NON-INSTITUTIONAL CORRECTIONS time of sentencing.

John Augustus attended police court

to bail out a "common drunkard," the first probationer.
The offender was ordered to appear in court three weeks
Non-Institutional Corrections or Community-based later sentencing. He returned to court a sober man,
programs- These refer to the correctional activities that accompanied by Augustus.
may take place within the community, where the person is
subjected to the following privileges Probation, Parole, Matthew Davenport Hill, held as the “Father of Probation
and Executive Clemencies. in England”- an English lawyer and penologist. Taking
interest in questions relating to the treatment of criminal
Non-Institutional Corrections/Community based- offenders, he publicly aired opinions which were the
correction is a supervised program dealing with people means of introducing many reforms in the methods of
who have been convicted or are facing conviction. It dealing with crime. An English magistrate practiced his
includes probation, which involves offender supervision methods which includes suspending judgment and
under the control of the sentencing court, and an array of releasing the convicts on his own recognizance with a
intermediate sanctions, in the form of programs that pledge not to commit any crimes. He worked for the
provide greater supervision and treatment than the guardianship of parents and employers of juvenile and
traditional probation but are less intrusive than first-time offenders to save them from the stigma of prison
imprisonment. life.

The Goals of Community Correction Programs Edward N. Savage, a Boston chief of police was named
1. The offender is punished and held accountable probation officer and was held as the first probation officer
2. Public safety is protected employed by the government.
3. Victims and local communities receive restitution from
felon who works in their present jobs and/or in restitution Governor Alexander B. Rice,The first probation law was
programs. passed on April 26, 1878 by the legislature of
4. Community service work increases Massachusetts and was signed by Governor A. Rice. The
5. Collection of court costs and fees increase due to first statute provided for a paid probation officer for adult
contractual agreements with offenders who remain in offenders. It provided for the appointment and prescribed
their present jobs. the duties of salaried or paid probation officers for the
courts.

PROBATION Father Cook, also from Boston, became interested in

youth who were tried before in courts and whose cases
Probation is a procedure under which the court releases were due to circumstances rather than character. After
a defendant found guilty of a crime without imprisonment investigating each case and finding the offender not too
subject to the condition imposed by the court and subject hardened and still susceptible to reform, he made himself
to the supervision of the probation service. available to the court as an adviser to these offenders.
The concept of probation is from the Latin word probatio – Judges realize the importance of his work in reform of the
meaning “testing period”. young criminals so they placed convicted young offenders
A term coined by John Augustus, from the Latin verb under his charge in 1878.
"probare" – which means to prove or to test.

Probation is a part of the correctional system. It cannot The following practices were regarded by penologists
be properly considered as an independent subject. It is as precursors of probation:
only a phase of penology, and therefore, it must be viewed 1. Benefit of the Clergy- during the time when the
in its relation to other aspects of the enforcement of the influence of the church which has so vast that even
criminal laws and its proper perspective. It is a part of an monarchs follow its decree, an erring member of the
entire structure and only a single feature of a well-rounded clergy who has been brought to trial to be examined by
correctional process. Probation is a form of treatment of the kings’ court may be claimed by the bishop or chaplain
the convicted offender. It is not a clemency, pity or on the grounds that clergymen are subject to the authority
leniency to the offender, but rather a substitute for and jurisdiction of the ecclesiastical courts. Leniency has
imprisonment. been manifested in the sentencing of the said jury if found
guilty.
Probationer means a person placed on probation.
Probation Officer means one who investigates for the 2. Judicial Reprieve- a device for modifying the severity
court a referral for probation or supervises a probationer of the law, by temporary suspension of the sentence
or both. imposed by the court. This practice was much used by the
early English judges and grew up at a time when new
trials or appeals to another court were impossible under
HISTORY OF PROBATION the common law, but it continued in use thereafter.

