Correctional Administration 2

Bonn G. Pagaduan
NON-INSTITUTIONAL CORRECTION
INTRODUCTION
Some Basic Terminologies
Non-Institutional Corrections
- Take charge of correcting offender through community based-
program such as probation, suspended sentence for the first-time minor
offenders, parole and conditional pardon.
- Subfield of corrections in which offenders are supervised and
provided services outside jail or prison.
- Methods of correcting sentenced offenders without having to go to
prison.
- An approach to punishment that stresses reintegration of the offender
into the community through the use of local facilities.
- Community based correction programs which began in the 1970’s,
Community Corrections
Community - is defined as the people who
reside in a locality in more or less proximity. A
society or body of people living in the same
place, under the same laws and regulations,
who have common rights, privileges, or interest.
It connotes a congeries of common interest
arising from associations-social, business,
religious, governmental, scholastic and
recreational.
 - also refers to institutions, government, and non-
government agencies and people’s organizations that
provide care and assistance to the victims or offended
party, during and after the onset of a victims’ right case.
The community has a significant role to assume in all
the phases of judicial involvement of offender as well as
the protection process: the prevention of abuse, cruelty,
discrimination and exploitation, assistance of the
offenders who enter the criminal justice system and the
acceptance of the offenders upon his reintegration into
the community , after he goes out of the correctional.
 - is a group of people living together in a certain place.
The people living in there have common interest,
dreams, belief and customs. The people living in the
community depend on each other. They have basic needs
to meet which could be either physical or spiritual. The
laws in the community promote justice. However, let
every individual should be given equal protection of the
laws. Let us remember that when people are treated
fairly and equally there will be peace and order in the
community. Actually, the laws when fairly carried out will
bring about peace and order as well as justice in the
community
 Corrections - in its simplest meaning is the
punishment and treatment of a criminal offender
through a program of imprisonment, parole,
probation and other services of supervision.
- is that portion of criminal justice system charge
with carrying out sentences of our courts. It is one of
the five key components of the criminal justice
system and, itself, consist of several components. In
other words, corrections refer to the programs,
services, agencies and institutions responsible for
supervising person charge with or convicted of crime.
Correction
- Correction is the branch of the administration of CJS
charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders. It is
also defined as the study of jail or prison
management and administration as well as the
rehabilitation and reformation of criminals. Further, it is
defined as a generic term that includes all government
agencies, facilities, programs, procedures, personnel, and
techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of
alleged offenders.
- is a synonymous with rehabilitation, a
concept that rejects punishment for its
own sake and for what it may do in
dissuading people from committing crime,
It looks upon the task of the government
as being to rehabilitate, reform, treat, cure
or correct the law breaker, changing him
into a law-abiding citizen or resident of the
country.
 - involve the punishment, treatment, and incapacitation of
convicted criminal offenders. Thus, we defined "Correctional
services" to include all of those activities designed for the
purpose of controlling, managing, counseling, treating, and
processing juvenile and adult persons placed in custody or
under official supervision after having been charged with or
found guilty of delinquent or criminal acts. These functions
include detention halls for juveniles, common jails,
correctional schools, reformatories, for juveniles, common
jails, correctional schools, reformatories, prisons, probation
and parole services, and any other programs by whatever
name which has like purposes.
Rehabilitation
- simply means the return to a former
existence or achievement. It evokes a sense of
restoration or reinstatement. The concept has a
certain limited utility in describing a once law-
abiding individual who, for one reason or
another, deviated from his usual practices into
criminal behavior. The goal with such individual
would logically be to restore him to his former
state of existence.
 - refers to the dynamic process, including
after-care and follow-up treatment, directed
towards the physical, emotional/psychological,
vocational, social and spiritual change or
enhancement of a child drug dependent to
enable him/her to live without dangerous drugs,
enjoy the fullest life compatible with the child's
capabilities and potentials and enables him/her
to become a law-abiding and productive
member of the community
Rehabilitation and Reintegration
All correctional programs attempt in
some way to protect the community and
provide the right amount of punishment.
Community-based correctional programs
and policies make reference to
rehabilitation and reintegration:
 1. Rehabilitation simply means the return
to a former achievement. It evokes a sense
of restoration or reinstatement. The concept
has a certain limited utility in describing a
once law. abiding individual who, for one
reason or another, deviated from his usual
practices into criminal behavior. The goal
with such individual would logically be to
restore him to his former state of existence.
 2. Reintegration is the process, which promotes or
facilitates the acceptance of the offender back to the
community. It is the healing of the victim's and the
community's wounds that was inflicted on them by
the offense. Reintegration, the replacement of the
individual in the community and the
reestablishment of community ties, required a
community-based effort. Reintegration strategies try
to improve the positive fit between the offender and
the community in terms of work, family, and social
connection.
Requirement of Reintegration
To achieve the objective of reintegration, community-based correctional
programs must meet the following requirement:

a. A location within the integration with a meaningful community. A meaningful

community may be defined as an environment that offers opportunities that fit the
offender’s need. Generally, the offender's home community or environment similar
to the one in which the offender will eventually live will be appreciate.
b. A nonsecure environment-a setting with a minimum of physical restrictions.
c. Community-based education, training, counseling, and support services.
d. Opportunities to assume the normal social roles of citizen, family member,
student, or employee.
e. Opportunities for personal growth and change.
Community Corrections includes

o Diversion
o Restitution
o Probation
o Parole
o Halfway houses- a center for helping former drug addicts,
prisoners, psychiatric patients, or others to adjust to life in
general society.
Significance of Community-Based Corrections

a. Humanitarian- to avoid inhumane treatment, physical

jeopardy and loss of self-worth
b. Restorative Significance- to achieve an integrated, non-
criminal position for the offender in the community.
c. Managerial Significance- there is a significant difference in
the cost of custody and those of community-based correction
programs
Goal of Corrections

The ultimate goal of corrections is to make the

community safer by reducing the incidence of crime.
Rehabilitation of offenders to prevent their returning to
crime is in general the most promising way to achieve this
end. Varying degrees and periods of incarceration are the
most appropriate way to deal with some offenders. and
efforts must be made to screen out such persons and
treat them accordingly.
Chapter I

Nature of Community Corrections

Community corrections is a term covering a wide variety types of punishment

imposed without removal of the offender from his area of residence and
employment, if any. The root of community corrections is supervision in the
community.
Modern community correctional programs are invariably "soft on crime," they
focus too much on rehabilitation, to the exclusion of punishment, deterrence, and
incapacitation. Community corrections mean the subfield of corrections in which
offenders are supervised and provided services outside jail or prison. For this
reason, community corrections are sometimes referred to as non-institutional
corrections. Community corrections include such programs as diversion,
restitution, probation, parole, and various provisions for temporary release from
prison or jail.
 Parole and probation have always been a way of
community corrections, but with technological
advancement and considering the psychology of
convicted people, correction programs have widened to
accommodate work releases, day fine programs,
electronic monitoring, home confinement, community
service, half way houses, boot camp prisons, restitution,
check-in programs, mediation, curfews, restorative justice
centers, drug checks, alcohol checks and other methods
where there is a certain level Of trust between the
offenders and the people involved.
Two Elements of Correctional Treatment:
1) Secured Confinement or Institutionalized Corrections; and
2) Community-Based Programs or Non-institutional Corrections

Community-based corrections is the general term used to refer to a

variety of sanctions and non-institutional correctional programs for
criminal offenders. These include:
1) Efforts designed to divert accused offenders from the criminal
justice system or jail prior to prosecution;
2) Sentences and programs that impose restrictions on convicted
offenders while maintaining them in the community; and
3) Efforts designed to smooth the transition of inmates from prison to
freedom.
Goals of Community Corrections Programs
Community corrections programs are integrated sanctioning
strategies which seek to achieve the following goals;

1. The offender is punished and held accountable.

2. Public safety is protected.
3. Victims and local communities receive restitution from felons
who work in their present jobs and/or in restitution programs.
4. Community service work increases.
5. Collection of court cost and fees increases due to contractual
agreements with offenders who remain in their present jobs.
Popularity and Growth of Community-Based Programs
Nationwide is Based on Five (5) Factors:

1. The programs provide closer supervision than regular

probation sentences.
2. Major cost savings compared to full incarceration.
3. Flexibility for judges to sentence to community correction
programs instead of incarceration in a jail or prison.
4. A more gradual reentry into community life after prison or jail
time.
5. Less overcrowding in jails and prisons.
Principal Benefits of Community-Based Corrections
Advocates of community-based corrections argue that the practice is
ethically superior to institutional corrections because it offers several
distinct benefits:

1. Freedom from Incarceration at the Humanist Level - community-based

corrections maintain some semblance of the social qualities of free life.
Community-based programs are not considered total institutions, and
penalties involved are not perceived as "real punishment." After all, they
do not involve high walls, cell blocks, window bars, curfew requirements'
and Other degrading trappings of imprisonment. Furthermore,
community. based programs make every effort to spare offenders the
psychological damage of living under a totalitarian community created
and administered to reinforce inferiority and debasement.
2. Cost Effective at the Utilitarian Level - Study shows
that the cost of incarceration has escalated in recent years
as compared to community-based programs. Because the
offender usually maintains employment while under
supervision, the invisible cost does not accrue. Instead,
the offender usually contributes to his or her upkeep
through taxes, social security, family support, and in some
cases, restitutions to victims. Thus, the general perception
is that while prisons are financial liabilities, community-
based corrections programs are assets.
3. Maintaining Family Relationships at the socio-organic
Level - In contrast to prison, community-based corrections
provide a local base from which the offender continues to
receive support from family members, friends, church
members, and other sources. Furthermore, depending on
the offender's needs, agencies such as drug treatment
centers, and marital and vocational counseling, as well as
religious organizations can all be utilized toward the
person's self-realization. Such services tend to satisfy the
offender's psychological needs, reinforce his or her self-
esteem, and perhaps help purify his or her sinful soul.
Community Corrections Sanctions may include:

1. 24-hour residential programs which provide a structured

living environment for offender who require supervision when
not working or looking for employment.
2. Non-residential drug and alcohol treatment programs.
3. Electronic monitoring of offenders placed on home detention
(offender must wear bracelet that allow parole official to
monitor their movement).
Electronic monitoring in itself is an enforcement mechanism for the practice of house
arrest, a form of intermediate punishment. At present, there are three main systems of
electronic monitoring
a. Active Telecommunication System - consist of a small transmitter, strapped to the
ankle or wrist of the offender, that emits a signal to a receiver-dialer unit connected by
the offender's telephone to a centrally located computer, Provided that the offender
remains within a 150- to 200-foot radius of the receiver-dialer, no interruption in the
signal occurs. If there is an interruption, the receiver-dialer conveys this fact to the
central computer. Such a signal is also transmitted if there is interference with the strap
that attaches the transmitter to the offender. This system provides constant monitoring.
b. Passive System - are slightly different but are still based on the technology of
connecting a telephone and a centrally located computer.
c. Tracking Systems - are considerably different because they are built on radio
technology that has been used to track wild and domestic animals. A transmitter worn
by the offender emits a constant radio signal to a portable receiver in the monitoring
officer's car when he or she is sufficiently close to pick up the signal. The probation or
parole officer can, at any time, locate the offender.
4. Diagnostic evaluation and counseling ordered by the court
as part of a pre-sentence process.
5. Pre-trial intervention which provides close supervision and
support services to selected offenders prior to trial.
6. Community service programs.
7. Day reporting centers where offenders are required to
discuss the progress of their job search and daily activities with
parole officials.
8. Mandatory education programs.
Community-Based Rehabilitation Program for Children in
Conflict with the Law (CICL)

Rehabilitation and Reintegration of CICL

Rehabilitation is the process of rectifying or modifying a child’s

negative attitude and behavior. It enables the child to change
his/her negative behavior into something positive and acceptable
to the community.
Reintegration on the other hand is the process, which promotes
or facilitates the acceptance of the child back to the community. It
is the healing of the victim's and the community's wounds that
was inflicted on them by the offense.
Objectives of Rehabilitation and Reintegration

General Objective: The objective of rehabilitation and

reintegration of children in conflict with the law is to
provide them with interventions, approaches and
strategies that will enable them to improve their social
functioning with the end goal of reintegration to their
families and as productive members of their communities.
Specific Objectives: Specifically, the objectives of the rehabilitation and
reintegration of CICL are the:

1. Provision of protective that substitutes parental care to the CICL;

2. Assistance to the children in gaining insight into their behavior and attitudes and
redirection of counterproductive behavior patterns and anti-social attitudes into
more positive and constructive ones;
3. Enhancement of the children's coping capabilities and trust on others;
4. Provision of opportunities for the children to acquire social and occupational
skills and improved self-image;
5. Facilitation of the disposition of the case in court and the child’s reintegration
with family and community; and
6. Assistance to CICLs through educational intervention in the alternative learning
system. (Rule 71, IRR of RA 9344)
Who may avail of Rehabilitation and Reintegration?

1. Children in conflict with the law (CICL) who undergo diversion

proceedings. (Sec. 41, IRR of RA 9344)
2. CICL, whose sentences are suspended, may upon order of the
court, undergo any or a combination of disposition measures
which are already in place, best suited to the rehabilitation and
welfare of the child as provided in the Supreme Court Rule on
Juvenile in Conflict with the Law. (Sec. 52, RA 9344)
Kinds of Rehabilitation Programs for CICL
1. Community-Based Rehabilitation Program.
Community-Based Programs refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the CICL, for reintegration into
his/her family and/or community. (Sec. 4, RA 9344) Under the supervision and guidance of the local
social welfare and development officer, and in coordination with his/her parents/guardian, the CICL
shall participate in community- based programs, which shall include, but not limited to:

a. Competency and life skills development;

b. Socio-cultural and recreational activities;
c. Community volunteer projects;
d. Leadership training;
e. Social services;
f. Homelife services;
g. Health services;
h. Spiritual enrichment; and
i. Community and family welfare services. (Rule 73.c, IRR of RA 9344)
2. Institutional Rehabilitation. The objective of rehabilitation of CICL in institutions
is to provide care, protection, education and vocational skills, with a view to
assisting them to assume socially constructive and productive roles in society. CICL
who are placed in institutions shall receive care, protection and all necessary
assistance - social, educational, vocational, psychological, medical and physical -
that they may require because of their age, sex, and

Institution is defined as a place outside the child's natural home setting where
persons other than the family exercise control. Residential facilities included
settings where ten persons with similar problems congregated in a specific space.
Institution is a residential facility, or a foster home, that admits children, including
abused or neglected children, under the age of 18, for care, treatment, and/or
training. (U.S.A, Child Abuse Prevention and Treatment Act, P.L. 93-247)
RESTORATIVE JUSTICE AS A REHABILITATION PROGRAM
The first schemes which included elements of 'restorative justice appears to
have developed in the United States in the early 1970s (Marshall 1999). By the mid-
1980s, several small-scale projects were running in the United Kingdom. Some are
entirely pre-sentence option, other use restorative measures in place of a sentence
or as part of a sentence. The extent of direct mediation between the victims and
offenders also varies, as does whether the mediation is restricted to the victim and
offender or extended to include supporters of both parties or even of the wider
community.
The three key features which characterizes a restorative justice approach are:
First, it recognizes that a crime is more than an offense against the state and
that those most affected by it should have a say in the society’s response.
Second, the decision-making process must be deliberative and participatory
with the aim of building consensus while restoring control to the parties most
affected.
Third, the ultimate aim of restorative justice should be to repair the harm done.
Restorative Justice refers to a principle which requires a process of resolving
conflicts with the maximum involvement of the victim, the offender and the
community. It seeks to obtain reparation for the victim; reconciliation of the
offender, the offended and the community; and reassurance to the offender that
he/she can be reintegrated into society. It also enhances public safety by activating
the offender, the victim and the community in prevention strategies.

Restorative Justice is a process through which remorseful offenders accept

responsibility for their misconduct, particularly to their victims and to the
community. It creates obligation to make things right through proactive
involvement of victims, ownership of the offender of the crime and the community
in search for solutions which promote repair, reconciliation and reassurance.
Restorative Justice seeks to use a balanced approached involving offender, victims,
local communities and government in alleviating crime and violence and obtaining
peaceful communities.
The Restorative Justice process is actively participated in by the victim, the
offender, and/or any individual or community member affected by the crime to
resolve conflicts resulting from the criminal offense, often with the help of a fair
and impartial third party. Examples of restorative process include mediation,
conferencing, sentencing/support circle and the like. The restorative outcome is
the agreement obtained as a product of a restorative justice process. Examples of
restorative outcomes include restitution, community work service and any other
program or response designed to accomplish reparation of the victim, and the
reintegration of the victims and/or offenders.
Restorative Justice in some ways builds on the objective of reintegration, but with
an enhanced role for the crime's victim in the process of reparation. Restorative
justice often incorporates a strong emphasis on community protection and
offender accountability, making it somewhat of a re-integrative model for the 90's,
appealing equally to liberal and conservative thinkers alike. When the emphasis on
community safety supersedes the role of the victim in the process of restoration,
the term community justice is often employed.
Restorative Justice in the Philippines
The Commission on Crime Prevention and Criminal Justice, of which the Philippines
is a member-community, through a draft resolution, recommended to the
Economic and Social Council of the United Nations Organization (UNO), the
adoption of the "Basic Principles of the Use of Restorative Justice Programs in
Criminal Matter." The said document is a formulation of UN Standard in the field of
mediation and restorative justice. The Philippines, being a signatory member-
country should ensure adoption of this resolution.
Consequently, the goal of the government is to establish a more enlightened and
humane correctional system that will promote the reformation of offenders and
thereby reduce the incidence of recidivism. This is in line with the applicable laws,
rules and policies mandating the Parole and Probation Administration (P PA) to
administer the Parole and Probation System in the country. As such, the PPA is
empowered to create innovative policies, programs, and activities to facilitate the
reintegration of its clientele into the mainstream of society and consequently
prevent the commission of crime. Therefore, PPA adopts Restorative Justice as one
of its process and aims to achieve restorative outcome.
Effects of Restorative Justice as a Rehabilitation Program
The following are the effects of Restorative Justice as a rehabilitation program of
Parole and Probation Administration (PPA):
1. Reintegration of the offenders to the social mainstream and encouraging them to
assume active responsibility for the injuries inflicted to the victims;
2. Proactive involvement of the community to support and assist in
the rehabilitation of victims and offenders;
3. Attention to the needs of the victims, survivors and other persons affected by the
crime as participating stakeholders in the criminal justice system, rather than mere
objects or passive recipients of services of intervention that may be unwanted,
inappropriate or
ineffective;
4. Healing the effect of the crime or wrongdoing suffered by the respective
stakeholders; and
5. Prevention of further commission of crime and delinquency.
Implementation of the Restorative Justice
The Parole and Probation Administration (PPA) implement the
restorative justice in the following manner:
1. During the Investigation Stage - Information such as victim's version
of the offense, effect or victimization to their lives future and plans, and
victims' appreciation on how the damage/harm inflicted by the crime
can be repaired and healed are gathered to serve as input in the post-
sentence investigation (PSI) or pre-parole/executive clemency
investigation (PPI) reports prepared by the investigating officer to be
submitted to the Court and the Board of Pardons and Parole,
respectively. These data are vital in the conduct of restorative justice
processes during the supervision phase. Soliciting stakeholder's interest
for their introduction to the restorative process commences during this
stage
2. During the Supervision Stage - Restorative Justice Program is a part of the rehabilitation of
the client which is incorporated in the client's Supervision Treatment Plan (STP). In applying the
various restorative justice processes for the client’s rehabilitation, the supervising officer
observes the following points:
a. The parties are brought with the program out of their own volition. Parties have the right to
seek legal advice before and after the restorative justice process:
b. Before agreeing to participate in the restorative justice process, the parties are fully informed
of their rights, the nature of the process, and the possible consequence of their decision;
c. Neither the victim of the tender is induced by unfair means to participate in restorative
justice processes or outcome:
d. Discussion on restorative justice processes should be highly confidential and should not be
disclosed subsequently, except with the consent of the parties, and should not be used against
the parties involved
e. Where no agreement can be made between the parties, the case is withdrawn from the
restorative justice process and
f. In the event agreement is reached by parties, it is put in writing to give substance/essence to
the agreement. The failure to implement any provision of the agreement made is a basis for the
withdrawal of the case from the program.
Roles of the Probation and Parole Officers in the Implementation of Restorative
Justice
1. Probation and Parole Officer - A Probation and Parole Officer assigned to handle
investigation and supervision caseloads acts as restorative justice planner. As such,
he/she undertakes the following responsibilities:
a. Identifies and recommends to the Chief Probation and Parole Officer (CPPO)
potential case for Peacemaking Encounter;
b. Conducts dialogue to explore the possibility of restorative justice process;
c. Coordinates/collaborates with responsible members and leaders of community
for their participation in conference;
d. Serves as facilitator-strength in the conference;
e. Assists in healing process of stakeholders based on the Supervision Treatment
Plan; and
 f. Prepares case notes reflective of restorative justice values and utilizing
the following points:
1) Impact of crime and effect of victimization.
2) Victim inputs and involvement opportunities.
3) Offenders opportunity to take direct responsibility for the harm inflicted
on the victim and/or the community.

