Module in CA 2 – Non- Institutional Corrections

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Course Title: CA 2 – Non-Institutional Corrections

Course Objectives:

Graduates of the College will be able to:

KNOWLEDGE - Show mastery on the important provisions of laws and its
applications, the procedures in the conduct of investigation and its
application on the different nature of crimes.

SKILLS - Exhibit abilities in the conduct of investigation, utilize state- of-

the-art equipment, and articulate in the preparation of different
reports for court presentation and other related fields.

ATTITUDES - Manifest a character worthy as a public servant and a

protector. GAD integration performs tasks in a
gender responsive manner.

Learning Outcomes:

BS Criminology Program Outcomes (CMO 05 s of 2018)

After graduation, the BS Criminology graduates shall be able to:

1. Conduct Criminological Research on crimes, crime causation, victims and

offenders, to include deviant behavior.
2. Internalize the concepts of human rights and victim welfare.
3. Demonstrate competence and broad understanding in Law enforcement
administration, public safety and criminal justice.
4. Utilize criminalistics or forensic Science in the investigation and detection
of crime.
5. Apply the principles and jurisprudence of criminal law, evidence, and
criminal procedure
6. Ensure offender’s welfare and development for their re-integration to the
community.

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Introduction

In the Philippine correctional set-up, there are two approaches of

correction, the institutional correction and the non-institutional correction.
This module talks on the non-institutional approach or community-based
corrections. This form of correction pertains to all correctional activities that
takes place in the community.

Community based Correctional program embrace any activity in

the community directly addressed to the offender and aimed at helping him
to become a law-abiding citizen. Such a program maybe under official of
private auspices. It may be administered by correctional agency directly or
by non-correctional service. It may be provided on direct referral from a
correctional agency or on referral from another element of the criminal
justice system such as the police or courts. It may call changing the offender
through some combination of services for controlling him by surveillance or
for reintegrating him into the community by placing him in a social situation
in which he can satisfy his requirements without law violations. “Community-
based program embrace system or any combination of these process.

Community-based Corrections would be a better substitute for the

traditional institutional corrections. researches have shown that no form of
treatment or combinations of treatments have proven effective in reducing
the repetition of the crime and delinquency or imprisonment even under the
best possible condition is debilitating and self-defeating because of the
nature of compulsory confinement to discourage intimacy suppress the
expression of aggression and prevent the assumption of responsibility and
the stigma of imprisonment a persistent disqualifying mark for prisoners
after release. Moreover, the occurrence of prison violence whether sexual or
non – sexual assaults and economic psychological and social victimization
helped to support the conclusion that there must be a better way
of correcting criminals.

The community is the only place in which the correctional process can
be successfully completed. Just as the community provided the original
setting for the crime so it must provide the ultimate testing ground for the
rehabilitation process. It views of this all the resources of the community
need to be mobilized to help offenders restore family ties obtain employment
and education and discover their place in society. The institution should be
the last resort for correctional problems.

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Part 1
Topic 1: Concept of Community Based Correction

Objectives:

At the end of this topic, the students will be able to:

 Describe community-based corrections
 Discuss the different community-based correction programs
 Identify the different government agencies providing community-
based corrections.
 Appreciate the importance of community-based corrections as
solution to jail decongestion.
 Know the benefits of community –based correction

Lesson 1: Approaches to the Philippine Correctional System

1. The institutional based approach - the rehabilitation of offenders in jail

approach.

The institutional based approaches have three levels and are manned
by different government agencies responsible for supervision and
control of the numerous institutional facilities nationwide which provide
safekeeping and rehabilitation of the inmates, namely;

a. The national prisons and penal farms under the department of

Justice.
b. The provincial and sub-provincial jails under the provincial
government; and
c. The City, municipal and District jails under the department of the
DILG and local government.
The bureau of corrections, headed by non-uniformed director, under
the department of justice, supervises and controls the national prisons
and penal farms,

2. Non-Institutional Correction Community-Based Approach- it refers to

correctional activities that may take place within the community or the
method of correcting sentenced offenders without having to go to
prison.
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Not all convicted offenders have to serve their sentence behind bars.
Some of them are allowed to stay in the community, subject to the
conditions imposed by the court.

Lesson 2: Community Based Corrections and Community Based

Correction Programs

What is community based-correction?

According to Alarid, L. F., (2015), the idea behind community

correction programs is that most offenders can be effectively held
accountable for their crimes at the same time that they fulfil legitimate living
standards in the community. Most offenders do not pose an imminent danger
to themselves or to others and can therefore remain in community to
maintain relationships. Offering correctional options for offenders living in
the community confers several benefits to include: offenders continues to
contribute toward individual and familial responsibilities with legitimate
employment and paying income tax; offenders living in the community are
more likely than prison-bound offenders to compensate victims through
restitution or pay back to the community through community service: and
community correction programs do not expose offenders to the subculture of
violence that exist in many jails or prison.

Guerrero, B. B. (2018), stated in his book that, community-based

corrections are non-institutional based correction which are being considered
as the best alternative for imprisonment. It is a non-incarcerate system of
correction. It is described as a method of rehabilitating convicted felons
without a need of placing them into jail or prison facilities. It refers to any
sanctions in which convicts serve all or a portion of their entire sentence in
the community. Community based corrections is a program which deal with
supervised rehabilitation of convicts within the community.
Meanwhile, Dolinen-Gahar, L., (2012), defined community-based
correction as a supervised program dealing with people who have been
convicted or are facing conviction. It is a non-incarceration system of
correction.

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In short way of defining community-based correction, offender/accused
convicted of a crime will not be incarcerated, instead, they would be
released to the community with conditions to follow. These conditions are
prescribed by the proper authorities. Different community-based correction
programs, different conditions.

Community-Based Correction Programs in the Philippines

The Community Based Treatment Programs are those programs that

are intended to treat criminal offenders within the free community as the
alternatives to confinement. It includes all correctional activities directly
addressed to the offender and aimed at helping him to become a law-abiding
citizen.

Community-based correction programs began in the 1970s, 1980, and

1990s. The programs offer alternatives to incarceration within the prison
system. Many criminologists believed a significant number of offenders did
not need incarceration in high security prison cells. Some inmates, who
might otherwise have been ready to turn away from a life of crime, instead
became like the hardened criminals they associated with in prison.

In response, states, countries, and cities established local correctional

facilities and programs that became known as community-based corrections.
These facilities, located in neighbourhoods, allowed offenders normal family
relationship and friendships as well as rehabilitation services such as
counselling, instruction in basic living skills, how to apply for jobs, and work
training and placement.

Listed below are some of the community-based correction programs being

practiced in the Philippines.

1. Probation 8. Halfway-house
2. Parole 9. Restitution
3. Pardon 10. Diversion
4. Work releases 11. Mediation
5. Home confinement 12. Pre-trial release
6. Community service 13. Curfew
7. Intervention

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Here are some examples of community service as a program under
community-based correction.

In United States, the court can sentence a person to clean the whole
community instead of going to jail. Example, Jenny was being caught by the
authorities violating the “no littering” ordinance. The judge made her to
clean the surroundings of the plaza while being supervised by the police
officers.

In our country, there was this ordinance passed by the barangay

captain for those who sell gawed, buwa, and apog. The ordinance prohibits
the sale of momma in order to mitigate those irresponsible chewers that spit
anywhere, as for the penalty provided, those who sale momma will be
penalized by means of cleaning the pathway.

Lesson 3: Government agencies providing community-based

corrections

Guerrero, B.B. (2018) enumerated in his book at least three agencies

that provides and supervise community-based correction programs in our
country, this to include; Parole and Probation Administration, Board of
pardon and parole, and department of social welfare and development.

The Parole and Probation Administration (PPA) has the function

of conducting investigation of all cases in relation to parole, probation and
pardon. Likewise, it is responsible for the supervision of all parolees,
probationers and conditional pardon grantees.

Board of Pardon and Parole (BPP) has the authority to grant parole
as provided by law and it is responsible for recommending the grant of
pardon and executive clemency to the president.

As for the Department of Social welfare and development, it is

responsible in handling the cases of child-in conflict with the law specifically
on diversion and intervention program.

Lesson 4: Community-based corrections as solution to inmate’s

decongestion
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Here’s a Fact!

“The CIW-Mandaluyong was constructed with the capacity to hold a

population of 2,453 but in June 2017, it holds 2,711 inmate population. That
is 111% occupancy.”

“San Ramon Prison and Penal Farm have a capacity of 799 inmates,
but in June 2017, it holds 1,440 inmates, which means, it has an occupancy
rate of 180%.”

Are you amazed or disgusted with the facts presented above? This is a
reality. Jail and prison congestion is real. What do you mean by that, jail or
prison population is always way above than the intended capacity? In this
lesson, we will learn more about, how community-based correction helps in
the decongestion of jail or prison.

It is proven that congestion is one of the top problems of institutional

correction. Community-based correction provides an avenue to decongest
jails or prisons. Let’s dissect the OPLAN decongestion as provided in the
notes of Esmeralda, R. M. (2015).

OPLAN Decongestion

In our country, jail congestion, particularly in big cities and

municipalities, has been a PERENNIAL PROBLEM ever since. This problem, to
borrow a parallelism, is a sleeping giant. Unfortunately, for jail administrators
and personnel, the giant has taken up and is stretching its enormous arms
and legs. OPLAN DECONGESTION must be put in place to lay this giant back
to sleep.

OPLAN DECONGESTION was formalized through the execution of a

memorandum of agreement on February 12, 1993. Among the public
attorney’s office, the parole and probation administration, the Board of
Pardons and Parole which are all under the Department of Justice, and the
Bureau of Jail Management and Penology which is under the Department of
the Interior and local government. The avowed PURPOSE of said agreement
(MOA) was jail decongestion through collective and cooperative efforts.
Realizing that all helps available must be harnessed to effectively combat
overcrowding or congestion in jails, the said memorandum of agreement was
EXPANDED on August 17, 1993 with the inclusion of the National Prosecution
service or (NAPROS) as the fifth party thereto.
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True to its form, the MOA spreads up its intent through seminars.
These offered opportunities to officials and personnel of the tasked agencies
to familiarize themselves with the mechanics of the agreement, as well as to
offer avenue to discuss various aspects of how jails are to be decongested.

What’s wrong with congestion?

Maybe you are trying to find out why we need to address the
congestion in jail or prison, but let me get this straight, congestion in jail lead
the failure of the attainment of objectives of jail or prison. Congestion cause,
health problems, behavioral problems, privacy problems, kangaroo court
creation, and many more. For example, you just got from your bible study
and you’re headed back to your congested cell (20 inmates in 15meters by
15 meters), do you think you can concentrate to internalize what you learn,
or you are thinking how you would go out from that cell?
With the advent of different community-based programs, congestion as
a problem in jail/prison could be mitigated or lessen down that could help to
for the prison/jail management to attain their objectives.

Lesson 5: Benefits of Community-based corrections

Guerrero, B. B. (2018) enumerated at least five benefits of employing

community-based correction. These are:

A. Strengthen family ties through avoidance of broken family

relationships
The treatment and rehabilitation of convicted offender is done outside
the institution facilities hence; family members will not suffer broken family
due to imprisonment of one of its members.

B. Prevention of influence contamination

Putting convinced felon to prison may expose him to hardened
criminals who might influence him to be a more hardened criminal than
before.

C. Engagement of community involvement

Rehabilitation can be more effective with the help of the members of
the community.

D. Assurance of individualized treatment approach

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These programs provide individualize treatment program for the
convicts which is if not available, it is hard to attain in correctional institution.

E. It is more economical than institution-based correction

It would be more economical to perform non-institutional correction
compared to institutional correction on the part of the government.

Activity 1

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Directions: Answer briefly the questions in a word format. Submit it on
the schedule provided by the instructor through the
provided link or group chat.

1. Identify one community-based corrections program in your community.

Describe the purpose of the program, who created or promulgated the
program, and who is assigned to supervise the implementation of the
penalty or sanction.

2. Give the salient features of the following community-based correction

programs:
a. Probation
b. Parole
c. Absolute pardon
d. Diversion programs for minors (RA 9344 as amended)
e. Mediation (Barangay)
f. Intervention programs (RA 9165 and RA 9344)
g. Half-away house
h. Pre-trial release
i. Community Service
j. Conditional Pardon

3. If an accused is released out of prison through a community-based

corrections program, do you think justice is served to the victim? Give
your point of view.

4. Research the congestion status of the Bureau of Correction as of 2018

and 2019. Give your reaction.

