Non-Institutional Correction

CHAPTER I
COMMUNITY- BASED CORRECTION

Not all convicted offenders have serves their

sentence behind bars. Some are allowed to stay in the
community, subject to conditions imposed by the
government. They are either granted Probation, Parole,
Conditional Pardon or Recognizance.

Community-based approach to corrections as a way

to decongest the persons involve the Public Attorney’s
Office and the National Prosecution Service effecting the
immediate release of detainees either on bail or recognize
and giving priority to the trial of detainees who cannot be
released on bail or recognizance.

It involves the efficient performance of the Boards of

Pardons and Parole in the granting of timely release of
prisoners and the effective supervision of released
prisoners on parole or conditional pardon and those under
probation by the Probation and Parole Administration.
Probation and Parole are two forms of non-institutional or
community based corrections.

Non-institutional, Community-based Correctional

Practices

The fact that our government is facing severe

budgetary crisis does not auger well for the Criminal Justice
system most particularly the Corrections Pillar, which is the
last destination of society’s convicted offenders.

With this cramped situation, our foreign lenders will

also downgrade our credit rating which has the inverse
effect of increasing our interest rate payments.

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Advantages of Community-based Corrections are:

1. Family members need not be victims also for the
imprisonment of a member because the convict can
still continue to support his family, not to be far
away from his children;
2. Rehabilitation will be more effective as the convict
will not be exposed to hardened criminals in prisons
who will only influence him to a life of crime;
3. Rehabilitation can be monitored by the community
thus corrections can be made be more effective;
4. Cost of incarceration will be eliminated which is
extremely beneficial especially to a cash-strapped
government. An entire bureaucracy will be
eliminated which includes the salaries, benefits and
perks of the officers and staff, capital outlays,
operating costs, maintenance of the facilities,
subsistence of inmates, and many others.

Disadvantages of Community-based Corrections are:

1. It is unfair on the part of the aggrieved party;
2. Not all of the convict under non-institutional
program has changed their behavior;
3. The convict has a chance to fled away to evade the
sentence, etc.

The Katarungang Pambarangay takes charge of all

disputes between and among parties residing in the same
village, city or municipality which are punishable by
imprisonment not exceeding one (1) year or a fine not
exceeding P5,000.00. The police, cases outside of the
coverage of the Katarungang Pambarangay to the Lupong
Tagapamayapa at any time before trial.

EXECUTIVE CLEMENCY
Executive Clemency shall refer to absolute Pardon,
Conditional Pardon with or without parole conditions and
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Commutation of Sentence as may granted by the President

of the Philippines upon the recommendation of the Board
of Pardons and Parole. Under the law, the President has the
power to grant pardons, commutations, reprieves, amnesty
for all offenses except impeachment cases and remit fines
and forfeitures after the recipient has been convicted.

The Board of Pardons and Parole is the agency in

charge with the release of sentenced prisoners based on
modes specified by law. Its actions and proceedings are
governed by the provisions of Section 4 of Act No. 4103,
otherwise known as The Indeterminate Sentence Law, as
amended, and Executive Order No. 292, series of 1987,
otherwise as The Administrative Code of 1987.

The Policy Objectives of the BPP as enunciated in

Section 1 of the Rules and Regulations of the Board of
Pardons and Parole states: “Conformably with the basic
precepts of justice and mercy, it shall be the policy of the
BPP to uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty.”

Amnesty

Amnesty (from the Greek amnestia is defined as: "A

pardon extended by the government to a group or class of
persons, usually for a political offense; the act of a
sovereign power officially forgiving certain classes of
persons who are subject to trial but have not yet been
convicted". It includes more than pardon, in as much as it
obliterates all legal remembrance of the offense. The word
has the same root as amnesia. Amnesty is more and more
used to express 'freedom' and the time when prisoners can
go free.

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Amnesties, granted by the president or by an act of

the congress and senate, were formerly usual on
coronations and similar occasions, but are chiefly exercised
towards associations of political criminals, and are
sometimes granted absolutely, though more frequently
there are certain specified exceptions. Thus, in the case of
the earliest recorded amnesty, that of Thrasybulus at
Athens, the thirty tyrants and a few others were expressly
excluded from its operation; and the amnesty proclaimed
on the restoration of Charles II of England did not extend to
those who had taken part in the execution of his father.
Other famous amnesties include: Napoleon's amnesty of
March 13, 1815 from which thirteen eminent persons,
including Talleyrand, were exempt; the Prussian amnesty
of August 10, 1840; the general amnesty proclaimed by the
emperor Franz Josef I of Austria in 1857; the general
amnesty granted by President of the United States, Andrew
Johnson, after the American Civil War (1861-April 9, 1865),
in 1868, and the French amnesty of 1905. Amnesty in U.S.
politics in 1872 meant restoring the right to vote and hold
office to ex-Confederates, which was achieved by act of
Congress. Those were true amnesties, pardoning past
violations without changing the laws violated.

last act of amnesty passed in Great Britain was that

of 1747, which pardoned those who had taken part in the
1745 Jacobite Rising.

The Immigration Reform and Control Act of 1986

signed into law by President Ronald Reagan on November
6, 1986 granted amnesty to about 3 million illegal
immigrants in the United States.

In our country amnesty given to Gregorio Honasan

and his comrades that was committed a coup d’tat.

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An amnesty may be extended when the authority

decides that bringing citizens into compliance with a law is
more important than punishing them for past offenses.
Amnesty after a war helps end a conflict. While laws against
treason, sedition, etc. are retained to discourage future
traitors during future conflicts, it makes sense to forgive
past offenders, after the enemy no longer exists which had
attracted their support but a significant number remains in
flight from authorities. Amnesty is often used to get people
to turn in contraband, as in the case of China's gun
restrictions, or the Kansas City ban on pit bulls. Advantages
of using amnesty may include avoiding expensive
prosecutions (especially when massive numbers of
violators are involved); prompting violators to come
forward who might otherwise have eluded authorities; and
promoting reconciliation between offenders and society. An
example of the latter was the amnesty that was granted to
conscientious objectors and draft dodgers in the wake of
the Vietnam War in the 1970s, in an effort by President
Carter to heal war wounds. (There was no longer a war to
protest, and there was no longer a draft to dodge.)

Amnesty can at times raise questions of justice. An

example was the Ugandan government's offer not to
prosecute alleged war criminal Joseph Kony, in hopes that
further bloodshed would be avoided. David Smock noted,
"The downside of it is the impunity that it implies; that
people can commit atrocities and say that they will only
stop if they are given amnesty..."

PARDON
Pardon is a form of executive clemency granted by
the President of the Philippines as a privilege extended to a
convict as a discretionary act of grace. Neither the
legislative nor the judiciary branch of government has the
power to set conditions.
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A pardon is the forgiveness of a crime and the

cancellation of the relevant penalty; it is usually granted by
a head of state (such as a monarch or president) or by acts
of a parliament or a religious authority. Clemency means
the forgiveness of a crime or the cancellation (in whole or
in part) of the penalty associated with it. It is a general
concept that encompasses several related procedures:
pardoning, commutation, remission and reprieves.
Commutation or remission is the lessening of a penalty
without forgiveness for the crime; the beneficiary is still
considered guilty of the offense. A reprieve is the
postponement of punishment, often with a view to a
pardon or other review of the sentence (such as when the
reprieving authority has no power to grant an immediate
pardon).

Today, pardons are granted in many countries when

individuals have demonstrated that they have fulfilled their
debt to society, or are otherwise considered to be
deserving. Pardons are sometimes offered to persons who
are wrongfully convicted or claim they have been
wrongfully convicted. Some believe accepting such a
pardon implicitly constitutes an admission of guilt as a
pardon does not set aside the conviction, so in some cases
the offer is refused. Cases of wrongful conviction are
nowadays more often dealt with by appeal than by pardon
however, a pardon is sometimes offered when innocence is
undisputed to avoid the costs of a retrial. Clemency plays a
very important role when capital punishment is applied.

