CA 2: NON-

INSTITUTIONAL

CORRECTION
 WHAT IS CORRECTION?

Correction is the branch of the

administration of CJS charged with the
responsibility for the custody,
supervision and rehabilitation of
convicted offenders.
THE CORRECTIONS AS A COMPONENT
OF CRIMINAL JUSTICE SYSTEM
 BUREAU OF CORRECTION (BUCOR) under the DOJ
 TheBUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP) under the DILG
 The PROVINCIAL JAILS, under Provincial
Government, under DILG
 The DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD), which takes care of,
youthful Rehabilitation centers for juveniles.
Other agencies under this pillar are the
(Community Based Correction)
The PAROLE AND PROBATION
ADMINISTRATION (PPA) under the DOJ
The BOARD OF PARDONS AND PAROLE
also under the DOJ
LOCK-UP JAILS under the PNP
 DECONGESTION OF JAILS

OPLAN DECONGESTION was formalized

through the execution of memorandum of
agreement on February 12, 1993, among the
public attorney's office, the parole and probation
administration, the Board of Pardons and Parole
which are all under the Department of Justice and
the BJMP
 LAW AND DECREES USUALLY
AVAILED TO DECONGEST JAILS
Presidential Decree No. 603- Known as the child
and youthful welfare code, suspends sentence of
minors offenders whose ages range from nine (9) years
to under eighteen (18) years.

Batas Pambansa bilang 85- authorizes the release

of detainee who has undergone preventive
imprisonment equivalent to the maximum imposable
sentence for the offense he is charged with.
Article 96 of the Revised Penal Code-
Provides that in meritorious cases, the
commutation of the prisoner’s sentence through
presidential action shall be upon the
recommendation of the court which imposed the
same.

Article 97 of RPC- which provides that a

prisoner shall be entitled to a deduction from his
prison term for good conduct.
 DOJ Memorandum Circular NO. 6- which directs
all wardens or anyone in-charge of local jails to effects
the immediate transfer of national prisoners to the
Bureau of Correction

 Republic Act No. 9165 – Comprehensive Dangerous

Drug Act of 2002 (July 4, 2002) – 1st time minor
offender (probation) for use 2 possession only/deport
 Republic Act No. 9344 – Juvenile and Justice Welfare
Act of 2006

 Republic Act No. 6036 – known as the release on

recognizance law, provides for the release of offenders
charge with an offense whose penalty is not more
than six (6) months and/or a fine of Two thousand
pesos (2,000) or both, to the custody of a responsible
person in the community, instead of a bail bond.
 Republic Act No. 6127 – fully deducts the period of
the offender’s preventive detention from the sentence
imposed by the courts;

 Republic Act No. 4103 – as amended, creating the

Board of Pardons and Parole tasked to look into the
physical, mental and moral record of prisoners to
determine who shall be eligible for parole and
conditional pardon

 Presidential Decree No. 968 July 24, 1976 is the

Philippine Probation Law of 1976
 APPROACHES OF PHILIPPINE
CORRECTIONAL SYSTEM
 The Institutional-Based Approach – The
rehabilitation of offenders in jail or prison

 Non- Institutional Correction or Community

Based Approach – correctional activities that may
take place within the community.
 ADVANTAGES OF COMMUNITY-
BASED CORRECTION
 Family members need not to be victims as the convict
can still continue to support his family.
 Rehabilitation
will be more effective as the convict will
not be exposed to hardened criminals in prisons
 Rehabilitation can be monitored by the community
 It is less costly on the part of the government.
BASIC PRINCIPLES UNDERLYNG THE
PHILOSOPHY OF COMMUNITY-BASED
TREATMENT PROGRAMS
 Humanitarian Aspect – Imprisonment is not always
advisable.
 Restorative Aspect – There are measures expected
to be achieved by the offender, such as an
establishment of a position in the community in which
he does not violate the laws.
 Managerial Aspect – It is easier to manage those
undergoing community based treatment programs.
 THE NATURE OF PROBATION
IN THE PHILLIPINES
PROBATION DEFINED
- From Latin word “probatio” which means testing. The
word probation is also said to be originated from the Latin verb
“probare” which means to prove.