5. Distinguish institutional from non-institutional correction.

6. What is the rationale behind community-based correction program?

7. Discuss at least four benefits of employing community-based

correction.

Comments/ Suggestions/Observations
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Topic 2: Historical Background of Probation

In this topic, we would be dealing with the historical background of
probation to include: pioneers on probation, forerunners of probation,
emergence of probation in United States, England, and Philippines. The main

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purpose of this topic is to let the students know how probation came into
existence, who are the initiators and how probation become a law.
Objectives:

At the end of this topic, the students will be able to:

 Trace the emergence of probation

 Identify and explain the forerunners of probation
 Point out the pioneering personalities and give their significant
contributions in the development of probation
 Discover how probation emerge in America, England and in the
Philippines

Lesson 1: Forerunners of Probation

Probation as a term and as a procedure is derived from the Latin word
“probare” meaning to prove. Therefore, as the Latin etymology states,
probation involves the testing of an offender as he proves that he is worthy
of his freedom. Probation can be defined as a sentence imposed by the
courts on offenders who have either pleaded guilty or have been found guilty
(Dolinen-Gahar, L., (2012).
In the book of Bautista, F. S. and Guevara, R. M., (2013), they identified
the forerunner of probation to include: Benefit of the clergy, Judicial
Reprieve, Recognizance, and Transportation.
Benefits of The Clergy
Started during the reign of Henry II in the 13 th Century, it originated in
a compromise with the Church which had maintained that a member of the
clergy brought to the trial in a King’s Court might be claimed from the
jurisdiction by the bishop or chaplain representing him, on the ground that
the prisoner was subject to the authority of the ecclesiastical courts only.
Thus, there is greater leniency in the sentencing.
During the time where the influence of the church has been so vast
that even monarch follows its decree, an erring member of the clergy who
has been brought to trial to be examined by the king’s court may be claimed
by the Bishop or chaplain on the grounds that clergymen are subject to the
authority and jurisdiction of ecclesiastical courts. Leniency has been
manifested in sentencing of said offenders if found guilty by a jury consisting
of 12 clerks.
From the title itself, it means that, if you are clergy (priest, pastor,
bishop, etc.) and accused of committing crime, you will not be tried to a
normal court but you will be tried in ecclesiastical court (ruled by members

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of the clergy). In military court, military officials are the members of the
rulers. Back to ecclesiastical court, it offers more leniency, which means that,
punishment is not that harsh, but in normal court, harsh punishment could
be employed.
Judicial Reprieve
Another means of reducing the severity of penalties and harshness of
punishment was a temporary suspension of the sentence imposed by the
court, this would provide the convicted offender ample time to petition the
crown for either absolute pardon or conditional pardon. English courts had
practiced said method when death penalty has been imposed under the
condition that said offender accept exile or deportation.
Reprieve came from the word Reprende-meaning make fade- is the
withdrawing of a sentence for the period of time whereby execution is
suspended either before or after judgment as where the judge is;
a. Not satisfied with verdict (Outcome)
b. The evidence is suspicious
c. The indictment (Charges) is insufficient
d. Or he is doubtful whether the offense is within clergy.
e. Or Small Felony
f. Favorable circumstances appear in criminal character so accused
can apply to king for absolutely or conditional pardon.

Recognizance – (Binding Over Good Behavior)

This was viewed as the practice which led to the development of
probation service in the year 1861. This is “known as the direct ancestor of
probation”. It is an old method of deferring judgment involving an obligation
or promise in the part of offender sworn under court order not to violate any
law in the future and release is obtained granting that those conditions were
met.
An even older method of suspending or deferring judgment, the direct
ancestor of probation, was recognizance or “binding over for good behavior.”
This was based on an ancient practice developed in England in the 14th
century. It originated as a measure of preventive justice, involving an
obligation or promise, sworn to under court order by a person not yet
convicted but thought likely from the information before the court to commit
a crime, that he would “Keep the peace” and be of good behavior.”

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This method of assuring good behavior was extended at an early date
to person charged with or convicted of misdemeanors (light felonies), and
was used in addition to or in substitution for other punishment. It was
specifically applied by the English Criminal Law Consolidated Act of 1861 to
persons convicted of any felony not capital, and was further regulated under
the Summary Jurisdiction Act of 1879. This led to the development of the
FIRST BRITISH PROBATION SERVICE.
Take note of this class, in todays practice, this is known as part of bail.
Bail offers a temporary liberty while the case is under trial or awaiting for
judgement or awaiting the decision for petition of probation. Bail can come in
four was, cash bond bail, recognizance, property bond and corporate surety
bond.
Transportation
Originated and developed in England first as a principal method of
ridding the country of criminals and a way of supplying new colonies with
cheap labor.
Offenders who were granted a reprieve were permitted to accept
transportation and were handed over to contractors who engaged to convey
them to America and later to Australia.
The sending or putting away of an offender to another colony. It was
an attempt to substitute for brutal punishment at home an opportunity for
rehabilitation in a new country.
Lesson 2: Pioneers in the Establishment of Probation
The origin of probation can be traced to English criminal law of the
middle Ages. Harsh punishments were imposed on adults and children alike
for offenses that were not always of a serious nature. 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 punishable by
death, many of which were minor offenses (The History of Probation).
This harshness eventually led to discontent in 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 statutes or opt for a lenient interpretation of them; stolen
property could be devalued by the court so that offenders could be charged
with a lesser crime. Also, methods such as benefit of clergy, judicial reprieve,
sanctuary, and abjuration offered offenders a degree of protection from the
enactment of harsh sentences.

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Eventually, the courts began the practice of "binding over for good
behavior," a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain
courts began suspending sentences.
Two main individuals associated for the established of probation
(Alarid, L. F. (2015).
Philanthropies were instrumental in the development and acceptance
of probation in practice long before probation become law. The development
of probation idea can be credited to two cofounding individuals: John
Augustus and Mathew Davenport Hill.
John Augustus (Father of Probation)
The credit for founding probation in the United States is John Augustus
(1784-1859). Augustus owned a shoe manufacturing company on the west
side of Boston. His business prospered, and he owned a number of
residences, one of which is now the Jonathan Harrington House, which faces
the Lexington Common. Augustus was a member of the Washington Total
Abstinence Society; its members pledged to abstain from alcohol and to rid
society from the “evils” of alcohol. Discovering that the same people were
being repeatedly arrested and detained in jail for public intoxication,
Augustus decided to interview first-time defendants before their court
appearance and bail out only those who he thought would most likely change
their habits and return to court. His home became a refuge for the newly
bailed defendants until their next court appearance.
Augustus’ efforts were praised by the Peter Oxenbridge Thacer and
other local judges. Within a year, Augustus became well known to private
philanthropists who donated money so he and his volunteers could continue.
For the next 15 years until his death in 1859, Augustus was dedicated to
helping men, women and children accused of different types of offenses,
despite great opposition from the police officers who thought that the
accused deserved jail, jailers who lost money on every defendant that was
released, and from people in the community who thought he was trying to
profit from offenders. In total, he assisted 1,946 people, spent 19,464 US
dollars for bail, and paid 2,418 US dollars in fined and court cost. Augustus
generosity cause his shoemaking business to suffer so much so that his
business wen under and he was forced to close his shop just before his death
at age 75.

There are individuals who followed the steps of Augustus to include,

John Murray Spear, Father Cook, and others.
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Other information about John Augustus (Guerrero, B. B., (2018).
 JOHN AUGUSTUS, American Pioneer. Boston shoemaker who is
considered as the Father of Probation in the United States
 The first practical demonstration of probation, the first use of the term
as a court service, and the enactment of the first probation law
occurred in Massachusetts.
 Augustus was subsequently credited with cofounding the investigation
process, one of the three main concepts of modern probation, the
other two being intake and supervision. Augustus, who kept detailed
notes on his activities, was also the first to apply the term probation to
his method of treating offenders.
 John Augustus was born on Woburn, Massachusetts in 1785.
 Recognized as the first true probation officer.
 In 1841, Augustus attended a Police court to bail out a “common
Drunkard”- The first probationer. The offender was ordered to appear
in court three weeks later for sentencing. He returned to court a sober
man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed.
Matthew Davenport Hill
Father of probation in England. He left an interesting account of his
experiments in the Birmingham court. Beginning early in the year 1841, he
acted with regard to juvenile offenders.
Hill was less known in the United States, but he deserves equal credit
alongside John Augustus as a cofounder of probation. Hill laid the foundation
for probation in England, where he lived and worked. Born to Reverend
Thomas Wright Hill in 1792, and the eldest of eight children, Matthew
Davenport Hill was a member of a family intimately involved in politics and
the movement for social change. While in Parliament, Hill was deeply
concerned with equality for all people and worked toward ending the
transportation of English convicts, among other causes. According to criminal
justice historian Charles Linder: His contribution to helping develop a
probation system may have evolved from his early experience as a lawyer,
during which young offenders were sentenced to a term of imprisonment of
only one day. Hill also required that there be persons willing to act as
guardians of the young offender.
The guardians were required to report back to Hill on the juveniles’
behavior. Police had the power to enforce the court reporting process and to
provide social service assistance. Hill kept court records of offenders’
behavior, which included early accounts of recidivism measured by
reconviction rates. Apparently, over a 12-year period, 80 offenders out of
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417 were reconvicted, many because they returned to similar circumstances
that contributed to crimes in the first place. Hill was a close personal friend
of a number of other justice reformers, including Jeremy Bentham; Sir Robert
Peel; Dr. Enoch Wines, A prison reformer; and Captain Alexander
Maconochie. Matthew Davenport Hill died in 1872 at the age of 80.
Other important personalities in the history of probation (Guerrero,
B. B., (2018).
A. Governor Alexander H. Rice (1818-1895)
Gov. Alexander H. Rice signed the first probation law that was passed
by the legislature of Massachusetts on April 26, 1878. The Law provided for
the appointment and prescribed the duties of a salaried probation officer for
the courts of Suffolk Country.
Note: The first practical demonstration of probation, the first term as a
court service, and enactment of the first probation law occurred in
Massachusetts.
B. Edward H. Savage
An ex-chief of Police of Boston, named as the first probation officer.
C. Gardner Tufts (1880)
Director of Massachusetts Board of Sate Charities and Corrections,
reported in an address that the result of probation in cases of juvenile
offenders proved so decisively good that the legislature authorize the City of
Boston to appoint a probation officer for adults at the session of the
Legislature of the present year, a statute was enacted permitting the
appointment of a probation officer for adult offenders in every city and town
in the state.
D. Calvin Coolidge
Unites States of America President who signed the Federal Probation
Act (the first federal law) which is Effective on March 4, 1925.
E. John Marshall
United States Chief Justice who used his discretion in modifying the
prescribed penalties and gradually developed more humane methods of
dealing with the violators of law.
G. Father Cook
Another Bostonian, continued the work of Augustus by identifying
youthful offenders being tried in the courts and whose cases were committed
by force of circumstance and not due to the criminal nature of the accused.
After finding that the offender is not a hardcore felon and can still be
reformed, Father Cook presented himself before the court as adviser to the
offender. Realizing the value of what he is doing, the courts usually

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consented to placing convicted youths under his charge to be reformed
(Dolinen-Gahar, L., (2012).
H. Samuel June Barrows
The Secretary of Prison Association of New York in 1900, who
campaigned for probation law. His interest stemmed from his work in Boston
where he had seen the law in effect. A Unitarian minister and editor of the
Christian Register, he became in 1889 one of the founders of the
Massachusetts Prison Association which took an active part in extending
probation in that state. A practical humanitarian, “he thought it a great pity
to send so many persons found guilty of crime to prison.”
I. Teodulo H. Natividad
He is the Father of Probation in the Philippines. He headed the
committee (IDCCP) primarily tasked with the drafting of the adult probation
law (Esmeralda, R. M. (2015).
J. President Ferdinand Marcos
Signed into law Presidential Decree 968 on July 24, 1976, also known
as Adult Probation law of 1976

Activity 2

Directions: Answer briefly the questions in a word format. Submit it on

the schedule provided by the instructor through the
provided link or group chat.

1. Is probation a matter of right or privilege? Explain.

2. Give the salient features of the following forerunners of probation:

a. Benefits of the clergy
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b. Judicial reprieve
c. Recognizance
d. Transportation

3. State at least three important personalities in the field of probation and

give their contributions.