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
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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.”

What is the effect of pardon?

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 offender. It does not impose
upon the government any obligation to make reparation for
what has been suffered. “Since the offense has been
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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.”

What is the constitutional basis of pardon?

The power to pardon, which is a form of executive

clemency, is given to the President under Section 19, Article
VII of the Constitution. It reads:

Except in cases of impeachment, or as otherwise

provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with

the concurrence of a majority of all the members of the
Congress.

What are the Constitutional limitations on the grant of

pardon?

The limitations provided under the Constitution are:

(1) No pardon may be granted in impeachment cases; (2)
No pardon may be granted when otherwise provided under
the Constitution, specifically Sec. 5, Article IX-C, which
provides that “No pardon, amnesty, parole or suspension of
sentence for violation of elections laws, rules, and
regulations shall be granted by the President without the
favorable recommendation of the [COMELEC]“; and (3) It
may only be granted “after conviction by final judgment”.

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How is pardon different from probation?

Probation and pardon are not the same. 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.”
Probation is a part of the judicial power, while pardon is a
part of the executive power. The suspension of the sentence
under probation simply postpones the judgment of the
court temporarily or indefinitely, but the conviction and
liability following it, and the civil disabilities, remain and
become operative when judgment is rendered.

What is parole?

A parole is a conditional pardon. It refers to the

conditional release of an offender from a correctional
institution after he serves the minimum term of his prison
sentence. It does not have the effect of extinguishing the
criminal liability of the offender.

How is pardon different from commutation and

reprieve?

“Commutation” is a remission of a part of the

punishment; a substitution of a less penalty for the one
originally imposed.

A “reprieve” or “respite” is the withholding of the

sentence for an interval of time, a postponement of
execution, a temporary suspension of execution.

What are the more famous acts of pardon/executive

clemency?
In 2007, President Gloria Macapagal Arroyo granted
pardon in favor of former President Joseph Ejercito
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Estrada. In 2008, President Arroyo granted pardon to

Claudio Teehankee, Jr.

Commutation of sentence, in criminal law,

reduction of a sentence for a criminal act by action of the
executive head of the government. Like pardon,
commutation of sentence is a matter of grace, not of right; it
is distinguished from pardon, however, in that the
conviction of crime is not nullified. The commutation,
hence, may be granted on condition that the criminal
observe certain restrictions for the balance of his original
sentence. Many states have statutes providing for
commutation of sentence as a reward for good conduct
during imprisonment. Once earned, the commutation
becomes a matter of right and may be enforced by court
action.

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CHAPTER 2

GENERAL GUIDELINES FOR RECOMMENDING

EXECUTIVE CLEMENCY
RESOLUTION NO. 24-4-10

RE: Amending and Repealing Certain Rules and Sections of

the Rules on Parole and Amended Guidelines for
Recommending Executive Clemency of the 2006 Revise
Manual of the Board of Pardons and Parole

WHEREAS, Section 19, Article VII of the 1987 Philippine

Constitution provides that the President, except in cases of
impeachment or as otherwise provided therein, may grant
reprieves, communications and pardons, and remit fines
and forfeitures, after conviction by the final judgment;

WHEREAS, in accordance with the above-cited

constitutional provision, the President has the plenary
power to grant executive clemency, except on the following
three (3) constitutional limitations to wit:

1. In cases of impeachment;

2. In cases involving of election laws, rules and regulations

as provided for in Section 5, Paragraph C, Article IX of the
1987 Philippine Constitution without the favorable
recommendation of the Commission on Elections; and

3. In cases where the conviction is on appeal or has not

become final and executor;

WHEREAS, the eight (8) disqualifications or exceptions

enumerated and provided for in Section 5 of the Amended
Guidelines for Recommending Executive Clemency of the
2006 BPP Revised Manual are not in consonance with the
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provisions of Section 19, Article VII of the 1987 Philippine

Constitution, constitute as limitations on the pardoning
power of the President, and violate the time-honored
principle of equal protection of the laws enshrined in the
Bill of Rights, thus defeating the primary purpose of
restorative justice;

WHEREAS, Section 5, Paragraph a, b, c, d, e, f, g, and h of the

Amended Guidelines for Recommending Executive
Clemency discriminates against certain criminal offenders
and denies them equal opportunity for executive clemency;

WHEREAS, under Section 3 of Republic Act No. 9346,

otherwise known as "An Act Prohibiting the Imposition of
Death Penalty in the Philippines", enacted on June 24, 2006,
persons convicted of offenses punished with reclusion
perpetua, or whose sentences were reduced to reclusion
perpetua by reason of this Act shall not be eligible for
parole under Act No. 4103, otherwise known as "The
Indeterminate Sentence Law", as amended;

WHEREAS, under Executive Order No. 83 dated January 11,

1937, the Board of Pardons and Parole is mandated to
assist the President in exercising the power of executive
clemency; and

WHEREAS, pursuant to the mandate of the law to redeem

and uplift valuable human resources and prevent excessive
deprivation of liberty, there is a need to provide
opportunities to qualified and deserving inmates in order
to ease congestion now plaguing the correctional
institutions.

WHEREFORE, premises considered, the Board resolves, as

it is hereby Resolved, to AMEND and REPEAL the following
provisions of the Rules on Parole and the Amended
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Guidelines for Recommending Executive Clemency of the

2006 BPP Revised Manual:

I. Rule 2.1. of the Rules on Parole is hereby AMENDED to

read as follows:

"RULE 2.1. Eligibility for Review of A Parole Case - an

inmate's case may be eligible for review by the board
provided:

a. Inmate is serving an indeterminate sentence the

maximum period of which exceeds one (1) year;

b. Inmate has served the minimum period of the

indeterminate sentence;

c. Inmate's conviction is final and executor;

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/Dockets at the
same time.

d. Inmate has no pending criminal case; and

e. Inmate is serving sentence in the national penitentiary,

unless the confinement of said inmate in a municipal, city,
district or provincial jail is justified.

A national inmate, for purposes of these Rules, is one who is

sentenced to a maximum term of imprisonment of more
than three (3) years or to a fine of more than five thousand
pesos; or regardless of the length of sentence imposed by
the Court, to one sentenced for violation of the customs law
or other laws within the jurisdiction of the Bureau of
Customs or enforceable by it, or to one sentenced to serve
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two (2) or more prison sentences in the aggregate

exceeding the period of three (3) years."

II. Rule 2.2, Paragraphs i to l of the Rules on Parole are

hereby DELETED for being inconsistent with the provisions
of Section 2 of the "Indeterminate Sentence Law", as
amended. Further, said Rule is hereby AMENDED to read as
follows:

"RULE 2.2. Disqualifications for Parole - Pursuant to Section

2 of Act No. 4103, as amended, otherwise known as the
"Indeterminate Sentence Law", parole shall not be granted
to the following inmates:

a. Those convicted of offenses punished with death penalty

of life imprisonment;

b. Those convicted of treason, conspiracy or proposal to

commit treason or espionage;

c. Those convicted of misprision 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;

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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, or whose sentences were reduced to reclusion
perpetua by reason of Republic Act No. 9346 enacted on
June 24, 2006, amending Republic Act No. 7659 dated
January 1, 2004; and

j. Those convicted for violation of the laws on terrorism,

plunder and transnational crimes."

III. Rule 2.3 of the Rules on Parole is hereby AMENDED to

read as follows:

"RULE 2.3. Review Upon Petition or referral by the

correctional and/or other agencies - a parole case may be
reviewed by the Board upon petition or referral by the
correctional and/or other agencies if inmate is not
otherwise disqualified under Rule 2.2."

