2.

Prosecution: The prosecution evaluates and

Module 1: Criminal Justice System Concept files cases based on the evidence provided by
law enforcement. It decides whether to pursue
The Criminal Justice System (CJS) is the framework legal action.
used by a democratic government to safeguard 3. Court: The court is the body responsible for
society from crime and other issues affecting peace conducting trials on cases filed within their
and order. It is a mechanism that ensures justice and jurisdiction. The court ensures that justice is
control over criminal activity. served by hearing arguments and reviewing
evidence.
● CJS Process: The system aims to bring 4. Correction: This pillar focuses on the
together the five components of the criminal rehabilitation and punishment of offenders. It is
justice system to produce a reciprocal considered the weakest pillar of the CJS, as
responsibility scheme for community the system has limitations in handling offenders
development. These five components are: effectively.
○ Police 5. Community: This is the informal pillar of the
○ Prosecution CJS, encompassing the support and
○ Court involvement of the community in the criminal
○ Correctional System justice process, particularly in rehabilitation and
○ Community prevention of future crimes.
● Philippine CJS: It refers to the totality of tools
used by society to prevent and manage Non-Institutional Corrections: An Introduction
criminal activity and juvenile delinquency.
Non-institutional corrections or community-based
The Criminal Justice System’s Process corrections refer to supervised programs for individuals
who have been convicted or are awaiting trial. These
1. Police: The police are responsible for: programs are less invasive than incarceration and are
○ Compiling evidence. focused on rehabilitation and reintegration into society.
○ Apprehending lawbreakers.
○ Submitting complaints to the prosecutor. ● Programs in non-institutional corrections:
2. Prosecutor: The prosecutor evaluates the ○ Probation: Supervision of offenders
evidence submitted by the police to determine if outside prison.
there is sufficient basis to lay charges against ○ Various interim punishments and
the accused. supervision under the sentencing
3. Defense Attorney: Whether privately hired or court's direction.
government-appointed, the defense attorney ○ Programs that offer greater oversight
represents the accused and defends their rights than regular probation but are less
in the judicial process. invasive than incarceration.
4. Judge: The judge acts as an arbitrator during
the trial. They ensure a fair trial and decide the Objectives of Community Corrections Programs
case based on evidence.
5. Judgment: At the conclusion of the trial, the The objectives of community corrections programs
judge issues a ruling or verdict based on the include:
evidence presented.
6. Probation Officer: The probation officer: 1. Accountability: Ensuring that the perpetrator is
○ Supervises offenders on probation. penalized and held accountable for their
○ Conducts pre-sentence investigations actions.
to assess the offender’s background. 2. Public Safety: Ensuring that the community
7. Sentencing: If the perpetrator is found guilty, the remains safe from offenders, reducing the risk of
court issues a sentence. The offender either further criminal behavior.
serves their full sentence or is granted parole by 3. Reparation: Criminals engage in reparation
the parole board. programs or continue their jobs to provide
8. Reintegration: Once the sentence is completed, compensation to victims and contribute to the
the offender is reintegrated into society as a local community.
rehabilitated individual. 4. Increase in Volunteer Work: Programs
encourage volunteer work, allowing offenders
The Five Pillars of the Criminal Justice System to contribute to the community as part of their
rehabilitation.
1. Law Enforcement: This is considered the 5. Court Costs and Fines: By allowing offenders
prime mover of the CJS. The police force plays to continue working at their current jobs,
a crucial role in enforcing laws and maintaining collection of court costs and fines increases.
order.
Module 2: Advantages and Disadvantages of diverting suitable offenders to
Non-Institutional Correction (Community-Based or community-based programs. This helps
Alternative Correction) reduce prison populations, allowing
for better management of resources and
Non-institutional correction refers to community-based improving conditions for those who
or alternative correction programs that provide an require more secure confinement.
alternative to traditional incarceration. These programs
aim to rehabilitate offenders while allowing them to stay Potential Disadvantages of Non-Institutional
within the community. This approach is generally Correction
cost-effective, flexible, and rehabilitation-focused.
Despite their advantages, non-institutional correction
Key Advantages of Non-Institutional Correction programs also present several disadvantages that need
to be addressed during their design and implementation:
1. Cost-effectiveness:
○ Non-institutional correction programs 1. Limited control and supervision:
are typically more cost-effective than ○ Offenders in community-based
incarceration. They make use of programs live within the community
existing community resources, such under supervision. However, the
as counseling services, educational control over their behavior and activities
programs, and vocational training, is often limited, increasing the risk of
thereby reducing the financial burden on non-compliance, relapse into criminal
the state. behavior, or failure to adhere to
2. Rehabilitation-focused: program requirements.
○ These programs focus on the 2. Lack of resources and support:
rehabilitation and reintegration of ○ Community-based programs heavily rely
offenders into the community. Instead of on community resources for success.
solely emphasizing punishment, Limited funding, a shortage of
non-institutional corrections aim to specialized personnel, or insufficient
address the underlying causes of resources may prevent programs from
criminal behavior and equip individuals meeting offenders' needs, undermining
with the necessary tools and support their overall effectiveness.
for successful reintegration. 3. Public safety concerns:
3. Community involvement: ○ There are inherent public safety
○ Non-institutional corrections encourage concerns when offenders are placed
community involvement by utilizing back into the community. Although
local resources to support offenders. programs often implement risk
This helps foster a greater sense of assessment mechanisms, there
community connection and provides remains a possibility that offenders may
offenders with social support, which is commit new offenses while