It 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 office.
 TERMS TO PONDER
 Absconding Petitioner – a convicted accused whose
application for probation has been given due course by
the court but fails to report to the parole and probation
office or cannot be located within a reasonable period of
time.
 Absconding Probationer – an accused whose
probation was granted but failed to report for supervision
within the period ordered by the court or a probationer
who fails to continue reporting for supervision and/or
whose whereabouts are unknown for reasonable period
of time.
Defense Counsel/Counsel – lawyer of the
petitioner

Petition – application for probation

Petitioner – A convicted defendant who files

an application for probation

Probationer – a person placed on probation

Probation Investigation - The process of
selection, diagnoses and planning with the
client.

Probation Supervision – The continuous

process of helping the client to follow through
with the plans, reevaluation and working with
the client in the process of planning his life to
meet dynamic situation
Probation Officer – a person 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.

Probation Order – order of the trial court

granting probation.
Prosecutor – lawyer of the victim.
Trial Court – refers to the Regional Trial Court
(RTC) of the Province or City/Municipal Court
which has jurisdiction over the case.
Volunteerism – is a strategy by which the
parole and probation administration may be
able to generate maximum citizen participation
or community involvement in the overall
process of client rehabilitation.
 CONCEPT AND PHILOSOPHY OF
PROBATION
The basic legal conceptions of probation:

 First,it as a conditional suspension of the execution

of sentence.
 Second, it is a personal care or treatment and
supervision over the probationer.
 PROBATION IS A COURT
FUNCTION
No person shall be placed on probation
except upon prior investigation by the
probation officer and a determination by the
court that ends of justice and the best
interest of the public as well as that of the
defendant will be served thereby.
 ESSENTIAL ELEMENTS OF THE
PROBATION SYSTEM UNDER
PRESIDENTIAL DECREE NO. 968
 Probation is a single or one-time affair

 Probation system is highly selective

 Person Under probation retain their civil rights like

right to vote, or practice one’s profession or exercise
parental or marital authority.
 AREAS OF THE PROBATION
LAW
Presidential Decree No. 968 will cover civilians
tried and convicted by military tribunal. “it shall
apply to all offenders except those entitled to the
benefits under the provisions of Presidential Decree No.
603 and similar laws.

What are the “similar laws” referred to in Section 1?

- The Comprehensive Dangerous Drugs Act.
The cut-off point at six years imprisonment for
extending the benefits of probation refers to the
sentence actually imposed, not that
prescribed by law for the offense committed.

The probation law does not disqualify one who

has been convicted of an offense penalized by
DESTIERRO.
 Article 13. Mitigating Circumstances. — The following are mitigating circumstances:
 Those mentioned in the preceding Chapter, when all the requisites necessary to justify the act or to
exempt from criminal liability in the respective cases are not attendant.
 That the offender is under eighteen years of age or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the provisions of Article 80.
 That the offender had no intention to commit so grave a wrong as that committed.
 That sufficient provocation or threat on the part of the offended party immediately preceded the act.
 That the act was committed in the immediate vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters,
or relatives by affinity within the same degrees.
 That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.
 That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he
had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution.
 That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communication with his fellow beings.
 Such illness of the offender as would diminish the exercise of the will-power of the offender without
however depriving him of consciousness of his acts.
 And, finally, any other circumstance of a similar nature and analogous to those above mentioned.
 Probation, it is argued, as laid out by the Decree is primarily a
judicial function

 Itcannot be made at any time after conviction and sentence,

but rather extends only up to the actual commitment of the
defendant to prison for the service of his sentence, and not
thereafter.

 The rule of automatic withdrawal of pend ing appeal applies

in case the application for probation is made when the
appellate court has already rendered its decision.
The application for probation may be in any
form, whether written or oral

Defendant is not entitled as a matter of right to

the assistance of counsel in the investigation.

Neither is the constitutional guarantee against

self-incrimination that no person shall be
compelled to be a witness against himself,
available in the investigation.
 Pending submission of the investigation report and the
resolution of the petition for probation, the defendant may be
allowed on temporary liberty under his bail filed in the criminal
case or on recognizance.

While the grant or denial of probation is not appealable,

certiorari will lie, under the general law on certiorari (a writ or
order by which a higher court reviews a decision of a lower
court)

The grant of probation does not erase, modify or

otherwise affect the offenders CIVIL LIABILITY.
 RELATED PROVISIONS UNDER
REPUBLIC ACT NO. 9344
Republic Act No. 9344: Probation as an
Alternative to Imprisonment – The court may,
after it shall have convicted and sentenced a child
in conflict with the law, and upon application at
any time, place the child on probation in lieu of
service of his/her sentence taking into account
the best interest of the child.
 DISTINCTION BETWEEN PROBATION
UNDER PD NO. 603 AND UNDER PD
NO. 968
 PD No. 603 –Under PD No. 603 the youthful offender is
neither convicted nor sentenced although the court finding
him guilty determines the imposable penalty and orders his
commitment as a master of course to any of the trustees for
his correction and rehabilitation, even without his asking for it
and without any prior investigation.