2. Chief Probation and Parole Officer (CPPO) - A CPPO engages in the

following
responsibilities:
a. Approves cases for Peace Encounter Conference and issue office orders;
and
b. Implement and monitors plans and agreements achieved during the
conference and sets direction to realize success of the process.
Procedural Safeguards to be Observed in Applying the Restorative
Justice Processes to Resolve Conflicts Arising from the Criminal
Offense
1. The clients must admit the offense to be eligible for the conference,
and if possible, they should be encouraged to take full responsibility;
2. A personal visit by the Restorative Justice planner may be necessary
to solicit interest and willingness to stakeholders to participate in the
restorative process;
3. The victims' preference for the time, date and place of the meeting
should be given greatest weight;
4. Restorative Justice planners should also get in touch with
community strengths to serve as facilitator like the local officials,
members of the Lupon Tagapamayapa or any responsible and
respected personalities in the locality;
5. A pre-conference meeting with the selected facilities prior to the actual conduct of
peace encounter conference should be set to carefully plan for all the details, from the
sitting arrangements and refreshments to the box of tissue papers which incidentally
would let participants know that display of emotions is okay;
6. A pre-conference meeting could likewise be arranged separately with individual
stakeholders to explain the process and other vital details of the conference;
7. The Restorative Justice planner should ensure that everyone knows how to get to the
location site of the conference;
8. Facilitators should ensure that the conference shall be conducted without interruption
in a comfortable location and shall secure the safety of all stakeholders;
9. Stakeholders shall also be consulted relative to the composition of the panel of
facilitators. Any party may move to oppose the inclusion of persons by reason of
relationship bias, interest on other similar grounds that may adversely affected the
process and
10. Indigenous system of setting differences or disputes shall accordingly recognize and
utilized to conform with the customs and tradition of that particular cultural community.
Peacemaking Encounter
Peacemaking Encounter is a community-based gathering that
brings the victim, the victimized community, and the offender
together. It supports the healing process of the victims by
providing a safe and controlled setting for them to meet and
speak with the offender on a confidential and strictly voluntary
basis. It also allows the offender to learn about the impact of
the crime to the victim and his/her family, and to take direct
responsibility for his/her behavior. Likewise, it provides a chance
for the victim and the offender to forge a mutually acceptable
plan that addresses the harm caused by the crime with the
customs and tradition of that particular cultural community.
Restorative Justice Model
As a community-based decision model, the Agency Peacemaking
Encounter is being implemented through the following process:
1. Victim/Offender Mediation - a process that provides an
interested victim an opportunity to meet face-to-face his/her
offender in a secured and structured setting or atmosphere, with
the help of a trained mediator, and engage in a discussion of the
past offense and its impact to his/her life. Its goal is to support
the healing process of the victim and allow the offender to learn
the impact of his/her offense on the victim's physical, emotional,
and financial existence, and take direct responsibility for his/her
behavior by mutually developing a Restorative Justice plan that
addresses the harm caused by the said offense.
2. Conferencing - a process which involves community of people most affected by the
crime-the victim and the offender and their families, the affected community members
and trained facilitators and community strengths - in a restorative discussion of issues and
problems arising from an offense or coincidence which affects community relationship
and tranquility. Facilitated by a trained facilitator, the above parties are gathered at their
own volition to discuss how they and other have been harm may be repaired and broken
relationship may be restored.
3. Circle of Support - a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAs) and selected members
of the community in the discussion of the offense and its impact. Within the circle, people
freely speak from the heart in a shared search for understanding the incident, and
together identify the steps necessary to assist in the reconciliation and healing of all
affected parties and prevent future crime or conflict. In the Agency, the circle of support is
facilitated by trained Probation and Parole Officers, Volunteer Probation Aides or selected
community leaders who offered their services free of charge to serve as facilitator or
keeper. In implementing this process, the probation and parole officer should be the
facilitator who is sensitive to the needs of the victims. Likewise, the probation and the
parole officer should exert effort to protect the safety and interest of the victim.
The Outcomes or Interventions Which Can Be Agreed Upon During the
Restorative Justice Process
As a result of the restorative justice process, the following outcomes or
interventions may be agreed upon by parties in a Restorative Justice discussion,
such as, but not limited to:
1. Restitution - is a process upon which the offender accepts accountability for the
financial and/or non-financial losses he/she may have caused to the victim.
Restitution is a "core" victim's right which is very crucial in assisting the redirection
of the victim's life. Part of the conditions of probation as imposed by the court is
the payment of civil liability to indemnify the victim of the offender, and to
inculcate to the offender a sense of responsibility and obligation towards the
community. Consequently, the probation and parole officer should see to it that
the offender complies with this condition.
2. Community Work Service - whether imposed as a condition of offender's conditionally liberty
or integral part of his treatment plan, should be purposely motivated to make the offender
realize that he/she incurred an obligation to make things right. In its application, the offender can
be subjected to perform work service measures, including but not limited to any of the following:
a. Mentoring and Intergenerational Service - offenders will develop their nurturing needs thru
caring for other people, example: with senior citizens, with orphanages, or with street children.
b. Economic Development - to link directly with the business project, examples: cleaning
downtown area, tree planting, maintenance of business zones, housing restoration, garbage and
waste management, cleaning of esteros, recycling, construction, repair of streets, and the like.
c. Citizenship and Civic Participation-Experiential Activities which involve solving community
problems, examples: puppet shows that showcase values, street dramas, peer counseling.
d. Helping the Disadvantages - this will enhance offender’s self-esteem, examples: assist
handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.
e. Crime Prevention Project - examples: Barangay Ronda and giving testimony to the youth. The
probation and parole officer should ensure the adoption of these community work services to
facilitate the reintegration of the offender in the community.
3. Counseling (Whether Individual, Group or Family) - it will
enhance client's interpersonal relationship and it will help him/her
become more aware of his/her shortcomings/weaknesses. This
will also help him/her overcome painful experiences that drove
him/her to commit a crime/offense.
4. Group Therapy Session - an intervention which provides
recovering drug dependents or those with serious behavioral
problems an opportunity to discuss their problems.
5. Submission to Family Therapy Session - this session aims to
develop healthy personal relationship within the family and to
establish open positive communication between family members
and significant others. Family members should be oriented in their
individual responsibilities and roles.
6. Attendance to Trainings, Seminars and Lectures
7. Participation in Education, Vocation or Life Skills Program
8. Spiritual Development Session/Faith-Based Session
9. Submission to Psychological/Psychiatric Assessment
10. Submission to Drug Test/Drug Dependency Examination
11. Attendance to Skills Training/Livelihood Assistance Program
12. Marital Enhancement Program
13. Written or Oral Apology
14. Confinement in Drug Treatment Rehabilitation Center
Including Aftercare.
UNETHICAL PRACTICES AND ETHICAL CHOICES OF PROBATION AND PAROLE
PRACTITIONERS

Work Strategies of Probation and Parole Practitioners

Given their professional orientation, the complexity of their work environment, and
their career challenges, probation and parole officers engage in and pursue numerous
work strategies. The following are among the more significant strategies as cited by
Abadinsky (1991):
1. Detection - This strategy involves identifying when a client is at risk or when the
community is at risk. It serves three basic objectives:
a. Identifying the individuals who are experiencing difficulty or who are in danger of
becoming a risk to the community;
b. Identifying conditions in the community that may contribute to the client's personal
problems (for example, lack of jobs, lack of training, availability of drugs); and
c. Determining whether the community is at risk from the probationer or parolee and
taking steps to protect the community.
2. Brokering - This strategy seeks to steer clients to existing services
that can be beneficial to them. The essential benefit of this strategy is
the physical hookup of the client with the source of help. Examples
include locating a job or a training facility where client can be educated
or reinstated.
3. Advocating - This strategy attempts to fight for the rights and dignity
of clients who need help. The key assumption in this strategy is that
there will be instances in which practices, regulations, and general
conditions prevent clients from receiving services or obtaining
assistance. Advocacy aims at removing the obstacle that prevent clients
from exercising their rights and receiving available resources. Examples
include advocacy on the part of the Parole and Probation Office to
change restrictions on parolee or probationer who need to operate a
motor vehicle in order to pursue legitimate employment needs.
4. Mediating – this strategy seeks to mediate between clients
and resource systems. The key assumptions is that problem exist
neither within people nor within resource systems, but rather in
interaction between people and resource systems. As opposed
to the advocate role, the mediator's stance is one of neutrality.
5. Enabling - This strategy seeks to provide this strategy seeks to
provide support and facilitate changes in the client's behavior
patterns, habits, and perceptions, the key assumption is that
problems may be alleviated and crises prevented by modifying,
adding, or extinguishing discrete bits of behavior by increasing
insights or by changing the client's values and attitudes.
6. Educating - This strategy involves conveying and imparting
information and knowledge as well as developing various skills. A
great deal of what has been called "social casework" or "therapy
is simple instruction.
7. Community Planning - This strategy entails participating in and
assisting neighborhood planning groups, agencies, community
agents, or governments in the development of community
programs to assure that client needs are represented and met to
the greatest extent feasible.
8. Enforcing - This strategy requires the officer to use the
authority of his or her office to revoke the probationer/parolee's
standing due to changes in status quo, which involves heightened
community or client risk outside the control of the officer
Common Unethical Practices of Probation and Parole Agencies
Souryal (2011) cited the following unethical practices common to probation and
parole agencies. The term common not mean that practice happens every day in
any given department; it simply means that it is identifiable within probation and
parole agencies. Officer's may never violate such practices, yet they are familiar
with them once they are mentioned.
1. Adjusting Numbers on Assessment Instrument that would Reduce a Probation
or Parole Officer's Workload. Officers, especially those who have exceptionally
high caseloads, may finagle to reduce the frequency of contacts they have with the
probationers or parolees assigned to them. They may justify such reduction by
indicating that the supervisee has "cleaned up his/her act," has become "less of a
risk to society," or has been "making progress" while indeed he or she has not. If
such a recommendation is made on the basis of knowledge and good faith, it
would be considered ethical. If, on the other hand, it is made for the selfish
purpose of working less, it should be considered unethical.
2. Not Making Field Visits and Claiming that they Were Made. This practice is one
of the more infamous ones. If institutionalizes the practice of lying and deception;
it encourages the supervisee to violate his or her supervision contract; it increases
the supervisee's risk to society, and it sets an unethical example to junior officers
who may be watching their senior's modus operandi.
3. Claiming Mileage on Personal Vehicles that are Not Driven for Business
Purposes. This practice compounds the previous one by adding theft to the other
unethical actions.
4. Taking Care of Private Business During Work Hours Under the Pretense of
Making Field Contacts with Probationers or Parolees. In this case, officers may use
agency time for getting a haircut, shopping or returning merchandise, getting their
car fixed, or simply playing golf. This practice adds another vice service betrayal.
5. Having a Relationship with a Probationer or a Parolee, or with
Someone Related to them. In this case, the officer may have a
sexual relationship with a supervisee or one of his or her relatives
or friends, or a business relationship by which the supervisee (or
one of his or her relatives) may be asked to paint the officer's
house/car, build furniture, or fix the plumbing. In the first case, the
officer could be accused of sexual harassment or sexual assault; in
the later cases, the officer could be accused of violating the
professional or agency's code of ethics.
6. Discriminating against Supervisees on the Basis of Gender,
Color, Race, or Age. In this case, the officer not only violates the
ethical principles of fairness, equality, and decency, but he or she
may also violate the Constitutional Rights and other civil rights of
the supervisee.
7. Revealing Confidential Information Regarding the History
or Status of Offenders. This may be one of the more
common Violations and is usually caused by egoism and
abusing one's authority. Officers violate the rules of
confidentiality to appear important, in return for other
information, or to intentionally make the supervisee "look
bad." Regardless of the reason, this behavior may not only
violate the ethical principles of fidelity and obligation, but
also the penal code.
Ethical Choices in Probation/Parole
Based on the work strategies mentioned earlier and the unethical situation mentioned
previously, there are four typologies of choices for probation and parole officers in dealing with
comm corrections that have been widely recognized for their consistency
1. The Punitive/Law Enforcement Practitioner – Practitioners this type see the summum
bonum of community corrections as serving the interest of the community. This model
underscores a dogmatic utilitarian view that seeks to maximize goodness through serving the
largest number of benefactors the community. Toward achieving this goal, anything goes,
including the welfare of the probationer, her family, her career, and her dignity.
In this model, control of the supervisee is viewed as the main purpose, and the strategy of
enforcement is the chief tool. All rules and regulations are enforced to the letter, including
surveillance, checks for drug use, intimidation, and a detective like enforcement style. The
practitioner of this type is generally characterized by depersonalization and extreme
detachment. Contacts with the individual are frequent, formal, short, and abrupt. Concerns for
the family welfare of the supervisee are unimportant, and whether the supervisee makes it or
returns to prison is irrelevant. A hedonistic streak may also appear in this type - an
overemphasis on efficiency as a tool for securing a promotion or career advancement. In this
model, recognition of the true purpose of supervision, of the obligation to assist a fellow human
being in distress, or of fidelity to the ethics of treatment are all but ignored.
2. The Welfare/Therapeutic Practitioner - Practitioners of this type see the summum
bonum of the community corrections as rehabilitating the individual supervisee. Of primary
concern is the welfare of the individual, even if it violates the conditions of supervision or
the popular interest of the community. For this practitioner, emphasis is placed on
advocating, brokering, educating, enabling and mediating. The practitioner recognizes the
relationship with the individual as a "clientship." rehabilitation as a therapeutic treatment,
and the client's need as preeminent. Of paramount concern is providing the client with
adequate employment, housing, and psychological assistance, among other support
services. Clients are treated with dignity, fairness, openness, and personal sympathy. A
steak of religiosity may also pervade this type of practitioner, making his or her role rather
missionary in nature. They may invite the individual into their homes or volunteer to pay
the cost of schooling of his or her children.
While this model may be hailed for its ethical overtones, it can be criticized for its lack of
moderation-extreme affection for the client combined with neglect of the broader interest
of society. Another criticism of this type may be the practitioner's limited knowledge of
behavior modification methods, leading overzealous practitioners to cause more
psychological harm to the client than originally intended. Finally, there is also the danger of
becoming too personally involved with the client, a situation that may lead to considerable
disappointment on the part of the officer if he or she fails in rehabilitating the supervisee.
3. The Passive/Time Server Practitioner - Practitioner of this type see the summum bonum of
community corrections as inactivity and avoidance. They have minimal concern for either the
welfare of the community or that of the client. They adhere to the serviceable model of
management and practice double bookkeeping each time it is necessary. They see their work as
meaningless and requiring no ethical attention. Many such practitioners are political
opportunists who fail to see the truth of the community service ideal, are burned-out employees
who wait retirement, or are simply amoral creatures.

4. The Combined Model Practitioner - Practitioners of this type the summum bonum of
community corrections as between the welfare of the supervisee and pro community. Focus in
this model is placed on the provision of Social and therapeutic services to the client, while
attending to the control functions.
The practitioners in this category integrate the category integrate the community protection role
with the enforcement role, while maintaining flexibility to use one more that the other in an
individualized response to each case. They adopt work strategies that are useful while sacrificing
others, sometimes cynically, on the altar of reality. Practitioners of this type are loyal to the
humanitarian model of community corrections. Their decisions are usually based on balancing
the interests of "community” and those of "corrections." For that reason, they are considered
experts in a vast range of human problems far beyond the possibilities of ordinary competence.
PROVISIONAL RELEASE OF DETAIN PERSON

Temporary Release Of Detain Person

When a person is arrested or otherwise deprived of his liberty
for alleged commission of an offense, he may avail of the legal
remedies provided and guaranteed by the Constitution, Statutes
and the Rules of Court for his temporary release, these include the
application for bail, recognizance, and habeas corpus.
Where the accused is already convicted, or is serving the
penalty imposed by the trial court, there are however legal
remedies also available for the convict to regain his liberty by
virtue of, or grant of pardon, amnesty, parole, probation, etc.,
subject to limitations and conditions of the issuing authority.
Detainee and Detention Prisoner, defined.