IV. Section 1 of the Amended Guidelines for Recommending

Executive Clemency is hereby AMENDED to read as follows:

SECTION 1. Plenary Power of the President to Grant

Executive Clemency - Under Section 19 Article VII of the
Constitution, except in cases of impeachment or as
otherwise provided therein, the President may grant
reprieves, commutations and pardons, and remit fines and
forfeitures, after conviction by final judgment. Executive
clemency rests exclusively within the sound discretion of
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the President, and is exercised with the objective of

preventing a miscarriage of justice or correcting a manifest
injustice.1avvphi1

These Guidelines are meant solely for the guidance of the

Board of Pardons and Parole (hereafter the "Board") in the
performance of its duty to assist the President in exercising
the power of executive clemency pursuant to Executive
Order No. 83 dated January 11, 1937. These Guidelines
create no vested or enforceable rights in persons applying
for executive clemency."

V. Section 3 of the Amended Guidelines for Recommending

Executive Clemency is hereby AMENDED to read as follows:

"SECTION 3. Extraordinary Circumstances - The Board shall

recommend to the President the grant of executive
clemency when any of the following extraordinary
circumstances are present:

a. The trial court or appellate court in its decision

recommended the grant of executive clemency for the
inmate;

b. Under the peculiar circumstances of the case, the penalty

imposed is too harsh compared to the crime committed;

c. Evidence which the court failed to consider, before

conviction which would have justified an acquittal of the
accused;

d. Inmates who were over fifteen (15) years but under

eighteen (18) years of age at the time of the commission of
the offense;

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e. 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;

f. 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 physician of the
Bureau of Corrections Hospital and certified under oath by
a physician designated by the Department of Health;

g. Alien inmates where diplomatic considerations and

amity among nations necessitate review; and

h. Such other similar or analogous circumstances whenever

the interest of justice will be served thereby."

VI. Section 4 of the Amended Guidelines for Recommending

Executive Clemency is hereby AMENDED to read as follows:

"SECTION 4. Other circumstances - When none of the

extraordinary circumstances enumerated in Section 3 exist,
the Board may nonetheless review and/or recommend to
the President the grant of executive clemency to an inmate
provided the inmate meets the following minimum
requirements of imprisonment:

A. For Commutation of Sentence, the inmate should have

served:

1. at least one-third (1/3) of the definite or aggregate

prison terms;

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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 inmates whose

indeterminate and/or definite prison terms 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;

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

heinous crimes/offenses as 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;

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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.

B. For Conditional Pardon, an inmate should have served at

least one-half (_) of the maximum of the original
indeterminate and/or definite prison term."

VII. Section 5 of the Amended Guidelines for

Recommending Executive Clemency is hereby REPEALED.

VIII. Section 10 of the Amended Guidelines for

Recommending Executive Clemency is hereby AMENDED to
read as follows:

"SECTION 10. Notice to the Offended Party - In all cases

when an inmate is being considered for executive
clemency, the Board shall notify the offended party or, in
the event that the offended party is unavailable for
comment or otherwise cannot be located, the immediate
relatives of the offended party. Said persons shall be given
thirty (30) days from notice to comment on whether or not
executive clemency may be granted to an inmate. Provided
that, in matters of extreme urgency or when the interest of
justice will be served thereby, such notice may be waived
or dispensed with by the Board. In such a case, the Board
shall explain the reason for the waiver of such notice in the
Board resolution recommending executive clemency."

IX. Section 11 of the Amended Guidelines for

Recommending Executive Clemency is hereby AMENDED to
read as follows:

"SECTION 11. Publication of Names of Those Being

Considered for Executive Clemency - The Board shall cause
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the publication once in a newspaper of national circulation

the names of inmates who are being considered for
executive clemency. Provided, however, that in cases of
those convicted of offenses punished with reclusion
perpetua or life imprisonment by reason of Republic Act
No. 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.

Provided that, in matters of extreme urgency or when the

interest of justice will be served thereby, above publication
may be waived or dispensed with. In such publication in the
Board resolution recommending executive clemency."

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CHAPTER 3

Act No. 4103

The Indeterminate Sentence Law

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.

ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No.
4203 [June 19, 1965])

Section 1. Hereafter, in imposing a prison sentence for an

offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall
be that which, in view of the attending circumstances, could
be properly imposed under the rules of the said Code, and
the minimum which shall be within the range of the penalty
next lower to that prescribed by the Code for the offense;
and if the offense is punished by any other law, the court
shall sentence the accused to an indeterminate sentence,
the maximum term of which shall not exceed the maximum
fixed by said law and the minimum shall not be less than
the minimum term prescribed by the same.

Sec. 2. This Act shall not apply to persons convicted of

offenses punished with death penalty or life-imprisonment;
to those convicted of treason, conspiracy or proposal to
commit treason; to those convicted of misprision of
treason, rebellion, sedition or espionage; to those convicted
of piracy; to those who are habitual delinquents; to those
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who have escaped from confinement or evaded sentence; to

those who having been granted conditional pardon by the
Chief Executive shall have violated the terms thereof; to
those whose maximum term of imprisonment does not
exceed one year, not to those already sentenced by final
judgment at the time of approval of this Act, except as
provided in Section 5 hereof.

Sec. 3. There is hereby created a Board of Pardons and

Parole to be composed of the Secretary of Justice who shall
be its Chairman, and four members to be appointed by the
President, with the consent of the Commission on
Appointments who shall hold office for a term of six years:
Provided, That one member of the board shall be a trained
sociologist, one a clergyman or educator, one psychiatrist
unless a trained psychiatrist be employed by the board, and
the other members shall be persons qualified for such work
by training and experience. At least one member of the
board shall be a woman. Of the members of the present
board, two shall be designated by the President to continue
until December thirty, nineteen hundred and sixty-six and
the other two shall continue until December thirty,
nineteen hundred and sixty-nine. In case of any vacancy in
the membership of the Board, a successor may be
appointed to serve only for the unexpired portion of the
term of the respective members.

Sec. 4. The Board of Pardons and Parole is authorized to

adopt such rules and regulations as may be necessary for
carrying out its functions and duties. The Board is
empowered to call upon any bureau, office, branch,
subdivision, agency or instrumentality of the Government
for such assistance as it may need in connection with the
performance of its functions. A majority of all the members
shall constitute a quorum and a majority vote shall be
necessary to arrive at a decision. Any dissent from the
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majority opinion shall be reduced to writing and filed with

the records of the proceedings. Each member of the Board,
including the Chairman and the Executive Officer, shall be
entitled to receive as compensation fifty pesos for each
meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the
Revised Administrative Code, and in addition thereto,
reimbursement of actual and necessary traveling expenses
incurred in the performance of duties: Provided, however,
That the Board meetings will not be more than three times
a week.

Sec. 5. It shall be the duty of the Board of Indeterminate

Sentence to look into the physical, mental and moral record
of the prisoners who shall be eligible to parole and to
determine the proper time of release of such prisoners.
Whenever any prisoner shall have served the minimum
penalty imposed on him, and it shall appear to the Board of
Indeterminate Sentence, from the reports of the prisoner's
work and conduct which may be received in accordance
with the rules and regulations prescribed, and from the
study and investigation made by the Board itself, that such
prisoner is fitted by his training for release, that there is a
reasonable probability that such prisoner will live and
remain at liberty without violating the law, and that such
release will not be incompatible with the welfare of society,
said Board of Indeterminate Sentence may, in its discretion,
and in accordance with the rules and regulations adopted
hereunder, authorize the release of such prisoner on
parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board. The said
Board of Indeterminate Sentence shall also examine the
records and status of prisoners who shall have been
convicted of any offense other than those named in Section
2 hereof, and have been sentenced for more than one year
by final judgment prior to the date on which this Act shall
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take effect, and shall make recommendation in all such

cases to the Governor-General with regard to the parole of
such prisoners as they shall deem qualified for parole as
herein provided, after they shall have served a period of
imprisonment not less than the minimum period for which
they might have been sentenced under this Act for the same
offense.

