PRESIDENTIAL DECREE No.

1257
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED NINE
HUNDRED AND SIXTY-EIGHT, OTHERWISE KNOWN AS THE PROBATION LAW OF
1976
WHEREAS, the need to strengthen certain provisions of Presidential Decree No. 968,
otherwise known as the Probation Law of 1976, has surfaced in the nationwide seminars
which introduced said law to judges, fiscals and private law practitioners;
WHEREAS, meeting such need would better ensure the achievement of its laudable
objectives;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order and decree as
follows:
Section 1. Section 4 of Presidential Decree No. 968, otherwise known as the Probation
Law of 1976, is hereby amended to read as follows:
"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after
it shall have convicted and sentenced a defendant but before he begins to serve his
sentence and upon his application, 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.
The prosecuting officer concerned shall be notified by the court of the filling of the
application for probation and he may submit his comment on such application within ten
days from receipt of the notification.
Probation may be granted whether the sentence impose a term of imprisonment or a fine
with subsidiary imprisonment in case of insolvency. An application for probation shall be
filed with trial court, with notice to appellate court if an appeal has been taken from the
sentence of conviction. The filling of the application shall be deemed a waiver of the
right to appeal, or the automatic withdrawal of a pending appeal. In the latter case
however, if the application is filed on or after the date of the judgment of the appellate
court.
An order granting or denying probation shall not be appealable."
Section 2. The first paragraph of Section 7 of the same Decree is hereby amended to
read as follows:
"Sec. 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 days from receipt
of the order of said court to conduct the investigation. The court shall resolve the
application for probation not later than fifteen days after receipts of said report."
Section 3. Section 15 of the same Decree is hereby amended to read as follows:
"Sec. 15. Arrest and Probationer; Subsequent Disposition. At any time during probation,
the court may issue a warrant for the arrest of a probationer for any serious violation of
the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing of the violation charged. The
defendant may be admitted to bail pending such hearing. In such case, the provisions
regarding release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision.
In the hearing, which shall be summary in nature, the probationer shall have the right to
be informed of the violation charged and to adduce evidence in his favor. The court shall
not be bound by the technical rules of evidence but may be inform itself of all the facts
which are material and relevant to ascertain the veracity of the charge. The State shall
be represented by a prosecuting officer in any contested hearing. If the violation is
established, the court may revoke or continue his probation and modify 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 4. Section 33 of the same Decree is hereby amended to read as follows:

"Sec. 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 on January 3, 1978."
Section 5. This Decree shall take effect immediately.
Done in the City of Manila, this 1st day of December, in the year of Our Lord, nineteen
hundred and seventy-seven.

BATAS PAMBANSA BLG. 76

AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED SIXTY-
EIGHT, AS AMENDED, OTHERWISE KNOWN AS THE PROBATION LAW OF
NINETEEN HUNDRED AND SEVENTY-SIX, SO AS TO EXPAND ITS COVERAGE.
Be it enacted by the Batasang Pambansa in session assembled:
SECTION 1. Section nine of Presidential Decree Numbered Nine hundred sixty-eight, as
amended by Presidential Decree Numbered Twelve hundred and fifty-seven, is hereby
further amended to read as follows:
"SEC. 9. Disqualified Offenders.—The benefits of this Decree shall not be extended to
those:
"(a) sentenced to serve a maximum term of imprisonment of more than six years and
one day;
"(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 more than
Two Hundred Pesos; and
"(d) who have been once on probation under the provisions of this Decree."
SEC. 2. Notwithstanding the provision of the Probation Law of 1976, any person
sentenced to a maximum penalty of six years and one day on January 3, 1978 and
thereafter may be placed on probation upon his application therefor with the court of
origin. However, such person serving sentence at the effectivity of this Act shall remain
in jail pending the approval of his application.
SEC 3. This Act shall take effect upon its approval.
Approved, June 13, 1980.
 PRESIDENTIAL DECREE NO. 1990
PRESIDENTIAL DECREE NO. 1990 - AMENDING PRESIDENTIAL DECREE NO. 968
OTHERWISE KNOWN AS THE PROBATION LAW OF 1976

WHEREAS, it has been the sad experience that persons who are convicted of offenses
and who may be entitled to probation still appeal the judgment of conviction even up to
the Supreme Court, only to pursue their application for probation when their appeal is
eventually dismissed;

WHEREAS, the process of criminal investigation, prosecution, conviction and appeal

entails too much time and effort, not to mention the huge expenses of litigation, on the
part of the State;

WHEREAS, the time, effort and expenses of the Government in investigating and
prosecuting accused persons from the lower courts up to the Supreme Court, are
oftentimes rendered nugatory when, after the appellate Court finally affirms the
judgment of conviction, the defendant applies for and is granted probation;

WHEREAS, probation was not intended as an escape hatch and should not be used to
obstruct and delay the administration of justice, but should be availed of at the first
opportunity by offenders who are willing to be reformed and rehabilitated;

WHEREAS, it becomes imperative to remedy the problems abovementioned confronting

our probation system.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of

the powers vested in me by the Constitution, do hereby decree:

Section 1. Sec. 4 of Presidential Decree No. 963 is hereby amended to read as follows:

"Sec. 4. Grant of Probation. – Subject to the provisions of this Decree, the trial court
may, after it shall have convicted and sentenced a defendant, and upon application by
said defendant within the period for perfecting an appeal, suspend the execution of the
sentence and place the defendant on probation for such period and upon such terms
and conditions as it may deem best; Provided, That no application for probation shall be
entertained or granted if the defendant has perfected the appeal from the judgment of
conviction.