Detainee refers to a person who is accused before a court or

competent authority and it temporarily confined in jail while
undergoing or awaiting investigation, trial, or final judgment.
Detention Prisoner refers to a person arrested due to the
commission of a crime/offense by the arresting unit for custodial
investigation. It likewise includes person arrested for crimes
which are heinous in nature, against national security and high-
profile crimes.
Basis of Temporary Release of Detained Person
1. 1987 Philippine Constitution - All persons, except those charged
with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the
writ of habeas corpus is suspended. Excessive bail shall not be
required.
2. Rules of Court - Rule 102 of the Rules of Court provides for
Habeas Corpus, a speedy and effectual remedy to relieve a person
from unlawful restrain and will therefore issue when someone is
deprived of liberty. Likewise, the Rules on Bail are intended to secure
a faithful implementation of the right to bail and is governed by Rule
114 of the Revised Rules on Criminal
3. Republic Act No. 10389 (Recognizance Act of 2012) - 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 RTC, 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.
(Sec. 1, RA No. 10389)
4. Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004) -
The law provides an Alternative Dispute Resolution System which is a
process or procedure used to resolve a dispute or controversy, other
than by adjudication of a presiding judge of a court or an officer of a
government agency, in which a neutral third party participates to assist
in the resolution of issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, mini-trial, or any combination
thereof.
RELEASED ON BAIL
Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required
under the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance. (Sec. 1, Rule 114,
Rules of Court)
The purpose of requiring bail is to relieve an accused from imprisonment until his
conviction and yet secure his appearance at the trial. The right to bail is granted
because in all criminal prosecutions, the accused is presumed innocent as stated in
Sec. 14(2) of the Article III, Bill of Rights, 1987 Philippine Constitution. (Almeda vs.
Villaluz, 66 SCRA 38 [1975])
Different kinds or Forms of Bails
Bail may be given in the form of:
1. Corporate Surety - Any domestic or foreign corporation, licensed as a
surety in accordance with law and currently authorized to act as such,
may provide bail by a bond subscribed jointly by the accused and an
officer of the corporation duly authorized by its board of directors (Sec.
10, Rule 114, RC). The corporate surety is considered as the jailer or
custodian of the accused and his obligation is to produce the body of the
accused whenever so required. Failure to do so is a violation of the
condition of the bond. Failing in this respect, forfeiture of the bail bond
is proper.
2. Property Bond - Is an undertaking constituted as lien on the real
property given as security for the amount of the bail. (Sec. 11, Rule 114,
RC)
3. Cash Deposit - The accused or any person acting in his
behalf may deposit in cash with the nearest collector or
internal revenue or provincial, city, or municipal treasurer
the amount of bail fixed by the court recommended by
the prosecutor who investigated or filed the case. (Sec.
14, Rule 114, RC)
4. Recognizance - Whenever allowed by law or these
Rules, the court may release a person in custody to his
own recognizance or that of a responsible person. (Sec.
15, Rule 114, RC)
Conditions of a Bail
1. The undertaking shall be effective upon approval, and unless
cancelled, shall remain in force at all stages of the case until
promulgation of the judgment of the RTC, irrespective of whether the
case was originally filed in or appealed to it.
2. The accused shall appear before the proper court whenever required
by the court or these Rules.
3. The failure of the accused to appear at the trial without justification
and despite due notice shall be deemed a waiver of his right to be
present thereat. In such case, the trial may proceed in absentia.
4. The bondsman shall surrender the accused to the court for execution
of the final judgment (Sec. 2, Rule 114, RC)
When is Bail a Matter of Right?
All persons in custody of law shall be admitted to bail as a
matter of right, with sufficient sureties, or released on
recognizance as prescribed by law or the Rules:
1. Before or after conviction by the Metropolitan Trial Court
(MetTC), Municipal Trial Court (MTC), Municipal Trial Court in
Cities (MTCC) or Municipal Circuit Trial Court (MCTC); and
2. Before conviction by the Regional Trial Court (RTC) of an
offense not punishable by death, reclusion perpetua and life
imprisonment, be admitted to bail as a matter of right, with
sufficient sureties, or be released on recognizance as prescribed
by law or these Rules. (Sec.4, Rule 114, RC)
May Bail be Granted even if what is Charged is a Capital
Offense and the Evidence of Guilt is Strong?
Although bail is not a matter of right when the accused is
charged with a capital offense and the evidence of guilt is
strong, there are rulings of the Supreme Court that in
exceptional cases, the court has discretion to grant bail on
such cases. (Barinaga vs. Tamin, 226 SCRA 206)
Guidelines or Factors to be considered in Fixing the Amount of Bail
1. Financial ability of the accused to give bail.
2. Nature and circumstances of the offense.
3. Penalty of the offense charged.
4. Character and reputation of the accused.
5. Age and health of the accused. 6. weight of the evidence against the
accused.
7. Probability of the accused appearing in trial.
8. Forfeiture of other bonds.
9. The fact that accused was a fugitive from justice when arrested.
10. Pendency of other cases in which the accused is under bond. (Sec. 9,
Rule 114, RC)
Where Bail be Filed?
1. Bail in the amount fixed may be filed with the court where the case is pending,
or in the absence or unavailability of the judge thereof, with any regional trial
judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge
in the province, city, or municipality. If the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may also be filed with any
RTC of said place, or if no judge thereof is available, with any metropolitan trial
judge, municipal trial judge, or municipal circuit trial judge therein.
2. Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court where the
case is pending, whether on preliminary investigation, trial, or on appeal.
3. Any person in custody who is not yet charged in court may apply for bail with
any court in the province, city, or municipality where he is held. (Sec. 17, Rule 114,
RC)
Duties of Trial Judge in the Conduct of Hearing if Bail Application is Filed
In the light of the applicable rules on bail and the jurisprudential principles just enunciated,
the Supreme Court reiterated the duties of the trial judge in case an application for bail is
filed, as follows:
1. Notify the prosecutor of the hearing of the application for bail or require him to submit his
recommendation. (Sec. 18, Rule 114, RC)
2. Conduct a hearing of the application for bail regardless of whether or not the prosecution
refuses to present evidence to show that the guilt of the accused is strong for the purpose of
enabling the court to exercise its sound discretion. (Sections 7-8, Rule 114, RC)
The hearing of an application for bail should be summary or otherwise in the discretion of the
court. By "summary hearing” means such brief and speedy method of receiving and
considering the evidence of guilt as is practicable and consistent with the purpose of the
hearing which is merely to determine the weight of the evidence for purposes of bail.
3. Decide whether the evidence of guilt of the accused is strong based on the summary of
evidence of the prosecution.
4. If the guilt of the accused is not strong, discharged the accused upon approval of the bail
bond. Otherwise petition should be denied.
Policies Concerning the Effectivity of the Bail of the Accused
Supreme Court Administrative Circular No. 2-92 dated January 20, 1992 entitled
"Cancellation of Bail Bond of accused Convicted of Capital Offense in the Regional
Trial Court (RTC),” lays down policies concerning the effectivity of the bail of the
accused, as guidelines for the bench and bar with respect to future as well as
pending cases before the trial courts, to wit:
1. When an accused is charged with the offense which under the law existing at the
time of its commission and at the time of the application for bail is punishable by a
penalty lower than reclusion perpetua and is not out on bail, and after trial is
convicted by the trial court of the offense charged or of a lesser offense than that
charged in the complaint or information, he may be allowed to remain free on his
original bail pending the resolution of his appeal, unless the proper court directs
otherwise pursuant to Rule 114, Sec. 2(a) of the Rules of Court, as amended.
2. When an accused is charge with a capital offense or an offense which under the
law at the time of the commission and at the time of the application for bail is
punishable by reclusion perpetua and is out on bail, and after trial is convicted by the
trial court of a lesser offense than in the preceding paragraph shall be applied.
3. When an accused is charged with a capital offense or an offense which under the law at
the time of its commission and at the time of the application for bail is punishable by
reclusion perpetua and is out for bail and after trial is convicted by the trial court of the
offense charged, his bond shall be cancelled and the accused shall be placed in
confinement pending resolution of his appeal.
As to criminal case covered under the third rules above cited, which are now pending
appeal before the Supreme Court where accused is still on provisional liberty, the following
rules are laid down:
a. This Court shall order the bondsman to surrender the accused within 10 days from notice
to the court of origin. The bondsman thereupon, shall inform this Court of the fact of
surrender, after which the cancellation of the bond shall be ordered by this Court.
b. The Regional Trial Court (RTC) shall order the transmittal of the accused to the New
Bilibid Prison (NBP) thru the Philippine National Police (PNP) as the accused shall remain
under confinement pending resolution of his appeal.
c. If the accused-appellant is not surrendered within the aforesaid period of 10 days, his
bond shall be forfeited and an order of arrest shall be issued by this Court. The appeal
taken by the accused shall also be dismissed under Section 8, Rule 124 of the Revised Rules
of Court as he shall deemed to have jumped bail.
Reasons why the Constitution Prohibits the Imposition of
Excessive Bail
Excessive bail means a bail set at a higher figure than an amount
reasonably calculated to assure the presence of the accused at
the trial. It is prohibited on the following reasons:
1. To safeguard the liability of the individual;
2. Imposition of excessive bail amounts to nullification of the
right to
bail which is offensive to the Constitution; and
3. Right to bail would become meaningless. (Sunga vs. Salud,
109
SCRA 253)
Who May not Invoke the Right to Bail?
1. It cannot be invoked where the applicant is not yet in custody
of the law because he went into hiding and is at large, and
hence, a free man even when he has already been criminally
charged in court.
2. It is also not available to one charged with capital offense or
an offense punishable by reclusion perpetua, life imprisonment,
or death if the evidence of his guilt is strong.
3. No bail shall be allowed after the judgment has become final,
or after the accused has commenced to serve sentence. (Sec. 24,
Rule 114, RC)
Application of Bail in Extradition Proceeding
Extradition is the removal of an accused from the Philippines with the object of placing
him at the disposal of foreign authorities to enable the requesting state or government
to hold him in connection with any criminal investigation directed against him or the
execution of a penalty imposed on him under the penal or criminal law of the
requesting state or government. The general rule is a fugitive who is extradited may be
tried only for the crime specified in the request for extradition and such crime is
included in the list of extraditable offenses in the treaty which is known as the principle
of specialty.
In a bail proceeding for non-bailable crimes an accused has the right to present
evidence to contradict evidence of the prosecution. If after his arrest and if the trial
court finds that an extraditee is not a flight risk, the court may grant him bail. The court
emphasized that bail may be granted to a possible extraditee only upon a clear
convincing showing:
1. That he will not be a flight risk or a danger to the community; and
2. That there exist special, humanitarian and compelling circumstances. (Rodriguez vs.
Judge, G.R. No. 157977, February 27, 2006)
The Grant of Bail in Extradition Proceeding follows some Trends
in International Law, to wit:
1. The growing importance of the individual person in public
international law who, in the 20th century, has gradually attained
global recognition.
2. The higher value now being given to human rights in the
international sphere.
3. The corresponding duty of countries to observe these universal
human rights in fulfilling their treaty obligations.
4. The duty of the court to balance the rights of the individual
under our fundamental law, on one hand, and the law on
extradition, on the other.
Application of Bail in the Hearing of the Hearing of the
Violation of Probation
Ones Arrested and detained the probationer shall immediately
be it before the court for hearing of the pending such hearing. In
such a case, the hearing release on bail of persons charged with
a crime applicable to probationers arrested under this provision.
(Sec. 39, Rules on Probation Methods and Procedures) brought
before the court hearing may be informal and sur admitted to
bail pending such hear provisions regarding release on bail of
persons.
Remedy of the Accused when Bail is Denied
Under the Rules, bail is generally filed in the court where the
case is pending. Where bail is denied by the trial court, the
remedy is a special civil action (Certiorari) in the Court of
Appeals and not directly to the Supreme Court, observing the
rule on hierarchy of courts. (Sec. 17, Rule 115, RC)
A Petition for a Writ of Certiorari is issued to annul or modify the
proceedings, as the law requires, of a tribunal, board or officer
exercising judicial functions, who has acted without or in excess
of its or his jurisdiction, or with grave abuse of discretion, there
being no appeal, nor any plain, speedy, and adequate remedy in
the ordinary course of law. (Sec. 1, Rule 65, RC)
Arrest of Accused out on Bail
The Rules provides that for the purpose of surrendering the accused, the
bondsmen may arrest him or, upon written authority endorsed on a certified copy
of the undertaking, cause him to be arrested by a police officer or any other
person of suitable age and discretion. An accused released on bail may be re-
arrested without the necessity of a warrant if he attempts to depart from the
Philippines without permission of the court where the case is pending. (Sec. 23,
Rule 114, RC)
No Bail after Final Judgment; Exception
No bail shall be allowed after a judgment of conviction has become final. If before
such finality, the accused applied for probation, he may be allowed temporary
liberty under his bail. When no bail was filed or accused is incapable of filing one,
the court may allow his released on recognizance to the custody of a responsible
member of the community.
RELEASED ON RECOGNIZANCE
Recognizance is an older method of suspending or deferring judgment
for good behavior. This was based in an ancient practice developed in
England in the 14th century. It originated as a measure of preventive
justice, involving an obligation or promise, sworn to under court order
by a person not yet convicted but though likely from the information
before the court to have commit a crime that he would keep the peace
and be of good behavior.
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. (Sec. 3, RA No. 10389)
Recognizance is a bond or similar obligation made and
recorded before a court by which a person binds himself
to perform an act or fulfill a condition at a specified time
(Sibal 837). Recognizance is an undertaking in lieu of a
bond, assumed by a mother or father, or appropriate
guardian or custodian, or in their absence, the nearest
relative, or any responsible member of the community to
assume custody of a child in conflict with the law and be
responsible for the appearance of the child in court
whenever required during the pendency of the case. (Sec.
4[w], Revised Rule on Children in Conflict with the Law)
Laws and Rules Allowing Detained Persons to be Release on Recognizance
1. Republic Act No. 10389 (Recognizance Act of 2012) - The law is intended to
secure a faithful implementation of the constitutional right to be released on
recognizance.
2. Presidential Decree 968, as amended (Probation Law) -Pending submission of the
investigation report and the resolution of the petition, the defendant may be allowed
on temporary property under his bail filed in the criminal case; Provided, That in case
where no bail was filed or that the defendant is incapable lng one, the court may
allow the release of the defendant on recognizance to the custody of a responsible
member of the community who shall guarantee his appearance whenever required
by the court (Sec. 7 para. 2)
3. Presidential Decree No. 603 (Child and Youth Welfare Code) If the Youthful
Offender is unable to furnish bail, the minor shall from the time of his arrest be
committed to the care of the Department of Social and Welfare Development
(DSWD) or the Local rehabilitation center or upon recommendation of the DSWD or
other agencies authorized by the court may in its discretion, be released on
recognizance. (Art. 191)
4. Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006) -
Where a child is detained, the court shall order the release of the minor
on recognizance to his/her parents and other suitable person. (Sec. 35,
para 1)
5. Revised Rule on Children In Conflict with the Law (A.M. No. 02-1-18-
SC, November 24, 2009) - The release of a child from a custody during
the pendency of the case involving a non-serious offense may be
ordered by the court only after a hearing for that purpose, and upon
favorable recommendation of the social worker assigned to the child,
with the conformity of the public prosecutor and the private
complainant. The child shall be released to the custody of a willing and
responsible mother or father, or appropriate guardian or custodian or in
their absence, the nearest relative, who shall be responsible for the
child's good behavior and appearance in court whenever required. (Sec.
25)
Duty of the Courts in Granting Recognizance
For purposes of stability and uniformity, the courts shall use
creation, 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 rages in court may also be considered by the courts for
the purpose covering as many individuals belonging to the
marginalized and or sectors of society. (Sec. 4, RA No. 10389)
Release on Recognizance as a Matter of Right
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:
1. Before or after conviction by the Metropolitan Trial Court (MetTC),
Municipal Trial Court (MTC), Municipal Trial Court in Cities (MTCC), and
Municipal Circuit Trial Court (MCTC); and
2. Before conviction by the Regional Trial Court (RTC): 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. (Sec. 5, RA
No. 10389)
In what Instances may a Person under Detention be released on Recognizance?
The release on recognizance of any person under detention may be ordered only by a court
and only in the following cases:
1. When the offense charged is for violation of an ordinance, a light, or a criminal offense, the
imposable penalty of which does not exceed 6 months imprisonment and/or Two Thousand
Pesos (Php 2,000.00 fine, under the circumstances provided in Republic Act No. 6036.
2. Where a person has been in custody for a period equal to or more than the minimum of
the imposable principal penalty, without application of the Indeterminate Sentence Law or
any modifying circumstance, in which case the court, in its discretion, may allow his release
on his own recognizance.
3. Where the accused has applied for probation, pending resolution of the case but no bail
was filed or the accused filing one.
4. In case of a youthful offender held for physical and mental examination, trial, or appeal, if
he is unable to furnish bail and under circumstances envisaged in PD No. 603 as amended;
and
5. Where a CICL is detained, the court shall order the release of the minor on recognizance to
his/her parents and other suitable person under Sec. 35 of Republic Act No. 9344.
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:
1. The accused bad made untruthful statements in his/her sworn affidavit prescribed;
2. The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime
aggravated by the circumstance of reiteration;
3. 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;
4. The accused had previously committed a crime while on probation, parole or under conditional
pardon;
5. The personal circumstances of the accused or nature of the facts surrounding his/her case
indicate the probability of flight if released on recognizance;
6. There is a great risk that the accused may commit another crime during the pendency of the case;
and
7. The accused has a pending criminal case which has the same or higher penalty to the new crime
he/she is being accused of. (Sec. 7, RA No. 10389)
What is the Duty of the Custodian?
The custodian shall accused whenever required to execute an
accused whenever the application for reasonable period of
accused is required shall be imposed upon the the accused
before the court. The custodian shall be execute an undertaking
before the court to produce whenever required. The said
undertaking shall be part of application for recognizance. The
court shall duly notify, within a period of time, the custodian
whenever the presence of the dis required. A penalty of 6
months to 2 years imprisonment he imposed upon the
custodian who failed to deliver or produce used before the
court, upon due notice, without justifiable reason. (Sec. 9, RA
No. 10389)
Arrest of a Person Released on Recognizance
The court shall order the arrest of the accused, who shall forth with be placed
under detention, due to any of the following circumstances:
1. If it finds meritorious a manifestation made under oath by any person after
a summary hearing, giving the accused an opportunity to be heard;
2. 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;
3. 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
4. If it is shown that the accused committed an act of harassment such, but
not limited to, stalking, intimidating or otherwise vexing private complainant,
prosecutor or witnesses in the case pending against the accused.
No Release on Recognizance after Final Judgment on
Commencement of Sentence; Exception
The benefits of recognizance 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. (Sec. 11, RA No. 10389) |
Distinction between Bail Bond and Recognizance
A bail bond is an obligation under seal given by the accused with
one or more sureties and made payable to the proper officer
with the condition to be void upon performance by the accused
of such acts as he may legally be required to perform.
(Villasemor vs. Abana, 21 SCRA 312)
On the other hand, a recognizance is an obligation of record,
entered into before some court or magistrate duly authorized to
take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the
accused for trial. A recognizance does not require the signature
of the accused for its validity.
RELEASE THROUGH HABEAS CORPUS
Writ of Habeas Corpus, defined.
The writ of habeas corpus is a writ directed to the person detaining another and
commanding him to produce the body of the prisoner at a certain time and place,
with the day and the cause of his caption and detention, to do, submit to, and
receive whatsoever the court or judge awarding the writ shall consider in that behalf.
The writ of habeas corpus is the means by which judicial inquiry is made into the
alleged encroachments upon the political and natural rights of individuals, such as
restraint of liberty. It is a writ of defense of personal freedom, having for its object
the speedy release, by judicial decree, of persons who are illegally restrained of their
liberty, or who are entitled to the custody of them. It is directed to the person in
whose custody the person is detained. (Phil. Law Dictionary by Moreno, 3rd ed. p.
424)
The writ of habeas corpus is an extraordinary", common law", or "prerogative writs",
which were historically issued by the court in the name of the monarch to control
inferior courts and public authorities within the Kingdom.
Purpose and Objective of Habeas Corpus
The essential object or purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint and to relieve a person from it if such restraint is
illegal (Aquino vs. Esperon, G.R. No. 174994, Aug. 31, 2007). The purpose of writ of
habeas corpus is to determine whether or not a particular person is legally held.
While habeas corpus is a writ of right, it will not issue as a matter of course or as a
mere perfunctory operation on the filing of the petition. Judicial discretion is called
for its issuance. (In Matter of the Petition of Habeas Corpus of Eufemia E. Rodriguez
G.R. No. 169482, January 29, 2008; In re: Major Aquino, G.R. No. 174994, August
31, 2007)
The writ of habeas corpus is also available as post-conviction remedy where, as a
consequence of judicial proceeding: 1) there has been a deprivation of a
constitutional right resulting in the restraint of a person; 2) the court had no
jurisdiction to impose the sentence; or 3) an excessive penalty has been imposed,
as such sentence is void as to such excess. (Agranzamendez, Q&A in Remedial Law,
2008 ed., p.514)
Who may Grant the Writ of Habeas Corpus?
The writ of habeas corpus may be granted by the Supreme Cou nber thereol, on
any day and at any time, or by the Court or any member thereof in the instances
authorized by law and if so granted it shall be enforceable anywhere in the
Philippines and may be made returnable before the court or any member thereof
or before a Court of First Instance, or any judge thereof for hearing and decision on
the merits. It may also be granted by a Court of First Instance (Regional Trial Court),
or a judge thereof, on any day and at any time, and returnable before himself,
enforceable only within his judicial district. (Sec 2. Rule 102, Rules of Court)
Petition for habeas corpus is like a proceeding in rem because it is an inquisition by
the government, at the suggestion and instance of an individual, most probably,
but still in the name and capacity of the sovereign. It is also instituted for the
purpose of fixing the status of a person and that there can be no judgment entered
against anybody since there is no real plaintiff and defendant (Alimpoos vs. CA, 106
SCRA 159)
What are the Instances when the Writ of Habeas Corpus shall Not be Allowed?
The writ of habeas corpus shall not be allowed if it appears that the person alleged to
be restrained of his liberty is in the custody of an officer under process issued by a
court or judge or by virtue of a judgment or order of a court of record, and that the
court or judge had jurisdiction to issue the process, render the judgment, or make the
order. (See Sec. 4, Rule 102, RC)
If the writ is granted because it ought to issue, to whom shall it be! directed, and what
shall it require?In case of imprisonment or restraint by an officer, the writ shall he
directed to him, and shall command him to have the body of the person restrained of
his liberty before the court or judge designated in the writ at the time and place
therein specified

In case of imprisonment, the writ shall be directed to an officer and shall command
him to and have the body of the person restrained of his liberty the court or judge
designated in the writ at the time and place in specified, and to summon the person by
whom he is combined then and there to appear before said court or judge to cause of
the imprisonment or restraint. (Sec. 6, Rule 102, Rules of Court)
What may the Court or Judge do if the Person Subject of the
Petition is Unlawfully Imprisoned?
The court or judge shall forthwith order his discharge from
confinement, such discharge shall not be effective until a copy of
the order has been served on the officer or person detaining him.
If the officer or person detaining him does not desire to appeal,
the prisoner shall be forthwith released. (Sec. 15, Rule 102, Rules
of Court)
Grounds for Suspension of the Writ of Habeas Corpus
Under Section 18, Art. III of the 1987 Constitution, the President
can suspend the privilege of the writ of habeas corpus only on
two grounds, thus: 1) invasion; or 2) rebellion when the public
safety requires it.
PROBATION
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. It is actually a suspension of sentence
during the period the defendant is placed on probation
upon application to the court that convicted the
defendant. Sections 3&4, PD No. 968, as amended)
Probation is a disposition alternative under which a
juvenile in conflict with the law is released and permitted
to remain in his home after conviction and sentence. The
juvenile is subject to conditions imposed in the sentence
and to supervision by the court and a probation officer
who has the duty to return the juvenile to the court in
case of violation of a condition of his probation. (Sec. 4,
Revised Rules on CICL)
Probation as a term and as a procedure is derived from the Latin
word "Probare" meaning to prove. Therefore, as the term Latin
Etymology states, probation involves the testing of an offender
and his proving that he is worth of his freedom. Probation can
be defined as a sentence imposed by the courts on offenders
who have either pleaded guilty or been found guilty. Instead of
being incarcerated, an offender placed on probation is retained
in the community under the supervision of a probation agency.
The offender is provided with supervision and services.
Continuation of probation depends on the offender's
compliance with the rules and conditions of the probation
sentence.
Four Essential Elements of Probation
Probation as a sentence consists of four essential elements:
1.Probation is now viewed as a stand-alone sanction imposed by a judge, instead of
a deferred or suspended form of imprisonment.
2. The offenders remain in the community while serving their sentence.
3. While the offenders remain in the community, their freedom is conditional,
subject to court-imposed restrictions on their
behavior
4. These offenders are supervised by a representative of a probation organization
who serve as agent of the court.
Objectives of Probation
The major objectives of probation have changed over the past decade. They
include:
1. To protect the community. Community protection is an objective that probation
shares with all other forms of correctional programs. One of the basic purposes of
corrections is to provides public protection by aiding in the prevention f crime.
2. To carry out the court-ordered sanctions imposed by the court. Judges may
sentence an offender directly to terms of probation as a sentence. In addressing
the objective of enforcing court-ordered sanctions, the probation organization is
responsible for informing and educating the offender regarding the order of the
court and expectations regarding the offender's compliance with the rules and
regulations of probation.
3.To assist offenders to change. The probation Officer serves as an
advocate and facilitator for the offender to receive specialized treatment
resources available in the community.
4.To support crime victims. The probation agency also plays an
important role in supporting crime victims.
5. To coordinate and promote the use of community resources
in an efficient and effective manner.
THE ROOTS OF PROBATION
English Probation
Probation developed out of various practices used under English Common Law.
One such practice, known as, seems to be the earliest device for softening brutal
severity of punishment Benefit of Clergy. It allowed certain accused individuals to
appeal to the court for leniency in sentencing by reading from the Bible. The
benefit of clergy permitted religious officials to have the privilege of avoiding
secular forms of punishment (usually execution) by having their cases transferred
to a religious or ecclesiastical court. The prescribed penalties were generally less
severe in these non-secular court.
 Another practice was Judicial Reprieve, whereby a convicted
offender could ask the judge to suspend the sentence on the condition
that the offender displays good future behavior. It is a temporary
withholding of sentence, practiced by the English Court in early 17th
century, where they grant reprieves to prisoners under sentence of
death on condition that they accept deportation or transportation.
 As a young professional in England, Matthew Davenport Hill (1792-1872), an
18th-century English barrister and judge, had witnessed the sentencing of youthful
offenders to one-day terms, on the condition that they be returned to a parent or
guardian who would closely supervise them. When he eventually became the
Recorder of Birmingham, a judicial post, he used a similar practice r individuals
who did not seem hopelessly corrupt. If offenders demonstrated a promise for
rehabilitation, they were placed in the hands of generous guardians who willingly
took charge of them. Hill had police officers pay periodic visits to these guardians in
an effort to track the offender's progress and keep a running account.
An ambitious lawyer, Howard Vincent (1849-1908), and first Director of Criminal
Investigation at Scotland Yard, also championed the Massachusetts scheme (which he
had visited), seeing the use of police officers as a way of remedying the perceived
leniency of recognizances. His Probation of First Offenders Bill 1886 - the first reference
to 'probation' in English law - was enacted, but Parliament had seen fit to permit greater
flexibility in the appointment of supervisors. In the event, neither magistrates' courts nor
Courts of Assize and Quarter Sessions made much use of the new law, having few
resources to appoint supervisors, and preferring the flexibility of recognizances, which
were not restricted to first offenders.
American Probation
John Augustus (1785-1859), a 19th-century Boston shoemaker, who is considered
the “Father of Probation," and recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts in 1785. Starting in the early 1840s,
Augustus volunteered to stand bail and assume custody for select, less serious
offenders in exchange for the judge's deferring the sentence. He personally stands
bail for an array of convicted adult drunkards, delinquent children and young
prostitutes. Over a 30-days period he set individualized reform measures in place,
pending the offender's return to court for sentence, and responsible for monitoring
offender's activities and later reporting to the judge on their performance in the
community. If the judge was satisfied with the community performance, charges
were dropped; if not, sentencing proceeded. Augustus received no pay for his 18
years of court work. He used his own money and voluntary contributions from
others to finance his effort.
Father Cook In 1870, another Bostonian continued the work of Augustus by
identifying youthful offenders being tried in the courts and whose cases were
committed by force of circumstance and not due to the criminal nature of the
accused. After finding that the offender is not a hardcore felon and can still be
reformed, Father Cook sentenced himself before the court as adviser to the
offender. realizing the value of what he is doing, the courts usually consented
placing convicted youths under his charge to be reformed.