Sec. 6. Every prisoner released from confinement on parole

by virtue of this Act shall, at such times and in such manner
as may be required by the conditions of his parole, as may
be designated by the said Board for such purpose, report
personally to such government officials or other parole
officers hereafter appointed by the Board of Indeterminate
Sentence for a period of surveillance equivalent to the
remaining portion of the maximum sentence imposed upon
him or until final release and discharge by the Board of
Indeterminate Sentence as herein provided. The officials so
designated shall keep such records and make such reports
and perform such other duties hereunder as may be
required by said Board. The limits of residence of such
paroled prisoner during his parole may be fixed and from
time to time changed by the said Board in its discretion. If
during the period of surveillance such paroled prisoner
shall show himself to be a law-abiding citizen and shall not
violate any of the laws of the Philippine Islands, the Board
of Indeterminate Sentence may issue a final certificate of
release in his favor, which shall entitle him to final release
and discharge.

Sec. 7. The Board shall file with the court which passed
judgment on the case, and with the Chief of Constabulary, a
certified copy of each order of conditional or final release
and discharge issued in accordance with the provisions of
the next preceding two sections.

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Sec. 8. Whenever any prisoner released on parole by virtue

of this Act shall, during the period of surveillance, violate
any of the conditions of his parole, the Board of
Indeterminate Sentence may issue an order for his re-
arrest which may be served in any part of the Philippine
Islands by any police officer. In such case the prisoner so
re-arrested shall serve the remaining unexpired portion of
the maximum sentence for which he was originally
committed to prison, unless the Board of Indeterminate
Sentence shall, in its discretion, grant a new parole to the
said prisoner.

Sec. 9. Nothing in this Act shall be construed to impair or

interfere with the powers of the Governor-General as set
forth in Section 64(i) of the Revised Administrative Code or
the Act of Congress approved August 29, 1916 entitled "An
Act to declare the purpose of the people of the United States
as to the future political status of the people of the
Philippine Islands, and to provide a more autonomous
government for those Islands."

Sec. 10. Whenever any prisoner shall be released on parole

hereunder he shall be entitled to receive the benefits
provided in Section 1751 of the Revised Administrative
Code.

Approved: December 5, 1933.

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CHAPTER 4

ADULT PROBATION

History
Probation was first introduced in the Philippines
during the American colonial period (1898 - 1945) with the
enactment of Act No. 4221 of the Philippine Legislature on
August 7, 1935. This law created a Probation Office under
the Department of Justice. On November 16, 1937, after
barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional
because of some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress,

which would establish a probation system in the
Philippines. This bill avoided the objectionable features of
Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of
Representatives, but was pending in the Senate when
Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission

Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft
decree was presented to a selected group of 369 jurists,
penologists, civic leaders and social and behavioral
scientists and practitioners. The group overwhelmingly
endorsed the establishment of an Adult Probation System
in the country.

On July 24, 1976, Presidential Decree No. 968, also

known as Adult Probation Law of 1976, was signed into
Law by the President of the Philippines.

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The startup of the probation system in 1976-1977

was a massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods
and procedures; administrative and procedural manuals
were developed; probation officers recruited and trained,
and the central agency and probation field offices organized
throughout the country. Fifteen selected probation officers
were sent to United States for orientation and training in
probation administration. Upon their return, they were
assigned to train the newly recruited probation officers.

The probation system started to operate on January

3, 1978. As more probation officers were recruited and
trained, more field offices were opened. There are at
present 204 field offices spread all over the country,
supervised by 15 regional offices.

The Organization

The Probation Administration was created by virtue

of Presidential Decree No. 968, “The Probation Law of
1976”, to administer the probation system. 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

Effective August 17, 2005, by virtue of a

Memorandum of Agreement with the Dangerous Drugs
Board, the Administration performs another additional
function of investigating and supervising first-time minor
drug offenders who are placed on suspended pursuant to
Republic Act No. 9165.
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Mission
To rehabilitate probationers, parolees and
pardonees and promote their development as integral
persons by utilizing innovative interventions and
techniques which respect the dignity of man and recognize
his divine destiny.

Mandate
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
The Administration's programs sets to achieve the
following goals:
1. Promote the reformation of criminal offenders and
reduce the incidence of recidivism, and

2. Provide a cheaper alternative to the institutional

confinement of first-time offenders who are likely to
respond to individualized, community-based treatment
programs.

Functions
To carry out these goals, the Agency through its
network of regional and field parole and probation officers
performs the following functions:
• to administer the parole and probation system
• to exercise supervision over parolees, pardonees
and probationers
• to promote the correction and rehabilitation of
criminal offenders.

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Major Rehabilitation Programs

1. RESTORATIVE JUSTICE (RJ)

Is a philosophy and a process whereby stakeholders
in a specific offense resolve collectively how to deal with
the aftermath of the offense and its implications for the
future. It is a victim-centered response to crime that
provides opportunity for those directly affected by the
crime - the victim, the offender, their families and the
community - to be directly involved in responding to the
harm caused by the crime. Its ultimate objective is to
restore the broken relationships among stakeholders.
The Restorative Justice process provides a healing
opportunity for affected parties to facilitate the recovery of
the concerned parties and allow them to move on with
their lives.

2. The VOLUNTEER PROBATION AIDE (VPA) PROGRAM

- is a strategy by which the Parole and Probation
Administration may be able to generate maximum citizen
participation or community involvement. Citizens of good
standing in the community may volunteer to assist the
probation and parole officers in the supervision of a
number of probationers, parolees and conditional
pardonees in their respective communities. Since they
reside in the same community as the client, they are able to
usher the reformation and rehabilitation of the clients
hands-on.

In collaboration with the PPO, the VPA helps pave

the way for the offender, victim and community to each
heal from the harm resulting from the crime done. They can
initiate a circle of support for clients and victims to prevent
further crimes, thereby be participants in nation-building

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3. The THERAPEUTIC COMMUNITY (TC)

Is a self-help social learning treatment model used
in the rehabilitation of drug offenders and other clients
with behavioral problems. TC adheres to precepts of “right
living” - Responsible Love and Concern; Truth and Honesty;
the Here and Now; Personal Responsibility for Destiny;
Social Responsibility (brother’s keeper); Moral Code; Work
Ethics and Pride in Quality.

The Therapeutic Community (TC) is an environment

that helps people get help while helping themselves. It
operates in a similar fashion to a functional family with a
hierarchical structure of older and younger members. Each
member has a defined role and responsibilities for
sustaining the proper functioning of the TC. There are sets
of rules and community norms that members commit to
live by and uphold upon entry. The primary “therapist” and
teacher is the community itself, consisting of peers,
staff/probation and parole officers and even Volunteer
Probation Aides (VPA), who, as role models of successful
personal change, serve as guides in the recovery process.

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM,
ADULT PROBATION

WHEREAS, one of the major goals of the government

is to establish a more enlightened and humane correctional
systems that will promote the reformation of offenders and
thereby reduce the incidence of recidivism;
WHEREAS, the confinement of all offenders prisons and
other institutions with rehabilitation programs constitutes
an onerous drain on the financial resources of the country;
and

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WHEREAS, there is a need to provide a less costly

alternative to the imprisonment of offenders who are likely
to respond to individualized, community-based treatment
programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS,

President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby order and decree the
following:

Section 1. Title and Scope of the Decree. 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.

Section 2. Purpose. 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.

Section 3. Meaning of Terms. As used in this Decree, the

following shall, unless the context otherwise requires, be
construed thus:
(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.
(b) "Probationer" means a person placed on probation.

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(c) "Probation Officer" means one who investigates for the

court a referral for probation or supervises a probationer
or both.

Section 4. Grant of Probation. Subject to the provisions of

this Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of
said defendant, suspend the execution of said sentence and
place the defendant on probation for such period and upon
such terms and conditions as it may deem best.

