PROBATION AND

EXECUTIVE
CLEMENCY
WHAT IS PROBATION?
P.D. 968 signed on July 24, 1976, also known as the Adult
Probation Law of 1976 ( sec 1 of PD 968)

• Probation is a disposition under which a defendant , after

conviction and sentence, is released subject to conditions
imposed by the court and under the supervision of a probation
officer

• TAKE NOTE: a probation officer is the person who investigates

for the court a referral for probation or supervises a
probationer or both. A Probationer, on the other hand, is the
person placed on probation
PURPOSES OF PROBATION
• To promote the correction and rehabilitation of an offender by
providing him with individualized treatment

• To provide an opportunity for the reformation of a penitent offender

which might be less probable if he were to serve a prison sentence

• To prevent the commission of the offense (sec 2 of PD 968)

PROCEDURE FOR PROBATION
A. Application for probation shall be filed with the trial court by a
sentenced convicted person with the period of perfecting an
appeal which is within fifteen (15) days from receipt of a copy
of judgement of conviction
It must be stressed further that if the person sentenced is a
child, the court may place the child on probation at anytime in
lieu of service of his/her sentence taking into account his best
interest.
What if the convict appealed nor
appealed for probation?
• If a convict did not appeal and did not also apply for
probation, he is going to serve the sentence
imposed by the court. This is because after the lapse
of the fifteen (15) day period to appeal, judgement
of conviction becomes final.
Are all convicts qualified to apply
for probation?
• No, not all convicts may apply for probation. There are some person
who are disqualified to apply for probation and they are as follows:
• Those sentence are move to serve a maximum term of imprisonmet of
more than 6 years
• Those convicted of any offense against the security of the state
• Those who have been previously convicted by final judgement of an
offense ounished by imprisonment of not less than one month and
one day or a fine not less than 200 pesos
• Those who have been once on probation under the provisions of
Presidential Decree 968
• Those who are already serving sentence at the time the Presidential
Decree was 968 enacted
B. Order of the court to conduct Post Sentence Investigation (PSI)

The court shall order a probation officer to conduct Post- sentence

investigation to determine that the ends of justice and the best interest
of the public as well as the defendant will be served in granting or
denying probation.
C. Submission of Investigation Report (IR)

The probation officer shall submit to the court his investigation report
(IR) for not later than 60 days from receipt of the order of said court to
conduct investigation.

TAKE NOTE: The investigation report to be submitted by the probation

officer shall be in the form prescribed by the probation administrator
and approved by the secretary of justice
D. RESOLUTION OF THE COURT

The court shall resolve the petition for probation not later than 15 days
after receipt of said report.

Pending submission of the investigation report and the resolution on the

petition, the defendant may be allowed on temporary liberty under his
bail filed in the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize under the custody of a
respiinsible member of the community who shall guarantee his
appearance whenever required by the court.
IS THE COURT BOUND BY THE FINDINGS OF
THE PROBATION OFFICER?
• No, the court is not bound by the findings of the probation officer but
they will be taken into consideration in either granting or denying
probation. In other words, said findings are only considered as
recommendations to the court. The court has still the final say wether
probation shall be granted or denied.
In either granting or denying probation,
what shall the court consider?
• In determining whether an offender may be place 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 in the courts find that:
• The offender is in need of correctional treatment that can be provided
most effectively by his commitment to an institution;
• There is undue risk that during the period of probation the offender
will commit another crime; or
• Probation will depreciate the seriousness of the offense commited
E. EFFECTIVITY OF PROBATION ORDER

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 place on probation.
F. CONTROL AND SUPERVISION OF PROBATIONER

The probationer and his probation program shall be under the control of
the court who place him on probation subject to actual supervision and
visitation by a probation officer.
What are the 2 main function of a
probation officer?
• To Conduct Post- sentence investigation (PSI) to determine that the
ends of justice and the best interest of the public as well as the
defendant will be served in granting or denying probation
• To supervise the convict if he is granted probation
E. TERMINATION OF PROBATION

After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed
terminated.
What are the other matters that
must be considered in probation?
A. PROBATION IS A MATTER OF PRIVILEGE, NOT RIGHT

Probation is a matter of privilege because only selected persons may

avail of it. If probation is denied by the court after considering all
information relative to the applicant’s characteristics, antecedents,
environment, mental and physical condition, he cannot appeal the
resolution of the court