Massachusetts state authorities adopted and augmented the approach of

Augustus after his death, the, with juveniles only, under the auspices of the police.
Influence by his efforts, the United States, probation came to be regulated by a
statute for the first time in 1878 when Massachusetts passed a law providing for
the appointment of a naid probation officer for the courts of criminal jurisdiction in
the city of Boston.
The first Probation Law was passed by the Legislature of Massachusetts and signed into
law by Governor Alexander B. Rice on April 26, 1878. By a statute of 1880 the right to
appoint probation officers was extended to all cities and towns in Massachusetts.
Edward H. Savage, In 1887, the city of Boston appointed the first government probation
officer in the name of Edward H. Savage, the former Chief of Police of Boston City
Vermont Act of 1898 was the second state that enacted probation law. Unlike in
Massachusetts, here, the offender or probationer was the one who pays the trial
cost. At first, all state probation officers were on part time, but after 1936, full-time
officers were assigned in districts to have charge of parole as well as probation
The first Federal Probation Bill was introduced by the Lower and Upper Chamber
of U.S Congress sponsored by Representative Mc. Call of Massachusetts and
Senator Robert T. Owen of Oklahoma, respectively. However, these two legislative
proposals were both failed.

The second Federal Probation Bill was introduced by Senator Royal S. Copeland of
New York on December 12, 1923 sponsored by Representative George S. Graham
which was later on approved by the two separate chambers. Further, the Federal
Probation Act of 1925 became a law on March 4, 1925. It was signed into law by
President Calvin Coolidge
Shock Probation
In the Unites States of America, another variation on the concept of probation
has become known as “shock probation” or “shock imprisonment”
In a strict sense “shock probation” is not a part of probation system, as it does
not involve incarceration.
Shock probation allows the sentencing judge to impose the legal sentence and
order incarceration of the offender, only to recall the legal sentence and order
incarceration of the offender, only to recall him after a brief legislatively defined
period of imprisonment ( in Ohio, a maximum of 130 days).
The system derived its name from the shock effects of short-term incarceration,
believed to be sufficient to convince certain individuals who have never before
been imprisoned that further criminal behavior is too risky and likely to be met
with several punishment. The offender presumably does not know that his term
period in prison until sudden release.
“Split sentencing” Something similar to shock
probation is found in the federal courts and is
known as “split sentencing”.
The offender is actually sentenced to a term in
prison, but is notified in advance that, after given a
brief period of satisfactory behavior, he can serve
the remainder of his sentence in probation.
HISTORY OF PHILIPPINE PROBATION
American colonial period(1898-1945)

Juvenile Probation Law under 1932 Revised Penal Code started the probation
system in the country
Commonwealth Act 4221 Philippine Probation Act enacted on August 7, 1935
by the Philippine Legislature.
This Law created a Probation Office under the Department of Justice. The
office was headed by a Chief Probation Officer who was appointed by the
Governor-General with the consent of the Senate.
November 16, 1937 this Probation Act was declared unconstitutional by
the Supreme Court on after barely two years of existence.
“The People of the Philippines and the Hongkong and Shanghai Banking Corporation vs. Jose O.
Vera and Mariano Cu Unjieng, 65 Phil. 56” struck down the Act as Unconstitutional on the
grounds that;
1. Said Act encroaches upon the pardoning power of the Chief Executive/President.
2. It made an undue delegation of legislative power to the provincial boards; and
3. It contravened the equal protection of the law.
 Teodolu C. Natividad- Considered as the Father of Probation in the Philippines.
He initiated the drafting of the Probation System
National Police Commission Interdisciplinary- Drafted a Probation Law and
after 18 technical hearings for over period of six months, the draft decree was
presented to a selected group of 369 jurists, penologists, civic leader and social
behavior scientists and practitioners. The group overwhelmingly indorsed the
establishment of an Adult Probation System in the country.
Presidential Decree No. 968 also known as the Adult Probation Law of 1976
was signed into law by President Ferdinand E. Marcos on July 24, 1976 and started
to operate on January 3, 1978.
Presidential Decree No. 1257 amended PD 968 ON December 1, 1977 particularly
section which provides the period during which an application for probation may
be granted and that is after the trial court shall have convicted and sentenced a
defendant but before he begins to serve his sentence.
PD 1990 on October 5, 1985 amended the Section 4 of PD 968 wherein which the
establishment of much narrower period during which an application for probation
maybe filed with the trial court: “after the trial court shall have convicted and
sentenced a defendant and within the period for perfecting an appeal”. The
amendment took effect on January 15, 1986.
 On November 1989, the New Administrative Code transferring the function
of supervising Parole and Pardoned offenders from Trial Courts to the Probation
Administration. The code also changes the name of the agency to Parole and
Probation Administration (PPA) in order to reflect the changed made by said law.
Section 42 of RA 9344 otherwise known as the “Juvenile Welfare Act of 2006”
further modified section 4 of PD 968, by providing that the court may, after it shall
have convicted and sentenced a child in conflict with the law (CICL), 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.
 1976-1977 The operation of the probation system was massive undertaking
during which all judges and prosecutors nationwide were trained in probation
methods and procedures; administrative and procedural manuals were developed;
probation officers were recruited and trained; and the central office and also the
probation field offices were organized throughout the country.
April 1, 1977 Fifteen probation officers were selected from the first batch of
trainees for an observation tour to the Los Angeles Training Academy, . Upon their
return, they were assigned to train the newly recruited probation officers. The
probation system started to operate on January 3, 1978.
PAROLE AND PROBATION ADMINISTRATION (Pangasiwaan ng Parol at Probasyon)
The Organization:
The Probation Administration was created by virtue of Presidential Decree No. 968
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 and pardon with parole conditions.
The Parole and Probation Administration (PPA) is an agency of the Philippine
government under the Department of Justice responsible for providing a less costly
alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs. The PPA administers the
parole and probation system under PD No. 968, as amended, and exercises general
supervision over all offenders who were released through probation, parole and
pardon. The PPA further promotes the correction and rehabilitation of these
offenders.
 The PPA is headed by an Administrator. As the agency's rive officer, he
exercises overall supervision and control over the operations of the PPA, including
those in the field. The Administrator assisted by an Assistant Probation
Administrator. These two highest-ranking officials of the agency are both appointed
by the President of the Philippines.
The PPA's organization structure consist of seven (7) divisions, fifteen (15)
Regional Parole and Probation Offices, 202 Provincial/City Parole and Probation
Offices, 13 Sub provincial/City Parole and Probation Offices, and 73 Extension
Offices. A Planning Staff and Technical Staff in the immediate Office of the
Administrator assist in planning and in regional coordination functions,
respectively. The PPA has its main office located at DOJ Agencies Building, NIA Road
Corner East Avenue Diliman, Quezon City.
Seven (7) Divisions of the PPA
1. Financial and Management
2. Administrative
3. Legal and Inspection
4. Case Management and Records
5. Training
6. Community Services
7. Clinical Services Divisions
PPA's Vision, Mission, Mandate, Goals and Functions
Vision: A model component of the Philippine Correctional System that shall
enhance the quality of life of its clients through multidisciplinary programs and
resources, an efficient organization and a highly professional and committed
workforce in order to promote social justice and development.
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:
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 offices performs the following functions:
To administer the parole and probation system.
To exercise supervision over parolees, pardonees and probationers.
3. To promote the correction and rehabilitation of criminal offenders.
Administration of the Parole and Probation System
The programs and activities of the PPA fall under either Investigation or
Supervision.
1. Investigation - The PPA undertakes the following functions under its
investigation mandate:
a. Conduct character investigation of petitioners or applicants for probation
referred for evaluation by the courts.
b. Conduct studies on the petitioner's antecedents, mental and
physical conditions, character, socioeconomic status, criminal records, family and
educational background, and other aspects of his life.
c. Submit to the court a post-sentence investigation report, which will be the basis
for granting or denying probation.
d. Conduct pre-parole and executive clemency investigation and submission of
recommendations to the BPP.

2. Supervision - Under its supervision mandate, the PPA performs the following
functions:
a. Provide guidelines, rules and regulations on the
implementation of the Probation Law, and on the proper compliance/observance
by clients of their conditions for
parole, probation and pardon.
 b. Monitor compliance by client with said conditions and report the same to
proper authorities.
c. Undertake reformation programs for probationers, parolees and pardonees
through community-based rehabilitation or treatment activities like job-placement
referrals, vocational skills training, literacy programs, livelihood projects and other
moral, spiritual, social and economic activities to uplift their lives.
Probation Law of 1976 (PD 968 AS Amended)
The Three-Fold Purpose of Probation Law
1. To promote the correction and rehabilitation of an offender by providing him
with individualized treatment.
2. To provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence.
3. To prevent the commission of an offenses.
Objectives of the Probation Law
1. To promote the correction and rehabilitation of an offender by providing him
with individualized treatment.
2. To provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence;
3. To prevent the commission of an offenses;
4. To decongest our jails and prison.
5. To save the Government much needed finance for maintaining convicts in jail.
The Advantage of Probation
1. Prevents crime by offering freedom and aim only to those offenders who are not
likely to assault society again.
2. Protects society by placing under close supervision non-dangerous offenders
while undergoing treatment and rehabilitation in the community.
3. Conforms with the modern humanistic trends in penology.
4. Prevents youthful or first-time offenders from turning into hardened criminals.
5. Is the measure of cutting enormous expense in maintaining jails.
6. Reduces recidivism and overcrowding jails and prisons.
7. Reduces the burden of the police force and institutions of feeding and guarding
detainees.
8. Gives the first and light offenders the second chance in life and
provides for the reformation of penitent offenders.
9. Makes the offenders productive or taxpayers instead of tax eaters.
10. Restores the successful probationers their civil rights lost in view of
the offense.
11. Has been proven effective in developing countries that have
adopted it.
12. Is advocated by the United Nations (UN) in its various congresses
in crime prevention and treatment of offenders.
The Benefits of Probation
1. Probation Protects Society.
- From the excessive cost of detention.
- From the high of recidivism of detained offenders.
2. Probation protects the victim.
- It provides restitution.
- It provides justice.
3. The probation assist the government.
- Reduces population of prison and jails.
- Lessens the clogging of court cases.
- It lightens the load of prosecutors
4. Probation protects family.
- it does not reprieve the wire and children of husband and father.
- it maintains the unity of the home.
5. Probation helps the offender
- it reduces the population of prison and jails
- it lessens the clogging of courts cases.
- it lightens the load of prosecutors.
4. Probation Justifies the Philosophy of Men.
- that life is sacred.
- that all men deserve a second chance.
- that an individual can change.
- that society has a moral obligation to lift the fallen.
Four (4) Essential Elements of Probation
As provided for by the Probation Act of 1976, there are four essential elements
of the Adult Probation System, to wit;
1. A post sentence investigation report which serve as the informational basis for
the courts decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court;
3. Conditions of probation imposed by the court to protect public safety and to
foster the rehabilitation and reformation of the probationer; and
4. Suspension, guidance and assistance of the offender by a probation officer.
Who are Involved in the Administration of Probation?
1.Trial Court - refers to the Regional Trial Courts (RTCs) of the Province or
City/Municipal which has jurisdiction over the case. The Trial Court grants or denies
the application for probation.
2. Probation Office - refers either to the Provincial or City
Probation Office directed to conduct investigation or supervision referrals as the
case may be. (Sec. 4, Probation Rules)
3. Petitioner - a convicted defendant who files an application for probation.
4. Probationer - a person who is placed under probation.
5. Probation Officer - public officer who investigates for the Trial Court a
referral for probation or supervises a probationer or does both functions
and performs other necessary and related duties and functions as
directed like the:
a. Chief Probation and Parole Officer (CPPO),
b. Supervising Probation and Parole Officer (SPPO),
c. Senior Probation and Parole Officer (SrPPO),
d. Parole and Probation Officer II (PPOII) or
e. Parole and Probation Officer I (PPOI)
Duties and responsibilities of Provincial and City Probation Officer
(a) investigate all persons referred to him for investigation by the proper court or
the Administration;
(b) instruct all probationers under his supervision or that of the probation aide on
the terms and conditions of their probation;
(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 condition;
(d) maintain a detailed report of his work, and submit such written reports as may
be required by the Administration or the court having jurisdiction over the
probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is assigned who
are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter’s supervision of
probationers;
(g) exercise supervision and control over all field assistants, probation aides and other
personnel; and
(h) perform such duties as may be assigned by the court or the Administration.
Miscellaneous Powers of 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.
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.
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.”
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.
 Qualifications: Functions.
(a) The Probation Aides must be citizens of good repute and probity, at least 18 years of
age on the date of appointment, at least high school graduates and preferably residence
of the same locality or community covering the place of residence of the probationer
and/or the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI.
(b) Probation Aides may be requested to assist the CPPOs, SPPOs, and SrPPOs, PPOsII,
and PPOsI in the supervision of probationers, assigned up to a maximum case load
subject to administrative and technical supervision by the above-mentioned Probation
Officers, prepare records of their activities and accomplish related reports and prompt
submission thereof; and undertake other related activities. They maybe designated to
identify, generate, tap local community resources or conduct such activities on skills
training and sports and cultural programs for clients.
Who may Apply for Probation
The probation law shall apply to all offenders except those entitled to
the benefits under the provisions of Presidential Decree No. 603 and
similar laws ( Sec. 1, PD 968). Simply means any first-time convicted
offender who is 18 years old and above.
When Does a Judgement in Criminal Case Becomes Final
The term Final Judgement means judgement beyond recall. As long as the
judgment has not become executory, it cannot be truthfully said that the accused is
definitely guilty of the felony charged against a judgment in a criminal case
becomes final;
1. When no appeal is seasonably perfected;
2. When the accuse commences to serve the sentence;
3. When the right to appeal is expressly waived in writing; and
4. When the accused applies for probation, thereby waiving his right to appeal.
Necessity of Application
Probation may not be granted except upon application by the
defendant. Such is the manifest intent of the law when it states that the
court may, after it shall have convicted and sentenced a defendant within
the period for perfecting an appeal, suspended 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.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a defendant, the trial court may
suspend the execution of the sentence and place the defendant on probation,
upon application by the defendant within the period for perfecting an appeal.
2. Probation may be granted whether the sentenced imposed a a term of
imprisonment or fine only.
3. No application for probation shall be entertained or granted if the defendant
has perfected an appeal from the judgement of conviction.
4. In case an appeal has been made but prior to its perfection, an application for
probation may still be filed and such is deemed a withdrawal of the appeal.
5. The filling of the application for probation operates as the waiver to appeal.
6. The application for probation shall be filed with the trial court and the order
granting or denying probation shall not be appealable.
7. Accessory penalties are deemed suspended once probation is granted.
Under the Probation Law, the filing of an application for Probation “ shall
be deemed a waiver of the right to appeal.” Is this waiver mandatory or
irrevocable?
The waiver provided in the probation law is not irrevocable. The offender
may still withdraw his application for probation and file an appeal if the
period to do so has not yet prescribed. Probation law is interpreted liberally
in favor of the accused. It is not served by a harsh and stringent
interpretation of its provisions. The right of appeal should not be irrevocably
lost from the moment a convicted accused files an application for probation.
Appeal and probation spring from the same policy considerations of justice,
humanity, and compassion.
Penalty Which Makes Convict Qualified for Probation
1. The penalty must not exceed six (6) years (equivalent to prision correctional)
imprisonment.
2. In case of multiple convictions, the basis for determining whether or not the
penalty qualifies the convict for probation is the term of individual imprisonment and
not the sum total of prison terms imposed in the decision.
3. Fixing the cut-off point at a maximum term of six (6) years imprisonment for
probation is based on the assumption that those sentenced to higher penalties pose
too great risk to society, not just because of their demonstrated capability for serious
wrongdoings but because of the gravity and serious consequences of the offense they
might further commit.
Probation is a privilege granted by the court to a person convicted of a criminal
offense to remain in the community instead of actually going to prison/jail.
Probation is not a matter of right, However under R.A 9344, A Child in Conflict
with Law is granted the right to probation as an alternative to imprisonment if
qualified under the probation law.
The grant of probation rest solely upon the discretion of the court.
The probation law is not a penal statute; the principle of liberal interpretation
does not apply.
The granting of probation affects only the criminal liability the offender,
Criteria for placing an offender on probation
The court shall consider all information relative to:
1. Character
2. Antecedent
3. Environment
4. Mental
5. Physical condition of the offender
6. Available institution and community resources.
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.”
Circumstances when the Probation shall be Denied
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.
TERMINATION AND CLOSING OF PROBATION SUPERVISION
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. (Sec. 16, PD
968, as amended by RA 10707)
Grounds for Termination of the Probation Supervision Case
The probation supervision period may be terminated on any of
the following grounds:

1.Successful completion of probation;

2. Probation revocation for cause under Section 49 (a-c) of these
Rules;
3. Death of the probationer;
4. Early termination of probation; or
5. Other analogous cause(s) or reason(s) on a case-to-case basis
as recommended by the probation Office and approved by the
trial court.
Termination Order

Upon consideration of probation officer's report, the court may order Final Discharge
of the probationer and thereupon the case deemed terminated. It was held in Bala
vs. Martinez et al., 459 that, the probation is not coterminous with its period, hence
mere lapse of the probation period does not terminate the probation. There must be
an order issued by the court terminating the probation The termination of probation
restores to the probationer all civil rights and 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 (Sec. 16, P.D. No. 968, as amended). After actual receipt of the
Termination Order finally discharging the probationer, the Probation Office shall
formally close the probation case and keep client's case file. Immediately after such
closure of the probation case, the corresponding probation records shall be archived,
but not after the proper reporting is done (Sections 64-65, Probation Rules)
Confidentiality of Records of a Probationer

The investigation report and the supervision history of a probationer obtained under this Decree
shall be privileged and me shall not be disclosed directly or indirectly to anyone other than her
the Probation Administration or the court concerned, except that the, court, in its discretion, may
permit the probationer of his attorney to
CIV inspect the aforementioned documents or parts thereof whenever the best interest of the
probationer make such disclosure desirable or helpful: Provided, Further, That, any government
office or agency engaged in the correction or rehabilitation of offenders may, if me necessary,
obtain copies of said documents for its official use from the proper court or the Administration.
(Sec. 17, P.D. No. 968, as amended)

In view of the recent enactment which unequivocally expresses the intention to maintain the
confidentiality of information in cases involving violence against women and their children,
henceforth, the Court shall withhold the real name of the victim-survivor and shall use fictitious
initials instead to represent her. Likewise, the personal circumstances of the survivors or any other
information tending to establish or compromise their identities, as well as those of their
immediate family or household members, shall not be disclosed. (People vs. Cabalquinto, G.R. No.
167693, September 18, 2006, citing Sec. 40 of R.A. No. 9262)
CAUSES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Article 89, Revised Penal Code)

1. Death of Convict – death of convict extinguishes criminal liability at any stage of the criminal
proceeding; civil liability if death occurs before final judgment. If death occurs there will be nobody
to serve the penalty for the crime. The death of the convict whether before or after final judgment,
extinguishes criminal liability, because one of the juridical conditions of penalty is that it is personal
What are the Effects of Death of the Accused?
a. Death of the Offender Before or During Trial - If death occurs before or during the trial, the
criminal case must be dismissed. This is so because of the preservation of the constitutional rights of
the deceased accused who would not be any more in a position to defend himself. Further, it would
be useless to proceed because the ends of criminal justice (Retribution and rehabilitation) could not
anymore be served. There would be no convict upon whom the personal penal consequences of the
offense could be imposed, neither is there a culprit who needs rehabilitation.

b. Death of Accused Pending Appeal - The death of the accused pending the appeal of his
conviction will extinguish his criminal liability as well as his civil liability arising from the crime
committed. However civil liability arising from sources other than the crime committed survives and
may be pursued in a separate civil action. Sources of civil liability other than crime are law, contracts,
quasi-contracts are quasi-delicts.
2. Service of the Sentence - After the convict Serve his/her sentence,
automatically his criminal liability extinguished ever, service of sentence
does not extinguish the civil liability. Crime is a debt incurred by the
offender as a consequence of his wrongful act and the penalty is but the
amount of his debt. When payment is made, the debt is extinguished.
3. Amnesty - Amnesty is granted by Proclamation of the Chief
Executive with the concurrence of Congress. It is a public act of which
the courts should take judicial notice. Criminal action or liability is totally
extinguished by amnesty, completely extinguishing the penalty and its
effects.
4. Absolute Pardon - Absolute pardon looks forward and relieves
the offender from the consequences of an offense of which he has been
convicted. An absolute pardon not only blots out the crime committed
but also removes all disabilities resulting from the conviction.
5. Prescription of Penalty - It is the loss or waiver of the State of its right to punish
the convict. In other words, prescription of penalty is the loss or forfeiture of the
right of the Government to execute the final sentence after the lapse of a certain
time.

Prescription of penalty occurs when the convict escapes from detention or evades
the service of his sentence. Evasion of service of sentence is condition precedent to
the running of the period. The tolling of period of prescription of penalty occurs
when he commits another crime or is captured or goes to another country with
which the Philippines has no extradition treaty. Prescriptive period means the
period within which a specified action must be filed.
Two Conditions Necessary in Prescription of Penalty
1. That there is a final judgment.
2. That the period of time prescribed by law for its enforcement
has lapse.

