UNIVERSITY OF EASTERN PHILIPPINES

COLLEGE OF ARTS AND COMMUNICATION

COLLEGE OF CRIMINAL JUSTICE

NON-INSTITUTIONAL CORRECTION
INTRODUCTION TO COMMUNITY-BASED CORRECTION
At present, correction as a pillar of our Justice System, is in front of so many problems and
controversies. Among of its palpable problems are overcrowded jails and prison facilities. Despite of public
clamor, the government cannot afford to lock-up all convicted individuals. Society has all the reasons to
condemn convicts but in so doing, they (offenders) are just pushed for the continuance of their unlawful
activities. Study shows that many convicted persons who have been incarcerated in jails or prisons, when they
return to community are most likely reengaged to the same kind of offense, or to some other types of anti-
social activities which if not in the same degree with the first offense, is more serious. It is also an accepted
fact that putting all convicted individuals in jail or prison facilities will definitely prejudicial to the government
considering that they consume so much of government funds and resources. These are the common reasons
for the promotion of community-based correction approach in lieu of institutional correction.

COMMUNITY-BASED CORRECTION PROGRAMS

1. PROBATION – Is a disposition, under which a defendant after conviction and sentence, is released subject
to the condition imposed by the Court and to the supervision of a probation officer
2. PAROLE – A conditional release from prison of a convicted person upon service of the minimum of his
indeterminate penalty.
3. PARDON – A form of executive clemency which is exercise exclusively by the Chief Executive. Pardon may
be given conditionally (conditional pardon) or unconditionally (absolute pardon). For the
purpose of Non-Institutional Correction, it is the Conditional Pardon with parole conditions is
under consideration.

ENTITIES OF THE GOVERNMENT TASK FOR PROVIDING COMMUNITY-BASED CORRECTION

1. Parole and Probation Administration (PPA)
* Conduct investigations of all cases in relation to parole,
probation and pardon
* Responsible for the supervision of all parolees, probationers and
conditional pardon grantees
2. Board of Pardon and Parole (BPP)
* Authority in granting parole
* Responsible for recommending the grant of pardon and executive
clemency to the president
3. Department of Social Welfare and Development (DSWD)
* Handling cases of Child in conflict with the Law (CICL)
_______________________________

PROBATION
Probation is a term derived from the Latin word ‘probare’ which means to prove or to test, which was
coined by John Augustus.
The law defined probation as a disposition, under which a convicted individual is released subject to
the condition imposed by the Court and to the supervision of a probation officer
Predecessors of Probation
Money Compensation – Is the precursor of our use of fines and restitution. Slaves having nothing of value to
offer as compensation received unmitigated cruel punishments.

Cities of Refuge – These are sanctuaries where the accused was safe, pending an investigation of his criminal
responsibility. This was introduced by the Jewish Law for those who killed without premeditation.
Consideration was also given to individuals committed lesser penalties for impulsive offenses than for planned
murder.

Benefit of the Clergy – Seems to be the earliest device for softening brutal severity of punishment. Church
maintained that a member of the clergy brought to trial by King’s Court might be claimed from the jurisdiction
by the bishop or chaplain representing the offender, on the ground that he, the prisoner, was subject to

1
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

authority of the ecclesiastic courts only.

Judicial Reprieve – A temporary withholding of sentence, practiced by the English Court. They grant reprieves
to prisoners under sentence of death on condition that they accept deportation/transportation.

Banishment – Is the transportation of offenders, it has flourished for more than 200 years as a principal
method of disposing offenders

Recognizance – It originated as a measure of preventive justice, involving an obligation or promise, sworn to

under court order by a person not yet convicted. The direct ancestor of probation, means ‘binding over for
good behavior’.

Evolution of Probation
 Harsh punishments were imposed on adults and children alike for offenses that were not always of a
serious nature during the Middle Ages. Sentences such as branding, flogging, mutilation, and
execution were common. During the time of King Henry VIII, for instance, no less than 200 crimes
were punished by death, many of which were minor offenses.
 This harshness eventually led to discontent on certain progressive segments of English society that
were concerned with the evolution of the justice system. Slowly but resolutely, in an effort to mitigate
these inhumane punishments, a variety of measures were devised and adopted. Royal pardons could
be purchased by the accused; activist judges could refrain from applying statuses or opt for a lenient
interpretation of them; stolen property could be devalued so that offenders could be charged with a
lesser crime. Also, methods such as benefit of the clergy, judicial reprieve, sanctuary, and abjuration
offered offenders a degree of protection from the enactment of harsh sentences.
 Eventually, the courts began to practice of “binding over for good behavior,” a form of temporary
release during which offenders could take offenders could take measures to secure pardons or lesser
sentences. Controversially, certain courts began suspending sentences.
 In the United States, particularly in Massachusetts, different practices were being developed. “Security
for good behavior,” also known as “good aberrance,” was much like modern bail: the accused paid a
fee as collateral for good behavior. Filing was also practiced in cases that did not demand an
immediate sentence. Using this procedure, indictments were “laid on file” or held in abeyance. To
mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these American practices were precursors to
probation, it is the early use of recognizance and suspend sentence that are directly related to modern
probation.