John Augustus, a Boston boot maker was held as the 3. Recognizance- This has been viewed as the practice
"Father of Probation"/ “Father of Probation in the United which led to the development of probation service in 1861.
States of America”.His method of providing bail for This is an old method of suspending or deferring judgment
temporary suspension or postponement of sentence involving an obligation or promise on the part of the
during which he offered assistance by way of counsel, offender sworn under court order not to violate any law in
finding homes, securing employment and helping the the future and release is obtained granting that those
offenders solve their family difficulties in adjustment. Even conditions were met.
though there were traces of practices similar to his system
of probation dating back to 437 B.C. 4. Transportation- This refers to the old practice of exile
or banishment which lasted for an approximate period
Probation first developed in the United States when John covering two centuries as the primary method of dealing
Augustus, persuaded a judge in Boston Police Court in with criminal offenders. Colonies that benefit from this
1841 to give him custody of convicted offender, for a brief method of dispensing with prisoners got cheaper labor as
period then helped the man to appear rehabilitated by the a substitute for a harsh penalty.
 On November 1989 a new administration code transferred
the function of supervising parole and pardoned officers
HISTORY OF PROBATION IN THE PHILIPPINES from trial courts to the probation administration. The code
also changed the name of the agency to Parole and
Presidential Decree 968 which established a probation Probation Administration (PPA) in order to reflect the
system as a less costly alternative to the imprisonment of changes made by said law. in 1991, the PPA was
offenders who are likely to respond to individualized, assigned the new task of conducting pre-parole and
community-based treatment programs are the second executive clemency investigations in all city and provincial
legislation that enforces a probation system in the jails and preparing pre-parole reports for the board of
country. pardons and parole.