crucial for their successful participating in community-based
rehabilitation. correction programs.
4. Individualized approach: 4. Inconsistent program quality:
○ These programs offer a personalized ○ The quality of non-institutional correction
approach, tailoring interventions to meet programs can vary widely. Their success
the specific needs of each offender. By depends on competence and training
considering factors such as the of staff, effective program design, and
offender’s risk level, criminogenic continuous evaluation. Without these
needs, and personal circumstances, critical factors, the programs may not
non-institutional programs provide adequately address the needs of
targeted and effective interventions. offenders.
5. Reduced social stigma: 5. Limited capacity and suitability:
○ By allowing offenders to remain within ○ Not all offenders are suitable for
the community, non-institutional non-institutional correction programs.
corrections help reduce the social High-risk offenders or those involved
stigma associated with incarceration. in serious crimes may require more
This inclusive approach encourages secure confinement to ensure public
society to support offenders in their safety or to address specific treatment
efforts to change and reintegrate needs. As such, non-institutional
successfully. programs may not be appropriate for all
6. Capacity management: offenders.
○ Non-institutional corrections provide an 6. Public perception and resistance:
alternative to overcrowded prisons by
 ○ Public resistance and skepticism 1. Benefit of Clergy:
towards non-institutional correction ○ Originating during the reign of Henry II
programs can arise. If the community (13th century), this was a method to
perceives the programs as too lenient, reduce punishment severity.
or if there are misunderstandings or ○ It allowed clergy members (priests) to
misconceptions about the goals and be exempted from trial in King's Court
effectiveness of these programs, it may by using the authority of the Church.
result in resistance to supporting or This exemption was a compromise
funding them. between the Church and the King's
Court.
Addressing Disadvantages of Non-Institutional ○ The system contributed to greater
Correction sentencing leniency, especially for
death penalties.
To maximize the effectiveness and success of 2. Judicial Reprieve:
non-institutional correction programs, it is crucial to ○ This was a temporary withholding of
address the potential disadvantages through: punishment, allowing for delays or
reductions in the severity of penalties.
1. Proper Program Design: ○ Even after the common law made it
○ Ensure that the programs are effective impossible to request new trials,
and tailored to meet the needs of reprieves were issued to prisoners,
offenders, incorporating particularly for those facing the death
evidence-based practices to maximize penalty, in exchange for their
positive outcomes. deportation.
3. Recognizance:
○ Also known as "binding over for good
behavior," this concept emerged in
2. Staff Training: 14th-century England. It was the
○ Invest in the training and professional precursor to probation.
development of staff to ensure that they ○ This practice involved a court-ordered
are capable of managing offenders pledge by an individual to maintain
effectively in a community-based setting, good behavior without being convicted.
providing the necessary supervision and ○ Sureties (bail or guarantors) ensured
support. compliance and were responsible for
3. Community Engagement: bringing offenders back to court if they
○ Build community support and violated the terms.
understanding of the goals of ○ It was used for misdemeanants and
non-institutional correction programs. served as a substitute for harsher
This can foster positive perceptions punishments.
and increase public participation, 4. Transportation:
ensuring the programs' success. ○ Offenders were sent to colonies (such
4. Ongoing Evaluation: as America and Australia) for
○ Continuously evaluate and monitor the rehabilitation and labor, replacing harsh
programs to ensure they maintain local punishments.
quality and relevance, making ○ Initially a way to purge criminals from
adjustments as needed to address England, it eventually became a form of
emerging needs and improve program rehabilitation through exile.
outcomes.
Advocates of Probation
Module 3: Historical Development of Probation
1. John Augustus (1785–1859):
Probation, a critical element of the criminal justice ○ Known as the "Father of Probation" in
system, aims to prevent repeat offenses and reform the United States, he was a Boston
individuals through reformative care rather than boot maker.
arbitrary punishment. The history of probation is deeply ○ His efforts in campaigning for more
intertwined with the English common law and was first lenient sentences based on criminals'
formally established in the United States. It is essential backgrounds laid the foundation for
to trace its origins and developments to understand the probation as a system for
evolution of this justice approach. rehabilitation.
2. Matthew Davenport Hill (1792–1872):
○ Known as the "Father of Probation" in
Forerunners of Probation England.
 ○He was an English lawyer and and prosecutors across the country,
penologist who advocated for along with the recruitment of probation
probation as an alternative to harsh officers.
sentences. 4. Evolution of Probation Administration:
3. Edward Savage: ○ Under Executive Order No. 292 (1987),
○ First paid and official probation officer the Probation Administration was
in the United States. renamed the Parole and Probation
Administration.
○ The administration also took on the
function of supervising prisoners
released on parole and pardon.
Development of Probation in the United States
5. Probation's Expansion (2005):
○ In 2005, the Parole and Probation
1. Massachusetts:
Administration expanded its function to
○ Developed the first statewide
investigate and supervise minor drug
probation system in 1880.
offenders under Republic Act No.
2. Juvenile Probation:
9165.
○ In 1899, Minnesota and Illinois
6. Teodoro Natividad – Father of Probation in
enacted laws to provide probation
the Philippines:
services for juveniles.
○ Teodoro Natividad, a former
3. Rhode Island:
NAPOLCOM Commissioner and
○ Introduced the first completely
Congressman, is known as the Father
state-administered probation system.
of Probation in the Philippines.
4. New Jersey:
○ He introduced the Adult Probation Law
○ Became the 4th state to adopt a
through House Bill No. 393, which
general probation law after the New
eventually became Presidential Decree
England model in 1900.
No. 968.
5. New York and California:
○ New York became the 5th state to
provide adult probation, while Key Milestones in the History of Probation in the
California was the 6th. Philippines