ESSENTIAL GOALS OF PROBATION

1. An enlightened and humane correctional system;
2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs instead of
imprisonment;
5. It is limited only to offenders who are likely to respond to probation favorably; and
6. It is economical or less costly than confinement to prisons and other institutions with rehabilitation
programs.

Probation History in the Philippines

Probation was first introduced in the Philippines during American colonial period (1898-1945) with the
enactment of Act No. 4221 of the Philippine Legislator on August 7, 1935. This law created a Probation Office
under the Department of Justice.

On November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the
Probation Law unconstitutional because of some defects in the laws of procedural framework.

2
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

In 1972, House Bill No. 393 was filed in Congress by Congressman Teodulo Natividad and Congressman
Ramon Bagatsing which would establish a probation system in the Philippines. This bill avoided the
objectionable features of Act 4221 that was declared unconstitutional by the SC. The bill was passed by the
House of representatives, but was pending in the Senate when Martial was declared and Congress was
abolished.

In 1975, after thorough scrutiny of the draft decree by some groups of eligibles the Adult Probation System in
the country was established.

On July 24, 1976, Presidential Decree No. 968 a.k.a. Adult Probation Law of 1976, was signed into Law by the
Late President Ferdinand E. Marcos.

The Probation System started to operate on January 3, 1978. As more probation officers were recruited and
trained, more field offices were opened.
PROBATION LAW OF THE PHILIPPINES
(Presidential Decree No. 968 as Amended by RA 10707)

Statutory Attribute of Philippine Probation System

The probation system established in the Philippines has ta least three important characteristics that
make it different from other probation systems of other jurisdictions.

1. It is a "once in a lifetime affair", meaning that a convicted person can only avail the privilege of a
probation once in his lifetime. If he is convicted again, such person can no longer avail himself of
another probation. However, Western Countries, a person can avail of probation as many times as he
is convicted of violating penal laws.

2. Selective application. Probation is made available only to those convicted of certain crimes. Crimes
against national security, like treason and espionage are excluded. Those who are sentenced to prison
terms of more than six years are also excluded from probation privilege

3. Person under probation retain their civil rights, like the right to vote, or practice once profession, or
exercise parental or marital authority. In most Western countries, in order that a person who had
undergone probation may be restored his civil rights, he must initiate separate court proceedings.

4. The suspension of the execution of sentence is conditional, violations of any of the conditions may
cause revocation of the privilege.

5. Conditions of probation to be imposed by the court to protect public safety and to foster the
rehabilitation and reformation of the probationer.

6. Jurisdiction of the court is continuing in character

7. Post Sentence Investigation Report is mandatory, which will serve as informational guide for the
court’s decision in granting or denying the same.

8. Supervision, guidance and assistance by the Probation Officer over the probationer

BASIC GUIDELINES FOR PROBATION APPLICATION

 Application for probation shall be filed with the trial court, which has jurisdiction over the case. Such
court is the very same court that heard, tried, decided and imposed penalty against the convicted
person

Note: There is no other court that can exercise jurisdiction regarding probation application, except for
the trial court which previously exercised jurisdiction over the criminal offense.

3
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

 The filing of an application for probation is jurisdictional. The time of filing shall be within the period
for perfecting an appeal. Under the Revised Rules of Court, the period of perfecting an appeal is
fifteen (15) days.

 The application shall be in a form approved by the Secretary of Justice as recommended by PPA
Administrator.

 The trial court may notify the concerned prosecuting officer of the filing of the applicant at a
reasonable time it deems necessary, before the schedule hearing thereof.

 The prosecuting officer may submit his comment, if any, on the application within reasonable time
given to him by the trial court from his receipt of the notice for him to comment.

 If the trial court finds that the application is due in form and the applicant appears to be qualified for
the grant of probation, it shall order the city or provincial Parole and Probation Office to conduct a
Post-Sentence Investigation and submit the same within 60 days from the receipt of the order of said
court to conduct investigation.