 PD No. 968 – Under PD No. 968, the offender is convicted

and sentenced. Application is required.
 WHO IS MATHEW DAVENPORT
HILL?
Mathew Davenport Hill is considered the
father of probation in England. He finds
persons who act as guardians of the juvenile
offender. Then at an unexpected period, the
confidential officer visits the guardian, makes
inquiries and keeps notes of information received.
 WHO IS JOHN AUGUSTUS?
 A father of probation in the USA
 Boston shoemaker
 Promoted temperance to reclaim drunkards. Later begun to take men
and woman charged with other crimes, then eventually children.
 His method was to provide bail for temporary suspension of sentence
 Counsel and assist such persons find homes, securing employment and
adjusting family difficulties
 At the end of the probation period, he brought back the offender to court
and if no further complaint had been lodged against the offender, the
judged imposed a nominal fine with costs. If the man was poor, Mr.
Augustus advanced the amount usually as loan
 AUGUSTUS EXPERIMENT
 August 1841 – Rugged drunk man
3 weeks – the drunkard was brought back to court
where the judge cannot recognize him. Imposes a fine
of $3.76.
 Augustusdied on June 21, 1859. And out of 2000 person
whom he extended his help, only 10 were ungrateful.
And out of 1100 cases, only one case was forfeited.
 Massachusetts became the 1st country to enact a
probation law on April 21, 1878
 HISTORY OF PROBATION IN
THE PHILLIPINES
The Adult Probation Law od 1935
 The Philippine Legislature enacted the first probation
of the Philippines. The first legislation was Act No.
4221 enacted by the Philippine legislature on August
07, 1935 and which Created a Probation Offices
under the Department of Justice led by a Chief
Probation Officer appointed by the American
Governor General with the advice and consent of the
United States.
The act subsequently declared unconstitutional.

Section 11 Act no. 4221, the fatal provision of the Act,

provided that “ This Act shall apply only in those
provinces in which the respective provincial board
shave provided for the salary of a probation officer.
 WHO IS TEODULO C.
NATIVIDAD
 Heis the Father of Probation in the Philippines.
He headed the committee (IDCCP) primarily
tasked with the drafting of the adult probation
Law.

 Inter-Disciplinary Committee on Crime

Prevention (IDCCP) was created to
formulate a national crime prevention program
for the courtly.
 FORERUNNERS OF
PROBATION
BENEFITS OF THE CLERGY
- Earliest for softening of the brutal severity of punishment.
This was a compromise between the church and the king
that, if any member of the clergy was brought to trial
before the king’s court, such clergy could be claimed from
the jurisdiction by the bishop or chaplain representing him
on the ground that prisoner was subject to the authority of
the Ecclesiastical Court only.
Judicial Reprieve

- withdrawal of sentence for an internal of time whereby

the execution of the sentence is suspended either before or
after judgment such as when there is a favorable
circumstance in the criminal’s character in order to give him
opportunity to apply t the King for either an absolute an or
conditional pardon
 Recognizance or “Binding over a good
behavior”
- this is considered as the direct ancestor of probation.
This involves an obligation or promise sworn to under court
order by a person not yet convicted of a crime he would keep
the peace and be of good behavior.

 Transportation
- an ancient practice of banishment. It served mainly as
cheap source of supplying labor to the colonies of England.
CRITERIA FOR PLACING AN OFFENDER
ON PROBATION
Under Section 8 of PD NO. 968, in
determining whether an offender may be placed on
probation, the court shall consider all information
relative to the character, antecedents,
environment, mental and physical condition of
the offender and available institutional and
community resources.
Probation shall be denied if the court finds
that:

 The offender is in need of correctional treatment that

can provide most effective by his commitment to an
institution; or
 There is undue risk that during the period of
probation the offender will commit another crimes;
 Probationwill depreciate the seriousness of the
offense committed.
However, under Sec. 70 of Republic Act No.
9165, The Comprehensive Dangerous Drugs Act
of 2002,
the first minor offender who upon
promulgation of the sentence, the court
may, in its discretion, placed the accused
under probation, even if the sentence
provided under sec. 11 of the Act is higher
than that provided under Probation Law.
 PROBATION IS NOT A MATTER
OF RIGHT BUT A PRIVILEGE
However, under R.A 9344 or Juvenile
Justice and Welfare Act of 2006, a child
in conflict with the Law is granted the
right to probation as an alternative to
imprisonment if qualified under
probation law.
 PROBATION “is not a sentence”
but is rather in effect a suspension of
the imposition of sentence. It is not a
final judgment but rather an
“interlocutory judgment” in the nature
of a conditional order placing the
convicted defendant under the
suspension of the court.
 HOW MANY TIMES CAN ONE
BE GRANTED PROBATION?
 Anoffender can be granted probation ONLY ONCE IN
HIS LIFETIME.

 GRANTINGOR DENYING PROBATION NOT BE

APPEALABLE
 Under PD No. 1990, an order granting or denying
probation shall not be appealable.
 WHO ARE QUALIFIED TO
PROBATION
 Anyfirst time convicted offender, 18 years of age
and above not otherwise disqualified under PD 968
 AS A GENERAL RULE probation applies to all
sentenced or convicted offenders- All first-time
offenders convicted of crimes punished by
imprisonment of not more than 6 years
(maximum of 6 years)
 Exceptions

Those entitled to the benefits of PD 603 as

amended otherwise known as the Child and Youth
Welfare Code. Hence, an offender who is under 18
years of age must be dealt with in accordance with the
more liberal and beneficent provisions of PD 603

Those that are found Guilty in violation of RA

6425, otherwise known as the Dangerous Drug Act of
1972 as amended by Republic Act No. 9165.
 Those offenders who has not been convicted and
sentenced.
 Those that are found guilty in violation of the
OMNIBUS ELECTION CODE OF THE
PHILIPPINES.
 Those who are found guilty in violation of PD 1987
(an act creating the video gram Regulatory)
 Those that are found guilty in violation of RA 6727
otherwise known as the Wage Rationalization Act.
 DISQUALIFIED OFFENDERS
FOR PROBATION
 Those sentenced to serve a MAXIMUM TERM od
imprisonment of MORE THAN SIX (6) YEARS.
Note; The six years maximum refers to the sentence
actually imposed and not that prescribed by law for the
offense committed.

 Thosewho have previously been convicted by final

judgment
 PREVIOUS CONVICTION

 If one month- qualified for probation

 Ifone month and one day or more- disqualified for
probation

 Less than two hundred pesos- qualified for probation

 Two hundred pesos or more- disqualified for probation
Those convicted of subversion or any crime
against the national security or public order.

Those who have been ONCE on probation under

the provision of PD No. 968, as amended;

Thosewho are already serving sentence at the

time substantive provisions of the decree
became applicable pursuant to section 33 of PD
968
 WHERE AND WHEN TO FILE
THE PETITION FOR
PROBATION?
The application for probation shall be filed
by sentenced or convicted offender whose
sentence is not more than 6 years
imprisonment. It shall be filed with the
court that tried and sentenced the
offender
WHERE; A petition for probation shall be filed
by the applicant for probation or petitioner with
the courts that tried and sentenced the
offender at any time before the imprisonment
starts.

WHEN; Anytime before the offender starts

serving his sentence but within period for
perfecting an appeal or fifteen (15) days from
the promulgation or notice of the judgment of
conviction.
 PROCEDURE UNDER PD NO.
1. The defendant must file968
a petition before the trial court which
exercise jurisdiction over the case; an application for
probation after he has been sentenced but before he begins to
serve the sentence. There are two forms of petition;
WRITTEN AND ORAL
2. If the defendant has been convicted and has appealed the
sentence of conviction, an application for probation cannot be
entertained. As a general rule, No application for probation
shall be entertained or granted if the defendant has
perfected an appeal from the judgment or conviction.

 NOT A BENE: Filing an application shall be deemed a waiver

3. Notice to the prosecuting officer; The prosecuting
officer concerned shall be notified by the court of the filing
of such application. The prosecuting officer must submit his
comment on such application within 10 days from receipt of
the notification.