Probation may be granted whether the sentence

imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court,
with notice to the appellate court if an appeal has been
taken from the sentence of conviction. The filing of the
application shall be deemed a waiver of the right to appeal,
or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be

appealable.
Section 5. Post-sentence Investigation. 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.

Section 6. Form of Investigation Report. 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.

Section 7. Period for Submission of Investigation Report.

The probation officer shall submit to the court the
investigation report on a defendant not later than sixty
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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 the custody of a
responsible member of the community who shall guarantee
his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. 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.

Section 9. Disqualified Offenders. The benefits of this

Decree shall not be extended to those:

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(a) sentenced to serve a maximum term of imprisonment of

more than six years;

(b) convicted of any offense against the security of the

State;

(c) who have previously been convicted by final judgment

of an offense punished by imprisonment of not less than
one month and one day and/or a fine of not less than Two
Hundred Pesos;

(d) who have been once on probation under the provisions

of this Decree; and

(e) who are already serving sentence at the time the

substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.

Section 10. Conditions of Probation. 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;
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(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 to probation officer or an authorized social
worker to visit his home and place or 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.

Section 11. 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 placed on probation.

Section 12. Modification of Condition of Probation. 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 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.
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Section 13. Control and Supervision of Probationer. 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.

Section 14. Period of Probation.

(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.

Section 15. Arrest of Probationer; Subsequent Disposition.

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
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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.

Section 16. Termination of Probation. After the period of

probation and upon consideration of the report and
recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate

to restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was granted.

The probationer and the probation officer shall each

be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation

report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall not
be disclosed directly or indirectly to anyone other than the
Probation Administration or the court concerned, except
that the court, in its discretion, may permit the probationer
of his attorney to inspect the aforementioned documents or
parts thereof whenever the best interest of the probationer
make such disclosure desirable or helpful: Provided,
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Further, That, any government office or agency engaged in

the correction or rehabilitation of offenders may, if
necessary, obtain copies of said documents for its official
use from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby

created under the Department of Justice an agency to be
known as the Probation Administration herein referred to
as the Administration, which shall exercise general
supervision over all probationers.

The Administration shall have such staff, operating

units and personnel as may be necessary for the proper
execution of its functions.

Section 19. Probation Administration. 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;

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(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.

Section 20. Assistant Probation Administrator. 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.

Section 21. Qualifications of the Administrator and

Assistant Probation Administrator. 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.

Section 22. Regional Office; Regional Probation Officer. The

Administration shall have regional offices organized in
accordance with the field service area patterns established
under the Integrated Reorganization Plan.

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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 officers within
his jurisdiction and such duties as may 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.

Section 23. Provincial and City Probation Officers. 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.

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 of that of
the probation aide on the terms and conditions of their
probations;

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(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.

Section 24. Miscellaneous Powers of Provincial and City

Probation Officers. 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 police officer.

Section 25. Qualifications of Regional, Assistant Regional,

Provincial, and City Probation Officers. 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, administration, or related fields and has at least
three years of experience in work requiring any of the
abovementioned disciplines, or is a member of the

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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.

Section 26. Organization. Within twelve months from the

approval of this Decree, the Secretary of Justice shall
organize the administrative structure of the Administration
and the other agencies created herein. During said period,
he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of
achieving maximum efficiency and economy in the
operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel,

Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties
effectively.

Section 28. Probation Aides. To assist the Provincial or City

Probation Officers in the supervision of probationers, the
Probation Administrator may appoint citizens of good
repute and probity to act as probation aides.

Probation Aides shall not receive any regular

compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be
determined by the Probation Administrator. Their
qualifications and maximum case loads shall be provided in
the rules promulgated pursuant to this Decree.

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Section 29. Violation of Confidential Nature of Probation

Records. The penalty of imprisonment ranging from six
months and one day to six years and a fine ranging from
hundred to six thousand pesos shall be imposed upon any
person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the

appropriation of the sum of Six Million Five Hundred
Thousand Pesos or so much as may be necessary, out of any
funds in the National Treasury not otherwise appropriated,
to carry out the purposes of this Decree. Thereafter, the
amount of at least Ten Million Five Hundred Thousand
Pesos or so much as may be necessary shall be included in
the annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws,

orders and regulations contrary to or inconsistent with this
Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or

provision of this Decree shall be held invalid or
unconstitutional, no other parts, sections or provisions
hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its
approval: Provided, However, That, the application of its
substantive provisions concerning the grant of probation
shall only take effect twelve months after the certification
by the Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure of the
Probation Administration and of the other agencies has
been organized.

DONE in the City of Manila, this 24th day of July in the year
of Our Lord, nineteen hundred and seventy-six.

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CHAPTER 5

PAROLE AND PROBATION ADMINISTRATION OMNIBUS

RULES ON PROBATION METHODS AND PROCEDURES

Pursuant to the authority vested by law on the

Secretary of Justice, the following Implementing Rules and
Regulations are hereby promulgated according to the
provisions of Section 19 (d) and 6 of Presidential Decree
(PD) No. 968, the Probation Law of 1976, embodied in
Sections 23 - 25, Chapter 7, Title III, Book IV, Executive
Order No. 292, otherwise known as the Administrative
Code of 1987.

I. GENERAL PROVISIONS

Section 1.
Title.
These Rules shall be known and cited as the "Parole
and Probation Administration Omnibus Rules on
Probation Methods and Procedures" or, for brevity,
"Probation Rules" or simply "Rules".

Section 2. Policy Objectives and Declared Purposes

These Rules are adopted to carry out the purposes of
PD 968, as follows:
a) to promote the correction and rehabilitation of an
offender by providing him with individualized
community based treatment;
b) to provide an opportunity for his reformation and
re-integration into the community; and
c) to prevent the commission of offenses.

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Section 3.
Liberal Construction
These Rules shall be liberally construed so as to
successfully, efficiently, and effectively implement,
carry out and effectuate the social justice spirit,
intent, and rationale or, summarily, the "spirit and
intent", of the Probation Law, and the pertinent
provisions of the Administrative Code of 1987, and
the policy objectives and declared purposes of these
Rules, in line with the well-settled social justice
orientation of the 1987 Constitution. In the event of
doubt, or conflict, the spirit and intent of the
Probation Law and these Rules shall prevail over the
letter or literal provisions thereof, considering that
they partake of social legislation and are special
laws in nature and character.

Section 4. Definition of Terms.

As used in these Rules, unless the context provides
otherwise, the following terms shall be construed,
thus:
(a) "Probation" - a disposition under which a
defendant, after conviction and sentence, is released
subject to conditions imposed by the Trial Court and
to the supervision of a Probation Officer;
(b) "Petitioner" - a convicted defendant who files an
application for probation;
(c) "Probationer" - a person who is placed under
probation;
(d) "Probation Officer" - public officer like the Chief
Probation and Parole Officer(CPPO),
Supervising Probation and Parole Officer (SPPO),
Senior Probation and Parole Officer (SrPPO),
Parole and Probation Officer II (PPOII),
or Parole and Probation Officer I (PPOI), who
investigates for the Trial Court a referral for
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probation or supervises a probationer or does both

functions and performs other necessary and related
duties and functions as directed;
(e) "Trial Court" - refers to the Regional Trial Court
(RTC) of the Province or City/Municipal Court which
has jurisdiction over the case;
(f) "Probation Office" - refers either to the Provincial
or City Probation Office directed to conduct
investigation or supervision referrals as the case
may be;
(g) "Probation Order" - order of the trial court
granting probation. The appearance of the above-
mentioned Parole and Probation Administration
(PPA) officials, upon written invitation or order of
the Trial Court, may be on issues on probation
services only not on legal questions, the latter issue
being within the province of the courts to decide or
resolve.

Section 5.
Amicus Curiae
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 appear as amicus curiae
on any probation investigation and supervision
issue, concern or matter.

II. APPLICATION FOR PROBATION

Section 6.

Filing.
Application for probation shall be filed with the Trial
Court which has jurisdiction over the case.

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Section 7.
Time for Filing
The applicant shall file his application with the Trial
Court at any time after conviction and sentence but
within the period for perfecting his appeal as
provided by the Rules of Court.

Section 8.
Form.
The application for probation shall be in the form
approved by the Secretary of Justice as
recommended by the Administrator or as may be
prescribed by the Supreme Court. Official application
form or Xerox copy of the same may be obtained or
secured from any City or Provincial Parole and
Probation Office for free.

Section 9
Notice to the Prosecuting Officers of the Filing of the
Application.

The Trial Court may notify the concerned

Prosecuting Officer of the filing of the application at
a reasonable time it deems necessary, before the
scheduled hearing thereof.

Section 10.
Comment.
The Prosecuting Officer may submit his comment(s),
if any, on the application within a reasonable time
given to him by the Trial Court from his receipt of
the notice to comment.

Section 11.
Referral to Proper Probation Office.

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If the Trial Court finds that the application is in due

form and the applicant appears to be qualified for
the grant of probation, it shall order the City or
Provincial Parole and Probation Office within its
jurisdiction to conduct a Post-Sentence Investigation
(PSI) on the applicant and submit the Post-Sentence
Investigation Report (PSIR) within sixty (60) days
from receipt of the order of said court to conduct
such investigation with findings and
recommendation as stated in PD 968, as amended.

Section 12.
Docket Book
All court orders for PSI, copies of which were
received by the Probation Office, shall be numbered
consecutively in the order received by said Office
and recorded in its Docket Book for the purpose,
indicating therein, among others, the date of receipt
thereof, court, its branch and address, applicant's
name, criminal case number,
description/designation of the offense, penalty
imposed, and other related data and information.
Corollary to this, the Trial Court may direct the
applicant to report to the proper Probation Office
within seventy-two (72) hours from his receipt of
such order.

Section 13
Effects of Filing and Receipt.
(a)The Trial Court may, upon receipt of the
application filed, suspend the execution of the
sentence imposed in the judgment.(b)Pending the
submission of the PSIR (PPA Form 3) and the
resolution on the application, the applicant may be
allowed on temporary liberty under his bail filed in
the criminal case: Provided , That, in case where no
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bail was filed or the applicant is incapable of filing

one, the trial court may allow the release of the
applicant on recognizance to the custody of a
responsible member of the community who shall
guarantee his appearance whenever required by the
trial court.

III. POST-SENTENCE INVESTIGATION

Section 14.
Assignment.
After receipt from the Trial Court, the City or
Provincial Parole and Probation Office concerned,
through the CPPO shall assign the same to the office
clerk for docketing and eventual assignment to a
subordinate investigating Probation Officer for the
conduct of the PSI or conduct such investigation
himself.

Section 15
Initial Interview Work Sheet: Waiver.
(a)Within five (5) working days from receipt of said
delegated assignment (or self-assignment), the
investigating Probation Officer on case (or Chief
Probation and Parole Officer) shall initially
interview the applicant if he appeared in the
Probation Office upon response to the seventy-two
(72) hours limitation given to him by the Trial Court.
If not, the Probation Officer on case may write the
applicant in his court given address, or personally
visit applicant's place to schedule an initial
interview at the Probation Office.

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CHAPTER 6
RULES ON PAROLE AND PARDON

The controversial plan of Pres. Gloria Arroyo to

pardon former Pres. Joseph Estrada, who has been
convicted of the crime of plunder (penalty of reclusion
perpetua) should be well studied in relation to, inter alia,
the rules implementing Act No. 4103.

Pursuant to the provisions of Section 4 of Act No. 4103,

"The Indeterminate Sentence Law", as amended, the
following Rules and Regulations are hereby promulgated to
govern the actions and proceedings of the Board of Pardons
and Parole:

I. GENERAL PROVISIONS

SEC. 1. Policy Objectives - Under the provisions of Act No.

4103, as amended, otherwise known as the "Indeterminate
Sentence Law", which was approved on December 5, 1933,
it is the function of the Board of Pardons and Parole to
uplift and redeem valuable human material to economic
usefulness and to prevent unnecessary and excessive
deprivation of personal liberty by way of parole or through
executive clemency. Towards this end, 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;

2. Assists in the full rehabilitation of individuals on parole

or those under conditional pardon with parole conditions,
by way of parole supervision; and,

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3. Recommends to the President of the Philippines the

grant of any form of executive clemency to prisoners other
than those entitled to parole.

SEC. 2. Definition of Terms - As used in these Rules, unless

the context indicates otherwise-

a. "Board" refers to the Board of Pardons and Parole;

b. "Executive Director" refers to the Executive

Director/Secretary of the Board;

c. "Administration" refers to the Parole and Probation

Administration;

d. "Administrator" refers to the Administrator of the Parole

and Probation Administration;

e. "Regional Director "refers to the Head of the Parole and

Probation Administration in the region;

f. "Probation and Parole Officer" refers to the Probation and

Parole Officer undertaking the supervision of the client;

g. "Director" refers to the Director of the Bureau of

Corrections;

h. "Penal Superintendent" refers to the Officer-In-Charge of

the New Bilibid Prison, the Correctional Institution for
Women and the prison and penal farms of the Bureau of
Corrections;

i. "Warden" refers to the Officer-In-Charge of the Provincial,

City, Municipal or District Jail;

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j. "Carpeta" refers to the institutional record of an inmate

which consists of his mittimus or commitment order issued
by the Court after conviction, the prosecutor's information
and the decisions of the trial court and the appellate court,
if any; certificate of non-appeal, certificate of detention and
other pertinent documents of the case;

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

l. "Parole" refers to the conditional release of an offender

from a correctional institution after he has served the
minimum of his prison sentence;

m. "Executive Clemency" refers 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;

n. "Reprieve" refers to the deferment of the implementation

of the sentence for an interval of time; it does not annul the
sentence but merely postpones or suspends its execution;

o. "Commutation of Sentence" refers to the reduction of the

duration of a prison sentence of a prisoner;

p. "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 had

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committed resulting in the partial extinction of his criminal

liability;

q. "Absolute Pardon" refers to 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 the penalty imposed for the
particular offense of which he was convicted;

r. "Petitioner" refers to the prisoner who applies for the

grant of executive clemency or parole;

s. "Parolee" refers to a prisoner who is released on parole;

t. "Pardonee" refers to a prisoner who is released on

conditional pardon;

u. "Client" refers to a parolee/pardonee who is placed

under supervision of a Probation and Parole Officer;

v. "Release Document" refers to the Conditional

Pardon/Absolute Pardon issued by the President of the
Philippines to a prisoner or to the "Discharge on Parole"
issued by the Board;

w. "Parole Supervision" refers to the

supervision/surveillance by a Probation and Parole Officer
of a parolee/pardonee;

x. "Summary Report" refers to the final report submitted by

the Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter's final release and
discharge;

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y. "Progress Report" refers to the report submitted by the

Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision;

z. "Infraction Report" refers to the report submitted by the

Probation and Parole Officer on violations committed by a
parolee/pardonee of the conditions of his release on parole
or conditional pardon while under supervision.

SEC. 3. National Prisoner Confined in a Local Jail - The

Board may not consider the release on pardon/parole of a
national prisoner who is serving sentence in a municipal,
city, district or provincial jail unless the confinement in said
jail is in good faith or due to circumstances beyond the
prisoner's control.

A national prisoner, for purposes of these Rules, is

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

SEC. 4. Scope of Authority - The Board may consider the

case of a prisoner for executive clemency or parole only
after his case has become final and executory. It will not
take action on the petition of a prisoner who has a pending
criminal case in court or when his case is on appeal.

In case the prisoner has one or more co-accused

who had been convicted, the Director/Warden concerned
shall forward their prison records and carpetas at the same
time.
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II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE

SEC. 5. Filing of Petition - 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.

SEC. 6. Contents of Petition - A petition for parole/executive

clemency shall state the name of the prisoner, his age,
previous criminal record, if any, whether a Filipino citizen
or an alien and, if a naturalized Filipino, his former
nationality and date of naturalization, his previous
occupation, place of residence, present crime for which he
was convicted, the trial/appellate court, his penalty of
imprisonment, fine, indemnity and the commencing date
thereof, the jail or prison to which he was committed
and/or where he is presently confined, the date he was
received for confinement, the grounds upon which
executive clemency is being asked and certification from
the trial court that his case is not on appeal.

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In addition to the above-mentioned data, 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.

SEC. 7. Supporting Documents of Petition for Absolute

Pardon - The petition for absolute pardon shall be
accompanied by -

a. the affidavits of at least two (2) responsible members of

the community where the petitioner resides. The affidavits
shall, among others, state that the petitioner has conducted
himself in a moral and law-abiding manner since his
release from prison and shall indicate the petitioner's
occupation and his social activities including religious
involvement;

b. the clearances from the National Bureau of Investigation,

the Philippine National Police, the Prosecutor's Office, the
Municipal Circuit Trial Court, the Municipal Trial Court, the
Municipal Trial Court in Cities, the Metropolitan Trial Court
and the Regional Trial Court where petitioner resides;

c. proof of payment of indemnity and/or fine, or in lieu

thereof, certification from the City/Municipal Treasurer or
Probation and Parole Officer on his financial condition; and,

d. proof of service of sentence or certificate of Final Release

and Discharge or court's Termination Order of probation.

SEC. 8. Referral of Petition for Absolute Pardon to a

Probation and Parole Officer - Upon receipt of a petition for
absolute pardon, the Board shall refer the petition to a
Probation and Parole Officer who shall conduct an
investigation on the conduct and activities, as well as the
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social and economic conditions, of the petitioner prior to

his conviction and since his release from prison and submit
a report thereof within fifteen (15) days from receipt of the
referral.

SEC. 9. Referral of Petition for Executive Clemency/Parole

to Other Government Agencies - A petition for executive
clemency shall be referred by the Board to the Secretary of
National Defense for comment and recommendation if the
crime committed by the petitioner is against national
security or public order or law of nations. In case of
violation of election laws, rules and regulations, a petition
for executive clemency/parole shall be referred to the
Commission on Elections for favorable recommendation,
provided, however, that regardless of the crime committed,
a petition for executive clemency/parole may be referred
for a pre-parole/executive clemency investigation to a
Probation and Parole Officer who shall submit a report on
the behaviour, character antecedents, mental and physical
condition of the petitioner within thirty (30) days from
receipt of referral, to include the results of the National
Bureau of Investigation records check.

In case of an alien, the petition shall be referred to the

Department of Foreign Affairs for comment and
recommendation.

III. EXECUTIVE CLEMENCY

SEC. 10. Review of Cases for Executive Clemency - Petitions

for executive clemency may be reviewed if the prisoners
meet the following minimum requirements :

For Commutation of Sentence - the prisoner shall have

served at least one-third (1/3) of the minimum of his

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indeterminate and/or definite sentence or the aggregate

minimum of his indeterminate and/or definite sentences.
at least ten (10) years for prisoners sentenced to Reclusion
Perpetua or Life imprisonment for crimes or offenses
committed before January 1, 1994.

At least twelve (12) years for prisoners whose

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.

At least fifteen (15) years for prisoners convicted of

heinous crimes as defined in Republic Act No. 7659 and
other special laws committed on or after January 1, 1994
and sentenced to one or more Reclusion Perpetua or Life
imprisonment
at least twenty (20) years in case of one (1) or more Death
penalty/penalties, which was/were automatically reduced
or commuted to one (1) or more Reclusion Perpetua or Life
imprisonment;

For Conditional Pardon, the prisoner shall have

served at least one-half (1/2) of the minimum of his
original indeterminate and/or definite sentence. However,
in the case of a prisoner who is convicted of a heinous
crime as defined in Republic Act No. 7659 and other special
laws, he shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence before his
case may be reviewed for conditional pardon.

For Absolute Pardon, after he has served his

maximum sentence or granted final release and discharge
or court termination of probation. However, the Board may
consider a petition for absolute pardon even before the
grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the
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petitioner: (1) is seeking an appointive/elective public

position or reinstatement in the government service; (2)
needs medical treatment abroad which is not available
locally; (3) will take any government examination; or (4) is
emigrating.

SEC. 11. Prisoners not Eligible for Executive Clemency -

Prisoners who escaped or evaded service of sentence are
not eligible for executive clemency for a period of one (1)
year from the date of their last recommitment to prison or
conviction for evasion of service of sentence.

SEC. 12. Transmittal of Carpeta and Prison Record - In

executive clemency/parole cases, the Director or Warden
concerned shall forward the prison record and carpeta of a
petitioner at least one (1) month prior to the eligibility for
review as specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the
Board and the Administration on or before the fifth day of
every month, a list of prisoners whose minimum sentences
will expire within ninety (90) days and those who may be
considered for executive clemency.

IV. PAROLE

SEC. 13. Review of Cases for Parole - Unless otherwise

disqualified under Section l5 of these Rules, a case for
parole of a prisoner shall be reviewed upon a showing that
he is confined in prison or jail to serve an indeterminate
sentence, the maximum period of which exceeds one (1)
year, pursuant to a final judgment of conviction and that he
has served the minimum period of said sentence.

SEC. 14. Grant of Parole - A prisoner may be granted parole

whenever the Board finds that there is a reasonable
probability that if released, he will be law-abiding and that
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his release will not be incompatible with the interest and

welfare of society.

SEC. 15. Disqualification for Parole - The following

prisoners shall not be granted parole:

Those convicted of an offense punished with Death penalty,

Reclusion Perpetua or Life imprisonment;

Those convicted of treason, conspiracy or proposal to

commit treason or espionage;
Those convicted of misprision of treason, rebellion, sedition
or coup d'etat;

Those convicted of piracy or mutiny on the high seas or

Philippine waters;

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;

Those who escaped from confinement or evaded sentence;

Those who were granted Conditional Pardon and violated
any of the terms thereof;

Those whose maximum term of imprisonment does not

exceed one (1) year or those with definite sentence;

Those suffering from any mental disorder as certified by a

government psychiatrist/psychologist;

Those whose conviction is on appeal;

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Those who have pending criminal case/s.

SEC. 16. 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.

V. PROCEEDINGS OF THE BOARD

SEC. 17. Interview of Prisoners - Any Board member or

government official authorized by the Board may interview
prisoners confined in prison or jail to determine whether or
not they may be released on parole or recommended for
executive clemency.

The Board or its authorized representatives shall

interview an inmate who was sentenced to Reclusion
Perpetua or Life imprisonment, or whose sentence had
been commuted from Death to Reclusion Perpetua.

Before an interview, the Board may require a

prisoner convicted of a heinous crime as defined under
Republic Act No. 7659 and other special laws to undergo
psychological/psychiatric examination if the prisoner has a
history of mental instability, or in any case, if the Board
finds a need for such examination in the light of the nature
of the offense committed or manner of its commission.

SEC. 18. Publication of those Eligible for Executive

Clemency/Parole - The Board shall cause the publication in
a newspaper of general circulation the names of prisoners
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convicted of heinous crimes or those sentenced by final

judgment to Reclusion Perpetua or Life imprisonment, who
may be considered for release on parole or for
recommendation for absolute or conditional pardon.

SEC. 19. Objections to Petitions - When an objection is filed,

the Board may consider the same by requesting the person
objecting to attach thereto evidence in support thereof. In
no case, however, shall an objection disqualify from
executive clemency/parole the prisoner against whom the
objection is filed.

