“NON-INSTITUTIONAL

CORRECTION”

CORRECTIONAL ADMINISTRATION II
COMMUNITY BASED CORRECTION OR NON-
INSTITUTIONAL CORRECTION
 Takecharge of correcting offender
through community based - program
such as probation, suspended
sentence for first time minor
offenders, Parole and Conditional
Pardon.
COMMUNITY-BASED
TREATMENT PROGRAMS
 The Community-Based Treatment Programs
are those programs that are intended to
treat criminal offenders with in the free
community as alternatives to confinement.
It includes all correctional activities directly
addressed to the offender and aimed at
helping him to become a law-abiding
citizen.’
BASIC PRINCIPLES UNDERLYING THE
PHILOSOPHY OF COMMUNITY-BASED
TPS
 Humanitarian Aspect - Imprisonment is not
always advisable.
 Restorative Aspect- There are measures
expected to be achieved by the offender,
such as an establishment of a position in the
community in which he does not violate the
laws.
 Managerial Aspect- Managerial skills are
special importance because of the sharp
contrast between the per capital cost of
custody and any kind of community program.
PURPOSES OF NON-
INSTITUTIONAL CORRECTION
 Decongest the prisons
 Lessen government expenses
 Increase tax collection
 The offender’s family need not suffer
 Crime becomes less hard to control.
 Rehabilitation will be more effective
FORMS OF COMMUNITY BASED
CORRECTION (PPARC)
 PROBATION
 PAROLE
 PARDON
 AMNESTY
 REPREIVE
 COMMUTATION OF SENTENCE
GOVERNMENT AGENCY FOR
COMMUNITY BASED CORRECTION
PAROLE AND PROBATION
ADMINISTRATION (PPA) E.O. 292
 Headed by Administrator
 Handles the Investigation petitioners for

Probation & Supervision of Parolees, and

Conditional Pardonees. Probationer,
 Hon. Teodulo Natividad was first

Administrator
GOVERNMENT AGENCY FOR
COMMUNITY BASED CORRECTION
DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT
 HEADED BY SECRETARY

 RENDERS SERVICE FOR CICL OR CHILD IN

CONFLICT WITH THE LAW

BOARDS OF PARDON AND PAROLE
 Headed by Chairman (Secretary of justice)

 is responsible for grant of Parole and

recommending Executive Clemency to the

President ( E.O 83, series of 1937)

PROBATION
 Probation is a disposition under
which a defendant, after conviction
and sentenced, is released subject to
conditions imposed by the court and
to the supervision of a probation
officer. [Sec 3, PD 968]
TERMS TO PONDER
 Probationer- a person place on probation.
 Probation Officers- one who investigates for the court
 Petitioner - a convicted defendant who files a formal
application for probation.
 Absconding Probationer - a person whose probation
was granted but failed to report for supervision within
the period ordered by the court or his location is
unknown.
 Absconding Petitioner - a convicted defendant
whose application for probation has been given due
course by the court but fails to report to the probation
office or his location is unknown and cannot located w/
reasonable time.
TERMS TO PONDER
Post Sentence investigation – it is kind
of investigation to determine the
qualification or basis for granting of
probation.
 Post Sentence investigation report– it

is basis for granting of probation.

 Probation Order – the probation is being

granted
NATURE OF ORDER GRANTING
PROBATION
 An order placing defendant on probation is not a
sentence but is rather in effect, a suspension
of the imposition of sentence.
 It is not a final judgment but is rather an
“interlocutory judgment” in the nature of a
conditional order placing the convicted
defendant under the supervision of the court for
his reformation, to be followed by a final
judgment of discharge, if the conditions of the
probation are complied with, or by a final
judgment of sentence if the conditions are
violated.
PURPOSE OF THE DECREE
ESTABLISHING A PROBATION SYSTEM
[THREE FOLD PURPOSE]
1. Promote the correction and rehabilitation
of an offender by providing him with
individualized treatment;
2. Provide an opportunity for the
reformation of a penitent offender, which
might be less probable if he were to serve a
prison sentence; and
3. Prevent the commission of offenses
QUESTION:
Juan was found guilty of sentence for an offense
punished by 6 years of imprisonment. Is he
qualified for Probation?