 The court has five (5) days from the time the received the Post-Sentence Investigation Report to
resolve the application

CONSEQUENCES OF FILING OF APPLICATION FOR PROBATION

 The trial court, upon receipt of application filed, suspend the execution of the sentence imposed on
the judgement.

 Pending submission of the Post – Sentence Investigation and resolution on the application, the
applicant may be allowed on temporary liberty under his bail filed in the criminal case.

 Where no bail is filed or applicant is incapable of filing one, the trial court may allow the release of the
applicant on recognizance.

Note: Recognizance is a mode of securing the release of any person in custody or detention for the
commission of an offense who is unable to post bail to abject poverty. The court where the case of
such person has been filed shall allow the release of the accused on recognizance as provided herein,
to the custody of a qualified member of the barangay, city or municipality where the accused resides
(Section 3 of RA 10389)

POST-SENTENCE INVESTIGATION (PSI) – No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the best
interest of the public as well as that of the applicant for probation will be served thereby.

Note: Post-Sentence Investigation is mandatory it is prerequisite in granting probation. The court has
no jurisdiction to render decision whether to grant or deny the application in the absence of
PSI.

Nature and Character of Post-Sentence Investigation Report

It is recommendatory in nature and persuasive in character addressed to the sound discretion of the
trial court considering that the denial or grant of probation is a judicial function.

Full Blown Courtesy Investigation (FBCI)

Is a general courtesy investigation from another city or provincial parole and probation office, which a
request for a complete PSIR on a petition for probation pending referral investigation in the Probation Office
of origin.

4
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

When FBCI shall takes place:

1. Applicant for probation is a transient offender in the place of commission of the crime and/or a
permanent resident of another place
2. He spent his pre-adolescent and/or adolescent life in the province or city of origin
3. He attended and/or finished his education thereat
4. His immediate family members, collateral informants or disinterested persons and officials who can
best authenticate the inter-family relationship, upbringing, behavior of the applicant for probation in
the community are residents of the place of his origin.

GRANT OF PROBATION (Section 4 of PD 968 as amended by RA 10707)

 As a general rule: No application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction such appeal will serve as a disqualification for
probation

 Exception to the rule: When 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 (Section 1 of RA 10707)

 Based on the original provision of Section 4 of PD 968, the offender is allowed to appeal his
conviction and should the same be denied then, he can apply and avail the privilege of probation.
This was still the provision under PD 1257 but the provision provided by PD 1990 purposely remove
the option of appealing then applying for probation (People vs. Evangelista, 253 SCRA 714). And
instead, made probation and appeal exclusive remedy. (Bernardo vs. Balagot, 215 SCRA 526; Francisco
vs. CA, 243 SCRA 384). However, due to enactment of RA 10707, application for probation is now
allowed 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.

 In 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. Therefore, the one who applied for probation will not be
disqualified because of the appeal filed by his co-defendants.

 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. Hence there is no need
ro accomplish a document stating such waiver of right considering that the application for probation
will already serve the purpose.

 An order granting or denying probation shall not be appealable. However, an outright denial by the
court is a nullity correctible by certiorari De Luna vs. Hon. Medina, CA 78 OG 599). An accused must fall
within any one of the disqualifications in order to be denied probation. (Balleta vs. Leviste, 92 SCRA
719)

PERSONS DISQUALIFIED TO BE PLACED ON PROBATION

(Section 9 of RA 10707)

Section 9. Disqualified Offenders. – The benefits of this Decree shall not be extended to those:
(a to e)
a. Sentenced to serve a maximum term of imprisonment of more than six (6) years;
5
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

 Convicts who are sentenced to serve maximum term of imprisonment of 6 years and 1 day and above
are disqualified to avail the privilege of probation.
 A penalty of six years and one day is not entitled to the benefits of the law. In Francisco vs. CA, 243
SCRA 384, the Supreme Court held that in case of one decision imposing multiple prison terms, the
totality of the prison terms shall not be taken into account for the purposes of determining the
eligibility of the accused for the probation. The law uses the word "maximum term", and not total term.
It is enough that each of the prison term does not exceed 6 years. The number of offenses is
immaterial for as long as the penalties imposed, when taken individually and separately, are within the
probation period.

b. Convicted of any crime against the national security;

 Convicted of any crime against the national security (such as treason, espionage and piracy.) Prior to
RA 10707 crimes against public order was included.

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/or a fine of more than one thousand pesos (P1,000.00);
 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).
Prior to RA 10707, it was for imprisonment of not less than one month and one day and/or a fine of not
less than P200.