The first legislation was ACT NO. 4221 enacted by the At present, some bills filed in Congress to extend the
Probation Officer under the Department of Justice, led by coverage of the Probation Law to include offenders
a Chief Probation Officer appointed by the American sentenced to twelve (12) years imprisonment instead of
Governor-General with the advice and consent of the U.S. the present ceiling of six (6) years. There are also moves
SENATE. However, because of some defects in the law to amend or repeal P.D. No. 1990 which provides that an
Act No. 4221 was declared unconstitutional on November application for probation shall no longer be entertained or
16, 1937, in the case of People vs. Vera (37 O.G. 164), for granted if the convicted offender has appealed against the
undue delegation of legislative power. In PEOPLE VS. conviction.
VERA (37 O.G. 164). Purpose of probation
The purposes of probation are as follows:
The constitutionality of the probation law (Act No.  To protect society through controlled programs of
4221) was challenged on three (3) grounds: supervision of offenders;
1. That said act encroaches upon the pardoning power of  To promote correction and rehabilitation of offenders
the chief executive/president: by providing them with individualized treatment;
2. That it constitutes an undue delegation of legislative  To provide an opportunity for the reformation of a
power; and particular offender which might be less probable if he
3. That it denies the equal protection of laws. were to serve a prison sentence;
 To prevent the commission of the offense; and
In 1966, HOUSE BILL NO. 393 sponsored by then-  To reintegrate the offender into society.
Congressman TEODULO C. NATIVIDAD and RAMON
BAGATSING tried to revive the Probation System but did GRANT OF PROBATION
not pass Congress. Probation is a privilege granted by the court; it cannot be
availed as a matter of right by the person convicted of a
PRESIDENTIAL DECREE NO. 603, otherwise known as crime. To be able to enjoy the benefits of probation, it
the CHILD AND YOUTH WELFARE CODE was passed must be first shown that the applicant has none of the
to avail, PROBATION TO MINOR OFFENDERS. It disqualifications imposed by the law.
amended Article 80 of the Revised Penal Code by raising
the age of minority to under 21 years of age at the time of
the commission of the offense. The turning point of the Are all convicted persons who are not disqualified
Probation law came in late 1974 when National Defense entitled to probation automatically?
Secretary JUAN PONCE ENRILE as concurrent chairman No. The court will not grant probation if, after an
of NAPOLCOM investigation conducted by the probation officer, it finds
created the Inter-Disciplinary Committee on crime that:
Prevention chaired by then-commissioner TEODULO C.  The offender can be treated better in an institution or
NATIVIDAD. other places for correction;
 The offender is a risk to the community;
The NAPOLCOM, acting on a report submitted by the  Probation will depreciate the gravity of the offense.
Philippine Delegation to the 5th UN CONGRESS on the
Prevention of Crime and the Treatment of Offenders, Who are qualified for probation?
created an interdisciplinary committee tasked with Any sentenced offender, 18 years of age and above not
formulating a National Strategy to Reduce Crime and draft otherwise disqualified under PD 968 as amended can
a Probation Law. On July 22-24 1976, the First National A apply for probation before serving the sentence which may
conference on a strategy to reduce crime was held at either be imprisonment or a fine with subsidiary
Camp Aguinaldo, Quezon City. This was attended by imprisonment, or both imprisonment and fine.
nearly 800 delegates, guests, and observers from various
components of the Criminal Justice System. DISQUALIFIED FOR PROBATION UNDER PD 968
 Sentenced to serve a maximum term of imprisonment
After many hearings and extensive consultations, the draft of more than six years
decree was presented to a selected group of 369 jurists,  Convicted of subversion or any offense against the
penologists, civic leaders, and Social and Behavioral security of the State, or the Public Order;
Scientists and practitioners. These selected groups  A person who has previously been convicted by final
overwhelmingly endorsed the establishment of an ADULT judgment of an offense punished by imprisonment of
PROBATION SYSTEM in the country. Based on said not less than one month and one day and/or a fine of
endorsement, on July 24, 1976, PRESIDENTIAL not more than Two Hundred Pesos
DECREE NO. 968, otherwise known as the ADULT  A person who has been once on probation under the
PROBATION LAW OF 1976, was signed into law by then provisions of PD 968
PRESIDENT FERDINAND E. MARCOS. P.D. NO. 968  A person who is presently serving his sentence in jail.
establish the PROBATION ADMINISTRATION UNDER
THE DEPARTMENT OF JUSTICE (DOJ). P.D. NO. 968 DISQUALIFIED FOR PROBATION UNDER RA 10707
seeks to afford adult offenders what others like drug (an act amending PD 968)
addicts and youth are already enjoying under existing laws SEC. 9. Disqualified Offenders. — The benefits of this
and what offenders in other countries have long been Decree shall not be extended to those:
entitled to.  Sentenced to serve a maximum term of imprisonment
of more than six (6) years;
 Convicted of any crime against national security; The probation order shall take effect upon its issuance.
 Who have previously been convicted by final
judgment of an offense punished by imprisonment of The Parole and Probation Administration- is an
more than six (6) months and one (1) day and/or a attached agency of the Department of Justice that
fine of more than one thousand pesos (P1,000.00); provides a less costly alternative to imprisonment of the
 Who have been once on probation under the offenders who are likely to respond to individualized
provisions of this Decree; and community-based treatment programs.
 Who are already serving sentence at the time the
substantive provisions of this decree became Mandate under PD 986:
applicable pursuant to Section 33 hereof.” Mandated to
1. Promote the correction and rehabilitation of an offender
Probation may not be granted in cases of violation of by providing him with individualized community treatment;
the following special laws: 2. Provide an opportunity for the reformation of a penitent
 Offenders found guilty of any election offenses in offender which might be less probable if he were to serve
accordance with Section 264 of Batas Pambansang a prison sentence; and
Bilang 881(Omnibus Election Code) 3. Prevent the commission of an offenses
 Offenders found guilty of violating RA No. 6727
(Wage RATIONALIZATION Act as amended; Rights and duties of the probationer
 Offenders found guilty of violating RA No. 9165, The Mandatory Conditions
Comprehensive Dangerous Drugs of 2002, except  The probationer must present himself to his Probation
sections 12, 14, 17, and 70. Officer within seventy-two (72) hours from the receipt
Similarly, a petitioner who appealed his/her probational of the said order;