"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. The filing of the
application shall be deemed a waiver of the right to appeal.

"An order granting or denying probation shall not be appealable."

Sec. 2. Sec. 9 of Presidential Decree No. 968 is hereby amended to read as follows:
"Sec. 9. Disqualified Offenders. – The benefits of this Decree shall not be extended to
those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of subversion or any crime against the national security or the public
order;

(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 Sec. 33 hereof."

Sec. 3. The provisions of Sec. 4 of Presidential Decree No. 968, as above amended, shall
not apply to those who have already filed their respective applications for probation at
the time of the effectivity of this Decree.

Sec. 4. All laws, decrees, executive or administrative orders, rules and regulations, or
parts thereof, inconsistent with this Decree, are hereby repealed, amended or modified
accordingly.

Sec. 5. This Decree shall take effect after fifteen (15) days following its publication in
the Official Gazette.

DONE in the City of Manila, this 5th day of October, in the year of Our Lord, nineteen
hundred and eighty-five.
 REPUBLIC ACT No. 10707
AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS
THE “PROBATION LAW OF 1976”, AS AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further
amended to read as follows:
“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court
may, after it shall have convicted and sentenced a defendant for a probationable penalty
and upon application by said defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best. No application for
probation shall be entertained or granted if the defendant has perfected the appeal from
the judgment of conviction: Provided, That when a judgment of conviction imposing a
non-probationable penalty is appealed or reviewed, and such judgment is modified
through the imposition of a probationable penalty, the defendant shall be allowed to
apply for probation based on the modified decision before such decision becomes final.
The application for probation based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a non-probationable penalty was
rendered, or in the trial court where such case has since been re-raffled. In a case
involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction.
“The trial court shall, upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.
“This notwithstanding, the accused shall lose the benefit of probation should he seek a
review of the modified decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a
fine only. The filing of the application shall be deemed a waiver of the right to
appeal.1âwphi1
“An order granting or denying probation shall not be appealable.”
SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to
read as follows:
“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to
those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than
one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree; and
“e. who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.”
SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to
read as follows:
“SEC. 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 suspended as a result of his conviction and to totally extinguish his criminal liability as
to the offense for which probation was granted.
“The probationer and the probation officer shall each be furnished with a copy of such
order.”
SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:
“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers shall have the authority within their
territorial jurisdiction to administer oaths and acknowledgments and to take depositions
in connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of a police officer. They shall be
considered as persons in authority.”
SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:
“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, 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 6. Section 28 of the same Decree is hereby amended to read as follows:
“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and
Parole Officers in the supervised treatment program of the probationers, the Probation
Administrator may appoint citizens of good repute and probity, who have the willingness,
aptitude, and capability to act as VPAs.
“VPAs shall not receive any regular compensation except for reasonable transportation
and meal allowances, as may be determined by the Probation Administrator, for services
rendered as VPAs.
“They shall hold office for a two (2)-year term which may be renewed or recalled anytime
for a just cause. Their functions, qualifications, continuance in office and maximum case
loads shall be further prescribed under the implementing rules and regulations of this
Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city
probation office. In order to strengthen the functional relationship of VPAs and the
Probation Administrator, the latter shall encourage and support the former to organize
themselves in the national, regional, provincial, and city levels for effective utilization,
coordination, and sustainability of the volunteer program.”
SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the
provisions hereof not affected by such declaration shall remain in full force and effect.
SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders,
rules and regulations or parts thereof which are inconsistent with this Act are hereby
amended, repealed or modified accordingly.
SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act of the year following its
enactment into law.
SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the
approval of this Act, the Department of Justice shall promulgate such rules and
regulations as may be necessary to carry out the provisions of this Act.
SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in
the Official Gazette or in two (2) newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR. (Sgd.) FRANKLIN M. DRILON
Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 2280 and House Bill No. 4147 was
finally passed by the Senate and the House of Representatives on September 15, 2015
and September 14, 2015, respectively.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) OSCAR B. YABES
Secretary General Secretary of the Senate
House of Representatives
Approved: NOV 26 2015
(Sgd.) BENIGNO S. AQUINO, III
President of the Philippines

SECTION 70, RA 9165

Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
Imprisonment. – Upon promulgation of the sentence, the court may, in its discretion,
place the accused under probation, even if the sentence provided under this Act is
higher than that provided under existing law on probation, or impose community service
in lieu of imprisonment. In case of probation, the supervision and rehabilitative
surveillance shall be undertaken by the Board through the DOH in coordination with the
Board of Pardons and Parole and the Probation Administration. Upon compliance with the
conditions of the probation, the Board shall submit a written report to the court
recommending termination of probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
The community service shall be complied with under conditions, time and place as may
be determined by the court in its discretion and upon the recommendation of the Board
and shall apply only to violators of Section 15 of this Act. The completion of the
community service shall be under the supervision and rehabilitative surveillance of the
Board during the period required by the court. Thereafter, the Board shall render a report
on the manner of compliance of said community service. The court in its discretion may
require extension of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and
64 of this Act.
If the sentence promulgated by the court requires imprisonment, the period spent in the
Center by the accused during the suspended sentence period shall be deducted from the
sentence to be served.