Prescriptive Period of Penalties under Article 92 of the RPC

a. Death and reclusion perpetua - 20 years
b. Other afflictive penalties - 15 years
c. Correctional penalties - 10 years except for the penalty of
arresto mayor which prescribes in 5 years.
d. Light penalties - 1 year
How to Compute the Prescription of Penalties
a. Period of prescription commences to run from the date when
the culprit evaded the service of his sentence.
b. It is interrupted when the convict:
Gives himself up to the authorities;
When he is captured;
c. Goes to a foreign country with which we have no
extradition treaty; or
d) Commit any crime before the expiration of the period of
Prescription
6. Prescription of Crime or Offense - Refers to the loss or waiver of the right of the
State to prosecute offenders after the lapse of certain time. It cannot be waived or
extended since it is for benefit of the accused. Once prescription has set in the
automatically lose jurisdiction
What is the effect of the prescription of the crime?
The Supreme Court State as follows: as the prescription f the crime is the loss
by the state of the right to prosecute and punish the same. It is absolutely
indisputable that from the moment the state has lost or waived such right, the
defendant may, at any stage of the proceeding, demand and ask same be finally
dismissed and he be acquitted from the complaint, Judgement and such petition is
proper and effective even if the court taking cognizance of the case has already
rendered and said judgement is merely in suspense, pending the resolution of a
motion for reconsideration and new trial, and is more so since in such a case there
is not yet any final and irrevocable judgement. (People vs. Moran, 44 Phil. 391)
Prescriptive Period of Crimes under Article 90 of RPC
a. Reclusion perpetua or reclusion temporal - 20 years
b. Afflictive penalties - 15 years
c. Correctional penalties - 10 years except those punishable by arresto mayor,
which shall prescribe in 5 years
d. Crime of libel - 1 year
e. Oral defamation and slander by deed - 6 months
f. Simple slander - 2 months
g. Grave slander - 6 months
h. Light offenses - 2 months
i. Crimes punishable by fines:
1)If fine is afflictive - 15 years
2) If it is correctional - 10 years
3) If it is light - 2 months
Prescriptive Period of Offenses Punished under Special Laws and Municipal
Ordinance
Act No. 3763, amending Act No. 3326, provides:
a. Offenses punished only by a fine or by imprisonment for not more than one
month, or both - prescribed after One (1) year.
b. Offenses punished by imprisonment for more than one month, but less than
two (2) years - prescribed after four (4) years.
c. Offenses punished by imprisonment for two (2) years or more but less than six
(6) years - after eight (8) years.
d. Offenses punished by imprisonment for six (6) years or more-after twelve (12)
years.
e, Offenses under Internal Revenue Law - after five (5) years.
Violations of municipal ordinances - after two (2) months.
g. Violations of regulations or conditions of certificate of convenience by the Public
Service Commission (now the DOTC) - after 2 months.
CAUSES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITIES
Under Republic Act No. 10592 otherwise known as "An Amending Articles 29. 94. 97.
98 and 99 of the Revised Penal Code", criminal liability is extinguished partially by:
1. Conditional Pardon - It is a contract between the Chief Executive and the
convicted criminal to the effect that the former will release the latter subject to the
condition that if he does no comply with the terms of the pardon, he will be
recommitted to prison to serve the unexpired portion of the sentence or in an
additional one. (Alvarez vs. Director of Prison, 80 Phil 50)
2. Commutation of the Sentence - simply mean, reduction or mitigation of the
penalty. The commutation of the original sentence for another of a different length
and nature shall have the legal effect of substituting the latter in the place of the
former, (Art. 96, RPC)
3. Good Conduct Allowances - credit earned by a culprit while he is undergoing
preventive imprisonment or serving his sentence. It also refers to time subtracted
from a sentence by prison/jail authorities for good behavior or for other reasons.
(Republic Act No. 10592)
CREDIT FOR PREVENTIVE IMPRISONMENT AN ALLOWANCES OF PERSONS DEPRIVED OF LIBERTY
Republic Act No. 10592 authorizes the credit of preventive imprisonment and grant of time
allowances to Persons Deprived of Liberty (PDL). The law further grants the Director General of
BuCor, Chief of the BJMP, and Wardens of provincial, district, city or municipal jails the authority
to grant time allowances for good conduct, study, teaching or mentoring and/or for loyalty.

Credit Preventive Imprisonment, defined.

Preventive Imprisonment is the temporary confinement in a correctional facility of a Persons
Deprived of Liberty (PDL), while undergoing investigation or awaiting final judgment Credit for
Preventive Imprisonment (CPI) refers to the period of detention credited for the confinement of a
PDL in a correctional facility before final judgment of a court of law,
Duty to Inform PDL
Upon commitment of the PDL to the provincial jail, BJMP or BuCor, the prison/jail authority or
representative shall orient the PDL on the benefits granted by RA No. 10592, particularly CPI and
time allowances. For such purpose, said prison/jail authority shall inform the PDL, using
Corrections Cluster Form Nos. 1 and 2, in a language or dialect known to and understood by the
PDL. (Section 1, Chapter 3, DOJ & DILG 2019 Revised Manual on Credit for Preventive
Imprisonment and Time Allowances for PDL)
Conduct of Records Check
The prison/jail authority or representative shall conduct a records check to
determine if the PDL committed is qualified or not for CPI and time allowances. For
this purpose, record checking shall be conducted from the following offices, such
as, but not limited to: prison/jail records, PNP-Warrant Section, RTC-OCC, MTC-
OCC, MTCCOCC and MCTC-OCC.
The prison/jail authorities shall endeavor to obtain a Memorandum of Agreement
between the BuCor, BJMP, Provincial Jails, or the DOJ and the DILG, with the
Supreme Court for the issuance of any necessary certification, free of charge. After
conducting records check, the prison/jail authority shall determine the
qualifications of the PDL, based on the documents and ce obtained. Thereafter, the
concerned prison/jail authority shall issue a certification as to whether the PDL is
qualified or not for CPI and time allowances. All documents secured and
certifications issued, pursuant to this Section, shall form part of the carpeta.
(Section 2, ibid.)
Grounds for Disqualification for Credit of Preventive Imprison and Good Conduct
Allowances
The following are the grounds for disqualification:
1. Recidivist - The prison/jail authority shall ascertain the recidivism based on the
Information and Decision convincing the PDL of the subsequent crime for which
the PDL was charged this purpose, the concerned prison/jail authority shall email
the Decision and find out if there was a ruling that the possa recidivist. A PDL who
is judicially declared a recidivist by the Court shall be disqualified from the benefits
of RA NO. 10574 insofar as that case is concerned and the prison/jail authority shall
issue a Certificate of Disqualification.
2. An Accused who has been convicted Previously Twice or More Times of Any
Crime - The prison/jail authority shall administratively ascertain whether the PDL
has been previously convicted of two or more crimes on the basis of the prison/jail
records, Information and the respective Decisions of the court for the crimes
previously committed. In case the PDL is found to have been previously convicted
of two or more crimes, said PDL shall be disqualified from CPI and GCTA during
preventive imprisonment, insofar as the third and subsequent cases are concerned,
and the prison/jail authority shall issue a Certificate of Disqualification for non-
crediting of CPI and granting of GCTA during preventive imprisonment, otherwise, a
Certificate of Qualification shall be issued provided that the PDL does not fall under
any of the other disqualifications.
3. An Accused who, upon being Summoned for the Execution of Sentence has
Failed to Surrender Voluntarily before a Court of Law - The prison/jail authority
shall administratively ascertain whether the PD court of law for of the Decision her
the PDL has failed to surrender voluntarily before law for the execution of service
of sentence, on the basis e Decision, most recent Order or Bench Warrant issued by
Court. Absent a pronouncement that the PDL failed to ender voluntarily for the
service of sentence, the PDL shall be clarified to the benefits granted by RA No.
10592. In case the PDL and to have failed to surrender voluntarily before a court of
ow for the execution of service of sentence, said PDL shall be disqualified from CPI
and GCTA including that which may have accrued at the time, and the prison/jail
authority shall issue a Certificate of Disqualification for non-crediting of CPI and
granting GCTA during preventive imprisonment.
4. Habitual Delinquent - The prison/jail authority shall ascertain
whether the PDL is a habitual delinquent on the basis of the
Information and Decision of the Court for the previous conviction. For
this purpose, the concerned prison/jail authority shall examine the
Decision and find out if there was a ruling that the PDL is a habitual
delinquent. A PDL who is judicially declared a habitual delinquent by the
Court shall be disqualified from the benefits of RA No. 10592, insofar as
that case is concerned, and the prison/jail authority shall issue a
Certificate of Disqualification
5. Escapee - For purposes of declaring whether the PDL is an escapee, the
prison/jail authorities shall only consider an escape from the provincial jail, BJMP,
BuCor, or any law enforcement agency having custody of a PDL that has been duly
charged in a court of law. In the case of a PDL under preventive imprisonment and
the said PDL escaped from confinement in a correctional facility, the PDL shall
thereafter be disqualified from the benefits of RA No. 10592. In the case of a PDL
serving sentence and in the event that the PDL has escaped from confinement in a
correctional facility and has been found guilty for the crime of Evasion of Service of
Sentence (ESS), the PDL shall thereafter be disqualified from the benefits of RA No.
10592. The concerned law enforcement agency, provincial jail, BJMP or BuCor shall
issue a certification that the PDL is an escapee. The same shall form part of the
PDL's carpeta.
6. Charged and/or Convicted of Heinous Crime - The prison/jail authority shall
ascertain whether the PDL has been charged and/or convicted of heinous crime on
the basis of the Prosecutor's Information and the Decision of the Trial/Appellate
Court which rendered the judgment of conviction. Accessories and accomplices
shall be entitled to the benefits of RA No. 10592, unless otherwise provided in the
decision of the court. If the crime/offense is not included in the following
categories, the crime/offense committed is not a heinous crime. (Section 3,
Chapter 3, DOJ & DILG 2019 Revised Uniform Manual on CPI & Time Allowance of
PDL)
CREDIT FOR PREVENTIVE IMPRISONMENT (CPT)
Who are Qualified and Disqualified for CPI?
A Person Deprived of Liberty (PDL) who has undergom preventive imprisonment shall
be credited either fully or four-fifth (4/5) of the period of detention. (Section 5, Chapter
4, DOJ & DILO 2019 Revised Uniform Manual on CPI & Time Allowance of PDL)

The following PDL shall not be entitled to any credit for preventive imprisonment:
1. Recidivist;
2. An accused who has been convicted previously twice or more times of any crime;
3. An accused who, upon being summoned for the execution of his! sentence has
failed to surrender voluntarily before a court of law;
4. Habitual Delinquent;
5. Escapee; and
6. Those charged of heinous crimes, provided that a PDL who appeals his case may be
qualified in accordance with Section 11.
PDL Qualified to Fourth (4/5) of CPI
Those who have voluntarily signed a Detainees Waiver. However when a PDL
refuses to sign a Detainees Waiver, the same shall be construed and considered as an
implied waiver and can still be entitled to four-fifth (4/5) credit. In case of such
implied waiver, such fact shall be indicated in the Detainees Waiver and certified by
prison/jail authority and attested to by a counsel.

Good Conduct, defined.

Good Conduct refers to the conspicuous and satisfactory behavior of a detention or

convicted PDL consisting of, among others, active involvement in development or
rehabilitation programs, productive participation in authorized work activities or
accomplishment of exemplary deeds coupled with faithful obedience to all prison/jail
rules and regulations, including the non-commission, or non-participation in the
commission of any crime or offense during the period of imprisonment. (Chapter 2,
DOJ & DILG 2019 Revised Uniform Manual on CPI & Time Allowance of PDL)
Good conduct refers to the faithful obedience to all prison/jail rules and
regulations, including the non-commission, or nonparticipation in the commission
of any crime during the period of detention/imprisonment, coupled with:

1 .Conspicuous and satisfactory behavior of a detention or convicted PDL consisting

of, among others, active involvement in developmental or reformatory programs, or
productive participation in authorized work activities; or
2. Accomplishment of exemplary deeds, as may be determined by the prison/jail
authority, not otherwise falling under paragraph (a) of this Section.

However, if the PDL could not participate in developmental or reformatory

programs, or authorized work activities, due to causes hot of the PDL's own doing
or beyond the PDL's control, said PDL shall be entitled to GCTA, provided that there
is faithful obedience to all prison/jail rules and regulations, including the
noncommission, or on-participation in the commission of any crime during the
period of retention/imprisonment. (Section 18, ibid.)
GCTA During Preventive Imprisonment
The good conduct of a detained PDL qualified for preventive imprisonment shall
entitle the said PDL to da provided by RA No. 10592, its Revised IRR and this
Manual from the possible maximum imprisonment.

The following shall not be entitled to any GCTA during imprisonment:

Recidivist;
2. An accused who has been convicted previously twice times of any crime;
3. An accused who, upon being summoned for the execution sentence, has failed
to surrender voluntarily before a court of law;
4. Habitual Delinquent;
5. Escapee; and
6. Charged of heinous crimes.
GCTA During Service of Sentence
The good conduct of a PDL convicted by final judgment in any penal institution, rehabilitation
or detention center or any other local jail shall entitle the PDL to the deductions provided by
RA No. 10592, its Revised IRR and this Manual, as GCTA, from the service of sentence. The
following shall not be entitled to any GCTA during service of sentence:

a. Recidivist;
b. Habitual Delinquent;
c. Escapee; and
d. Convicted of heinous crimes.

Non-entitlement to GCTA for Multiple Violation of Rules and Regulations

The imposition of the penalty for multiple violation of prison rules and regulations shall result
to non-entitlement of the PD GCTA corresponding to the total number of months of the penal
sed by the prison/jail authority
TIME ALLOWANCE FOR STUDY, TEACHING OR MENTORING (TASTM)
What is TASTM?
Allowance for Study, Teaching or Mentoring (TASTM) to a grant of time allowance to a PDL, in addition to
GCTA, for month of study, teaching or mentoring services.

Who are Qualified and Disqualified for TASTM?

At any time during preventive imprisonment or service of sentence, a qualified PDL entitled to GCTA shall, in
addition thereto, be allowed another deduction of fifteen (15) days for each month of study, teaching or
mentoring service.
The deduction provided under this Section shall be given to a qualified PDL who pursues an educational
program, whether formal, vocational or technical, an alternative learning system, or any developmental
course, accredited by prison/jail authority, or who serves a fellow PDL as teacher or mentor while incarcerated.
(Section 25, Chapter 7, DOJ & DILG 2019 Revised Uniform Manual on CPI & Time Allowance of PDL)

The following PDL shall not be entitled to TASTM:

1. Recidivist;
2. Habitual delinquent;
3. Escapee; and
4. Charged and convicted of heinous crimes.
Effect of Appeal
An appeal by a PDL shall not deprive said PDL of entitlement to TASTM.

Study, Teaching or Mentoring

In addition to GCTA, a PDL shall be allowed another deduction of fifteen (15) days for each month of study,
teaching or mentoring service time rendered.

Category 1 - Formal/Non-Formal Education - study basic education and CHED authorized undergradu post-
graduate programs which shall be evidenced monthly certificate of attendance, issued by the te provided that the
PDL has undergone the required attendance for the month.
Category 2 - Technical/Vocational Education - Stu training courses accredited by TESDA, which shall be evidenced
by a monthly certificate of attendance, issued by the instructor; provided that the PDL has undergone the required
attendance for the month.
Category 3 - Developmental/Reformatory Programs - 8 programs other than the above categories, which are
aimed at enhancing the personal growth of the PDL, such as, but not relimited to: psycho-educational counseling;
therapeutice community modality trainings; values formation trainings; advanced first-aid and disaster trainings,
and the like, including technical/vocational or skills training which are not otherwise accredited by TESDA. The
same shall be evidenced by a certificate of attendance to be issued by the facilitator, stating that the PDL has
undergone the required attendance for the month. Service providers, including the proposed developmental or
reformatory courses, shall be subject to an accreditation process by the prison/jail authority, in accordance with
the respective accreditation processes and certified by the welfare and development or reformation officer
2. Teaching - A PDL accredited by prison/jail authority, in accordance with the accreditation
processes of each correctional facility and authorized to teach or mentor, shall be credited an
additional fifteen (15) days deduction for rendering the required teaching service for the month. For
the purpose of crediting time allowance for teaching, the welfare and development or reformation
officer shall issue a Certificate of Teaching which shall form part of the carpeta of the PDL.
3. Mentoring - A PDL who is highly skilled and experienced in any industry, accredited by prison/jail
authority in accordance with the respective accreditation processes and authorized to mentor
developmental or refer entitled to an addition the required mentoring allowance for me reformation
officer shall or reformatory courses to another PDL, shall be an additional fifteen (15) days deduction
for rendering mentoring service for the month. In the grant of time for mentoring, the welfare and
development formation officer shall issue a Certificate of Mentoring which form part of the carpeta
of the PDL. Section 29. Computation STM - In order to be entitled to TASTM, a PDL should earn a
valuative sixty (60) hours of study, teaching or mentoring service within a month.

Computation of TASTM
In order to be entitled to TASTM, a PDL should earn a cumulative sixty (60) hours of study, teaching
or mentoring service within a at month. The accumulated study, teaching or mentoring service time
trendered in excess of the foregoing shall not be carried over to the ensuing month.
SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)
Special Time Allowance for Loyalty (STAL) refers to a grant
accorded a PDL who has escaped confinement or evaded service
of sentence under the circumstances cited in Article 158 of the
RPC, as amended, pertaining to evasion of service of sentence
on the occasion of disorders, conflagrations, earthquakes, or
other calamities, and Surrendered to the authorities within
forty-eight (48) hours following the proclamation announcing
the passing away of the calamity or catastrophe referred to in
the said article, in the form of a deduction of One-fifth (1/5)
from preventive imprisonment or service of sentence or a
deduction of two-fifths (2/5) if the PDL chose to stay in jail or
prison during the existence of the calamity or catastrophe.
Who are Qualified and Disqualified for STAL?
The STAL shall be granted to any qualified PDL who has escaped confinement or
during service of sentence under the circumstances cited in Article 158 of the RPC,
as amended, pertaining to evasion of service of sentence on the occasion of
disorders, conflagrations, earthquakes, or other calamities, and surrendered to the
authorities within forty-eight (48) hours following the proclamation announcing the
passing away of the calamity or catastrophe, or who chose to sat in jail or prison
during the existence of the calamity or catastrophe Revised Uniform Manual on &
Time Allowance of PDL)
The following shall not be entitled to STAL:
a. Recidivist;
b. Habitual Delinquent;
c. Escapee; and
d. Charged or convicted of heinous crimes.
Deductible STAL for PDL
1. A deduction of one fifth (1/5) of the period of sentence shall be
granted to any PDL who, having evaded preventive imprisonment or service of sentence under the
circumstances mentioned in Article 158 of the RPC, as amended, gives up to the authorities within
forty-eight (48) hours following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article.

Requisites of the First STAL

a. The occurrence of disorder resulting from a conflagration,
earthquake, explosion or similar catastrophe or a mutiny in which the prisoner did not participate.
b. The convict must evade the service of his sentence.
c. He must give him up within 48 hours after the issuance of a
Proclamation by the Chief Executive announcing the passing away of such calamity.

2. A deduction of two-fifths (2/5) of the period of sentence shall be granted in case said PDL chose
to stay in the place of confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of the RPC, as amended.
Granting of STAL
Upon conviction where the PDL is conviction by final
judgment, the prison/jail authority is confined shall
direct the MSEC to assess, evaluate mend the granting
of STAL. After approval of the resolution c the
prison/jail authority shall grant STAL by the issuance
using Corrections Cluster Revised Form No. 7, which
part of the carpeta. The prison/jail authority shall then
if the PDL has already fully served sentence, otherwise,
the ll be transferred to BuCor for the completion of the
service.
MANAGEMENT, SCREENING AND EVALUATION COMMITTEE(MSEC)
Creation and Composition of MSEC

The Director General of the BuCor, the Chief of the BJMP or the BIMP Wardens, and
Wardens of the Provincial Jails shall respectively create an MSEC. In the case of the BuCor,
there shall be created an MSEC in every prison and penal farm. There shall be created a
number of MSEC as maybe necessary, to be determined by the prison/jail authority.

Membership in the MSEC shall not be less than five (5) personnel and may include a
representative from the appropriate records office, reformation office or welfare and
development office, discipline office, legal/paralegal, office of the overseer, and if available,
a psychologist and a social worker. A probation and parole officer a prosecutor and a
representative from civil society organization shall be invited to appear as observers during
the deliberations.

The MSEC shall invite representatives from the PPA, National Service (NPS) of the DOJ and
accredited civil society tions to appear as MSEC observers during its deliberations.
Conflict of Interest
Any member of the MSEC who may have a conflict of interest
bias, prejudice, for or against a PDL subject for the
recognition of time credits and the grant of time allowances
shall inhibit from the entire proceeding. In case a member
fails to voluntarily inhibit and another member raises the
issue of inhibition, the committee shall decide whether such
member shall be excluded from the deliberation. When the
membership of the MSEC is reduced to fifty (50) percent or
less the prison/jail authority shall appoint another member
from the concerned offices to constitute a quorum. (Section
40, ibid.)
MSEC Guidelines
The following shall be observed in the assessment, evaluation and recommendation for
the recognition of the time credits and the grant of time allowances:

1. The entitlement of a PDL to time credits and allowances shall be monitored and
reported to the MSEC monthly;
2. The appropriate office or officer shall have the duty to promptly and timely transmit
to the MSEC a list of PDLs who may be qualified for release based on presumptive
entitlement to time credits and allowances. The list shall include the name of the PDI
crime charged or convicted, possible maximum imprisonment penalty imposed,
expected date of release, and such pertinent information as may aid the MSEC in its
assessment evaluation.
3. The said list which shall contain a directive to other offices of the correctional facility
or to any other person to furnish the MSEC any pertinent information that may affect its
deliberations be posted in three (3) conspicuous places within the rectional facility,
and/or uploaded in the agency's website subject to the relevant provisions of RA No.
10173, otherwise known as the "Data Privacy Act of 2012".
Safekeeping of Records and Access to PDL's
Information
The MSEC shall maintain files and keep records of all its
resolutions and documents pertaining to the
recognition of time credits and granting time
allowances of PDL (Section 42, ibid.).
The MSEC shall maintain the integrity of sensitive
personal information contained in the PDL's records
and shall ensure faithful compliance with the
provisions of RA No. 10173, otherwise known as the
"Data Privacy Act of 2012".
CREDITING OF CPI AND GRANT OF TIME ALLOWANCES
Who Credits CPI and Grants Time Allowances
Whenever lawfully justified, the following officials shall recognize CPI and grant time allowances:
1. Director General of the Bureau of Corrections. Only the Director General who shall act on the
recommendations of the MSEC, and the same cannot be delegated to a representative.
2. Chief of the Bureau of Jail Management and Penology (BJMP); and/or
3. Warden of a Provincial, District, City or Municipal Jail.

Crediting of Preventive Imprisonment and Granting of Time Allowances

The concerned prison/jail authority shall credit CPI and grant time allowances of a PDL, at the end of:
The second year of detention or imprisonment;
The fifth year of detention or imprisonment;
3. The tenth year of detention or imprisonment; or
4. The eleventh year of detention or imprisonment and every year thereafter.

The foregoing notwithstanding, the concerned prison/jail authorities shall grant accrued Time Allowances,
as may be necessary, to ensure the prompt and timely release of a qualified PDL based on his presumptive
entitlement to time credits and allowances.
Action on the MSEC Resolution
Acting on the resolution of MSEC, the prison/jail authority concerned shall either:
1. Approve the resolution recommending the recognition of the time credits and the grant of time
allowances to the PDL for the particular period.
2. Disapprove the resolution if the PDL is not qualified/entitled to be granted CPI and other time
allowances.
3. In cases of clerical, inadvertent or mathematical error, including irregularities arising from issues
of inhibition that attended the passage of the MSEC resolution, the prison/jail authority shall
return the resolution with notation or comment. Provided, however, that issues of inhibition shall
be submitted to the prison/jail authority before the resolution is approved. Upon approval, no
other issues shall be entertained except: a) Mathematical error in the computation; or b)
Subsequent discovery of disqualification or non-entitlement of the PDL.
4. In case of approval/disapproval of the resolution, the prison/jail
authority shall issue a corresponding Certification using Corrections Cluster Revised Form No. 7,
which shall form part of the carpeta of the PDL. When a PDL is transferred from one detention
facility to another, i.e. from a provincial jail to another provincial jail/BJMP jail/BuCor, from BJMP
jail to another BJMP jail/provincial jail/ BuCor, and from BuCor to a provincial jail on BJMP jail, the
prison/jail authority shall issue a Summary Credited CPI and Granted Time Allowances using
Correction Cluster Form No. 8, which shall form part of the carpeta of concerned PDL.
Irrevocability of Time Allowances Granted; Exceptions.
Time allowances such as GCTA, TASTM and STAL, once validly granted by the
prison/jail authority to a qualified PDL, shall not be revoked. The CPI and time
allowances granted to a PDL who, upon further determination, is subsequently
found to be disqualified thereto shall be considered void ab initio and shall be
revoked accordingly.

The credited CPI or granted time allowances by reason of mathematical errors

shall likewise be considered void ab initio and shall be revoked accordingly.
(Section 48, ibid.)
Executive Clemency
PARDONING POWER OF THE PRESIDENT
Executive Clemency, Concept
Clemency simply means. A power i public official by the president, to in some way
lower or mode harshness of punishment imposed upon a prisoner. Clem considered
to be an act of grace. It is based on the policy of f justice, and forgiveness. It is not a
right but rather a prevail one who is granted clemency does not have the crime forgot
amnesty, but is forgiven and treated more leniently for the acts. given to a moderate
the Clemency is cy of fairness, privilege and forgotten, as in amnesty as forgiven and
treated more leniently for criminal acts.
Executive Clemency is the power of a President in convictions, to pardon a person
convicted of a crime, commute sentence, or reduce it from death to another lesser
sentence are many reasons for exercising this power, including real del about the guilt
of the party, apparent excessive Sentence humanitarian concerns such as illness of an
aged inmate, to clear record of someone who has demonstrated rehabilitation or
public service, or because the party is a political or personal friend of the President.
It is an executive function and not a function of the judiciary. It is also a
non-delegable power and it can only be exercised by the President of
the Philippines personally (Villena vs. Secretary of the Interior, 67 Phil.
451, 453). The President extends executive clemency for administrative
penalties. The Constitution makes no distinction with regard to the
extent of the pardoning power except with respect to impeachment.
(Llamas vs. Orbos, G.R. No. 99031, Oct. 15, 1991)

Plenary Power of the President to Grant Executive Clemency

Under Section 19, Article VII of the 1987 Constitution, excep in cases of
impeachment or as otherwise provided therein, President may grant
reprieves, commutations and pardons, and re fines and forfeitures, after
conviction by final judgment. He shall have the power to grant amnesty
with the concurrence of a majority of all member of the congress.
Nature of Pardoning Power of the President
The pardoning power of the President is discretionary, may not ntrolled by the legislature or reversed
by the court, unless there institutional violation (Cruz, Philippine Political Law, 2002 ed. pl 20). In
granting the power of executive clemency upon the President section 19, Article VII of the
Constitution does not distinguish between criminal and administrative cases. (Llamas V. Executive
Secretary, G.R. No. 99031, October 15, 1991)
The grant of pardon is an executive clemency that rests exclusively within the sound discretion of the
President and as such it is a private act which must be pleaded and proved by the person pardoned
because the courts take no notice thereof. Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been convicted. It abolishes or forgives the punishment,
and for that reason does not work the restoration of the rights to hold public office, or the rights of
suffrage, unless such rights are expressly restored by the terms of the pardon, and it in no case
exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence.
Object of Pardoning Power
Executive clemency exists to afford relief from undue harshness or evident mistake in the operation
or enforcement of the criminal law (De Leon, Textbook on the Philippine Constitution, 2002 ed., p.
230). 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.
(Sec. 1, Amended Guidelines for Recommending Executive Clemency)
Limitations to the Pardoning Power of the President
The following are the limitations to said power:
1. Cannot be granted in cases of impeachment (Sec. 19, Art. VII, 1987
Constitution)
2. Cannot be granted in violations of election laws with favorable recommendation
of the COMELEC. (Sec. 5, Art.1987 Constitution)
3. Can be granted only after conviction by final judgment amnesty). (Sec. 19, Art.
VII, 1987 Constitution)
4. Cannot be granted in cases of legislative contempt or contempt. (Cruz, Philippine
Political Law, 2002 ed., p. 231)
5. Cannot absolve convict of civil liability.
6. Cannot restore public offices forfeited.
7. A grant of amnesty must be with the concurrence of a majority of all the
Members of Congress.
FORMS OF EXECUTIVE CLEMENCY
The following are the forms of executive clemency under Section 19 of Article VII of the
1987 Philippine Constitution:
1. Reprieve - is the postponement of the execution of a death sentence to a certain
date. (People vs. Vera, 65 Phil. 56, 110 [1937||
2. Pardon - it is an act of grace given by those charged with the power and authority to
execute laws which exempts the individual subject of pardon from the punishment
which the law inflicts for a crime he has committed.
3. Commutation - the penalty is mitigated or reduced. Commutation is a remission of a
part of the punishment; a substitution of a less penalty for the one originally imposed
Commutation of Sentence is the change in the sentence of the court made by the
President which consists in reducing the penalty imposed upon the offender. Such
substitutes the original penalty.
4. Remission of Fines and Forfeitures - it should be noted that remission of fines and
forfeitures merely prevents the collection! of fines or the confiscation of forfeited
property; it cannot have the effect of returning property which has been vested in third
parties or money in the public treasury.
The President can remit a fine or forfeiture only with respect to those within the
interest of the state and not those of private parties whose rights have been vested
and fixed by the judgment Fines and forfeitures already paid to the treasury cannot be
remitted either since any disbursement of funds therefrom require legislation.
Remission refers to an act of liberality by virtue of which, without receiving any
equivalent, the creditor renounces the enforcement of the obligation, which is
extinguished in its entirety or in that part or aspect of the same to which the remission
refers.
Fine is a pecuniary punishment imposed by a lawful tribunal upon a person convicted
of crime or misdemeanor. (Esler vs. Ledesma, 52 Phil. 120)
Forfeiture is the incurring of a liability to pay a definite sum of money as the
consequence of violating the provisions of some statute or refusal to comply with
some requirement of law. It may be said to be a penalty for misconduct or breach of
duty. (Cabal vs. Kapunan, 116 Phil 1366)
5. Amnesty - is an act of grace given with the concurrence of Congress. It is usually
extended to groups of persons who committed political offenses and it abolishes the
offense itself.
Recommendation, Resolution and Certification Clemency of Executive
The President may motu proprio or upon recommendation of the Board or of any
other agency, grants reprieves, commutations and pardons and remit fines and
forfeitures after final judgment. The President may also review, revise, amend,
revoke or affirm the recommendation of the Board; refer any matter pertaining to
executive clemency to the Board or to any other agency.
Under Section 18 of the Amended Guidelines for Recommending Executive
Clemency, at least majority of the sitting members of the Board of Pardons and
Parole (BPP) shall be necessary to recommend the grant of executive clemency.
Said recommendation shall be contained in a resolution of the Board to be
submitted to the Office of the President for his basis.
After due deliberation, the Board, by the vote of at least majority of the sitting
members, hereby recommends to the President of the Philippines the grant of
executive clemency in favor of the above named individual(s) in the form of
absolute pardon, conditional 1 pardon, commutation of sentence, or reprieve; if
commutation, state the period; If reprieve, state the date certain.
Extraordinary Circumstances for Recommending the Grant of Executive Clemency to the President
The Board shall recommend to the President the grant of executive clemency when any of the following
extraordinary circumstances are present:
1. The trial court or appellate court in its decision recommended the grant of executive clemency for the
inmate;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime
committed;
3. Evidence which the court failed to consider, before conviction which would have justified an acquittal of the
accused;
4. Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the commission
of the offense;
5. Inmates who are seventy (70) years old and above whose continued imprisonment is inimical to their health
as recommended by a physician of the Bureau of Corrections Hospital and certified under oath by a physician
designated by the Department of Health (DOH);
6. Inmates who suffer from serious, contagious or life-threatenin illness disease, or with severe physical
disability such as thod 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 DOH;
7. Alien inmates where diplomatic considerations and amity among nations necessitate review; and
8. Such other similar or analogous circumstances whenever the interest of justice will be served thereby.
(Section 3 as amended, Amended Guidelines for Recommending Executive Clemency)
The Supporting Documents to be submitted to the Office of the President
The Board of Pardons and Parole (BPP) shall submit all relevant documents to the
Office of the President along with its resolution recommending the grant of
executive clemency, including the following documents:
1. A summary in matrix form of the following information about the prisoner:
a. Name
b. Crime for which convicted
c. Penalty imposed
d. Actual time spent in prison (not including Good Conduct Time Allowance)

2. If recommended for commutation:

a. Recommended commuted term.
b. Time to be served without commutation.
c. Time to be served with commutation.
3. Statement whether:
a. Convicted (prior or subsequent to conviction of crime for which executive
clemency is sought) for Kidnap for Ransom or any drug-related offense.
b. Previously granted executive clemency.
4. The prisoner's carpeta, prison record, and mittimus or
commitment order.
5. Copy of notice of publication of names of those being considered
for executive clemency.
6. Pertinent minutes of the Board meetings.
7. Such other documents and certification (i.e. physician’s certification, and
recommendation of the Department of Foreign Affair pertaining to foreigners
recommended for executive clemency) in compliance with Sections 3, 4 and 8.
REPRIEVE
Meaning of Reprieve
A reprieve is a withdrawal or withholding of punishment for time after conviction and
sentence and is in the nature of a stavni execution. It postpones the execution of a
sentence to a day certain Usually, it is granted to a prisoner to afford him an
opportunity to procure some amelioration of the sentence imposed.
Generally, reprieve is applied to death sentences already affirmed by the Supreme
Court. But it can also be invoked in other cases that have become final. In death
sentences, the date of execution of the death convict is held in abeyance for certain
period to enable the Chief to temporarily stay execution of sentence.
A president usually resorts to this to resolve all his doubts and reservations and want
to really establish that the convict truly deserve to be executed. The President may not
want to be conscience stricken, if later, it is found out that the executed convict did not
deserve to die. Reprieve is also being widely exercised by the President on almost all
death convicts because of strong pressure from various lobby groups. A reprieve might
be issued for the execution of a prisoner to give time to the prisoner to prove his or her
innocence.
Meaning of Suspension of Sentence.
Suspension of Sentence is defined as the postponement of a sentence for an
indefinite time.
Is Suspension of Sentence the Same as Reprieve?
No. Suspension of sentence is always a part of the judicial power while, reprieve is
always a part of the executive power. The suspension of sentence simply postpones
the judgment of the court temporarily or indefinitely, but the conviction and
liability following! it, and all civil disabilities, remain and become operative when
judgment is rendered. Reprieve on the other hand, is a prerogative exercised by the
President of the Philippines (Executive Clemency). Generally, it is applied to death
sentences already affirmed by the Supreme Court.
Instances when Sentence may be suspended
The following are instances or situations in criminal cases rein the accused, either as an adult or as a
minor, can apply for and/or be granted a suspended sentence:
1. Where the accused became insane before sentence could be
promulgated. (Art. 79, RPC)
2. Where the offender, upon conviction by the trial court, filed an application for probation which has
been granted. (Baclayon vs.
Mutia, 129 SCRA 148 (1984)
3. Where the offender needs to be confined in a rehabilitation center because of drug-dependency
although convicted of the crime
charged.
4. Where the offender is a youthful offender under Article 192, PD 603.
5. Where the crime was committed when the offender is eighteen (18) years of age and he is found
guilty thereof in accordance with R.A. No. 9344, but the trial court subjects him to appropriate
disposition measures as prescribed by the Supreme Court in the
Revised Rule on Children in Conflict with the Law.
6 Suspension of sentence of a First Time Minor Offender under
Article 66 of Republic Act No. 9165.
Suspension of the Execution of Death Sentence
Death sentence shall be suspended when accused is a:
1. Woman, while pregnant;
2. Woman, within one year after delivery;
3. Person over seventy (70) years of age; or
4. Convict who become insane, after final sentence of death has been
pronounced. (Art. 83, RPC)
Take Note: The imposition of the penalty of death is hereby prohibited
by Republic Act No. 9346 otherwise known as "An Act Prohibiting the
Imposition of Death Penalty in the Philippines."
COMMUTATION OF SENTENCE
Meaning of Commutation of Sentence.
Commutation of sentence shall refer to the reduction of the duration of
a prison sentence. It does not forgive the offender but merely reduces
the penalty of life imprisonment or death sentence for a term of years.
Commutation of Sentence is a change of the decision of the court made
by the Chief Executive by reducing the degree of the penalty inflicted
upon the convict, or by reducing the length of the imprisonment or the
amount of the fine.
A commutation of sentence amounts to a reduction of the penalty originally
imposed. Commutation of sentence may take place even without the grantee's
consent. Under the RPC, as amended by RA 7659 (Death Penalty Law) providing for
the re-imposition of the death penalty, commutation of the penalty of death to
reclusion perpetua is provided in cases when a convict is below 18 years of age at
the time of the commission of the crime or over 70 years of age, or when the
required majority vote is not obtained for the imposition of or affirmance of an
imposed death penalty by the Supreme Court En Banc.
Commutation of sentence also benefits inmates sentenced to a fixed or
determinate sentence, which renders him or her ineligible for parole. Commutation
of sentence changes the original fixed sentence to a lesser indeterminate sentence,
which will then enable the beneficiary to be release on parole. Commutation is also
appropria to use with convicts sentenced to several counts.
Circumstances for Recommending Commutation of Sentence
The Board may nonetheless review and/or recommend to the President the grant
of commutation of sentence to an inmate provided the inmate meets the following
minimum requirements of imprisonment:
1. At least 1/3 of the definite or aggregate prison terms.
2. At least 1/2 of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms.
3. At least 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 13 years for inmates whose indeterminate and/or definite prison terms
were adjusted to a definite prison term of 40 years in accordance with the
provisions of Art. 70 of the Revised Penal Code as amended.
5. At least 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 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 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
40 years in accordance with the provisions of Art. 70 of the Revised Penal Code, as
amended.
8. At least 25 years for inmates originally sentenced to death penalty but which
was automatically reduced or commuted to reclusion perpetua or life
imprisonment. (Sec. 4, BPP Resolution No. 24-4-10)
PARDON
Pardon, defined.
Pardon is defined as an act of grace given by those charged with the
power and authority to execute laws which exempts the individual
subject of pardon from the punishment which the law inflicts! crime he
has committed. Pardon is an act of grace, proceeding the power
entrusted with the execution of the laws, which exempnt individual, on
whom it is bestowed, from the punishment the inflicts for a crime it has
committed. It is the private, though official act of the executive
magistrate, delivered to the individual for his benefit it is intended, and
not communicated officially to the court (De Leon vs. Director of Prisons,
31 Phil 64)
.
 Pardon is a form of executive clemency granted by the President of the
Philippines as a privilege extended to a convict as discretionary act of grace and is
exercised with the objective of preventing a miscarriage of justice or correcting a
manifest injustice. Neither the legislative nor the judiciary branch of government
has the power to set conditions or establish procedures for the exercise of this
Presidential prerogative. It is a highly political in nature and is usually granted in
response to popular clamor or to aid in the return to normalcy of a political
situation that might affect the country if not addressed.
A pardon is a deed, to the validity of which deliver is essential and delivery is
not complete without acceptance. The purpose of pardon is to afford relief from
undue harshness or evident mistake in the operation and enforcement of the
criminal law (Monsanto vs. Factoran, Jr., G.R. No. 78239, February 9, 1989)
Kinds of Pardon
1. 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
The President also grants absolute pardon to the imprisoned President he has
deposed. This has happened in many countries around the world. In our
jurisdiction, former President Gloria Macapagal Arroyo granted absolute pardon to
former President! Joseph E. Estrada who was convicted by the Sandiganbayan for
the crime of plunder. Absolute pardon is granted in order to restore full political
and civil rights to convicted persons who have already served their sentence and
have reached the prescribed period for the grant of absolute pardon.
The Purposes of Absolute Pardon are:
a. To right a wrong. Nothing in this world is perfect. Even the administration of
justice can escape this phenomenon.
b. To normalize a tumultuous political situation. Those in power brand critics and
oppositions against an incumbent regime as criminals and subversives.

2. Conditional Pardon - refers to the exemption of an individual, within certain limits or

conditions, from the punishment which the law inflicts for the offense he has committed
resulting in the partial extinction of the criminal liability.
Conditional Pardon delivered and accepted is considered a contract between the
sovereign power of the executive and the convict that the former will release the latter
upon compliance with the condition. In conditional pardon, the condition usually
imposed upon the convict is that "he shall not again violate any of the penal laws of the
Philippines."
Conditional pardon is in the nature of a contract between the Chief Executive and
the convicted criminal; by the pardonee's consent to the terms stipulated in the
contract, the pardonee has placed himself under the supervision of the Chief
Executive or his delegate who is duty bound to see to it that the convict complies
with the conditions of the pardons. (Torres v. Gonzales, No. L76872, July 23, 1987)
Conditional pardon is applicable to inmates who were slapped a fixed or
determinate sentence or a life imprisonment who are, otherwise, not eligible for
parole. It has the nature of a contract in which the pardonee agrees to comply
strictly with the conditioned imposed by the pardon, otherwise, violations of the
conditions will revoke the contract of conditional pardon and the pardonee will be
criminally prosecuted as a violator.
In a conditional pardon, the condition may be less acceptable to the condemned
than the original punishment and may in fact be more onerous. In this respect it
differs from a commutation which is a mere reduction of the penalty, or from a
pardon which is its total remission. (Moreno, Phil. Law Dictionary, 3rd ed., p. 675)
Ways of Extending Conditional Pardon to the Convict a. Through the operation of
the Indeterminate Sentence Law; b. Through the grant of probation under the
Probation Law; and c. Through the exercise of the President motu proprio of the
power under the Constitution.
Similarities of Absolute and Conditional Pardon
A pardon, whether absolute or conditional, is in the nature of a deed, for the
validity of which delivery is an indispensable requisite. Until accepted, all benefits
to the grantee may be cancelled. But once accepted by the grantee, the pardon
already delivered cannot be revoked by the authority which granted it.
Kinds of Pardon during the Spanish Regime
Studies of the Philippine history have mentioned amnesty proclamations made in
the nature of general and special pardons during the Spanish regime granted by
Governor-Generals to include Legazpi (to Rajah Soliman and other chiefs in the
1570s), Polavieja (January 11, 1897), Fajardo, Corcuera and Manrique de Lara,
particularly those granted to Filipino and Chinese insurgents. 1.
1. General Pardon - is a pardon which applies to all person falling within a certain
category. (Villa vs. Allen, 2 Phil 440)
The Proclamation of July 4, 1902, with respect to those offenses which have arisen
out of internal political feuds and dissensions among the Filipinos themselves, such
as the ordinary crimes of murder, robbery, arson, etc., must be regarded in the
nature of a general pardon. (Villa vs. Allen, 2 Phil 440)
2. Special Pardon - is a pardon which is conceded to a single individual for an
ordinary crime. (Villa vs. Allen, 2 Phil 440)
When is Pardon Granted?
Section 19 of Article VII of the present Constitution provides
that: opt in cases of impeachment, or as otherwise provided in
this situation, the President may grant reprieves, commutations,
and as and remit fines and forfeitures, after conviction by final
pardons, and remit judgment"
A pardon granted after conviction frees the individual from all
the penalties and legal disabilities and restores him to all his civil
rights. But unless expressly grounded on the person's innocence,
it cannot bring back lost reputation for honesty, integrity and fair
dealings. (Monsanto vs. Factoran, Jr., supra)
What Agency Recommend to the President the Grant of Pardon?
Pardon may be granted by the President of the Philippines upon the
recommendation of the Board of Pardons and Parole (BPP). The BPP 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 known as The Administrative Code of 1987.
The policy objectives of the BPP are in conformably with the basic
precepts of justice and mercy, to uplift and redeem valuable human
material to economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty. (Sec. 1, Rules and Regulations
of the Board of Pardons and Parole)
What is the Effect of Pardon by the Chief Executive?
1. An absolute pardon extinguishes the criminal liability of the
offender. (Art. 89 par.3, RPC)
2. It does not exempt the offender from payment of the civil
indemnity imposed in the sentence. (Art. 36, RPC)
3. It does not restore the right to hold public office or the right
of suffrage unless such rights are expressly restored by the terms
of the pardon. (Art. 36, RPC)
AMNESTY
Amnesty, Concept
Amnesty, derived from the Greek word amnasthia, has retained the
original general concept of oblivion, although it has evolved into distinct
technical concepts in criminal law, constitutional law and international
law. A sovereign act of forgiveness for past acts, granted by a
government to all persons (or to certain classes of persons) who have
been guilty of crime or delict, generally political offenses - treason,
sedition, rebellion, draft evasion - and often conditioned upon their
return to obedience and duty within a prescribed time.
Amnesty is an act of the sovereign power granting oblivion or a general pardon for
a past offense, and is rarely, if ever, exercised in favor of a single individual, and is
usually exercised on behalf of a certain class of persons, who are subject to trial
but have not yet been convicted. (Brown vs. Walker, 161 U.S. 602)
In one case, the Supreme Court, said amnesty commonly denotes the general
pardon to rebels for their treason and other high political offenses, or the
forgiveness which one sovereign grant to the subject of another, who have
offended by some breach of the law of nations The term "amnesty" belongs to
international law and is applied to rebellions which by their magnitude are properly
within international law but has no technical meaning in the common law. It is a
synonym of pardon. (Villa vs. Allen, 2 Phil. 436, 439 [1903])
Amnesty is a proclamation of the Chief Executive with the concurrence of congress,
and it is a public act of which the courts should take judicial notice. Amnesty looks
backward and abolishes and puts into oblivion the offense itself, it so overlooks and
obliterates the offenses with which he is charged that the person released by
amnesty stands before the law precisely as though he had committed no offense.
(People vs. Casido, G.R. No. 116512, March 7, 1997)
Father Joaquin G. Bernas defines amnesty basically as a general pardon and
submits that what distinguish the two forms of executive clemency (pardon and
amnesty) are simply the number of recipients of the acts of clemency and the
nature of the offense which is their subject. In fact, he opines that what the
President may not grant by amnesty because of the non-concurrence of Congress,
he may grant by individual pardon.
In essence, amnesty is viewed in municipal law, whether in constitutional law or
criminal law as an act of mercy by the sovereign partaking of the nature of an
executive clemency.
Purpose of Amnesty
The purpose of amnesty is to hasten a country's return to political
normalcy by putting behind it the animosities of the past through a
pardon that will open the door to living normal lives for groups of people
targeted by the amnesty. These groups were once involved in political
activities during certain troubled times like war or rebellion and by
making a gesture of the state forgetting past destructive activities of
political dissidents or rebels and allowing them to lead normal lives, the
country in turn will ensure its return to normalcy.
Amnesty Completely Extinguishes Penalty and its Effects
Amnesty looks backward and abolishes and puts into oblivion
the offense itself, it so overlooks and obliterates the offense with
which he charged; that the person released by amnesty stand
before the law wisely as though he had committed no offense.
In one case decided the Supreme Court, it was held that to avail
of the benefits of amnesty proclamation, one must admit his
guilt of the offense covered by the proclamation. (Vera v. People
of the Philippines, 7 SCRA 152)
Amnesty is a public act of which the court should take judicial notice.
Thus, the right to the benefits of amnesty, once established by the
evidence presented, either by the complainant or prosecution or by the
defense, cannot be waive, because it is of public interest that a person
who is regarded by the Amnesty Proclamation, which has the force of
law, not only as innocent, for he stands in the eyes of the law as if he had
never committed any punishable offense because of the amnesty, but as
a patriot or hero, and not be punished as criminal, (Herrera, Remedial
Law IV, 2007 ed., p. 659)
In one case decided by the Supreme Court, it was held that the person
released under an amnesty proclamation stands before the law precisely
as though he had committed no offense. Par. 3, Art. 89 of the RPC
provide that criminal liability is totally extinguished by amnesty; the
penalty and all its effects are thus extinguished. (People v. Patriarca, G.R.
No. 135457, September 29, 2000)
Limitations on the Exercise of Granting Amnesty
1. It cannot be granted in cases of impeachment. (Sec. 19, Art VII of the
Constitution)
2. It cannot be granted in cases of violation of election laws without the favorable
recommendation of the COMELEC. (Sec. 5, Art IX-C)
3. It cannot be granted in cases of legislative contempt (as it would violate
separation of powers), or civil contempt (as the State is
without interest in the same);
4. It cannot absolve the convict of civil liability; and 5. It cannot restore public
offices fortified.
Amnesty during the Spanish Regime
Studies of the Philippine history have mentioned amnesty proclamations made in
the nature of general pardons during the Spanish regime granted by Governor-
Generals to include Legazpi (to Rajah Soliman and other chiefs in the 1570s),
Polavieja (January 11,)
Amnesty during the American Regime
The first amnesty proclamation which took effect in the cou in the twentieth
century was issued by United States of Amerin President Roosevelt on July 4, 1902.
It granted full and completa pardon and amnesty in favor of persons who
committed treason sedition and all other crimes of political character in the course
of the "insurrection" of the Filipinos against the Spaniards, as well as those who
gave aid or comfort to said persons. The proclamation also covered offenses which
grew out of internal political feuds and dissensions between Filipinos and Spaniards
or with the Spanish authorities or among the Filipinos themselves. The only
condition set forth in the terms of the proclamation was the taking of an oath of
allegiance to the United States of America.
The proclamation, deemed as a "wise and humane" act "conducive to peace, order
and loyalty," excluded the following from its coverage:
1) Persons committing crimes since May I, 1902 in any province where the civil
government is already established; and
2) Those convicted of murder, rape, arson, or robbery by any military or civil
tribunal organized by the Spanish or American authorities, unless they have
applied for and were granted pardon.
In spite of these exclusions, however, it is still, in essence, the only general amnesty
which took effect in the Philippines so far because the grant covered not only those
offenses which arose from the revolution against Spain but also those which grew
out of internal dissensions. Furthermore, the amnesty applied to all areas which
came under the jurisdiction of the American government. This power to grant
pardon and reprieve was later extended to the Governor General of the Philippine
Islands under the Jones Law in 1916.
The 1935 Constitution, after the draft by a Constitutional Convention received the
approval of the President of the United States and the ratification of the Filipino
electorate, established the Philippines as a Republican State and provided that: The
President shall have the power to grant amnesty with the concurrence of the
National Assembly.
Distinguish Philippine Amnesty from American Amnesty
Basically, amnesty as it has been utilized and understood in Philippine history, is
taken as having the same nature and effect as its American counterpart. The only
difference is in the source of the power to grant amnesty, wherein, amnesty in the
Philippine is granted by the Chief Executive with the concurrence of Congress,
while amnesty in America is deemed included in the pardoning power of the
President.
Under American constitutional law, amnesty is defined as "an exercise of the
sovereign power by which immunity to prosecution is granted by wiping out the
offense supposed to have been committed by a group or class of persons prior to
their being brought to trial.” By express provision, grant of amnesty takes the form
of a general pardon by virtue of presidential proclamations without the
concurrence of Congress.
As practiced in the USA, an amnesty in favor of a class or classes of persons
accused of certain offenses against the State is deemed to constitute an act of
oblivion, obliterating not just the penalty but the offense itself. This was the effect
of the amnesty proclamation issued in 1863 by US President Abraham Lincoln
following the Civil War in the US, and during the Vietnam conflict in the 1970s to
favor those guilty of violating the Military Selective Service Act amidst strong
opposition from different sectors.
In the 1987 Philippine Constitution particularly Section 19, para. 2, the power to
grant amnesty is expressly provided and granted to the President subject to the
concurrence of a majority of the members of Congress. Philippine Presidents have
used amnesty to restore unity and harmony in society after divisive issues polarized
Philippine society.
Throughout Philippine constitutional history, except the period of American
military occupation of the islands, the power to grant amnesty has always been
expressly provided for as a power shared by both the executive and the legislative
branches of government
List of Amnesty Proclamations, Presidential Decrees and Issuances by Philippine
Presidents after the Japanese Invasion
1. Proclamation No. 8 - President Manuel Roxas granted an amnesty to guerilla and
resistance fighters on September 7, 1946. The amnesty sought to recognize such
persons no criminals but as patriots and heroes who have rendered invaluable
service to the nation. A Guerilla Amnesty Commission was formed by virtue of
Administrative Order No. 11 (October 21, 1946) to which those who sought to avail
of the amnesty must apply. Six additional commissions known as the Philippine
Army Amnesty Commissions, which were to take cognizance of the cases of
persons subject to military law and falling within the terms of the proclamation,
were created later through Administrative Order No. 17 (November 15, 1946).
2. Proclamation No. 51 - dated January 28, 1948, by President Roxas,
granting amnesty to those who collaborated with the enemy during World
War II.
3. Proclamation No. 76 - issued by President Elpidio Quirino on June 21, 1948
granted conditional amnesty limited to leaders and members of the groups
Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) and Pambansang Kaisahan
ng mga Magbubukid (PKM)
4. Proclamation Nos. 81 and 86 - were thereafter issued (15 and 31 July
1948, respectively) extending the original period up to August 15, 1948.
5. Proclamation No. 164 - issued on January 4, 1950 by President Quirino granting
conditional and limited amnesty to Francisco Medrano (a supporter of President
Laurel) and the other participants of the uprising, whom the President regarded as
motivated by a mistaken belief that they had just grievances against the duly
constituted authorities which could be redressed by armed resistance. The
proclamation covered the crimes of rebellion, sedition and disloyalty committed by
the said persons subject to their surrender to the provincial authorities and the
laying down of arms and ammunitions.
6. Republic Act No. 810 - Authority of Guerilla Amnesty Commission to hear
amnesty anplications, issued on June 24 1952.
7. Proclamation No. 95 - Declaring amnesty to persons penalized because of their
political or religious belief issued on January 11, 1973
8. Proclamation Decree No. 497 - Granting amnesty to all Filipino Muslims
penalized for their resistance to authorities issued on
9. June 28, 1974. 9. Proclamation Order No. 571 - was issued on November 1, 1974
granting amnesty in favor of officers and ranking leaders of the CPP, PKP, HUKs
(which became the Hukbong Mapagpalaya ng Bayan [HMB]), Malayang Samahan
ng Magsasaka (MASAKA), Malayang Pagkakaisa ng Kabataang Pilipino (MPKP) and
Samahang Pambansa ng Kababaihan sa Pilipinas (SPKP) who indicated their desire
to return to the folds of the law and cooperate with the program of the New
Society.
10. Proclamation Decree No. 571-A - granting amnesty to politicalexpatriates,
issued on November 2, 1974.
11. Tripoli Agreement - pursuant to these Agreement signed in Tripoli, Libya on
December 23, 1976, a limited and conditional amnesty was granted in favor of the
leaders, members and/or sympathizers of the MNLF and the Bangsa Moro Army on
February 2, 1977 with a view of attaining the objectives of the peace-making
efforts of the government and encouraging dissidents to return to the folds of the
law.
12. Presidential Decree No. 1429 - was issued by President Marcos on June 10,
1978 which granted conditional amnesty to persons arrested and/or charged, or
although not arrested and/or charged who may have committed acts which made
them liable for, rebellion, sedition, subversion, illegal possession of firearms and
other crimes committed in furtherance thereof.
13. Presidential Decree 1745 - In view of the many cases of simple illegal
possession of firearms and ammunitions filed in court, President Marcos issued this
decree on November 20, 1980 granting amnesty to persons who were under arrest
and/or Investigated for, charged with, or convicted of, the said crime who applied
therefor in writing to the proper authorities with three months from the date of
the decree.
14. Proclamation No. 80 - the amnesty issued by President Corazon Aquino to
persons who, in furtherance of their politics beliefs, committed acts penalized
by existing laws issued February 28, 1987. The proclamation granted amnesty
to! persons who may have committed crimes in furtherance of political
beliefs, but it covered only those "not being in the custody of, or charged by,
or undergoing investigation by the constituted authorities."
15. Memorandum Circular 105 - processing of amnesty manifestation
forms of rebel returnees, issued on September 26, 1989.
16. Executive Order No. 350 - guidelines governing processing of
amnesty manifestation forms of rebel returnees, issued on March! 13,
1989.
17. Proclamation No. 10 – issued on July 27, 1992 by President Fidel V.
Ramos granting amnesty to persons who have filed or will still file
applications for "Cory grants amnesty to rebels," which was published by
the Philippine Daily Inquirer on March 1, 1987.
18. Proclamation No. 10-A - was issued to cover a total of 4,485 returnees whose
applications were not acted upon under the Aquino Administration. It also
established the National Unification Commission (NUC), which was an advisory
body tasked to hold consultations with the people, including all rebel groups, as
well as the AFP, and the PNP, and to recommend to the President a viable general
amnesty program and process which will lead to a just, comprehensive and lasting
peace.
19. Proclamation No. 347 - by its express terms, seeks to hasten the peace process
and to reintegrate, as soon as possible, all rebels and insurgents into the
mainstream of society, including those who had been charged or convicted.
20. Proclamation No. 348 - granting amnesty to certain AFP and PNP personnel
who committed acts in connection with counter insurgency options issued on
March 25, 1994. By virtue of this proclamation is the creation of the National
Amnesty Commission (NAC), a body tasked with determining who among the
applicants are qualified for amnesty
21. Proclamation No. 723 - Granting amnesty to members and supporters of the
Rebolusyonaryong Alyansang MakabansaSoldiers of the Filipino People-Young
Officers' Union (RAM-SFPYOU) issued on May 17, 1996.
22. Executive Order No. 299 - this was issued for the National Amnesty Commission
to verify, process, and determine RAM-SFP
YOU members to be granted amnesty issued on May 17,1996.
23. Proclamation No. 21 - Amending Proclamation No. 347 (s. 1994) re: grant of
amnesty to rebel, insurgents etc., issued on September 23, 1998.
24. Proclamation No. 390 - Granting amnesty to MILF members who committed
crimes in furtherance of their political beliefs
issued on September 29, 2000.
25. Proclamation No. 405 - Granting amnesty to rebels who committed crimes in
furtherance of their political beliefs issued on October 26, 2000.
26. Proclamation No. 1377 - Grant of amnesty to members of the CPP-NPA-NDF
and other communist rebel groups issued on September 06, 2007.
27. Proclamation No. 50 - was issued on October 11, 2010 by President Benigno S.
Aquino III granting amnesty to certain active and former personnel of the AFP and
their supporters, who have or may have committed acts or omissions punishable
under the RPC, the Articles of War or other special laws in connection with, in
relation or incident to the July 27, 2003 Oakwood Mutiny, the February 2006
Marines Stand-Off and/or the November 29, 2007 Manila Pen Incident and related
incidents.
Congress, by a majority of each chamber, will now deliberate on whether to pass a
Concurrent Resolution. The amnesty is effective on the date of signing; what
Congress is essentially deciding is if it will revoke the amnesty or not. Passage of a
Concurrent Resolution is essentially affirmation of the amnesty by each chamber of
the legislature.
Under the amnesty in Proclamation No. 50, the concerned AFP! personnel and their
supporters may apply for amnesty under the Proclamation with the Department of
National Defense (DND), which will receive and process the applications and determine
whether the applicants are covered. Decisions can be appealed to the Office of the
President. The amnesty covers the period of ninety (90) days following the date of the
publication of the Proclamation in two (2) newspapers of general circulation.
The Effects of the Amnesty Proclamation No. 50 issued by President Benigno S.
Aquino III
1. To extinguish any criminal liability for acts committed in relation to, in
connection with or incident to the July 27, 2003 Oakwood Mutiny, the February
2006 Marines Stand-Off and the November 29, 2007 Manila Pen Incident without
prejudice to the grantee's civil liability for injuries or damages caused to private
persons.
2. To effect the restoration of civil and political rights or entitlement that may have
been suspended, lost or adversely affected by virtue of ant executive action and/or
administrative criminal action or proceedings lodged against the grantee in
connection with the subject incidents, including criminal conviction or any form, if
any.
3. All enlisted personnel of the Armed Forces of the Philippines
(AFP) whose applications for amnesty would be approved shall be entitled to
reintegration or reinstatement, subject to existing laws and regulations. Officers of the
AFP on the other hand shall not be entitled to reintegration or reinstatement into the
service.
4. The amnesty shall reinstate the right of AFP personnel to retirement and separation
benefits, if so qualified under existing! laws and regulations at the same time of the
commission of the acts for which the amnesty is extended.
Distinguish Amnesty from Pardon
1 A special form of pardon exercised by the President of the Republic is amnesty.
While pardon is likewise issued by the President and is also political in nature, it is
an exclusive act of the President where the court and Congress has no say
whatsoever.
2. Amnesty operates objectively with respect to the crime, and by virtue thereof
the latter should be regarded as wiped out, pardoned and forgotten. It is in this
that an amnesty is distinguished from an ordinary pardon, which is more of a
subjective character and solely affects the person pardoned and is granted upon
the supposition of the actual existence of the crime.
3. A pardon is very different in its character and effect from an amnesty, which is
much more favorable in every respect to those benefited thereby. The effects and
legal consequences of an amnesty are entirely distinct from and cannot be legally
confused with those of a pardon. (Villa vs. Allen, 2 Phil. 440)
4. In amnesty, it obliterates/wipes out all the effects of a crime. Consequently, the convict is deemed
innocent as if no crime was committed at all; in absolute pardon, it excuses the convict from serving the
sentence but does not erase the effects of conviction (unless the pardon was granted when the convict
had already served the sentence such as there is no more service of sentence).
5. Amnesty may be granted even if the offender has not yet been convicted by virtue of a final judgment;
it may be given before or after final judgment. On the other hand, for absolute pardon to be valid, there
must already be a sentence which is final and executor.
6. Amnesty is a public act which requires the concurrence of Congress (House of Representative and the
Senate); while absolute pardon is a private act of the Chief Executive.
7. Amnesty is given to a class or group of offenders, while absolute pardon is given to an individual
convict. Amnesty is extended only to offenders of political crimes while absolute pardon may be granted
whether the crime is political or non-political
The National Amnesty Commission (NAC)
The National Amnesty Commission (NAC) is the primary agency tasked with
receiving and processing applications for amnesty and determining whether the
applicants are entitled to amnesty under any proclamation of granting of amnesty
by the President created virtue of Proclamation No. 347, dated 25 March 1994.
Pursuant to its functions, it has the power to promulgate rules and regulations
subject to the approval of the President. Final decisions or determinations of the
NAC are appealable to the Court of Appeals.
However, by virtue of Executive Order No. 415 issued by President Gloria
Macapagal Arroyo on March 22, 2005, the NAC is hereby abolished. As provided
therein, the term of the NAC, created under Proclamation No. 347, is hereby
deemed expired in view of the completion of its assigned tasks as provided by
Section 4 thereof. All assets, liabilities, chooses in action, equipment, facilities,
funds, records and other properties of the NAC are hereby transferred to the Office
of the Presidential Adviser on the Peace Process (OPAPP). (Sections 1&2, EO No.
415)
PAROLE SYSTEM
INDETERMINATE SENTENCE
Indeterminate Sentence, Concept
Indeterminate sentence is a sentence with a minimum term and a maximum term,
which the court is mandated to impose to the benefit of a guilty person who is not
disqualified. It applies to both violations of the Revised Penal Code and special
laws.
As a rule, it is intended to favor the accused particularly to shorten his term of
imprisonment, depending upon his behavior and his physical, mental, and moral
record as a prisoner to be determined by the Parole Board.
The indeterminate sentence removes length of sentence from jurisdiction of the
court, passing the authority to a parole board of several members, who are ideally
supposed to be experienced students of human behavior and of rehabilitation.
Distinguish Indeterminate Sentence from Determinate Sentence
An Indeterminate Sentence is a sentence imposed for a crime that isn't given a
definite duration. The prison term does not state a specific period of time or
release date, but just a range of time, such as "five-to-ten years."
As compared to Determinate Sentence which is a sentence of confinement for a
specific or minimum period specified by statute. The period fixed by the statute is
not negotiable. A convicted person could serve more than the determinate
sentence but not less. Actual limits of determinate sentence are determined at the
time the sentence is imposed. Origin and Development of Indeterminate Sentence
The indeterminate sentence originated as a means of securing social protection
against offenders; it was occasionally used in the middle ages and seems to have
been introduced for this purpose into the Carolina (1732).
PHILIPPINE INDETERMINATE SENTENCE LAW (ISLAW)
Indeterminate sentence and parole were introduced in our
penal and correctional system on December 5, 1933 with the
approval of Act No. 4013 entitled "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." Except for a few minor
amendments the original provisions of the law have survived.
 Purpose of the Indeterminate Sentence Law (ISLAW)
The purpose of the law is to uplift and redeem valuable human material
and prevent unnecessary and excessive deprivation of personal liberty
and economic unusefulness. (People v. Onate, 78 SCRA 43)
The ISLAW provides for an indeterminate sentence which has a