Comments/ Suggestions/Observations
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Topic 3: Historical Background of Probation (Continuation of topic 2)

This topic is a continuation of topic two (2). The lessons under this
topic include: Emergence of probation in United States, England, and
Philippines. The main purpose of this topic is to let you know how probation
came to existence, who are the initiators and how probation become a law.
Objectives:

At the end of this topic, the students will be able to:

 Trace the emergence of probation

 Identify and explain the forerunners of probation
 Point out the pioneering personalities and give their significant
contributions in the development of probation
 Discover how probation emerge in America, England and in the
Philippines

LESSON 1: Historical background of Probation in the Unites States

(Esmeralda, R. M. (2015)
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
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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 suspended sentence that
are directly related to modern probation.
The first state to enact a real probation law in United States is
Massachusetts. The first practical demonstration of probation, first use of the
term as court service, and the enactment of the first probation law occurred
in Massachusetts.
Volunteer services evolved in Maryland. The prisoners Aid Association
of Maryland, organized in 1869, employed agents to visit the prison and
assist released prisoners and gradually they began to investigate cases and
assist offenders before the Baltimore courts. A 1894 law provided that any
court in the state might release on probation for “good conduct” a person
convicted of any offense not capital, if no previous conviction was proved
against him, upon his entering into a recognizance, with or without sureties,
and during such period as the court may direct to appear and received
judgment when called upon, and in the meantime to keep the peace and be
of good behavior. (Esmeralda, R. M. (2015).
Another state adopting a partial measure was Missouri with its “parole
of convicted person’s law of 1897.”
The second state to enact a real probation law. The Vermont like
Missouri and unlike Massachusetts provided for probation only after
suspension of the execution of sentence. The bills in both states were
supported by the state correctional agencies. Many features of the
Massachusetts law were incorporated, with several innovations since
followed elsewhere. Vermont was the first to adopt a county plan.
(Esmeralda, R. M. (2015).
The third state to enact a real probation law is Rhode Island. A
complete state-administered probation system appeared first in Rhode
Island. The Act of 1899 empowered the board of state charities and
corrections to appoint a state probation officer and additional probation
officers, “one of whom at least shall be a woman,” to serve all courts in the
state. The Act followed Massachusetts in permitting the use of probation
before the imposition of sentence and even without conviction but the
limitation of probation to less serious offenses was an unfortunate departure
from the laws of Massachusetts and Vermont.
Success of probation became known in other English-speaking
countries. Illinois and Minnesota in 1899 Plan for children only. New Jersey
and New York enacted probation law in 1900.
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Finally, on March 4, 1925 the UNITED STATES FEDERAL PROBATION
ACT was enacted.
LESSON 2: Historical background of Probation in England
(Esmeralda, R. M. (2015)
Early in the 19th century the English magistrates-initiated experiments
to save young and inexperienced offenders from stigma of prison. They
made use of the latitude allowed then under the common law to bind over
defendants, who should be brought back for sentence if the conditions of
release were violated. The need for supervision and assistance to those so
released was met by assigning the young offender to the care and
guardianship of his parents or his employer with an occasional check on his
progress by the police.
Mathew Davenport Hill is considered the father of probation in
England. He left an interesting account of his experiments in the Birmingham
court. He was in the forefront of reforming juvenile offenders. He finds
persons who act as guardians of the juvenile offender. Then at an
unexpected period, the confidential officer visits the guardian, makes
inquiries and keeps notes of information received.
He conducted his experiment in the Birmingham Court. Beginning in
the early years of 1481, he acted for and in behalf of juvenile offenders,
when he believes:
 The individual is not fully corrupt
 There was reasonable hope of reformation
 When there could be found persons to act
As guardian they are kind enough to take charge of the young convict.
In the belief that there is better hope for reformation under such guardians
than in prison. At unexpected period, confidential officers visit the
guardians, make inquiries and register facts. He was thus informed and
records were kept.
LESSON 3: Historical Background of Probation in the Philippines
In the Philippines, provisions for juvenile probation has been embodied
in Article 80 of the Revised Penal Code since its enactment in 1932. Thus,
sentence was suspended for offenders under 16 years of age accused of a
grave or less grave felony, who were then placed in the care and custody of
public or private entities. This was amended on December 10, 1974 by
Presidential Decree No. 603, known as the Child and Youth Welfare Code,
and by Presidential Decree No. 1179 which set the age of minority to below
18 years of age at the time of the commission of the offense. Likewise,
Republic Act No. 6425 or the Dangerous Drugs Act of 1972 provided for the
suspension of sentence and probation of a first-offender under 18 years of
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age at the time of the commission of the offense but not more than 21 years
at the time when judgment should have been promulgated.
The move to integrate adult probation in the Philippine criminal justice
system began early in the twentieth century when the Philippine Legislature
approved Act No. 4221 on August 7, 1935. This created a Probation Office
under the Department of Justice, and provided probation for first offenders
18 years of age and above who were convicted of certain crimes.
Unfortunately, there were defects in the law’s procedural framework so that,
on November 16, 1937, the Supreme Court declared it unconstitutional in the
case of People of the Philippines vs. Vera on the grounds of “undue
delegation of legislative power” and violation of the “equal protection of the
law” clause.
A second attempt was made when then Teodulo C. Natividad and
Ramon D. Bagatsing introduced House Bill No. 393 during their last months
in Congress. Passed in the Lower House, this was pending in the Senate
when Martial Law was proclaimed in 1972.
The agitations for the adoption of an adult probation law continued. In
1973, the technical staff of the Bacolod City Police Advisory Council, headed
by Lt. Col. Arcadio S. Lozada and assisted by US Peace Corps Volunteer Alvin
L. Koenig, prepared a proposed Probation Decree which incorporated
pertinent provisions of the Natividad and Laurel Bills. This was submitted to
the Secretary of Justice and the National Police Commission after a thorough
perusal by a study committee of the Integrated Bar of the Philippines and
subsequent endorsement by its national Board of Directors.
Late in 1975 the National Police Commission, sitting en banc and
headed by Defense Secretary Juan Ponce Enrile who was the concurrent
Chairman of NAPOLCOM, heard the report “Meeting the Challenge of Crime”
of the Philippine delegation to the 5th United Nations Congress held in
Geneva, Switzerland in September 1975. At that time, the Philippines was
among the few participating countries without an adult probation system.
Citing the role of probation in an integrated approach to crime prevention,
the delegation urged priority action on the establishment of the system. This
was the turning point that led to the passage of the law. The Inter-
Disciplinary Committee on Crime Prevention created in 1974 by Secretary
Enrile and chaired by Commissioner Teodulo Natividad, then pursued the
preparation of the probation decree. Eighteen technical hearings were
conducted, attended by 60 resource persons, after which the draft decree
was presented at the Seminar on the Probation System sponsored by the
NAPOLCOM, Philippine Constabulary and Integrated National Police, and the
University of the Philippines Law Center on April 24, 1976. This was studied
and overwhelmingly endorsed by 369 participants representing various
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sectors of society. A final draft of the decree was subsequently prepared,
then reviewed and endorsed to the President of the Philippines by the
Minister of Justice, Minister of National Defense, and Chief Justice of the
Supreme Court.
Thus, the law was born on July 24, 1976. It was during the closing
ceremonies of the First National Conference on a Strategy to Reduce Crime
held at Camp Aguinaldo, Quezon City, that President Ferdinand E. Marcos
signed Presidential Decree (P.D.) No. 968, otherwise known as the Probation
Law of 1976, in the presence of nearly 800 representatives of the country’s
criminal justice system.
DEVELOPMENT
Under Executive Order No. 292, “The Administrative Code of 1987”
which was promulgated on November 23, 1989, the Probation Administration
was renamed “Parole and Probation Administration” and given the added
function of supervising prisoners who, after serving part of their sentence in
jails are released on parole pardon with parole conditions
Moreover, the investigation and supervision of First Time Minor Drug
Offenders (FTMDO) placed under suspended sentence became another
added function of the Administration pursuant to Sections 66 – 70 of
Republic Act 9165, “The Comprehensive Dangerous Drugs Act of 2002” and
by virtue of the Memorandum of Agreement between the Dangerous Drugs
Board and Administration dated 17 August 2005. Likewise, pursuant to
Section 57 of Republic Act 9165, the Administration was designated as the
authorized representative of the Dangerous Drugs Board under the Voluntary
Submission Program.
The Agency was placed in the forefront in relation to crime prevention,
treatment of offenders in the community-based setting, and in the overall
administration of criminal justice by mandating the revitalization of the
Volunteer Probation Aide (VPA) Program pursuant to Executive Order 468
dated October 11, 2005.
Under Republic Act No. 10389, “Recognizance Act of 2012”, the
Administration was directed to monitor and evaluate the activities of the
person on release on recognizance.

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Activity 3

Directions: Answer briefly the question in a word format. Submit it on

the schedule provided by the instructor through the
provided link or group chat.

1. Trace the historical background of probation in the United States and

England.
2. Discuss how probation in the Philippines came into existence?
3. Give the auxiliary functions of Parole and Probation Administration
pursuant to Executive Order No. 292, Sections 66 – 70 of Republic Act
9165, Executive Order 468, and Republic Act No. 10389.
4. Read the case of People vs. Vera G.R. No. 45685, 65 Phil 56, November
16, 1937. Give the brief facts, issue and ruling.

Comments/ Suggestions/Observations
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Topic 4: Probation in the Philippines

This topic focuses on the legal aspect of probation applied in the
country. It has three lessons. Lesson one talks about preliminary matters to
include meaning of terms as used in PD 968, Lesson two is about Laws
amending PD 968, and lesson three discusses the purposes of probation law.
Objectives:

At the end of this topic, the students will be able to:

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 Recall the different terminologies relative to PD 968
 Identify the different laws amending PD 968
 Understand the rationale behind PD 968

LESSON 1: Preliminary Matters on Probation

Meaning of Terms.
As used in PD 968, the following shall, unless the context otherwise
requires, be construed thus:
Probation - (a) "Probation" is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed by the
court and to the supervision of a probation officer.
Probationer- means a person placed on probation.
Probation Officer - means one who investigates for the court as referral or
Probation or supervises a probationer or both.
Petitioner - a convicted defendant who files a formal application for
probation.
Trial court - refers to regional trail court (RTC) of the Province of
City/Municipal court which has jurisdiction over the case;
Probation Office - refers either to the Provincial or Probation office directed
to conduct investigation or supervision referrals as the case maybe;
Probation order - order of the trial court granting probation
Amicus Curiae - Friends of court- upon written invitation by the trial court,
the administrator and/or Deputy Administrator, for the agency level,
Regional Director, for the regional level, chief probation and parole officers
for the city or provincial level may be appear as amicus curiae on any
probation investigation and supervision issue, concern or matter.
Title and Scope of PD 968
This Decree shall be known as the Probation Law of 1976. It shall apply
to all offenders except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.
LESSON 2: Laws Amending PD 968 (Guerrero, B. B., (2018)

1. PD 1257- This was promulgated on December 1, 1997 amending the

Sections 4, 7 and 15 of PD 968 in additions to its amendment of
section 33 of PD 968.

2. Batas Pambansa 76- This was passed on June 13, 1980 and approved
by the Pres. Marcos on June 13, 1980, amended further PD 968

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particularly the Section 9. It provided for a maximum probationable
period of six and one day.

3. PD 1990- Promulgated on October 5, 1985 by Pres. Ferdinand E.

Marcos, further amended PD 968 specifically sections 4 and 9.
Returned the original maximum probationable period which is 6 years
only.

4. RA 10707- An act amending PD 968. It was approved on November 26,

2015 by President Benigno S. Aquino III.

5. RA 9344- Juvenile Justice and Welfare act of 2006. Amended Section 4

of PD 968.

6. Omnibus Election code of the Philippines (Batas Pambansa Blg. 881)

7. Wage Rationalization Act (Republic Act. 6727)

8. Comprehensive Dangerous Act of 2002 (RA 9165)

LESSON 3: The Purposes of Probation law

This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing

him with individualized treatment;
(b) provide an opportunity for the reformation of a penitent offender
which might be less probable if he were to serve a prison sentence;
and
(c) prevent the commission of offenses

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Activity 4

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Is probation a matter of right or privilege? Explain.

2. Distinguish petitioner from probationer.
3. Discuss the rationale behind probation law?
4. How probation law is being construed?
5. What court has jurisdiction over probation cases? May the court out
rightly deny petition for probation? Explain.

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Comments/ Suggestions/Observations
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Topic 5: Probation Methods and Procedures

This topic focuses on the methods and procedures in the application

and grant of probation. It also includes post sentence investigation, form of
investigation report, period for submission of investigation report and criteria
for placing an offender on probation.

Objectives:

At the end of this topic, the students will be able to:

 Discuss the processes or procedures in granting probation

 Know the importance of post sentence investigation in the grant
of probation
 Be familiar with the periods for submission of investigation report
and resolution by the courts
 Know the form and substance of an investigation report
 Identify the criteria for placing an offender on probation

LESSON 1: Grant of Probation (Section 4, PD 968 as amended)

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
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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.”

Probation is a privilege granted by the court to a person convicted of a

criminal offense to remain in the community instead of actually going to
prison/jail.

LESSON 2: Post-sentence Investigation (Section 5, PD 968)

No person shall be placed on probation except upon prior investigation

by the probation officer and a determination by the court that the ends of
justice and the best interest of the public as well as that of the defendant will
be served thereby.

LESSON 3: Form of Investigation Report (Section 6, PD 968)

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The investigation report to be submitted by the probation officer under
Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.

LESSON 4: Period for Submission of Investigation Report (Sec. 7, PD

968)

The probation officer shall submit to the court the investigation report
on a defendant not later than sixty days from receipt of the order of said
court to conduct the investigation. The court shall resolve the petition for
probation not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of the
petition, the defendant may be allowed on temporary liberty under his bail
filed in the criminal case; Provided, That, in case where no bail was filed or
that the defendant is incapable of filing one, the court may allow the release
of the defendant on recognize to the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the
court.

LESSON 5: Criteria for Placing an Offender on Probation (Sec. 8, PD

968)

In determining whether an offender may be placed on probation, the

court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court
finds that:
(a) the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the offender
will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.

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Activity 5

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Who can apply for probation?

2. Where and when shall the application for probation be filed?
3. How to apply for probation?
4. May an accused who appealed the conviction apply for probation on
remand of the case to the trial court?
5. Is the grant of probation automatic to those who are qualified? Explain.
6. What are the instances wherein probation maybe denied even if the
petitioner is qualified?

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Comments/ Suggestions/Observations
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Topic 6: Probation Methods and Procedures (Continuation of topic 5)

This topic is a continuation of topic five (5). It includes topics on:

disqualified offenders, conditions of probation, effectivity of probation order,
and modification of conditions of probation.

Objectives:

At the end of this topic, the students will be able to:

 Identify the offenders who cannot avail the benefits of probation
law
 Know the conditions of probation
 Discuss the effectivity and consequences of a probation order
 Know the rationale behind the modification of conditions of
probation

LESSON 1. Disqualified Offenders (Section 9, PD 968 as amended)

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.
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LESSON 2: Conditions of Probation (Sec.10, PD 968)

Every probation order issued by the court shall contain conditions

requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his

supervision at such place as may be specified in the order within
seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and
place as specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said
employment without the prior written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation officer or an authorized social worker to visit his
home and place of work;
(j) reside at premises approved by it and not to change his residence
without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation of the
defendant and not unduly restrictive of his liberty or incompatible with
his freedom of conscience.

LESSON 3. Effectivity of Probation Order (Sec. 11, PD 968)

A probation order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequences thereof and explain that
upon his failure to comply with any of the conditions prescribed in the said
order or his commission of another offense, he shall serve the penalty
imposed for the offense under which he was placed on probation.

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Lesson 4. Modification of Condition of Probation (Sec. 12, PD 968)

During the period of probation, the court may, upon application of

either the probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify either the
probationer or the probation officer of the filing of such an application so as
to give both parties an opportunity to be heard thereon. The court shall
inform in writing the probation officer and the probationer of any change in
the period or conditions of probation.

Activity 6

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Who are disqualified from applying for probation?

2. Are all qualified, convicted persons automatically entitled to probation?
3. When probation is granted, what conditions are imposed by the court?
4. If the probationer committed a crime while under probation, what
would be the consequences?
5. When may the court modify or revise the conditions or period of
probation?

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Comments/ Suggestions/Observations
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Topic 7: Probation Methods and Procedures (Continuation of topic 6)

This topic focuses on the control and supervision of probationer, period

of probation, arrest of probationer, subsequent disposition, and termination
of probation.

Objectives:

At the end of this topic, the student will be able to:

 State the concept of control and supervision over probationer

 Discuss the period within which a probationer stays on probation
 Know the consequence in case of violations of any of the
conditions of probation.
 Know the basis as well as consequences of the final discharge of
the probationer

LESSON 1. Control and Supervision of Probationer (Sec. 13, PD 968)

The probationer and his probation program shall be under the control
of the court who placed him on probation subject to actual supervision and
visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the

jurisdiction of another court, control over him shall be transferred to the
Executive Judge of the Court of First Instance of that place, and in such a
case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the
Executive Judge to whom jurisdiction over the probationer is transferred shall
have the power with respect to him that was previously possessed by the
court which granted the probation.

LESSON 2. Period of Probation (Sec. 14, PD 968)

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(a) The period of probation of a defendant sentenced to a term of
imprisonment of not more than one year shall not exceed two years,
and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to
serve subsidiary imprisonment in case of insolvency, the period of
probation shall not be less than nor to be more than twice the total
number of days of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal Code, as
amended.

LESSON 3. Arrest of Probationer; Subsequent Disposition (Sec. 15, PD

968).

At any time during probation, the court may issue a warrant for the
arrest of a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and summary, of the
violation charged. The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this
provision. 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.

LESSON 4. Termination of Probation (Sec. 16, PD 968)

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.”

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Activity 7

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. The trial court convicted X to suffer the penalty of one-year

imprisonment. How long will X stay for probation? Explain.
2. May the court grant probation if the penalty imposed is fine only?
Explain.
3. Discuss the grounds for the arrest of a probationer and his subsequent
disposition.
4. When may the court order the final discharge of the probationer?
5. Johnny violated his probation conditions. As a result, the trial court
revoked his probation. He now questioned the decision of the court and
eventually appealed the case. Will his appeal prosper? Explain.

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Comments/ Suggestions/Observations
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Topic 8: Probation Administration

This topic focuses on the creation of Probation Administration, the

powers, functions and qualifications of the Probation Administrator, staff,
operating units and personnel.

Objectives:

At the end of this topic, the students will be able to:

 Know the powers, duties, and qualifications of the probation

administrator, staff, operating units and personnel.

LESSON 1. Probation Administration (Sec. 19, PD 968)

The Administration shall be headed by the Probation Administrator,

hereinafter referred to as the Administrator, who shall be appointed by the
President of the Philippines. He shall hold office during good behavior and
shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand
pesos. His powers and duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the
latter may prescribe, concerning the operation, administration and
improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the
necessary rules relative to the methods and procedures of the
probation process;
(e) recommend to the Secretary of Justice the appointment of the
subordinate personnel of his Administration and other offices
established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.

Assistant Probation Administrator (Sec. 20, PD 968)

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There shall be an Assistant Probation Administrator who shall assist the

Administrator perform such duties as may be assigned to him by the latter
and as may be provided by law. In the absence of the Administrator, he shall
act as head of the Administration.
He shall be appointed by the President of the Philippines and shall receive an
annual salary of at least thirty-six thousand pesos.

Qualifications of the Administrator and Assistant Probation

Administrator (Sec. 21, PD 968)

To be eligible for Appointment as Administrator or Assistant Probation

Administrator, a person must be at least thirty-five years of age, holder of a
master's degree or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public administration, law,
police science, police administration, or related fields, and should have at
least five years of supervisory experience, or be a member of the Philippine
Bar with at least seven years of supervisory experience.

Regional Office; Regional Probation Officer (Sec. 22, PD 968)

The Administration shall have regional offices organized in accordance

with the field service area patterns established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who
shall be appointed by President of the Philippines in accordance with the
Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all
probation officer within his jurisdiction and such duties as may be assigned
to him by the Administrator. He shall have an annual salary of at least
twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional
Probation Officer who shall also be appointed by the President of the
Philippines, upon recommendation of the Secretary of Justice, with an annual
salary of at least twenty thousand pesos.

Provincial and City Probation Officers (Sec. 23, PD 968)

There shall be at least one probation officer in each province and city
who shall be appointed by the Secretary of Justice upon recommendation of
the Administrator and in accordance with civil service law and rules.
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The Provincial or City Probation Officer shall receive an annual salary of at
least eighteen thousand four hundred pesos.
His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper
court or the Administrator;
(b) instruct all probationers under his supervision or that of the probation
aide on the terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers
under his charge and use all suitable methods to bring about an
improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit such written reports
as may be required by the Administration or the court having
jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's
supervision of probationers;
(g) exercise supervision and control over all field assistants, probation
aides and other personnel; and
(h) perform such duties as may be assigned by the court or the
Administration.

Miscellaneous Powers of Regional, Provincial and City Probation

Officers (Sec. 24, PD 968)

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.”

Qualifications of Regional, Assistant Regional, Provincial, and City

Probation Officers (Sec. 25, PD 968)

No person shall be appointed Regional or Assistant Regional or

Provincial or City Probation Officer unless he possesses at least a bachelor's
degree with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, police administration, or related fields
and has at least three years of experience in work requiring any of the

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abovementioned disciplines, or is a member of the Philippine Bar with at
least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be
appointed from among qualified residents of the province or city where he
will be assigned to work.

LESSON 2. Volunteer Probation Assistants (VPAs) (Sec. 28, PD 968)

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 caseloads 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.”

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Activity 8

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Supply the missing data:

Key Positions Functions Qualifications Appointing

Authority
1. Probation
Administrator
2. Assistant
Probation
Administrator
3. Regional
Probation
Officer
4. Provincial
Probation
Officer
5. City Probation
Officer
6. Volunteer
Probation
Assistants

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Comments/ Suggestions/Observations
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

References:

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Alarid, L. F. (2015). Community-Based Correction. 10th Edition. Australia:
Cengage Learning
Bautista, F. S. and Guevara, R. M., (2013). Comprehensive Penology:
Institutional and Non-Institutional Corrections. Quezon City: Wiseman's
Books Trading
Dolinen-Gahar, L., (2012). Handbook on Non-Institutional Corrections. Rex
Book Store: Manila, Philippines
Esmeralda, R. M. (2015). Non-institutional correction: An instructional
Material. Isabela State University. Retrieved on August 17, 2020 from
Https://www.academia.edu/31642673/ISU_Non_instituional_Correction_I
nstructional_Materials
Guerrero, B. B., (2018). Community-Based Correction in the Philippines (Non-
institutional Correction). Quezon City: Wiseman's Books Trading
The History of Probation (n. d.). County of San Mateo Probation. Retrieved on
August 17, 2020. From https://probation.smcgov.org/history-probation
Establishment and Development of Probation Administration (n.d). Retrieved
on August 17, 2020 from http://probation.gov.ph/establishment-
development-probation-administration/

Part 2

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Topic 1: Parole and Probation Administration

The Probation Administration was created pursuant to the provisions of

Presidential Decree Number 968 otherwise known as the Probation Law of
1976. However, this was renamed into Parole and Probation Administration
by virtue of Executive Order 292 otherwise known as the Revised
Administrative Code of 1987.

Objectives:

At the end of this topic, the students will be able to:

 Know the legal basis for the creation of Parole and Probation
Administration
 Cite the functions of Parole and Probation Administration
 Appreciate the work of both Parole and Probation Administration
 Identify the functions of Parole and Probation Administration
 Explain the mandate, functions and goals of the Parole and
Probation Administration.

LESSON 1. Parole and Probation Administration: Legal Basis

As we go on, let us start our discussion with the legal basis for the
creation of Parole and Probation Administration. Below are different laws or
some of the provisions of laws that have something to do with the creation of
the agency.

1. Presidential Decree No. 968, as amended. This law “states that

there is hereby created under the Department of Justice an agency to
be known as probation administration herein referred to as
administration, which shall exercise general supervision overall
probationers”.

2. Executive Order 292 “The administrative code of 1987. This law

renamed Probation Administration into Parole and Probation
Administration and given the added function of supervising prisoners
who, after serving part of their sentence in jails/prisons are released on
parole. It also added another function to the agency to look into those
offenders released on conditional pardon with parole conditions.

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3. Section 66-70 of RA 9165, Dangerous Drug Board Resolution
No. 2 (July 19, 2005), and Memorandum of Agreement between
Dangerous Drugs Board and Probation Administration (August
17, 2005). This law provides that the Parole and Probation
Administration has the duty of investigating and supervising first-time
minor drug offenders placed under suspended sentence.

4. Section 54 and 57 of RA 9165. This law which is also known as the

Comprehensive Dangerous Drugs Act of 2002 expressed that the
parole and probation administration has the task to supervise a person
who is placed on probation or community service under the voluntary
service program.

5. Republic act 10389. Another law that amended PD 988

institutionalizing recognizance as a mode of granting the release of an
indigent person in custody as an accused in criminal case. This law
provides that the parole and probation administration has the
responsibility of monitoring and evaluating the activities of the person
released on recognizance.

6. Executive Order 468 “Revitalization of Volunteer Probation

Aide Program” October 11, 2005. This law mandated the PPA to
revitalize the volunteer probation aide program to heighten and
maximize community involvement and participation in the community-
based program of the agency in the prevention of crime, treatment of
offenders, and criminal justice administration.

7. Republic Act 10707. This law amended the following provisions of

P.D. 968. These are the following:
a. Section 4- Grant of Probation;
b. Section 9- Disqualified Offenders
c. Section 16- Termination of Probation
d. Section 24- Miscellaneous Powers of Regional, Provincial and City
Probation Officers;
e. Field Assistants, Subordinate Personnel; and
f. Section 28- Volunteer Probation Assistants.

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LESSON 2. Parole and Probation Administration: Mandates, Goals,
and Functions

Mandates of the agency

The Parole and Probation Administration is mandated to conserve and/

or redeem convicted offenders and prisoners who are under the probation or
parole system.

Goals of Parole and Probation Administration

The goals of the agency are: to promote the reformation of criminal

offenders and reduce the incidence of recidivism; and to provide a cheaper
alternative to the institutional confinement of first-time offenders who are
likely to respond to individualized community-based treatment programs.

Functions of Parole and Probation Administration

To carry out these goals, the agency through its network of regional
and field parole and probation offices performs the following functions:

a. To administer the parole and probation system. This reiterates that

the agency (through its regional, city and provincial offices) direct,
manage and implement parole and probation programs.

b. To exercise supervision over parolees, pardonees, probationers, first

time minor drug offenders under suspended sentence and clients
rendering community service.

Before E.O. 292 took effect, those who were released on parole and
conditional pardon were required to report to the city or municipal judge in
their respective locality each month and made to pay 50 pesos every time of
reporting. However, because of EO 292, the supervision of parolees and
pardonees was transferred to the PPA and the 50 pesos was no longer
required to them. Accordingly, to let parolees and pardonees pay 50 pesos is
an additional burden for them. Today, the supervision of offenders
undergoing parole, conditional pardon and probation is the sole responsibility
of the PPA.

c. To promote the correction and rehabilitation of criminal offender

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This function of the PPA goes with the modern trend of corrections
such as rehabilitation instead of punitive reaction. If we look back with the
old concept of corrections, it is more on punishment other than
rehabilitation. But this scheme did not deter would be criminals. Shifting
from the old concept to the modern one, innovative programs are introduced
in prisons/jails including community corrections with the end view of helping
the offender to become a use member of the community upon serving his
sentence or upon satisfying his parole programs, conditions of pardon and/or
probation.

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Activity 1

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. What is purpose of Executive Order 292 in renaming Probation

Administration into Parole and Probation Administration?
2. Give the salient features of the following laws:
a. Presidential Decree No. 968, as amended
b. Executive Order 292 “The administrative code of 1987
c. Republic act 10389
d. Republic Act 10707
3. How probation conserve or redeem convicted offenders and prisoners
who are under the probation or parole system?
4. How probation promotes the reformation of criminal offenders and
reduce the incidence of recidivism.
5. Differentiate the new concept of correction from the old concept.

Comments/ Suggestions/Observations
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Topic 2: Board of Pardons and Parole

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In the previous topic, we learned about Parole and Probation
administration. This time, I would like to direct you to another agency that
oversees different programs of community-based correction programs, the
Board of Pardon and Parole.

Objectives:

At the end of this topic, the students will be able to:

1. Identify the functions of the Board of Pardon and Parole;

2. Explain the legal basis of Board of Pardon and Parole;

3. List down the composition of Board of Pardon and Parole.

LESSON 1. Board of Pardons and Parole: Legal Basis

Let us start our discussion on the legal basis of BPP. As outlined by

R.M. Esmeralda (2015):

The Board of Pardons and Parole, created by virtue of Act No. 4103
(1933) known as the Indeterminate Sentence Law, is an agency under the
Department of Justice (DOJ) tasked to uplift and redeem valuable human
resources to economic usefulness and to prevent unnecessary and excessive
deprivation of personal liberty by way of parole or through executive
clemency.

Act 4103 was amended by Executive Order No. 292, to be read as

follows

Executive order no. 292 - Administrative Code Of 1987; [Book

IV/Title III/Chapter 6-Board Of Pardons and Parole]

SECTION 17. Board of Pardons and Parole. —The Board of Pardons and
Parole shall continue to discharge the powers and functions as provided in
existing law and such additional functions as may be provided by law.

SECTION 18. Board Composition. —The Board shall be composed of the

Secretary as Chairman and six (6) members consisting of: The Administrator
of the Parole and Probation Administration as ex-officio member, a
sociologist, a clergyman, an educator, a person with training and experience
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in correction work, and a member of the Philippine Bar; Provided, that one of
them is a woman. The members of the Board shall be appointed by the
President upon the recommendation of the Secretary and shall hold office for
a term of six (6) years, without prejudice to reappointment.

In case of vacancy by reason of death, incapacity, resignation or

removal of any of the Board members, the Secretary shall have the authority
to designate a temporary member possessing the qualifications of his
predecessor and to serve out his unexpired term or until the President shall
have appointed a regular member to fill the vacancy.

SECTION 19. Executive Director and Board Secretary; Support Staff. —

In the performance of his duties as Chairman of the Board of Pardons and
Parole, the Secretary shall be assisted by a staff headed by the Executive
Director who is at the same time the Secretary of the Board. The Executive
Director shall be appointed by the President upon the recommendation of
the Secretary. The Executive Director shall receive a monthly salary of
thirteen thousand five hundred pesos.

The Board Secretary shall prepare and keep the minutes of all the
board sessions in a book of records kept for the purpose, as well as all the
resolutions and recommendations of the Board on all actions involving
parole, pardons and executive clemency to the President; authenticate
and/or attest all minutes, resolutions and recommendations of the Board;
prepare and serve all notices of board meetings or sessions to the members
of the Board; prepare an annual report of all resolutions and
recommendations for parole or executive clemency and other reports that
the Department may require. He shall also perform such other functions as
the Board may from time to time assign to him.

SECTION 20. Board Meetings. —The Board shall meet regularly every
week, or as the Board may direct, or upon call by the Chairman/Secretary.
The members shall act only as a Board, and every decision of the majority
shall be valid as an act of the Board provided, that the Board may direct a
Board member to prepare and submit a report involving any application for
parole, pardon or any request for executive clemency for appropriate action
by the Board.

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SECTION 21. Board Rules and Regulations. —The Board is hereby
authorized to establish and prescribe, subject to the approval of the
Secretary, rules and regulations to govern the proceedings of the Board.

LESSON 2. Board of Pardons and Parole: Mandates, Functions and

Composition

What are the mandates and functions of Board of Pardons and

Parole? (Esmeralda, R. M. (2015))

The Board undertakes the following:

1. Looks into the physical, mental and moral records of prisoners who are
eligible for parole or any form of executive clemency and determines
the proper time of release of such prisoners on parole.

When prisoners are qualified to apply for parole as they already

served the minimum part of their sentences, the prison/jail authorities
will prepare a report including the names of those prisoners then
submit it to the office of the Board of Pardons and Parole (BPP). The
BPP upon receipt of the report and through coordination will forward
the names of those applicants to the office the Parole and Probation
Administration (PPA). The PPA in return through its field offices will
conduct a pre-parole investigation to determine whether such
prisoners are worthy to be given parole. Among those to be taken into
consideration are the physical, mental, moral and social
records/conditions of the individual prisoners. Again, this is to see to it
that the prisoner is fit to be given early release.

The PPA after conducting a background check against the listed

prisoners will submit their report together with their recommendations
to the BPP. The recommendations by the PPA will now be the basis of
the BPP to grant or deny the application for parole.

In applying for parole, prisoners need not to apply individually

because it is a motu proprio function of the head of the jail or prison to
submit names of eligible prisoners to the BPP.

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2. Assists in the full rehabilitation of individuals on parole or those under
conditional pardon with parole conditions, by way of parole
supervision.

In terms of rehabilitation of parolees, the BPP is the partner of

the PPA in the implementations of parole programs to every parolee.
But to supervise the program, this is the task of the PPA. Examples of
rehabilitation programs that the parolee should undergo are:
Livelihood training program, therapeutic community modality program,
etc.

3. Recommends to the President of the Philippines the grant of any form

of executive clemency to prisoners other than those entitled to parole.

In this aspect, every prisoner eligible for executive clemency

must pass through the scrutiny of the BPP. So here is the process, the
individual prisoner shall apply for executive clemency to the BPP. The
BPP through coordination will notify the PPA to conduct pre-executive
clemency investigation against the prisoner, after which, submit its
findings to the BPP. Based on the report of the PPA, the BPP will now
submit its recommendation to the president. In granting executive
clemency, the president may or may not follow what is recommended
by the BPP.

Lesson 3. Composition of The Board of Pardons and Parole

Chairman - The secretary of the Department of Justice

Ex-officio - Probation Administrator of the Parole and Probation

Administration

Members:

a. Sociologist

b. Clergyman/Educator

c. Psychiatrist

d. Person qualified for the work by training/experience and a

member of the Philippine Bar
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Activity 2

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Discuss briefly the functions of PPA.

2. Discuss briefly how the BPP was created in relation to Act 4103.
3. Explain briefly the role of BPP in the grant or denial of executive
clemency.
4. How is parole being awarded or granted? Discuss the process.
5. State the composition of the Board of Pardon and Parole

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Comments/ Suggestions/Observations
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
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Topic 3. Parole in the Philippines

This topic talks about parole. It has three lessons to wit: terminologies,
principles and historical background of parole.

Objectives:

At the end of this topic, the students will be able to:

 Understand the principles of parole

 Identify who are qualified and not qualified for parole; and
 Extend sense of appreciation on the role of parole as a form of early
release for inmates
 Explain important terms in parole
 Trace how parole came into existence
 Identify those who pioneered parole and explain their respective
contributions.

LESSON 1: Meaning of Terms

In the past lessons, you have read and learned something about
probation. This time, I would like you to shift your attention to parole. Parole
is another community-based correctional program. Parole is given to
deserving offender after they have served their minimum sentence in prison.
Maybe you still remember your topic in book 1 entitled division of penalty, on
that topic, every penalty has its maximum, medium and minimum term. So,
what we are referring in the condition before parole be given to the offender
is to serve his/her minimum sentence (the minimum term of prison
sentence.)

For Example, you were sentence to serve 6 years and 1 to 10 years.

The minimum is 6 years and 1 day, the medium is 8 years, and 10 is the
maximum term. If you have served at least 6 years and 1 day, meaning you
have already served the minimum term of your sentence then, you are
already qualified for parole but subject to other qualifications. Let’s, say you
were granted for parole, what would happen to the left 4 years’ term of
imprisonment, you will be serving at the community.

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To start with, let us explore the important terms use in the
administration of parole. So here we go!

Parole. The term “parole” refers to the conditional release of a convict from
a correctional institution after he serves the minimum term of his prison
sentence.

To say it in a simple way, this is a means of disposing offender under

confinement after serving the minimum part of his sentence. The remaining
sentence is served in the community until the expiration of his maximum
sentence. However, before an offender is qualified for parole, the sentence
imposed upon him should be indeterminate. When we say
indeterminate/indefinite sentence, there should be division of sentence, the
maximum and the minimum. Meaning to say, if the sentence imposed is
determinate/definite (fix sentence), he cannot be qualified for parole. The
release of the inmate to community is accompanied by conditions, which is
why, parole is considered conditional release. An example of the condition
that we are talking to is for the offender released under parole to remain in
his community and not to change his address without prior approval by the
PPA/BPP.

Carpeta. This term refers to the institutional record of an inmate which

consist 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 court, if any; certificate of non-appeal, certificate of detention
and other pertinent documents of the case.

When we say Carpeta, we are talking about the individual record of

each prisoner. This record contains documents relating to the case of each
individual prisoner that includes but not limited to an order by the court
committing the person to jail/prison; the decision of the trial court pertaining
to the case; the decision of the appellate court if the person did appeal or if
not, a certification that the person did not appeal; certification of detention;
and other documents like the nature of the case to which the person was
convicted.

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Parole Supervision. This refers to the supervision/surveillance by probation
and parole officer of a parolee.

Parolee. This refers to a prisoner who is released on parole.

Prison Record. This refers to 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 data he was received for confinement,
the place of confinement, the date of expiration of his sentence, the number
of previous convictions, if any, and his behavior or conduct while in prison.

Release document. This pertains to the “Discharge on Parole” issued by

the board of Pardons and Parole.

This document is issued upon the recommendation by the PPA that

conditions imposed on his release are fully complied and that he is worthy to
be removed from the control of the authority. The effect of discharge from
parole is tantamount of serving his sentence in full.

LESSON 2. Principles of Parole

The following are the principle of parole:

1. The government extends to the convicts a privilege by releasing

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

LESSON 3. Brief History of Parole

Prior to the mid-nineteenth century most offenders were sentenced to

flat/determinate sentence in prison. This created a major problem when
prisons became crowded. Governors were forced to issue mass pardons or
prison wardens had to randomly release offenders to make room for entering
prisoners.
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Credit for developing early parole is given to an Englishman, Capt.
Alexander Maconochie, and an Irishman, Sir Walter Crofton. In 1840,
Maconochie was appointed governor of the notorious English penal colony at
Norfolk Island off the coast of Australia. At the time, English criminals were
being transported to Australia and those sent to Norfolk Island were
considered twice condemned; they had been shipped to Australia from
England and from Australia to the island. Conditions were so bad that,
allegedly, men who received reprieves from the death penalty wept. The first
thing Maconochie did was to eliminate the flat sentence structure used in
Norfolk at the time of his arrival. Instead requiring convicts to serve their
sentences with no hope of release until the full sentence had been served,
Maconochie initiated a “mark system” whereby a convict could earn freedom
by hard work and good behavior in the prison. The earned marks could be
used to purchase either goods or reduction in sentence. Prisoners had to
pass through a series of stages beginning with strict imprisonment through
conditional release to final freedom. Movement through the stages was
dependent upon the number of marks accredited.

Like Maconochie, Sir Walter Crofton believed the length of the

sentence should not be an arbitrary period of time but should be related to
the rehabilitation of the offender. After becoming the administrator of the
Irish Prison System in 1854, Crofton initiated a system incorporating three
classes of penal servitude: strict imprisonment, indeterminate sentences,
and tickets-of-leave. This indeterminate system, or Irish system, as it came
to be known, permitted convicts to earn marks to move from solitary
confinement to a return to the community on a conditional pardon or ticket-
of-leave.

Zebulon Brockway, is credited with initiating indeterminate sentences

and parole release in the U.S. Similar to Maconochie and Crofton, Brockway
believed inmates should be able to earn their way out of prison through good
behavior. Thus, they should receive a sentence that could vary in length
depending upon their behavior in prison. In his opinion, this had two
advantages: First, it would provide a release valve for managing prison
populations. Second, it would be valuable in reforming offenders because
they would be earning release by demonstrating good behavior. Brockway
had the opportunity to pioneer this proposal in 1876 when he was appointed

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superintendent of Elmira Reformatory for youthful offenders in New York.
Inmates at Elmira were graded on their conduct, achievement and education.
On the basis of their behavior, they were given parole. Volunteer guardians
supervised the parolees and submitted written reports documenting their
behavior in the community. A condition of the parole was that the offender
report to the guardian each month.

In the Philippines, parole system came into existence by the passage

of Act 4103, as amended by Acts 4203 and 4225, otherwise known as the
Indeterminate Sentence Law, which took effect on December 05, 1933.
Section 3 of the law provides for the creation of Board of Pardons and Parole
to administer parole system in the Philippines.

LESSSON 4. Personalities

1. Alexander Maconochie

A Scottish geographer and captain in the Royal Navy, introduced the

modern idea of parole when, in 1840, he was appointed superintendent of
the British penal colonies in Norfolk Island, Australia. He developed a plan to
prepare them for eventual return to society that involved three grades. The
first two consisted of promotions earned through good behavior, labor, and
study. The third grade in the system involved conditional liberty outside of
prison while obeying rules. A violation would return them to prison and they
would start all over again through the ranks of the three-grade process. He
reformed its ticket of leave system, instituting what many consider to be the
world's first parole system. Prisoners served indeterminate sentences from
which they could be released early if they showed evidence of rehabilitation
through participation in a graded classification system based on a unit of
exchange called a mark. Prisoners earned marks through good behavior, lost
them through bad behavior, and could spend them on passage to higher
classification statuses ultimately conveying freedom.

2. Walter Crofton

Attempted to implement Maconochie's mark system when he became

the administrator of the Irish Prison System in 1854. Crofton felt that prison
programs should be directed more toward reformation, and that "tickets-of-
leave" should be awarded to prisoners who had shown definitive
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achievement and positive attitude change. After a period of strict
imprisonment, Crofton began transferring offenders to "intermediate prisons"
where they could accumulate marks based on work performance, behavior
and educational improvement. Eventually they would be given tickets-of-
leave and released on parole supervision.

Ticket of leave as we keep on mentioning in this discussion is a license or

permit given to a convict allowing him/her to leave prison under certain
conditions before the expiration of his sentence. A ticket of leave is usually
given as a reward for good conduct. The permission is revocable upon
subsequent misconduct.

Parolees were required to submit monthly reports to the police, and a police
inspector helped them find jobs and generally oversaw their activities. The
concepts of intermediate prisons, assistance and supervision after release
were Crofton's contributions to the modern system of parole (Clear and Cole
1997) as cited by Esmeralda, 2015.

By 1865, American penal reformers were well aware of the reforms achieved
in the European prison systems, particularly in the Irish system. At the
Cincinnati meeting of the National Prison Association in 1870, a paper by
Crofton was read, and specific references to the Irish system were
incorporated into the Declaration of Principles, along with other such reforms
as indeterminate sentencing and classification for release based on a mark
system. Because of Crofton's experiment, many Americans referred to parole
as the Irish system (Walker 1998) as cited by Esmeralda, 2015.

3. Zebulon Brockway

The director of the Elmira Reformatory in New York in 1876,

a penologist and is sometimes regarded as the "Father of prison reform" and
"Father of American Parole" in the United States. While warden at the Elmira
Reformatory in Upstate New York from 1876 to 1900, Brockway claimed to
introduce a program of education, training in useful trades, physical activity,
indeterminate sentences, inmate classification according to "grades," and an
incentive program; his own reports of the accomplishments of the
reformatory were highly influential in prison reform across the nation.
Publicly, Brockway claimed to believe that the aim of the prison was to

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rehabilitate and not simply just to punish. Grounding his claims in anecdotal
and eugenic "prison science," Brockway publicly advocated for the
reformatory's provision of Christian moral education paired with manual
labor as a means of reforming the individual incarcerated therein. He also
used the idea of the indeterminate sentence to incentivize prison discipline.

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Activity 3

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Give the concept of parole.

2. May a convict avail of parole if the penalty imposed upon him is
a straight penalty? Explain.
3. What is the effect of discharge from parole?
4. Is parole a matter of right or privilege?
5. What would be the consequence if a convict violated the
conditions of his parole?
6. State at least three (3) important personalities in the field of
parole and give their contributions.

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Module 2

Topic 4: Rules on Parole: The Indeterminate Sentence Law, Qualifications

and Disqualifications for parole, Eligibility and Application for Parole.

In this lesson, we will be learning so many things to include:

indeterminate sentence, determinate sentence, qualifications for parole, how
parole is administered, rules on parole condition violation.

Objectives:

At the end of the lesson, you should be able to:

1. Distinguish determinate from indeterminate sentence

2. Appreciate the importance of indeterminate sentence law

3. Determine the persons who are qualified and eligible for parole

Lesson 1. Indeterminate Sentence Law

Pursuant to act no 4103, otherwise known as “the indeterminate

sentence law”, as amended, the rules on Parole is hereby promulgated. The
main purpose of the indeterminate sentence law (ISLAW) is to uplift and
redeem valuable human material to economic usefulness and to prevent
unnecessary and excessive deprivation of personal liberty.

Before we dissect more features of the law, let us differentiate

indeterminate sentence to determinate sentence. If we say indeterminate
sentence, the term of imprisonment is not fixed. Example is Reclusion
Perpetua. Reclusion Perpetua ranges from 20 years and 1 day to 40 years.
Compared to determinate sentence, determinate means, the penalty
promulgated by court to an individual is fixed. Example, 8 years’
imprisonment, no minimum, no medium and no maximum.

Lesson 2. Persons Qualified for Parole

A prisoner is qualified for parole once the inmate had served the
minimum sentence less Good Conduct Time allowance earned, of his
indeterminate prison sentence that has a maximum period of which that
exceeds one year.
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Lesson 3. Who are disqualified for parole?

Pursuant to section 2 of Act 4103 as amended, parole shall not be

granted to the following:

a. Those convicted of offense punished with death penalty or life

imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit
treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition, or coup
d’ etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine
waters;
e. Those who are habitual delinquents, i.e., those who, within a period
of ten (10) years from the date of release from prison or last
conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa, and falsification, are found guilty of any of
said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who having been granted conditional pardon by the President
of the Philippines shall have violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one
(1) year or those with definite sentence;
i. Those convicted of offenses punished with reclusion perpetua,
j. Those convicted for violation of the laws on terrorism, plunder and
transnational crimes.

Lesson 4. Eligibility for Review of a Parole Case

An inmate’s case may be eligible for review by the board provided that:

1. Inmate is serving an indeterminate sentence the maximum period of

which exceeds one year;
2. Inmate has served the minimum period of indeterminate sentence;
3. Inmate’s conviction is final and executory;
4. Inmate has no pending case; and

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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.

In case the inmate has one or more co-accused who had been
convicted, the director/warden concerned shall forward their prison records
and carpetas/jackets at the same time.

National inmate means- one who is sentence to a maximum term of

imprisonment of more than three years or to be 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 or more prison sentences in the aggregate exceeding
the period of three.

Lesson 5. Where to apply for Parole?

A formal petition will be addressed to the President of the Philippines

thru to the chairman of Board of Pardons and Parole.

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Activity 4

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Differentiate indeterminate from determinate sentence

2. Andres Bonifacio organized a group known as KKK. He and his
group conspired together for the purpose of overthrowing the
Philippine Government and change it to Bonifacio Republic.
Enteng a by passer witness their conversation but did not
disclose or report to the authorities. Enteng was apprehended,
charged and convicted for misprision of treason. May Enteng
avail for parole? Explain.
3. Who is a national prisoner?
4. Where to apply for parole?

Comments/ Suggestions/Observations
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Module 2

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Topic 5: Rules on Parole: (Continuation of topic 4) Procedures, Basic
Guidelines, Factors, for the Grant of Parole

Topic five (5) focuses on the procedures, basic guidelines, factors to be

considered in the grant of parole. It also includes the study on the deferment
of parole when safety of prisoner, victim, relatives of the victim and
witnesses are compromised.

Objectives:

At the end of the lesson, the students will be able to:

1. Recall the procedures in the grant of parole

2. Know the basic guidelines for the grant of parole

3. Appreciate the reason or justification behind deferment of parole

4. State the factors to consider in the grant of parole

Lesson 1. Parole Procedures

1. Review upon the petition or motu proprio: forms and contents of the
petition:
a. that the prisoner’s case is eligible for review by the board;
b. that he is not disqualified from being granted parole
2. Transmittal of Carpeta and prison record by the director for 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 for 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.
4. Notice to offended party or his immediate relatives, personally or by
registered mail and given 30 days’ notice within which to
communicate their comment to the Board regarding the
contemplated grant of parole to the prisoner.

What are the basic guidelines for the Grant of Parole?

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1. The prisoner is fitted by his training for release;
2. There is a reasonable probability that, if released, he will live and
remain at liberty without violating the law; and
3. The release will not be incompatible with welfare of society.

Deferment of Parole When Safety of Prisoner/Victim/Relatives of

Victim/Witness Compromised

If, based on the Pre-Parole Investigation Report conducted on the

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

Lesson 2. What are the factors to be considered before parole is

granted?

A common misconception is that just because a convict is eligible for

parole, he will be automatically released and paroled into the community.
Equally, just because the convict has served enough of his jail term does not
mean he will be released without review. Neither are accurate. The fact of
the matter is that some inmates (e.g., Charles Manson) are never found
suitable for parole and will serve the rest of their term inside the prison
walls.

Public safety and assisting the offender in reintegrating into the

community are the most important considerations in any parole decision. Is
the inmate willing and ready to re-enter the community as a law-abiding
citizen and contribute to a safer society? Can the inmate’s release back into
society harm the general public? All relevant information is considered.

The parole board in its decision-making process will consider the

following information and criteria about the inmate:

1. age,
2. mental stability,
3. marital status,
4. education or vocational training,
5. remorse for the offense,
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6. time served on the current offense
7. prior criminal history,
8. type and severity of offense,
9. behavior, habits, traits,
10. rehabilitative efforts/progress, and
11. conduct during incarceration.

Special Factors to be considered for the grant of Parole

The Board may give special consideration to the recommendation for

commutation of sentence or conditional pardon whenever any of the
following circumstances are present:

1. youthful offenders;
2. prisoners who are sixty (60) years old and above;
3. physical disability such as when the prisoner is bedridden, a deaf
mute, a leper, a cripple or is blind or similar disabilities;
4. serious illness and other life-threatening disease as certified by a
government physician;
5. those prisoners recommended for the grant of executive clemency
by the trial/appellate court as stated in the decision;
6. alien prisoners where diplomatic considerations and amity between
nations necessitate review;
7. circumstances which show that his continued imprisonment will be
inhuman or will pose a grave danger to the life of the prisoner or his
co-inmates; and
8. such other similar or analogous circumstances whenever the
interest of justice will be served thereby.

Lesson 3. Deferment of Parole When Safety of

Prisoner/Victim/Relatives of Victim/Witness Compromised

If, based on the Pre-Parole Investigation Report conducted on the

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

Initial Report of the Parolee to his Parole Officer

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Within the period prescribed in his Release Document, the prisoner
shall present himself to the Probation and Parole Officer specified in the
Release Document for supervision.

If within forty-five (45) days from the date of release from prison or jail,
the parolee/pardonee concerned still fails to report, the Probation and Parole
Officer shall inform the Board of such failure, for appropriate action.

Activity 5

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Briefly discuss the procedures in granting parole.

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2. State the reason or justification behind deferment of parole.
3. May a convict who is eligible for parole, be automatically
released and paroled into the community? Explain.
4. What are the most important considerations in any parole
decision? Why?

Comments/ Suggestions/Observations
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Topic 6. Rules after Grant of Parole

This topic focus on parole supervision, infraction or violation of the

terms and conditions of the release document and termination of parole
supervision.

Objectives:

At the end of the lesson, the students will be able to:

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1. Know the different activities of the Board regarding parole
supervision

2. Recall the procedures in case of infraction of the terms and

conditions of parole

3. Know the effects of termination of parole supervision

Lesson 1. Parole Supervision

Release; Form of Release Document

A prisoner shall be release upon the grant of parole. Such grant of

parole shall be evidence by the Release Document, which shall be in the
form prescribed by the Board and shall contain the latest 1’’x1’’ photograph
and right thumb print of the prisoner.

Transmittal of Release Document

The Board shall send a copy of a Release Document to the prisoner

through the Director of Corrections or Warden of the jail where he is
confined. On the date of actual release of the prisoner, the Director or
Warden concerned shall send a certification of said release to the Probation
and Parole Officer specified in the Release Document.

Parole Supervision

After release from confinement, the parolee shall be placed under the
supervision of the Probation and Parole Officer specified in the Release
Document.

Presentation to Probation and Parole Officer

Within the period prescribed in his Release Document, the parolee

shall present himself to the Probation and Parole Officer specified in the
release Document for the supervision

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If the parolee fails to report within forty-five (45) days from the date of
his release from confinement, the Probation and Parole Officer shall inform
the Board of such failure for the Board’s appropriate action.

Arrival Report

Within fifteen (15) working days from the date when the Parolee
reported for supervision, the Probation and Parole Officer concerned shall
inform the Board, through the Technical Service of the Parole and Probation
Administration of such fact.

Mandatory Conditions of Supervision

It shall be mandatory for a parolee to comply with the terms and

conditions appearing in the release document.

Review and Modification of Conditions

The Board may, motoproprio or upon recommendation of the Probation

and Parole Officer, revise or modify the terms and conditions appearing in
the release document.

Transfer of Residence

a parolee may not transfer from the place of residence designated in

his Release Document without the prior written approval of the Regional
Director subject to the confirmation of the Board.

Outside Travel

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.

Travel Abroad and/or Work Abroad

any parolee under active supervision/surveillance who has no pending

criminal case in court may apply for overseas work or travel abroad.
However, such application for travel abroad shall be approved by the Parole
and Probation Administrator and confirmed by the Board.
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Death of Parolee

If a parolee dies during parole supervision, the Probation and Parole

Officer shall immediately transmit a certified true copy of parolee’s death
certificate to the Board recommending the closing of the case. However, in
the absence of a death certificate, an affidavit narrating the circumstances of
the fact of death from the barangay chairman or any authorized officer or
any immediate relative where the parolee resided, shall suffice.

Lesson 2. Infraction/ Violation of The Terms and Conditions of the

Release Document

Reports

The probation and parole officer concerned shall submit the following
reports to the Board:

a. A Progress Report refers to the report submitted by the Probation and

Parole Officer on the conduct of the parolee while under supervision.

b. An Infraction Report refers the report submitted by the Probation and

Parole Officer to the Board, through the Technical Service of the Parole
and Probation Administration when parolee has been subsequently
convicted of another crime.

c. A Violation Report refers to the report submitted by the Probation and

Parole Officer to the Board through the Technical Service of the Parole
and Probation Administration when 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.

Arrest of Parolee

Upon receipt of an Infraction Report, the Board may order the arrest or
recommitment of the parolee.

Effect of Recommitment of Parolee

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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.

Withdrawal of Release Document

The Board may withdraw the Release Document if it finds that material
information given by the parolee to the Board, either before or after release,
was false, or incomplete or that the parolee has willfully or maliciously
concealed material information from the Board.

Lesson 3. Termination of Parole Supervision

Summary Report

After the expiration of the maximum sentence of a parolee, the

Probation and Parole Officer concerned shall submit to the Board, through
the Chief Probation and Parole Officer, a summary report on his supervision
of a parolee.

The clearances from the police, court, and prosecutor’s office and
barangay officials shall be attached to the Summary Report.

Certificate of Final Release and Discharge

Upon receipt of the Summary Report, the Board shall, upon the
recommendation of the Chief Probation and Parole Officer that the parolee
has substantially complied with all the conditions of his release document,
issue to the parolee a certificate of Final Release and Discharge.

Effect of Certificate of Final Release and Discharge

Upon the issuance of a certificate of final release and discharge, the

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

Transmittal of Certificate of Final Release and Discharge

The Board shall forward a certified true copy of the certificate of Final
Release and Discharge to the parolee, the Court which imposed the
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sentence, the Probation and Parole Officer concerned, the Bureau of
Corrections, the National Bureau of Investigation, the Philippine National
Police and the Office of the President.

Activity 6

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. When may a prisoner be release on parole?

2. Discuss the duty of the parolee after the grant of his parole.

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3. May the terms and conditions appearing in the release document of
the parolee be revised or modified? Explain.
4. Can a parolee exercise his right to abode and travel? Explain.
5. What is the duty of the parole and probation officer in case of
infraction or violation of the terms and conditions of parole? Explain.
6. What is the effect of a final discharge of a parolee?

Comments/ Suggestions/Observations
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Topic 7. Executive Clemency

This topic focus on the nature of executive clemency, the basis that
gives the President’s power to grants such clemencies, and the reasons or
circumstances why executive clemencies are granted. This topic also
discusses in detail pardon and amnesty.

Objectives:

At the end of this topic, the students will be able to:

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1. Understand the nature of executive clemency

2. Know the rationale behind the grants of executive clemency

3. Distinguish absolute from conditional pardon.

4. Differentiate pardon from amnesty

Lesson 1. Nature of Executive Clemency

In the book of Dolinen-Gahar (2012), Clemency simply means leniency

or mercy. In other way around, clemency is considered to be an act of grace.
While executive clemency means, the power of the President in state
convictions, to pardon a person convicted of a crime, commute the sentence,
or reduce it from death to another lesser sentence. There are many reasons
for exercising this power, including real doubts about the guilt of the party,
apparent excessive sentence, humanitarian concerns such as illness of an
aged inmate, to clear the record of someone who has demonstrated
rehabilitations or public service.

Executive Clemency is extended by the president and not a function of

judiciary. It is an executive function and not a delegable power.

What gives the president the power to exercise executive

clemencies?

Executive power under section 1 of article VII, 1987 Philippine

Constitution is defined as the power to enforce and administer the laws,
which means carrying them into practical operation and enforcing their due
observance. The President shall ensure that laws are faithfully executed.

Section of Article of the 1987 Philippine Constitution authorizes the

president of the Republic of the Philippines to grant not only pardon but also
reprieve, commutation of sentence, remission of fines and forfeitures, and
amnesty.

Please take note class that, the president shall also have the power to
grant amnesty with the concurrence of the majority of all members of the
congress.

Why executive clemencies are extended? (Esmeralda, 2015)

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In general, Executive Clemency is often extended for humanitarian
reasons, such as to an aged and ill inmate who needs specialized medical
care. Inmates who suffer from serious, contagious, or life-threatening illness
or disease and those prisoners with severe disability can now be
recommended for executive clemency.

The condition of the inmate should be certified “under oath” by a

physician of the Bureau of Corrections Hospital and likewise certified under
oath by a physician designated by the Department of Health (DOH

It is also extended in the following instances:

1. When there is real doubt about the guilt of the party.

2. When the sentence given is Apparently excessive
3. When the party is a political or personal friend of the President.
4. To clear the record of some who has demonstrated rehabilitation or
public service.

Extraordinary Circumstances for the Grant of Executive Clemency

The Board shall recommend to the President the grant of executive

clemency when any of the following extraordinary circumstances are
present:

1. The Trial Court or appellate court in its decision recommended the

grant of executive clemency for the inmate;
2. Under the peculiar circumstances of the case, the penalty imposed
too harsh compared to the crime committed;
3. Evidence which the court failed to consider, before conviction which
would have justified an acquittal of the accused;
4. Inmates who were over fifteen (15) years but under (18) years of
age at the time of the commission of the offense;
5. Inmates who are seventy (70) years old and above whose continued
imprisonment is Inimical to their health as recommended by a
physician of the Bureau of Corrections Hospital and certified under
oath by a physician designated by the Department of Health.
6. Inmates who suffer from serious, contagious or life-threatening
illness disease, or with severe physical disability such as those who
are totally blind, paralyzed, bedridden, etc., as recommended by a
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physician of the Bureau of Corrections Hospital and Certified under
oath by a designated by the Department of Health;
7. Aliens inmates where diplomatic considerations and amity nations
necessitate review; and
8. Such other similar or analogous circumstances whenever the
interest of justice will be served thereby.

Filing of Petition for Executive Clemency (Esmeralda, 2015)

A formal petition for executive clemency addressed as follows shall be

submitted to the Board before the question of said clemency will be
considered:

"The President of the Philippines

Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"

Petitions for parole shall be addressed to the Chairman or to the

Executive Director of the Board.

However, the Board may, motu proprio, consider cases for parole,
commutation of sentence or conditional pardon of deserving prisoners
whenever the interest of justice will be served thereby.

CONTENTS OF PETITION

1. Name of the prisoner

2. Age
3. Previous criminal record
4. Whether a Filipino citizen or an alien and, if a naturalized Filipino, his
former nationality and date of naturalization,
5. Previous occupation
6. Place of residence
7. Present crime for which he was convicted,
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8. Trial/Appellate court,
9. His penalty of imprisonment, fine, indemnity and the commencing date
thereof
10. Jail or prison to which he was committed and/or where he is
presently confined
11. Date he was received for confinement
12. Grounds upon which executive clemency is being asked and
certification from the trial court that his case is not on appeal.

NOTA BENE: A petition for absolute pardon shall be under oath and shall
include the date the petitioner was released from prison after service of
sentence or released on parole/pardon or terminated from probation.

Likewise, the names of those being considered for executive clemency

shall be published in a newspaper of national circulation. 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

objections/comments/information relevant to the cases of inmates being
considered for executive clemency not later than thirty (30) days from date
of publication.