SECTION 42, RA 9344

SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it
shall have convicted and sentenced a child in conflict with the law, and upon application
at any time, place the child on probation in lieu of service of his/her sentence taking into
account the best interest of the child. For this purpose, Section 4 of Presidential Decree
No. 968, otherwise known as the "Probation Law of 1976", is hereby amended
accordingly.

RESOLUTION NO. OT-11-02-12

AMENDMENTS TO THE EXISTING RULES ON PAROLE AND THE EXISTING
AMENDED GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY
Pursuant to Act No. 4103, otherwise known as "The Indeterminate Sentence Law", as
amended by, among others, Sec. 21 Title III, Book IV of Executive Order No. 292 dated
July 25, 1987, otherwise known as "The Administrative Code of 1987", and in order to
facilitate a more comprehensive, meaningful and expeditious grant of parole and
executive clemency, with the view towards advancing the principles of restorative justice
and the preservation of human life, the following amendments to the existing Rules on
the Grant of Parole (The "Rules") and the existing Guidelines for Recommending
Executive Clemency (The "Guidelines") are hereby adopted, to wit:
I.AMENDMENTS TO THE RULES ON PAROLE
I.a. Rule 3.4 of the Rules is hereby amended, as follows:
"RULE 3.4. Presentation to Probation and Parole Officer. — Within the period
prescribed in his Release Document, the parolee shall present himself to the Probation
and Parole Officer specified in the Release Document for supervision.
"If the parolee fails to report within FIFTEEN (15) days from the date of his release from
confinement, the Probation and Parole Officer shall inform the Board of such failure for
the Board's appropriate action."
I.b. Rule 3.5 is hereby amended, as follows:
"RULE 3.5. Arrival Report. — WHEN THE PAROLEE REPORTS FOR SUPERVISION, the
Probation and Parole Officer concerned shall IMMEDIATELY inform the Board, through the
Technical Service of the Parole and Probation Administration, of such fact BY SUBMITTING
THE NECESSARY ARRIVAL REPORT." DEICHc
I.c. Rule 3.8 is hereby amended, as follows:
"RULE 3.8. Transfer of Residence. — A parolee may not transfer from the place of
residence designated in his Release Document without the prior written approval of
EITHER the Regional Director OR THE ADMINISTRATOR, subject to the confirmation of the
Board."
 I.d. As a result of the immediately preceding amendment, Rule 1.2, Definition
of Terms, shall be amended as well by inserting a new subparagraph (a),which
shall read thus:
"a." ADMINISTRATOR" REFERS TO THE ADMINISTRATOR OF THE PAROLE AND
PROBATION ADMINISTRATION;"
I.e. Rule 3.12 is hereby amended, as follows:
"RULE 3.12. Reports. — The Probation and Parole Officer concerned shall submit the
following reports to the Board:
"a. A "Progress Report" on the conduct of the parolee while under supervision;
"b. A "Status Report" WHEN A PAROLEE COMMITS ANOTHER OFFENSE DURING THE
PERIOD OF HIS PAROLE SUPERVISION AND THE CASE FILED AGAINST HIM HAS NOT YET
BEEN DECIDED BY THE COURT;
"c. An Infraction Report when the parolee has been subsequently convicted of another
crime;
"d. A Violation Report when a parolee commits any violation of the terms and
conditions appearing in his Release Document or any serious deviation or non-
observance of the obligations set forth in the parole supervision program."

I.f. The heading of Rule 3.15 shall be amended, as follows:

"RULE 3.15. Withdrawal/Cancellation of Release Document. — The Board may
withdraw/cancel the Release Document if it finds that material information given by the
parolee to the Board, either before or after release, was false, or incomplete or that the
parolee had willfully or maliciously concealed material information from the Board."
I.g. Rule 3.19 is hereby amended, as follows:
RULE 3.19. Transmittal of Certificate of Final Release and Discharge. — The
Board shall forward a certified true copy of the Certificate of Final Release and Discharge
to the parolee, the Court which imposed the sentence, the Probation and Parole Officer
concerned, THROUGH THE TECHNICAL SERVICE, the Bureau of Corrections, the National
Bureau of Investigation, the Philippine National Police and the Office of the President.
II. AMENDMENTS TO THE GUIDELINES FOR RECOMMENDING EXECUTIVE
CLEMENCY
II.a. Subparagraphs (b),(d) and (e) of Section 3 shall be deleted, and the rest shall be re-
numbered accordingly, to wit:
"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. Evidence which the court failed to consider, before conviction, which would have
justified an acquittal of the accused;
"c. WHEN AN INMATE SUFFERS 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 UNDER OATH by a physician of the Bureau
of Corrections Hospital and certified under oath by a physician designated by the
Department of Health;
"d. Alien inmates where diplomatic considerations and amity among nations necessitates
review; and
"e. Such other similar or analogous circumstances whenever the interest of justice will be
served thereby."
II.b. Section 4 of the Guidelines shall be amended by adding the following
paragraph at the end:
"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;
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; a
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;
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. (As amended by Board Resolution No. 24-4-10 dated April 13, 2010).
B. For Conditional Pardon, an inmate should have served at least one-half (1/2) of the
maximum of the original indeterminate and/or definite prison term. (As amended by
Board Resolution No. 24-4-10 dated April 13, 2010).
"COMPLIANCE WITH THE ABOVE-MENTIONED PERIODS OF IMPRISONMENT SHALL BE
WITHOUT PREJUDICE TO THE RESULTS OF PUBLICATION, COMMUNITY INTERVIEW, PRE-
EXECUTIVE CLEMENCY INVESTIGATION REPORT, INSTITUTIONAL CONDUCT, NBI RECORDS
CHECK, PSYCHOLOGICAL TEST, NOTICES, COMMENTS FROM THE VICTIM OR VICTIM'S
RELATIVES, COURT CERTIFICATIONS OF THE NON-EXISTENCE OF ANY RECORD OF
PENDING APPEAL OR CASE, AND OTHER PERTINENT DOCUMENTS AND
FACTORS." HCDAac
II.c. Section 20 of the Guidelines shall be amended to read, as follows:
"Section 20. Implementation of President's Grant of Executive Clemency. —
FROM THE OFFICE OF THE PRESIDENT, THE DOCUMENT EVIDENCING THE PRESIDENT'S
GRANT OF EXECUTIVE CLEMENCY SHALL BE SENT TO THE PRISONER, THROUGH THE
DIRECTOR OF THE BUREAU OF CORRECTIONS OR THE WARDEN OF THE JAIL WHERE THE
PRISONER IS CONFINED, COPY OF WHICH SHALL BE FURNISHED THE BOARD.
"UPON RECEIPT, THE DIRECTOR OR WARDEN SHALL IMMEDIATELY IMPLEMENT THE
GRANT OF EXECUTIVE CLEMENCY."
II.d. Section 21 of the Guidelines shall be amended to read, as follows:
Section 21. Certificate of Release. — In case of grant of pardon, the Director or
Warden shall, on the date of release:
1. READ TO THE PRISONER THE CONDITIONS OF PARDON IN THE LANGUAGE OR DIALECT
KNOWN TO HIM OR HER;
2. MAKE KNOWN TO THE PRISONER THE CONSEQUENCES OF VIOLATING SUCH
CONDITIONS; AND
3. REQUIRE THE PRISONER TO ACKNOWLEDGE ACCEPTANCE OF SUCH CONDITIONS AS A
PRE-REQUISITE TO ACTUAL RELEASE.
"ONCE ACCEPTED, THE DIRECTOR OR WARDEN SHALL ISSUE IN FAVOR OF THE PRISONER
A "CERTIFICATE OF DISCHARGE FROM PRISON",WHICH SHALL INCLUDE A RECITAL OF THE
CONDITIONS OF THE GRANT OF PARDON AND THE CONSEQUENCES OF NON-
COMPLIANCE THEREWITH, A COPY OF WHICH SHALL BE FURNISHED THE BOARD."
III.e. Sections 22, 23, 25 up to 29 and 31 shall be amended by replacing the
term "PRISONER" appearing therein with "PARDONEE":
"Section 22. Monitoring of Compliance with Conditions of Pardon. — Where the
President grants conditional pardon to a PARDONEE, the Board shall monitor the
PARDONEE'S compliance with the conditions imposed for the duration of the period
stated in the document evidencing the President's grant of executive clemency. The
Board shall also determine whether said PARDONEE has complied with or violated the
conditions of his pardon.
To assist the Board in monitoring compliance with the conditions imposed upon the
PARDONEE, the Board shall place the PARDONEE under the supervision of a Probation
and Parole Officer.
Section 23. Presentation to Probation and Parole Officer. — Within the period
prescribed in the document evidencing the President's grant of executive clemency, the
PARDONEE shall present himself to the Probation and Parole Officer concerned. The
Probation and Parole Officer shall inform the Board if the PARDONEE fails to report within
FIFTEEN (15) days from the date of his release from confinement.
Section 25. Infraction and Progress Report. — If a PARDONEE violates any of the
conditions of his pardon or seriously deviates from the obligations imposed under the
supervision program or otherwise commits another offense during the period of his
supervision, the Probation and Parole Officer concerned shall immediately report the
same to the Board and shall periodically submit a Progress Report as regards the case
filed against him.
Section 26. Recommendation for Arrest of Pardonee for Violation of Conditions
of Pardon. — Upon determination that a PARDONEE has violated the conditions thereof,
the Board shall recommend to the President his arrest or recommitment.
Section 27. Summary Report. — Upon the expiration of the period stated in the
document evidencing the President's grant of executive clemency, the Probation and
Parole Officer concerned shall submit to the Board, through the Chief Probation and
Parole Officer, a Summary Report on his supervision of the PARDONEE.
The clearances from the police, court, prosecutor's office and barangay officials shall be
attached to the Summary Report.
Section 28. Certificate of Final Release and Discharge. — Upon receipt of the
Summary Report, the Board shall, upon the recommendation of the Chief Probation and
Parole Officer that the PARDONEE has complied with all the conditions of his pardon,
issue a Certificate of Final Release and Discharge.
Section 29. Transmittal of` Certificate of Final Release and Discharge. — The
Board shall forward a certified true copy of the Certificate of Final Release and Discharge
to the PARDONEE, the Probation and Parole Officer concerned, through the Technical
Service of the Parole and Probation Administration, the Court which imposed the
sentence, the Bureau of Corrections, the National Bureau of Investigation, the Philippine
National Police, and the Office of the President.
Section 31. Death of Pardonee Under Supervision. — If a PARDONEE dies during
the period of supervision, the Probation and Parole Officer shall immediately transmit a
certified true copy of the PARDONEE'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 PARDONEE resided shall suffice."
The foregoing amendments of the Rules and the Guidelines shall take effect upon
approval by the Secretary of Justice and after the lapse of fifteen (15) days following its
publication in a newspaper of general circulation. Let copies of this Resolution be sent to
the Office of the President through the Executive Secretary, to the Bureau of Corrections
and to the University of the Philippines Law Center.
Done in Quezon City, this 9th day of February 2012.
(SGD.) NATIVIDAD G. DIZONChairman of the Board
(SGD.) ARTEMIO C. ASPIRASMember
(SGD.) RAMON A. BARCELONAMember
(SGD.) JIMMY T. GIRONMember
(SGD.) ALEJANDRO M. VILLAMILMember
(SGD.) MANUEL G. COEx-Officio Member
(SGD.) JOSEFINA M. SANTOSMember
(SGD.) PERLITA J. TRIA TIRONAMember
APPROVED by:
(SGD.) LEILA M. DE LIMASecretary of Justice
ATTESTED by:
(SGD.) REYNALDO G. BAYANGExecutive Secretary of the Board