A. Yes, because probation is matter of right which

qualified him for probation
B. No, because the sentence is more than 6 years
C. Yes, because the sentence is 6 years which
qualified him to apply for probation
D. No, because he needs to appeal first before he
become qualified for Probation
PENALTY, TO BE ENTITLED TO
PROBATION
 Probation may be granted whether the
sentence imposes a term of imprisonment
or a fine only.
 The maximum term of imprisonment

imposed should not exceed 6 years.

 Those sentenced to serve a maximum term

of imprisonment of more than 6 years are

disqualified from availing of probation under
Sec 9 of the Probation Law
PROCEDURE IN APPLYING FOR
PROBATION
 Within the period for perfecting an appeal, an
application for probation must be filed with the trial court
 Upon receipt of the application for probation, the court shall
suspend the execution of sentence
 The court shall issue an order to probation officer to
conduct a post-sentence investigation
 Pending submission of the investigation report and the
resolution of the application, the defendant may be allowed
on temporary liberty under his bail filed in the criminal
case. If no bail was filed or the defendant is incapable of
filing one, the court may allow the release of the defendant
on recognizance to the custody of a responsible
member of the community who shall guarantee his
appearance whenever required by the court.
PROCEDURE IN APPLYING FOR
PROBATION
 The probation officer shall submit the
investigation report to the court not later than
60 days from receipt of the order of said court to
conduct the investigation
 The court shall resolve the application for
probation not later than 15 days after receipt
of the investigation report
 If application is granted, the court shall issue a
probation order.
QUESTION
Where is the application for probation filed?

A. Supreme Court
B. Court of Appeal
C. Trial Court which rendered the judgment of
conviction
D. Trial Court which rendered the Appeal
TIME FOR FILING APPLICATION FOR
PROBATION; PURPOSE AND EFFECT
 What law requires is that the application for
probation must be filed within the period for
perfecting an appeal. (15 DAYS)
 The need to file it within such period was
intended to encourage offenders, who are
willing to be reformed and rehabilitated to
avail of probation at the first opportunity.
 Such provision was never intended to suspend
the period for the perfection of an appeal, and
the filing of the application for probation
operates as a waiver of the right to appeal
WHEN APPLICATION FOR
PROBATION FILED
An application for probation shall be filed
with the trial court which rendered the
judgment of conviction
 If application is based on a modified

decision imposing a probationable penalty,

it shall be filed in the trial court where the
judgment of conviction imposing a non-
probationable penalty was rendered, or
where such case has since been re-raffled
GENERAL RULE: CONVICT WHO FILED
AN APPLICATION FOR PROBATION
CANNOT APPEAL

 The filing of the application

for probation is a waiver of
the right to appeal
QUESTION:
 Bigay was found guilty of frustrated
homicide and sentenced to a penalty which
did not qualify him to apply for probation.
On appeal with the CA, the CA affirmed the
RTC decision. Accused appealed to the SC
and the SC held him liable only for
attempted homicide, imposing a penalty
which would allow him the right to apply for
probation.Is Bigay may apply for Probation ?
RATIONALE
 REPUBLIC ACT NO. 10707 AMENDED PD 968
BY ALLOWING AN APPLICATION FOR
PROBATION IF APPEAL IS FILED ON NON-
PROBATIONABLE PENALTY AND PENALTY
IMPOSED ON APPEAL IS PROBATIONABLE
 CONVICT MAY FILE FOR PROBATION IF