SEC. 20. Documents to be Considered - The carpeta and

prison record of the prisoner and other relevant
documents, such as the mittimus or commitment order,
prosecutor's information and trial/appellate court's
decision of the case of the prisoner shall be considered by
the Board in deciding whether or not to recommend
executive clemency or to grant parole.

In case the prisoner has one or more co-accused who had

been convicted, the Board shall consider at the same time
the prison records and carpetas of said co-accused.

SEC. 21. Factors to be Considered in Petition for Conditional

Pardon, Commutation of Sentence or Parole - The following
factors may be considered by the Board in the grant of
conditional pardon, commutation of sentence or parole:

The age of the petitioner, the gravity of the offense

and the manner in which it was committed, and the
institutional behavior or conduct and previous criminal
record, if any; evidence that petitioner will be legitimately
employed upon release; a showing that the petitioner has a
place where he will reside; availability of after-care
services for the petitioner who is old, seriously ill or
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suffering from a physical disability; attitude towards the

offense and the degree of remorse; and, the risk to other
persons, including the victim, his witnesses, his family and
friends, or the community in general, the possibility of
retaliation by the victim, his family and friends.

SEC. 22. Special Factors - The Board may give special

consideration to the recommendation for commutation of
sentence or conditional pardon whenever any of the
following circumstances are present:

• youthful offenders;
• prisoners who are sixty (60) years old and above;
• physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is blind
or similar disabilities;
• serious illness and other life-threatening disease as
certified by a government physician;
• those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;
• alien prisoners where diplomatic considerations and
amity between nations necessitate review;
• 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,
• such other similar or analogous circumstances
whenever the interest of justice will be served
thereby.

SEC. 23. Meetings - The Board shall meet in executive

session regularly or upon the call of the Chairman.

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SEC. 24. Quorum - A majority of all the members of the

Board shall constitute a quorum.

SEC. 25. Board Action - A majority of the members of the

Board, constituting a quorum, shall be necessary to
recommend the grant of executive clemency or to grant
parole; to modify any of the terms and conditions
appearing in a Release Document; to order the arrest and
recommitment of a parolee/pardonee; and to issue
certificate of Final Release and Discharge to a
parolee/pardonee.

The minutes of the meeting of the Board shall show

the votes of its individual members and the reason or
reasons for voting against any matter presented for the
approval of the Board. Any dissent from the majority
opinion to grant or deny parole shall be reduced in writing
and shall form part of the records of the proceedings.

SEC. 26. Executive Clemency/Parole of An Alien - The Board

may recommend the grant of executive clemency or grant
parole to a prisoner who is an alien. In such a case, the alien
who is released on parole or pardon shall be referred to the
Bureau of Immigration for disposition, documentation and
appropriate action.

VI. PAROLE SUPERVISION

SEC. 27. Parole Supervision - After release from

confinement, a client shall be placed under the supervision
of a Probation and Parole Officer so that the former may be
guided and assisted towards rehabilitation.

The period of parole supervision shall extend up to

the expiration of the maximum sentence which should
appear in the Release Document, subject to the provisions
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of Section 6 of Act No. 4103 with respect to the early grant

of Final Release and Discharge.

SEC. 28. Form of Release Document - The form of the

Release Document shall be prescribed by the Board and
shall contain the latest l"x1" photograph and right
thumbprint of the prisoner.

SEC. 29. Transmittal of Release Document - The Board shall

send a copy of the Release Document to the prisoner named
therein through the Director of Corrections or Warden of
the jail where he is confined who shall send a certification
of the actual date of release of prisoner to the Probation
and Parole Officer.

SEC. 30. Initial Report - 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.

SEC. 31. Arrival Report - The Probation and Parole Officer

concerned shall inform the Board thru the Technical
Service, Parole and Probation Administration the date the
client reported for supervision not later than fifteen (15)
working days therefrom.

SEC. 32. Mandatory Conditions of Supervision - It shall be

mandatory for a client to comply with the terms and
conditions appearing in the release document.

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SEC. 33. Review and Modification of Conditions - The Board

may, upon the recommendation of the Probation and
Parole Officer, revise or modify the terms and conditions
appearing in the Release Document.

SEC. 34. 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.

SEC. 35. 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.

SEC. 36. Travel Abroad and/or Work Abroad - Any parolee

or pardonee under active supervision/surveillance who has
no pending criminal case in any court may apply for
overseas work or travel abroad. However, such application
for travel abroad shall be approved by the Administrator
and confirmed by the Board.

SEC. 37. Death of Client - If a client dies during supervision,

the Probation and Parole Officer shall immediately transmit
a certified true copy of the client'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 client resided, shall suffice.

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VII. INFRACTION/VIOLATION OF THE TERMS AND

CONDITIONS OF THE RELEASE DOCUMENT

SEC. 38. Progress Report - When a parolee/pardonee

commits another offense during the period of his parole
surveillance, and the case filed against him has not yet been
decided by the court, a Progress Report should be
submitted by the Probation and Parole Officer to the Board.

SEC. 39. Report of Parole Infraction/Violation - 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 shall be immediately reported by his
Probation and Parole Officer to the Board. The report shall
be called Infraction Report when the client has been
subsequently convicted of another crime.

SEC. 40. Arrest of Client - Upon receipt of an Infraction

Report, the Board may order the arrest or recommitment of
the client.

SEC. 41. Effect of Recommitment of Client - 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.

SEC. 42. Cancellation of Pardon/Parole - The Board may

recommend the cancellation of the pardon or cancel the
grant of parole of a client if it finds that material
information given by said client to the Board, either before
or after release, was false, or incomplete or that the client
had willfully or maliciously concealed material information
from the Board.

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SEC. 43. Review of Case of Recommitted Parolee - The

Board may consider the case of a recommitted parolee for
the grant of a new parole after the latter shall have served
one-fourth (1/4) of the unserved portion of his maximum
sentence.

VIII. TERMINATION OF PAROLE AND CONDITIONAL

PARDON SUPERVISION

SEC. 44. Certificate of Final Release and Discharge - After

the expiration of the maximum sentence of a client, the
Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has
substantially complied with all the conditions of his
parole/pardon, issue a certificate of Final Release and
Discharge to a parolee or pardonee. However, even before
the expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer,
the Board may issue a certificate of Final Release and
Discharge to a parolee/pardonee pursuant to the
provisions of Section 6 of Act No. 4103, as amended.

The clearances from the police, court, prosecutor's

office and barangay officials shall be attached to the
Summary Report.

Sec. 45. Effect of Certificate of Final Release and Discharge -

Upon the issuance of a certificate of Final Release and
Discharge, the parolee/pardonee 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.

SEC. 46. Transmittal of Certificate of Final Release and

Discharge - The Board shall forward a certified true copy of
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the certificate of Final Release and Discharge to the Court

which sentenced the released client, the Probation and
Parole Officer who has supervision over him, the client, the
Bureau of Corrections, the National Bureau of Investigation,
the Philippine National Police and the Office of the
President.

IX. REPEALING AND EFFECTIVITY CLAUSES

SEC. 47. Repealing Clause - All existing rules, regulations

and resolutions of the Board which are inconsistent with
these Rules are hereby repealed or amended accordingly.

SEC. 48. Effectivity Clause - These Rules shall take effect

upon approval by the Secretary of Justice and fifteen (l5)
days after its publication in a newspaper of general
circulation.

Done in Quezon City, this 26th day of November 2002.

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Bibliography
1. Non-Institutional Correction by, Foronda
2. PD 603
3. R. A 9344
4. PD 968
5. Act No. 4103, Indeterminate Sentence Law
6. Controlling Crimes of major Concern: Problems and
Countermeasures, Correction Pillar; DOJ Usec. Ramon J.
Liwag.
7. Notes on Penology by; Sidlacan

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