LESSON 2: Pardon and Amnesty

A. PARDON

History of Pardon

In medieval Europe the power to grant pardon was held by various

bodies, including the Roman Catholic Church and certain local rulers, but by
the sixteenth century it usually was concentrated in the hands of the
monarch. In post-Reformation England, the royal prerogative of "mercy" was
used for three main purposes: (1) as a precursor to the as-yet-unrecognized
defenses of self-defense, insanity, and minority; (2) to develop new methods
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of dealing with offenders unrecognized by legislation, such as transportation
or military conscription; and (3) for the removal of disqualifications attaching
to criminal convictions.

The eighteenth century: pardons and the classical school. During the
eighteenth century the sovereign's power to grant pardons in individual
cases came under attack, notably by Cesare Beccaria in his famous essay On
Crimes and Punishments. Permitting the sovereign to interfere with the
implementation of the laws was perceived as a threat to the concept of the
separation of powers in derogation of the autonomy of both legislature and
judiciary—although Montesquieu, with whom the concept of the separation of
powers is associated, did not oppose the pardoning power. Such
interventions were also seen as detrimental to the deterrent powers of the
law, which were predicated on the inexorability of its implementation.
Finally, the rampant use of pardons (particularly with respect to accomplices
to crimes who informed against the principal perpetrators) was seen as a
source not only of uncertainties but also of corruption and abuse.

In the Philippines, the pardoning power is vested in the President by

Art VII, Sec 10, par (b) of the Philippine Constitution which states “the
President shall have power to grant reprieves commutation for all offenses,
except cases of impeachment upon such conditions with such restriction and
limitation as he may deem proper to impose. He shall have the power to
grant amnesty with the concurrence of the Congress.”

Pardon is a form of executive clemency which is exercised by the chief

executive. It is an act of grace and the recipient is not entitled to it as a
matter of right (Guerrero, 2018).

Pardon 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 the law inflicts for a crime he has
committed. It is the private, though official act of the executive magistrate,
delivered to the individual for whose benefit it is intended, and not
communicated officially to the Court. A pardon is a deed, to the validity of
which delivery is essential, and delivery is not complete without acceptance”
(Esmeralda, 2015).

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Kinds of Pardon

A. Absolute Pardon

o Refers to the total extinction of criminal liability of the individual

to whom, it is granted without any condition whatsoever and
restores to the individual to his civil rights and the penalty
imposed for the particular offense of which he was convicted.

Purposes of Absolute Pardon

1. To do away with the miscarriage of justice.

2. To keep punishment abreast with the current philosophy concept or

practice of criminal justice administration.

3. To restore full political and civil rights of person who have already
served their sentence and have waited the prescribed period.

Who will investigate the conduct and activities of Petitioner for

Absolute Pardon?

 Upon receipt of petition for the grant of absolute pardon, the Board
shall refer the petition of absolute pardon to a probation officer and the
same will investigate the conduct, activities as well as the social and
economic conditions of the petitioner prior to his conviction and since
his release from prison.

B. Conditional Pardon

o Refers to the exemption of an individual, within certain limits or

conditions, from the punishment, which the law inflicts for the
offense he was committed resulting in the partial extinction of
his criminal liability.

Is Pardon Necessary in Our Penal System?

Judges are human and are therefore apt to commit errors. It is possible
for an innocent person to get convicted as it is possible for a criminal to

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escape the hands of justice to prove his innocence, or he may not have the
money to hire a good counsel. Many of our penal laws are outmoded and
have not kept abreast with the current trends of criminal justice
administration. Judges are limited by laws as to the use of discretion they
may exercise in any given case. Under any of the above circumstances, an
injustice may result, which can only be remedied by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be

sufficiently protected against the ex-prisoner if the latter is released through
parole or conditional pardon. Unfortunately, not all sentences are
indeterminate so that some prisoners are deprived of the privilege of parole.
Therefore, pardon is necessary for the prisoners who do not fall under the
parole law.

What is the effect of pardon? (Esmeralda, 2015)

While a pardon has generally been regarded as blotting out the

existence of guilt so that in the eye of the law the offender is as innocent as
though he never committed the offense, it does not operate for all purposes.
The very essence of a pardon is forgiveness or remission of guilt. Pardon
implies guilt. It does not erase the fact of the commission of the crime and
the conviction thereof. It does not wash out the moral stain. It involves
forgiveness and not forgetfulness.

The better considered cases regard full pardon (at least one not based
on the offender’s innocence) as relieving the party from all the punitive
consequences of his criminal act, including the disqualifications or disabilities
based on the finding of guilt. But it relieves him from nothing more. “To say,
however, that the offender is a “new man”, and “as innocent as if he had
never committed the offense;” is to ignore the difference between the crime
and the criminal. A person adjudged guilty of an offense is a convicted
criminal, though pardoned; he may be deserving of punishment, though left
unpunished; and the law may regard him as more dangerous to society than
one never found guilty of crime, though it places no restraints upon him
following his conviction.”

A pardon looks to the future. It is not retrospective. It makes no

amends for the past. It affords no relief for what has been suffered by the

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offender. It does not impose upon the government any obligation to make
reparation for what has been suffered. “Since the offense has been
established by judicial proceedings, that which has been done or suffered
while they were in force is presumed to have been rightfully done and justly
suffered, and no satisfaction for it can be required.”

When Pardon is granted?

Pardon is granted only after final conviction. As provided under section

19 of Article 19 of 1987 constitution.

Pardon maybe granted by the President of the Philippines upon the

recommendation of Board of Pardons and Parole. The BPP review and/or
recommend to the president the grant of executive clemency.

B. Amnesty

What Is Amnesty? (Esmeralda, 2015)

A general pardon extended to a group of persons, such a political

offender purposely to bring about the return of dissidents to their home and
to restore peace and order in the community. It Is generally exercised by the
Chief Executive with the concurrence of congress.

It is an act of sovereign power granting oblivion or general pardon for

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

Note: Amnesty can be availed of before, during and after the trial of the
case, even after conviction.

Amnesty was derived from the Greek word amnasthia, has retained the
original concept of oblivion, although it has evolved into distinct technical
concepts in criminal law, constitutional law and international law (Dolinen-
Gahar, 2012).

Purpose of Amnesty (Dolinen-Gahar, 2012)

The purpose of amnesty is to hasten a country’s return to political

normalcy by putting behind it the animosities of the past through a pardon
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that will open the door to living normal lives for groups of people targeted by
the amnesty. These groups were once involved in political activities during
certain troubled times like war or rebellion and by making a gesture of the
state forgetting past destructive activities of political dissidents or rebels and
allowing them to lead normal lives, the country in turn will returns to
normalcy.

What is the difference of Amnesty to Pardon? (Esmeralda, 2015)

1. As to the number of those who can avail: Pardon includes any crime
and is exercised individually by the Chief Executive, while amnesty is a
blanket pardon granted to a group of prisoners, generally political prisoners.

2. As to the Time to Avail: Pardon is exercised when the person is

already convicted, while amnesty maybe given before trial or investigation is
done.

3. As to the Consent of Congress: Pardon is granted by the Chief

Executive and such as private act, which must plead and proved by the
person pardoned because the court takes no choice thereof. While amnesty
is by proclamation with concurrence of congress, and it is a public act, which
the court should take judicial notice.

4. As to the Effect: Pardon is an act of forgiveness, i.e. it relieves the

offender from the consequences of the offense, while amnesty is an act of
forgetfulness. i.e. it puts into oblivion the offense of which one is charged so
that the person as if he had never committed the offense.

5. As to the Crime committed: Pardon is granted for infractions of the

peace of the State while amnesty, for crimes against sovereignty of the state
(ex. political offense)

Activity 7

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. What is the rationale behind the grants of executive clemency?

Explain.

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2. If executive clemency is extended for humanitarian reasons, does it
give justice to the victim/s? Give your point of view.
3. Is Pardon Necessary in our penal system?
4. Distinguish pardon from amnesty.
5. What is the effect of pardon?

Comments/ Suggestions/Observations
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Topic 8. Executive Clemency (Continuation of topic 7)

This topic is a continuation of topic seven on executive clemency which

focus on commutation of sentence and reprieve.

Objectives:

At the end of this topic, the students will be able to:

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1. Understand the basic concept of commutation of sentence

2. Know the circumstance by which commutation of sentence is

extended or granted

3. Differentiate commutation of sentence from reprieve

Lesson 1. Commutation of Sentence (Esmeralda, 2015)

The act of the president in changing, reducing or mitigating a heavier

sentence to a lighter one or a longer term into a shorter term. It may alter
death sentence to life sentence or life sentence to a term of years.

It does not forgive the offender but merely to reduce the penalty
pronounce by the court.

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

by reducing the degree of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment of the original sentence.

A commutation of sentence takes place when the sentence, generally

one of imprisonment, is reduced to a lesser penalty or jail term. This type of
clemency does not void the conviction.

Specific cases where commutation is provided for by the code:

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

2. When ten justices of the Supreme Court failed to reach a decision for the
affirmation of the death penalty;

3. In other cases, the degree of the penalty is reduced from death to

reclusion perpetua.

In Commutation of Sentence, consent of the offender is not necessary.

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

Who may file a petition for commutation of sentence?

The Board may review the petition of a prisoner for commutation of

sentence if he/she meets the following minimum requirements:

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A. Communication of sentence, the inmate should have served:

1. At least one-third (1/3) of the definite or aggregate prison terms;

2. At least one-half (1/2) of the minimum of the indeterminate prison term or

aggregate minimum of the indeterminate prison terms;

3. At least ten (10) years for inmates sentenced to one (1) reclusion
perpetua or one (1) life imprisonment, for crimes/offenses not punished
under Republic Act No. 7659 and other special laws.

4. At least thirteen (13) years for inmate who’s determinate and/or definite
prison terms were adjusted to do a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code as
amended.

5. At least fifteen (15) years for inmates convicted of heinous

crimes/offenses s defined in Republic Act no. 7659 or other special laws
committed on or after January 1, 1994 and sentenced to one (1) reclusion
perpetua or one (1) life imprisonment.

6. At least eighteen (18) years for inmates convicted and sentenced to

reclusion perpetua or life imprisonment for violation of Republic Act No.
6425, as amended, otherwise known as “The Dangerous Drugs Act of 1972”
or Republic Act No. 9165 also known as “The Comprehensive Dangerous
Drugs Act of 2002”, and for kidnapping for ransom or violation of the laws on
terrorism, plunder and transnational crimes.

7. At least twenty (20) years for inmates sentenced to two (2) or more
reclusion perpetua or life imprisonment even if their sentences were
adjusted to a definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as amended.

8. At least twenty-five (25) years for inmates originally sentenced to death

penalty but which was automatically reduced or commuted to reclusion
perpetua or life imprisonment.

Lesson 2. REPRIEVE (Esmeralda, 2015)

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Reprieve, in criminal law, the temporary suspension of a sentence,
such as a stay of execution, granted a person convicted of a capital crime. A
reprieve is usually granted by the sovereign or chief executive and also, in
the United States, by the governor of a state. In some cases, it may be
granted by the court that tried the offender.

It is a postponement of sentence or temporary stay of the execution of

sentence especially the execution of the death sentence. Generally, Reprieve
is extended to prisoners sentenced to death.

The date of execution of sentenced is set back several days to enable

the Chief to study the petition of the condemned man for commutation of
sentenced or pardon.

A reprieve is given to suspend the execution of a sentence in order to

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

Purpose of Reprieve

The purpose of the reprieve is generally to allow an investigation into

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

Activity 8

Directions: Answer briefly the question in a word format. Submit it on the

schedule provided by the instructor through the provided link or group chat.

1. Discuss the concept of commutation of sentence.

2. State the circumstance by which commutation of sentence is
extended or granted.
3. Differentiate commutation of sentence from reprieve.

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Comments/ Suggestions/Observations
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REFERENCES

Dolinen-Gahar, L., (2012). Handbook on Non-Institutional Corrections. Rex

Book Store: Manila, Philippines

Guerrero, B. B., (2018). Community-Based Correction in the Philippines (Non-

institutional Correction). Quezon City: Wiseman's Books Trading

Esmeralda, R. M. (2015). Non-institutional correction: An instructional

Material. Isabela State University. Retrieved on August 17, 2020 from
Https://www.academia.edu/31642673/ISU_Non_instituional_Correction_Instru
ctional_Materials

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