APPEAL IS FOR CONVICTION IMPOSING A

NON-PROBATIONABLE PENALTY WHICH IS
MODIFIED ON APPEAL TO A PROBATIONABLE
PENALTY
CRITERIA FOR PLACING AN
OFFENDER ON PROBATION.
 The court shall consider:
All information relative to the
a. Character
b. Antecedents
c. Environment
d. Mental condition; and
e. Physical condition of the offender
Available institutional and community
resources
WHEN PROBATION SHALL BE
DENIED.
(a) The offender is in need of correctional
treatment that can be provided most
effectively by his commitment to a
institution; or
(b) there is an 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.
DISCRETION OF THE COURT ON
PROBATION
 Even if a convicted person falls within the
classes of those qualified for probation, the
grant of probation is not automatic or
ministerial. Probation is a privilege and its
grant rests upon the discretion of the court.
The discretion is exercised primarily for the
benefit of society as a whole and only
secondarily for the personal advantage of
the accused
RESOLUTION ON APPLICATION FOR
PROBATION IS NOT APPEALABLE EXCEPT
WHEN THERE IS GRAVE ABUSE OF DISCRETION
 An order granting or denying probation is
not appealable. (Sec. 4, P.D. 968, as
amended) However, when there is grave
abuse of discretion in granting or denying
probation, a petition for certiorari may be
filed to assail the order.
WHO ARE THE OFFENDERS DISQUALIFIED
FROM BEING PLACED ON PROBATION? THE
BENEFITS OF THE Decree SHALL NOT BE
EXTENDED TO
 Those sentenced to serve a maximum term of
imprisonment of more than six years;
 Those convicted of any crime against the national
security;
 Those who were previously convicted by final
judgment of an offense punished by imprisonment
of more than six months and one day and/or a
fine of more than P1,000.00;
 Those who have been once on probation under the
provisions of the Decree; and
 Those who are already serving sentence at the
time the substantive provisions of the Decree
became applicable pursuant to Section 33 thereof.
PROBATION UNDER REPUBLIC
ACT NO. 9165.
 The Comprehensive Dangerous Drugs Act
makes the Probation Law inapplicable to
persons convicted of drug trafficking or
pushing, regardless of the penalty imposed by
the court. (Sec. 24)
 However, a first-time minor offender may avail
of probation of the crimes of possession or use
of dangerous drugs, even if the sentence
provided under the Act is higher than that
provided under the existing law on probation.
(Sec. 70 in relation to Secs. 66 and 68)
CONDITIONS OF
PROBATION
 Every probation order issued by the court shall
contain conditions requiring the probationer to:
(a) present himself to the probation officer
designated to undertake his supervision at such
place as may be specified in the order within 72
hours from receipt of the 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 do

any of those enumerated in sub-paragraphs (a) to

(k) of Section 10 of the Decree
HOW LONG MAY A CONVICT BE
PLACED ON PROBATION?
1. If the convict is sentenced to a term of
imprisonment of not more than one year, the
period of probation shall not exceed two years
2. In all other cases, if he is sentenced to more
than one year, said period shall not exceed six
years.
3. When the sentence imposes a fine only and the
offender is made to serve subsidiary
imprisonment, the period of probation shall be
twice the total number of days of subsidiary
imprisonment.
EFFECTS OF VIOLATION OF
PROBATION ORDER
 Upon the failure of the probationer to
comply with any of the conditions
prescribed in the order, or upon his
commission of another offense,
 he shall serve the penalty imposed for the

offense under which he was placed on

probation.
REVOCATION OF
PROBATION.
 Petitioner does not deny the fact that he
has been convicted, and that he has served
out his sentence for another offense while
on probation. Consequently, his commission
of another offense is a direct violation of
Condition No. 9 of his Probation Order.
Section 11 of the Probation Law provides
that the commission of another offense
shall render the probation order ineffective.
WHEN AND HOW IS PROBATION
TERMINATED, AND WHAT ARE THE
EFFECTS OF TERMINATION?
 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
EFFECT OF FINAL DISCHARGE
OF PROBATIONER.
 Prior to the amendment of P.D. No. 968 by
R.A. No. 10707, the final discharge operated
to restore all civil rights and to fully
discharge his liability for any fine imposed.
The amendment by R.A. No. 10707 totally
extinguished his criminal liability, instead of
merely fully discharging his liability for fine
imposed.
 Extinction of criminal liability does not

necessarily mean that the civil liability is

also extinguished.
PAROLE
 Is a French word and is used in the sense of
word of honor. Thus the implication is that
the released prisoner would give his honor
and that he would abide by the terms of his
conditional release.
 Refers to the conditional release of an