Published in The Philippine Star on April 3, 2012.

 RESOLUTION NO. 24-4-10, April 13, 2010
AMENDING AND REPEALING CERTAIN RULES AND SECTIONS OF THE RULES ON
PAROLE AND AMENDED GUIDELINES FOR RECOMMENDING EXECUTIVE
CLEMENCY OF THE 2006 REVISED 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, commutations and pardons, and remit fines and forfeitures, after conviction by
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 violation 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 executory;

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 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, Paragraphs 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 10, notices to the prosecutor and convicting judge are no
longer necessary since, as pillars of the criminal justice system, they have done their
part and have lost jurisdiction over the case;

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

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

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;
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;

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;
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 (½) 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 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 cases, the
Board shall explain the reason for the waiver of such publication in the Board resolution
recommending executive clemency.”
X. This Resolution shall take effect upon approval by the Secretary of Justice and fifteen
(15) days after its publication in a newspaper of general circulation. Let copies of this
Resolution be likewise sent to the Office of the President through the Executive
Secretary, and the University of the Philippines (UP) Law Center.

Adopted: 13 April 2010

Acts No. 4103

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
FUNDS THEREFOR; AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in
Legislature assembled and by the authority of the same:

SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by acts of

the Philippine Legislature, otherwise than by the Revised Penal Code, the court shall
order the accused to be imprisoned for a minimum term, which shall not be less than the
minimum term of imprisonment provided by law for the offense, and for a maximum
term which shall not exceed the maximum fixed by law; and where the offense is
punished by the Revised Penal Code, or amendments thereto, the court shall sentence
the accused to such maximum as may, in view of attending circumstances, be properly
imposed under the present rules of the said Code, and to a minimum which shall not be
less than the minimum imprisonment period of the penalty next lower to that prescribed
by said Code for the offense. Except as provided in section two hereof, any person who
shall have been so convicted and sentenced and shall have served the minimum
sentence imposed hereunder, may be released on parole in accordance with the
provisions of this Act.

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, sedition or espionage; to
those convicted of piracy; to those who are habitual delinquents; to those who shall 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; nor to those already
sentenced by final judgment at the time of approval of this Act except as provided in
section five hereof.

SEC. 3. There is hereby created a Board of Indeterminate Sentence to be composed of

the Secretary of Justice, who shall be its chairman, and four members to be appointed by
the Governor-General, with the advice and consent of the Philippine Senate, upon this
Act taking effect, and thereafter at the beginning of each Legislature: 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 or experience. At least one
member of the Board shall be a woman. The members of the Board shall be subject to
removal at the will of the Governor-General, and 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 member.

SEC. 4. The Board shall adopt rules and regulations for its meetings and procedure. Each
member shall be entitled to receive as compensation ten pesos for each meeting, not
exceeding one thousand pesos annually, notwithstanding the provisions of section two
hundred and fifty-nine of the Revised Administrative Code, and in addition thereto actual
and necessary traveling expenses in the performance of duties.

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, and 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 two hereof, and been sentenced for more
than one year by final judgment prior to the date on which this Act shall take effect, and
shall make recommendations 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 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.

SEC. 8. Any prisoner released on parole from confinement by virtue of this Act who shall
violate any of the conditions of his parole, or shall violate any law of the Philippine
Islands during the period of surveillance and be convicted thereof by a competent court,
shall be subject to re-arrest and confinement, and 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. In carrying out the provisions of this section, there shall be followed, as
far as might be applicable, the procedure prescribed in sections four and five of Act
Numbered Fifteen hundred and twenty-four.