penalty is disqualified to avail the benefits of probation.  Report to his Probation Officer-in-charge of his
supervision at least once a month at such time and
Application for probation place as specified by said officer.
The application shall be filed with the trial court that tried
and sentenced the offender at any time after the Special or Discretionary Conditions
conviction and sentence but within fifteen (15) days after The court may also require the probationer to:
the promulgation of judgment.  Cooperate with a program of supervision;
 Meet his family responsibilities;
How many times can one be granted probation?  Devote himself to specific employment and not
An offender can be granted probation once in his lifetime. change said employment without the prior written
approval of the Probation officer;
Essential Elements of Probation  Undergo medical, psychological, or psychiatric
As provided for by the Probation Act of 1976 (PD 968), examination and treatment and enter and remain in a
there are four essential elements of the Adult Probation specified institution, when required for that purpose;
System:  Pursue a prescribed secular study or vocational
 A post-sentence investigation report which will serve training;
as the informational basis for the court’s decision to  Attend or reside in a facility established for
grant or deny probation. (Sec.5) instruction, recreation, or residence of persons on
 The conditional suspension of execution of sentence probation;
by the court. (Sec.4)  Refrain from visiting houses of ill repute;
 Conditions of probation imposed by the court to  Abstain from drinking intoxicating beverages to
protect public safety and to foster the rehabilitation excess;
and reformation of the probationer. (Sec.4)  Permit the probation officer or an authorized social
 Supervision, guidance, and assistance of the offender worker to visit his home and place of work;
by a probation officer. (Sec. 15)  Reside at premises approved by it and not to change
his residence without its prior written approval; or
PROBATION PROCESS  Satisfy any other condition related to the rehabilitation
The defendant must file before the trial court an of the defendant and not unduly restrictive of his
application for probation within 15 days after he has been liberty or his freedom of conscience.
sentenced but before he begins to serve the sentence. If
the defendant has been convicted and has appealed the A probation order shall take effect upon its issuance at
sentence of conviction, an application for probation cannot which time the court shall inform the offender of the
be entertained (PD 1990). The prosecuting officer consequences thereof and explain that upon his failure to
concerned shall be notified by the Court of the filing of comply with any conditions prescribed in the said order or
such application and may submit his comments within 10 his commission of another offense, he shall serve the
days from notice. penalty imposed for the offense under which he was
The application should be entertained by the court by placed on probation.
ordering the probation officer to conduct an investigation
of the offender provided he is not disqualified under the Any violation of any of the conditions may lead either to a
decree, while it is discretionary with the court to grant or more restrictive modification of the same or the
deny an application for probation, the Probation Law revocation of the grant of probation. Consequent to the
requires that an investigation be first conducted by the revocation, the probationer will have to serve the sentence
probation officer who shall submit his report within 60 originally imposed.
days from receipt of the court's order. Only thereafter shall
the court resolve the application, an outright denial by the Period of probation
court is a nullity correctable by certiorari.  Not more than two (2) years if the probationer was
sentenced to imprisonment of one (1) year or less;
Post-Sentence Investigation: The post-sentence  Not more than six (6) years if the probation was
Investigation (PSI) and the submission of Post Sentence sentenced to imprisonment of more than one (1)
Investigation (PSIR) is the prerequisite to the court year;
disposition on the application.
Civil liability of the convicted offender granted to avail the Violation of probation
benefits of probation is not affected.
The probation officer investigates the alleged violation and In 1837 Alexander Maconochie, a retired British naval
if it is established, a report is submitted to the court. There captain, and professor of geography proposed to the
can be a modification of the condition of probation by the House of Commons a system whereby the duration of the
court, depending on the nature and seriousness of the sentence would be determined not by time but by the
violation; prisoner’s industry and good conduct.
There is also the possibility of arrest including criminal He proposed a marks system by which “marks” or credits
prosecution of the probationer in the event of the would be credited daily to prisoners in accordance with
commission of another offense. The revocation their behavior and the amount of labor they performed. As
proceeding is a summary. If the court finds the probationer prisoners’ demonstrated evidence of good behavior and a
guilty of serious violation of the conditions of probation he good work ethic, their freedom and privileges gradually
may be ordered to serve the original sentence imposed on increased. Marks were deducted for negative behavior.
him. Maconochie’s system allowed prisoners to move from
strict imprisonment to labor in work gangs, through
Revocation of probation conditional release around the island, and finally to
At any time during probation, the court may issue a complete restoration of liberty.
warrant for the arrest of a probationer for any serious
violation of the conditions of probation. The probationer, Sir Walter Crofton and the Irish System
once arrested and detained, shall immediately be brought Sir Walter Crofton, who had studied Maconochie’s
before the court for a hearing of the violation charged. innovations on Norfolk Island, became the administrator of
Grounds for revocation of probation the Irish prison system in 1854. Crofton adopted the use
 Failure to comply with any condition of the marks system inside prison. Under Crofton’s
 Commission of another offense. administration, the Irish system became renowned for its
three levels: strict imprisonment, indeterminate sentence,
Termination of probation and ticket-of-leave. Each prisoner’s classification was
After the period of probation and upon the considerations determined by the marks he or she had earned for good
of the report and the recommendation of the probation conduct and achievement in industry and education, a
officer, the court may order the final discharge of the concept borrowed from Maconochie’s experience on
probationer after finding that he has fulfilled the terms and Norfolk Island.
conditions of his probation and thereupon the case is
deemed terminated.
The final discharge of the probationer shall restore his PAROLE IN THE PHILIPPINES
civil rights which were suspended during the period of
probation. At this point, all civil and criminal liability on the Parole in the Philippines is governed by the
part of the probationer shall be distinguished. INDETERMINATE SENTENCE LAW, also known as ACT
NO. 4103, Dated December 05, 1933, and this law was
Modes of terminations subsequently amended by ACT No. 4225, and later on
 The successful completion of the program of June 19, 1965, by Republic Act No. 4203.
probation.
 Revocation for cause, or death of the probation. PAROLE ADMINISTRATION IN THE PHILIPPINES
Parole in the Philippines is administered by the Board of
Legal effects of discharge Pardons and Parole, which shall compose of the
1. Probation shall restore to him all civil rights lost or Secretary of Justice as chairman and four members to be
suspended as a result of the conviction. appointed by the President with the consent of the
2. Shall fully discharge his liability for any fine imposed as Commission on Appointments and shall hold office for four
to the offense for which probation was granted. tears of the appointed members, one member shall be
trained sociologist, one clergyman or educator, one
psychiatrist, and other members shall be persons qualified
PAROLE for the work by training and experience. At least one
member of the board must be a woman.
Parole refers to the conditional release of an offender
from a correctional institution after he has served the
minimum period of his prison sentence. Effect of parolee's good behavior
If during the surveillance such a parole prisoner shall
PAROLE- was derived from the French word “Parole d’ show himself to be a law-abiding citizen and shall not
honeur” meaning word of honor and is used in violate any of the laws of the Philippine Islands, the Board
connection with the release of prisoners derived from the of Indeterminate sentence may issue a final certificate of
idea that they were released on their word of honor. The release in his favor, which shall entitle him to final release
parole system in the Philippines is governed by the and discharge.
Indeterminate Sentence Law also known as Act No. 4103
enacted on December 5, 1933, and this law was Violation of parole conditions by parole its effects
subsequently amended by Act 4225 and later on June 19, When any prisoner released on parole by virtue of this act,
1945, it was amended by RA 4203. shall, during the period of surveillance, violate any
condition of his parole, the Board of Indeterminate
Sentence may issue an order for his re-arrest which may
ORIGIN OF DEVELOPMENT OF PAROLE serve in any part of the Philippine Islands by any police
officer. In such case, the prisoner so re-arrested shall
Captain Alexander Maconochie, penal superintendent at serve the remaining unexpired portion of the maximum
Norfolk Island colony, Australia, in 1840 originated the use sentence for which he has originally committed the prison
of a ticket of leave or conditional release equivalent to unless the Board of Indeterminate Sentence shall grant
parole. Alexander Maconochie was then called the Father new parole to the said prisoner.
of Parole.
Essential elements of parole
 That the offender is convicted;
Marks system  That he serves part of his sentence in prison;
 That he is released before the full expiration of his Deferment of parole
sentence; When safety is compromised; if there is clear and
 That said release is conditional, depending on his convincing evidence that the release of parole will
good behavior; and endanger his own life or those of his/her relatives or of the
 That he remains on parole until the expiration of his victim his/her relatives, witnesses, and the community on
maximum sentence. the basis of pre-parole investigation, the release shall be
deferred until the danger ceases.
Objectives of parole
1. To uplift and redeem valuable human resources GRANT OF PAROLE: The Board may grant if the
material to economic usefulness; following are present:
2. To prevent unnecessary and excessive deprivation of 1. That the prisoner is fitted by his training for release
personal liberty. 2. That there is a reasonable probability if released to live
and live and remain at liberty without violating the law.
Eligible for parole 3. That his release will not be incompatible with the
A prisoner is eligible for the grant of parole unless welfare of society.
otherwise disqualified upon showing that is confined in a
jail prison to serve an indeterminate prison sentence, the PAROLE SUPERVISION: An essential feature of parole is
maximum period of which exceeds one (1) year, pursuant the supervision of the offender during the remaining part
to a final judgment of conviction and that he has served of the sentence after his release from prison. Parole
the minimum period of a said sentence less the good supervision shall seek to ensure faithful compliance by the
conduct time allowance earned. client with the terms and conditions for his release and
bring about his rehabilitation and early re-integration into
the community. It shall be deemed to start on the date the
client presents his Release Document to the Office and
Pre-parole-investigation submits himself for supervision. The period of parole
The Parole and Probation Administration – conducts the supervision shall extend up to the expiration of the
pre-parole investigation of all the sentence prisoners maximum sentence which should appear in the Release
confined in prisons and jails within their jurisdiction. The Document.
purpose is to determine whether the offenders confined in
prisons/ jails are qualified for parole or any form of Parole Supervision: the parolee shall be placed under the
executive clemency. supervision of the parole and probation officer under the
PPA.
Discharge on parole
A prisoner may be granted a Discharge on Parole Prisoners after release from confinement must
whenever the Board finds that there is a reasonable present himself
probability that if released, the prisoner will be law-abiding Within the period prescribed in his release document, the
and that his release will not the interest and welfare of prisoner shall present himself to the Parole and Probation
society. Office specified in the release document, under the
supervision of a Parole and Probation Officer so that the
Order of release of the prisoner on parole former may be guided and assisted towards rehabilitation.
The Board of Pardons and Parole will order the release
from confinement of a prisoner granted parole. Infraction of the terms of parole supervision
Any infraction by a client of the terms and conditions
Disqualified for parole appearing in his release document or any serious
Under Section 15 of the Revised Rules and Regulations of deviation or non-observance of the obligations set in the
the Board and Pardons and Parole, the following are parole supervision program shall immediately be reported
disqualified from availing of Parole: by his Parole and Probation Officer to the Board.

“SECTION 15. Disqualification for Parole. The Arrest of the client of parole
following prisoners shall not be granted parole: Upon receipt of an infraction report, the Board shall
a. Those convicted of an offense punished with the Death immediately order the arrest of the client of Parole and
penalty, Reclusion Perpetua or Life imprisonment; shall be made to serve the remaining unexpired portion of
b. Those convicted of treason, conspiracy, or proposal to the maximum sentence for which he was originally
commit treason or espionage; committed to prison.
c. Those convicted of misprision of treason, rebellion,
sedition, or coup d’état; Termination of parole
d. Those convicted of piracy or mutiny on the high seas or After the expiration of the maximum period of the
Philippine waters; sentence a client provided he does not commit any
e. Those who are habitual delinquents i.e. those who, infraction and the Board may, upon the recommendation
within a period of 10 years from the date of release from of the Parole and Probation Officer, issue a Certificate of
prison or the last conviction of the crimes of serious or Final Release and Discharge to a Parole.
less serious physical injuries, robbery, theft, estafa, and
falsification, are found guilty of any of said crimes a third
time or oftener;
f. Those who escaped from confinement or evaded EXECUTIVE CLEMENCY
sentence;
g. Those who were granted Conditional Pardon and It refers to the COMMUTATION OF SENTENCE,
violated any of the terms thereof; ABSOLUTE PARDON, AND CONDITIONAL PARDON,
h. Those whose maximum term of imprisonment does not with or without the parole conditions, as may be granted
exceed one (1) year or those with definite sentences; by the President of the Philippines upon the
i. Those suffering from any mental disorder as certified by recommendation of the Board of Pardons and Parole.
a government psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.” COMMUTATION OF SENTENCE
It is a change of the decision of the court made by the 3. Pardon is exercised only after conviction.
Chief Executive by reducing the degree of the penalty
inflicted upon the convict, or by decreasing the length of Conditional pardon distinguished parole
the imprisonment of the original sentence. The purpose of conditional pardon and parole is the same-
Purposes of Commutation the released prisoner who is already reformed in order
 To break the rigidity of the law. that he can continue to serve his sentence outside of the
 To extend parole in cases where the parole law does institution, thus giving him the opportunity to gradually
not apply. assume the responsibilities of a freeman. Both releases
 To save the life of a person sentenced to death. are subject to the same set of conditions that will subject
the parolee or pardonee to be recommitted to prison.
What specific cases may be granted?  In parole, the granting authority is the Board of
1. When the convict sentenced to death is over 70 years Pardons and Parole.
of age;  In Conditional Pardon (in Absolute Pardon also) the
2. When justices of the Supreme Court failed to reach a granting authority is the President.
decision for the affirmation of the death penalty;

AMNESTY
PARDON
Is a general pardon extended to a group of persons and is
It is a form of executive clemency that is exercised by the generally exercised by President/ Chief Executive with the
Chief Executive. It is an act of grace and the recipient of concurrence of congress. Usually, the recipient of
pardon is not entitled to it as a matter of right. amnesty is political offenders.

Kinds of pardon When to avail of amnesty?

1. Absolute Pardon- It is the total extinction of the Amnesty can be availed of before, during, and after the
criminal liability of the individual to whom it is granted trial of the case, even after conviction.
without any condition whatsoever resulting in the full Amnesty is a blanket pardon granted to a group of
restoration of civil rights. prisoners, generally political prisoners.
Purposes of absolute pardon:
 To do away with the miscarriage of justice. Effect of amnesty
 To keep punishment abreast with the current An act of forgetfulness. i.e. it puts into nothingness the
philosophy concept or practice of criminal justice offense of which one is charged so that the person acts as
administration. if he had never committed the offense.
 To restore full political and civil rights of persons who Crime committed
have already served their sentence and have waited Amnesty is for crimes against the sovereignty of the state
the prescribed period. (ex. political offense).
Consent of congress
Effects of absolute pardon Amnesty is by proclamation with the concurrence of
Absolute Pardon does not work to restore the right to hold congress, and it is a public act, that the court should take
public office or the right to suffrage unless such rights are judicial notice of.
expressly restored by the terms of pardon. A pardon does
not exempt the offender from the payment of civil Difference between amnesty and pardon
indemnity imposed upon him by the sentence. Absolute
pardon totally extinguishes criminal liability but not the Pardon Amnesty
right of the offended party to enforce civil liability against includes any crime and is is a blanket pardon
the offender. exercised individually by granted to a group of
the Chief Executive or prisoners, generally
2. Conditional Pardon- it is the conditional exemption of President political prisoners.
a guilty offender for the punishment imposed by the court. exercised when the may be given before a trial
Conditional pardon serves the purpose of releasing person is already or investigation is made
through executive clemency, a prisoner who is already convicted
reformed or rehabilitated but who cannot be paroled
because the parole law does not apply to him.
REPRIEVE