offender from a correctional institution after

he has served the minimum of his prison
sentence
INDETERMINATE SENTENCE
LAW
 The ISL requires the courts to impose an indeterminate
sentence with a maximum and minimum term for
offenses punishable by the R.P.C. and special
laws. With the passage of the ISL, the law created a
prison term which consists of a minimum and maximum
term called the indeterminate sentence.
 The penalty is considered "indeterminate" because after
the convict serves the minimum term, he or she
may become eligible for parole under the
provisions of the ISL, which leaves the period
between the minimum and maximum term
indeterminate in the sense that he or she may, under
the conditions set out in said Act, be released from
serving said period in whole or in part.
ACT NO. 4103
 AN ACT TO PROVIDE FOR AN
INDETERMINATE SENTENCE AND
PAROLE FOR ALL PERSONS
CONVICTED OF CERTAIN CRIMES BY
THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF
INDETERMINATE SENTENCE AND TO
PROVIDE FUNDS THEREFOR; AND FOR
OTHER PURPOSES.
THE COURT MUST DETERMINE
TWO PENALTIES.
The court must, instead of a single fixed
penalty, determine two penalties, referred
to in the Indeterminate Sentence Act as the
"MAXIMUM" and "MINIMUM" terms.
 The law should be applied in imposing a

prison sentence for a crime punishable

either by special law or by the Revised
Penal Code.
When the Crime is
Punished
 Maximum term: that which could
be properly imposed under the
R.P.C., in view of the attending
circumstances
 Minimum term: within the range of

the penalty next lower to that

prescribed by the Code for the
offense
When the Crime is
Punished
 The mitigating or aggravating
circumstance is required to be considered
only in the imposition of the maximum
term of the indeterminate sentence.
 The court cannot put the minimum penalty

in the same period and the same degree as

the maximum penalty, because the
minimum penalty "shall be within the
range of the penalty next lower to that
prescribed by the Code for the
offense."
When the Crime is
Punished
 In determining the "minimum" penalty, Act
No. 4103, as amended, confers upon the
courts in fixing the penalties the widest
discretion that the courts have ever
had.
 In determining the minimum term, it is left

entirely within the discretion of the court to

fix it anywhere within the range of the
penalty next lower without reference to the
periods into which it may be subdivided.
QUESTION
 In the crime of homicide, the penalty is
reclusion temporal as a provided by the
law . Which period will we place the
maximum term of the indeterminate
sentence?

A. Reclusion Temporal in Medium period

B. Prision Mayor in any of its period
C. Prision Correccional in Minimum Period
D. Reclusion Temporal in Maximum Period
QUESTION
 In the crime of homicide, the penalty is
reclusion temporal as provided by the law.
Which period will we place the Minimum
term of the indeterminate sentence?

A. Reclusion Temporal in Medium period

B. Prision Mayor as a whole
C. Prision Correccional as Minimum Period
D. Reclusion Temporal as a whole
IF THE CRIME IS A VIOLATION
OF A SPECIAL LAW-
 When the crime is punished by a special law
Maximum term: shall not exceed the
maximum fixed by such Minimum term:
shall not be less than the minimum term
prescribed by such law
 Example: If the penalty imposable is 6 to 12

years, the court in its discretion can impose

a prison sentence of 6 to 12; or 7 to 11; or 8
to 10 so long as it does not go outside of the
range of the imposable penalty.
ILLUSTRATIONS OF
INDETERMINATE PENALTY
QUESTION
 Situation :
A is convicted of falsification of official document
committed by a public officer penalized by Prision
Mayor. There is one mitigating circumstance of
plea of guilty, What is the maximum
Indeterminate Sentence ?

A. Prision Mayor in Medium

B. Prision Correccional as a whole
C. Prision Mayor in Minimum
D. Prision Mayor
QUESTION
 Situation :
A is convicted of falsification of official document
committed by a public officer penalized by Prision
Mayor. There is one mitigating circumstance of
plea of guilty, What is the Minimum
Indeterminate Sentence ?