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 sixty-four (i) of the Revised Administrative
Code or the Act of Congress approved August twenty-nine, nineteen hundred and sixteen
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 one thousand seven hundred and
fifty-one of the Revised Administrative Code.

SEC. 11. The sum of twenty-five thousand pesos is hereby appropriated out of any funds
in the Insular Treasury, not otherwise appropriated, for the purpose of carrying out the
provisions of this Act, to be disbursed by the Secretary of Justice.

SEC. 12. This Act shall take effect upon its approval.

Approved, December 5, 1933.

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, is hereby further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of
imprisonment. – Offenders or accused who have undergone preventive imprisonment
shall be credited in the service of their sentence consisting of deprivation of liberty, with
the full time during which they have undergone preventive imprisonment if the detention
prisoner agrees voluntarily in writing after being informed of the effects thereof and with
the assistance of counsel to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:
"1. When they are recidivists, or have been convicted previously twice or more times of
any crime; and
"2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
"If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and
shall be credited in the service of his sentence with four-fifths of the time during which
he has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.
"Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to
the continuation of the trial thereof or the proceeding on appeal, if the same is under
review. Computation of preventive imprisonment for purposes of immediate release
under this paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio order the rearrest of the
accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons
charged with heinous crimes are excluded from the coverage of this Act. In case the
maximum penalty to which the accused may be sentenced is lestierro, he shall be
released after thirty (30) days of preventive imprisonment."
Section 2. Article 94 of the same Act is hereby further amended to read as
follows:
"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished
partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence."
Section 3. Article 97 of the same Act is hereby further amended to read as
follows:
"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified
for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any
convicted prisoner in any penal institution, rehabilitation or detention center or any other
local jail shall entitle him to the following deductions from the period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty
days for each month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behavior during
detention;
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and
"5. At any time during the period of imprisonment, he shall be allowed another deduction
of fifteen days, in addition to numbers one to four hereof, for each month of study,
teaching or mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct."
Section 4. Article 98 of the same Act is hereby further amended to read as
follows:
"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period
of his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the period of his sentence shall be
granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of
this Code.
"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."
Section 5. Article 99 of the same Act is hereby further amended to read as
follows:"
"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of
the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology
and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for
good conduct. Such allowances once granted shall not be revoked."
Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be
imposed against any public officer or employee who violates the provisions of this Act.
Section 7. Implementing Rules and Regulations. – The Secretary of the Department
of Justice (DOJ) and the Secretary of the Department of the Interior and Local
Government (DILG) shall within sixty (60) days from the approval of this Act, promulgate
rules and regulations on the classification system for good conduct and time allowances,
as may be necessary, to implement the provisions of this Act.
Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional,
the remainder of the provisions not otherwise affected shall remain valid and subsisting.
Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.
Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general circulation.
Approved,
 (Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.
President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was
finally passed by the Senate and the House of Representatives on November 5, 2012 and
January 28, 2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
 REPUBLIC ACT NO. 11362
AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF
IMPRISONMENT FOR THE PENALTIES OF ARRESTO MENOR AND ARRESTO
MAYOR, AMENDING FOR THE PURPOSE CHAPTER 5, TITLE 3, BOOK 1 OF ACT NO.
3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE"
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Community Service Act."
Section 2. Policy. - It is the policy of the State to promote restorative justice and
decongest jails by authorizing the court in its discretion to require community service in
lieu of service in jail for offenses punishable by arresto menor and arresto mayor.
Section 3. Community Service. - Article 88a of the Act No. 3815 is hereby inserted to
read as follows:
"ART. 88a. Community Service. - The court in the discretion may, in lieu of service in jail,
require that the penalties of arresto menor and arresto mayor may be served by the
defendant by rendering community service in the place where the crime was committed,
under such terms as the court shall determine, taking into consideration the gravity of
offense and the circumstances of the case, which shall be under the supervision of a
probation officer: Provided, That the court will prepare an order imposing the community
service, specifying the number of hours to be worked and the period within which to
complete the service. The order is then referred to the assigned probation officer who
shall have responsibility of the defendant.
"The defendant shall likewise be required to undergo rehabilitative counseling under the
social welfare and development office of the city or municipality concerned with the
assistance of the Department of Social Welfare and Development (DSWD). In requiring
community service, the court shall consider the welfare of the society and the
reasonable probability that the person sentenced shall not violate the law while
rendering a public service.
"Community service shall consist of any actual physical activity which inculcates civic
consciousness, and is intended towards the improvement of a public work or promotion
of a public service.
"If the defendant violates the terms of the community service, the court shall order
his/her re-arrest and the defendant shall serve the full term of the penalty, as the case
may be, in jail, or in the house of the defendant as provided under Article 88. However, if
the defendant has fully complied with the terms of the community service, the court
shall order the release of the defendant unless detained for some other offenses.
"The privilege of rendering community service in lieu of service in jail shall be availed of
only once."
Section 4. Implementing Rules and Regulations. - The Department of Justice (DOJ)
and the DSWD shall issue the rules and regulations to implement the provisions of this
Act within ninety (90) days from the effectivity of this Act.
Section 5. Repealing Clause. - Chapter 5, Title 3, Book I of the Revised Penal Code is
hereby amended and all laws, decrees, orders, rules and regulations, or other issuances
or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 6. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.
Section 7. Effectivity. - This Act shall take effect fifteen (15) days following the
completion of its publication either in the Official Gazette or in a newspapers of general
circulation in the Philippines.
Approved,

(SGD.) GLORIA MACAPAGAL-ARROYO (SGD.) VICENTE C. SOTTO III

Speaker of the House of Representatives President of the Senate

This Act was passed by the Senate of the Philippines as Senate Bill No. 2195 on June 3,
2019 and adopted by the House of Representatives as an amendment to House Bill No.
335 on June 3, 2019.