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

PERIOD OF PROBATION
The period of probation of a convict sentenced to a term of imprisonment of not more than one year
shall not exceed six years (Section 14-a, PD 968 as amended)

When the sentence imposes a fine only and the convict is made to serve a subsidiary imprisonment in
case of insolvency (inability to pay debts), the period of probation shall not be less than nor be more than
twice the total number of days of subsidiary imprisonment as computed at the rate established in Article
39 of the Revised Penal Code (Section 14-b, PD 968 as amended)

Note:
 Subsidiary penalty is to be imposed if the convict has no property with which to meet the fine. He shall
be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of
conviction by the trial court (Article 39, Revised Penal Code).

 When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed
fifteen days, if for a light felony (Article 39-2, Revised Penal Code).

 When a convict is sentence to pay a fine only and that he is made to serve a subsidiary imprisonment
due to his insolvency, the period of probation shall not be less than nor be more than twice the total
number of days of subsidiary imprisonment as computed at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing at the time of the rendition of the judgment of
conviction by the trial court.

 The period of probation may either be shortened or made longer, but not to exceed the period set in
the law. This is so because the period of probation is deemed the appropriate period of rehabilitation of
the probationer. A major role is played by the probation officer in the release of the probationer
because he is the one in the best position to report all information relative to the conduct of mental
6
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

and physical condition of the probationer in his environment and existing institutional and community
resources that he may avail himself of when necessary (Bala vs Martinez, 181SCRA 459).

ARREST OF PROBATIONER
At any time during probation, the court may issue a warrant for the arrest of a probationer for any
serious violation of the conditions of probation. The probationer, once arrested and detained, shall be
immediately be brought before the court for a hearing of the violation charged. The defendant may be
admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charge
with a crime shall be applicable to probationers arrested under these provisions.
In the hearing, which shall be summary in nature, the probationer shall have the right to be informed
of the violation charged and to adduce evidence in his favor. The court shall not be bound by the technical
rules of evidence but may inform itself of all the facts which are material and relevant to ascertain the veracity
of the charge. The state shall be represented by a prosecuting officer in any contested hearing. If the
violation is established, the court may revoke or continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the sentence originally imposed. An order revoking the
grant of probation or modifying the terms and conditions thereof shall not be appealable.

OBLIGATIONS OF PROBATIONER
1. Present himself to the probation officer within 72 hours from receipt of probation order.
2. Report himself to the probation officer at least once a month during the period of probation.
3. Not to violate the conditions of probation

TERMS AND CONDITIONS OF PROBATION

There are two kinds of conditions in probation – 1. The mandatory conditions; 2. The discretionary
conditions

MANDATORY CONDITIONS
1. To present himself to the Probation Office for supervision within 72 hours from receipt of the
probation order.
2. To report to the assign probation officer at least once a month during the period of probation at such
time and place as may be specified by the Probation Office.

DISCRETIONARY or SPECIAL CONDITIONS

1. Cooperate with his program of probation treatment and supervision;
2. Meet his family responsibility;
3. Devote himself to a specific employment and not to change said employment without prior written
approval of the Chief Probation and Parole Officer;
4. Undergo medical, or psychological, or clinic, or drug or psychiatric examinations and treatment and
remain in a specified institution, when required for the purpose;
5. Comply with a program of payment civil liability of the offended party or his heirs, when required by
the trial court of as embodied in its decision or resolution;
6. Pursue a prescribed secular study or vocational training;
7. Attend or reside in a facility established for instruction, schedule or residence of persons on probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverage to excess;
10. Permit the supervising probation officer on a case or authorized social worker to visit his home and
place of work;
11. Reside at premises approved by the trial court and not to change his residence without proper
approval of the said court; and
12. Satisfy other conditions related to his rehabilitation into a useful citizen, which is not unduly restrictive
of his liberty or incompatible with his freedom of conscience.

SUPERVISION OF PROBATIONER
The primary purposes are as follows:

7
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

1. To ensure the probationer’s compliance with the probation conditions and the prescribed probation
treatment and supervision program/plan;
2. To manage the process of the probationer’s rehabilitation and reintegration into the community; and
3. To provide guidance for the probationer’s transformation and development into a useful citizen for his
eventual reintegration to the mainstream of society
TERMINATION OF PROBATION
(Section 3 of RA 10707 amended Section 16 of PD 968)
“Sec. 16. Termination of Probation. – After the period of probation and upon consideration of the
report and recommendation of probation officer, the court may order the final discharge of the probationer
upon finding that he has fulfilled the term s and conditions of his probations and thereupon the case is
deemed terminated.”