A. Prision Mayor in Medium

B. Prision Correccional as a whole
C. Prision Mayor in Minimum
D. Prision Mayor
Rules for the application of
divisible penalties ( ART 64 OF
RPC)
Rules for the application of divisible penalties
1. No aggravating and no mitigating circumstances
– medium period
2. One mitigating circumstance – minimum period
3. One aggravating circumstance – maximum
period
4. Mitigating and aggravating circumstance o offset
each other and according to relative weight
5. 2 or more mitigating without any aggravating
circumstance – one degree lower
QUESTION:
 Pedro is convicted of homicide and the
penalty imposed is reclusion temporal in
its entirety, without any mitigating or
aggravating circumstances, what is the
Maximum and Minimum
Indeterminate Sentence?
NO MODIFYING
CIRCUMSTANCE
 Pedro is convicted of homicide and the penalty
imposed is reclusion temporal in its entirety,
without any mitigating or aggravating
circumstances, what is the Maximum and
Minimum Indeterminate Sentence?

 MAXIMUM- Reclusion Temporal in Medium

Period
 MINIMUM- Prision Mayor in any Period
QUESTION:
 Pedro is convicted of homicide and the
penalty imposed is reclusion temporal in
its entirety, Pedro pleaded guilty before
the presentation of Evidence, what is the
Maximum and Minimum
Indeterminate Sentence?
ONE ORDINARY MITIGATING
CIRCUMSTANCE
 Pedro is convicted of homicide and the
penalty imposed is reclusion temporal in
its entirety, Pedro pleaded guilty before
the presentation of Evidence, what is the
Maximum and Minimum
Indeterminate Sentence?

 MAXIMUM- Reclusion Temporal in

Minimum Period
 MINIMUM- Prision Mayor in any

Period
QUESTION:
 Pedro Committed homicide at nighttime
purposely sought to better accomplish his
purpose, he convicted with the penalty imposed
of reclusion temporal in its entirety, what is the
Maximum and Minimum Indeterminate
Sentence?
ONE AGGRAVATING
CIRCUMSTANCE
 Pedro Committed homicide at nighttime
purposely sought to better accomplish his
purpose, he convicted with the penalty imposed
of reclusion temporal in its entirety, what is the
Maximum and Minimum Indeterminate
Sentence?

 MAXIMUM- Reclusion Temporal in Maximum

Period
 MINIMUM- Prision Mayor in any Period
QUESTION
 Pedro after committing homicide at night
time purposely sought to better accomplish
his purpose, he surrendered voluntarily to
the agent of authority and during the
arraignment pleaded guilty to the charge.
What is the Maximum and Minimum
Indeterminate Sentence?
RATIONALE
 There is one mitigating circumstance left
after offsetting the aggravating
circumstance of night time with the two
mitigating circumstances. Hence, the
penalty of reclusion temporal should be
imposed in the minimum period. (Art. 64,
par. 4)
QUESTION:
A was convicted of frustrated
homicide with assault upon an agent
of a person in authority. What is the
Minimum and Maximum
Indeterminate sentence ?
Article 48. PENALTY FOR
COMPLEX CRIMES.
 Article 48. Penalty for complex crimes. - When a
single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious
crime shall be imposed, the same to be applied in its
maximum period.
 The penalty for homicide is reclusion temporal.
Being frustrated, the penalty should be one
degree lower (Art. 50) or prision mayor. The
penalty for assault is prision correccional in its
medium and maximum periods. Therefore, the penalty
for the complex crime is prision mayor, the penalty for
the graver offense, the same to be applied in its
maximum period.
QUESTION :
 A, a minor under 18 years, killed B who was
the unlawful aggressor. A did not give
sufficient provocation to B. But the means
employed by A to defend himself was not
reasonable. After killing B, A surrendered to
the authorities. What is the maximum and
minimum indeterminate sentence ?
CRIME WITH PRIVILEGE
MITIGATING
 When there is a privileged mitigating
circumstance, so that the penalty has to be
lowered by one degree, the starting
point for determining the minimum term of
the indeterminate penalty is the penalty
next lower from that prescribed by the Code
for the offense.
RATIONALE:
 There are two privileged mitigating circumstances in
this case, namely: (1) minority under Article 68, and
(2) incomplete self-defense under Article 69. The
penalty of reclusion temporal prescribed for
homicide should be lowered by two degrees or
prision correccional, which should be applied
in the minimum period, in view of one ordinary
mitigating circumstance of voluntary
surrender.
 The indeterminate penalty is not less than two
months and 21 days of arresto mayor not more than
one year, one month and 11 days of Prision
Correccional.
INDETERMINATE SENTENCE LAW
NOT APPLICABLE TO THE
FOLLOWING:
1. Persons convicted of offenses punished with death
penalty or life imprisonment.
2. Those convicted of treason, conspiracy or
proposal to commit treason.
3. Those convicted of misprision of treason,
rebellion, sedition, or espionage.
4. Those convicted of piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from confinement
or evaded sentence.
7. Those who violated the terms of conditional
pardon granted to them by the Chief Executive.
INDETERMINATE SENTENCE LAW
NOT APPLICABLE TO THE
FOLLOWING:
8. Those whose maximum term of
imprisonment does not exceed one year.
9. Those who, upon the approval of the law
(December 5, 1933), had been sentenced by
final judgment. (Sec. 2, Act No. 4103)
10. Those sentenced to the penalty of
destierro or suspension.
 SUMMARY PROCESS
SUMMARY PROCESS ININ PAROLE