minimum and a maximum. After the prisoner has served the minimum,
depending upon his conduct and behavior during confinement, he may
be released on parole. The law, therefore, encourages the prisoner to
reform. Once released on parole, provided the conditions are not
violated, he will no longer serve the remainder of the sentence. The law
hence treats the accused first as a individual and second as a member of
society. It shortens his ta of imprisonment, depending upon his behavior.
Objectives of the ISLAW
The objectives of the law are to:
1. Avoid prolonged imprisonment of convicts resulting in economic wastefulness;
2. Decongest the jails by having the convicts serve their sentences outside of
prison;
3. Save the government of the expenses necessary to maintain these prisoners in
confinement; and
4. Promote reformation of the prisoner by having him under the supervision of
parole officer.
Application of the Indeterminate Sentence Law
The ISLAW applies in cases where the penalty imposed is more! than one year.
Likewise, it shall apply where there is a minimum penalty which is not lower than
the penalty next lower in degree provided by law and the maximum not higher that
the maximum penalty provided by law in cases of felonies but when it comes to
statutory offenses, it must be lower than the minimum penalty provided by law
and not higher than the maximum penalty provided by law.
Under What Circumstances is the ISLAW Not Applicable?
The Indeterminate Sentence Law does not apply to:
1. Persons convicted of offenses punished with death penalty or life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition or espionage.
4. Those convicted piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from confinement or evaded sentence.
7. Those who violated the terms of condition them by the Chief Executive. violated the terms of
conditional pardon granted to
8. Those whose maximum term of imprisonment one year 3, had
9. Those who, upon the approval of the law (December 3, 1933) been sentenced by final judgment.
10. Those sentenced to the penalty of destierro or suspension. (Sec. 2, Act No. 4013)
Factors Considered in Granting Parole to an Offender with an Indeterminate
Sentence
1. The original recommendation of the sentencing judge and prosecutor.
2. the length of time an offender has served on the conviction to date.
3. any aggravating or mitigating factors or circumstances relative to the crime of
conviction.
4. The offender's entire criminal history.
5. All available information from the victim or the victim's family, to include
comment on the impact of the crime, concerns about the offender's potential
release and requests for conditions if the offender is released.
6. Participation in or refusal to participate in available programs or resources designed to
assist an offender in reducing the risk of reoffense.
7. The risk to public safety.
8. Serious and repetitive disciplinary infractions during incarceration.
9. Evidence of an inmate's continuing intent or propensity to engage in illegal activity
(e.g., victim harassment, criminal conduct while incarcerated, use of illegal substances.)
10. Statements or declarations by the offender that he/she intends to reoffend or does
not intend to comply with conditions of parole.
11. Evidence that an inmate presents a substantial danger to the community if released.
Rules in Determining the Maximum and Minimum Term of the Indeterminate
Sentence
1. If the crime is a Violation of the Revised Penal Code:
a. Maximum Term - arrived at by taking into account attendant circumstances
according to Article 64 of Revised Penal Code (RPC).
b. Minimum Term - shall be within the range of the penal next lower by one degree
than the imposable penalty for the crime committed.
2. If the crime committed is a Violation of a Special Law (without adopting the
nomenclature of penalties under the RPC) - both the minimum and the maximum
term shall be fixed by the court within the range prescribed by the special law:
a. Maximum Term - not higher than the maximum period of the penalty fixed by
the special law.
b. Minimum Term - not lower than the minimum period of the penalty fixed by the
special law.
3. If the crime committed is a Complex Felony the penalty imposable is always the
penalty for the higher offense to be imposed in its maximum period regardless of
the presence of any mitigating or aggravating circumstances.
Application of ISLAW in Mitigating Circumstances
There are two (2) cases to take note of:
1. The Gayrama Rule - The rule provides that, the basis for going down by one (1)
degree is, if the penalty is prision mayor maximum, one (1) degree lower is prision
mayor medium. Hence. based on Indeterminate Sentence Law, the duration is
prision mayor minimum to medium.
2. The Gonzales Rule - The rule also provides that, the basis of going down by one
(1) degree is to go down one whole degree. In the same example above, one (1)
degree lower now is now prision correction. The duration based on Indeterminate
Sentence Law is arresto mayor to prision correctional.
Note Bene: The correct rule that we are adopting now is the Gayrama Rule. This is
also applied to special aggravating, quasi-recidivism, error in personae.
Four Steps on How to Fix the Indeterminate Sentence
1. Determine the crime committed and the penalty imposed by the Revised Penal
Code (RPC) or special laws.
2. Fix the proper degree by determining if Article 64 paragraph 5, (two or more
mitigating and no aggravating), Article 68 (minority) and Article 69 (incomplete self-
defense) under the RPC are present. Lower the penalty by degree or degrees.
3. Fix the minimum penalty by lowering the penalty by one degree from the
penalty imposable or from the proper degree if step number 2 is applicable. This is
the basis of the minimum without reference to any particular period.
4. Fix the maximum period by going one degree higher from the minimum and look
for remaining mitigating or aggravating circumstance if any. Apply the rules on
offsetting in Article 64 of the RPC. (Paredes and Ortega Lecture Fusion, Criminal
Law Review, 2008 Edition)
Outline of the Rules and Provision of Law as Basis for the Fixing of Indeterminate
Sentence
1. Article 64 of the Revised Penal Code - Rules for the Application of Penalties, which
contain Three Periods:
a. No aggravating and no mitigating - medium period.
b. Only mitigating - minimum period.
c. Only aggravating - maximum period.
d. Where there are aggravating and mitigating - the court shall offset those of one
class against the other according to their relative weight.
e. Two or more mitigating and no aggravating - penalty next lower, in the period
applicable, according to the number and nature of such circumstances.
f. No penalty greater than the maximum period of the penalty prescribed by law shall
be imposed, no matter how many aggravating circumstances are present.
g. The court can determine the extent of the penalty within the limits of each period,
according to the number and nature of the aggravating and mitigating circumstances
and the greater or lesser extent of the evil produced by the crime.
2. Article 68 of the Revised Penal Code - Penalty to be Imposed upon a Person
under Eighteen Years of Age. When the offender is a minor under eighteen years
and his case is one coming under the provisions of the paragraph next to the last of
Article 80 of this Code, the following rules shall be observed:
a. Upon a person under 15 but over nine (9) years of age, who is not exempted
from liability by reason of the court having declared that he acted with
discernment, a discretionary penalty shall be imposed, but always lower by two
degrees at least than that prescribed by law for the crime which he committed
b. Upon a person over 15 and under 18 years of age the penalty next lower than
that prescribed by law shall be imposed, but always in the proper period.
3. Article 69 of the Revised Penal Code - Penalty to be imposed when the Crime
Committed is not wholly excusable. A penalty lower by one or two degrees than
that prescribed by law shall be imposed if the deed is not wholly excusable by
reason of the lack of some of the conditions required to justify the same or to
exempt from criminal liability in the several cases mentioned in Articles 11 and 12,
provided that the majority of such conditions be present. The courts shall impose
the penalty in the period which may be deemed proper, in view of the number and
nature of the conditions exemption present or lacking.
Distinction between Degrees of Penalty from Period of Penalty
A degree is one entire penalty, one whole penalty or one unit of
the penalties enumerated in the graduated scales provided in
Article 71 of the Revised Penal Code. Each of the penalties of
reclusion perpetua, reclusion temporal, prision mayor, etc.,
enumerated in the graduated scales of Article 71, is a degree. A
period is one of the three portions, called minimum, medium,
and maximum, of a divisible penalty.
Scale and Ranges of Penalties from which to take a Penalty Lower or Higher by One or More
Degrees
1. Death - In view of the prohibition of the death penalty under Republic Act No. 9346, it is no
longer included in the Scale of Penalties under Article 71 of the Revised Penal Code. (People vs.
Bon, G.R. No. 166401, October 30, 2006)
2. Reclusion Perpetua - 20 years, 1 day to 40 years, after serving 30 years, he may be pardoned.
3. Reclusion Temporal - 12 years and 1 day to 20 years.
a. Minimum: 12 years and 1 day to 14 years and 8 months
b. Medium: 14 years, 8 months and 1 day to 17 yrs. and 4 months
c. Maximum: 17 years, 4 months and 1 day to 20 years
4. Prison Mayor - Six (6) years and 1 day to 12 years.
a. Minimum: 6 years and 1 day to 8 years
b. Medium: 8 years and 1 day to 10 years
c. Maximum: 10 years and 1 day to 12 years
5. Prison Correctional and Destierro - Six (6) months and 1 day to 6 years.
a. Minimum: 6 months and 1 day to 2 years and 4 months
b. Medium: 2 years, 4 months and 1 day to 4 years and 2 months
c. Maximum: 4 years, 2 months and 1 day to 6 years
6. Arresto Menor - One (1) month and 1 day to 6 months
a. Minimum: 1 month and 1 day to 2 months
b. Medium: 2 months and 1 day to 4 months
c. Maximum: 4 months and 1 day to 6 months
7. Public Censure
8. Fine
PAROLE
Parole, Conc
Parole refers to the conditional release of a prison correctional
institution after he has served the minimum of his sentence. Parolee is
the prisoner who is released on parole Supervision refers to the
supervision/surveillance by the Probe and Parole Officer of a Parolee.
(Rule 1.2, Board of Pardons and Operational Manual)
Parole as defined in the 1957 National Conference on Parole is the
method of selectively releasing an offender from an institution prior to
completion of his maximum sentence, subject to conditions specified by
the paroling authority, a method whereby society can be protected and
the offender can be provided with a continuing treatment and
supervision in the community.
 Parole may have different meanings depending on the field and
judiciary system. All of the meanings originated from the French parole
d'honneur ("voice", "spoken word", or "word of honor"). Following its
use in late-resurrected Anglo-French chivalric practice, the term became
associated with the release of prisoners based on prisoners giving their
word of honor to abide by certain restrictions.
Paroles are ways in which criminals are supervised in order to
determine whether they are likely to commit the same crime or any
other crime during this time period, if they do commit a crime du this
period then they are sent back to prison to serve a jail term, bo
probations and paroles are set to determine the rehabilitation level a
convict and whether the convict is fully rehabilitated and whether he or
she can live with the society without committing crimes.
 Parole is a privilege where one is eligible to parole if the prisoner receives a
minimum and maximum sentence and after serving the minimum sentence the
parole board may decide to put him or her under parole after a consideration
hearing, this is in contrast with probation where it's determined by the judge.
Paroles are granted to convicts by the parole board, when the parole board feels
that a certain individual who has served his minimum term is responsible and can
join the community under supervision; on the other hand probations are imposed
by the judge as part of the sentence.
Parole is freedom extended to incarcerated offenders even before the expiration of
his sentence if the offender can show that he has been converted into a
respectable, law-abiding citizen. Unrepentant offenders, on the other hand, who
have not made significant progress in their treatments, can be retained until their
correction is accomplished. A parolee continues to receive treatment even when
he is already in the outside. He remains supervised by a parole officer from the
Probation and Parole Administration who is tasked with monitoring his movements
and provides necessary assistance and support ranging from personal counseling
and therapy to help in looking for employment.
Component of Parole
Parole is a more serious condition than probation, partly because parolees
have spent time in prison prior to parole release, and partly because of the more
serious nature of the crimes required to be Sentenced to prison. Parole includes
several components:
1. A process for considering the appropriateness of an eligible offender's release
from prison to community supervision prior to the expiration of his or sentence.
2. A period of community-based supervision after a prison term, through which
the corrections system can maintain control over the offender, provide assistance
in his or her transition to the community, provide continued treatment
programming, and monitor his or her successful adjustment to life outside the
institution or return him or her to prison if public safety is threatened.
3. A power vested in a person or group to make informed release decisions for
individual offenders, once the offender has reached parole eligibility. (McCarthy,
Mc Carathy Jr, & Leone, p. 121)
HISTORY OF THE PAROLE SYSTEM
The origin of parole can be associated with the work of a number of individuals who
headed prisons; they include Brockway Zebulon in the year 1867, Alexander Maconochie
in the year 1840 and Walter Crofton in the year 1854. Brockway Zebulon runs the Elmira
penitentiary in the New York while Alexander Maconochie was the governor of the Norfolk
Island prison, and Walter Crofton was the governor of the Irish prison. All the above
contributed to the introduction of parole system in the prison system.
Conditional release made its first appearance in the ticket-of leave system used in the
Australian Penal Colonies. The system was greatly improve by Alexander Maconochie (11
February 178725 October 1860) a Scottish naval officer, geographer, penal reformer and
considered as the “Father of parole," and the governor of the Norfolk Island which is
located off the coast of Australia. He introduced the modern idea of parole when, in 1840,
he was appointed superintendent of the English penal colonies in Norfolk Island, Australia.
He developed return to society that involved three grades. The first two consisted
promotions earned through good behavior, labor, and study. The third grade in the system
involved conditional liberty outside of prison while obeying rules. A violation would return
them to prison and starting all over again through the ranks of the three-grade process.
 Sir Walter Crofton, the governor of the Irish prison introduced a prison structure
whereby prisoners who arrived in jail were first put under strict imprisonment, then
through conditional release and finally freedom, the movement from one stage to
another depended on the amount of points prisoners would earn. Crofton provided
prisoners with a chance to work in the community for a period of time prior to release.
According to this concept, offenders are allowed to work at jobs in the community and
still receive the benefit of certain programs available at an institution.
Paroles in the united states were introduced by Brocku Zebulon in the year 1876 as a
way to reduce jail overcrowding and the same time as a way to rehabilitate prisoners by
encouraging them to win their way out of prison through good behavior, involves the
supervision of a criminal after serving part of jail term and the convict is allowed to live in
the community under supervision, the parole period is dependent on the decisions made
by the board of parole violation of parole will result into re-imprisonment of the convicti
Broakway, who become Superintendent of the Elmira Reformatory in 1876, incorporated
the concepts of the indeterminate sentence, parole, and the earning of good-time credits
into his program for youthful offenders at Elmira. He also persuaded the New York state
legislature to pass an indeterminate sentencing law, which shifted the authority for
determining the time prisoners served from the judiciary to correctional officials.
Advantages for Paroles
There are a few distinct advantages to both the prisoner and the community when paroles are
given.
1. Behavioral Aspect - Persons who undergo the parole process are less likely to re-offend and
return to criminal behavior. Parole programs are designed to help offenders reintroduce
themselves to society. Once an offender has learned to behave in a way that is acceptable by
society, he is able to continue this behavior and survive. Successful parole programs decrease
the recurrence of criminal behavior, which is beneficial to both the parolee and to society as a
whole.
2. Economy Aspect - Paroling a prisoner puts that person back on the street, making her able to
earn a living to sustain himself. The parolee is no longer a ward of the state and dependent upon
the government's money. This is an economic advantage to the national government. The
taxpayers' money can then be routed to another area of need.
3. Incentive Aspect - Giving prisoners a chance at parole is an incentive for them. Striving to
reach parole means they are better, more well-behaved prisoners who are reaching for a goal.
They are following the rules of the prison and participating in prison programs to change their
behavior and outlooks on life in general. Prisoners with a chance for parole are able to see an
end to their sentence. This is a powerful incentive to stay out of trouble and complete various
training and educational programs. This is an advantage to both society and the prisoner.
Eligibility for Review of a Parole Case
An inmate's case may be eligible for review by the board provided:
1. Inmate is serving an indeterminate sentence the maximum period of
which exceeds one (1) year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. 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.
4. Inmate has no pending criminal case; and
5. Inmate is serving sentence in the national penitentiary, unless the
confinement of said inmate in a municipal, city, district or provincial jail is
justified. (BPP, Resolution No. 24-4-10)
Disqualifications for Parole
Pursuant to Section 2 of Act No. 4103, as amended, parole shall not be
granted to the following inmates:
1. Those convicted of offenses punished with death penalty imprisonment.
2. Those convicted of treason, conspiracy or proposal to con treason or
espionage.
3. Those convicted of misprision treason, rebellion, sedition or d'etat.
4. Those convicted of piracy or mutiny on the high seas or Philippine waters.
5. Those who are habitual delinquents, i.e., those who, within a period of 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.
6. Those who escaped from confinement or evaded sentence.
7. Those who having been granted conditional pardon by the President of the
Philippines shall have violated any of the terms
thereof.
8. Those whose maximum term of imprisonment does not exceed one (1) year or
those with definite sentence.
9. Those convicted of offenses punished with reclusion perpetua, or whose
sentences were reduced to reclusion perpetua by reason of Republic Act No. 9346,
An Act Prohibiting the Death Penalty, enacted on June 24, 2006, amending
Republic Act No. 7659, The Death Penalty Law dated January 1, 2004.
10. Those convicted for violation of the laws on terrorism, plunder and
transnational crimes. (BPP, Resolution No. 24-4-10)
Consideration in the Grant of Parole
The Board may grant a prisoner parole based on reports
regarding the prisoner's work and conduct and on the study
and! investigation by the Board itself and it finds the following!
circumstances are present:
1. That the prisoner is fitted by his training for release;
2. That there is a reasonable probability that, if released, he will
live and remain at liberty without violating the law; and
3. That his release will not be incompatible with the welfare of
society. (Rule 2.9, BPP Operational Manual)
BOARD OF PARDONS AND PAROLE (BPP) The Board of Pardon
Board of Pardons and Parole (BPP), created by virtue of Act No. 4103 known as the
Indeterminate known as the Indeterminate Sentence Law, is an agency under the
Department of Justice (DOD tasked to uplift and redeem valuable human resources
to economic usefulness and to prevent unnecessary and excessive deprivation of
personal liberty by way of parole or through executive clemency. The Board of
Pardons and Parole shall continue to discharge the powers and functions as
provided in existing law and such additional functions as may be provided by law.
(EO 292, Book IV, Title III, Chapter 6, Sec. 17)
Composition:
The present members of the BPP are composed of the Secretary of Justice as the
Chairman and Six (6) Members. One member of the Board shall be a trained
sociologist, one a clergyman or educator, one a psychiatrist unless a trained
psychiatrist be employed by the Board, one a person qualified for such work by
training and experience, and the additional two members of the Philippine Bar for
five years who shall be appointed by the President: Provided, further, That at least
one member of the Board shall be a woman. (Sec. 1, Executive Order No. 1007)
BPP Duties and Responsibilities
1. Looks into the physical, mental and moral records of prison 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.
3. Recommends to the President of the Philippines the grant of any form of
executive clemency to prisoners other than those entitled to parole.
Powers and Functions
1. Authorized to adopt rules and regulations necessary to carry out its functions.
2. Can call upon any bureau, office, branch, subdivision, agency, or Government
instrumentality for assistance in the performance of its functions.
3. Decisions will be arrived at by Majority Vote. A constituted by a Majority. Dissent from
the majority one be reduced to writing and filed with the records proceedings. quorum
will be majority opinion will records of the proceedings
Procedure for the Release of Prisoner undertaken by the Board
1. Board must file with the court which passed judgment on the and with the PNP Chief
a certified copy of each order conditional or final release and discharge.
2. Prisoner released may be designated specific conditions as to his parole and required
to report personally to such government officials or other parole officers appointed by
the Board 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.
3. Designated parole officers shall keep records and reports required by the Board.
4. Board may fix the limits on the residence of the paroled prisoner or change it from
time to time. If during the period of surveillance, the prisoner shows himself to be a
law-abiding citizen and shall not violate any laws, the Board may issue a Certificate Final
Release and Discharge (CFRD).
5. If prisoner violates any of the conditions of his parole, the Board may issue an order
for re-arrest of the prisoner. The prisoner re-arrested shall serve the remaining
unexpired portion maximum sentence for which he was originally commit prison,
unless the Board grants him new parole.
PAROLE SUPERVISION Rule 3, BPP Operational Manual
1. Release; Form of Release Document - A prisoner shall be released upon the grant
of parole. Such grant of parole shall be evidenced by the Release Document, which
shall be in the form prescribed by the Board and shall contain the latest 1 x 1
photograph and right thumbprint of the prisoner. (Rule 3.1)
2. Transmittal of Release Document to the prison Corrections or Warden of the Jail
date of actual release of the prisor release Document - The Board shall send a copy
to the prisoner through the Director of the Jail where he is confined. On the
concerned shall case of the prisoner, the Director or Warden Shall send a
certification of said release to the Parole Officer (PPO) specified in the Release
Probation and Parole Officer (PPO) speech Document. (Rule 3.2)
3. Parole Supervision - After release from confinement, the parolee shall be placed
under the supervision of the PPO specified in the Release Document 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. (Rule 3.3)
4. Presentation to Probation and Parole Officer - Within the period prescribed in
his Release Document, the parolee shall present himself to the PPO
supervision. If the parolee fails to report within 45 days from the date of his
release from confinement, the PPO shall inform the Board of such failure for
the Board's appropriate action. (Rule 3.4)
5. Mandatory Conditions of Supervision - It shall be mandatory for a parolee to
comply with the terms and conditions appearing in the Release Document.
(Rule 3.6)
6. Review and Modification of Condition - The Board may, motu prorio or upon
recommendation of the PPO, revise or modify the terms and conditions
appearing in the Release Document. (hard 3.7)
7. Transfer of Residence- A parolee may not transfer from the place of residence
designated in his Release Document without the prior written approval of the
Regional Director subject to the confirmation of the Board. (Rule 3.8)
8. Outside Travel - Chief Probation and Parole Officer may authorize a parolee to
travel outside his area of operational jurisdiction for a period of not more than 30
days. A travel for more than 30 days shall be approved by the Regional Director.
(Rule 3.9)
9. Travel Abroad and/or Work Abroad - Any parolee under active
supervision/surveillance who has no pending criminal case in a court may apply for
overseas work or travel abroad. However such application for travel abroad shall be
approved by the Parole and Probation Administrator and confirmed by the Board.
(Rule 3.10)
10. Death of Parolee - If a parolee dies during parole supervision, the PPO shall
immediately transmit a certified true copy of the parolee's death certificate to the
Board recommending the closing of the case. However, in the absence of a death
certificate, an affidavit narrating the circumstances of the fact of the death from
the barangay chairman or any authorized officer or any immediate relative where
the parolee resided, shall suffice. (Rule 3.11)
Kinds of Report
The Probation and Parole Officer (PPO) concerned shall submit the following reports to the
Board:
1. Arrival Report - Within fifteen (15) working days from the date when the parolee reported
for supervision, the PPO concerned shall inform the Board, through the Technical Service of
the Parole and Probation Administration, of such fact. (Rule 3.5, BPP Operational Manual)
2. Progress 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 or on the
conduct of the parolee while under supervision. (Rule 3.12)
3. Infraction Report - When the parolee has been subsequently convicted of another crime.
(Rule 3.12)
4. 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. (Rule 3.12)
5. Summary Report - After the expiration of the maximum sentence of a parolee, the PPO
concerned shall submit to the
Board, through the Chief Probation and Report on his supervision of a parolee. (Rule 3.16)
Rules on Termination of Parole Supervision
1. Certificate of Final Release and Discharge - Upon receipt of the report, the Board
shall. upon the recommendation of Probation and Parole Officer that the parolee
has substantially complied with the conditions of his Release Document, issue to
the parolee a certificate of Final Release and Discharge. (Rule 3.17, BPP Operational
Manual) 2. Effect of Certificate of Final Release and
2. Effect of Certificate of Final Release Discharge - Upon the issuance of a Certificate
of Final Release and Discharge, the parolee shall be finally released and discharged
from the conditions appearing in his release document. However, the accessory
penalties of the law which have not been expressly remitted therein shall subsist.
(Rule 3.18)
3. 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 PPO concerned, the Bureau of
Corrections, the NBI, the PNP, and the Office of the President. (Rule 3.19)
Distinction between Parole and Pardon
1. In parole, the minimum sentence must be served; in pardon, is not required for
the grant thereof.
2. Parole is a benefit granted by law, benefit granted by law, specifically the ISLAW;
pardon service of the power of the President of the Republic of the Philippines
under the Constitution.
3. Conditional pardon is given by the Chief Executive after conviction under the
provisions of the Revised Administrative Code; parole is given by the BPP to a
prisoner who has served the minimum of an indeterminate sentence.
4. For violation of the conditional pardon, the offender may either be re-arrested to
serve the remitted penalty or prosecuted under Article 159 of the RPC; for violation
of parole, the convict is rearrested to serve the unexpired portion of the penalty.