B. PERIOD OF PROBATION
• 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; and
• When the sentence imposes a fine only and offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation
not be less than nor more than twice the total number of days of
subsidiary imprisonment as computed at the rate established, in
Article 39 and the Revised Penal Code
C. CONFIDENTIALITY OF RECORDS

The investigation report and the supervision history of a probationer

obtained under PD 968 shall be privileged and shall not be disclosed directly
and indirectly to anyone other than the Probation Administration of the court
concerned, except that the
WHAT IS PARDON?
• pardon is an executive clemency granted by
the President/Chief Executive. It is the act of
grace proceeding from the power entrusted
with the President which exempts the
individual on whom it is bestowed, from
punishment the law inflicts for a crime he has
committed.
KINDS OF PARDON
 ABSOLUTE PARDON

- an absolute pardon is given without any condition attached. It does

not, however, operate to restore the right to hold public office or the
right of suffrage, unless such rights are expressly restored by the terms
of pardon. It becomes effective once if it is granted and there is no
need for the offender to accept it.

 CONDITIONAL PARDON

- a conditional pardon id given with condition/s attached. Hence,

must be accepted by the offender to become effective.
WHAT IS THE OBJECT OF THE PARDONING
POWER OF THE PRESIDENT?
• pardon exist to afford relief from undue harshness or evident mistakes
in the operation or enforcement of criminal law.
3 BRANCHES OF THE GOVERNMENT:
• LEGISLATIVE
• EXECUTIVE
• JUDICIARY
 to remedy these problems, the President, as the head of the Executive
Branch, is given the discretion to pardon or set free those he believes
are subjects of harsh laws or those he beleives are innocent but
convicted by the court.
WHAT ARE THE EFFECTS OF PARDON?
a. It removes penalties and disabilities and restores a
person of his full civil and political rights;
b. It does not discharge the civil liability of thr convict
to the individual he has wronged as the President
has no power to pardon a private wrong.
c. It does not restoren offices, property, or rights
vested in others in consequence of conviction.
WHAT ARE THE LIMITATIONS OF
PARDONING POWER OF THE PRESIDENT?
a. Pardon cannot be extended in case of
impeachement;
b. No pardon, parole, or suspension of sentence for
violation of election laws may be granted without
the favorable recommendation of Commission on
Election(COMELEC):
c. Pardon is exercised only after conviction by final
judgement: and
d. No pardon may be exercised over a civil contemp.
WHAT IS AMNESTY AND WHAT
ARE ITS DISTINCTIONS FROM
PARDON?
• Amnesty defined:
• Amnesty is an act of sovereign power granting oblivion or
general pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political
character, such as treason, sedition, and rebellion.

• The effect of amnesty:

• Amnesty abolishes and puts into oblivion the offense of which
one is charge, so that the person released by amnesty is considered
as if he did not commit any offense.

• "Oblivion" means the state of forgetfulness.

PARDON AND AMNESTY
DISTINGUISHED
• The distinctions between Pardon and Amnesty are the following:
• a. Pardon includes any crime, while Amnesty includes political crimes
only;
• b. Pardon is exercised individually, while amnesty is exercised generally;
• c. Pardon is given only when the person is convicted, while amnesty
may be granted before trial or during investigation;
• d. Pardon maybe granted by the President himself, while amnesty is
granted by the President with the concurrence of Congress; and
• e. Courts take no judicial notice of pardon, while courts take judicial
notice of amnesty.
• "Judicial notice" is a fact need not be proved. Hence, any person who
claims that pardon has been granted must proved it in court, unlike
amnesty.
 WHAT IS GOOD CONDUCT TIME
ALLOWANCE?
• Good conduct time allowance is the reduction of
period of imprisonment if a convict shows a good
behavior. Consider the following:
Period of Reduction:
Imprisonment:
a. 1-2 years 20 days per month
b. 3-5 years 23 days per month
c. 6-10 years 25 days per month
d. 11 and above 30 days per month
Take note: At any time during the period of
Imprisonment, he shall be allowed another deduction of
fifteen (15) days in addition to the above stated, for
KINDS OF HABITUALITY OR REPITION
RECIDIVISM

QUASI-RECIDIVISM

HABITUAL DELIQUENCY
REITERACTION