PAROLE:
*CARPETA (30days – forward from BuCor to BPP)
A. PETITIONER (Minimum sentence)
B. Board of Pardons and Parole (BPP) – REVIEW THE CARPETA
C. Referral/Request to investigate FROM BPP
D. PPA Officer/ Pre-Parole Investigation (PPI – 30days)
E. Pre-Parole Investigation Report (PPIR – Grant/Deny)
F. BPP ( at least 4 votes or Majority)
G. if GRANTED - Parole Supervision: Report within 45 days CPPO (mandatory) and
once/month outside NCR; twice/month inside NCR
H. If COMPLIED - Summary Report (30days)
I. Final Release and Discharge (FRD) RELEASED

• DENIED (3 votes) - Serve his remaining portion of sentence or Re-apply again for petition
• NOT COMPLIED - Violation Report (3 minor – 5 major); Infraction Report (with judgment);
Progress Report (without judgment) - Warrant of Arrest -Recommitment Order
• Serve unexpired/remaining portion of sentence
WHAT IS THE DIFFERENCE BETWEEN
BOARD OF PARDON AND PAROLE AND
PAROLE AND PROBATION
ADMINISTRATION?
TRANSFER OF RESIDENCE
A client 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
by the Board.
OUTSIDE TRAVEL
A Chief Probation and Parole
Officer may authorize a client to
travel outside his area of operational
jurisdiction for a period of not more
than thirty (30) days.
 A travel for more than 30 days shall

be approved by the Regional

Director.
WHAT IS THE EFFECT IF THE
PAROLEE VIOLATED THE
CONDITION AND RECOMMITED?
The client 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.
RECOMMITMENT OF
CLIENT
EXECUTIVE CLEMENCY
 Thisrefers to Reprieve, Absolute
Pardon, Conditional Pardon with or
without Parole Conditions and
Commutation of Sentence as may be
granted by the President of the
Philippines
FORM OF EXECUTIVE
CLEMENCY
PARDON
AMNESTY
REPRIEVE
COMMUTATION OF
SENTENCE
PARDON
 It is a form of Executive Clemency which is
exercise by Chief Executive.
 It is an act of Grace and the recipient is

not entitled to it as matter of right.

 It is discretionary and not subject to

review the judiciary.

TWO TYPES OF PARDON
ABSOLUTE PARDON
Is given without any condition attached to it and it is the
sole power of the president to grant it to that person
whose qualification is qualified. Except in cases of
impeachment.
 Serves to wipe away the quilt of a pardonee and

makes him innocent as if he has not committed any crime.

 The total extinction of the criminal liability of the

individual to whom it is granted without any condition.

