convicted of a criminal offense who having served the
minimum of his indeterminate sentence is released from prison by the Board of Pardons
and Parole, subject to conditions that it may impose.
Essential Elements of Parole
1. That the prisoner’s sentence of conviction becomes final and executory;
2. That the prisoner’s serves part of his prison sentence;
3. That he released before the expiration of his minimum sentence;
4. That said liberty is conditionally anchored on good behavior; and
5. That he remains on parole until the expiration of his maximum sentence.
Who may apply parole?
A convicted offender maybe granted “discharge on parole” whenever the Board
finds that there is a reasonable probability that in his released, he will be law-abiding
citizen and that his release will not be incompatible with the interest and welfare of the
society provided that he will not meet the following disqualification:
1. Convicted of offense punished with death penalty or life imprisonment;
2. Convicted of treason, conspiracy or proposal to commit treason;
3. Convicted of misprision of treason, rebellion, sedition or espionage
4. Convicted of piracy.
5. A habitual delinquent;
6. Having escaped from confinement or evaded sentence;
7. Granted conditional Pardon by the chief executive and has violated terms
thereof;
8. Whose maximum term of imprisonment does not exceed one year or those
with a definite sentence;
9. Those suffering from mental disorder;
10. Those whose conviction is on Appeal; and
11. Those with pending case/s for an offense committed while serving sentence.

Role of Parole Officer

1. Conduct pre-parole/pre-executive clemency investigation;
2. Submit report and recommendation to the Board of Pardons and Parole based
on the community Investigation;
3. Interact to the prospective parolee prior to the released from the institution;
 4. Help the parolee/client to find suitable employment and developed good works;
and
5. Supervised the client about his behavior.

BRIEF HISTORY OF PARDONING POWER OF THE CHIEF EXECUTIVE

Since time immemorial when men learned to exercise power of office their heads
usually have power of life and death over their subjects.
In the New Testament, various Biblicist cited Pontious Pilate, then the Roman
Governor of Galilee, on the occasion of the feast of the pass over, after being
intimidated by the mob action ordered the release of murderer and robber named
Barabbas and ordered the torture and crucifixion of Jesus Christ.
In the Philippines, the pardoning power is vested in the President of the
Philippines under the constitution. It is discretionary and is not subject to review or
judicial notice by the court. Neither does the Legislative branch of the government have
the right to establish condition nor provide procedures for the exercise of the same.
Hence, it is vulnerable for abuse by the executive.
Who is Pardonee?
A “pardonee” is a convicted person who having served a portion of his sentence
is ordered released from prison by the President subject to certain conditions.
Limitations of Pardoning Power of the President
1. Pardon cannot be extended in cases of impeachment;
2. No pardon, parole, suspension of sentence for violation of Election Laws may be
granted without the favorable recommendation of the COMELEC; and
3. Pardon is exercised only after final conviction.

Kinds of Pardon
Conditional Pardon – Refers to the exemption of an individual within certain limits or
conditions, from the punishment which the law inflicts for the offense he has committed.
Absolute Pardon – Refers to the total extinction of the criminal liability of the individual
to whom it is granted without any conditions of whatsoever and restores to the individual
his civil rights and the penalty imposed for the particular of which he was convicted.
Eligible for Pardon
1. Prisoners who are 65 years and above and who have served at least 3 years of
their prison sentence;
2. Prisoners who are invalids or afflicted with incurable or dangerous or serious
diseases;
 3. Prisoners who are medically diagnosed having at least 2 years of mental
abnormality as certified by the psychiatric ward of the prison hospital for at least
1 year; and
4. Prisoners who have serve the following prison sentence:

a. At least 8 years of their life sentence of simple crimes;

b. At least 10 years of their life sentence in cases of complex crimes; and
c. At least 12 years of their 2 or more-life sentence.
Amnesty
A pardon for past criminal offenses for a class or group of individuals who are
subject to trial but have not yet been convicted. Amnesty may be limited or conditional.
PRESIDENTIAL DECREE No. 1429
REVISING PRESIDENTIAL DECREE NO. 124, AS AMENDED BY PRESIDENTIAL
DECREE NO. 1182
Amnesty is hereby decreed in favor of all persons who have been arrested
and/or charged, or although not arrested and/or charged may have committed acts
which make them liable for, violation of the provisions of Republic Act No. 1700, as
amended by Presidential Decree No. 885, and those who have been arrested for,
and/or charged or chargeable with crimes against public order as defined and penalized
under the Revised Penal Code, including those crimes and offenses which may have
been committed by said persons in furtherance thereof.
Limitations on the exercise in granting amnesty
1. It cannot be granted in cases of impeachment [Sec. 19, Art VII of the
Constitution];
2. It cannot be granted in cases of violation of election laws without the favorable
recommendation of the Commission on Elections [Sec. 5. Art IX-C];
3. It cannot be granted in cases of legislative contempt (as it would violate
separation of powers), or civil contempt (As the State is without interest in the
same);
4. It cannot absolve the convict of civil liability;
5. It cannot restore public offices fortified [Monsanto v. Factoran, supra.].

Persons Disqualified
(a) Those who have promoted, maintained or headed a rebellion or insurrection or
who, while holding public office or employment, took part therein, engaged in war
against the forces of the Government, destroyed property or committed serious
violence, exacted contributions or diverted public funds from the lawful purpose
for which they have been appropriated; provided, that persons who have been
 arrested and/or charged with having merely participated or executed the
commands of others in a rebellion may be granted amnesty.
(b) The prisoner shall have served at least one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.
References:
1. Probation Law of the Philippines P.D. 968
2. An act amending presidential decree no. 968, otherwise known as the
“probation law of 1976”, as amended (R.A. 10707)
3. Indeterminate Sentence Law (Act 4103)