4. Referral to probation office. If the court finds that the

petition is in due form and that the petitioner appears not
to be disqualified for the grant of probation. The probation
should be entertained by the court by ordering the
probation officer to conduct an investigation (PSI) of
the offender provided he is not disqualified under the
Decree.
 While it is discretionary with the court to grant or
deny an applicant for probation, The probation Law
requires that an investigation be first conducted by the
probation officer who shall submit his report within
60 days from receipt of the court’s order. However, the
court may in its discretion extend the 60 days period.
Only thereafter shall the court resolve the application,
an outright denial by the court is a nullity correctable by
certiorari.
 Initial Interview Work Sheet:
Waiver
Within five (5) working days from receipt of said
delegated assignment, the investigation probation
officer on case shall initially interview the
applicant upon response to the seventy-two (72)
hours limitation given to him by the Trial Court. If
not, the Probation Officer on case may write the
applicant in his court given address or personally
visit applicants place to schedule an initial
interview at the Probation Office.
 POST SENTENCE
INVESTIGATION REPORT
(PSIR)
Post sentence investigation report refers to the
report submitted by a probation officer within
60 days from receipt of the order of said court
to conduct the investigation containing his/her
recommendation in the grant or denial of the
application for probation.
 The PSIR shall, as rule be prepared by the
investigating PROBATTION officer on case and
approved by the CPPO. Both shall initial each
and all the pages thereof, except the last page on
which they shall affix their respective signatures.
 PERIOD TO RESOLVE THE
APPLICATION FOR PROBATION

The application for probation shall be resolved

by the Trial Court not later than fifteen (15) days
from the date of its receipt of the PSIR. Since
probation is privilege, its grant rest solely upon
the discretion of the court. Therefore court may
grant or dismiss it.
1. The offender or his counsel files a petition with the convicting
court within 15 days from promulgation of judgment.
2. The court determines convict qualification and notifies the
prosecutor of the filing of the petition.
3. The prosecutor submits his comments on such application
within 10 days from receipt of the notification
4. If petitioner is qualified, his application is referred to the
probation officer for post sentence investigation
5. The post sentence investigation report (PSIR) is submitted by
the probation officer to the court within 60 days.
6. Pending Investigation and resolution, accused may be
temporarily released (if there is already a bail, then on same
bail)
7. The court grants or denies the petition for probation within 15
 GRANT OF THE PETITION

Once probation is granted, the execution of

sentence will be suspended. The court if
grants the petition will issue the
appropriate probation order and the
petitioner will be released to the
community subject however to the terms
and condition imposed by the court, with
the supervision of probation officer.
 A probation order shall take
effect upon its issuance.
DEFEDANT MAY REJECT GRANT OF PROBATION

 The law does not oblige the defendant to accept the

probation granted by the court. He should, indeed, be
allowed to turn down the same grant especially since
he might feel that the terms and conditions thereof
are too onerous (burdensome) for him.
 What will happen if the
application for probation is
denied?
 The offender will be sent by the sentencing court to prison to
serve his sentence

 As a general rule the grant or denial of probation is

not appealable. However a certiorari may lie on the
ground of grave abuse of discretion.

- certiorari- not on appeal.

 Period of Probation

 Ifthe convict is sentenced to a term of imprisonment of not

more than one (1), the period of probation shall not exceed
two (2) years.
 Inall cases, if he is sentenced to more than one (1) year, said
period shall not exceed six(6) years.
 When the sentence imposes a fine only and the offender is
made to serve subsidiary imprisonment in case of insolvency,
the period of probation shall be less than nor twice the total
number of days of subsidiary imprisonment as computed at
the rate established by the RPC Art. 39
MANDATORY OR BUILT IN CONDITIONS

The two Mandatory Conditions of Probation

 Topresent himself to the probation officer concerned
for supervision within 72 hours from receipt of said
order; and

 To
report to the Probation Officer at least once a
month during the period of probation.
 What happens to a probationer if
conditions of probation are violated?
 The court may modify the conditions of probation or revoke
the same. If the violation is serious, the court may order the
probationer to serve his prison sentence.