Nature of conditional pardon It is a temporary stay execution of the sentence. Like

Conditional pardon is in the nature of a contract so it must pardon, the President can only exercise reprieve when the
first be accepted by the recipient before it takes effect. sentence becomes final. Generally, a reprieve is extended
The pardonee is under obligation to comply strictly with to death penalty prisoners. The date of execution of the
the conditions imposed therein, otherwise, his non- sentence is set back several days to enable the Chief
compliance will result in the revocation of the pardon. (Art Executive/President to study the petition of the
95, RPC) If the pardonee violates any of the conditions of condemned man for commutation of sentence or pardon.
his pardon, he will be prosecuted criminally as a pardon
violator. Upon conviction, the accused will be sentenced to
serve imprisonment of prison correctional. However, if the
penalty remitted by granting such a pardon be higher than
six years, the pardonee will be made to serve the
unexpired portion of his original sentence. (Art 159, RPC)

Limitations on the pardoning power of the state

1. Pardon cannot be extended to cases of impeachment.
2. No pardon, parole, or suspension of sentence for the
violation of any election law may be granted without a
favorable recommendation of the commission on
elections.
 REPUBLIC ACT NO. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE “PROBATION LAW OF
1976”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to read as follows:

“SEC. 4. 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.”

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6)
months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree; and
“e. who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to
Section 33 hereof.”

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as follows:
“SEC. 16. 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.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. — Regional, Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments and
to take depositions in connection with their duties and functions under this Decree. They shall also have, with respect to
probationers under their care, the powers of a police officer. They shall be considered as persons in authority.”

SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be necessary to enable them to carry out their duties effectively.”

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole Officers in the supervised
treatment program of the probationers, the Probation Administrator may appoint citizens of good repute and probity, who
have the willingness, aptitude, and capability to act as VPAs.
“VPAs shall not receive any regular compensation except for reasonable transportation and meal allowances, as may be
determined by the Probation Administrator, for services rendered as VPAs.
“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just cause. Their functions,
qualifications, continuance in office and maximum case loads shall be further prescribed under the implementing rules
and regulations of this Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city probation office. In order to strengthen
the functional relationship of VPAs and the Probation Administrator, the latter shall encourage and support the former to
organize themselves in the national, regional, provincial, and city levels for effective utilization, coordination, and
sustainability of the volunteer program.”
SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the provisions hereof not affected by
such declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules and regulations or parts
thereof which are inconsistent with this Act are hereby amended, repealed or modified accordingly.

SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions of this Act shall be included in
the General Appropriations Act of the year following its enactment into law.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the approval of this Act, the
Department of Justice shall promulgate such rules and regulations as may be necessary to carry out the provisions of this
Act.

SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the Official Gazette or in two (2)
newspapers of general circulation.

Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House of Representatives

(Sgd.) FRANKLIN M. DRILON

President of the Senate

This Act which is a consolidation of Senate Bill No. 2280 and House Bill No. 4147 was finally passed by the Senate and
the House of Representatives on September 15, 2015 and September 14, 2015, respectively.

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Representatives

(Sgd.) OSCAR B. YABES

Secretary of the Senate

Approved: NOV 26 2015

(Sgd.) BENIGNO S. AQUINO, III

President of the Philippines