FINAL DISCHARGE OF PROBATION AND ITS IMPLICATIONS

(Section 3 of RA 10707)
“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.”
Notes:
 The suspension of the sentence however, has no bearing with the civil liability, which is separate and
distinct from the criminal action. (Budlong vs Apalisok, 22 SCRA 935)
 Probation is revocable before final discharge of the probationer by the court. Thus the expiratioin of
the probation period alone does not automatically terminate probation. Probation is not coterminous
with the period. There must be first issued by the court of an order of final discharge based on the
report and recommendation of the probation officer. Only from such issuance can the case of the
probationer be deemed terminated. (Bala vs Martinez, 181 SCRA 459)
PRIVILEGE AND CONFIDENTIAL NATURE OF PROBATION RECORDS
The investigation report and the supervision history of probationer obtained under the Probation Law
shall privilege and shall not be disclosed directly or indirectly to anyone other than the Probation
Administration or the court concerned, except that the court, in its discretion, may permit the probationer or
his attorney to inspect the aforementioned documents or parts thereof whenever the best interest of the
probationer make such disclosure desirable or helpful: Provided, further, that any government office or
agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration (Section 17 of PD 968 as amended)
The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine
ranging from six hundred to six thousand pesos shall be imposed upon any person who violates the
confidential nature of probation records (Section 29 of PD 968 as amended)
____________________________
PAROLE
Parole is just like conditional pardon. It refers to the conditional release of a convict from a
correctional institution after he serves the minimum term of his prison sentence. It does not have the effect
of extinguishing the criminal liability of the convict.

Principles of Parole
 The government extends to the convicts a privilege by releasing them from prison before their full
sentence is served.
 The government enters a release contract with the convicts in exchange for their promise to abide by
certain conditions.
 Convicts who violate the law or the conditions of parole can be returned to prison to complete their
sentences
 The government retains control of parolee until they are dismissed from parole.

Terms to Remember

8
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

Carpeta – refers to the institutional record of an inmate which consists of his mittimus or commitment order
issued by the court after conviction, the prosecutor’s information and the decisions of the trial court and
appellate surveillance, if any; certificate of non-appeal, certificate of detention and other pertinent documents
of the case.

Parole Supervision – refers to the supervision/surveillance by Probation and Parole Officer of a parolee

Parolee – refers to a prisoner who is released on parole

Prison Record – refers to the information concerning an inmate’s personal circumstances, the offense he
committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for confinement, the place of confinement, the
date of expiration of the sentence, the number of previous convictions, if any, and his behavior or conduct
while in prison

Release Document – refers to the "Discharge on Parole" issued by the Board of Pardons and Parole

ELIGIBILITY FOR REVIEW OF A PAROLE CASE

An inmate’s case may be eligible for review by the board provided:
1. Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1) year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate’s conviction is final and executory;
4. Inmate has no pending criminal case; and
5. Inmate is serving sentence in the national penitentiary, unless the confinement of said inmate in a
municipal, city, district or provincial jail is justified

Note: A national inmate, for purposes of this rule, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine of more than five thousand pesos; or regardless of the
length of sentence imposed by the Court, to one sentenced for violation of the customs law or other laws
within the jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to serve two (2) or
more prison sentences in the aggregate exceeding the period of three (3) years.

Considerations for the Grant of Parole and Conditional Pardon

1. Evidence that the petitioner will find legitimate source of livelihood upon release
2. Petitioner has a place to establish residence
3. Availability of after-care services for old, seriously ill or physically disable petitioner
Special Considerations for the Grant of Parole and Conditional Pardon
1. Old age, provided the inmate is below 60 years of age when crime is committed
2. Physical disability, provided such physical disability is not present when the crime was committed
3. Serious illness duly certified by a government physician
4. Similar circumstances which show that the continued imprisonment will be inhuman or will pose grave
danger to the life of the petitioner

Petition for Parole Procedure

1. Review upon the petition or motuproprio: forms and contents of the petition:
a. That the petitioner’s case is eligible for review by the Board
b. That he is not disqualified for the grant of parole

2. Transmittal of Carpeta and Prison Record by the Director of BuCor or Warden at least one month
prior to the date when his case shall be eligible for review

3. Publication of names of prisoners being considered for Parole in a newspaper of general circulation of
those convicted of heinous crimes or those sentenced to reclusion perpetua or life imprisonment and
whose sentence has been commuted for release on parole

9
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

4. Notice to the offended party or his immediate relatives, personally or by registered mail and given 30
days from notice within which to communicate their comment to the Board regarding the
contemplated grant of parole to the prisoner

Deferment of Parole when Safety Compromised

If based on the pre-parole investigation, there is clear and convincing evidence that the release on
parole will endanger his own life or those of his relatives, or the life, safety and well-being of the victim, his
relatives, his witness, and community, the release of the prisoner shall be deferred until the danger ceases.