 The probation officer investigates the alleged violation and

it is established, a report is submitted to the court.
 OPTIONAL/DISCRETIONARY OR
OTHER CONDITIONS
 Cooperate with a program of supervision;
 Meet his family responsibilities
 Devote himself to a specific employment and not to change said
employment without prior written approval of the probation officer;
 Comply with a program of payment of civil liability to the victim of his
heirs;
 Undergo medical, psychological or psychiatric examination and
treatment and/or enter and remain in specific institution, when required
for that purpose;
 Pursue a prescribed secular study or vocational training;
 OPTIONAL/DISCRETIONARY OR
OTHER CONDITIONS
 Attend or reside in a facility established for instruction or reaction of
persons on probation;
 Refrain from visiting house of ill-refute;
 Abstain from drinking intoxicating beverages to excess;
 Permit the probation officer or unauthorized social worker to visit his
home and place of work;
 Reside at premises approved by the court and not to change residence
without prior written approval; and
 Satisfy any other condition related to the rehabilitation of the
probationer and not unduly restrictive of his liberty or incompatible with
his freedom of conscience.
 Commission of a Crime

There is possibility of arrest including

criminal prosecution of the probationer in
the vent of commission of another offense.
The REVOCATION proceeding is summary
IF VIOLATION IS ESTABLISHED – court may
revoke or continue with modified conditions

IF REVOKED- probationer shall serve the

sentence originally imposed
 VIOLATION OR INFRACTION
REPORT
Infraction report
- refers to the report submitted by the
probation and parole officer on violations
committed by a probationer while under
supervision.
 REVOCATION OF PROBATION

The following are the two grounds for revocation

of probation.

 Failure to comply with conditions

 Commission of another offense
 May the arrested probationer
admitted to bail?

YES, the defendant may be admitted to

bail pending such hearing. In such a
case, the provisions regarding release on
bail of persons charged with a crime
shall be applicable to probationers
arrested under provision.
 HEARING OF THE VIOLATION

 Informal and summary- Probationer has right to

counsel and given all the opportunities to be heard
because it may lead to revocation and hence
imprisonment.

 Probation Officer- prosecutes but may asked

assistance from the prosecutor office in the
presentation of evidence.
MODES AND GROUNDS OR TERMINATIONS
OF THE PROBATION SUPERVISION CASE

The successful completion of

program of probation.

Revocation of cause, or death of the

probationer.
 Termination
Report- the City and Provincial Parole and
Probation Office shall submit to the Trial Court a
Probation Officer’s Final Report (PPA Form 9) Thirty
(30) days before the expiration of the period of
probation.

 Section65. Mode- Immediately after such closure of

the probation case, the corresponding probation
records shall be achieved, but not after the proper
reporting is done.
 VOLUNTEER PROBATION AIDS
(VPA)
VPA are citizens of good standing in the
community who are volunteers to assist
the parole and probation officers in the
supervision of a number of probationers,
parolees and pardonee’s in their respective
community
 QULIFICATIONS

 Must be citizens of good refute and probity.

 At least 18 years of age on the date of appointment
 At least high school graduates and
 Preferablyresidence of the same locality or community
covering the place of residence of the probationer
and/or the CPPO’s etc.
 APPOINTMENT AND TERMS OF
OFFICE
Probation Aides so appointed may hold office during good
behavior for a period of two (2) years, renewable at the end of
each period.

SALARY
- VPA shall not receive any regular compensation but entitled to
travel allowances allowed under existing government rules and
regulation.
 DUTIES OF VPA

Assist the Probation Officer in supervision of

probationer
Prepare and submit reports and record of his
work as may be required by probation officer in
mobilization of community support for probation
program.
 PROBATION ADMINISTRATOR

 TheAdministration shall be headed by the Probation

Administrator, hereinafter referred to the
Administrator.

 Itis Appointed by the president of the Philippines.

He shall hold office during good behavior and shall
not be removed except for a cause.
 ASSISTANT PROBATION
ADMINISTRATOR
 Thereshall be an Assistant Probation Administrator
who shall assist the administrator perform such duties
as may be provided by law. In the absence of the
Administrator, he shall act as head of the
Administration.
 He shall be appointed by the president and shall
receive an annual salary of at least thirty six
thousand pesos
 QUALIFICATIONS

 At least 35 years old

 Holder of master degree in criminology, social work
correction, penology, psychology, sociology, public
administration or relation field.
5 years supervisory experience
 Member of BAR with & years supervisory
 OFFICE OF THE
ADMINISTRATOR
Its act as the head and the executive officer of the PPA.

 Planning staff- develops plans, programs and

conduct, research towards economical, efficient and
effective operation and implementation of PD no. 968
as amended.
 Technical services- it acts as service arm of the
Board of Pardons and Parole in the supervision of
parolees and pardoness
 OFFICE OF THE DEPUTY ADMINISTRATOR. Assist
the administrator and performs such duties as may be
assigned by the administrator.