 It restores to the individual his civil and political

rights and remits penalty imposed for the particular
offense of which he was convicted.
CONDITIONAL PARDON
 Conditional pardon refers to the exemption
of an individual, within certain limits or
conditions, from the punishment which the
law inflicts for the offense he has committed
resulting in the partial extinction of his
criminal liability
ELIGIBILITY FOR CONDITIONAL
PARDON
A prisoner who has served at
least one-half (1/2) of the
maximum of the original
indeterminate and/or definite
prison term.
CONDITIONAL PARDON
DISTINGUISHED FROM PAROLE
1. Conditional pardon which may be given at any time
after final judgment, is granted by the President under
the provisions of the Administrative Code; parole, which
may be given after the prisoner has served the
minimum penalty, is granted by the Board of Pardons
and Parole under the provision of the Indeterminate
Sentence Law
2. For violation of the conditional pardon, the convict may
be ordered rearrested or reincarcerated by the President,
or may be prosecuted under Article 159 of the Code; for
violation of the terms of the parole, the convict cannot be
prosecuted under Article 159. He can be arrested and
reincarcerated to serve the unserved portion of his
original penalty.
Article 159. Other cases of
evasion of service of sentence.
 The penalty of prision correccional in its
minimum period shall be imposed upon the
convict who, having been granted
conditional pardon by the Chief Executive,
shall violate any of the conditions of such
pardon. However, if the penalty remitted by
the granting of such pardon be higher than
six years, the convict shall then suffer the
unexpired portion of his original sentence.
SUMMARY PROCESS IN
SUMMARY PROCESS IN CONDITIONAL
PARDON
PAROLE:
*CARPETA (30days – forward from BuCor to BPP)

A. PETITIONER (Half min. Sentence and Half max. Sentence Henious crimes)
B. BPP FOR REVIEW
C. PPA OFFICER ( REFERRAL/ REQUEST TO INVESTIGATE
D. PRE-EXECUTIVE CLEMENCY INVESTIGATION
E. PECI REPORT (30 DAYS)
F. PRESIDENT (RECOMMENDED BY BPP)
G. if GRANTED Conditional Pardon Supervision: Report within 45days CPPO –
once/month outside NCR; twice/month inside NCR
H. if COMPLIED Summary Report (30days)
I. Certificate of Final Releas and Discharge RELEASED!
SUMMARY PROCESS IN
CONDITIONAL PARDON
*PECIR – Other recommendation to the President by the
BPP:
 DND – Crimes against National Security
 COMELEC – Violation of Election Code BP 881
 DFA – Crimes committed by an Alien
*DENIED  Serve the remaining portion of sentence or Re-
apply again for petition
*NOT COMPLIED
 Violation Report; Status Report;
Infraction Report
 Warrant of Arrest
 Recommitment Order
 Serve the unexpired/remaining portion of sentence
NOTE
Prisoners who escaped or evaded
service of sentence are not eligible
for executive clemency for a period
of one (1) year from the date or their
last recommitment to prison or
conviction for evasion of service of
sentence.
AMNESTY
 It is an act of the sovereign power granting oblivion
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, Rebellion
 An Amnesty is an act by the chief Executive
proceeding from the power entrusted with the
execution i the laws and concurred by the legislature
usually extended to groups of persons who
committed political offenses, and which puts into
oblivion the offense itself(Defined Presidential
Communication Development and Strategic Planning
Office)
G.R. Nos. 241494, 256660 &
256078
 (Sen. Antonio “Sonny” F. Trillanes IV v. Hon.
Salvador C. Medialdea, et al; People of the
Philippines v. Antonio F. Trillanes IV, People
of the Philippines v. Antonio F. Trillanes IV)
 the Supreme Court En Banc ruled that the

amnesty granted to former senator Antonio

F. Trillanes IV (Trillanes) is valid and that its
revocation through Proclamation No. 572,
issued by former President Rodrigo R.
Duterte, is unconstitutional.
G.R. Nos. 241494, 256660 &
256078
 Further, Proclamation No. 572, in seeking
the revival of the criminal cases against
Trillanes after they had been dismissed with
finality, violated his constitutional rights
against ex post facto laws and double
jeopardy.
REPRIEVE
 Temporary suspension of the execution of
sentence (usually extended to death
penalty prisoners). This word simply
means "to make back" or the withdrawing
of the sentence for an interval of time. It is
the temporary stay if the execution of
sentence exercised by the President
COMMUTATION OF
SENTENCE
 Commutation of sentence refers to the
reduction of the duration of a prison
sentence of a prisoner.\
 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 or the amount of the fine
SPECIFIC CASES WHERE
COMMUTATION IS PROVIDED FOR
BY THE CODE.
1. When the convict sentenced to death is
over 70 years of age. (Art. 83)
2. When eight justices of the Supreme Court
fail to reach a decision for the affirmance of
the death penalty.
In either case, 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