Rules After the Grant of Parole

1. Transfer of Residence – parolee may not transfer from one place of residence designated in his
Release Document without prior written approval of the Regional Director subject to confirmation of
the Board

2. Outside Travel – the Chief Probation and Parole Officer may authorize a parolee to travel outside his
area of operational jurisdiction for a period of not more than 30 days. A travel for more than 30 days
shall be approved by the Regional Director

3. Travel Abroad and/or Work Abroad – any parolee under active supervision/surveillance who has no
pending criminal case in any court may apply for overseas work or travel abroad. However, such
application for travel abroad shall be approved by the PPA Administration and confirmed by the Board.

4. Death of Parolee – if a parolee dies during parole supervision, the PPO shall immediately transmit a
certified true copy of the parolee’s death certificate to the Board as a recommendation for closing the
case.

Note: Absence of death certificate of the parolee, an affidavit narrating the circumstances of the
fact of the death from the Barangay chairman or any authorized officer or any immediate
relative where the parolee resided, shall suffice.

Reports to be accomplished by the Supervising PPO

1. Progress Report – when parolee commits another offense during the period of his parole supervision
and the case filed against him has not yet been decided by the court or on the conduct of the parolee
while under supervision

2. Infraction Report – when the parolee has been subsequently convicted of another crime

3. Violation Report – when a parolee commits any violation of the terms and conditions appearing in his
Release Document or any serious deviation or non-observance of the obligations set forth in the parole
supervision program

4. Summary Report – after the expiration of the maximum sentence of a parolee, the PPO concerned
shall submit to the Board, through the Chief Probation and Parole Officer, a Summary Report on his
supervision of a parolee

Notes:
o Upon the receipt of an Infraction Report, the Board may order the arrest or recommitment of
the parolee
o The parolee who is recommitted to prison by the Board shall be made to serve the remaining
unexpired portion of the maximum sentence for which he was originally committed to prison

o The clearances from the police, court, prosecutor’s office and barangay officials shall attached
to the Summary Report
Termination of Parole Supervision

10
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

 Certificate of Final Release and Discharge – upon the receipt of the Summary Report, the Board shall,
upon the recommendation of the Chief Probation and Parole Officer that the parolee has substantially
complied with all the conditions of his Release Document, issue to the parolee a certificate of Final
Release and Discharge.
 Effect of Certificate of Final Release and Discharge – upon the issuance of a Certificate of Final Release
and Discharge, the parolee shall be finally released and discharge from the conditions appearing in his
Release Document.
Note: The accessory penalties of the law which have not been expressly remitted therein shall
subsist.
Transmittal of Certificate of Final Release and Discharge
The Board shall forward a certified true copy of the Certificate of Final Release and Discharge to the
parolee, the court which imposed the sentence, the PPO concerned, the BuCor, the NBI, the PNP, and the
Office of the President
 Petition contents and endorsement
 Time and form of application
 Transmittal of carpeta and prison records
_________________________________
THE INDETERMINATE SENTENCE LAW (ISLAW)
(Act No. 4103, as amended)
The basic mandate of the Indeterminate Sentence Law is the imposition of an indeterminate
sentence which is comprised by a MINIMUM term and a MAXIMUM term. The court instead of imposing a
"straight" penalty, the court must determine two penalties. It is indeterminate in the sense that after serving
the MINIMUM, the convict may be released on parole, or if he is not fitted for release, he shall continue
serving his sentence until the end of the MAXIMUM.

The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness. As a rule, it is intended to favor the
accused particularly to shorten his term of imprisonment, depending upon his behavior and his physical,
mental, and moral record as a prisoner to be determined by the Board of Indeterminate Sentence. (People vs.
Ducosin, 59 Phil 109)

Coverage of the Application

General Rule: All persons convicted of any crimes under Philippine courts regardless whether it is in violation
of PRC or SPL, are qualified for the application of Indeterminate Sentence Law

DISQUALIFIED PERSONS
ISLAW is not applicable to persons who are:
1. Convicted of offenses punished with death or life imprisonment.

2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion,
sedition or espionage, or piracy.