STAFF DIVISION
 ADMINISTRATIVE DIVISION (AD)- It provides the
administration with well-planned, directed and
coordinated services relating to personnel, records,
supplies and equipment, disbursement, security and
janitor/messengerial services and public information
dissemination.
 FINANCIAL MANAGEMENT DIVISION (FMD) – It
provides financial support to all units of agency and
implements policies and procedure on financial
management in accordance with the government rules
and regulations.

 LEGAL AND INSPECTORATE DIVISION (LID)- Its

provides various units of the administration with legal
advice, prepares opinions on questions of law that may
arise in the implementation of PD no. 968 as amended.
 TRAINING DIVISION (TD) – develops, conducts, monitors and
evaluates training programs for improved job performance of
the line staff personnel of the agency, develops modules for
training of community volunteers, facilities and monitors
attendance of officials and employees in training programs
sponsored by the other agencies/organizations.

 Research development section

 Material preparation and a/v section
 Training evaluation section
 COMMUNITY SERVICES
DIVISION (CMSD)
 Assist
in the establishment/development of facilities, programs
and services for the rehabilitation of
probationers/parolees/pardonees utilizing community
resources, provide technical and consultative services to
operating units and offices of the administration, screens and
recommends for appointment of VPAs.
Community Program Section
Volunteer Services Section
 CASE MANAGEMENT AND RECORDS
DIVISION
- IT provides technical services assistance to field officers in
improving investigation procedures/supervision over
probationers and their services to the courts; conducts
studies on caseloads, caseworks services and procedures in
case management, maintains central files of records of
petitioners/probationers/parolees/pardonees and established
linkages with criminal justice pillars for improvement of case
load management.
 CLINICAL SERVICES DIVISION
(CSD)
- Provides the administration with effective
diagnostic/evaluation and therapy/management of PPA
employees and their dependents, petitioner, probationers,
parolees, pardonees which include psychiatric, medical, dental
and psychological and social services.

 Psychological Services Section

 Social Services Section
 Mental and Dental Section
 REGIONAL OFFICES

Regional Probation and Parole Offices (Dir. II/Regional Dir)

- It exercise supervision and control over all provincial/city
Parole and probation offices within the jurisdiction and
performs such duties as may be assigned by the
administrator.

 One Deputy (Dir. I/ Asst. Reg. Dir.)

 15 Regional Office
 PROVINCE/CITY OFFICE- It undertakes the investigation of
petitioners for probation referred by the courts for PSIRs;
supervise probationers/parolees/pardonees and perform such
other duties as may be assigned by the administrator.

CHIEF PPO ASSISTED BY:

 Senior Probation and Parole Officer (Sr. PPO)

 Probation and Parole Officer II (PPO ll)
 Parole and Probation 1 (PPO l)
 Clerk l
 What is Parole?

It is the provisional release of a prisoner who

agrees to certain conditions prior to the
completion of the maximum sentence period.
Originating from the FRENCH PAROLE (voice,
spoken words), the term became associated
during the middle ages with the release of
prisoners who gave their word.
Itis the process of suspending the sentence of
a convict after having served the minimum of
his sentence without granting him pardon, and
the prescribing term upon which the sentence
shall be suspended.
 The administration has been authorized by the
Board t conduct pre-parole investigation of
deserving city, provincial and national prisoner
confined in the city and provincial jails, the national
penitentiary and penal colonies, whenever their best
interest and that of justice will be served thereby
and submit to reports of said investigation at least
60 days before the expiration of the minimum
sentences of the prisoners concerned.
 HISTORY OF PAROLE

 Alexander Maconochie
- introduced the modern idea of parole when, in 1840 he
was appointed superintendent of the British penal colonies in
Norfolk island, Australia. The Father of Parole in Australia.
He is the Superintendent of the penal colony at Norfolk Island in
Australia (1840) who introduced the Mark System that became
the blueprint of modern day parole. He is considered as the
father of modern penology.
Mark System

A progressive humane system in which a

prisoner is required to earn a number of
marks based on proper department, labor
and study in order to entitle him for ticket for
leave or conditional release which is similar
to parole.
 Walter Crofton

- Attempted to implement Maconochie’s

mark system when he became the
administrator of the Irish Prison System in
1854.
- He is the father of parole in Ireland.
 ZEBULON BROCKWAY

- Father of parole in the United States. A Michigan

Penologist, is given credit for implementing the first
parole system in the US. He proposed a two-pronged
strategy for managing prison populations and
preparing inmates for release; indeterminate
sentencing coupled with parole supervision. He was
given a chance to put his proposal into practice in 1876
when he was appointed superintendent at a new youth
reformatory, the Elmira Reformatory in New York.
 Creation of Parole System in
the Philippines
- It came into existence by the passage
of ACT 4103 as amended by Acts 4203 and
4225, otherwise known as the Indeterminate
Sentence Law, which took effect on December 5,
1933. Board of Pardons and Parole- administers
the Parole system of the country.
 DISTINCTION BETWEEN
PAROLE AND PROBATION
Parole is an Administrative function exercised by
the executive branch of the government (executive
function) while probation is a judicial function exercised
by the courts.

Parole is granted to a prisoner only after he has

serve the minimum of his sentence while probations is
granted to an offender immediately after conviction.
 Difference between parole
and Mandatory Supervision
Mandatory Supervision
- Is practice whereby an inmate is released prior to the
completion of their sentence due to legal technicalities
which oblige the offender justice system to free them.
Mandatory supervision tends to involve stipulations that
are more lenient than those of parole and in some cases
place no obligations at all on the individual being
released.
 PRISONERS QUALIFIED
 He confined in a jail or prison to serve an
indeterminate prison sentence.
 He has served the minimum period of said sentence
less the good conduct time allowance (GCTA) earned.
 There is a reasonable probability that if released, he
will become law-abiding; and
 His
release will not be incompatible with the interests
and welfare of society.
 PRISONERS DISQUALIFIED
FOR PAROLE;
 Those persons convicted of offenses punished with reclusion perpetua;
 Those convicted of treason, conspiracy or proposal to commit treason;
 Those convicted of misprision of treason, rebellion, sedition or
espionage;
 Those convicted of piracy;
 Those who are habitual delinquents;
 Those who escaped from confinement
 Those who were granted conditional pardon and violated any of the
term thereof
 Those whose maximum term of imprisonment does
not exceed 1 year or are with a definite sentence;
 Those suffering from any mental disorder
 Those whose conviction is on appeal;
 Those
who have pending criminal case for an offense
committed while serving sentence.
 Thoseconvicted of offenses punished with reclusion
perpetua,
 Those convicted for violation of the laws on terrorism
, plunder and transnational crimes.
 The Board of Pardons and
Parole
- Created by virtue of Act No. 4103 (1933) known
as the Indeterminate Sentence Law, is an
agency under the Department of Justice (DOJ)
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.
 Composition of the Board of Pardon
and Parole
- Board Composition – The Board shall be composed of the
Secretary as Chairman and six (6) members consisting of;
- The Administrator of the Parole and Probation Administration
as ex-officio member, a sociologist, a clergyman, an educator,
a person with training and experience in correction work, and
a member of the Philippine Bar; Provided, that one of them is
a woman. The members of the Board shall be appointed by
the President upon the recommendation of the Secretary and
shall hold office for a term of six (6) years, without prejudice
to reappointment.
IS NATIONAL PRISONER CONFINED IN A
LOCAL JAIL CAN BE RELEASE ON
PARDON/PAROLE
NO, unless his confinement in
said jail is in good faith due to
circumstances beyond the
prisoners control.
WHO ARE NATIONAL PRISONERS
UNDER THE RULES?
THE FOLLOWING ARE THE NATIONAL PRISONERS;
• Those who is sentenced to a maximum term of imprisonment of
more than three (3) years or a fine of more than five thousand pesos
(Php. 5,000);
• Those who sentenced for violation of the customs law or other laws
within the jurisdiction of the Bureau of Customs or enforceable by it,
regardless of the length of sentence imposed by the court; and
• Those one sentenced to serve two (2) or more prison sentences in
the aggregate exceeding the period of three (3) years.
 Filing
of Petition – A formal petition for executive
clemency addressed as follows shall be submitted to
the Board before the question of said clemency will be
considered;

The President of the Philippines;

Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City.
 Executive Clemency/Parole of an Alien – The Board may
recommend the grant of executive clemency or grant parole
to a prisoner who is an alien.

 Sec. 27. Parole Supervision - After release from

confinement, a client shall be placed under the supervision of
a probation and parole officer so that the former may be
guided and assisted towards rehabilitation.
 Outside Travel – A chief Probation and Parole Officer may
authorize a client to travel outside his area of operational
jurisdiction for a period of not more than thirty (30) days. A
travel for more than 30 days shall be approved by the
Regional Director.

 SEC. 36. Travel Abroad and/or Work abroad – Any

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