● August 7, 1935: Act No. 4221 established the

Brief Historical Development of Probation in the
Probation Office under the Department of
Philippines
Justice.
● November 16, 1937: Supreme Court declared
1. Early Introduction (American Colonial
Act No. 4221 unconstitutional in People vs.
Period):
Vera.
○ Probation was introduced during the
● July 24, 1976: Presidential Decree No. 968
American colonial period (1898-1945).
(Probation Law of 1976) was signed.
○ Act No. 4221 (August 7, 1935) created
● January 3, 1978: Probation system began
the Probation Office under the
operations.
Department of Justice, but this was
● August 17, 2005: Expanded functions of the
later declared unconstitutional in 1937
Parole and Probation Administration to
by the Supreme Court.
include the supervision of minor drug
2. Attempts to Re-establish Probation (1970s):
offenders.
○ In 1972, House Bill No. 393 was filed in
Congress to establish a probation
system. However, this bill was pending Module 4: Probation as Judicial Clemency: Its
when Martial Law was declared. purposes, benefits and advantages
○ In 1975, the National Police
Commission Interdisciplinary Group Etymology of Probation
presented a draft for a Probation Law,
which was endorsed by 369 jurists, ● The word probation originates from the Latin
penologists, civic leaders, and social word "probare," which means "to prove" or "to
scientists. test."
3. Presidential Decree No. 968 (1976): ● It was coined by John Augustus, who is
○ Presidential Decree No. 968, also considered the founder of modern probation.
known as the Probation Law of 1976, ● Origin in English Criminal Law: Probation has
was signed on July 24, 1976 by roots in the Middle Ages in English criminal law.
President Ferdinand Marcos. During this time, harsh punishments such as
○ Implementation began on January 3, branding, flogging, mutilation, and execution
1978, following the training of judges were common, even for minor offenses.
 ● Under King Henry VIII, there were over 200 ● Sustains law enforcement resources.
crimes punishable by death, many of which
were considered minor offenses. Probation Helps the Offender:

Legal Definition of Probation ● Allows the offender to maintain their earning

power and contribute to the economy.
● According to Presidential Decree (P.D.) 968, ● Offers rehabilitation within the community.
Probation is defined as: ● Helps in restoring their dignity.
○ "A disposition under which a
defendant, after conviction and Probation Justifies the Philosophy of Humanity:
sentence, is released subject to
conditions imposed by the court and ● Reinforces the belief that life is sacred.
to the supervision of a probation ● Emphasizes that everyone deserves a second
officer." chance.
● Upholds the idea that an individual can
Purpose of Probation change.
● Demonstrates that society has a moral
The purpose of probation can be summarized in the obligation to lift those who have fallen.
following key objectives:
Applying the Provisions of P.D. 968
1. Correction and Rehabilitation:
○ To promote the correction and Probation under P.D. 968 offers several advantages for
rehabilitation of an offender by the offender and society, as detailed below:
providing individualized treatment.
2. Reformation Opportunity: 1. Prevents Crime:
○ To provide an opportunity for the ○ Probation prevents crime by offering
reformation of an offender, which might freedom and helping offenders through
be less likely if they served a prison treatment and rehabilitation in the
sentence. community.
3. Prevention of Future Offenses: 2. Aligns with Modern Trends:
○ To prevent the offender from committing ○ It conforms to modern humanistic
further crimes. trends in penology (the study of
prisons and punishment).
The Benefits of Probation 3. Protects Society:
○ Ensures close supervision of
Probation provides benefits to several parties involved, non-dangerous offenders while they
including society, the victim, the family, the government, undergo rehabilitation in the
and the offender. community.
4. Prevents Youthful Offenders from Becoming
Probation Protects Society: Hardened Criminals:
○ Especially beneficial for youthful or
first-time offenders, preventing them
● Reduces the costs of detention.
from developing into habitual offenders.
● Reduces the high rate of recidivism
5. Cuts Jail Costs:
(reoffending) among detained offenders.
○ Reduces the enormous cost of
maintaining jails.
Probation Protects the Victim:
6. Reduces Recidivism and Jail Overcrowding:
○ Decreases the rate of recidivism
● Provides restitution to the victim.
(repeat offenses) and alleviates
● Helps in preserving justice.
overcrowding in prisons.
7. Lowers the Burden on Jail Personnel:
Probation Protects the Family: ○ Lessens the workload of correctional
officers and institutions tasked with
● Does not deprive the family, particularly the wife guarding detainees.
and children, of their husband and father. 8. Offers a Second Chance:
● Helps maintain unity within the home. ○ Provides first-time or light offenders with
a second chance at life and an
Probation Assists the Government: opportunity for reformation.
9. Makes Offenders Productive:
● Reduces the population in prisons and jails. ○ Instead of being a tax burden,
● Lowers the burden on the courts. probationers can contribute as
● Lightens the load of prosecutors. taxpayers.
 10. Restores Civil Rights: sentenced for a probationable
● Successful probationers have their civil rights penalty.
restored. ○ The defendant must apply for probation
11. Effective in Developing Countries: within the period for appealing the
● Proven to be effective in countries that have conviction.
adopted probation as part of their criminal ○ No application for probation will be
justice system. entertained if the defendant has already
12. Advocated by the United Nations: perfected an appeal. However, if the
● The United Nations has endorsed probation in judgment of conviction is modified (e.g.,
its various congresses on crime prevention and from a non-probationable to a
treatment of offenders. probationable penalty), the defendant
may apply for probation based on the
Module 5: Processes for the Petitions and modified decision.
Application for Probation, and Grant of Probation ○ In cases with multiple defendants, those
who have not appealed may apply for
Essential Elements of Probation probation by submitting a written
application and attaching a certified
As outlined in the Probation Act of 1976 (P.D. 968), copy of the judgment.
there are four essential elements of the Adult Probation ○ The court will suspend the execution of
System: the sentence upon receiving the
application for probation.
1. Post-sentence investigation report (PSIR): ● Important Provisions:
○ The PSIR serves as the informational ○ No appeal allowed for orders granting
basis for the court's decision to grant or or denying probation.
deny probation. (Sec. 5) ○ The application for probation waives
2. Conditional suspension of sentence: the right to appeal.
○ The execution of sentence is
suspended by the court upon granting Who Can Apply for Probation?
probation. (Sec. 4)
3. Conditions of probation: ● Eligible offenders (those not disqualified) who
○ The court imposes conditions of have been sentenced may apply for probation
probation to protect public safety and before serving their prison/jail sentence.
to foster the rehabilitation and ● The defendant must not have committed a crime
reformation of the probationer. (Sec. 4) that is non-probationable.
4. Supervision and assistance by a probation
officer: Where and When to File the Application?
○ A probation officer is responsible for
providing supervision, guidance, and ● The application for probation must be filed
assistance to the offender. (Sec. 15) with the trial court that convicted and
sentenced the offender.
Legal Effects of Filing a Petition for Probation ● The application should be filed within 15 days
after the promulgation of judgment.
When a defendant files a petition for probation, the
following legal effects occur: How to Apply for Probation?

1. Suspension of execution of sentence: The The steps for applying for probation are as follows:
sentence is temporarily suspended while the
petition is under consideration. 1. File the application within 15 days from the
2. Waiver of the right to appeal: By filing for promulgation of judgment.
probation, the defendant waives their right to 2. The court suspends the execution of the
appeal the judgment of conviction. sentence and refers the application to the
probation office for a post-sentence
Grant of Probation under Republic Act 10707 investigation (PSI).
3. The probation officer submits the
Under Republic Act 10707, probation may be granted Post-Sentence Investigation Report (PSIR) to
according to the following guidelines: the court within 60 days, though this period may
be extended for meritorious cases.
● Section 4 (Grant of Probation): 4. While awaiting the PSIR and resolution of the
○ The trial court may grant probation after application, the defendant may be temporarily
the defendant has been convicted and released:
○ On bail or
 ○ On recognizance of a responsible 2. Not more than 6 years if the offender was
member of the community (if unable to sentenced to imprisonment of more than 1
post bail). year.

Investigation of Court Referrals Objective Release of the Offender While the Application for
Probation is Pending
The investigation of court referrals serves the
following purposes: The court has the discretion to release the offender while
the application is pending under the following conditions:
● To provide the court with relevant information
and judicious recommendations for selecting 1. Same bond filed during the trial.
offenders suitable for probation. 2. New bond is filed.
● The scope includes all offenders except those 3. The offender may be released to the custody of
entitled to benefits under Presidential Decree a responsible member of the community if
No. 603 and similar laws. they are unable to file the bond.
● The Department of Justice - Parole and
Probation Administration (DOJ-PPA) conducts Module 6: Disqualification, Termination, and Outside
the investigation of petitioners for probation, Travel of Probationers under R.A. 10707
which includes a thorough study of:
○ Criminal record I. Disqualifications for Probation (Section 9)
○ Family history
○ Educational background ● Probation not granted to offenders who fall
○ Marital life under the following categories:
○ Occupational record 1. Offenders sentenced to imprisonment
○ Interpersonal relationships for more than six (6) years.
○ Other relevant aspects impacting the 2. Convicted of crimes against national
suitability for probation. security.
● The probation officer conducts a records check 3. Previous conviction (final judgment)
with sources such as: for an offense punishable by more than
○ Local police files 6 months and 1 day of imprisonment or
○ Courts fine of more than P1,000.
○ National Bureau of Investigation 4. Once on probation under R.A. 10707.
(NBI). 5. Currently serving sentence at the time
● Additional checks may involve relatives, the law’s provisions became applicable.
neighbors, and may include a
drug-dependency test or psychological II. Termination of Probation (Section 16)
evaluation for a better assessment of the
applicant's potential for rehabilitation. ● After probation, upon considering the report and
recommendation of the probation officer, the
Conditions Imposed by the Court when Probation is court may:
Granted ○ Order final discharge if the probationer
has adhered to all probation terms and
When probation is granted, the court imposes several conditions.
conditions that the probationer must follow: ○ Discharge restores all civil rights and
extinguishes criminal liability for the
1. Appear before the probation officer within 72 offense under probation.
hours of being placed on probation. ● Termination signifies the case is closed, and
2. Report to the probation officer at least once a no further supervision is required.
month.
3. Not commit another offense during the III. Full Blown Courtesy Investigation (FBCI) and
probation period. Transfer of Conduct of Referral Investigation
4. Comply with any additional conditions set by (Sections 27, 30)
the court.
● FBCI is a General Courtesy Investigation
Duration of Probation (GCI) performed by another Parole and
Probation Office (PPO) to gather a
The period of probation depends on the sentence Pre-Sentence Investigation Report (PSIR).
imposed: ○ Applicable when the probationer:
1. Is a transient offender or has
1. Not more than 2 years if the offender was lived in another place.
sentenced to imprisonment of 1 year or less.
 2. Spent their formative years in a ○ The Trial Court may revise conditions
different province or city. during supervision based on reports or
3. Has family or community ties in requests.
a location outside the current ○ Modifications are effective upon
place of trial. promulgation.
● General Courtesy Investigation (GCI) includes
any investigations not falling under FBCI, such VIII. Termination of the Probation Supervision Case
as partial investigations within the PPO’s (Section 60-62)
jurisdiction.
● Grounds for termination:
IV. Supervision of Probationers (Sections 38-40) 1. Successful completion of probation.
2. Revocation due to violations under
● Purpose of supervision: Section 49.
○ Ensure compliance with probation 3. Death of the probationer.
conditions. 4. Early termination (under specific
○ Facilitate rehabilitation and reintegration conditions).
into the community. ● Termination Report: The probation office must
○ Guide the probationer’s transformation submit a final report 30 days before the
into a useful citizen. expiration of the probation period,
● Commencement of Supervision: Starts on the recommending discharge if conditions are met.
first interview or initial reporting.
● Initial Report: IX. Closing of Probation Case (Section 64-65)
○ Probationer receives instructions on
the probation conditions. ● Case closure: Occurs after final discharge
○ A supervision treatment plan is order is received. The case file is archived but
developed with the probationer. not before proper reporting.
○ If a probationer does not report for initial
supervision, a Violated Report is X. Probation Reports (Section 66-68)
submitted to the Trial Court.
● Monthly Reports: Probation offices submit a
V. Outside Travel (Section 41) caseload summary within the first 10 days of
each month.
● Probationer’s travel outside the jurisdiction: ● Semestral Reports: Includes work
1. Up to 30 days: A probationer must accomplishments, problems encountered, and
submit a Request for Outside Travel solutions, submitted within 15 days of the
(PPA Form 7) at least 5 days before semester.
travel. ● Annual Reports: Submitted within 30 days of
2. More than 30 days: Requires approval the new year, containing operational highlights
from the Trial Court. and achievements.
3. Outside Travel over 30 days in 6
months: Considered as courtesy XI. Violation of Probation Conditions (Sections
supervision. 46-54)

VI. Change of Residence and Transfer of Supervision ● Violation occurs when a probationer fails to
(Section 42) comply with probation conditions. Violations
must be reported to the Trial Court.
● Request for Change of Residence: ● Fact-Finding Investigation: Conducted by the
1. The probationer submits a PPA Form Supervising Probation Officer (SPO) to verify
24. allegations of probation violations.
2. Trial Court approval required for ● Violation Report: If the investigation confirms a
transfer. violation, a Violation Report (PPA Form 8) is
3. Supervision is transferred to the submitted to the Trial Court.
receiving PPO after approval. ● Hearing of Violation: A summary hearing is
● Transfer of Supervision: All probation conducted where the probationer can defend
records (including PSIR) are forwarded to the themselves.
receiving PPO for continued supervision. ● Revocation: If probation is revoked, the
probationer serves the original sentence.
VII. Modification or Revision of Probation Conditions
(Section 44-45) XII. Early Termination of Probation (Sections 55-56)

● Modification of probation conditions: ● Criteria for Early Termination:

1. Serious physical or mental disability.
 2. No further supervision needed (e.g., ○ Criticism: Maconochie was removed
consistent compliance, positive from his position because his methods
rehabilitation response). were seen as too lenient or "coddling."
3. Approved overseas job or public 3. Sir Walter Crofton (Ireland):
office appointment. ○ Developed the Irish System, utilizing a
4. Other special cases at the discretion of concept called "ticket of leave," allowing
the authorities. inmates to earn credits towards early
● Procedure for Early Termination: release.
1. The Supervising Probation Officer ○ Once released, inmates were
prepares a motion for early termination. supervised in the community by officers
2. The motion is reviewed and cleared by who ensured employment and
the Regional Director. conducted home visits, an early
3. The motion is filed in court once precursor to today’s parole officers.
approved. 4. Zebulon Brockaway (USA, Elmira
Reformatory, 1870s):
Important Terms & Conditions to Remember: ○ Combined elements of the Irish and
British systems.
● PPA Forms: PPA Form 7 (Request for Outside ○ Passed the first indeterminate
Travel), PPA Form 8 (Violation Report), PPA sentencing law in the USA.
Form 9 (Termination Report), PPA Form 24 ○ Introduced the first good time system,
(Request for Change of Residence). where prisoners could reduce their
● Trial Court Approval: Required for changes in sentences through good behavior.
residence and outside travel exceeding 30 ○ The primary challenge was supervision
days. of parolees once released.
● Final Discharge: Restores civil rights and 5. Establishment of the United States Board of
extinguishes criminal liability after fulfilling Parole (1930):
probation conditions. ○ Formed to oversee parole decisions and
supervise parolees in the community.
Module 7: History of Parole and Its Contributors
Factors Contributing to the Rise of Parole:
Definition and Origin:
● The Great Depression (1929) led to
overcrowding in prisons, and parole was seen
● Parole is derived from the French word "parol,"
as a way to alleviate this issue.
meaning "word of honor." It historically referred
● Positivism gained prominence, viewing criminal
to prisoners of war promising not to take up
behavior as being influenced by psychological,
arms if released.
biological, or sociological factors. This made
● The modern application of parole, as an early
parole a more rehabilitative rather than purely
release from prison for convicted offenders,
punitive measure.
became formalized in the mid-19th century.
Philosophical Shifts:
Contributors to Parole Development:
● Early parole systems were rooted in a desire for
1. Samuel G. Howe (1847, USA):
rehabilitation and social reintegration.
○ Credited with the first documented use
● However, by the 1980s, parole came under
of early release in the United States,
scrutiny due to increasing street crime rates,
focusing on rehabilitating inmates.
particularly violent offenses committed by
2. Alexander Maconochie (England, Norfolk
parolees. This led to the rise of "tough on crime"
Island Prison):
policies and "truth in sentencing," emphasizing a
○ Introduced the concept of open-ended
return to harsher sentencing and reducing the
sentencing.
use of parole.
○ His system was based on three stages,
where prisoners had to "earn" their
release by progressing through stages. Concept of Parole
Compliance led to more freedom, and
infractions resulted in lengthened Parole Defined:
sentences.
○ His idea of indeterminate sentencing ● Parole is the suspension of a convict's sentence
was meant to allow prisoners to prove after serving the minimum term of their penalty,
rehabilitation over time. without granting a full pardon. The terms for
parole are defined, and the release is conditional
based on good behavior.
Parole vs. Pardon: ○ Offenders who have been convicted
three or more times within a ten-year
● A pardon is a complete forgiveness of the crime, period for serious crimes like theft,
whereas parole is a conditional release before robbery, or physical injury.
the full sentence is served. 3. Escaped Prisoners: Those who escaped or
evaded their sentence.
Distinction Between Indeterminate and Determinate 4. Violators of Conditional Pardons: Those who
Sentences broke the terms of a conditional pardon.
5. Short Sentences: Offenders whose sentence