3. Those who are habitual delinquents.

Note:
 Recidivists are entitled to an indeterminate sentence. (People vs. Jaranilla 28547, Feb. 22, 1974)

 Recidivist is one, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the PRC. (People vs. Lagarto, G.R. No. 65833,
May 6 1991)

 Habitual Delinquent is a person, who within a period of ten (10) years from the date of his release or
last conviction of the crimes of Serious or Less Serious Physical Injuries, Robbery, Theft, Estafa or
Falsification, is found guilty of any of said crimes a third time or oftener. (Art. 62, RPC)
11
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

Remember the acronym, SLERFT for:

S – Serious Physical Injury
L – Less Serious Physical Injury
E – Estafa
R - Robbery
F – Falcification
T – Theft

4. Those who shall have escaped from confinement or evaded sentence.

Note:
 A minor who shall have escaped from confinement in the reformatory is entitled to the benefits of the
law because confinement is not considered imprisonment (People vs. Perez, 44 OG 3884)

5. Those who having been granted conditional pardon by the President shall have violated the terms
thereof.

6. Those whose maximum period of imprisonment does not exceed one year.
Note:
 The application of which is based upon the penalty actually imposed in accordance with law. (People vs.
Hidalgo, 452, Jan. 22, 1962)

7. Those already serving final judgment upon the approval of this Act (December 5, 1933)

8. Those sentenced to the penalty of destierro or suspension.

_________________________

PARDON AND OTHER FORMS OF EXECUTIVE CLEMENCY

Executive Clemency – refers to: P.A.R.C

 Pardon (Conditional/Absolute)
 Amnesty
 Reprieve
 Commutation of Sentence

PARDON (from Latin word "Pardoun" which means to forgive)

Section 19, Article VII of the 1987 Constitution:

It is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment that the law inflicts for a crime has
committed; pardoning power is exercised by the President.
"Except in cases of impeachment or as otherwise provided in this constitution, the President may grant
reprieve, commutation, and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the members
of the Congress"

Is the Pardoning of the President Absolute?

- No. the Constitution itself provides for limitations to wit:

1. Pardon cannot be granted in cases of Impeachment (Section 19, Article VII of the 1987 Constitution).
In a very strict sense, an impeachment proceeding is not judicial proceeding neither criminal
prosecution and therefore beyond the ambit of Pardoning Power. But when the government official is
already impeached from his office and later on charged and convicted criminally in an ordinary criminal
action, the President may extend pardon to him.

12
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

2. No pardon can be granted for violation of any election laws, rule and regulation without the
favorable recommendation of the Commission on Election (Section 5, Article IX (C). this provision is a
good guard for the President in exercising this power in favor to her political party mates who violated
election laws for her favor to win the presidency.

Under Section 5 of the General Guidelines for Recommending Executive Clemency which is approved
and released by the Department of Justice on June 26, 2003, provides among other that:

The Board of Pardons and Parole shall refer matters pertaining to Executive Clemency for comment
and recommendation as follows:
 To the Commission on Elections, if it involves violation of election laws, rules and regulation.
 To the Secretary of National Defense and Secretary of Interior and Local Government, if it involves
crimes against national security or public order or law of nations, and
 To the Department of Foreign Affairs, if the prisoner is an Alien.

3. Pardon can only be granted after conviction by Final Judgment. There is no room for pardon when the
case has not yet reached its finality. In the case of former President Estrada, his appeal from the
Judgment of Sandigan Bayan was withdrawn to make it final and for him to avail the privilege of
pardon.

Two (2) Kinds of Pardon

There are two kinds of pardon, the Absolute pardon and Conditional pardon.
1. Absolute Pardon – is one extended without any conditions or strings attached. The convicted person
has no option at all and must accept it whether he likes it or not. His consent is not indispensable
hence, it is valid upon issuance. It is the total extinction of the criminal liability of the individual to who
it is granted without any condition whatsoever resulting to the full restoration of his civil rights.

2. Conditional Pardon – in one under which the convict is oblige to follow certain conditions. Convicted
person has the right to reject or refuse the pardon if he feels that the condition imposed is not
favorable on his part. This kind of pardon is considered as a contract between the pardoning authority
and the pardonee hence; consent is indispensable for its validity. It is the extinction of criminal liability
of an individual with certain limits of conditions.
Board of Pardons and Parole (BPP)
The Board of Pardons and Parole is the administrative arm of the President of the Philippines in the
exercise of his conditional power to grant pardon.
The BPP is composed of seven (7) members all appointed by the president with the Secretary of Justice
as Acting Chairman. However, in practice, one of the undersecretaries of Justice is serving as Acting Chairman.
The law requires that the six board members should include a sociologist, a clergyman, an educator, a lawyer,
a penologist, and at least one (1) woman.

How to Avail the Privilege of Conditional Pardon?