(SGD.) DANTE ROBERTO P. MALING (SGD.) MYRA MARIE D.

Acting Secretary General House of VILLARICA
Representatives Secretary of the Senate

Approved: AUG 08 2019

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines
 REPUBLIC ACT No. 10389
AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE
RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL
CASE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. – This Act shall be known as the "Recognizance Act of 2012″.
Section 2. Statement of Policy. – It is the declared policy of the State to promote
social justice in all phases of national development, including the promotion of
restorative justice as a means to address the problems confronting the criminal justice
system such as protracted trials, prolonged resolution of cases, lack of legal
representation, lack of judges, inability to post bail bond, congestion in jails, and lack of
opportunity to reform and rehabilitate offenders. In consonance with the principle of
presumption of innocence, the 1987 Philippine Constitution recognizes and guarantees
the right to bail or to be released on recognizance as may be provided by law. In
furtherance of this policy, the right of persons, except those charged with crimes
punishable by death, reclusion perpetua, or life imprisonment, to be released on
recognizance before conviction by the Regional Trial Court, irrespective of whether the
case was originally filed in or appealed to it, upon compliance with the requirements of
this Act, is hereby affirmed, recognized and guaranteed.
Section 3. Recognizance Defined. – Recognizance is a mode of securing the release
of any person in custody or detention for the commission of an offense who is unable to
post bail due to abject poverty. The court where the case of such person has been filed
shall allow the release of the accused on recognizance as provided herein, to the custody
of a qualified member of the barangay, city or municipality where the accused resides.
Section 4. Duty of the Courts. – For purposes of stability and uniformity, the courts
shall use their discretion, in determining whether an accused should be deemed an
indigent even if the salary and property requirements are not met. The courts may also
consider the capacity of the accused to support not just himself/herself but also his/her
family or other people who are dependent on him/her for support and subsistence.
Other relevant factors and conditions demonstrating the financial incapacity of the
accused at the time that he/she is facing charges in court may also be considered by the
courts for the purpose of covering as many individuals belonging to the marginalized and
poor sectors of society.
Section 5. Release on Recognizance as a Matter of Right Guaranteed by the
Constitution. – The release on recognizance of any person in custody or detention for
the commission of an offense is a matter of right when the offense is not punishable by
death, reclusion perpetua, or life imprisonment: Provided, That the accused or any
person on behalf of the accused files the application for such:
(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities and Municipal Circuit Trial Court; and
(b) Before conviction by the Regional Trial Court: Provided, further, That a person in
custody for a period equal to or more than the minimum of the principal penalty
prescribed for the offense charged, without application of the Indeterminate Sentence
Law, or any modifying circumstance, shall be released on the person’s recognizance.
Section 6. Requirements. – The competent court where a criminal case has been filed
against a person covered under this Act shall, upon motion, order the release of the
detained person on recognizance to a qualified custodian: Provided, That all of the
following requirements are complied with:
(a) A sworn declaration by the person in custody of his/her indigency or incapacity either
to post a cash bail or proffer any personal or real property acceptable as sufficient
sureties for a bail bond;
(b) A certification issued by the head of the social welfare and development office of the
municipality or city where the accused actually resides, that the accused is indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian where the accused resides of
the application for recognizance. The sanggunian shall include in its agenda the notice
from the court upon receipt and act on the request for comments or opposition to the
application within ten (10) days from receipt of the notice. The action of the sanggunian
shall be in the form of a resolution, and shall be duly approved by the mayor, and subject
to the following conditions:
(1) Any motion for the adoption of a resolution for the purpose of this Act duly made
before the sanggunian shall he considered as an urgent matter and shall take
precedence over any other business thereof: Provided, That a special session shall be
called to consider such proposed resolution if necessary;
The resolution of the sanggunian shall include in its resolution a list of recommended
organizations from whose members the court may appoint a custodian.
(2) The presiding officer of the sanggunian shall ensure that its secretary shall submit
any resolution adopted under this Act within twenty-four (24) hours from its passage to
the mayor who shall act on it within the same period of time from receipt thereof;
(3) If the mayor or any person acting as such, pursuant to law, fails to act on the said
resolution within twenty-four (24) hours from receipt thereof, the same shall be deemed
to have been acted upon favorably by the mayor;
(4) If the mayor or any person acting as such, pursuant to law, disapproves the
resolution, the resolution shall be returned within twenty-four (24) hours from
disapproval thereof to the sanggunian presiding officer or secretary who shall be
responsible in informing every member thereof that the sanggunian shall meet in special
session within twenty-four (24) hours from receipt of the veto for the sole purpose of
considering to override the veto made by the mayor.
For the purpose of this Act, the resolution of the sanggunian of the municipality or city
shall be considered final and not subject to the review of the Sangguniang Panlalawigan,
a copy of which shall be forwarded to the trial court within three (3) days from date of
resolution.
(e) The accused shall be properly documented, through such processes as, but not
limited to, photographic image reproduction of all sides of the face and
fingerprinting: Provided, That the costs involved for the purpose of this subsection shall
be shouldered by the municipality or city that sought the release of the accused as