● Indeterminate Sentence: does not exceed one year or those with a
○ Involves a minimum and maximum definite sentence.
sentence length, allowing parole boards 6. Mental Illness: Offenders who are mentally ill,
to assess an inmate’s eligibility for early as certified by a psychiatrist/psychologist.
release. 7. Appealing Convictions: Offenders whose
○ The parole board has discretion based conviction is under appeal.
on the inmate’s behavior and 8. Pending Cases: Offenders who have pending
rehabilitation progress. criminal cases.
● Determinate Sentence:
○ Has a fixed duration with no flexibility for Key Points to Remember
early release.
○ Inmates serve the full, fixed sentence. ● Parole is a conditional release that requires
good behavior.
Eligibility for Parole ● Indeterminate sentences offer the flexibility of
parole, unlike determinate sentences.
● A prisoner is eligible for parole if: ● Eligibility for parole is based on the crime,
○ They have been convicted of a crime sentence duration, and good conduct.
and are serving an indeterminate ● Parole is supervised and intended for
sentence. reintegration into society.
○ The maximum term of their sentence ● Parole can be revoked if the offender violates
exceeds one year. the conditions, or in cases of severe offenses.
○ They have served the minimum
sentence, factoring in any good conduct Module 8: Functions of the Parole and Probation
time earned. Administration (PPA) and Board of Pardons and
Parole (BPP)
Essential Elements of Parole
Parole and Probation Administration (PPA)
1. Conviction: The offender must have been
convicted. ● Creation: The PPA was established through
2. Service of Part of Sentence: The offender must Presidential Decree No. 968 (The Probation
have served part of their sentence in prison. Law of 1976). It was later renamed under
3. Release Before Full Sentence Expiration: The Executive Order No. 292 (Administrative Code
release happens before the maximum sentence of 1987), with an expanded function of
expires. supervising prisoners released on parole or
4. Conditional Release: Release depends on the granted pardon with parole conditions.
offender’s good behavior. ● Additional Function (2005): In 2005, by virtue
5. Parole Supervision: The offender remains on of a Memorandum of Agreement with the
parole until the maximum sentence expires. Dangerous Drugs Board, the PPA was tasked
with supervising first-time minor drug
offenders placed under suspended sentence
Disqualification for Parole
(Republic Act No. 9165).
● Vision (2024):
Certain offenders are not eligible for parole, including
○ The DOJ-PPA aims to be the model of
those:
community-based corrections in
ASEAN for crime prevention.
1. Convicted of Severe Crimes: ● Mission:
○ Death penalty ○ To rehabilitate and reintegrate persons
○ Reclusion perpetua (perpetual in community-based corrections,
imprisonment) contributing to peace and social
○ Life imprisonment justice.
○ Treason, espionage, or related offenses
○ Piracy or mutiny
2. Habitual Delinquents:
 ● Mandate: ○ Regional, Provincial, City Probation
○ The PPA is mandated to redeem or Officers are appointed by the
conserve convicted offenders who are Secretary of Justice.
under probation or parole. 4. Volunteer Probation Aides (VPAs): Citizens of
good repute are appointed to assist in
Goals of the PPA: supervising probationers, parolees, and
pardonees, receiving travel allowances but not
1. Reformation of Offenders: Promote the regular compensation.
rehabilitation of offenders and reduce
recidivism. Rehabilitation Programs:
2. Cheaper Alternatives: Provide cost-effective
alternatives to institutional confinement for 1. Therapeutic Community (TC):
first-time offenders, utilizing ○ Self-Help Social Learning Treatment
community-based treatment programs. modality, where PPOs and VPAs create
a therapeutic community for clients.
Core Functions of the PPA: ○ Holistic Approach: Focuses on
relational, emotional, cognitive,
1. Administer Parole and Probation System: spiritual, and vocational skills
Oversee and manage the probation and parole development.
systems. 2. Restorative Justice (RJ):
2. Supervise Offenders: Supervise parolees, ○ A process in which offenders take
pardonees, and probationers. responsibility for their actions and work
3. Promote Offender Rehabilitation: Focus on toward reconciliation and repair.
rehabilitating and correcting criminal ○ Involves the community's participation
offenders. to reintegrate the offender.
3. Volunteerism Program:
Legal Basis of the PPA: ○ Aims to maximize citizen involvement
in offender rehabilitation and crime
1. Presidential Decree No. 968 (1976): Created prevention.
the Probation Administration, later renamed ○ Republic Act No. 9418 (Volunteer Act
PPA. of 2007) promotes volunteer service,
2. Executive Order No. 292 (1987): Renamed the encouraging government and local
Probation Administration to Parole and government units to implement
Probation Administration, adding parole volunteer programs.
supervision functions.
3. Republic Act No. 9165 (2002): Expanded Board of Pardons and Parole (BPP)
duties to supervise minor drug offenders under
suspended sentence. ● Legal Basis: Act No. 4103 (Indeterminate
4. Republic Act No. 10389 (2012): Introduced Sentence Law) of 1933 empowers the Board of
changes to PD 968, focusing on probation and Pardons and Parole to release prisoners on
volunteer probation aides. parole and recommend executive clemency.
5. Executive Order No. 468 (2005): Revitalized ● Functions of the BPP:
the Volunteer Probation Aide Program (VPA). 1. Examine Prisoner Records: Review
the physical, mental, and moral
Structural and Personnel Organization: records of prisoners eligible for parole
or executive clemency.
1. Leadership: The PPA is headed by an 2. Parole Supervision: Assist in the
Administrator and assisted by a Deputy rehabilitation of parolees or those
Administrator, both appointed by the President under conditional pardon with parole
upon recommendation of the Secretary of conditions through supervision.
Justice. These appointees must have public 3. Recommend Executive Clemency:
administration or law degrees and at least one The BPP makes recommendations for
year of supervisory experience in probation the President on granting clemency
work. (excluding those entitled to parole).
2. Technical Service: Assists in the supervision of
parolees and pardonees, jointly determining the Composition of the BPP:
staff complement with the Board of Pardons
and Parole. ● Chairman: Secretary of Justice.
3. Regional, Provincial, and City Offices: ● Vice-Chairman: Administrator of PPA.
○ Offices are established in every region, ● Six Members:
province, and city. ○ Director of Bureau of Corrections.
○ Sociologist.
 ○ Psychologist. ○ The Board sends the Release
○ Clergyman. Document through the Director of
○ Educator. Corrections or Warden, who then
○ Member of the Philippine Bar. certifies the actual date of release.
○ At least one member must be a ○ The Probation and Parole Officer
woman. receives the Release Document.
● Appointments: Members are appointed by the 4. Section 30: Initial Report
President for six-year terms upon the ○ Parolees must present themselves to
recommendation of the Secretary of Justice. the designated Probation and Parole
● Vacancies: In the case of vacancy (death, Officer within the period stated in the
incapacity, etc.), the Secretary of Justice Release Document.
designates a temporary member until the ○ If 45 days pass after release and the
President appoints a new member. parolee fails to report, the PPO must
notify the Board for further action.
Key Concepts to Remember: ○ Amendment to Rule 3.4:
■ Parolee must report to the PPO
1. PPA administers parole and probation within the prescribed period. If
systems, ensuring rehabilitation of offenders not, the PPO will notify the
through community-based programs. Board for action.
2. Parole allows early release of prisoners, while 5. Section 31: Arrival Report
probation provides an alternative to ○ PPO must notify the Board, via the
imprisonment for first-time offenders. Technical Service, within 15 working
3. The Board of Pardons and Parole supervises days upon the parolee’s arrival for
the release of prisoners on parole and makes supervision.
recommendations for executive clemency. ○ Amendment to Rule 3.5:
4. The Volunteer Probation Aide Program ■ PPO should immediately submit
enhances community involvement in the Arrival Report once the
rehabilitating offenders. parolee reports for supervision.
5. Restorative Justice emphasizes repairing
harm and reintegration of offenders into the Mandatory Conditions of Supervision
community.
6. The Parole and Probation Administration 1. Section 32: Mandatory Compliance
works in tandem with the Board of Pardons ○ The client must comply with all terms
and Parole to ensure that offenders are and conditions in the Release
effectively rehabilitated and integrated back Document.
into society. 2. Section 33: Review and Modification of
Conditions
Module 9: Guidelines in Monitoring, Supervision, ○ The Board may modify the conditions of
and Reporting in the Parole and Probation release based on recommendations
Administration (PPA) from the PPO.
3. Section 34: Transfer of Residence
○ A parolee cannot change their residence
Parole Supervision
without written approval from the
Regional Director or Administrator,
1. Section 27: Parole Supervision
confirmed by the Board.
○ After release from prison, a parolee is
○ Amendment to Rule 3.8:
placed under the supervision of a
■ Approval from Regional
Probation and Parole Officer (PPO) to
Director or Administrator is
guide and assist in rehabilitation.
necessary for a residence
○ The parole period extends until the
change, subject to Board
expiration of the maximum sentence, as
confirmation.
indicated in the Release Document,
4. Section 35: Outside Travel
subject to Section 6 of Act No. 4103
○ A Chief PPO may approve travel within
(Early Grant of Final Release and
the jurisdiction for 30 days. For longer
Discharge).
durations, approval from the Regional
2. Section 28: Form of Release Document
Director is needed.
○ The Release Document contains
5. Section 36: Travel Abroad and/or Work
essential details including the parolee's
Abroad
1" x 1" photo and right thumbprint.
○ Parolees can apply for overseas
○ This document must be prescribed by
travel/work only if there are no pending
the Board of Pardons and Parole
criminal cases. The Administrator must
(BPP).
approve, and the Board confirms it.
3. Section 29: Transmittal of Release Document
 6. Section 37: Death of Client Objective:
○ If a parolee dies during supervision, the
PPO must submit a death certificate to ● To provide the Board of Pardons and Parole
the Board to recommend closing the (BPP) with relevant information that helps in
case. determining a prisoner's fitness for parole or
○ If no certificate is available, an affidavit executive clemency.
from the barangay chairman or
authorized officer will suffice. Scope and Beneficiaries:

Infractions/Violations of Release Conditions ● Prisoners confined in jails or prisons serving

indeterminate prison sentences who have
1. Section 38: Progress Report served the minimum period of their sentence,
○ If the parolee commits a new offense and those eligible for executive clemency.
during parole, a Progress Report must ● This includes the investigation and evaluation of
be submitted by the PPO to the Board. prisoners' physical, mental, and moral
2. Section 39: Report of Parole backgrounds, as well as their records from city
Infraction/Violation jails, national penitentiaries, and penal colonies.
○ Any violation of conditions or
non-compliance will be reported as an Purpose:
Infraction Report if the parolee is
convicted of another crime. ● To assess eligibility for parole/executive
○ Amendment to Rule 3.12: clemency and provide useful tools for
■ PPO should submit: rehabilitation programs in prisons and jails.
■ Progress Report (on ● To supply Supervising Officers with necessary
parolee conduct) information for creating supervision plans for
■ Status Report (if prisoners.
another offense occurs
but the case is pending) Parole
■ Infraction Report (if Definition:
convicted of a new
crime) ● Parole is the conditional release of a prisoner
■ Violation Report (for from a correctional institution after serving the
any non-compliance minimum period of their sentence.
with conditions).
3. Section 40: Arrest of Client Key Sections on Parole:
○ Upon receiving an Infraction Report,
the Board can order the arrest or 1. Section 13: Review of Cases for Parole
recommitment of the client. ○ Parole cases are reviewed if the
4. Section 41: Effect of Recommitment prisoner is serving an indeterminate
○ If recommitted, the parolee will serve the sentence (maximum period exceeds 1
remaining portion of their original year) and has served the minimum
maximum sentence. period of their sentence.
5. Section 42: Cancellation of Pardon/Parole 2. Section 14: Grant of Parole
○ The Board can recommend ○ A prisoner may be granted parole if the
cancellation of pardon or parole if: Board finds a reasonable probability
■ False or incomplete information that the prisoner will be law-abiding
was provided to the Board. and that their release is not incompatible
■ Material facts were concealed with society’s welfare.
by the parolee. 3. Section 15: Disqualification for Parole
6. Section 43: Review of Recommitted Parolee’s Disqualified prisoners include:
Case ○ Those convicted of Death Penalty,
○ The Board may reconsider the case of Reclusion Perpetua, or Life
a recommitted parolee after they have Imprisonment.
served 1/4 of the unserved portion of ○ Those convicted of treason,
their sentence. espionage, misprision of treason,
rebellion, sedition, or coup d'état.
Module 10: Disqualification, Cancellation, and ○ Those convicted of piracy or mutiny on
Revocation of Pardon and Parole the high seas or Philippine waters.
○ Habitual delinquents (convicted thrice
Investigation of Board of Pardons and Parole within 10 years for crimes like serious
Referrals physical injuries, robbery, theft,
estafa, and falsification).
 ○ Prisoners who escaped confinement or ○ The Board considers the following
evaded their sentence. documents:
○ Those who violated the terms of 1. The carpeta (prison record) of
Conditional Pardon. the prisoner.
○ Prisoners whose maximum sentence 2. Relevant documents like the
does not exceed 1 year or have a mittimus or commitment
definite sentence. order, prosecutor’s
○ Prisoners suffering from mental information, and the court’s
disorders, certified by a government decision.
psychiatrist/psychologist. ○ If the prisoner had co-accused, their
○ Those with pending criminal cases or prison records will also be reviewed.
whose conviction is on appeal. 5. Section 21: Factors for Conditional Pardon,
4. Section 16: Deferment of Parole When Safety Commutation, or Parole
of Others Is Compromised ○ The Board will consider the following
○ If evidence from a Pre-Parole factors:
Investigation shows that releasing a 1. Age of the petitioner, the
prisoner would endanger their life, the gravity of the offense, the
lives of their relatives, the victim, manner it was committed,
witnesses, or the community, the institutional behavior, and
parole will be deferred until the danger prior criminal record.
ceases. 2. Evidence showing the petitioner
will be legitimately employed
Proceedings of the Board upon release.
3. Availability of a place to reside
1. Section 17: Interview of Prisoners after release.
○ A Board member or authorized 4. Availability of after-care
government official may interview services for elderly, ill, or
prisoners to assess whether they physically disabled petitioners.
should be recommended for parole or 5. The petitioner’s attitude
executive clemency. towards the offense and
○ Prisoners sentenced to Reclusion degree of remorse.
Perpetua or Life imprisonment, or 6. The risk posed to others,
those whose sentence was commuted including the victim, their
from Death to Reclusion Perpetua, family, witnesses, and the
will undergo an interview. community, including the
○ Prisoners convicted of heinous crimes potential for retaliation.
(under RA No. 7659) may need a
psychological/psychiatric Important Terms and Concepts to Remember:
examination before the interview if they
have a history of mental instability or ● Parole: Conditional release of a prisoner after
the crime committed was particularly serving the minimum sentence.
violent. ● Executive Clemency: The act of pardoning or
2. Section 18: Publication of Eligible Prisoners reducing the sentence of a prisoner.
○ The Board will publish in a newspaper ● Board of Pardons and Parole (BPP): The
of general circulation the names of governing body responsible for reviewing parole
prisoners: cases and making recommendations.
1. Convicted of heinous crimes. ● Pre-Parole Investigation Report: A report
2. Sentenced to Reclusion prepared before parole to assess the safety
Perpetua or Life risks of releasing a prisoner.
imprisonment. ● Disqualification for Parole: Prisoners
○ These prisoners may be considered for convicted of heinous crimes, habitual
release on parole or executive delinquents, those with mental disorders, or
clemency. those with pending cases are disqualified from
3. Section 19: Objections to Petitions parole.
○ If an objection is filed against a ● Deferment of Parole: Parole may be delayed if
prisoner's parole/executive clemency, releasing a prisoner poses a danger to them,
the Board may request the objecting their family, the victim, or the community.
party to provide evidence. ● Carpeta: The prison record of a prisoner, used
○ Objections will not automatically to assess their suitability for parole.
disqualify the prisoner from being
considered for clemency or parole.
4. Section 20: Documents to be Considered
Key Points to Remember:

● Parole Supervision: Managed by PPOs to

ensure parolees' rehabilitation and successful
reintegration into society.
● Release Document: Contains essential
information, including photograph, thumbprint,
and parole terms.
● Conditions: Compliance with conditions is
mandatory, and any violation can lead to
recommitment or cancellation of parole.
● Travel: Any travel outside jurisdiction or abroad
requires prior approval from the appropriate
authorities.
● Infraction Reports: Required if parolees violate
conditions or commit new offenses during
parole.
● Recommitment: If recommitted, parolees must
serve the unexpired portion of their sentence.