To avail this privilege, a qualified inmate, his family or relatives, or upon recommendation of prison
authorities will file a petition for conditional pardon addressed to the President. The request will be forwarded
to the Board of Pardons and Parole, which will process the same before making their appropriate actions.

Factors to be Considered by the Board of Pardons and Parole in Recommending Pardon to the President
In acting on petitions for pardon, the BPP shall consider, among others, the following:
1. Age of petitioner;
2. The gravity of the offense;
3. The manner in which the crime was committed; and
4. The institutional behavior or conduct and previous record, if any, of the partitioner.

Notice to the Offended Party

In all cases when an inmate is being considered for executive clemency, the board shall notify the
offended party or, in the event that the offended party is unavailable for comment or otherwise cannot be
13
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

located, the immediate relatives of the offended party. Said person shall be given thirty (30) days from
notice to comment on whether or not Executive Clemency may be granted to an inmate. Provided that, in
matters of extreme urgency or when the interest of justice will be served thereby, such notice maybe waived
or dispensed with by the Board. In such case, the Board shall explain the reason for the waiver of such notice
in the Board resolution recommending Executive Clemency.

Publication of Names of Those Being Considered for Executive Clemency

The Board shall cause the publication once in a newspaper of national circulation the names of
inmates who are being considered for Executive Clemency. Provided, however, that in cases of those
convicted of offenses punished with reclusion perpetua or life imprisonment by reason of RA 9346, publication
shall be once a week for three (3) consecutive weeks.

Any interested party may send to the Board written objection/comments/information relevant to
the cases of inmates being considered for Executive Clemency not later than thirty (30) days from date of
publication.

Provided that, in matters of extreme urgency or when the interest of justice will be served thereby,
above publication may be waived or dispensed with. In such publication, in the Board resolution
recommending executive clemency.

When The Pardon Grantee Fails To Comply With The Condition Of Pardons
In case of violation of any provision of the conditional pardon, the pardon itself is deemed invalidated and
the pardonee may be either recommitted by the President under the Administrative Code or prosecuted for
violation of conditional pardon under Article 159 of RPC.
Under the Revised Penal Code, the penalty of Prision Correctional in its minimum period shall be
imposed upon the convict, except when the penalty remitted is higher than six years, in which event shall
serve the unexpired portion of his original sentence

Revocation of Conditional Pardon by the President shall not be reviewed by the Court
The determination of violation of conditional pardon rests exclusively in the sound judgment of the
Chief Executive and the courts will not interfere by way of review with any of its findings (Espuelas vs. Prov.
Warden of Bohol, 108 PHIL. 353)

AMNESTY
The act of an authority (as a government) by which pardon is granted to a large group of individuals a
sovereign act of oblivion or forgetfulness (from Greek amnestia which means "to forget" or "forgetfulness")
granted by a government, especially to a group of persons who are guilty of (usually political) crimes in the
past. It is often conditional upon the group’s return to obedience and duty within a prescribed period.
(http://www.merriam-webster.com)

PARDON AMNESTY
 Pardon is granted by the Chief Executive and  It is the proclamation of the Chief Executive
therefore it is a private act which must be with the concurrence of the Congress; hence
pleaded and proved by the person pardoned it is a public act which the court should take
because the courts take no notice thereof judicial notice.
 It can only be granted after conviction  Amnesty can be granted before or after the
institution of the criminal prosecution and
sometimes after conviction
 It is granted to individual  Granted to classes of persons or communities
14
 UNIVERSITY OF EASTERN PHILIPPINES
COLLEGE OF ARTS AND COMMUNICATION
COLLEGE OF CRIMINAL JUSTICE

who may be guilty of political offenses

 Pardon looks backward and relieves the  Amnesty looks backward and abolishes and
offender from the consequences of an puts into oblivion the offense itself, it so
offense of which he has been convicted. It overlooks and obliterates the offense with
abolishes or forgives the punishment, and for which he is charge that the person released
that reason it does not work the restoration by amnesty stands before the law precisely
of the rights to hold public office as though he had committed no offense.

REPRIEVE
It refers to the deferment of the implementation of sentence for an interval of time; it does not annul
the sentence but merely postpones or suspends its execution.
It is applied to death sentences already affirmed by the Supreme Court. Reprieve is the temporary
postponement of the execution of a sentence. In death sentences, the date of execution of the death
sentence of the convict is held in abeyance for a certain period of time.

COMMUTATION OF SENTENCE
Commutation of sentence shall refer to the reduction of prison sentence. It is another prerogative of
the President. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter
term. Death sentences or life imprisonment is reduced to a shorter sentence.

Thank you!

Notes Compiled and Edited By: Crmgst. Daiselyn A. Dasig

15