provided herein, chargeable to the mandatory five percent (5%) calamity fund in its
budget or to any other available fund in its treasury; and
(f) The court shall notify the public prosecutor of the date of hearing therefor within
twenty-four (24) hours from the filing of the application for release on recognizance in
favor of the accused: Provided, That such hearing shall be held not earlier than twenty-
four (24) hours nor later than forty-eight (48) hours from the receipt of notice by the
prosecutor: Provided, further, That during said hearing, the prosecutor shall be ready to
submit the recommendations regarding the application made under this Act, wherein no
motion for postponement shall be entertained.
Section 7. Disqualifications for Release on Recognizance. – Any of the following
circumstances shall be a valid ground for the court to disqualify an accused from availing
of the benefits provided herein:
(a) The accused bad made untruthful statements in his/her sworn affidavit prescribed
under Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a
crime aggravated by the circumstance of reiteration;
(c) The accused had been found to have previously escaped from legal confinement,
evaded sentence or has violated the conditions of bail or release on recognizance
without valid justification;
(d) The accused had previously committed a crime while on probation, parole or under
conditional pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding his/her
case indicate the probability of flight if released on recognizance;
(f) There is a great risk that the accused may commit another crime during the pendency
of the case; and
(g) The accused has a pending criminal case which has the same or higher penalty to the
new crime he/she is being accused of.1âwphi1
Section 8. Qualifications of the Custodian of the Person Released on
Recognizance. – Except in cases of children in conflict with the law as provided under
Republic Act No. 9344, the custodian of the person released on recognizance must have
the following qualifications:
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of consanguinity or
affinity; and
(d) Must belong to any of the following sectors and institutions: church, academe, social
welfare, health sector, cause-oriented groups, charitable organizations or organizations
engaged in the rehabilitation of offenders duly accredited by the local social welfare and
development officer.
If no person in the barangay where the applicant resides belongs to any of the sectors
and institutions listed under paragraph (d) above, the custodian of the person released
on recognizance may be from the qualified residents of the city or municipality where the
applicant resides.
Section 9. Duty of the Custodian. – The custodian shall undertake to guarantee the
appearance of the accused whenever required by the court. The custodian shall be
required to execute an undertaking before the court to produce the accused whenever
required. The said undertaking shall be part of the application for recognizance. The
court shall duly notify, within a reasonable period of time, the custodian whenever the
presence of the accussed is required. A penalty of six (6) months to two (2) years
imprisonment shall be imposed upon the custodian who failed to deliver or produce the
accused before the court, upon due notice, without justifiable reason.
Section 10. Role of the Probation Officer. – Upon release of the person on
recognizance to the custodian, the court shall issue an order directing the Probation
Office concerned to monitor and evaluate the activities of such person. The Probation
Office concerned shall submit a written report containing its findings and
recommendations on the activities of the person released on recognizance on a monthly
basis to determine whether or not the conditions for his/her release have been complied
with. The prosecution including the private complainant, if any, shall be given a copy of
such report.
Section 11. Arrest of a Person Released on Recognizance. – The court shall order
the arrest of the accused, who shall forthwith be placed under detention, due to any of
the following circumstances:
(a) If it finds meritorious a manifestation made under oath by any person after a
summary healing, giving the accused an opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever required by the
abovementioned court or any other competent court without justification, despite due
notice;
(c) If the accused is the subject of a complaint for the commission of another offense
involving moral turpitude and the public prosecutor or the mayor in the area where the
offense is committed recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of harassment such as, but not
limited to, stalking, intimidating or otherwise vexing private complainant, prosecutor or
witnesses in the case pending against the accused: Provided, That upon the issuance by
the court of such order, the accused shall likewise become the proper subject of a
citizen’s arrest pursuant to the Rules of Court.
Section 12. No Release on Recognizance After Final Judgment or
Commencement of Sentence; Exception. – The benefits provided under this Act shall
not be allowed in favor of an accused after the judgment has become final or when the
accused has started serving the sentence: Provided, That this prohibition shall not apply
to an accused who is entitled to the benefits of the Probation Law if the application for
probation is made before the convict starts serving the sentence imposed, in which case,
the court shall allow the release on recognizance of the convict to the custody of a
qualified member of the barangay, city or municipality where the accused actually
resides.
Section 13. Separability Clause. – If any provision of this Act or the application of
such provision to any person or circumstance is declared invalid, the remainder of this
Act or the application of such provision to other persons or circumstances shall not be
affected by such declaration.
Section 14. Repealing Clause. – All laws, decrees and orders or parts thereof
inconsistent herewith are deemed repealed or modified accordingly, unless the same are
more beneficial to the accused.
Section 15. Effectivity. – This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of
Representatives

This Act which originated in the House of Representatives was finally passed by the
House of Representatives and the Senate on December 19, 2012 and December 10,
2012, respectively.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of Senate Secretary General
House of Representatives
Approved: MAR 14 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines