ISU Non Institutional Correction Instruc

Isabela State University
San Fabian, Echague, Isabela
Non-Institutional Correction
(Probation, Parole ad Executive Clemency)
An Instructional Material
Reynaldo M. Esmeralda, M.S. Crim.

Instructor
Second Semester
School Year 2015-2016
ISABELA STATE UNIVERSITY ECHAGUE
VMGO
UNIVERSITY VISION
The Isabela State University as a leading, vibrant, comprehensive and Research University in the country and the ASEAN region.
UNIVERSITY MISSION
The Isabela State University is committed to develop highly trained and globally competent professionals; generate innovative
and cutting-edge knowledge and technologies for people empowerment and sustainable development; engage in viable
resource generation programs; and maintain and enhance stronger partnerships under good governance to advance the
interests of national and international communities.
GOALS OF THE COLLEGE OF ARTS & SCIENCES

1. Provide general education in the arts and sciences for the development of students mentally, socially, spiritually, and
emotionally transforming them into well-rounded individuals.
2. Develop students into productive citizens both economically and socially with the end in view of improving the quality
of their lives and that of their fellowmen.
3. Produce graduates, majority of whom are locally and globally competitive in their chosen fields of their careers.
4. Cultivate and sharpen students’ potentials and hasten their relationship capabilities to answer the needs of their
community and society to which they belong.
OBJECTIVES OF THE PROGRAM
General Objective
The program provides the community with professionally competent and orally upright graduates who can deliver
efficient and effective services in crime prevention, crime detection and investigation, law enforcement, and custody and
rehabilitation of offenders, among others.
The program is also envisioned as significant educational institutions actively and continually involved in producing
graduates who have the knowledge and skills in addressing the problem of criminality in the country and the competence to
meet the challenge of globalization in the field of criminology.
Specific Objectives
The BS Criminology program aims to:
1. Foster the values of leadership, integrity, accountability and responsibility while serving their fellowmen,
community and country.
2. Prepare the students for careers in crime prevention, law enforcement, scientific crime detection and correctional
administration;
3. Encouraged research and inquiry on the nature, causes, treatment or punishment of criminal justice agencies
respond to crime, criminals and victims.
2 Non-Institutional Correction Instructional Material Reynaldo M. Esmeralda, M.S.

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“This is for criminological purposes and therefore not for sale.” School Year 2015-2016
Parole and Probation

Administration (PPA) JOHN AUGUSTUS – “The father
Official Logo of probation in USA.”
Subject Code: Correctional Administration (CA) 2
Course Description: The course focuses on Presidential Decree 968, otherwise known as the “Probation Law of
1976 as Amended, “establishing a probation system in the Philippines, its historical background, philosophy,
concepts and operation as a new correctional system, investigation, selection and condition of probation,
distinction between incarceration, parole, probation and other forms of executive clemency, total involvement of
probation in the administration of the Criminal Justice System.
This course also treats the study of act 4103, as amended, otherwise known as the “Indeterminate Sentence Law”
that created the Board of Pardons and Parole, system of releasing and recognizance, execution, clemency and
pardon.
General Objectives: Upon completion of the course the students are expected to:
1. interpret the provisions of laws related to probation, parole and executive clemency;
2. explain fully the basic concepts, principles and philosophy of the Probation System as well as parole and
executive clemency;
3. describe the relationships of the probation administration with the other pillars of criminal justice system;
4. recommend or provide solutions or problems involving probation investigation and supervision;
5. discuss the operations of probation in the country;
6. apply learned concepts in their everyday life.
Student Name: __________________________________________________________________________
Address: _______________________________________________________________________________

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CHAPTER I
INTRODUCTION TO COMMUNITY BASED
CORRECTION PROGRAM
I. THE PRESENT PHILIPPINE
CHAPTER CONTENTS CORRECTIONAL SET-UP
1. The Present Philippine Correctional Set-Up
2. Community-Based Correction Programs in the A. WHAT IS CORRECTION?
Philippines Correction is the branch of the administration of CJS
3. Advantage of Community Based Correction charged with the responsibility for the custody, supervision
Programs and rehabilitation of convicted offenders. It is also define
4. The role of Community Corrections in the as the STUDY OF JAIL OR PRISON MANAGEMENT AND
Criminal Justice System ADMINISTRATION as well as the rehabilitation and
5. Basic Principles Underlying the Philosophy of reformation of criminals.
Community-Based Treatment Programs Further, it is define as a GENERIC TERM that includes all
6. Subject coverage government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the
SPECIFIC OBJECTIVES investigation, intake, custody, confinement, supervision, or
At the end of the chapter, students should be able to: treatment of alleged offenders.
1. define correction and identify its role as
component of criminal justice system. B. DUAL PURPOSE OF CORRECTIONS
2. illustrate and understand the present Philippine 1. To punish and
correctional set-up. 2. To rehabilitate the offender.
3. define community-based correction.
4. differentiate and compare institutional correction C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL
to community based correction program. JUSTICE SYSTEM
5. identify the advantages of community based Correction is the fourth pillar of the PCJS, and
correction program and explain its role in the identified as the weakest pillar. As a field of criminal justice
criminal justice system. administration, it utilizes the body of knowledge and
6. identify and justify the basic principles underlying practices of the government and the society in general
the philosophy of community based-treatment involving the process of handling individuals who have
programs. been convicted of offenses for purposes of crime
7. enumerates and differentiates the forms of prevention and control.
community based correction program. Among the five pillars of the criminal justice system,
corrections is the least heard, known or understood society
seems to have some reluctance to look at it although its
role in the reformation and rehabilitation of offenders
cannot be overemphasized. Furthermore, jail
administration and control in our country is distributed to
at least, four agencies:
1. The BUREAU OF CONNECTIONS (BUCOR), under
the DOJ; which has supervision over the national
penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP), under the DILG; which has the
exclusive control over all city, municipal and
district Jails nationwide;

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3. The PROVINCIAL GOVERNMENTS, under DILG; In January of 1994, in Manila, Ronald W. Nikkel,
which supervise and control their respective president of prison fellowship international who had toured
provincial and sub-provincial Jails; and some of the jails in the National Capital Region (NCR) and
4. the DEPARTMENT OF SOCIAL WELFARE AND the New Biliid Prisons of the Bureau of corrections in
DEVELOPMENT (DSWD), which takes care of, Municipal City observed and commented that in the 41
among others, youthful offenders entered in countries of the world he had traveled, most have a
detention centers for juveniles, aside from thesce, problem on congestion. He added that this problem is
Other agencies under this pillar are the: (Community PREVALENT IN THIRD WORLD COUNTRIES.
Based Correction) In our country, jail congestion, particularly in big cities
1. The Parole and Probation Administration (PPA) and municipalities, has been a PERENNIAL PROBLEM ever
under the Department of Justice (DOJ); and since. This problem, to borrow a parallelism, is a sleeping
2. The Board of Pardons and Parole also under the giant. Unfortunately, for jail administrators and personnel,
Department of Justice. the giant has taken up and is stretching its enormous arms
and legs. OPLAN DECONGESTION must be put in place to
NOTA BENE: There are also LOCK-UP JAILS under the lay this giant back to sleep.
Philippine National Police (PNP); this fragmented OPLAN DECONGESTION was formalized through the
administration of jails often creates confusion since many execution of a memorandum of agreement on February 12,
are not aware of this set-up. 1993. Among the public attorney’s office, the parole and
probation administration, the Board of Pardons and Parole
Generally, corrections, as a component of the system which are all under the Department of Justice, and the
are responsible for: Bureau of Jail Management and Penology which is under
1. The MAINTENANCE of institution such as prisons, the Department of the Interior and local government. The
jails, halfway houses, and others. avowed PURPOSE of said agreement (MOA) was jail
2. The PROTECTION of law-abiding members of society decongestion through collective and cooperative efforts.
by keeping convicted offenders from preying on Realizing that all helps available must be harnessed to
society. effectively combat overcrowding or congestion in jails, the
3. The REFORMATION and rehabilitation of offenders in said memorandum of agreement was EXPANDED on
preparation for their eventual reintegration to the August 17, 1993 with the inclusion of the National
mainstream of society and helping them lead a Prosecution service or (NAPROS) as the fifth party thereto.
normal life after release. True to its form, the MOA spreads up its intent through
4. The DETERRENCE of crimes, experience in prison and seminars. These offered opportunities to officials and
the fear of isolation and denial of liberty will personnel of the tasked agencies to familiarize themselves
influence inmates and potential offenders to lead a with the mechanics of the agreement, as well as to offer
life not in conflict or afoul with the law. avenue to discuss various aspects of how jails are to be
decongested.
D. DECONGESTION OF JAILS
There are several laws, decrees and circulars which we E. LAW AND DECREES USUALLY AVAILED OF TO
implement to decongest our jails. But before we discuss DECONGEST JAILS
these, allow me to show you how congested our jails are as
far as the national capital region is concerned. 1. Presidential Decree No. 603, known as the child and
Jail congestion is not a recent phenomenon, nor is it young welfare code, suspends sentence of minor
confined in the Philippines alone. Jail congestion is offenders whose ages range from nine (9) years to
WORLDWIDE. Some industrialized countries like the United under eighteen (18) years and place them in
States, experience it, let me cite a few examples: Rikkers rehabilitation centers under the supervision of the
Island in New York is actually an island prison facility. It is Department of Social Welfare and Development before
overcrowded. To cushion the effect of congestion, two they are released to the custody of their parents or to
floating dormitories were constructed to confine offenders any responsible person.
therein; in 1995 or four years ago. Director General Keith
Hamburger of the Queensland services commission of 2. Batas Pambansa Bilang 85, authorizes the release of a
Australia reported that congestion is also a problem in his detainee who has undergone preventive imprisonment
country. equivalent to the maximum imposable sentence for the
offense he is charged with’

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the numerous institutional facilities nationwide which

3. Article 96 of the Revised Penal Code, provides that in provide safekeeping and rehabilitation of inmates,
meritorious cases, the commutation of the prisoner’s namely:
sentence through presidential action shall be upon the 1. The national prison’s and penal farms under the
recommendation of the court which imposed the Department of justice;
same; and ARTICLE 97, which provides that a prisoner 2. The provincial and sub-provincial jails under the
shall be entitled to a deduction from his prison term for provincial government; and
good conduct; and 3. The City, Municipal and District Jails under the
Department of Interior and Local Government.
4. DOJ Memorandum Circular no. 6 which directs all The Bureau of corrections, headed by a non-
wardens or anyone in-charge of local jails to effect the uniformed director, under the department of Justice,
immediate transfer of national prisoners to the Bureau supervises and controls the national prisons and penal
of corrections. farms.
5. Republic Act No. 9165- Comprehensive Dangerous 2. Non-Institutional Correction or Community-Based

Drug Act of 2002 (July 4, 2002) -1st time minor offender Approach- It refers to correctional activities that may
(probation) for use 2 possession only./deport take place within the community or the method of
correcting sentenced offenders without having to go
6. Republic Act No. 9344 – Juvenile & Justice welfare Act to prison.
of 2006 (May) Not all convicted offenders have to serve their
sentence behind bars. Some of them are allowed to
7. Republic Act No. 6036, known as the release on stay in the community, subject to the conditions
recognizance law, provides for the release of offenders imposed by the court.
charged with an offense whose penalty is not more They are either granted probation, parole,
than six (6) months and/or a fine of Two Thousand conditional pardon or recognizance. The parole and
pesos (2,000) or both, to the custody of a responsible probation Administration under the Department of
person in the community, instead of a bail bond; Justice is the government agency that supervises the
activities of the probationer, parolee and pardonee and
8. Republic Act No. 6127, fully deducts the period of the monitors his compliance with conditions imposed.
offenders’ preventive detention from the sentence
imposed by the courts; What is a Community correction?
It is a sanction in which offenders serve some or all
9. Republic Act No. 4103, as amended, creating the Board their sentence in the community. It is sometimes referred
of Pardons and Parole tasked to look into the physical, to as non-institutional corrections. The subfield of
mental and moral record of prisoners to determine corrections in which offenders are supervised and provided
who shall be eligible for parole or conditional pardon. services outside jail or prison.
10. Presidential Decree No. 968 July 24, 1976 is the DISTINCTION BETWEEN INSTITUTIONAL AND NON-
Philippine Probation Law of 1976. Probation is, of INSTITUTIONAL CORRECTION
course, a very important legal instrument that
contributes to the decongestion of Philippine jails. Institutional Non-Institutional
That aspect of the That aspect of the
F. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM correctional enterprise correctional enterprise
The Philippine Correctional System has two that involves the that includes pardon,
approaches, and these are, the Community based and incarceration and probation, and parole
institution-based systems. rehabilitation of adults activities, correctional
and juveniles convicted administration not
1. The Institution-Based Approach-The rehabilitation of of offenses against the directly connectable to
offenders in jail or prison law, and the institutions, and
The institution-based approaches has three levels confinement of persons miscellaneous (activity)
and are manned by three different government suspected of a crime not directly related to
agencies responsible for the supervision and control of awaiting trial and

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adjudication. institutional care.

IV.THE ROLE OF COMMUNITY
CORRECTIONS IN THE
II. COMMUNITY-BASED CRIMINAL JUSTICE SYSTEM
CORRECTION PROGRAMS IN THE Community sentence seeks to repair the harm the
offender has caused the victim or the Community,
PHILIPPINES provide for public safety and rehabilitate and promote
The Community-Based Treatment Programs are those effective reintegration.
programs that are intended to treat criminal offenders
within the free community as alternatives to confinement. A community correction has traditionally emphasized
It includes all correctional activities directly addressed to REHABILITATION as its goal. The staff of community
the offender and aimed at helping him to become a law- correctional programs has two potentially competing
abiding citizen. roles that reflect different goals:
Community-based correction programs began in the a. Seeing that offenders comply with the orders of
1970s, 1980s, and 1990s. The programs offer an alternative community sentences.
to incarceration within the prison system. Many b. Helping offenders identify and address their
criminologists believed a significant number of offenders problems and needs.
did not need incarceration in high security prison cells.
Some inmates, who might otherwise have been ready to
turn away from a life of crime, instead became like the
V. BASIC PRINCIPLES UNDERLYING
hardened criminals they associated with in prison. THE PHILOSOPHY OF
In response, states, counties, and cities established
local correctional facilities and programs that became COMMUNITY-BASED TREATMENT
known as community-based corrections. These facilities, PROGRAMS
located in neighborhoods, allowed offenders normal family
The following are the basic principles underlying the
relationships and friendships as well as rehabilitation
philosophy of community-based treatment programs:
services such as counseling, instruction in basic living skills,
how to apply for jobs, and work training and placement.
1. Humanitarian Aspect - Imprisonment is not always
advisable. Placing a person to custodial coercion is
III.ADVANTAGES OF COMMUNITY- to place him in physical jeopardy, thus drastically
narrowing his access to sources of personal
BASED CORRECTION satisfaction and reducing his self-esteem.
1. Family members need not be victims
also for the imprisonment of a member because 2. Restorative Aspect - There are measures expected
the convict can still continue to support his family. to be achieved by the offender, such as an
2. Rehabilitation will be more effective establishment of a position in the community in
as the convict will not be exposed to hardened which he does not violate the laws. These
criminals in prisons who will only influence him to a measures may be directed at changing and
life of crime. controlling the offender. The failure of the
3. Rehabilitation can be monitored by offender to achieve these can result to recidivism.
the community thus corrections can be made and
be more effective. 3. Managerial Aspect - Managerial skills are special
4. It is less costly on the part of the importance because of the sharp contrast
government. Cost of incarcerations will be between the per capital cost of custody and any
eliminated which is extremely beneficial on the kind of community program. It is easier to manage
part of the government. those undergoing community based treatment
programs than that of custodial control.
VI.SUBJECT COVERAGE

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1. Probation - One of the most common forms of

community correction is probation. Probation can
be thought of as a type of post-trial diversion from
incarceration. A term coined by John Augustus, 2. Executive Clemency
from the Latin verb “probare”- to prove, to test. It shall refer to Absolute Pardon,
It is a disposition under which a defendant Conditional Pardon with or without Parole
after conviction of an offense, the penalty of which conditions and Commutation of Sentence as may
does not exceed 6 years of imprisonment, is be granted by the President of the Philippines
released subject to the conditions imposed by the upon the recommendation of the Board of Pardon
releasing court and under the supervision of a and Parole.
probation officer.
Furthermore, it is define as a sentence in which a. Pardon It is a form of executive clemency
the offender, rather than being incarcerated, is granted by the President of the Philippines as
retained in the community under the supervision a privilege to a convict as a discretionary act of
of a probation agency and required to abide by grace. It is an act of grace is extended to
certain rules and conditions to avoid incarceration. prisoners as a matter of right, vested to the
Chief Executive (The President) as a matter of
2. Diversion – For juvenile offender or CICL power. Neither the legislative nor the judiciary
branch of the government has the power to
3. Restitution - In recent years it has become set conditions or establish procedures for the
increasingly common for jurisdictions to include exercise of this Presidential prerogative. The
restitution orders as part of probation. following are the two types of pardon:
Money paid or services provided to victims,
their survivors, or to the community by a convicted 1. Absolute Pardon-It refers to the total
offender to make up for the injury inflicted. extinction of the criminal liability of the
individual to whom it is granted without
4. Halfway houses - Community-based residential any condition whatsoever and restores to
facilities that are less secure and restrictive than the individual his civil rights and remits the
prison or jail but provide a more controlled penalty imposed for the particular offense
environment than other community correctional of which he was convicted.
programs.
Purpose:
Goal of Halfway House: The goal of halfway a. To right a wrong
houses is to provide offenders with a temporary b.To normalize a tumultuous
period of highly structured and supportive living so political situation.
that they will be better prepared to function
independently in the community upon discharge. Absolute Pardon is also granted by a
President to an imprisoned president the
What is home Confinement? It is a program that incumbent has deposed. Absolute Pardon
requires offenders to remain in their homes except is granted in order to restore full political
for approved periods of absence; commonly used and civil rights to convicted persons who
in combination with electronic monitoring. Home have already served their sentenced and
confinement is also known as home incarceration, have reached the prescribed period for
home detention, and house arrest. the grant of Absolute Pardon.
OTHER ASPECTS OF CORRECTIONS 2. Conditional Pardon-It refers to the

exemption of an individual, within certain
1. Parole - It is the process of suspending the limits or conditions; from the punishment
sentence of a convict after having serve the that the law inflicts for the offense he has
minimum of his sentence without granting him committed resulting in the partial
pardon, and the prescribing term upon which the extinction of his criminal liability.
sentence shall be suspended.

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It is also granted by the President of

the Philippines to release an inmate who
has been reformed but is not eligible to be
released on parole.
b. Amnesty - A general pardon extended to a group

of persons, such a political offenders purposely to
bring about the return of dissidents to their home
and to restore peace and order in the community.
c. Commutation of Sentence - An act of the president

changing/ reducing a heavier sentence to a lighter
one or a longer term into a shorter term. It may
alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the
offender but merely to reduce the penalty
pronounce by the court.
d. Reprieve - A temporary stay of the execution of

sentence especially the execution of the death
sentence. Generally, Reprieve is extended to
prisoners sentenced to death.
The date of execution of sentenced is set back

several days to enable the Chief to study the
petition of the condemned man for commutation
of sentenced or pardon.

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CHAPTER II
THE NATURE OF PROBATION
IN THE PHILIPPINES
offender is temporarily suspended and he is permitted to
CHAPTER CONTENTS remain in the community, subject to the control of the
1. Introduction court and under the supervision and guidance of a
2. Concept and Philosophy of Probation probation officer. It is a privilege granted by the court to a
3. Elements and Characteristics of Probation person convicted of a crime or criminal offense to remain
4. Objectives, Purpose and Characteristics of with the community instead of actually going to prison.
Probation Presidential Decree No. 968 otherwise known as the
5. Advantages, Benefits and Savings of Probation Probation Law of 1976 recognizes such trend. However, the
6. Problem Areas of the Probation Law Decree separates adult probation from juvenile probation
7. Probation under PD No. 603 as amended by RA for it expressly excludes those entitled to the benefits
9344 under the provisions of Presidential Decree No. 603, known
as the Child and Youth Welfare Code, and similar laws.
SPECIFIC OBJECTIVES Statements of the principles, goals and objectives of
At the end of the lesson, students should be able to: the Probation Law are found in its Preamble. The Preamble
1. define probation and other related terms. indicates six essential goals, to wit:
2. justify the importance of probation. 1. An enlightened and humane correctional system;
3. understand the concept and philosophy of 2. The reformation of offenders;
probation system. 3. The reduction of the incidence of recidivism;
4. identify the elements and characteristic of 4. To extend to offenders individualized and
probation. community-based treatment programs instead of
5. identify the objectives and purpose of probation. in1prisonment;
6. list the advantages, benefits and savings of 5. It is limited only to offenders who are likely to
probation system. respond to probation favorably; and
7. identify the problem areas of the probation law. 6. It is economical or less costly than confinement to
8. differentiates probation under PD No. 968 and PD prisons and other institutions with rehabilitation
No. 603 as amended by RA 9344. programs.
To provide a less costly alternative to the imprisonment
of first-time offenders, then President Ferdinand E. Marcos
issued on July 24, 1976 Presidential Decree No. 968 known
I. INTRODUCTION as the Probation Law of 1976. Under PD 968, the court
may, after it shall have convicted and sentenced an accused
Most correctional authorities believed that probation is
and upon application of said accused, suspend the
one of the most effective and economical tools which
execution of said sentence and place the accused on
society now has available for the care, treatment and
probation for such period and upon such terms and
rehabilitation of certain adult and juvenile offenders against
conditions as it may deem best. First-time offenders were
the law. Probation is a procedure wherein a sentence of
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given a second chance to maintain their place in society 7. Probationer - means a person placed on probation.
through a process of reformation, which is better achieved 8. Probation- is a disposition under which a
when he is not mixed with hardened criminals within prison defendant, after conviction and sentence, is
walls. released subject to conditions imposed by the
court and to the supervision of a probation officer.
PROBATION DEFINE 9. Probation Investigation - The process of selection,
The word probation is from the Latin word “probatio” diagnoses and planning with the client.
which means testing. the word probation is also said to be 10. Probation Supervision- The continuous process of
originated from the Latin verb “probare” which means to helping the client to follow through with the plans,
prove. reevaluation and working with the client in the
In criminal law it is a period of supervision over an process of planning his life to meet dynamic
offender, ordered by a court instead of serving time in situation.
prison. 11. Probation Officer - public officer like the Chief
In the case of Frad v. Kelly, "Probation is a system of Probation and Parole Officer (CPPO), Supervising
tutelage under the supervision and control of the court Probation and Parole Officer (SPPO), Senior
which has jurisdiction over the convicted defendant, has Probation and Parole Officer (SrPPO), Parole and
the record of his conviction and sentence, the records and Probation Officer II (PPOII), or Parole and
reports as to his compliance with the conditions of his Probation Officer I (PPOI), who investigates for the
probation, and the aid of the local probation officer, under Trial Court a referral for probation or supervises a
whose supervision the defendant is placed." It consists of probationer or does both functions and performs
the conditional suspension of punishment while the other necessary and related duties and functions
offender is placed under personal supervision and is given as directed.
individual guidance or treatment. 12. Probation Office - refers either to the Provincial or
The Philippine Probation Law of 1976, as enacted by City Probation Office directed to conduct
Presidential Decree No. 968, defines probation as, "a investigation or supervision referrals as the case
disposition under which a defendant, after conviction and may be;
sentence, is released subject to conditions imposed by the 13. Probation Order - order of the trial court granting
court and to the supervision of a probation officer." This probation
decree will take effect on January 2, 1978. 14. Prosecutor- lawyer of the victim.
15. Trial Court - refers to the Regional Trial Court (RTC)
TERMS TO PONDER of the Province or City/Municipal Court which has
As used in Section 3 of PD 968 and Section 4 of Parole jurisdiction over the case.
and probation administration omnibus rules on probation 16. Volunteerism - is a strategy by which the parole
methods and procedure. The following shall, unless the and probation administration may be able to
context otherwise requires, be construed thus: generate maximum citizen participation or
1. Amicus Curiae – Means friend of the court community involvement in the overall process of
2. Absconding Petitioner- a convicted accused whose client rehabilitation.
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
II. CONCEPT AND PHILOSOPHY OF
reasonable period of time. PROBATION
3. Absconding Probationer- an accused whose
probation was granted but failed to report for A. CONCEPT OF PROBATION
supervision within the period ordered by the P.D 968 as amended, otherwise known as the
court or a probationer who fails to continue probation law of 1976 defines probation. The court convicts
reporting for supervision and/or whose and sentences the defendant but the execution of the
whereabouts are unknown for a reasonable period sentence, whether it imposes a fine only or a term of
of time. imprisonment is suspended and the defendant is released
4. Defense Counsel/Counsel- lawyer of the petitioner on probation. Probation implies that during the period of
5. Petition- application for probation. time fixed by the court, the defendant is provided with
6. Petitioner - a convicted defendant who files an individualized community based treatment including
application for probation. conditions he is required by the court to fulfill his correction

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and rehabilitation which might be less probable if he were sentence investigation of the petitioner. Only upon the
to serve a prison sentence, and for this purpose, he is filing of an application for probation after conviction and
placed under the actual supervision and visitation of a sentence and a determination that the offender does not
probation officer. fall under any of the disqualifications set forth in the Decree
If the defendant violates any of the conditions of his may the court suspend the execution of sentence.
probation, the court may revoked his probation and order The Post-Sentence Investigation is an indispensable
him to serve the sentence originally imposed. On the other requisite to a grant of probation. The Probation Law
hand, if he fulfills with the terms and conditions of his provides: "No person shall be placed on probation except
probation, he shall be discharge by the court after the upon prior investigation by the probation officer and a
period of probation, where upon the case against him shall determination by the court that the ends of justice and the
be deemed terminated. His final discharged shall operate to best interest of the public as well as that of the defendant
restore to him all civil rights lost or suspended as result of will be served thereby."
his conviction and to fully discharge his liability for any fine The scope of the investigation must be consistent with
imposed as to the offense for which probation was the purposes of probation. In general, it is a fact finding
granted. However, he shall continue to be obliged to satisfy inquiry into all information relative to the character,
liability resulting from the crime committed by him. antecedents, environment, mental and physical condition
The basic legal conceptions of probation in the Decree of the offender, and available institutional and community
are twofold: First, it as a conditional suspension of the resources.
execution of sentence - It denotes that the court assumes a Upon the termination of the Post-Sentence
primary role because a grant of probation is judicially Investigation, the probation officer shall submit to the
dispensed and controlled. Second it is a personal care or court the investigation report on a defendant not later than
treatment and supervision over the probationer - It sixty days from receipt of the order of said court to conduct
indicates the administrative aspect of probation through the investigation. The purpose of the report is to assist the
the supervision of a probation officer and from the point of court in determining whether or not the ends of justice and
view of social workers, a social casework treatment. the best interest of the public as well as that of the
defendant will be served thereby.
PROBATION IS A COURT FUNCTION The recommendation contained in the report is merely
In the Probation Law, the court assumes a dual role. persuasive and is in no way binding upon the court.
First, when it acts in accordance with the jurisdiction it Considering the foregoing and compliance therewith, the
acquires over the accused and proceeds to determine his court will promulgate a probation order. Probation is a
guilt. Assuming an affirmative finding of the offender's guilt privilege and, as such, its grant rests solely upon the
beyond reasonable doubt, the court would convict and discretion of the court. The grant of probation results in the
sentence said offender. Second, when the court determines release of the petitioner subject to the terms and
whether or not to grant probation upon application of the conditions imposed by the court, and to the supervision of
offender. Sections 3(a) and 4 of the Decree clearly shows the Probation Office.33 As to the conditions to be imposed
this dichotomy. by the court, they are enumerated in Section 10 of the
The Decree defines probation in Section 3 as "a Presidential Decree No. 968.
disposition under which the defendant, after conviction and The jurisdiction and control of the court which arises
sentence, is released subject to the conditions imposed by from an imposed sentence, remains with the court even
the court and to the supervision of a probation officer. It is after a grant of probation. This is evident in Sections 32 and
evident from this provision that an offender will be released 40 of the Rules On Probation Methods and Procedures.
on probation only after conviction and sentence. Section 32 provides: "During the period of probation the
Furthermore, Section 4 underlines the necessity of filing an court, motu proprio, or on motion of the probation officer
application with the trial court before the suspension of the or of the probationer, may revise or modify the conditions
execution of the court's judgment. The petition for or terms of the probation order." In case of violation of the
probation may be filed by a petitioner directly with the trial terms and conditions imposed by the court, Section 40
court which exercises jurisdiction over his case. If the court provides "if the violation is established, the court may
finds that the petition is in due form and that the petitioner revoke or continue his probation and modify the conditions
is not disqualified from the grant of probation it shall refer thereof. If revoked, the court shall order the probationer to
the same to the Provincial or City Probation Officer within serve the sentence originally imposed and shall commit the
its jurisdiction as the case may be. The court shall order the probationer." This power of the court underlines the non-
Provincial or City Probation Office to conduct a post- punitive and non-repressive aspect of probation. Such

Crim.
constitutes a sufficient threat to the probationer to fulfill all problems are beneath the symptom and to
terms and conditions imposed by the court. recommend appropriate treatment plans;
3. That the individual has the ability to change and
PROBATION IS A ADMINISTRATIVE PROCESS modify his anti-social behavior with the right kind
Once the court has granted probation to an offender of help;
and has duly imposed the terms and conditions of the 4. The central goal of probation Administration is to
probation, the probation officer has the bounden duty to enhance the safety of the community by reducing
see to it that the probationer observes all terms and the incidence of Criminal acts by person previously
conditions imposed by the court. Probation supervision is convicted. The goal is to achieve through
then a primarily an administrative process. counseling , guidance, assistance, surveillance and
The primary purposes of probation supervision are: restraint of the offender to enable their
(a) To carry out the conditions set forth in the reintegration into society as law abiding and
probation order; productive members;
(b) To ascertain whether the probationer is following 5. The basic idea underlying a sentence to probation
said conditions; and is very simple. Sentencing is in large part
(c) To bring about the rehabilitation of the concerned with avoiding future crimes by helping
probationer and his reintegration into the the defendant learn to live productively in the
community. community which he has offended;
To carry out these purposes the Probation Law upon its 6. This is of course not to say that probation should
approval carried with it the establishment of a Probation be used in all cases, or it will always produce better
Administration an agency under the Department of Justice, results. There are many goals of sentencing some
which shall exercise general supervision over all of which in given case may require the imposition
probationers. The Administration shall have regional offices of a sentence to imprisonment even in the face of
organized in accordance with the field service area pattern a conclusion that the probation is more likely to
established under the Integrated Reorganization Plan. assure that the public that the particular defendant
There shall be at least one probation officer in each will not offend again.
province and city who shall be appointed by the Secretary 7. By the same token however, it can be said that
of Justice upon recommendation of the Administrator and probation is a good bit more than the “matter of
in accordance with civil service law and rules. grace” or “leniency” which characterizes the
At this juncture, it is to be emphasized that in spite of philosophy of the general public and of many
the fact that the Probation Administration is an executive Judges and legislators on the subjects. Probation is
agency, control of the courts over the probationer is not an affirmative correction too, a tool which is used
lost. The basis for such is the first paragraph of Section 13 of not because is maximum benefits to the
the Decree which provides that "the probationer and his defendant, but society which is sought to be
probation program shall be under the control of the court served by the sentencing criminals;
who placed him on probation subject to actual supervision 8. An adequate correctional system will place great
and visitation by a probation officer." reliance on appropriately funded and manned
probation services. Within such context probation
A. PHILOSOPHY OF PROBATION services. Within such context probation can lead to
The Probation adheres to the following philosophy: significant improvement in the preventive effects
1. There is no single cause for delinquent behavior. of the criminal law, at much less of a financial
Human beings are extremely complicated. It is not burden than the more typical prison sentence;
possible to trace complex pattern of Human 9. Imprisonment as a sole cure for prevalence of
behavior to any single cause; Crime is no Longer recognized. Prisons are in
2. Delinquent and criminal acts are symptoms. The themselves often productive of crime and
offender against our law is exhibiting a symptom Destructive of the keepers as well as kept
of social or psychological disturbance, just as a 10. It is generally concealed that probation a matter of
headache is a symptom of a physical disturbance. privilege to be granted refused at discretion of the
This means that the juvenile delinquent or adult State. The applicant has already been convicted
offender is in need of treatment. The job of and sentenced by the court and it is only the mercy
Probation Administration is to find out what the of that he may be given probation;

Crim.
11. No violation of probation conditions should result 6. It is less costly than the confinement of all
in automatic revocation; offenders in prisons.
12. No physical would undertake to prescribe
treatment for sick man unless he has repot of his
ailment and condition (diagnosis), a judge should
IV.OBJECTIVES AND PURPOSE OF
not pass judgment on a man without post- PROBATION
sentence investigation report.
A. OBJECTIVES OF PROBATION
III.ELEMENTS AND The following are the fundamental objectives of a
Probation Agency
CHARACTERISTICS OF 1. Assist the court in matters pertaining to
sentencing
PROBATION 2. Promote community protection by supervising and
monitoring the activities of persons on probation
A. ELEMENTS OF PROBATION 3. Promote the betterment of offenders by ensuring
that they receive appropriate rehabilitation
a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION services
1. A post sentence investigation report which will
serve as the informational for the court’s B. THE PURPOSE OF THE PROBATION LAW
decision to grant or deny probation. The purpose of the Probation Law as stated in Section
2. The conditional suspension of execution of 2 thereof reiterates the above-mentioned characteristics
sentence by the court. and vests in them the mandate of law. It provides that the
3. Condition of probation imposed by the court purpose of the Decree is to:
to protect public safety and to faster the 1. Promote the correction and rehabilitation of an
rehabilitation and reformation of the offender by providing him with individualized
probationer. treatment;
4. Supervision, guidance and assistance of the 2. provide an opportunity for the reformation of a
offender by a probation officer. penitent offender which might be less probable if
he were to serve a prison sentence; and
b. ESSENTIAL ELEMENTS OF THE PROBATION 3. Prevent the commission of offenses.
SYSTEM UNDER PRESIDENTIAL DECREE NO. 968
The following are the essential elements of the
probation system under Presidential Decree No. V. ADVANTAGES, BENEFITS AND
968:
1. Probation is a single or one-time" affair.
SAVINGS OF PROBATION
2. Probation system is highly selective.
3. Persons under probation retain their civil A. ADVANTAGES OF PROBATION
rights, like the right to vote, or practice one's The implementation of the Probation Law will confer
profession, or exercise parental or marital benefits and advantages not only to society in general but
authority. more soon the part of the offender and the government.
Specifically the following are the advantage of probation:
B. CHARACTERISTICS OF PROBATION 1. Probation prevents crime by offering freedom and
1. More enlightened and humane correctional aid only to those who are not likely to assault
treatment. society again.
2. It aims to promote the reformation of the 2. It protects the society by placing under close
offenders. supervision non-dangerous offenders while
3. It reduces the incidence of recidivism. undergoing treatment and rehabilitation in the
4. It extends to offenders individualized and community.
community based treatment programs instead of 3. It conform the modern humanistic trends in
imprisoning them. Penology.
5. It is limited to offenders who are likely to respond 4. It prevents youthful of first time offenders from
favorably there to. turning into hardened criminals.

Crim.
5. It is a measure of cutting enormous expends in C. SAVINGS OF PROBATION

maintaining jails. The following are the savings of probation:
6. It reduces recidivism and overcrowding of jails and 1. Probation is one tenth the cost of detention. As
prisons. illustrated, the per capita cost of maintaining one
7. It reduces the burden of police forces and offender in the Philippines is estimated at Php
institution in feeding and guarding detainees. 11,000.00 annually, while it costs only Php 300.00
8. It gives the first and light offenders a second to maintain one offender on probation.
chance in life. 2. This means savings of Php 30,000.00 when 10,000
9. It makes the offender productive or taxpayers of 40,000 offenders are on probation annually. It is
instead of tax eaters. expected that at least one third of the prisons and
10. It restores to successful probationers his civil rights jail population in the country would benefit from
which was previously lost or suspended as a result probation.
of conviction. 3. The average per capita income of a Filipino in 2003
11. It has been proven effective in developing according to the National Statistics and
countries that have adopted it. Coordination Board (NSCB) was Php 30,703.00. It
12. It is advocated by the United Nations in its various means that when 10,000 probationers are making
congresses in crime prevention and treatment of a living they will produce Php 307,030,000.00 in
offenders goods and service annually. A part of this goes to
the government in forms of taxes. Indeed,
B. BENEFITS OF PROBATION detention makes tax eaters while probation makes
Probation has the following benefits: TAX PAYERS.
1. It protects society 4. The cost of constructing and preparing prisons and
a. from the excessive cost of detention jails is enormous which would run to at least
b. from the high rate of recidivism of detained Php10,000,000 annually in order to accommodate
offender 40,000 offenders.
5. The probation system saves the government a
2. It protects the victim total of Php 4.678 Billion in terms of prisoners
a. it provides restitution maintenance in jails and prisons all over the
b. it preserves justice country.
6. Philippine Probation System adheres to the
3. It protects the family concept of Restorative Justice. Thus, a total of Php
a. it does not deprive the wife and children of 137.923 Million has been paid to clients’ victims
husband and father and/or their heirs
b. it maintains the unity of a home 7. The biggest savings of probation aside from money
are, however, in the forms of human resources,
4. It assists the government dignity, time and opportunity for development,
a. it reduces the population of prisons and jail which are most needed by our society.
b. it lessens the clogging of courts
c. it lightens the load of prosecutors
5. It helps the offender

VI.PROBLEM AREAS OF THE
a. it maintains his earning power PROBATION LAW
b. it provides rehabilitation in the community
c. it restores his dignity 1. Presidential Decree No. 968 will cover civilians tried
and convicted by military tribunals. Section 1 provides:
6. It justifies the philosophy of men "it shall apply to all offenders except those entitled to
a. that life is sacred the benefits under the provisions of Presidential
b. that all men deserve a second chance Decree No. 603 and similar laws." Section 9 on
c. that and individual can change disqualified offenders does not include those convicted
d. that society has the moral obligation to lift the by military tribunals.
fallen

Crim.
What are the "similar laws" referred to in Section 1? commitment of the defendant to prison for the
Two can readily be mentioned-The Dangerous Drugs service of his sentence, and not thereafter. The
Act of 1972 and the Articles of War. defendant may apply for probation in case of appeal
from a judgment of conviction. He may apply for
2. The cut-off point at six years imprisonment for probation as long as he has not begun serving his
extending the benefits of probation refers to the sentence, and obviously this does not happen if the
sentence actually imposed, not that prescribed by law sentence has not become final and executory, such as
for the offense committed. during the pendency of an appeal.
3. The probation law does not disqualify one who has 6. The rule of automatic withdrawal of pending appeal
been convicted of an offense penalized by DESTIERRO, applies in case the application for probation is made
such as that of killing or inflicting serious physical when the appellate court has already rendered its
injuries under the exceptional circumstances in Article decision, there being no indication in the probation law
247 of the Revised Penal Code or concubinage insofar to the contrary, and the operation of such rule being in
as the concubine is concerned in Article 334, of the accordance with the maxim that laws should be
same. Unlike Section 9(a), Section 9(c) has reference to liberally construed in favor of the accused.
the penalty imposed by law.
7. The application for probation may be in any form,
Under Section 9(d), one who has been on probation whether written or oral. While Section 4 of the Decree
only under the Juvenile Delinquency Act of 1924, Article states that the application shall be filed with the court,
80 of the Revised Penal Code, or the Child and Youth this does not necessarily mean that it should be in
Welfare Code will not be disqualified. writing, even if a written form would definitely be more
convenient to the court. A liberal construction of the
Under disqualification (e), those who will serve law beneficial to the accused would not consider the
sentence after the substantive provisions of the Decree use of the term 'filed' by the law, as impliedly requiring
shall become operative will be permitted to do so, a written form.
according to one view. The reason given is that
otherwise it would have been unnecessary for the law 8. Defendant is not entitled as a matter of right to the
to specify the time at which the offender concerned assistance of counsel in the investigation. The
should be serving his sentence. Another view, probation law does not have a provision guaranteeing
however, points to the principle of separation of the right to counsel in such investigation. The
powers. constitutional guarantee that in all criminal
prosecutions the accused shall enjoy the right to be
4. Probation, it is argued, as laid out by the Decree is heard by himself and counsel and that any person
primarily a judicial function, while the service or under investigation for the commission of an offense
execution of sentence is an executive one. When the shall have the right to counsel would not seem to apply
convict is delivered to the hands of the prison because the investigation by the probation officer is
authorities, to subsequently allow the judiciary to reach neither prosecutory nor accusatory in character. It is
him by suspending the further service of his sentence merely a fact-finding inquiry.
and placing him on probation would constitute an
intrusion into the prerogatives of the executive to 9. Neither is the constitutional guarantee against self-
whom belongs the exclusive power to grant reprieves, incrimination that no person shall be compelled to be
commutations and pardons and remit fines and a witness against himself, available in the
forfeitures. investigation. The said guarantee does not depend
upon the nature of the proceedings in which it is
Therefore, according to this view, offenders who are invoked, of course, and it may be availed of as long as
already serving sentence, no matter when they start the questions objected to would incriminate the
or may be found to be serving sentence, are NOT person who 'is asked to answer the same. But it is an
qualified for the benefits of the Decree. established doctrine that where the answer to a
question, however self-incriminating, may not be used
5. It cannot be made at any time after conviction and as evidence of criminal liability of the respondent
sentence, but rather extends only up to the actual because there is a law prohibiting its use for that

Crim.
purpose, then the privilege against self-incrimination Probation Law. Indeed, under Article 112 in relation to
may not be validly invoked to justify refusal to answer Article 113, of the Revised Penal Code, except in case of
the question. Section 17 of the Probation Law provides extinction of his civil liability in accordance with the
that the investigation report and the supervision provisions of the civil law, the offender shall continue
history of the probationer obtained under this decree to be obliged to satisfy the civil liability resulting from
shall be privileged, i.e., it may not legally be used as· the crime committed by him, even if he has served his
evidence of liability. sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by
We raise one question, though. The same Section 17 reason of amnesty, pardon, commutation of service, or
itself provides that "the investigation report and the any other reason.
supervision history x x x shall be privileged and shall
not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court
VII. PROBATION UNDER PD NO.
concerned x x x." If the defendant cannot invoke the 603 AS AMENDED BY REPUBLIC
privilege against self-incrimination during the
investigation, would not the incriminating answers ACT NO. 9344
given prejudice the court in deciding whether it will The Presidential Decree (PD) 603 is known as the Child
grant probation or not? and Youth Welfare Code. The Decree was signed by his
Excellency President Ferdinand Marcos on December 10,
10. Pending submission of the investigation report and 1974 and took effect on June 10, 1975. It provides for the
the resolution of the petition for probation, the grant of probation to youthful offender as an alternative to
defendant may be allowed on temporary liberty under imprisonment. It is considered as the second probation law
his bail filed in the criminal case, or on recognizance. of the Philippines which is intended only for minors.
Presidential Decree No. 603 applies to youthful
11. While the grant or denial of probation is not offenders. It suspends the sentence of minor offenders
appealable, certiorari will lie, under the general law on whose ages range from 9 years old but not more than 21
certiorari. This is not appeal for he does not question years old (now 18) the time of the commission of the
the findings of fact of the trial court but only the offense and places them to rehabilitation center. It states,
reasonableness of the order based thereon and "if after hearing the evidence in the proper proceedings,
adequate remedy in the ordinary course of law, a the court should find that the youthful offender has
person aggrieved thereby may file a verified petition in committed the acts charged against him, the court shall
the proper, court alleging the facts with certainty and determine the imposable penalty, including any civil
praying that judgment be rendered annulling or liability chargeable against him. However, instead of
modifying the proceeding as the law requires of such pronouncing judgment of conviction, the court shall
tribunal, board or officer. The petition shall be suspend further proceedings and shall commit such minor
accompanied by a certified true copy of the judgment to the custody or care of the Department of Social Welfare,
or order subject thereof, together with copies of all or to any training institution operated by the government,
pleadings and documents relevant and pertinent or duly licensed agencies or any other responsible person,
thereto. until he shall have reached 21 years of age (now 18), or for a
shorter period as the court may deem proper.
12. The grant of probation does not erase, modify of
otherwise affect the offender's CIVIL LIABILITY. NOTA BENE: The age of minority is lowered from 21 to 18
Probation is a substitute for imprisonment and other years old.
criminal penalties, not a mode of discharging the civil
liability, which is owed not to the State but to the RELATED PROVISIONS UNDER REPUBLIC ACT NO. 9344
offended party. The sentence, which is suspended from
execution, means only the imposition of the criminal Sec. 5 of Republic act No. 9344: Rights of the Child in
penalties, not the civil liability. If it were otherwise, the Conflict with the Law. - Every child in conflict with the law
offended party would have to file a separate civil action shall have the following rights, including but not limited to:
thereby creating multiplicity of suits, contrary to public xxx
policy. In fact, civil indemnification might be imposed
as a condition for probation under Section 10 (k) of the

Crim.
(m) the right to probation as an alternative to Counseling Division (SSCD) of the Supreme Court, as the
imprisonment, if qualified under the Probation case may be, shall determine the appropriate disposition. In
Law; xxx case the appropriate court executes the judgment of
conviction, and unless the child in conflict the law has
Sec. 42 of Republic act No. 9344: Probation as an already availed of probation under Presidential Decree No.
Alternative to Imprisonment. - The court may, after it shall 603 or other similar laws, the child may apply for probation
have convicted and sentenced a child in conflict with the if qualified under the provisions of the Probation Law.
law, and upon application at any time, place the child on DISTINCTION BETWEEN PROBATION UNDER
probation in lieu of service of his/her sentence taking into PRESIDENTIAL DECREE NO. 603 AND UNDER
account the best interest of the child. For this purpose, PRESIDENTIAL DECREE NO. 968.
Section 4 of Presidential Decree No. 968, otherwise known Presidential Decree No. Presidential Decree No. 968
as the "Probation Law of 1976", is hereby amended 603
accordingly.
Under Presidential Decree Under Presidential Decree
Sec. 43 of Republic act No. 9344: Confidentiality of Records No. 603 the youthful No. 968, the offender is
and Proceedings. - All records and proceedings involving offender is neither convicted and sentenced.
children in conflict with the law from initial contact until convicted nor sentenced Section 3 defines probation
final disposition of the case shall be considered privileged although the court finding as a disposition under which
and confidential. The public shall be excluded during the him guilty determines the a defendant, after conviction
proceedings and the records shall not be disclosed directly imposable penalty and and sentence, is released
or indirectly to anyone by any of the parties or the orders his commitment as subject to conditions
participants in the proceedings for any purpose a matter of course to any imposed by the court and to
whatsoever, EXCEPT to determine if the child in conflict of the trustees for his the supervision of a
with the law may have his/her sentence suspended or if correction and probation officer. The
he/she may be granted probation under the Probation rehabilitation, even probationer is not committed
Law, or to enforce the civil liability imposed in the criminal without his asking for it to any institution but is set
action. and without any prior free under the constructive
The component authorities shall undertake all investigation. custody of the court which
measures to protect this confidentiality of proceedings, heard his application for
including non-disclosure of records to the media, probation. Section 4 of the
maintaining a separate police blotter for cases involving Probation Decree requires
children in conflict with the law and adopting a system of that defendant should apply
coding to conceal material information which will lead to for probation.
the child's identity. Records of a child in conflict with the
law shall not be used in subsequent proceedings for cases
involving the same offender as an adult, except when
beneficial for the offender and upon his/her written
consent.
A person who has been in conflict with the law as a
child shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by
reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made to
him/her for any purpose.
Sec. 67 of Republic act No. 9344: Children Who Reach the

Age of Eighteen (18) Years Pending Diversion and Court
Proceedings. - If a child reaches the age of eighteen (18)
years pending diversion and court proceedings, the
appropriate diversion authority in consultation with the
local social welfare and development officer or the Family
Court in consultation with the Social Services and

Crim.
CHAPTER III
THE HISTORICAL DEVELOPMENT
OF PROBATION
[
I. INTRODUCTION
CHAPTER CONTENTS The concept of probation, from the Latin, probatio,
1. Introduction "testing," has historical roots in the practice of judicial
2. Historical Development of Probation reprieve.
3. Basic differences between P.D. No. 968 and Act In English common law, prior to the advent of
No. 4221 democratic rule, the courts could temporarily suspend the
4. Forerunners of Probation execution of a sentence to allow a criminal defendant to
5. The probation law and its amendment appeal to the monarch for a pardon. Probation first
developed in the United States when John Augustus, a
SPECIFIC OBJECTIVES Boston cobbler, persuaded a judge in the Boston police
At the end of the lesson, students should be able to: court in 1841 to give him custody of a convicted offender, a
1. understand, summarize and discuss the historical "drunkard," for a brief period and then helped the man to
development of probation particularly in England, appear rehabilitated by the time of sentencing.
United States and Philippines. Even earlier, the practice of suspending a sentence was
2. name the personalities and recognized their used as early as 1830 in Boston, Massachusetts, and
contribution to the development of probation. became widespread in U.S. courts, although there was no
3. understand, digest and discuss the ruling of the statutory provision for such a practice.
Supreme Court in the case of People vs. Vera. At first, judges, most notably Peter Oxenbridge
4. differentiates P.D. 968 to Act no. 4221. Thatcher of Boston, used "release on recognizance" or bail
5. identify and discus the forerunners of probation. and simply refrained from taking any further action. In 1878
6. understand, summarize and explain amendments the mayor of Boston hired a former police officer, the
to P.D. 968. ironically named "Captain Savage," to become what many
recognize as the first official probation officer. By the mid-
19th century, however, many Federal Courts were using a
judicial reprieve to suspend sentence, and this posed a legal
question.
Crim.
In 1916, the United States Supreme Court, in the Killets unexpected period, the confidential officer visits the
Decision, held that a Federal Judge (Killets) was without guardian, makes inquiries and keeps notes of information
power to suspend a sentence indefinitely. This decision led received.
to the passing of the National Probation Act of 1925, He conducted his experiment in the Birmingham Court.
thereby, allowing courts to suspend the imposition of Beginning in the early years of 1481, he acted for and in
incarceration and place an offender on probation. behalf of juvenile offenders, when he believes:
Probation developed from the efforts of a philanthropist, 1. The individual is not fully corrupt
John Augustus, who looked for ways to rehabilitate the 2. There was reasonable hope of reformation
behavior of criminals. 3. When there could be found persons to act
Massachusetts developed the first state-wide As guardian they are kind enough to take charge of the
probation system in 1880, and by 1920, 21 other states had young convict. In the belief that there is better hope for
followed suit. With the passage of the National Probation reformation under such guardians than in prison.
Act on March 5, 1925, signed by President Calvin Coolidge, At unexpected period, confidential officers visits the
the U.S. Federal Probation Service was established. On the guardians, make inquiries and register facts. He was thus
state level, pursuant to the Crime Control and Consent Act informed and records were kept.
of 1936, a group of states entered into an agreement
wherein they would supervise probationers and parolees
who reside in each other's jurisdictions on each other's
B. HISTORICAL DEVELOPMENT OF PROBATION IN
behalf. Known as the Interstate Compact for the UNITED STATES
Supervision of Parolees and Probationers, this agreement The first state to enact a real probation law in United
was originally signed by 25 states in 1937. States is Massachusetts. The first practical demonstration
By 1951, all the states in the United States of America of probation, first use of the term as court service, and the
had a working probation system and ratified the Interstate enactment of the first probation law occurred in
Compact Agreement. In 1959, the new states of Alaska and Massachusetts.
Hawaii, the Commonwealth of Puerto Rico, and the
territories of the Virgin Islands, Guam, and American Samoa Volunteer services evolved in Maryland. The prisoners
ratified the act as well. Aid Association of Maryland, organized in 1869, employed
agents to visit the prison and assist released prisoners and
gradually they began to investigate cases and assist
II. HISTORICAL DEVELOPMENT OF offenders before the Baltimore courts. A 1894 law provided
that any court in the state might release on probation for
PROBATION “good conduct” a person convicted of any offense not
capital, if no previous conviction was proved against him,
A. HISTORICAL DEVELOPMENT OF PROBATION upon his entering into a recognizance, with or without
IN ENGLAND sureties, and during such period as the court may direct to
appear and received judgment when called upon, and in the
Early in the 19th century the English magistrates
meantime to keep the peace and be of good behavior.
initiated experiments to save young and inexperienced
offenders from stigma of prison. They made use of the
Another state adopting a partial measure was Missouri
latitude allowed then under the common law to bind over
with its “parole of convicted person’s law of 1897.”
defendants, who should be brought back for sentence if
the conditions of release were violated.
The second state to enact a real probation law. The
The need for supervision and assistance to those so
Vermont like Missouri and unlike Massachusetts provided
released was met by assigning the young offender to the
for probation only after suspension of the execution of
care and guardianship of his parents or his employer with
sentence. The bills in both states were supported by the
an occasional check on his progress by the police.
state correctional agencies. Many features of the
Massachusetts law were incorporated, with several
WHO IS MATHEW DAVENPORT HILL?
innovations since followed elsewhere. Vermont was the
Mathew Davenport Hill is considered the father of
first to adopt a county plan.
probation in England. He left an interesting account of his
experiments in the Birmingham court. He was in the
The third state to enact a real probation law is Rhode
forefront of reforming juvenile offenders. He finds persons
Island. A complete state-administered probation system
who act as guardians of the juvenile offender. Then at an
appeared first in Rhode Island. The Act of 1899 empowered
Crim.
the board of state charities and corrections to appoint a men charge with drunkenness. Then men and women
state probation officer and additional probation officers, charge with other offense and then children/ number of
“one of whom at least shall be a women,” to serve all cases increases each year
courts in the state. The Act followed Massachusetts in
permitting the use of probation before the imposition of METHODS OF AUGUSTUS
sentence and even without conviction but the limitation of 1. Provide bail for temporary suspension of
probation to less serious offenses was an unfortunate punishment of sentence
departure from the laws of Massachusetts and Vermont. 2. Then he sought counsel and assists his charges in
finding homes, securing employment and adjusting
Success of probation became known in other English family difficulties.
speaking countries. Illinois and Minnesota in 1899 Plan for 3. At the end of probation he brought offender back
children only. New Jersey and New York enacted probation to court-if no further charges are found- judge
law in 1900. imposes a nominal fine with cost if man is poor,
Augustus advance fine as a loan.
Finally, on March 4, 1925 the UNITED STATES FEDERAL
PROBATION ACT was enacted. AUGUSTUS EXPERIMENT
- August 1841- Rugged drunk man
WHO IS JOHN AUGUSTUS? - 3 weeks -The drunkard was brought back to
court where the judge cannot recognize him.
John Augustus is the father of probation in the USA. He Imposes a fine of $ 3.76.
is a Boston shoemaker, first to develop a sustained service - Augustus died on June 21, 1859. And out of 2000
to promote temperance and to reclaim drunkards. person whom he extended his help, only 10 were
Although later he begun to take men and woman charged ungrateful. And out of 1100 cases, only one case
with other crimes, then eventually children. As indicated by was forfeited.
the story of the first case, his method was to provide bail - Massachusetts became the 1st country to enact a
for a temporary suspension or postponement of sentence, probation law on April 21, 1878
during which he sought to counsel and assist such persons
find homes, securing employment and adjusting family WHO IS GOVERNOR ALEXANDER H. RICE?
difficulties. At the end of the probation period, he brought He provided appointment and prescribed duties for
back the offender to court, and if no further complaint had paid probation officers.
been lodged against the offender, the judged imposed a
nominal fine with costs. If the man was too poor, Mr. WHO IS PRESIDENT CALVIN COOLIDGE? The former
Augustus advanced the amount, usually as loan. governor of Massachusetts.
John Augustus originated in rudimentary form, many of
the techniques of probation officers and other social
workers today, including casework, foster home
C. HISTORY OF PROBATION IN THE
placement, and protective work for women and children. PHILIPPINES
This was brought about by the changing attitudes of A. The Adult Probation Law of 1935
the people towards law breaker and the removal of the The Philippine Legislature enacted the first probation
inherited attitudes from the PURITANS. of the Philippines. The first legislation was Act No. 4221
enacted by the Philippine legislature on August 07, 1935 and
John Augustus was born in 1785 at Woburn which created a Probation Offices under the Department of
Massachusetts and moved to Lexington Green and became Justice led by a Chief Probation Officer appointed by the
a Cordwainer or Bootmaker. He prospered and acquired American Governor General with the advice and consent of
large track of land apart conveyed to Lexington Academy the United States. This Law provided probation for the first
to erect a school. Which he became a trustee. In 1827 he time offenders, eighteen years of age and over, convicted
moved to Boston and set up a shop at Franklin Avenue near of a certain crime.
the Courthouse. He began to visit courthouse because of
his membership with the Washington Total Abstinence However, the law stayed in the statue Books for only
Society, formed in Boston in 1841 to promote temperance Two years. The act subsequently declared unconstitutional
and to reclaim drunkards. During the first year, he took only

Crim.
by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37

O.G. 164. The rationale for recommending priority consideration
to the establishment of a probation system is clearly
NOTA BENE: apparent.
The ill-fated Act was only procedural framework that 1. The penal system in the country is characterized by
was antagonistic with the constitution/charter. substandard treatment of prisoners. To try to train
Section 11 of Act no 4221, the fatal provision of the lawbreakers to obey the law in a substandard system is
Act, provided that "This Act shall apply only in those self-defeating.
provinces in which the respective provincial boards 2. The deterrent potentiality of the prisons is grossly
have provided for the salary of a probation officer . . .. " exaggerated. No one has ever proved that the threat
of severe punishment actually deters crime.
The declaration of unconstitutionality of the Probation 3. Prisons heighten the offenders' weaknesses and erode
Act of 1935 created a gap in the criminal justice system in their capacity for responsibility and sociability.
the Philippines. The criminal justice system is the machinery 4. The maintenance of penal institutions is costly on the
which society uses in the prevention and control of crimes. part of the government. In view of these
Its components are the police, the courts, the penal considerations, an alternative to institutionalization for
institutions, the probation and the parole systems the certain types of offenders was proposed. Such
components are highly dependent upon one another. The proposal was subsequently translated into a law on
failure of one can destroy the effectiveness of all the others July 24, 1976, which is now known as the "Probation
within the system. Law of 1976" or Presidential Decree No. 968.
In order to heighten the awareness of interdependency WHO IS TEODULO C. NATIVIDAD?

and cooperation among the components of the criminal He is the Father of Probation in the Philippines. He
justice system, as well as to improve judicial process and to headed the committee (IDCCP) primarily tasked with the
reduce the level of criminality, the National Police drafting of the adult probation law.
Commission created an Inter-Disciplinary Committee in 1974
to prepare a National Crime Prevention Program. On July A. THE ADULT PROBATION LAW OF 1976
24, 1976, a "National Strategy to Reduce Crimes" was It took a long time before another attempt was made
finalized and presented to the President of the Philippines. with introduction then by Congressman Teodulo C.
The Strategy proposed a two-pronged attack to reduce Natividad in collaboration with former Congressman
crime in the country, namely: (1) to give emphasis on the Ramon D. Bagatsing, House Bill No. 393. The measure was
prevention and control of high-fear and economic crimes by passed in the Lower House and was pending in the senate
implementing a number of priorities of actions; and (2) to when Martial Law was proclaimed in 1972.
improve the quality of the criminal justice system by
facilitating teamwork among its interdependent The Presidential decree No. 968, established a
components. probation system less costly alternative to the
imprisonment of the offender who are likely to respond to
The following priorities of action were recommended: individualized, community-based treatment program is the
1) Improvement of the quality of the criminal justice second legislation that enforces a probation system in the
system among its interdependent components; country.
2) Improvement of the management skills of law
enforcement; On Nov. 13, 1974, the Inter-Disciplinary Committee on
3) Reducing the delays in the criminal justice Crime Prevention (IDCCP) was created to formulate a
processes; national crime prevention program for the courtly.
4) Making corrections more attuned to its role of
rehabilitating law offenders; and NOTA BENE: The committee places emphasis on “Pro-
5) Increasing the community participation in crime action (crime prevention) rather than Reaction (action
prevention. after occurrence of the crime).
There were a number of projects recommended under
each of these priorities of action, among which was the INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION
establishment of an adult PROBATION SYSTEM. It was a (IDCCP)
priority action under (4).

Crim.
The delegation’s official report served as the turning As advocated by the United Nations, the five-penal
point for the Inter-Disciplinary Committee on Crime multi-sectoral body is composed of experts from the
Prevention of the commission to formulate for a national various sectors and disciplines comprising the five pillars of
crime prevention program. As mandated under Section 4(k) criminal justice system, namely: Police, Prosecution, Court,
of republic Act no. 4864, otherwise known as the police Act Correction and Community Participation. The panel on
of 1966”, the National Police Commission, on November 13, community participation has sub-panels on education,
1974, created the IDCCP. The IDCCP then under the charge welfare, religion, Barangay, health and economics.
of Commissioner Teodulo C. Natividad, was asked by the
Secretary and Chairman of NAPOLCOM, Juan Ponce Enrile Under the leadership of Commissioner Teodulo C.
to draft the adult probation decree. Natividad, the IDCCP, after barely two months of work
This Committee, the Inter-Disciplinary Committee, is evolved a proposed system of probation for adults based
composed of authorities and representative from the five on evaluation of projects on crime prevention and
pillars of the criminal justice system. After a laborious treatment of offenders in the courtly, notably the Bacolod
period of eighteen technical hearings involving sixty source City experiment on social defense.
persons, came out with the draft decree for presentation at
a seminar on the Probation System sponsored by the This was later incorporated as part of PD 968 which
National Police Commission and the U.P. Law Center on was signed into law by Pres. Ferdinand E. Marcos on July
April 24, 1976 subsequently attended by 369 participants. 24, 1976. Note: Jan. 3, 1978 – affectivity of the substantive
provisions of PD 968.
The Proposal was reviewed by a mixture of Jurist,
Penologist, Policemen, Educators subsequently civic B. CASE ANALYSIS: PEOPLE VS. VERA
leaders, social and behavioral scientist, media men blue and PEOPLE OF THE PHILIPPINES VS VERA
white collar workers and housewives. Two (2) foreign (G.R. NO. L-45685, NOVEMBER 16 1937)
experts participated namely Dr. Torsten Erickson, former
United Nations Inter-Regional Adviser on Crime Prevention FACTS:
Justice and Dr. A. Lamonth Smith. Director for Research Cu-Unjieng was convicted of criminal charges by
Program Planning and Elicit comments on the adoption of the trial court of Manila. He filed a motion for
adult probation system in the country. reconsideration and four motions for new trial but all were
denied. He then elevated to the Supreme Court of United
A survey was made to elicit comments on the adoption States for review, which was also denied. The SC denied the
of the adult probation system in the country. Favorable petition subsequently filed by Cu-Unjieng for a motion for
resulted showed 87.1% in favor of the adoption, 7.1% new trial and thereafter remanded the case to the court of
apprehensive and 5.8% non-committal. origin for execution of the judgment. CFI of Manila referred
the application for probation of the Insular Probation Office
Thereafter, the draft was sent to the Secretary of the which recommended denial of the same. Later, 7th branch
Department of the National Defense, Secretary of the of CFI Manila set the petition for hearing. The Fiscal filed an
Department of the Justice and to the Supreme Court for opposition to the granting of probation to Cu Unjieng,
review and endorsement of the President. alleging, among other things, that Act No. 4221, assuming
that it has not been repealed by section 2 of Article XV of
The final forum of the proposed institutionalization of the Constitution, is nevertheless violative of section 1,
adult probation in the country was the First National subsection (1), Article III of the Constitution guaranteeing
Conference on Crime Control, which was held at Camp equal protection of the laws. The private prosecution also
Aguinaldo from July 22 to July 24, 1976. It was on this filed a supplementary opposition, elaborating on the
historic last day of the Conference that the Presidential alleged unconstitutionality on Act No. 4221, as an undue
Decree No. 968 and thereby Transported the criminal delegation of legislative power to the provincial boards of
justice system of the country to the twentieth century. In several provinces (sec. 1, Art. VI, Constitution).
the process, the president also appointed as the first
Probation Administration, NAPOLCOM Chairman, Teodolo ISSUE:
C. Natividad in a concurrent capacity. Whether or not:
1. the Act No. 4221 encroaches upon the pardoning
THE MULTI- SECTORAL BODY power of executive.

Crim.
2. the Act No. 4221 constitute on undue delegation of The provincial boards of the various provinces are
legislative power. to determine for themselves, whether the Probation
3. the Act No. 4221 denies the equal protection of the Law shall apply to their provinces or not at all. The
law. applicability and application of the Probation Act are
entirely placed in the hands of the provincial boards. If
the provincial board does not wish to have the Act
RULING: applied in its province, all that it has to do is to decline
to appropriate the needed amount for the salary of a
1. No. There is no encroaches upon the pardoning power probation officer.
of executive. act does not encroached in any upon the
powers of the executive as they have understood and The clear policy of the law, as may be gleaned from
practiced from the earliest time; a careful examination of the whole context, is to make
the application of the system dependent entirely upon
The Court held that the Probation Act did not, by the affirmative action of the different provincial boards
the force of any of its provinces, fix and impose upon through appropriation of the salaries for probation
the provincial boards any standard or guide in the officers at rates not lower than those provided for
exercise of their discretionary power. What was provincial fiscals. Without such action on the part of
granted was a "roving commission" which enabled the the various boards, no probation officers would be
provincial boards to exercise arbitrary discretion. By appointed by the Secretary of Justice to act in the
Section 11 of the Act, the legislature did seemingly on provinces.
its own authority extend the benefits of the Act to the The Philippines is divided or subdivided into
provinces but in reality left the entire matter for the provinces and it needs no argument to show that if not
various provincial boards to determine for themselves one of the provinces — and this is the actual situation
whether the Probation Law should apply to their now — appropriate the necessary fund for the salary of
provinces or not at all. The applicability and application a probation officer, probation under Act No. 4221
of the Act was entirely placed in the hands of the would be illusory. There can be no probation without a
provincial boards. If a provincial board did not wish to probation officer. Neither can there be a probation
have the Act applied in its province, all it had to do was officer without the probation system.
to decline to appropriate the needed amount for the
salary of a probation officer without even stating the 3. Yes, it denies the equal protection of the law
reason therefore. The plain language of Section 11 was
not susceptible of any other interpretation. This was a The act was surrender of legislative power to the
virtual surrender of legislative power to the provincial provincial board for its application was left to their
boards. determination in providing for the salary
appropriation , although there are no provision that fix
2. Yes. There is undue delegation of legislative power. and impose any standards to guide in the exercise of
provincial board’s discretionary power;
SC conclude that section 11 of Act No. 4221
constitutes an improper and unlawful delegation of That the unwarranted delegation of Power under
legislative authority to the provincial boards and is, for section11 of Act No. 4221 created a situation for
this reason, unconstitutional and void discrimination and inequality to exits as one province
may appropriate then necessary funds for the salary of
The challenged section of Act No. 4221 in section 11 a probation officer while another may refuse or fail to
which reads as follows: "This Act shall apply only in do so;
those provinces in which the respective provincial boards
have provided for the salary of a probation officer at Hence it contravened the equal protection of the
rates not lower than those now provided for provincial law clause for those persons who may enjoy the
fiscals. Said probation officer shall be appointed by the benefits of Probation.
Secretary of Justice and shall be subject to the
direction of the Probation Office." In more precise language, the high court assailed
that it bluntly called a “roving commission” that enable
provincial boards to exercise arbitrary discretion so

Crim.
that if a provincial board did not wish to have the Act thousand four
applied in its provincial, all that it had to do was to hundred
pesos.”
decline to appropriate the needed amount for the As to the The conditions of The imposition of the said
salary of probation officer, which construed as a virtual condition of Probation make it conditions on the
surrender of Legislative power to the provincial boards. the MANDATORY for the probationer was merely
probation Court to issue a probation DISCRETIONARY on the
order order containing specific part of the Court issuing the
It was considered class legislation. Under this law conditions for the probation order. (Section 3)
probation existed only in cities and municipalities, probationer to fulfill.  There is
which were given appropriation for, said purpose by (Section 10) reparation or
legislature.  The reparation restitution by the
or restitution by probationer to
the probationer the aggrieved
III.BASIC DIFFERENCES BETWEEN to the aggrieved
parties for
parties for actual
damages or
P.D. 968 AND THE PROBATION actual damages
or losses caused
losses caused by
his offense.
ACT OF 1935 by his offense is
DELETED.
As to the It provides that "in all It provides that the period
Presidential Decree 968 Act no. 4221 period of other cases, the probation of probation of a
(Probation Law of 1976) (Probation Law of 1935) probation period shall not exceed 6 probationer found guilty of
As to It expressly and explicitly It expressly and explicitly years. (Section 14) "any other offense" did not
Applicability provides that "There shall provides that this Act shall exceed twice the maximum
of the be at least one probation apply only in those The new law, therefore, time of imprisonment to
probation officer in each province provinces in which the provides for a definite and which he might be
law and city who shall be respective provincial boards shorter probation period. sentenced. (Section 7)
appointed by the have provided for the salary As to the The Law provides that an Nowhere in the old
Secretary of Justice upon of a probation officer . . . " appealability order granting or denying Probation Law can there be
recommendation of the (Section 11) of the order probation shall not be found a provision to this
Administrator and in granting or appealable. (Section 4) effect.
accordance with civil denying
service law and rules."  The Probation probation
(Section 23) Law applies only As to the It contains a GENERAL It gave an enumeration of
 The Probation to provinces and offenses not enumeration. It provides the offenses not covered by
Law applies to cities in which covered that the benefits of this the Act. This enumeration
all provinces their respective Decree shall not be SPECIFIED the crimes not
and cities, provincial boards extended to those: covered. These were:
uniformly and have provided (a) sentenced to 1. Homicide
without for the salary of serve a maximum 2. Treason
discrimination. a probation term of 3. Misprision of
 The salary of officer. imprisonment of treason
the probation  The salary of the more than 6 years; 4. Sedition
officer in each probation officer (b) convicted of any 5. Espionage
province or city is to the offense against 6. Conspiracy or
is provided for discretion of the the security of the proposal to
by law, no respective State; commit treason
longer subject provincial (c) who have 7. Piracy
to the boards. previously been 8. Brigandage
discretion of  The Probation convicted by final 9. Arson
the respective Law divests the judgment of an 10. Robbery in band
provincial provincial boards offense punished 11. Robbery with
boards. of the power to by imprisonment violence on
 The law determine of not less than persons when it
expressly whether or not one month and was found that
provides that salary of a one day and/or they displayed a
"The Provincial probation officer fine of not less deadly weapon
or City in their than two hundred and
Probation respective pesos; 12. Corruption of
Officer shall provinces would (d) who have been minors." (Section
receive an be appropriated. once on probation 8)
annual salary of under the
at least provisions of this
eighteen Decree;

Crim.
(e) who are already Probation

serving sentence at Administration
the time the
substantive
provisions of this IV.FORERUNNERS OF PROBATION
Decree became
applicable. . .. "
The following are the forerunner of probation:
(Section 9)
N.B. Thus, besides a 1. Benefits of the Clergy- earliest for softening of the
general enumeration of brutal severity of punishment. This was a compromise
the offense not covered,
the said Section further
between the church and the king that, if any member
broadened the scope of of the clergy was brought to trial before the king’s
the inapplicability of the court, such clergy could be claimed from the
Law. Additional exemption jurisdiction by the bishop or chaplain representing him
from coverage can be
found in the offenses
on the ground that the prisoner was subject to the
enumerated under Section authority of the Ecclesiastical Court only. There was
9 (a, c, d and e) greater leniency in sentencing and particularly escape
abovementioned. from death penalty. Acquittal or guilt was established
As to The modification or It provided that "The
by a Jury of Twelve Clerks.
modification revision of the conditions Court MAY, at any time,
or revision of probation, Presidential revise, modify or enlarge
of the Decree No. 968, Section 12 the conditions or period of 2. Judicial Reprieve- withdrawal of sentence for an
conditions provides in part, that probation." internal of time whereby the execution of the sentence
of probation "During the period of
is suspended either before or after judgment such as
probation, the court may,
UPON APPLICATION of when there is a favorable circumstance in the criminal’s
either the probationer or character in order to give him opportunity to apply to
the probation officer, the King for either an absolute an or conditional
revise or modify the
pardon. Early English courts began to grants reprieves
conditions or period of
probation. . .. " to prisoners under sentence of death on condition that
N.B. Contrasting the they accept deportation to English settlements in
two Sections, it is evident America.
that under the new law,
application of either the
probationer or the 3. Recognizance or “Binding over for good behavior” –
probation officer is needed this is considered as the direct ancestor of probation.
in order that the Court This involves an obligation or promise sworn to under
may exercise its discretion
court order by a person not yet convicted of crime
to revise or modify the
conditions or period of he would keep the peace and be of good behavior.
probation whereas the old
law granted to the Court 4. Transportation- this was developed from an ancient
the exclusive discretionary
practice of banishment and flourished for more than
power of revision and
modification without need two hundred years as a principal method of disposing
of prior application by the offenders. It served mainly as cheap source of
probationer or the supplying labor to the colonies of England.
probation officer
concerned.
It is clear therefore,
that under the new law,
V. THE PROBATION LAW AND ITS
the Court relies heavily
upon the probation officer
AMENDMENT
and places great faith in
him. AMENDMENTS PRESIDENTIAL
As to name  Office -  Office - Probation DECREE NO. 968
of probation Probation Office Presidential Section 1
office and its Administration  Chief Probation Decree No. 1257 xxx
head  Probation Officer - the Head The prosecuting officer
Administrator - of the Probation concerned shall be notified by
the Executive Office the court of the filling of the
Officer of the application for probation and

Crim.
he may submit his comment on xxx

such application within ten
days from receipt of the NONE
notification.
xxx Batas Pambansa The probation system shall not The probation
Nota Bene: The prosecutor Blg. 76 be extended to a convicted system shall not be
participates in the offenders sentenced to serve a extended to a
determination of the maximum term of convicted
application for probation. It is imprisonment of more than offenders
therefore mandatory the six (6) years and one (1) day. sentenced to serve
prosecuting officer concerned a maximum term
shall be notified by the court of N.B. The probational period is of imprisonment of
the filling of the application for extended to six (6) years and more than six (6)
probation and submits one (1) day and below years.
comment within 10 days from
receipt. N.B. The
Section 2 Section 7 probational period
xxx xxx is six (6) years and
The court shall resolve the The court shall below.
application for probation not resolve the petition xxx
later than fifteen days after for probation not Any person sentenced to
receipts of said report." later than five days maximum penalty of six years
xxx after receipt of said and one day on January 3, 1978
report. and thereafter may be placed NONE
N.B. PD no. 257 extended the xxx on probation upon his
period of resolving the application therefore with the
application for probation by the court of origin. However, such
court from five (5) days to person serving sentence shall
fifteen (15) days. remain in jail pending the
Section 3 approval of his application.
xxx XXX
In the hearing, which shall be
summary in nature, the
probationer shall have the Presidential The decree restore the
right to be informed of the Decree No. 1990 provision of section 9 of PD
violation charged and to NONE 968 that probation shall not
adduce evidence in his favor. be extended to a convicted
The court shall not be bound offenders sentenced to serve a
by the technical rules of maximum term of
evidence but may be inform imprisonment of more than
itself of all the facts which are six (6) years. It that senses the
material and relevant to decree impliedly amended the
ascertain the veracity of the provision of BP 76.
charge. The State shall be Section 1 amending Section 4
represented by a prosecuting of PD no. 968.
officer in any contested Xxx
hearing. Provided; That NO
xxx APPLICATION FOR
N.B. PROBATION SHALL BE
The defendant has the right to ENTERTAINED OR GRANted if
be informed of the violation the defendant has perfected
charged and to adduce the appeal from the judgment
evidence in his favor. of conviction. NONE
Sec. 4 sec. 33 Xxx
xxx xxx NB: Appeal and probation is a
That the application of its That, the mutually exclusive remedy;
substantive provisions application of its meaning once a defendant filed
concerning the grant of substantive his appeal it is a deemed waiver
probation shall only take effect provisions of the filing of probation.
on January 3, 1978." concerning the The period of perfecting an
xxx grant of probation appeal is also the period of
shall only take perfecting an application/filing
effect twelve for probation. In general, the
months. period of perfecting an appeal
is fifteen (15) days from the

Crim.
promulgation of sentence. pardonees.

The Board and the
N.B. 1990 – The period of Administration shall jointly
punishment which is determine the staff
probationable is lowered again complement of the Technical
from 6 years and 1 day to 6 Service.
years or less xxx
Executive Order It renamed the Probation

No. 292 Administration created under
PD 968 into Parole and
probation Administration.
It also extended the powers
and function of the PPA. It
includes the following:
a. Administer the
parole and
probation system;
b. Exercise general
supervision over all
parolees and
probationers;
c. Promote the
correction and
rehabilitation of
offenders; and
d. Such other
functions as may
hereafter be
provided by law.
xxx
(2)The Administration shall
have a Technical Service under
the Office of the Administrator
which shall serve as the
service arm of the Board of
Pardons and Parole in the
supervision of parolees and
CHAPTER IV
THE RULES AND LIMITATIONS IN THE
GRANT OF PROBATION
CHAPTER CONTENTS 1. explain the nature of granting probation;
1. Nature of Granting Probation 2. identify those qualified and disqualified offenders
2. Qualified and Disqualified Offenders for Probation for probation;
3. Procedure in the Application of Probation 3. illustrate, understand and summarized the
4. Resolution of the Petition for Probation procedure in the application of probation as well
5. Period of Probation and its Implication as its resolution or grant;
6. Conditions in the Grant of Probation 4. explain how post sentence investigation is
7. Violation of Probation conditions conducted;
8. Modification and Revocation 5. identify the right an duties of the probationer;
9. Termination and Closing of Probation Case 6. explain the period of probation and its implication;
7. enumerate the mandatory and optional conditions
SPECIFIC OBJECTIVES in the grant of probation;
At the end of this chapter the students should be able to: 8. identify the consequences of violating the

Crim.
conditions of probation; the court may, in its discretion, placed the accused under
9. explain how probation case is terminated or probation, even if the sentence provided under Sec. 11 of
closed as well as the early discharge incentive; and the Act is higher than that provided under Probation Law.
SECTION 70 OF REPUBLIC ACT NO. 9165. Probation or

Community Service for a First-Time Minor Offender in Lieu
A. NATURE OF GRANTING of Imprisonment. – Upon promulgation of the sentence, the
court may, in its discretion, place the accused under
PROBATION probation, even if the sentence provided under this Act is
higher than that provided under existing law on probation,
I. GRANT OF PROBATION
or impose community service in lieu of imprisonment. In
case of probation, the supervision and rehabilitative
Section 4 of PD 968 - Subject to the provisions of this Decree,
surveillance shall be undertaken by the Board through the
the court may, after it shall have convicted and sentenced a
DOH in coordination with the Board of Pardons and Parole
defendant and upon application at any time of said
and the Probation Administration. Upon compliance with
defendant, suspend the execution of said sentence and place
the conditions of the probation, the Board shall submit a
the defendant on probation for such period and upon such
written report to the court recommending termination of
terms and conditions as it may deem best.
probation and a final discharge of the probationer,
Probation may be granted whether the sentence imposes a
whereupon the court shall issue such an order.
term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to the
TOLENTINO VS. JUDGE ALCONCEL
appellate court if an appeal has been taken from the
121 SCRA 92; G.R. No. L-63400; March 18, 1983
sentence of conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the automatic
Application for Probation can be denies on the ground
withdrawal of a pending appeal. (As amended by PD 1990).
that it will depreciate the seriousness of the offense
committed.
II. CRITERIA FOR PLACING AN OFFENDER ON PROBATION
(SECTION 8 OF PD NO. 968)
FACTS: Petitioner was charged with violation of Section 4,
Article II of Rep. Act No. 6425, otherwise known as the
QUESTION
Dangerous Drugs Act of 1972. Petitioner entered a plea of
Will probation be automatically granted to one whose not guilty. However after the prosecution had presented
sentence is six (6) years or less? No, the offender must fit part of its evidence, petitioner desires to change his plea of
the criteria under Section 8 of PD 968. not guilty to that of guilty to a lesser offense of possession
of Indian Hemp [marijuana], under Section 8 of Article II of
Under Section 8 of PD No. 968, in determining whether Rep. Act No. 6425.
an offender may be placed on probation, the court shall As no objection was interposed by the fiscal, the court
consider all information relative, to the character, allowed petitioner to withdraw his former plea of guilty and
antecedents, environment, mental and physical condition to enter a plea of guilty to a lesser offense. Petitioner was
of the offender, and available institutional and community thereupon sentenced to imprisonment of 6 months and
resources. Probation shall be denied if the court finds that: 1day to 2 years and 4 months.
1. The offender is in need of correctional treatment Petitioner applied for probation. Respondent judge
that can be provided most effectively by his forthwith directed the probation officer to conduct a POST
commitment to an institution; or SENTENCE INVESTIGATION. After conducting such
2. There is undue risk that during the period of investigation, the probation officer, recommends that
probation the offender will commit another crime; petitioner be placed on two-year probation.
or But the respondent judge denies petitioner's
3. Probation will depreciate the seriousness of the application on the ground that it will depreciate the
offense committed. seriousness of the offense committed.
Hence, the instant recourse.
However, under Sec. 70 of Republic Act No. 9165, the
Comprehensive Dangerous Drugs Act of 2002, the first-time ISSUE: Whether the grant of probation will depreciate the
minor offender who upon promulgation of the sentence, seriousness of the offense committed.

Crim.
from 6 years and 1 day to 12 years and fine ranging from

HELD: P6,000.00 to P12,000.00 under B.P. Blg. 179.
Yes. Section 5 of P.D. 968 provides, to wit: The observation of the Solicitor General on this
SEC. 5. Post Sentence Investigation.— No person shall increase of penalty is apropos: The implication is clear. The
be placed on probation except upon prior investigation by penalties were increased to take it out of the range of
the probation officer and a determination by the court that probationable offenses. Thus, the State has spoken and
the ends of justice and the best interest of the public as well considers that this is one case where probation will
as that of the defendant will be served thereby. depreciate the offense committed, and will not serve the
It is evident from the foregoing that the potentiality of ends of justice and the best interest of the community,
the offender to reform is not the sole, much less the particularly, the innocent and gullible young.
primordial factor, that should be considered in the grant or
denial of an application for probation. Equal regard to the III. PROBATION IS NOT A MATTER OF RIGHT BUT A
demands of justice and public interest must be observed. PRIVILEGE
Thus, Section 8 of P.D. 968 lays down the criteria for the In the above case of TOLENTINO VS. JUDGE
placing of an offender on probation, as follows: ALCONCEL, the Supreme Court held that, probation is a
Sec. 8. Criteria for Placing an Offender on Probation.— mere privilege and its grant rests solely upon the discretion
In determining whether an offender may be placed on of the court. This discretion is to be exercised primarily for
probation, the court shall consider all information, relative the benefit of organized society and only incidentally for the
to the character, antecedents, environment, mental and benefit of the accused.
physical condition of the offender and available institutional Probation cannot be demanded as a matter of right. It
and community resources. Probation shall be denied if the is a privilege. Hence, only those persons who are qualified
court finds that: may apply for probation. Its grant depends upon the
a) ... discretion of the trial court. No person shall be placed on
b) ... probation except upon prior investigation by the probation
c) probation will depreciate the seriousness of the officer and a determination by the court that the ends of
offense committed. justice and the best interest of public as well as that of the
"The conclusion of respondent judge that "probation defendant will be serve thereby.
will depreciate the seriousness of the offense committed" The grant of probation results in the release of the
is based principally on the admission by the petitioner petitioner subject to the terms and conditions imposed by
himself, that he was actually caught in the act of selling the court and to the supervision of Probation Officer.
marijuana cigarettes. Petitioner did not deny or dispute the However, under R.A. 9344 or Juvenile Justice and
veracity of the fact that he was caught in flagrante delicto Welfare Act of 2006, a Child in Conflict with the Law (CICL)
of selling marijuana cigarettes. He merely attempted to is granted the right to probation as an alternative to
justify his criminal act by explaining in his motion for imprisonment if qualified under the Probation Law.
reconsideration that "he did it only to make some money
for the family during Christmas. Such admission renders a IV. BASIS OF GRANTING PROBATION
hearing on the application for probation an unnecessary In DELA CRUZ VS. CALLEJO; the basis of granting
surplusage and an Idle ceremony. probation is the sentence imposed by the trial court.
Proliferation of prohibited drugs in the country has Convicted for highway robbery sentence to 11 years, 4
remained a serious threat to the well-being of the people. It months and 1 day 12 years penalty was reduced to 1 year, 8
has necessitated an all-out intensified campaign on the part months and 5 months and 1 day. He applied for probation
of the law-enforcers against users as well as pushers on the basis of the appellate court. Trial court denied.
thereof. If only to emphasize the gravity of the drug Supreme Court denial is proper to the provision of the law.
menace, the Batasan Pambansa has seen fit to increase the
penalty for violation of Section 8, Article II of Rep. Act 6425. V. PROBATION IS NOT A SENTENCE
Thus, while under Rep. Act 6425, as amended by P.D. 44, In Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984) it
possession or use of marijuana was punishable by was held that an order placing defendant on "PROBATION"
imprisonment of 6 months and 1 day to 2 years and 4 IS NOT A "SENTENCE" but is rather in effect a suspension of
months and a fine ranging from P600.00 to P6,000.00-the the imposition of sentence. It is not a final judgment but is
penalty imposed upon petitioner herein-POSSESSION AND rather an "interlocutory judgment" in the nature of a
USE thereof is now punishable by imprisonment ranging conditional order placing the convicted defendant under the
supervision of the court for his reformation, to be followed

Crim.
by a final judgment of discharge, if the conditions of the reformed and rehabilitated; who manifest spontaneity,
probation are complied with, or by a final judgment of contrition and remorse.
sentence if the conditions are violated. The Supreme Court explained that the intention of the
Probation is not a suspension of sentence. A new law is to make appeal and probation mutually
suspension of sentence postpones execution of sentence exclusive remedies. Jurisprudence at that time stated that
for a definite time, while probation suspends sentence the Probation Law requires that an accused must not have
during good behavior. appealed his conviction before he can avail himself of
probation. This requirement "outlaws the element of
VI. HOW MANY TIMES CAN ONE BE GRANTED speculation on the part of the accused--to wager on the
PROBATION? result of his appeal--that when his conviction is finally
An offender can be granted probation ONLY ONCE IN affirmed on appeal, the moment of truth well-nigh at hand,
HIS LIFETIME. and the service of his sentence inevitable, he now applies
for probation as an `escape hatch' thus rendering nugatory
VII. GRANTING OR DENYING PROBATION NOT BE the appellate court's affirmance of his conviction."
APPEALABLE However, in the fairly recent case of Colinares vs.
Under PD No. 1990, an order granting or denying People, G.R. No. 182748, December 13, 2011, the Supreme
probation shall not be appealable. Court took another look at the probation law, and allowed
the grant of probation to an accused who has appealed his
VIII. PROBATION AND APPEAL IS MUTUALLY EXCLUSIVE conviction. In this case, the accused was originally
REMEDIES sentenced by the Regional Trial Court to imprisonment
Later, the amendment of Section 4 of P.D. No. 968 by exceeding 6 years and one day, which disqualified from
P.D. No. 1990 imposed a condition upon the grant of applying for probation. Upon his appeal of the case to the
probation, thus: "Provided, that no application for Court of Appeals, the appellate court lowered the penalty
probation shall be entertained or granted if the defendant to less than 6 years and one day. The Supreme Court
has perfected an appeal from the judgment of reasoned that since the trial court imposed a (wrong)
conviction." The application for probation was no longer penalty beyond the probationable range, thus depriving the
allowed if the accused has perfected an appeal from the accused of the option to apply for probation when he
judgment of conviction. appealed, the element of speculation that the law sought
The reason for the disallowance of probation where an to curb was not present.
appeal has been made by the accused is stated in the In a real sense, the Court's finding on appeal that the
preamble of P.D. No. 1990, thus: "WHEREAS, it has been accused was guilty, not of a non-probationable penalty, but
the sad experience that persons who are convicted of only of a penalty which may be subject of probation, is an
offenses and who may be entitled to probation still appeal original conviction that for the first time imposes on him a
the judgment of conviction even up to the Supreme Court, probationable penalty. Had the RTC done him right from
only to pursue their application for probation when their the start, it would have found him guilty of the correct
appeal is eventually dismissed". offense and imposed on him the right penalty of less than 6
In view of this change, jurisprudence treated appeal years and one day. This would have afforded the accused
and probation as MUTUALLY EXCLUSIVE REMEDIES. Thus, the right to apply for probation.
where the penalty imposed by the trial court is not The Supreme Court said that the question is ultimately
probationable, and the appellate court modifies the penalty one of fairness. It is not fair to deny the accused the right
by reducing it to within the probationable limit, the same to apply for probation when the new penalty that the Court
prohibition should still apply and he is not entitled to avail imposes on him after he appealed his original conviction is,
of probation. unlike the one erroneously imposed by the trial court,
In Sable v. People, G.R. No. 177961, April 7, 2009, 584 subject to probation.
SCRA 619, 625. the Supreme Court stated that "[Section 4
of] the Probation Law was amended to put a stop to the LOURDES A. SABLE vs. PEOPLE OF THE PHILIPPINES
practice of appealing from judgments of conviction even if G.R. No. 17796: April 7, 2009
the sentence is probationable, for the purpose of securing
an acquittal and applying for the probation only if the FACTS: Petitioner convicted of the crime of Falsification of
accused fails in his bid." Thus, probation should be availed Public Documents under Article 172(1) in relation to Article
of at the first opportunity by convicts who are willing to be 171 of the Revised Penal Code on November 28, 2000 but
acquitted Ildefonsa Anoba for finding not guilty. However,

Crim.
the court finds that Lourdes Abellanosa Sable was guilty The need to file it within such period is intended to
beyond reasonable doubt of the crime charged and hereby encourage offenders, who are willing to be reformed and
sentences her to suffer an indeterminate penalty of 4 years, rehabilitated, to avail themselves of probation at the first
2 months and one day to 6 years. On August, 25, 2003 opportunity. Furthermore, the application for probation
petitioner intimated her desire to apply for probation must necessarily fail, because before the application was
instead of appealing the judgment of conviction which was instituted, petitioner already filed a Notice of Appeal before
denied. the RTC on 17 June2003. The Probation Law is patently clear
that "no application for probation shall be entertained or
ISSUE: Whether or not the denial of application for granted if the defendant has perfected the appeal from the
probation is tenable. judgment of conviction."The law expressly requires that an
accused must not have appealed his conviction before he
HELD: The court held that probation is a special privilege can avail himself of probation. This outlaws the element of
granted by the state to a penitent qualified offender. It speculation on the part of the accused -- to wager on the
essentially rejects appeals and encourages an otherwise result of his appeal -- that when his conviction is finally
eligible convict to immediately admit his liability and save affirmed on appeal, the moment of truth well nigh at hand
the state the time, effort and expenses to jettison an and the service of his sentence inevitable, he now applies
appeal. The pertinent provision of the Probation Law, as for probation as an "escape hatch," thus rendering
amended, reads: nugatory the appellate court’s affirmation of his conviction.
Sec. 4. Grant of Probation.—Subject to the Consequently, probation should be availed of at the first
provisions of this Decree, the trial court may, after it opportunity by convicts who are willing to be reformed and
shall have convicted and sentenced a defendant and rehabilitated; who manifest spontaneity, contrition and
upon application by said defendant within the remorse.
period for perfecting an appeal, suspend the This was the reason why the Probation Law was
execution of the sentence and place the defendant amended, precisely to put a stop to the practice of
on probation for such period and upon such terms appealing from judgments of conviction even if the
and conditions as it may deem best; sentence is probationable, for the purpose of securing an
Provided, That no application for probation acquittal and applying for the probation only if the accused
shall be entertained or granted if the defendant has fails in his bid.
perfected the appeal from the judgment of
conviction. Probation may be granted whether the COLINARES VS. PEOPLE
sentence imposes a term of imprisonment or a fine G.R. No. 182748, December 13, 2011
only. An application for probation shall be filed with
the trial court. The filing of the application shall be FACTS:
deemed a waiver of the right to appeal.(Emphasis Accused-appellant Arnel Colinares (Arnel) was charged
supplied.) with frustrated homicide for hitting the head of the private
It is quite clear from the afore-quoted provision complainant with a piece of stone. He alleged self-defense
that an application for probation must be made within the but the trial court found him guilty of the crime charged
period for perfecting an appeal, and the filing of the and sentenced him to suffer imprisonment from 2 years and
application after the time of appeal has lapsed is injurious 4 months of prision correccional, as minimum, to 6 years
to the recourse of the applicant. In the present petition and 1 day of prision mayor, as maximum. Since the
before us, petitioner filed the application for probation on maximum probationable imprisonment under the law was
25August 2003, almost eight months from the time the only up to 6 years, Arnel did not qualify for probation.
assailed judgment of the RTC became final. Clearly, the Arnel appealed to the Court of Appeals (CA), invoking
application for probation was filed out of time pursuant to self-defense and, alternatively, seeking conviction for the
Rule 122, Sec. 6 of the Rules of Court, which states that an lesser crime of attempted homicide with the consequent
"appeal must be taken within fifteen (15) days from reduction of the penalty imposed on him. His conviction
promulgation of the judgment or from notice of the final was affirmed by the CA. Hence, this appeal to the Supreme
order appealed from."In Palo v. Militante, this Court held Court.
that what the law requires is that the application for
probation must be filed within the period for perfecting an ISSUE:
appeal. Given a finding that Arnel is entitled to conviction for a
lower [lesser] offense [of attempted homicide] and a

Crim.
reduced probationable penalty, may he may still apply for for probation.” The stiff penalty that the trial court
probation on remand of the case to the trial court? imposed on him denied him that choice. Thus, a ruling that
would allow Arnel to now seek probation under this Court’s
RULING: greatly diminished penalty will not dilute the sound ruling
[The Supreme Court voted to PARTIALLY GRANT the in Francisco. It remains that those who will appeal from
appeal, MODIFIED the CA decision and found Arnel GUILTY of judgments of conviction, when they have the option to try
ATTEMPTED (not frustrated) HOMICIDE and SENTENCED him for probation, forfeit their right to apply for that privilege.
to and indeterminate but PROBATIONABLE penalty of 4 In a real sense, the Court’s finding that Arnel was guilty,
months of arresto mayor as minimum and 2 years and 4 not of frustrated homicide, but only of attempted
months of prision correccional as maximum. The Court also homicide, is an original conviction that for the first time
voted 8-7 to allow Arnel to APPLY FOR PROBATION within 15 imposes on him a probationable penalty. Had the RTC done
days from notice that the record of the case has been him right from the start, it would have found him guilty of
remanded for execution to trial court.] the correct offense and imposed on him the right penalty of
YES, Arnel may still apply for probation on remand of the two years and four months maximum. This would have
case to the trial court. afforded Arnel the right to apply for probation.
Ordinarily, Arnel would no longer be entitled to apply
for probation, he having appealed from the judgment of DISSENTING AND CONCURRING OPINION OF JUSTICE
the RTC convicting him for frustrated homicide. But, the PERALTA,
Court finds Arnel guilty only of the lesser crime of In view of the provision in Section 4 of the Probation
attempted homicide and holds that the maximum of the Law that “no application for probation shall be entertained
penalty imposed on him should be lowered to or granted if the defendant has perfected an appeal from the
imprisonment of four months of arresto mayor, as judgment of conviction,” prevailing jurisprudence treats
minimum, to two years and four months of prision appeal and probation as mutually exclusive remedies because
correccional, as maximum. With this new penalty, it would the law is unmistakable about it.
be but fair to allow him the right to apply for probation upon However, it has been proposed that an appeal should
remand of the case to the RTC. not bar the accused from applying for probation if the
While it is true that probation is a mere privilege, the appeal is solely to reduce the penalty to within the
point is not that Arnel has the right to such privilege; he probationable limit, as this is equitable. In this regard, an
certainly does not have. What he has is the right to apply accused may be allowed to apply for probation even if he
for that privilege. The Court finds that his maximum jail has filed a notice of appeal, provided that his appeal is
term should only be 2 years and 4 months. If the Court limited to the following grounds:
allows him to apply for probation because of the lowered a. When the appeal is merely intended for
penalty, it is still up to the trial judge to decide whether or the correction of the penalty imposed by the lower
not to grant him the privilege of probation, taking into court, which when corrected would entitle the
account the full circumstances of his case. accused to apply for probation; and
If the Court chooses to go by the dissenting opinion’s b. When the appeal is merely intended to review the
hard position, it will apply the probation law on Arnel based crime for which the accused was convicted and
on the trial court’s annulled judgment against him. He will that the accused should only be liable to the lesser
not be entitled to probation because of the severe penalty offense which is necessarily included in the crime
that such judgment imposed on him. More, the Supreme for which he was originally convicted and the
Court’s judgment of conviction for a lesser offense and a proper penalty imposable is within the
lighter penalty will also have to bend over to the trial probationable period.
court’s judgment—even if this has been found in
error. And, worse, Arnel will now also be made to pay for In boths instances, the penalty imposed by the trial
the trial court’s erroneous judgment with the forfeiture of court for the crime committed by the accused is more than
his right to apply for probation. Ang kabayo ang nagkasala, six years; hence, the sentence disqualifies the accused from
ang hagupit ay sa kalabaw (the horse errs, the carabao gets applying for probation. Thus, the accused should be allowed
the whip). Where is justice there? to file an appeal under the aforestated grounds to seek a
Here, Arnel did not appeal from a judgment that would review of the crime and/or penalty imposed by the trial
have allowed him to apply for probation. He did not have a court. If, on appeal, the appellate court finds it proper to
choice between appeal and probation. He was not in a modify the crime and/or the penalty imposed, and the
position to say, “By taking this appeal, I choose not to apply penalty finally imposed is within the probationable period,

Crim.
then the accused should be allowed to apply for

probation. CONCURRING AND DISSENTING OPINION
In addition, before an appeal is filed based on the VILLARAMA, JR., J.:
grounds enumerated above, the accused should first file a It must be stressed that in foreclosing the right to appeal
motion for reconsideration of the decision of the trial court his conviction once the accused files an application for
anchored on the above-stated grounds and manifest his probation, the State proceeds from the reasonable
intent to apply for probation if the motion is granted. The assumption that the accused’s submission to rehabilitation
motion for reconsideration will give the trial court an and reform is indicative of remorse. And in prohibiting the
opportunity to review and rectify any errors in its judgment, trial court from entertaining an application for probation if
while the manifestation of the accused will immediately the accused has perfected his appeal, the State ensures that
show that he is agreeable to the judgment of conviction and the accused takes seriously the privilege or clemency
does not intend to appeal from it, but he only seeks a review extended to him, that at the very least he disavows criminal
of the crime and/or penalty imposed, so that in the event tendencies.
that the penalty will be modified within the probationable Consequently, this Court’s grant of relief to herein
limit, he will apply for probation. accused whose sentence was reduced by this Court to within
It is believed that the recommended grounds for the probationable limit, with a declaration that accused may
appeal do not contravene Section 4 of the Probation Law, now apply for probation, would diminish the seriousness of
which expressly prohibits only an appeal from the that privilege because in questioning his conviction accused
judgment of conviction. In such instances, the ultimate never admitted his guilt. It is of no moment that the trial
reason of the accused for filing the appeal based on the court’s conviction of petitioner for frustrated homicide is
aforestated grounds is to determine whether he may avail of now corrected by this Court to only attempted homicide.
probation based on the review by the appellate court of the Petitioner’s physical assault on the victim with intent to
crime and/or penalty imposed by the trial court. Allowing the kill is unlawful or criminal regardless of whether the stage of
aforestated grounds for appeal would give a qualified commission was frustrated or attempted only. Allowing the
convicted offender the opportunity to apply for probation if petitioner the right to apply for probation under the reduced
his ground for appeal is found to be meritorious by the penalty glosses over the fact that accused’s availment of
appellate court, thus, serving the purpose of the Probation appeal with such expectation amounts to the same thing:
Law to promote the reformation of a penitent offender speculation and opportunism on the part of the accused in
outside of prison. violation of the rule that appeal and probation are mutually
On the other hand, probation should not be granted to exclusive remedies.
the accused in the following instances:
a. When the accused is convicted by the trial court of WILLY TAN y CHUA vs. PEOPLE OF THE PHILIPPINES
a crime where the penalty imposed is within the G.R. No. 148194: April 12, 2002
probationable period or a fine, and the accused
files a notice of appeal; and FACTS: Willy Tan was found guilty of bigamy, and then he
b. When the accused files a notice of appeal applied for probation which was granted by the trial court
which puts the merits of his conviction in issue, even but the release was withheld in view of the filing by the
if there is an alternative prayer for the correction prosecution a motion for modification of penalty. He later
of the penalty imposed by the trial court or for a filed a notice of appeal.
conviction to a lesser crime, which is necessarily
included in the crime in which he was convicted ISSUE: Whether or not he is entitled to an appeal after he
where the penalty is within the probationable has applied for probation.
period.
There is wisdom to the majority opinion, but the HELD: In fine, petitioner had taken an appropriate legal step
problem is that the law expressly prohibits the filing of an in filing a notice of appeal with the trial court. Ordinarily,
application for probation beyond the period for filing an the Court should have the case remanded to the Court
appeal. When the meaning is clearly discernible from the of Appeals for further proceedings. The clear impingement
language of the statute, there is no room for construction upon petitioner’s basic right against double jeopardy,
or interpretation. Thus, the remedy is the amendment of however, should here warrant the exercise of the
Section 4 of P.D. No. 968, and not adaptation through prerogative by this Court to relax the stringent application
judicial interpretation. of the rules on the matter. When the trial court increased
the penalty on petitioner for his crime of bigamy after it

Crim.
had already pronounced judgment and on which basis he penalty of eight (8) months imprisonment and to pay the
then, in fact, applied for probation, the previous verdict costs, in Criminal Case No. 14196. He appealed to the Court
could only be deemed to have lapsed into finality. Section 7, of Appeals. By decision promulgated on February 27, 1990,
Rule 120, of the Rules on Criminal Procedure that states the Court of Appeals affirmed the conviction. Upon the
remand of the record to the lower court, on June 2, 1995,
Sec. 7. Modification of judgment. A petitioner filed a motion for probation contending that he
judgment of conviction may, upon motion of the was eligible for probation because at the time he
accused, be modified or set aside before it becomes committed the offense in 1981, an accused who had
final or before appeal is perfected. Except where the appealed his conviction was still qualified to apply for
death penalty is imposed, a judgment becomes final probation and that the law that barred an application for
after the lapse of the period for perfecting an probation of an accused who had interposed an appeal was
appeal, or when the sentence has been partially or ex post facto in its application, and, hence, not applicable
totally satisfied or served, or when the accused has to him. On January 5, 1996, the trial court denied
waived in writing his right to appeal, or has applied petitioner's motion for probation. On July 29, 1996,
for probation-implements a substantive provision of petitioner filed with the Court of Appeals a petition for
the Probation Law which enunciates that the mere certiorari to annul the lower court's denial of his application
filing of an application for probation forecloses the for probation. On November 12, 1996, the Court of Appeals
right to appeal. denied due course to the petition. Hence, this appeal.
Sec. 4.Grant of Probation. Subject to the
provisions of this Decree, the trial court may, after ISSUE:
its hall have convicted and sentenced a defendant, Whether or not the petitioner is qualify to apply for
and upon application by said defendant within the probation under Presidential Decree No. 968 since he had
period for perfecting an appeal, suspend the appealed from his conviction in 1988, after Presidential
execution of the sentence and place the defendant Decree No. 1990 amending Presidential Decree No. 968,
on probation for such period and upon such terms became effective in 1986, providing that "no application for
and conditions as it may deem best: probation shall be entertained or granted if the defendant
Provided, That no application for probation has perfected the appeal from the judgment of conviction.
shall be entertained or granted if the defendant has
perfected the appeal from the judgment or HELD:
conviction. Probation may be granted whether the Presidential Decree No. 1990, enacted on October
sentence imposes a term of imprisonment or a fine 5, 1985, "was printed in Volume 81 of the Official Gazette
only. An application for probation shall be filed with dated December 30, 1985 but said issue was released for
the trial court. The filing of the application shall be circulation only on July 1, 1986; hence, P D 1990 became
deemed a waiver of the right to appeal. effective after fifteen (15) days from July 1, 1986, in
An order granting or denying probation shall not accordance with Article 2 of the Civil Code, or on July 16,
be appealable. Such a waiver amounts to a voluntary 1986."It is not ex post facto in its application. The law
compliance with the decision and writes finis to the applies only to accused convicted after its effectivity. An ex
jurisdiction of the trial court over the judgment. There is no post facto law is one that punishes an act as a crime which
principle better settled, or of more universal application, was innocent at the time of its commission. Presidential
than that no court can reverse or annul, reconsider or Decree No. 1990, like the Probation Law that it amends, is
amend, its own final decree or judgment. Any attempt by not penal in character. It may not be considered as an ex
the court to thereafter alter, amend or modify the same, post facto law.
except in respect to correct clerical errors, would be At the time of the commission of the offense
unwarranted. charged — violation of Batas Pambansa Bilang 22— in 1981,
petitioner could have appealed if convicted and still availed
DANIEL G. FAJARDO vs. COURT OF APPEALS himself of probation. However, petitioner was convicted on
G.R. No. 128508: February 1, 1999 May 26, 1988, and he appealed. At that time, petitioner no
longer had the option to appeal and still apply for
FACTS: probation if unsuccessful in the appeal. Presidential Decree
On May 26, 1988, the Regional Trial Court, Branch No. 1990 was then in full effect. Hence, he could no longer
33, Iloilo City, convicted petitioner of violation of Batas apply for probation since he had appealed. On October 13,
Pambansa Bilang 22, and sentenced him to suffer the 1997, the Solicitor General submitted a manifestation

Crim.
positing the view that petitioner's application for probation It is undisputed that petitioner appealed from the
may still be considered because when petitioner committed decision of the trial court. This fact alone merits the denial
the offense in 1981, he could avail himself of probation since of petitioner's Application for Probation. Having appealed
the law as it stood at that time provided that an accused from the judgment of the trial court and having applied for
convicted of a crime may apply for probation even if he had probation only after the Court of Appeals had affirmed his
appealed the conviction. We do not share his view. The conviction, petitioner was clearly precluded from the
case he cited is a Court of Appeals decision, and, hence, not benefits of probation.
a precedent. What is more, it is inapplicable because there, Furthermore, it was clear that when petitioner filed his
the accused's conviction became final on October 14, 1985. appeal before the appellate court, what he was questioning
Presidential Decree No. 1990 although enacted on October was the merit of the decision convicting him and not the
5, 1985, was published in the Official Gazette on December propriety of the penalty imposed by the trial court for the
30, 1985,and,hence, was not yet applicable at the time the purpose of correcting a wrong penalty — to reduce it to
accused was finally convicted. Regrettably, the Solicitor within probational range. By perfecting his appeal,
General has cited a Court of Appeals decision that is petitioner, therefore, ipso facto relinquished the alternative
inapplicable to this case because the facts were not similar. remedy of availing of the Probation Law.
We find it unnecessary to resolve the other issues that The law expressly requires that an accused must not
petitioner has raised questioning the constitutionality and have appealed his conviction before he can avail himself of
wisdom of Presidential Decree No. 1990, amending the probation. This outlaws the element of speculation on the
probation law. part of the accused — to wager on the result of his appeal —
that when his conviction is finally affirmed on appeal, the
PATERNO DE LOS SANTOS, JR. vs. COURT OF APPEALS moment of truth well nigh at hand and the service of his
G.R. No. 181306: March 21, 2011 sentence inevitable, he now applies for probation as an
"escape hatch," thus, rendering nugatory the appellate
FACTS: Paterno de los Santos, Jr. was found guilty of the court's affirmance of his conviction. Consequently, probation
crime of intentional abortion,and then he filed an should be availed of at the first opportunity by convicts who
application for probation. It was ruled that he is ineligible to are willing to be reformed and rehabilitated; who manifest
apply for probation, considering the fact that he has waived spontaneity, contrition and remorse.
his right to avail the benefits of probation law when he Considering that the prevailing jurisprudence treats
appealed the judgment of conviction by the trial court. appeal and probation as mutually exclusive remedies, and
petitioner opted to appeal his conviction, he, therefore,
ISSUE: Whether petitioner is entitled to the benefits of deemed to relinquish his right to the benefits of probation.
probation, considering that he had appealed his conviction,
contrary to the provision of Section 4, P.D. 968, as
amended by P.D. 1990.
B. QUALIFIED AND DISQUALIFIED
HELD: Probation is a special privilege granted by the State OFFENDERS FOR PROBATION
to a penitent qualified offender. It essentially rejects
appeals and encourages an otherwise eligible convict to I. WHO ARE QUALIFIED TO PROBATION?
immediately admit his liability and save the State the time, Any first time convicted offender, 18 years of age and
effort and expenses to jettison an appeal. The pertinent above not otherwise disqualified under PD 968 as amended
provision of the Probation Law, as amended, reads: can apply for probation before serving the sentence which
Sec. 4. Grant of Probation. Subject to the provisions of may either be imprisonment of fine with subsidiary
this Decree, the trial court may, after it shall have convicted imprisonment, or both imprisonment and fine.
and sentenced a defendant and upon application by said The age of offender qualified for probation is 18 years
defendant within the period for perfecting an appeal, and above. PD 1179 which amended PD 603 lowered the
suspend the execution of the sentence and place the age of youthful offenders under 18 years old.
defendant on probation for such period and upon such terms AS GENERAL RULE probation applies to all sentenced
and conditions as it may deem best; Provided, That no or convicted offenders - All first-time offenders convicted of
application for probation shall be entertained or granted if crimes punished by imprisonment of not more than 6 years
the defendant has perfected the appeal from the judgment (maximum of 6 years). Except the following:
of conviction. 1. Those entitled to the benefits of PD 603 as
amended otherwise known as the Child and Youth

Crim.
Welfare Code. Hence, an offender who is under 18 FACTS: On August , 25, 2009, Branch 1 of the Municipal Trial
years of age must be dealt with in accordance with Court in Cities (MTCC) in San Fernando City, La Union,
the more liberal and beneficent provisions of PD found petitioner guilty beyond reasonable doubt of the
603. offense of perjury under Article 183 of the Revised Penal
Incidentally, Art 192 PD 603 as amended gives Code and sentenced him to imprisonment of four (4)
the youthful offender a choice as to whether he months and one (1) day to one (1) year. He was likewise
will be dealt with as a youthful offender under ordered to pay private complainant Alejo Cuyo the amount
PD603 or as Adult offender under PD 968 as of P10, 000 for attorney’s fees and litigation expenses.
amended. If he does not apply under PD603 as
amended, he treated as an adult offender. In such Petitioner was not present during the promulgation of
a case, two options are open to him, namely: the judgment and was represented by his counsel instead.
a. To simply serve his sentence His motion for reconsideration was denied on October 23,
b. To apply of probation under PD 968 as 2009. He subsequently filed a Motion for Probation on
amended November, 5, 2009 but is denied on the ground that it had
2. Those that are found Guilty in violation of R.A been filed beyond the reglementary period of fifteen days
6425, otherwise known as the Dangerous Drug Act as provided in Sec. 4 of P.D. 968.
of 1972 as amended by Republic Act No. 9165.
Hence, its beneficiaries, drug dependents, must be ISSUE: Whether or not the petitioner is entitled to the
subjected to the confinement, treatment and benefits of probation.
rehabilitation measures provided therein. Even
those who are below twenty one years of age who HELD: This court held that the RTC that the Motion for
are found guilty of possessing or using prohibited Probation was filed out of time. Sec. 6 of Rule 120 of the
or regulated drugs must be treated under the Rules of Court provides: Promulgation of judgment - The
provisions of R.A 6425. judgment is promulgated by reading it in the presence of the
3. Those offenders who has not been convicted and accused and any judge of the Court in which it was rendered.
sentenced. However, if the conviction is for alight offense, the judgment
4. Those that are found guilty in violation of BP 881 as may be pronounced in the presence of his counsel or
amended by BP 882,883 and 884 otherwise known representative. When the judge is absent or outside the
as the Omnibus Election Code of the Philippines. province or city, the judgment may be promulgated by the
5. Those who are found guilty in violation of PD 1987 clerk of court. In case the accused fails to appear at the
(an act creating the Video gram Regulatory) scheduled date of promulgation of judgment despite notice,
6. Those that are found guilty in violation of RA 6727 the promulgation shall be made by recording the judgment in
otherwise known as the Wage Rationalization Act. the criminal docket and serving him a copy thereof at his last
known address or thru his counsel. If the judgment is for
QUESTION conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available
Are all convicted persons who are not disqualified entitled in these Rules against the judgment and the court shall order
to probation automatically? his arrest. Within fifteen (15) days from promulgation of
No. Under PD 968; the court will not grant probation if judgment, however, the accused may surrender and file a
after investigation conducted by the probation officer, it motion for leave of court to avail of these remedies. He shall
finds that: state the reasons for his absence at the scheduled
1. The offender can be treated better in an institution promulgation and if he proves that his absence was for a
or other places for correction; justifiable cause, he shall be allowed to avail of said remedies
2. The offender is a risk to the community; within fifteen (15) days from notice. (Emphasissupplied.)
3. Probation will depreciate the gravity of the Petitioner was charged with and found guilty of
offense. perjury. He was sentenced to suffer imprisonment of 4
months and 1 day to 1 year, a period which is considered as
a correctional penalty. Under Article 9 of the Revised Penal
Code, light felonies are those infractions of law for the
ANSELMO DE LEON CUYO vs. PEOPLE OF THE PHILIPPINES commission of which the penalty of arresto menor (one to
G.R. No. 192164: October 12, 2011 thirty days of imprisonment) or a fine not exceeding two
hundred pesos (P200), or both are imposable. Thus, perjury

Crim.
is not a light felony or offense contemplated by Rule 120, of not less than one month and one day and/or a
Sec. 6. It was therefore mandatory for petitioner to be fine of not less than Two Hundred Pesos;
present at the promulgation of the judgment.
To recall, despite notice, petitioner was absent when PREVIOUS FINE:
the MTCC promulgated its judgment on 25 August 2009. CONVICTION
Pursuant to Rule 120, Sec. 6, it is only when the accused is  if one month -  less than two hundred
convicted of a light offense that a promulgation may be qualified for pesos - qualified for
pronounced in the presence of his counsel or probation probation
representative. In case the accused failed to appear on the  if one month and  two hundred pesos or
scheduled date of promulgation despite notice, and the one day or more - more - disqualified for
failure to appear was without justifiable cause, the accused disqualified for probation
shall lose all the remedies available in the Rules against the probation
judgment.
4. Those who have been ONCE on probation under
the provisions of PD No. 968, as amended;
II. DISQUALIFIED OFFENDERS FOR PROBATION (Section Accordingly, one who has been on probation
9, PD 968) only under the child and Youth Welfare Code as
Under Section 9 of PD 968, the benefits of probation amended and the Dangerous Drugs Code of 1972
shall not be extended to: as amended will not be disqualified. The reason
1. Those sentenced to serve a MAXIMUM TERM of form this is that the treatment given under those
imprisonment of MORE THAN SIX (6) YEARS; latter laws is of a different kind from that under PD
Note: the six years maximum refers to the 968 as amended.
sentence actually imposed, and not that prescribed 5. Those who are already serving sentence at the
by law for the offense committed. time substantive provisions of the decree became
2. Those convicted of subversion or any crime against applicable pursuant to section 33 of PD 968. (As
the national security or public order; amended by BP Blg. 76, and PD 1990, October 5,
1985)
CRIMES AGAINST CRIMES AGAINST PUBLIC
NATIONAL SECURITY ORDER Technically speaking probation cannot cover the
following, non-offenders; offenders not yet convicted and
1. Treason 1. Rebellion or convicted offenders but with a sentenced exceed 6 years.
2. conspiracy and insurrection
proposal to commit 2. Conspiracy and ALEJANDRA PABLO vs.HON. SILVERIO Q. CASTILLO
treason proposal to commit G.R. No. 12510: August 3, 2000
3. misprision of treason rebellion
4. espionage 3. Sedition FACTS: Alejandra Pablo was convicted of a violation of
5. inciting to war or 4. Conspiracy to commit Batas Pambansa Bilang 22. She applied for probation and
giving motives for sedition was later denied.
reprisals 5. Inciting to sedition
6. violation of neutrality 6. Acts tending to ISSUE: Whether or not the he should be denied probation
7. correspondence with prevent the meeting on the ground of disqualification from probation under
hostile country of assembly and Section 9 of P.D. 968.
8. flight to enemy’s similar bodies
country 7. Disturbance of HELD: The Court ruled that under Section 9 of the
9. piracy proceedings Probation Law, P.D. 968, the following offenders cannot
10. qualified piracy 8. Direct assault avail of the benefits of probation:
9. Indirect assault a) Those sentenced to serve a maximum term of
10. Coup d’etat imprisonment of more than six years;
b) Those convicted of subversion or any crime against
3. Those who have previously been convicted by final the national security or the public order;
judgment of an offense punished by imprisonment c) Those who have previously been convicted by final
judgment of an offense punished by imprisonment of

Crim.
not less than one month and one day and/or fine of not less after it shall have convicted and sentenced a defendant and
than two hundred pesos; upon application by said defendant within the period of
d) Those who have been once on probation under the perfecting an appeal.
provisions of this decree; and
e) Those who are already serving sentence at the NOTA BENE: Under Presidential Decree No. 1990, no
time the substantive provisions of this decree application for probation shall be entertained of granted if
became applicable pursuant to section 33 hereof. the defendant has perfected an appeal from judgment of
conviction. The filing of the application shall be deemed a
The National Probation Office denied petitioners waiver of a right to appeal.
application for probation under Section 9 paragraph (c)
P.D. 968 because a prior conviction was entered against the QUESTIONS
petitioner on June 21, 1995 in Criminal Case No. 94-0199, Is there a form prescribed for the application for probation?
penalizing her with a fine of P4,648.00; there by placing her Yes, it shall be in the form approved be the Secretary of
within the ambit of disqualification from probation under justice as recommended by the Administrator or as may be
Section 9 paragraph (c) of P.D. 968.It is a basic rule of prescribed by the SC
statutory construction that if a statute is clear, plain and What is the effect of filing an application for probation?
free from ambiguity, The court may, upon receipt of the application suspend the
it must be given its literal meaning and applied without execution of sentence imposed in judgment.
any interpretation. Not only that; in the matter of
interpretation of laws on probation, the Court has I. WHERE AND WHEN TO FILE THE PETITION FOR
pronounced that "the policy of liberality of probation PROBATION?
statutes cannot prevail against the categorical provisions of The application for probation shall be filed by
the law."Section 9 paragraph (c) is in clear and plain sentenced or convicted offender whose sentence is not
language, to the effect that a person who was previously more than 6 years imprisonment. It shall be filed with the
convicted by final judgment of an offense punishable by court that tried and sentenced the offender.
imprisonment of not less than one month and one day
and/or a fine of not less than two hundred pesos, is WHERE: A petition for probation shall be filed by the
disqualified from applying for probation. This provision of applicant for probation or the petitioner with the courts
law is definitive and unqualified. There is nothing in Section that tried and sentenced the offender at any time before
9, paragraph (c) which qualifies "previous conviction" as the imprisonment starts.
referring to a conviction for a crime which is entirely
different from that for which the offender is applying for WHEN: Anytime before the offender starts serving his
probation or a crime which arose out of a single act or sentence but within period for perfecting an appeal or
transaction as petitioner would have the court to fifteen (15) days from the promulgation or notice of the
understand. It is well-settled that the probation law is not a judgment of conviction.
penal statute; and therefore, the principle of liberal
interpretation is inapplicable. And when the meaning is However, under Section 42 of R.A. 9344, the Juvenile
clearly discernible from the language of the statute, there is Justice and Welfare Act of 2006, the court may, after it shall
no room for construction or interpretation. have sentenced a Child In Conflict with the Law and upon
application at anytime placed the child on probation in lieu
C. REQUIREMENTS AND of service of his sentence.
PROCEDURE IN THE APPLICATION II. PROCEDURE UNDER PD NO. 968 – Probation and
Parole Flow Chart – See Appendix
OF PROBATION The following are the procedure in the application for
probation:
QUESTION
Is there a need to apply for probation to avail of its 1. The defendant must file a petition before the trial
benefits? court which exercise jurisdiction over his case; an
Yes, it will not be granted except upon the application by application for probation after he has been sentenced
the accused. The necessity for such application is indicated but before he begins to serve the sentence. There are
in Sec. 4, PD 968, which states that “the trial court may, two forms of petition: WRITTEN and ORAL.

Crim.
NOTA BENE: But for purposes of recording, application 3 The prosecutor submits his comments on such
made orally should be reduced into writing. application within 10 days from receipt of the
notification.
2. If the defendant has been convicted and has appealed
the sentence of conviction, an application for 4 If petitioner is qualified, his application is referred to
probation cannot be entertained. As a general rule, No the probation officer for post-sentence investigation
application for probation shall be entertained or
granted if the defendant has perfected an appeal from 5 The post-sentence investigation report (PSIR) is
the judgment or conviction. submitted by the probation officer to the court within
NOTA BENE: Filing an application shall be deemed a 60 days
waiver of the right to appeal.
6 Pending investigation and resolution, accused may be
QUESTION temporarily released (if there is already a bail, then on
What then is the duty of the court after Receipt of the same bail)
application? The trial court may notify the concerned
prosecuting officer of the application at a reasonable time 7 The court grants or denies the petition for probation
before the scheduled hearing thereof. within 15 days upon receipt of the PSIR.
3. Notice to the prosecuting officer: The prosecuting NOTA BENE:

officer concerned shall be notified by the court of the  If the accused is convicted and sentenced to multiple
filing of such application. The prosecuting officer must penalties, the periods are not added up. Only the
submit his comment on such application within 10 days maximum shall be considered.
from receipt of the notification  Once probation period is terminated, the accused is
restored to all his civil rights lost or suspended.
4. Referral to probation office: If the court finds that the III. REQUISITES BEFORE AN OFFENDER CAN BE PLACED
petition is in due form and that the petitioner appears ON PROBATION
not to be disqualified for the grant of probation. The 1. A post sentence investigation by the officer;
probation should be entertained by the court by 2. A determination by the court that the end of
ordering the probation officer to conduct an justice will be served and the best interest of the
investigation (PSI) of the offender provided he is not public and that of the offender will be served
disqualified under the decree. thereby.
While it is discretionary with the court to grant or The probation officer shall submit to the court within
deny an applicant for probation, the Probation Law 60 days from receipt of the order the investigation report
requires that an investigation be first conducted by the on the offender, the petition for probation shall be resolved
probation officer who shall submit his report within 60 by the court within 15 days from receipt of report.
days from receipt of the court’s order. However, the Probation order unless otherwise provided takes effects
court may in its discretion extend the 60 days period. upon its issuance, the order granting or denying the
Only thereafter shall the court resolve the application, probation is not appealable.
an outright denial by the court is a nullity correctable
by certiorari. (De Luna vs. Hon. Medina, CA 78 D.G. 599;
Del Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983) D. POST SENTENCE INVESTIGATION
To summarize, the following are the procedures in
(PSI) AND POST SENTENCE
Applying for Probation: INVESTIGATION REPORT (PSIR)
1 The offender or his counsel files a petition with the (SECTION 5, PD 968)
convicting court within 15 days from promulgation of
judgment. Under Section 5 of PD 968, no person shall be placed
on probation except upon prior investigation by the
2 The court determines convict qualifications and probation officer and a determination by the court that the
notifies the prosecutor of the filing of the petition ends of justice and the best interest of the public as well as
that of the defendant will be served thereby.

Crim.
family member, and/or their relatives, including barangay

QUESTION officials and disinterested persons.
What is post sentence investigation?
An investigation conducted by a probation agency or other Section 18. Subsequent or Further Interviews. - To obtain
designated authority at the request of a court into the past additional data, counter
behavior, family circumstances, and personality of an adult check, or clarify discrepancy/ies between the information
who has been convicted of a crime, to assist the court in received from the applicant and those secured from other
determining the most appropriate sentence. sources, the Investigating Probation Officer on case or
It refers to the investigation conducted by a probation CPPO may conduct subsequent or further interviews on the
officer to obtain information regarding petitioner’s applicant and/or other persons as deemed appropriate.
character, antecedents, environment, mental and physical
condition with the aim of determining whether the latter is Section 19. Nature of Interview. - The data and information
qualified and suitable for released under probation. gathered from the interview of the applicant and/or other
persons and from other collateral informants, as well as law
A. ASSIGNMENTS AND INITIAL INTERVIEW WORK SHEET enforcement agencies, shall be strictly privileged and
confidential in nature. During such interview and
PAROLE AND PROBATION ADMINISTRATION OMNIBUS information-gathering processes, the applicant does not
RULES ON PROBATION METHODS AND PROCEDURE. necessarily need to be represented and assisted by counsel.
Section 14. Assignment. - After receipt from the Trial Court, Section 20. Confidentiality of Post-Sentence Investigation
the City or Provincial Parole and Probation Office Information. – The investigating Probation and Parole
concerned, through the CPPO shall assign the same to the Officer on case or CPPO shall inform the applicant of the
office clerk for docketing and eventual assignment to a confidential nature of the information taken during the PSI
subordinate investigating Probation Officer for the conduct and the limited scope and extent, whereby said
of the PSI or conduct such investigation himself. information, may be disclosed only to some statutorily
designated authorities and entities pursuant to Section 17
Section 15. Initial Interview Work Sheet: Waiver. – of PD 968, as amended, and Section 64 of these Rules.
Within five (5) working days from receipt of said
delegated assignment (or self -assignment), the NOTA BENE: Information shall be privileged and shall not
investigating Probation Officer on case (or Chief Probation be revealed directly or indirectly except to (a) Probation
and Parole Officer) shall initially interview the applicant if he Administration (b) the court concerned. A violation of
appeared in the Probation Office upon response to the confidential nature of probation records is an offense.
seventy-two (72) hours limitation given to him by the Trial Penalty is imprisonment from 6 months and 1 day1 to 6
Court. If not, the Probation Officer on case may write the years and fine from P600 to P6, 000.
applicant in his court given address, or personally visit
applicant's place to schedule an initial interview at the Section. 21. Absconding Applicant. – If the applicant whose
Probation Office. application for probation has been given due course by the
During such initial interview, the Probation Officer on proper court has failed to present himself/herself to the
case or CPPO shall require the applicant to accomplish and proper Office within seventy-two (72) hours from his/her
sign a Post-Sentence Investigation Work Sheet (PPA receipt of the Probation Order or within reasonable time
Form1). The investigating Probation Officer on case or CPPO therefrom, said Office shall first exert best diligent efforts
shall conduct further investigation based on the to inquire on, search, find and locate his/her whereabouts
information contained therein. before it shall report such fact with appropriate
A Waiver-Cum-Authorization (PPA Form 2), authorizing recommendation to the proper court, considering the
the PPA and/or Probation Office to secure any and all surrounding circumstances of place, date and time, his/her
information on the applicant, shall be duly executed and health condition and other related factors.
signed by him.
B. SCOPE AND EXTENT
Section 17. Collateral Information. - During the conduct of Section 16 of Parole and probation administration
the PSI, collateral information omnibus rules on probation methods and procedure.
must be gathered from those persons who have direct Scope and Extent. - After accomplishing the Post-Sentence
personal knowledge of the applicant, offended party, Investigation Work Sheet and the Waiver-Cum-

Crim.
Authorization, the same shall be immediately submitted to shall determine and recommend the manner by which
the Probation Office. The investigating Probation Officer on the petitioner will be supervised if granted probation.
case or CPPO shall conduct a thorough investigation on the
antecedents, mental and physical condition, character, NOTA BENE: Information gathered from the interview of
socio-economic status, and criminal records, if any, of the petitioner and the collateral information sources shall be
applicant and the institutional and community resources confidential in nature.
available for his rehabilitation.
In case applicant has a criminal record(s), such should be
verified with the proper Government agency as to its 4. ISSUANCE OF POST-SENTENCE INVESTIGATION (PSI)
disposition/resolution which has/have to be properly REPORT -upon the completion of the post-sentence
reflected in the PSIR. investigation, the probation of officer shall submit a
For the sake of obtaining additional information or post-sentence investigation report (P.A. form no. 3) to
clarify conflicting data, the investigating Probation Officers the trial court within the prescribed period.
on case may conduct further investigation and interview to
avoid discrepancies of facts/information. The report shall be sign by the investigating probation
The investigating Probation Officer on case or CPPO officer and approved by the head of the probation
shall assess and recommend or prescribe the suitable office.
probation treatment and supervision program upon the
applicant, if granted probation. QUESTION
Is the petitioner had Right to Counsel During the post-
C. FORMS OF PSI (SECTION 6, PD 968) sentence investigation and covered by Republic Act No.
Section 6 of PD 968 - The investigation report to be 7438?
submitted by the probation officer under Section 5 hereof
shall be in the form prescribed by the Probation During the post-sentence investigation petitioner had no
Administrator and approved by the Secretary of Justice. Right to Counsel. The probation law has no provision
guaranteeing the right to counsel in the investigation of
D. STAGE OF POST-SENTENCE INVESTIGATION a petitioner. The constitutional guarantee of right to
The following are the stage of post investigation: counsel will not apply because the investigation by the
probation officer is neither prosecutory nor accusatory in
1. PRELIMINARY PROCEDURE - The probation officer character.
upon receipt of the order from the court shall assign Further petitioner as well is not covered by Republic Act
the same to a probation officer to conduct the post- No. 7438 providing right of the accused during custodial
sentence investigation. investigation.
2. INITIAL INTERVIEW - within 5 working days from E. POST SENTENCE INVESTIGATION REPORT (PSIR)
receipt of the court order, the probation officer Post sentence investigation report is refers to the
assigned shall interview the petitioner. In the said report submitted by a probation officer within 60 days from
interview, the probation officer shall require the receipt of the order of said court to conduct the
petitioner to accomplish under oath a worksheet (P.A. investigation containing his/her recommendation in the
form no. 1) the information contained in the worksheet grant or denial of the application for probation.
shall serve as the basis of further investigation. The
petitioner shall also sign a waiver (P.A. form no. 2) F. PURPOSE OF POST SENTENCE INVESTIGATION
authorizing the probation administration to secure any REPORT
and all pertinent documents and information. Section 23 of Parole and probation administration
omnibus rules on probation methods and procedure. - The
3. INVESTIGATION - upon completion of the worksheet, PSIR aims to enable the Trial Court to determine whether or
the probation officer shall conduct a thorough not the ends of justice and the best interest of the public
investigation on the antecedents, mental and physical primarily, as well as that of the applicant, would be served by
condition, character, and socio economic status of the the grant or denial of the application.
petitioner. For collateral information, person who has
knowledge of the petitioner, of the victim and or the G. NATURE OF THE RECOMMENDATION
relatives shall be interviewed. The probation officer

Crim.
Section 25 of Parole and probation administration J. CONTENTS OF PSIR (SECTION 24 OF PAROLE AND
omnibus rules on probation methods and procedure - The PROBATION ADMINISTRATION OMNIBUS RULES ON
nature of the recommendation for the grant or denial of PROBATION METHODS AND PROCEDURE)
probation in the PSIR report is merely PERSUASIVE IN a. The circumstances surrounding the crime or
NATURE addressed to the sound discretion of the Trial Court offense for which the applicant was convicted and
considering that the denial or grant of probation is a judicial sentenced, taken from the applicant himself,
function. offended party and others, who might have
knowledge of the commission of the crime or
H. SIGNATORIES offense, and pertinent information taken from the
Section 25 of Parole and probation administration police and other law enforcement agencies, if any,
omnibus rules on probation methods and procedure - The and Trial Court records;
PSIR shall, as a rule be prepared by the investigating b. Details of other criminal records, if any;
Probation Officer on case and approved by the CPPO. Both c. Personal circumstances, educational, economic
shall initial each and all the pages thereof, except the last and socio-civic data and information about the
page on which they shall affix their respective signatures. applicant;
d. Characteristics of applicant, employable skills,
I. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT employment history, collateral information;
(SECTION 7, PD 968) e. Evaluation and analysis of the applicant's suitability
Section 7 of PD 968 - The probation officer shall submit and legal capacity for probation and his potential
to the court the investigation report on a defendant not for rehabilitation, reform, development,
later than sixty days from receipt of the order of said court transformation and re-integration into the
to conduct the investigation. The court shall resolve the community;
petition for probation not later than five days after receipt f. Recommendation to: (A) grant the application,
of said report. including probation period, probation conditions
and probation treatment and supervision
QUESTION plan/program; or (B) deny the application;
Can the offender be released while his application for g. Data and information on the applicant's financial
probation is pending? condition and capacity to pay, his civil liability, if
Yes, at the discretion of the court. Pending submission of any;
the PSIR and the resolution of the petition for probation, h. Results of findings of drug, psychological and
the defendant may be ALLOWED temporary liberty or clinical tests conducted, if any;
released by virtue of BAIL. i. Results of criminal records, if any, whether decided
a. On the same bond he filed during the trial in the or still pending
criminal case, j. Furnished by various law enforcement agencies
b. On a new bond or tapped by the Probation Office for such purpose;
To the custody of a responsible member of the k. Result(s) of courtesy investigation, whether
community if unable to file a bond - In case NO BAIL was GCI/FBCI or PGCI (See Sec. 27 of these Rules), if
filed or that defendant is incapable of filing one, court may any, conducted in the birth place or place of origin
allow the release of defendant on RECOGNIZANCE to the of applicant especially if he plans to reside thereat
custody of a responsible member of the community who while on probation, if ever his application will be
shall guarantee his appearance whenever required by the granted; and
court (sec. 21, rule 114-Rules on Criminal Procedure) l. Other analogous and related matters.
Pending submission of the investigation report and the Others:

resolution of the petition, the defendant may be allowed a. Psycho- social information regarding the
on temporary liberty under his bail filed in the criminal case; petitioner.
Provided, That, in case where no bail was filed or that the b. Evaluation of petitioner suitability for probation
defendant is incapable of filing one, the court may allow and his potential for social reintegration into the
the release of the defendant on recognize the custody of a community.
responsible member of the community who shall guarantee c. A recommendation to either grant the petition for
his appearance whenever required by the court. probation with program of supervision and the

Crim.
suggested terms and condition for probation, or and it shall only be canceled or revoked for cause and
deny the petition for probation. after due notice and hearing.
d. Information regarding the petitioner financial (b) The grant of probation has the effect of suspending the
capability to meet or satisfy his civil obligation if execution of sentence. The Trial Court shall order the
any. release of the probationer's cash or property bond upon
To obtain additional data or clarify discrepancies which he was allowed temporary liberty as well as
between the information received from the applicant and release the custodian on ROR from his undertaking.
those secured from other sources, the investigating Upon receipt of the Probation Order granting probation
Probation Officer and/or Chief Parole and Probation Officer the same shall be entered in a Docket Book for proper
may conduct such subsequent or further interviews on the recording.
applicant and/or other persons as may be deemed proper An order of denial shall be docketed as well.
and necessary
IV. EFFECTIVITY OF THE PROBATION ORDER (SECTION 11,
PD NO. 968)
E. RESOLUTION AND GRANT OF THE Under Section 11 of PD 968 , a probation order shall take
PETITION FOR PROBATION effect upon its issuance, at which time the court shall inform
the offender of the consequences thereof and explain that
upon his failure to comply with any of the conditions
I. PERIOD TO RESOLVE THE APPLICATION FOR prescribed in the said order or his commission of another
PROBATION offense, he shall serve the penalty imposed for the offense
Under Section 31 of Parole and Probation Administration under which he was placed on probation.
Omnibus Rules on Probation Methods and Procedure. The A probation order shall take effect upon its receipt by
application for probation shall be resolved by the Trial Court the petitioner, and on the same date the probation period
not later than fifteen (15) days from the date of its receipt of shall commence, unless otherwise specified by the court.
the PSIR. Since probation is privilege, its grant rest solely Upon the issuance of the probation order, the court
upon the discretion of the court. Therefore court may grant shall inform the probationer of the consequences thereof
or dismiss it. and explain upon his failure to comply with any of the
conditions in the said order, or his commission of another
II. GRANT OF THE PETITION offense, he shall serve the sentence originally imposed for
Once probation is granted, the execution of sentence the offense for which he was placed on probation.
will be suspended. The court if grants the petition will In addition Section 33 of Parole and Probation
issue the appropriate Probation Order and the petitioner Administration Omnibus Rules on Probation Methods and
will be release to the community subject however to the Procedure states that a probation order shall take effect
terms and condition imposed by the court, with the upon its issuance, at which time the court shall inform the
supervision of probation officer. offender of the consequence thereat and explain that upon
If the court grants probation – the court imposes his failure to comply with any of the conditions prescribed
condition that defendant seems to be arbitrary – mental in the said order or his commission of another offense
must he does need instruction. under which he was placed on probation.
QUESTION V. DEFENDANT MAY REJECT GRANT OF PROBATION

What is the effect of probation on accessory Penalties? The law does not oblige the defendant to accept the
Accessory penalties are deemed suspended once probation granted by the court. He should, indeed, be
probation is granted. (Baclayon vs. Mutia. 129 SCRA, 148) allowed to turn down the same grant especially since he
might feel that the terms and conditions thereof are too
III. EFFECT OF THE GRANT OF PROBATION. onerous (burdensome) for him.
Under Section 32 of Parole and Probation Administration
Omnibus Rules on Probation Methods and Procedure the VI. EFFECT OF DISMISSAL OF THE PETITION
following are the Effect of the Grant of Probation: What will happen if the application for probation is
(a) Probation is but a mere privilege and as such, its grant or denied?
denial rests solely upon the sound of discretion of the The offender will be sent by the sentencing court to prison
Trial Court. After its grant it becomes a statutory right to serve his sentence.

Crim.
NOTA BENE: AS A GENERAL RULE THE GRANT OR virtue of his application for probation. It has absolutely no
DENIAL OF PROBATION IS NOT APPEALABLE. However a bearing on civil liability. This ruling was clarified in Salgado
Certiorari may lie on the ground of Grave abuse of v. Court of Appeals, wherein we ruled that, although the
discretion – certiorari – not on appeal. Here he does not execution of sentence is suspended by the grant of
question the finding of facts of the trial court but only the probation, it does not follow that the civil liability of the
reasonableness of the order based therein. offender, if any, is extinguished.
Neither the prosecution nor defendant may ask as a The Probation Law prohibits a judge from entertaining
matter of right seek review by superior court of the order or granting an application for probation if the defendant
of the trial court or before the superior court the findings of has perfected an appeal from the judgment of conviction.
facts of the trial court. The fact of conviction most certainly refers to the
criminal liability of the accused, as a result of a finding made
EFREN SALVAN vs. THE PEOPLE OF THE PHILIPPINES by a judge that he is guilty of the crime charged. However,
G.R. No. 153845. September 11, 2003 the appeal in this case involved only the civil aspect of the
trial courts judgment. Hence, we see no reason why,
FACTS: Efren Salvan, a bus driver, was convicted of reckless between the conjoined criminal and civil aspects of a
imprudence resulting in homicide for the death of John felony, a line cannot be drawn marking where the one
Barry Abogado. He filed a motion for partial springs from the other. Even if by definition civil liability ex
reconsideration, which was later denied, and an application delict arises from the criminal act, once its existence is
for probation. He then filed a notice of partial appeal which established, it should be treated separately from the
was denied for the reason that the application for criminal liability. Indeed there is even categorical statutory
probation is deemed under the law to be a waiver of the basis to state that it subsists despite the extinguishment of
right to appeal. the criminal liability from which it arose. This was the
finding in Budlongv. Apalisok and Salgado v. Court of Appeals.
ISSUE: Whether or not the denial or approval of probation Thus, we rule that, in an appeal from a judgment of
is appealable. conviction, the criminal liability and the civil liability ex
delicto should be considered independently, each with its
HELD: We recall that the law which governs all matters own corresponding effects. In the present case, the law
relating to probation is Presidential Decree No. 968, that bars an appeal of the judgment of conviction, as well
commonly known as the Probation Law, as amended by as its corresponding criminal liability, should not bar an
Presidential Decree No. 1990. The provision of the law that appeal of the civilaspect of the same judgment.
is pertinent to the current controversy reads:
Sec. 4. Grant of Probation. Subject to the provisions of VII. INDEMNIFICATION
this Decree, the trial court may, after it shall have convicted Section 37. Indemnification of Parole and Probation
and sentenced a defendant, and upon application by said Administration Omnibus Rules on Probation Methods and
defendant within the period for perfecting an appeal, Procedure. –Payment for civil liability shall be done using the
suspend the execution of the sentence and place the following modes:
defendant on probation for such period and upon such terms (a) Payment can be given to the Clerk of Court of the Trial
and conditions as it may deem best; Provided, That no Court, who will in return hand over the sum to the victim
application for probation shall be entertained or granted if who shall issue a corresponding receipt; a copy of which
the defendant has perfected the appeal from the judgment should be given by the probationer to the Probation
of conviction. Probation may be granted whether the Office in order to monitor such payment;
sentence imposes a term of imprisonment or a fine only. An (b) Payment may be deposited by the probationer to the
application for probation shall be filed with the trial court. victim’s account where the bankbook is kept at the
The filing of the application shall be deemed a waiver of the Probation Office to be given to the victim for his proper
right to appeal. An order granting or denying probation shall disposition;
not be appealable. (c) Payment can be effected directly to the victim and the
Relying solely on the letter of the law, the filing of the receipt must be filed in the supervision record of the
application for probation should be deemed a waiver of the probationer kept at the Probation Office.
right to appeal. However, in the case of Budlong v. Further, that the practice of giving the payment to the
Apalisok, we had occasion to rule that the above provision Supervising Probation Officer on case (or the CPPO) to be
of the Probation Law clearly provides only for the remitted to the victim, although with receipts, should be
suspension of the sentence imposed on the accused by highly discourage and discontinued outrightly.

Crim.
Section 42 Parole and Probation Administration

Omnibus Rules on Probation Methods and Procedure.
F. CONTROL AND SUPERVISION OF Change of Residence: Transfer of Supervision. –
PROBATIONERS (SECTION 13, PD (a) A Probationer may file a Request for Change of
Residence (PPA Form 24) with the City or Provincial
968) Parole and Probation Office, citing the reason(s)
Under Section 13 of PD 968, the probationer and his therefore this request shall be submitted by the
probation program shall be under the control of the court Supervising Probation Office for the approval of the
who placed him on probation subject to actual supervision Trial Court.
and visitation by a probation officer. Whenever a probationer (b) In the event of such approval, the supervision and
is permitted to reside in a place under the jurisdiction of control over the probationer shall be transferred to
another court, control over him shall be transferred to the the concerned Executive Judge of the RTC, having
Executive Judge of the Court of First Instance of that place, jurisdiction and control over said probationer, and
and in such a case, a copy of the probation order, the under the supervision of the City or Provincial Parole
investigation report and other pertinent records shall be and Probation Office in the place to which he
furnished said Executive Judge. Thereafter, the Executive transferred.
Judge to whom jurisdiction over the probationer is Thereafter, the Executive Judge of the RTC to whom
transferred shall have the power with respect to him that jurisdiction over the probationer is transferred shall have the
was previously possessed by the court which granted the jurisdiction and control with respect to him which was
probation. previously possessed by the Court which granted probation.
Probationers report to their Probation Officer as often The receiving City or Provincial and Parole and Probation
as indicated in the conditions of probation. The probation Office and the receiving court shall be duly furnished each
officer sees to it that the conditions of probation as given with copies of the pertinent Probation Order, PSIR (PPA
by the court are followed. Probationers are helped to Form 3), and other investigation and supervision records by
developed themselves, to learn skills if they do not have the sending Probation Office for purposes and in aid of
any, and to be gainfully employed so they can be useful continuing effective probation supervision treatment over
members of the society. House visits and follow-up in their said probationer.
places of work may be done if needed. The probation
officer makes regular reports about the probationer to the II. OUTSIDE TRAVEL
court. Section 41 of Parole and Probation Administration
Under Section 38 of Parole and Probation Omnibus Rules on Probation Methods and Procedure.
Administration Omnibus Rules on Probation Methods and Purpose. Outside Travel. –
Procedure the following are the primary purposes of (a) A Probation Officer may authorize a probationer to
probation supervision are: travel outside his area of operational/territorial
(a) To ensure the probationer's compliance with the jurisdiction for a period of more than ten (10) days but
probation conditions specified in the Probation not exceeding thirty (30) days.
Order and the prescribed probation treatment and (b) A Probationer who seeks to travel for up to thirty (30)
supervision program/plan; days outside the operational/territorial jurisdiction of the
(b) To manage the process of the probationer's Probation Office shall file at least five (5) days before the
rehabilitation and re-integration into the intended travel schedule a Request for Outside Travel
community; and (PPA Form 7) withsaid Office properly recommended by
(c) To provide guidance for the probationer's the Supervising Probation Officer on case and approved
transformation and development into a useful by the CPPO.
citizen for his eventual reintegration to the (c) If the requested outside travel is for more than thirty
mainstream of society. (30) days, said request shall be recommended by the
CPPO and submitted to the Trial Court for approval.
G. CHANGE OF RESIDENCE AND Outside travel for a cumulative duration of more than thirty
(30) days within a period of six (6) months shall be
OUTSIDE TRAVEL considered as a courtesy supervision.
I. CHANGE OF RESIDENCE

Crim.
And, that the probationers were not convicted for

H. EARLY DISCHARGE INCENTIVE offenses involving moral turpitude.
AND TERMINATION Other probationers who have fully cooperated
The arrangement takes place when probation is made with/participated in the programs of supervision designed
to pay restitution, reparation and indemnification. In PSIR for their rehabilitation and who are situated under
the recommended payment is that within ½ of term conditions/circumstances similar in nature to those above-
probation – full payment – eligible for consideration for described at the discretion of the proper authorities.
early termination.
Section 55 of Parole and Probation Administration I. PERIOD OF PROBATION AND ITS
Coverage. - The following probationers may be IMPLICATION (Sec. 14 of PD 968)
recommended for the early termination of their probation
period: I. PERIOD OF PROBATION
1. Those who are suffering from serious physical and/or a. If the convict is sentenced to a term of
mental disability such as deaf- mute, the lepers, the imprisonment of NOT MORE THAN ONE (1), the
crippled, the blind, the senile, the bed-ridden, and the period of probation shall NOT EXCEED TWO (2)
like; YEARS.
2. Those who do not need further supervision as evidenced b. In all cases, if he is sentenced to MORE THAN ONE
by the following: (1) YEAR, said period SHALL NOT EXCEED SIX (6)
(a) Consistent and religious compliance with all the YEARS.
conditions imposed in the order granting probation; c. When the sentence imposes a FINE ONLY and the
(b) Positive response to the programs of supervision offender is made to SERVE SUBSIDIARY
designed for their rehabilitation IMPRISONMENT in case of insolvency, the period
(c) Significant improvements in their social and of probation shall NOT BE LESS THAN NOR TWICE
economic life; the total number of days of subsidiary
(d) Absence of any derogatory record while under imprisonment as computed at the rate established
probation; by the RPC Art. 39.
(e) Marked improvement in their outlook in life by ART. 39: When the principal penalty imposed be only a
becoming socially aware and responsible members fine, the subsidiary imprisonment shall not exceed 6
of the family and community; and months if the culprit is executed for grave or less grave
(f) Significant growth in self-esteem, self-discipline and felony and shall not exceed 15 days for light felony
self-fulfillment; Provided, that, the probationers
involved have already served one-third (1/3) of the NOTA BENE
imposed period of probation; and provided further, The period of probation may either be shortened or made
that, in no case shall the actual supervision period be longer, but not to exceed the period set in law.
less than six (6) months. When the period of probation is no longer necessary as
3. Those who have: the probationer is believed no longer a threat to society
(a) To travel abroad due to any of the following: and has satisfactorily reintegrated him into society. The
(1) An approved overseas job contract or any other period maybe shortened. But if there a need for the
similar documents; or protection of society and adjustment of probation said –
(2) An approved application for scholarship, longer but not beyond 2 and 6 years.
observation tour or study grant for a period not
less than six (6) months; or II. IMPLICATION OF THE PROBATION PERIOD: Both In
(3) An approved application for immigration. Maximum Level
(4) An approved application to take the Bar and 1. Minimum period of probation is left to discretion
Board Examinations. of courts
(b) To render public service 2. Court may set a straight period of probation
(1) Having been elected to any public office; or anywhere within the range and limit set by
(2) Having been appointed to any public office. law
Provided, however, that the probationers involved have 3. The court may order an indeterminate period with
fully paid their civil liabilities, if any. minimum and maximum period.

Crim.
The determination of the term for probation can 5. Undergo medical, psychological or psychiatric
readily be seen to present itself as new sentencing problem examination and treatment and/or enter and
to the trial court when viewed in terms of probation goal. remain in specific institution, when required for
The imposition of the right length of time that promises that purpose;
society maximum protection and the offender the best 6. Pursue a prescribed secular study or vocational
possible chance of rehabilitation. training;
SOLUTION: The strategy is the Utilization of the Post 7. Attend or reside in a facility established for
Sentence Investigation Report which furnishes him a good instruction or reaction of persons on probation;
picture of the prisoner and the forces and circumstances 8. Refrain from visiting houses of ill-repute;
that led him to crime. 9. Abstain from drinking intoxicating beverages to
excess;
10. Permit the probation officer or unauthorized social
J. CONDITIONS IN THE GRANT OF worker to visit his home and place of work;
PROBATION AND ITS 11. Reside at premises approved by the court and not
to change his residence without prior written
CONSEQUENCE IF VIOLATED approval; and
(SECTION 10, PD 968) 12. Satisfy any other condition related to the
rehabilitation of the probationer and not unduly
restrictive of his liberty or incompatible with his
QUESTION freedom of conscience.
What are the rights and duties of the probationer?
When Probation is granted, what conditions does BACLAYON vs. MUTIA;
the court impose? G.R. No. L-59298 April 30, 1984
1. The probationer must present himself to his Stated Ruling:

Probation Officer within seventy-two (72) The condition that petitioner should "refrain from
hours; continuing her teaching profession is an invalid condition.
2. Report to his Probation Officer in-charge of his If probation is granted, the imposition of her sentence of
supervision at least once a month; imprisonment was thereby suspended and necessarily, the
3. Not to commit any offense; imposition of the accessory penalties was likewise thereby
4. Comply with any other conditions imposed by suspended.
the court. Probation is not a sentence.
Facts:
I. MANDATORY OR BUILT IN CONDITIONS
Petitioner, a school teacher convicted of the crime of
The two Mandatory Conditions of Probation
Serious Oral Defamation for having quarreled with and
1. To present himself to the Probation Officer
uttered insulting and defamatory words against Remedios
concerned for supervision within 72 hours from
Estillore, principal of the Plaridel Central School. Her
receipt of said order; and
conviction was affirmed by the appellate court, taking into
2. To report to the Probation Officer at least once a
account the aggravating circumstance of disregard of the
month during the period of probation.
respect due the offended party on account of her rank and
age and the fact that the crime was committed in the office
II. OPTIONAL/DISCRETIONARY OR OTHER CONDITIONS
of the complainant. She was sentenced to one year, 8
The Probation Order may also require the probationer
months, 21 days of arresto mayor in its maximum period to
in appropriate cases to:
2 years and 4 months of prision correccional in its minimum
1. Cooperate with a program of supervisor;
period.
2. Meet his family responsibilities
The petitioner applied for probation with respondent
3. Devote himself to a specific employment and not
judge who referred the application to a Probation Officer.
to change said employment without prior written
The Post-Sentence Investigation Report favorably
approval of the probation officer;
recommended the granting of petitioner's probation for a
4. Comply with a program of payment of civil liability
period of three (3) years.
to the victim of his heirs;

Crim.
The respondent Judge issued an order granting Petitioner is a teacher and teaching is the only
petitioner's probation, but modified the Probation Officer's profession she knows and as such she possesses special
recommendation by increasing the period of probation to skills and qualifications. To order the petitioner to refrain
five (5) years and by imposing the 10 conditions: from teaching would deprive the students and the school in
However the petitioner's prays for the deletion of the general the benefits that may be derived from her training
last condition that petitioner should "refrain from and expertise.
continuing her teaching profession." The petitioner While it is true that probation is a mere privilege and its
submits that said condition is detrimental and prejudicial to grant rests solely upon the discretion of the court, this
her rights as well as not in accordance with the purposes, discretion is to be exercised primarily for the benefit of
objectives and benefits of the probation law. organized society and only incidentally for the benefit of
the accused. Equal regard to the demands of justice and
Issue: public interest must be observed. In this case, teaching has
Whether paragraph (h) of the questioned order been the lifetime and only calling and profession of
granting probation which requires that petitioner refrain petitioner. The law requires that she devote herself to a
from continuing with her teaching profession be deleted. lawful calling and occupation during probation. Yet, to
prohibit her from engaging in teaching would practically
Held: prevent her from complying with the terms of the
YES. probation.
Respondents contend that petitioner's final conviction
The conditions which trial courts may impose on a carries with it the accessory penalties in addition to the
probationer may be classified into general or mandatory principal penalty of imprisonment; and since petitioner was
and special or discretionary. sentenced to arresto mayor in its maximum period to prision
The MANDATORY CONDITIONS, enumerated in Section correccional in its minimum period, she must likewise suffer
10 of the Probation Law, require that the probationer the accessory penalties of suspension from public office and
should (a) present himself to the probation officer from the right to follow a profession or calling, and that of
designated to undertake his supervision at such place as perpetual special disqualification from the right of suffrage.
may be specified in the order within 72 hours from receipt This cannot apply to petitioner, however, because she was
of said order, and (b) report to the probation officer at least granted probation. The imposition of her sentence of
once a month at such time and place as specified by said imprisonment was thereby suspended and necessarily, the
officer. imposition of the accessory penalties was likewise thereby
SPECIAL OR DISCRETIONARY CONDITIONS are those suspended.
additional conditions, listed in the same Section 10 of the
Probation Law, which the courts may additionally impose
on the probationer towards his correction and
rehabilitation outside of prison.
K. RULE IN VIOLATION OF
NOTA BENE: The enumeration, however, is not CONDITIONS ITS MODIFICATION
inclusive. Probation statutes are liberal in character and
enable courts to designate practically any term it chooses AND REVOCATION OF
as long as the probationer's constitutional rights are not PROBATION
jeopardized. There are innumerable conditions which may Section 46 of Parole and Probation Administration
be relevant to the rehabilitation of the probationer when Omnibus Rules on Probation Methods and Procedure.
viewed in their specific individual context. It should, Concept. - A probationer's specific act and/or omission(s)
however, be borne in mind that the special or discretionary constitutive of a violation of probation condition(s) set forth
conditions of probation should be realistic, purposive and in the original, modified or revised Probation Order shall be
geared to help the probationer develop into a law-abiding reported to the Trial Court, taking into account the totality
and self-respecting individual Conditions should be of the facts and surrounding circumstances and all possible
interpreted with flexibility in their application and each case areas of consideration.
should be judged on its own merits — on the basis of the
problems, needs and capacity of the probationer. The very
QUESTION
liberality of the probation should not be made a tool by trial
What happens to a probationer if conditions of probation
courts to stipulate instead unrealistic terms.
are violated?
The Court may modify the conditions of probation or
Crim.
revoke the same. If the violation is serious, the court may Thereafter said Office shall file with the proper court a
order the probationer to serve his prison sentence. The Violation Report (PPA Form 8), containing its findings and
probationer may also be arrested and criminally prosecuted recommendation, duly prepared and signed by the
if the violation is a criminal offense. Supervising Parole and Probation Officer and duly noted by
Any set or commission on the part of the probationer which the Chief Parole and Probation Officer.
is contrary to the terms and conditions specified in the
probation order. II. FACT-FINDING INVESTIGATION.
a. The probation officer investigates the alleged Section 47 of Parole and Probation Administration
violation and it is established, a report is Omnibus Rules on Probation Methods and Procedure. Fact-
submitted to the court. There can be Finding Investigation. - Based on reasonable cause reported
MODIFICATION of condition of probation by the by a reliable informant or on his own findings, the SPPO,
court, depending on the nature and seriousness of SrPPO, PPOII, PPOI concerned or the CPPO himself shall
the violation; conduct or require the Supervising Probation Officer on case
b. There is also the possibility of arrest including to immediately conduct a fact-finding investigation on any
criminal, prosecution of the probationer in the vent alleged or reported violation of probation condition(s) to
of commission of another offense. The determine the veracity and truthfulness of the allegation.
REVOCATION proceeding is summary.
After considering the nature and seriousness of violation III. REPORT: VIOLATION OF CONDITION
court may order ARREST of probation Section 48 of Parole and Probation Administration
NOTA BENE: If the court finds the probationer guilty of Report: Violation of Condition. -
serious violation of the conditions of probation he may be (a) After the completion of the fact-finding
ordered to serve the original sentence imposed on him. investigation, the Supervising Probation Officer on
case shall prepare a violation report thereon
IF VIOLATION IS ESTABLISHED- court may revoked or containing his findings and recommendations and
continue with modified conditions submit the same to the CPPO for review and
IF REVOKED- probationer shall serve the sentence originally approval.
imposed. (b) In some cases, a probationer who has not reported
for initial supervision within the seventy-two (72)
hours from his receipt of the Probation Order or
QUESTION within the prescribed period ordered by the Trial
Court or whose whereabouts could not be
If the probationer committed a crime while under ascertained notwithstanding best efforts exerted
probation, what would be the consequences? within a reasonable period of time by the City and
a. The probationer will be arrested for violation of the Provincial Parole and Probation Office shall be
condition of probation immediately reported to the Trial court for
b. Prosecution of the new crime committed appropriate action.
The court will order the serving of the original sentence of (c) Thereafter, said Parole and Probation Office shall
the previous offense file with the trial court a Violation Report (PPA
Form 8), containing its findings and
recommendation, duly prepared and signed by the
I. ABSCONDING PETITIONER SPPO, SrPPO, PPOII, PPOI concerned and duly
Section 43 of Parole and Probation Administration noted by the CPPO for the court's resolution.
Absconding Probationer. – IV. VIOLATION OR INFRACTION REPORT
(a) A probationer who has not reported for initial Infraction Report is refers to the report submitted by
supervision within the prescribed period and/or whose the Probation and Parole Officer on violations committed
whereabouts could not be found, located or determined by a parolee/pardonee of the conditions of his release on
despite best diligent efforts within reasonable period of parole or conditional pardon while under supervision.
time shall be declared by the proper Office as an Section 49 of Parole and Probation Administration
absconding probationer. Omnibus Rules on Probation Methods and Procedure. -
Violation Report. Its Contents: Signatories and Submission

Crim.
to Trial Court. - The Violation Report shall include, among

others, the following: SEC. 36 The probation officer shall motu-propio (on his
1. accurate and complete statement of the facts and own) or upon the report of the probation aide or any other
surrounding circumstances, concluding but not limited person conduct a fact finding investigation of any alleged
to the: violation of probation
(a) nature, character and designation of the violation;
(b) specific acts and/or omissions constitutive of the SEC.37 Rule VII of the Revised Rules on Probation. Once
violation; the investigation is completed the probation officer shall
(c) place, date and time of commission or omission; report the result of the same to the court.
(d) statements or affidavits of apprehending officers
and offended parties and SEC.38 Rule VII of the Revised Rules on Probation. The
(e) other related data and information. report of the probation officer to the court (P.A. form no.
2. probationer's response, explanation and clarification 38) concerning and alleged violation of the condition of
duly sworn to before a notary public and other probation shall include:
supporting testimonial, documentary and objective a. Complete statement of the facts of the alleged
evidence; violation including the date, place and
3. findings, assessment and recommendation of the circumstances thereof, statements of victims,
Probation Office. The Violation Report shall be prepared witnesses and arresting officer if any.
and signed by the SPPO, SrPPO, PPOII or PPOI concerned b. The explanation, if any of the problem for the
and approved and signed by the CPPO. alleged violation.
c. The recommendation of the probation officer.
V. STANDARDS IN PROCESSING VIOLATION:
It will be appropriate for standards to be formulated as
a guide to probation officer, and court is processing
L. MODIFICATIONS OF CONDITIONS
violation of conditions. In any event, the following: Under Sec.12 of PD 968, during the period of probation
intermediate steps should be considered as alternative to the court may upon application of either the probation or
revocation: the probation officer revised or modify the condition or
a. A review of the conditions: followed by changes period of probation. The court shall notify either the
necessary or desirable probationer or the probation officer of the filing of such
b. A formal or informal conference with probation to application so as to give both parties an opportunity to be
re-emphasize the necessity of compliance with the heard thereon.
conditions and: The court shall inform in writing the probation officer
c. Formal or informal warning that further violation and probationer of any change in the period or conditions
should resolve to revocation of probation. of probation.
Revocation followed by imprisonment should be the Whether or not petition has been in violation- there can
disposition, however, when the court finds on the basis of be change however it is believed that most orders shall be
the original offense in the intervening conduct of the made after violation- if not rejection of probation is
offender, that: persuasive. Due process must be observed.
a. Confinement is necessary to protect the public An order modifying the period or conditions of
from further criminal activity by the offender or probation is NOT APPEALABLE. However certiorari lies on
b. The offender is need of correctional treatment the ground of abused of discretion.
which can most effectively provided if confined, or
c. It would unduly depreciate the seriousness of the Section 44 of Parole and Probation Administration Omnibus
offense if probation were not revoked. Rules on Probation Methods and Procedure. Modification or
Revision of Probation Conditions. – (a) During the probation
VI. RULE VII OF THE REVISED RULES ON PROBATION: supervision period, the Trial Court may motu proprio or,
METHODS AND PROCEDURES upon motion by the City or Provincial Parole and Probation
Office or by the probationer or his lawyer.
Sec.35: Methods and Procedures. A violation of probation
shall be understood to main any act or any omission on the Section 45 of Parole and Probation Administration Omnibus
part of the probationer with respect to the terms and Rules on Probation Methods and Procedure. Effectivity and
condition or probation. Finality of Modified or Revised Probation Order. –(a) The Trial
Court may modify or revise the Probation Order which shall
Crim.
become effectivity and final upon its promulgation and Petitioner Ronald Santiago was convicted of the crime
receipt thereof by the probationer, unless specified of Reckless Imprudence resulting to homicide, serious
otherwise by said Order. physical injuries and damage to property on December 7,
1993.His application for probation was granted on March 8,
1994.On October 4, 1994, the trial court issued an order
M.REVOCATION OF PROBATION declaring petitioner in contempt of court for his failure to
Nobody can discount the probability that probatioern comply with its orders of June 20, 1994 and August 15, 1994.
may not violate the condition of probation what is the The court likewise revoked the grant of probation to
concept of violation of probation. The following are the petitioner and ordered that he be arrested to serve the
two grounds for revocation of probation. sentence originally imposed upon him. According to the
1. Failure to comply with any condition trial court, among the violation committed by petitioner as
2. Commission of another offense regards his probation are his failures to (1) meet his
responsibilities to his family, (2) engage in a specific
QUESTION employment, and (3) cooperate with his program
What constitute commission of another offense or of supervision.
violation of penal law? Is it the act of committing or
perpetrating a crime? Or conviction for the commission of ISSUE:
said offense? Whether or not the petitioner has violated the terms
Supreme Court ruled that a condition violated by the and conditions of his probation warrant its revocation.
pardonee or parolee on judicial condition is not necessary.
Supreme Court revoked probation on the basis of a HELD:
subsequent final judgment without remanding the case to The Solicitor General argues that petitioner has
the probation office. committed violations, thus justifying the trial court's
revocation of the grant of probation. He further points out
that our ruling in Salgado is inapplicable to the case of
NOTA BENA: An order revoking the grant of probation or petitioner since what was involved in Salgado was a
modifying the terms and conditions thereof shall not be program of payment already imposed upon petitioner
appealable. therein. In this case, however, it is petitioner who is being
asked to submit his own program of payment and he had
I. EFFECT OF REVOCATION not submitted any such program.
Under Section 52 of Parole and Probation Petitioner asserts that his non-compliance with the
Administration Omnibus Rules on Probation Methods and orders of the trial court requiring him to submit a program
Procedure the following are the effect of revocation: of payment was not deliberate. To our mind, his refusal to
(a) After a serious violation of a probation condition has comply with said orders cannot be anything but deliberate.
been established in the hearing, the Trial Court may He had notice of both orders, although the notice of the
order the continuance of the probationer's probation order of June 20, 1994 came belatedly. He has, up to this
or modification of his probation conditions or revoke point, refused to comply with the trial court's directive, by
his probation whichever is proper and just under in questioning instead the constitutionality of the
judicial discretion. requirement imposed and harping on his alleged poverty as
(b) If the probation period has been revoked, the Trial the reason for his failure to comply. Contrary to his
Court shall order the probationer to serve the assertion, this requirement is not violative of the equal
sentence originally imposed in the judgment of his protection clause of the Constitution. Note that payment of
case for which he applied for probation. the civil liability is not made a condition precedent to
(c) A court order modifying the probation conditions as probation. If it were, then perhaps there might be some
in Sec. 44 of these Rules or revoking probationer's basis to petitioner's assertion that only moneyed convicts
probation shall not be appealable. However, it may may avail of the benefits of probation. In this case,
be correctable by certiorari under the Rules of Court. however, petitioner's application for probation had already
been granted. Satisfaction of his civil liability was not made
RONALD SORIANO vs. COURT OF APPEALS a requirement before he could avail probation, but was a
G.R. No. 123936: March 4, 1999 condition for his continued enjoyment of the same. The trial
court could not have done away with imposing payment of
FACTS: civil liability as a condition for probation, as petitioner

Crim.
suggests. This is not an arbitrary imposition but one that may be imposed by the trial court. Having the power
required by law. It is a consequence of petitioner's having to grant probation, it follows that the trial court also has
been convicted of a crime, and petitioner is bound to satisfy the power to order its revocation in a proper case and
this obligation regardless of whether or not he is placed under appropriate circumstances. Moreover, having
under probation. admittedly violated the terms and conditions of his
We fail to see why petitioner cannot comply with a probation, petitioner cannot now assail the revocation of
simple order to furnish the trial court with a program of his probation. Regrettably, he has squandered the
payment of his civil liability. He may, indeed, be poor, but opportunity granted him by the trial court to remain
this is precisely the reason why the trial court gave him the outside prison bars, and must now suffer the consequences
chance to make his own program of payment. Knowing his of those afore-cited violations.
own financial condition, he is in the best position to
formulate a program of payment that fits his needs and
capacity. Settled is the rule in this jurisdiction that findings
N. ARREST OF PROBATIONER;
of fact of the trial court are entitled to great weight, more SUBSEQUENT DISPOSITION
so when they are affirmed by the Court of Appeals, as in
this case. Besides, petitioner himself admits in his petition (SEC.15,PD NO. 968)
that he is unemployed and only depends on his parents for After considering the nature and seriousness of
support. He can barely support his family. Petitioner ought violation court may order arrest of probation. Under Sec.15
to be reminded of what is incumbent on a probationer, of PD No. 968, at any time during probation, the court may
including those requirements that the trial court may set. issue a warrant for the arrest of a probationer for violation
As Section 10 of the Probation Law states: of any of the conditions of probation. The probationer,
Sec. 10. Conditions of Probation.—. . .The court may once arrested and detained, shall immediately be brought
also require the probationer to:(a) Cooperate with a before the court for a hearing, which may be informal and
program of supervision;(b) Meet his family responsibilities; summary, of the violation charged. The defendant may be
(c) Devote himself to a specific employment and not to admitted to bail pending such hearing. In such a case, the
change said employment without the prior written approval provisions regarding release on bail of persons charged
of the probation officer xxx xxx xxx(e) Pursue a prescribed with a crime shall be applicable to probationers arrested
secular study or vocational training; Clearly, these under this provision. If the violation is established, the court
conditions are not whims of the trial court but are may revoke or continue his probation and modify the
requirements laid down by statute. They are among the conditions thereof. If revoked, the court shall order the
conditions that the trial court is empowered to impose and probationer to serve the sentence originally imposed. An
the petitioner, as probationer, is required to follow. Only by order revoking the grant of probation or modifying the
satisfying these conditions may the purposes of probation terms and conditions thereof shall not be appealable.
be fulfilled. These include promoting the correction and
rehabilitation of an offender by providing him with Section 50 of Parole and Probation Administration
individualized treatment, and providing an opportunity for Omnibus Rules on Probation Methods and Procedure. -
the reformation of a penitent offender which might be less Violation Report. It’s Contents: Arrest of Erring
probable if he were to serve a prison sentence. Failure to Probationer. - After having duly considered the nature and
comply will result in the revocation of the order granting gravity of such reported violation based on the submitted
probation, pursuant to the Probation Law: Violation Report, the Trial Court may issue a warrant for the
Sec. 11.Effectivity of Probation Order — A probation arrest of the probationer for serious violation of his
order shall take effect upon its issuance, at which time the probation condition.
court shall inform the offender of the consequences thereof
and explain that upon his failure to comply with any of the QUESTION
conditions prescribed in the said order or his commission of May the arrested of probationer admitted to bail?
another offense, he shall serve the penalty imposed for the
offense under which he was placed YES, The defendant may be admitted to bail pending such
on probation."(Emphasis supplied.) hearing. In such a case, the provisions regarding release on
bail of persons charged with a crime shall be applicable to
Probation is not an absolute right. It is a mere probationers arrested under this provision.
privilege whose grant rests upon the discretion of the trial
court. Its grant is subject to certain terms and conditions I. HEARING OF THE VIOLATION

Crim.
Informal and summary - Probation have right to

counsel and given all the opportunities to be heard because
O. TERMINATION AND CLOSING OF
it may lead to revocation and hence imprisonment. PROBATION CASE (SECTION 16,
Probation officer- prosecutes but may asked assistance
from the prosecutor office in the presentation of evidence. PD 968)
Section 16 of PD 968 - After the period of probation
Section 51 of Parole and Probation Administration and upon consideration of the report and recommendation
Omnibus Rules on Probation Methods and Procedure: of the probation officer, the court may order the final
Hearing of the Violation of Probation. - Once arrested and discharge of the probationer upon finding that he has
detained, the probationer shall immediately be brought fulfilled the terms and conditions of his probation and
before the Trial Court for a hearing of the violation charged. thereupon the case is deemed terminated.
In the hearing which shall be summary in nature, the The final discharge of the probationer shall operate to
probationer shall have the right to be informed of the restore to him all civil rights lost or suspend as a result of
violation charged and to adduce evidence in his favor. his conviction and to fully discharge his liability for any fine
The court shall not be bound by the technical rules of imposed as to the offense for which probation was
evidence, but may inform itself of all the facts which are granted.
material and relevant to ascertain the veracity of the The probationer and the probation officer shall each be
charge. furnished with a copy of such order.
The probationer may be admitted to bail pending such
hearing. In such case, the provisions regarding release on I. MODES AND GROUNDS OF TERMINATIONS OF THE
bail of persons charged with the crime or offense shall be PROBATION SUPERVISION CASE
applicable to probationers arrested under this provision. 1. The successful completion of program of
probation.
Parole and Probation Administration Omnibus Rules on 2. Revocation for cause, or death of the
Probation Methods and Procedure probationer.
Section 53 Right to Counsel. - In the hearing or proceeding NOTA BENE: Termination Report - 30 days before the
for violation of probation conditions, the probationer shall termination period.
have the right to counsel of his own choice.
Section 60 of Parole and Probation Administration
Section 54. Representation for the State. - For the Omnibus Rules on Probation Methods and Procedure: The
Prosecution of serious violation of probation condition(s), probation supervision period may be terminated on any of
during said hearing or proceeding, the State shall be the following grounds:
represented by the proper prosecuting officer. (a) successful completion of probation;
(b) probation revocation for cause under Section 49
II. SAFEGUARD IN PROTECTION OF PROBATION DUE (a-c) of these Rules;
PROCESS (c) death of the probationer;
Before probation can revoked, the following may be (d) early termination of probation; or
required: (e) other analogous cause(s) or reason(s) on a case-
1. written notice of the claimed violation to-case basis as recommended by the probation
2. disclosure of evidence against probation Office and approved by the trial court.
3. opportunity to be heard and to present witnesses
and document evidence Sec 50 of Revised Rules on Probation - After period of
4. the right confronts and cross-examines adverse probation with satisfactory compliance with condition of
witnesses probation.
5. a written statement of the fact finder as to the 1. Revocation for case (sec. 40)
evidence relied and reason for revocation 2. Other ways of terminating of probation:
(decision) a. Termination before the expiration of the
period the court may terminate were the ends
of justice will serve thereby and when the
good conduct and rehabilitation of the person

Crim.
so held on probation shall warrant

termination. Sec 63 of Parole and Probation Administration Omnibus
b. Termination of pardon of probation- absolute Rules on Probation Methods and Procedure: Legal Effect Of
or conditional Discharge
c. Deportation of probation- alien 1. Shall restore to him all civil rights lost or suspended
d. Death of probationer as a result of conviction.
2. Fully discharge his liability for any fine as to the
Sec. 51 of Revised Rules on Probation - At least 30 days offense which probation was granted but not civil
before the expiration of the period of probation or unless liability.
otherwise required by the court, the probation officer shall 3. The probationer and the probation office shall be
submit a final report (Probation Adm. Form no. 9) to the promptly furnished with copies of such
court which shall indicate: It is hereby understood that, the probationer's political
a. The prescribe program of supervision and rights are not lost or suspended even during the probation
response of the probationer to said program period.
b. A recommendation as to whether the probationer
nay be discharge from probation of not. If not BALA vs. MARTINEZ
probation officer may recommend modification of G.R. No. L-67301 January 29, 1990
term.
c. Such other information required by the court. FACTS:
Accused Manuel Bala was found guilty beyond
II. TERMINATION REPORT reasonable doubt of the crime of falsification of a public or
Section 61 of Parole and Probation Administration official document defined and penalized under article 172 of
Omnibus Rules on Probation Methods and Procedure: the Revised Penal Code, without any mitigating or
Termination Report. - The City and Provincial Parole and aggravating circumstances. Applying the Indeterminate
Probation Office shall submit to the Trial Court a Probation Sentence Law, he is hereby sentenced to an indeterminate
Officer’s Final Report (PPA Form 9) thirty (30) days before penalty of not less than 1 year 1 day and not exceeding 3
the expiration of the period of probation embodying, years, 6 months & 21 days of prision correccional. The
among others, the following: petitioner seasonably appealed, but the Court of Appeals,
(a) Brief personal circumstances of the probationer; on April 9, 1980, affirmed in toto the lower court's decision.
(b) Brief criminal circumstances about his case (i.e. After the case had been remanded to the court of
Criminal case number, court, branch, period of origin for execution of judgment, the petitioner applied for
probation, initial and last date of probation) and was granted probation by the respondent judge in his
(c) Prescribed probation treatment and supervision order dated August 11, 1982. The petitioner was then placed
program; under probation for a period of one (1) year, subject to the
(d) Probationer's response to the treatment terms and conditions enumerated therein.
plan/program; By the terms of the petitioner's probation, it should
(e) Recommendation to discharge the probationer have expired on August 10, 1983, one year after the order
from probation and the restoration of all his civil granting the same was issued. But, the order of final
rights. discharge could not be issued because the respondent
Such other relevant and material facts and information probation officer had not yet submitted his final report on
which may be required by the Trial Court. the conduct of his charge.
On December 8, 1983, the respondent People of the
III. FINAL DISCHARGE Philippines, through Assistant City Fiscal Jose D. Cajucom of
Section 62 of Parole and Probation Administration Manila, filed a motion to revoke the probation of the
Omnibus Rules on Probation Methods and Procedure: Final petitioner before Branch XX of the Regional Trial Court
Discharge. - After expiration of the original or extended (RTC) of Manila, presided over by the respondent judge.
probation period and based on due consideration of the The motion alleged that the petitioner had violated the
POs final report, the Trial Court may order the final terms and conditions of his probation.
discharge of the probationer upon finding that he has On January 4, 1984, the petitioner filed his opposition
fulfilled the probation terms and conditions and, to the motion on the ground that he was no longer under
thereupon, the probation supervision case is deemed probation, his probation period having terminated on
terminated.

Crim.
August 10, 1983, as previously adverted to. As such, no valid probation without the need of further proceedings in the
reason existed to revoke the same, he contended. trial court which, after all, would only be an exercise in
As if to confirm the Manila Assistant City Fiscal's futility. If we render justice now, why should we allow the
motion to revoke the petitioner's probation, the petitioner to further delay it. Probationer Manuel Bala
respondent probation officer filed on January 6, 1984, a failed to reunite with responsible society. Precisely he was
motion to terminate Manuel Bala's probation, at the same granted probation in order to give him a chance to return
time attaching his progress report on supervision dated to the main stream, to give him hope — hope for self-
January 5, 1984. The same motion, however, became the respect and a better life. Unfortunately, he has continued
subject of a "Manifestation," dated January 10, 1984, which to shun the straight and narrow path. He thus wrecked his
stated that the probation officer was not pursuing the chance. He has not reformed.
motion to terminate dated January 6, 1984; instead, he was A major role is played by the probation officer in the
submitting a supplemental report 7 which recommended release of the probationer because he (probation officer) is
the revocation of probation "in the light of new facts, in the best position to report all information relative to the
information, and evidences." conduct and mental and physical condition of the
probationer in his environment, and the existing
ISSUE: Whether or not Bala is already released from institutional and community resources that he may avail
probation absence of certificate of final discharge and can himself of when necessary. Indeed, it is the probation
the court revoke the probation of latter? officer who primarily undertakes the supervision and
reform of the probationer through a personalized,
HELD: individualized, and community-based rehabilitation
The present law on probation, Presidential Decree program for a specific period of time. On the basis of his
(P.D.) 1990, which amends section 4 of P.D. 968, clearly final report, the court can determine whether or not the
states that "no application for probation shall be probationer may be released from probation.
entertained or granted if the defendant has perfected the We find it reprehensible that the respondent probation
appeal from the judgment of conviction." officer had neglected to submit his report and
However, in the case at bar, P.D. 1990 is inapplicable. recommendation. For, as earlier discussed, without this
P.D. 1990, which went in force on January 15, 1985 cannot report, the trial court could not issue the order of final
be given retroactive effect because it would be prejudicial discharge of the probationer. And it is this order of final
to the accused. discharge which would restore the probationer's
The Court finds no merit in the petition. Probation is suspended civil rights. In the absence of the order of final
revocable before the final discharge of the probationer by discharge, the probation would still subsist, unless
the court, contrary to the petitioner's submission. otherwise revoked for cause and that is precisely what we
Section 16 of PD 968 is clear on this score, after the are going to do. We are revoking his probation for cause.
period of probation and upon consideration of the report The petitioner, by applying for probation and getting it,
and recommendation of the probation officer, the court consented to be emancipated from the yoke if not stigma
may order the final discharge of the probationer upon of a prison sentence, pledging to faithfully comply with the
finding that he has fulfilled the terms and conditions of his conditions of his probation, among which are:
probation and thereupon the case is deemed terminated. xxx
Thus, the expiration of the probation period alone does 4. To be gainfully employed and be a
not automatically terminate probation. Nowhere is the ipso productive member of society;
facto termination of probation found in the provisions of xxx
the probation law. Probation is not coterminous with its 6. To cooperate fully with his program of
period. There must first be issued by the court of an order supervision and rehabilitation that will be
of final discharge based on the report and recommendation prescribed by the Probation Officer.
of the probation officer. Only from such issuance can the These conditions, as the records show, were not complied
case of the probationer be deemed terminated. with. This non-compliance has defeated the very purposes
The period of probation may either be shortened or of the probation law, to wit:
made longer, but not to exceed the period set in the law. (a) promote the correction and rehabilitation of an
This is so because the period of probation, like the period of offender by providing him with individualized
incarceration, is deemed the appropriate period for the treatment;
rehabilitation of the probationer. In the instant case, a
review of the records compels a revocation of the

Crim.
(b) provide an opportunity for the reformation of a no order of final discharge as yet, as we stressed earlier.
penitent offender which might be less probable if Neither can there be a deduction of the one year probation
he were to serve a prison sentence; and period from the penalty of one year and one day to three
(c) prevent the commission of offenses. years, six months, and twenty-one days of imprisonment
By his actuations, probationer-petitioner Manuel V. because an order placing the defendant on "probation" is
Bala has ridiculed the probation program. Instead of not a "sentence," but is in effect a suspension of the
utilizing his temporary liberty to rehabilitate and imposition of the sentence. It is not a final judgment but an
reintegrate himself as a productive, law abiding, and "interlocutory judgment" in the nature of a conditional
socially responsible member of society, he continued in his order placing the convicted defendant under the
wayward ways — falsifying public or official documents. supervision of the court for his reformation, to be followed
Specifically, on April 30, 1984, the Regional Trial Court by a final judgment of discharge, if the conditions of the
of Manila, National Capital Judicial Region, Branch XXX, probation are complied with, or by a final judgment if the
convicted the petitioner, along with two other persons, conditions are violated."
under Article 172, in relation to Article 171, of the Revised Lastly, probation is a mere privilege. Privilege is a
Penal Code, in five separate informations, in Criminal Cases peculiar benefit or immunity conferred by law on a person
Nos. 29100, 29101, 29102, 29103, and 29107. The trial court or group of persons, not enjoyed by others or by all; special
imposed upon each of them in all five (5) cases a prison enjoyment of a good or exemption from an evil; it is a
term of 2 years of prision correccional, as minimum, to 4 special prerogative granted by law to some persons. 14
years also of prison correccional, as maximum. On appeal, Accordingly, the grant of probation rests solely upon the
the Court of Appeals affirmed the judgment of the RTC with discretion of the court. This discretion is to be exercised
modification by granting restitution of the amounts they primarily for the benefit of organized society, and only
collected from the offended private parties. The judgment incidentally for the benefit of the accused. 15 If the
has since become final. As a matter of fact, for failure of the probationer has proven to be unrepentant, as in the case of
petitioner to appear for execution of judgment despite the petitioner, the State is not barred from revoking such a
notice, the trial court ordered the arrest of Manuel Bala on privilege. Otherwise, the seriousness of the offense is
July 10, 1989. A warrant of arrest against Bala was issued on lessened if probation is not revoked.
July 12, 1989 and this warrant has not yet been In the light of all the foregoing and in the interest of
implemented because Bala absconded. These facts are the expeditious administration of justice, we revoke the
evident and constitute violations of the conditions of his probation of the petitioner for violations of the conditions
probation. Thus, the revocation of his probation is of his probation, instead of remanding the case to the trial
compelling. court and having the parties start all over again in needless
At any time during the probation, the protracted proceedings.
court may issue a warrant for the arrest of
a probationer for violation of any of the IV. CLOSING OF PROBATION CASE
conditions of probation. The probationer,
once arrested and detained, shall REVISED RULES ON PROBATION
immediately be brought before the court
for a hearing which may be informal and SEC 54 ARCHIVING OF CASE - The probation office shall
summary, of the violation charged. ... If formally close the record of probation case upon formal
the violation is established, the court may receipt of the court order finally discharging the probationer.
revoke or continue his probation and Thereafter the case shall be archived- kept for record
modify the conditions thereof. If revoked, purposes.
the court shall order the probationer to
serve the sentence originally imposed. An PAROLE AND PROBATION ADMINISTRATION OMNIBUS
order revoking the grant of probation or RULES ON PROBATION METHODS AND PROCEDURE
modifying the terms and conditions
thereof shall not be appealable. 11 SECTION 64. POINT IN TIME. - After actual receipt of the
(Emphasis supplied.) Termination Order finally discharging the probationer, the
The probation having been revoked, it is imperative Probation Office shall formally close the probation case and
that the probationer be arrested so that he can serve the keep clients case file.
sentence originally imposed. The expiration of the
probation period of one year is of no moment, there being

Crim.
SECTION 65. MODE. - Immediately after such closure of the 3. Probationer or

probation case, the corresponding probation records shall be 4. His attorney
archived, but not after the proper reporting is done. 5. Government offices or agencies engaged in
the correction and rehabilitation of offender
V. CONFIDENTIALITY OF PROBATION RECORDS
Section 17 of PD 968. Confidentiality of Records. The VI. VIOLATION OF CONFIDENTIALITY
investigation report and the supervision history of a Section 29 of PD 968 – the penalty imposed 6 months
probationer obtained under this Decree shall be privileged and one day to 6 years and fined ranging from 600 to 6000
and shall not be disclosed directly or indirectly to anyone pesos.
other than the Probation Administration or the court
concerned, except that the court, in its discretion, may
permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the
best interest of the probationer make such disclosure
desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies
of said documents for its official use from the proper court
or the Administration.
SEC 57 REVISED RULES ON PROBATION

1. Where it can be found?
a. Court concern
b. Office of the chief provincial probation office
assigned in city or province
c. Copies of this record forwarded to regional
ppo and ppa (Central Office)
2. What are these records?
a. petition for probation
b. order or referral for investigation
c. worksheet, waiver, case presentation, or
classification
d. resolve of record check from courts, barangay,
PNP, as well as Case Management and Records
Division, PPA
e. request for courtesy investigation and its
result
f. Post- Sentence Investigation Report
g. probation order, denying or granting
probation
h. application for modification or revision of
period or condition of probation
i. modification and revision order
j. record of hearing of violation of conditions of
probation
k. revocation or termination order
3. Which records are confidential? Investigation

Report and Supervisory History of Probation.
These are privilege and not accessible except to:
1. Probation Administration
2. Court

Crim.
CHAPTER V
THE VOLUNTEER PROBATION AIDES (VPA)
VPA are citizen of good standing in the
CHAPTER CONTENTS community who are volunteer to assist the parole
1. Volunteerisms define and probation officers in the supervision of a
2. Volunteer Probation Aides (VPA) define number of probationers, parolees, and pardonees
3. Qualification of VPA in tier respective community.
4. Appointment and terms of office of VPA Since they reside in the same community as
5. Salary of VPA the client, they are able to usher the reformation
6. Duties, Function and Responsibilities of VPA and rehabilitation of the clients, ands on.
7. Case load limitation of VPA
C. LEGAL BASIS
SPECIFIC OBJECTIVES Section 28 of PD 968. Probation Aides. To
At the end of this chapter the students should be able to: assist the Provincial or City Probation Officers in
1. define Volunteerisms and Volunteer Probation the supervision of probationers, the Probation
Aides (VPA); Administrator may appoint citizens of good repute
2. identify the qualification of VPA; and probity to act as probation aides.
3. discuss the appointment and terms of office of Probation Aides shall not receive any regular
VPA; compensation for services except for reasonable
4. enumerate the duties of VPA and its case loads travel allowance. They shall hold office for such
limitation. 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.
A. VOLUNTEERISMS define
It is a strategy by which the parole and probation
administration may be able to generate maximum D. QUALIFICATIONS
citizen participation or community involvement in the Section 57 of Parole and probation
overall process of client rehabilitation. administration omnibus rules on probation
methods and procedure –
a) Must be citizens of good repute and probity.
B. VOLUNTEER PROBATION AIDES b) At least 18 years of age on the date of appointment
(VPA) define c) At least high school graduates and

Crim.
d) Preferably residence of the same locality or

community covering the place of residence of the
H. FUNCTIONS AND
probationer and/or the CPPOs, SPPOs, and SrPPOs, RESPONSIBILITIES
PPOsII, and PPOsI. The functions and responsibilities of a VPA may include:
1. Works in close consultation and coordination with
Other qualification the chief probation and parole officer (CPPO) and
1. Of sound mind and of good moral character. supervising officer-on-Case (SOC), who will provide
2. As adequate and stable income and willing to serve the needed information about the client including
without any compensation. the treatment and supervision plan;
3. Has no criminal record of conviction, except those 2. Supervise a maximum of five (5) clients and
who have shown exemplary may therefore be thereafter yen (10) clients upon re-appointment
considered role model to fellow offenders. subject to the administrative and technical
4. Has the time to supervise a maximum of 5 clients. supervision by the Chief Parole and Probation
Officer (CPPO);
E. APPOINTMENT AND TERMS OF 3. Keeps all information about the clients in strict
confidential;
OFFICE 4. Performs such other task related to clients
Sec. 58 of Parole and probation administration rehabilitation as may be assigned by the CPPO
omnibus rules on probation methods and from time to time;
procedure: 5. Prepares records of their activities and accomplish
a) Probation Aides shall be appointed by the Probation related reports and prompt submission thereof
Administrator or through authority delegated to the and undertake other related activities; and
Regional Directors within their respective areas of 6. They may be designated to identify, generate, tap
responsibility upon the recommendation of the local community resources or conduct such
CPPOs. activities on skills training and sports and cultural
b) Probation Aides so appointed may hold office during programs for clients.
good behavior for a period of two (2) years,
renewable at the end of each period; provided, that,
the appointing authority may at any time terminate
I. CASE LOAD
the services of Probation Aides for unsatisfactory Sec. 59 of Parole and probation administration
performance for at least two (2) consecutive omnibus rules on probation methods and
semesters as determined by the proper Offices procedure:
and/or for other lawful and valid cause(s). a) In assigning probation supervision caseload(s) to the
Thereafter, his reinstatement shall be determined Probation Aides, the Probation Offices shall duly
by his display of good behavior as determined by consider their respective qualifications, length of
collateral informants and the appointing authority. service, work accomplishments, and other related
criteria. And, as to maximum supervision caseload
to be given to them, the Probation Office should,
F. SALARY exercise utmost prudence and caution.
VPA shall not receive any regular b) The maximum supervision caseloads of a Probation
compensation but entitled to travel allowances Aide at any given time shall be ten (10) probationers
allowed under existing government rules and on minimum case classification or three (3)
regulation. probationers on maximum case classification in
addition to other duties.
G. DUTIES OF VPA
1. Assist the Probation Officer in supervision of
probationer
2. Prepare and submit reports and record of his work
as may be required by probation offices
3. Assist the probation officer in mobilization of
community support for probation program

Crim.
CHAPTER VI
THE PAROLE AND PROBATION ADMINISTRATION
CHAPTER CONTENTS b. assistant probation administrator;
1. What is parole and probation and parole c. regional probation officer; and
administration? d. provincial and City Probation Officers;
2. Functions of PPA 4. Draw the Organization Structure of Probation
3. The history and Creation of Probation Administration
Administration under PD 968 5. identify and understand the vision, mission,
4. Qualification and Powers and Duties of the mandate, goals and organizational values of PPA;
following: and
a. Probation administrator, 6. enumerate and discuss the major rehabilitation
b. Assistant probation administrator programs of PPA.
c. Regional probation officer
d. Provincial and City Probation Officers
5. The Organization Structure of Probation A. WHAT IS PAROLE AND
Administration
6. Vision, Mission, Mandate, Goals and PROBATION ADMINISTRATION?
Organizational Values The Parole and Probation Administration (Filipino:
7. Major Rehabilitation Programs of PPA Pangasiwaan ng Parol at Probasyon), abbreviated as PPA, is
an agency of the Philippine government under the
SPECIFIC OBJECTIVES Department of Justice responsible for providing a less
At the end of this chapter the students should be able to: costly alternative to imprisonment of first-time offenders
1. Define PPA and know its functions who are likely to respond to individualized community-
2. discuss the history and creation of probation and based treatment programs.
parole administration under PD 968;
3. identify the qualification and duties of the
following:
B. FUNCTIONS
a. probation administrator;

Crim.
To carry out these goals, the Agency through its were developed; probation officers recruited and trained,
network of regional and field parole and probation officers and the central agency and probation field offices
performs the following functions: organized throughout the country. Fifteen selected
a. To administer the parole and probation system probation officers were sent to United States for
b. To exercise supervision over parolees, pardonees orientation and training in probation administration. Upon
and probationers their return, they were assigned to train the newly
c. To promote the correction and rehabilitation of recruited probation officers.
criminal offenders. The probation system started to operate on January 3,
1978. As more probation officers were recruited and
trained, more field offices were opened. There are at
C. HISTORY AND THE CREATION OF present 204 field offices spread all over the country,
PROBATION ADMINISTRATION supervised by 15 regional offices.
Probation was first introduced in the Philippines during PAROLE AND PROBATION ADMINISTRATION
the American colonial period (1898–1945) with the PANGASIWAAN NG PAROL AT PROBASYON
enactment of Act No. 4221 of the Philippine Legislature on
August 7, 1935. This law created a Probation Office under Abbreviation PPA-DOJ
the Department of Justice. On November 16, 1937, after
barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional
because of some defects in the law's procedural
framework.
In 1972, House Bill No. 393 was filed in Congress, which
would establish a probation system in the Philippines. This
bill avoided the objectionable features of Act 4221 that
struck down the 1935 law as unconstitutional. The bill was
passed by the House of Representatives, but was pending Seal of the Parole and Probation Administration
in the Senate when Martial Law was declared and Congress
was abolished. Agency overview
In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical Formed July 24, 1976
hearings over a period of six months, the draft decree was
presented to a selected group of 369 jurists, penologists, Legal Governmental: Government agency
civic leaders and social and behavioral scientists and personality
practitioners. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country. Jurisdictional structure
On July 24, 1976, Presidential Decree No. 968, also
National Philippines
known as Adult Probation Law of 1976, was signed into Law
agency
by the President of the Philippines.
General nature  Law enforcement
Section 18 of PD 968. The Probation Administration. There is  Civilian agency
hereby created under the Department of Justice an agency to
be known as the Probation Administration herein referred to Operational structure
as the Administration, which shall exercise general
supervision over all probationers. Headquarters DOJ Agencies Building, NIA Road cor.
The Administration shall have such staff, operating units and East Avenue, Diliman, Quezon City
personnel as may be necessary for the proper execution of its
functions. Agency Manuel G. Co, Administrator
executive
The startup of the probation system in 1976-1977 was a
massive undertaking during which all judges and Parent agency Department of Justice
prosecutors nationwide were trained in probation methods
and procedures; administrative and procedural manuals

Crim.
He shall be appointed by the President of the

Philippines and shall receive an annual salary of at least
NOTA BENE: Under Executive Order no. 292, entitled “the thirty-six thousand pesos.
Administrative Code of 1987”, promulgated on November
23, 1989, the probation Administration was renamed as QUALIFICATIONS:
“Parole and Probation Administration”. It was given the Under Section 21 of PD 968 to be eligible for
added function of supervising prisoners who, after serving Appointment as Administrator or Assistant Probation
part of their sentence in jails are released on parole or are Administrator one must be:
granted pardon with parole conditions. 1. At least 35 years old
2. Holder of a master degree in criminology,
social work correction, penology, psychology,
D. POWERS AND DUTIES OF sociology, public administration , laws, police
OFFICERS OF PROBATION science, police administration or relation field.
3. 5 years supervisory experience
ADINISTRATOR 4. Member of BAR with 7 years supervisory
A. PROBATION ADMINISTRATOR
The Administration shall be headed by the Probation C. REGIONAL OFFICE; REGIONAL PROBATION OFFICER.
Administrator, hereinafter referred to as the Under Section 22 of PD 968 the Administration shall
Administrator. have regional offices.
It is appointed by the President of the Philippines. Such regional offices shall be headed by a Regional
He shall hold office during good behavior and shall not Probation Officer.
be removed except for cause. (Section 19 of PD 968:) 1. He shall exercise supervision and control over all
probation officer within his jurisdiction and such
The following are the powers and Duties of Probation duties as may assigned to him by the
Administration under Section 19 of PD 968: Administrator.
(a) Act as the executive officer of the Administration; 2. He shall have an annual salary of at least 24,000
(b) Exercise supervision and control over all probation pesos.
officers; The Regional Probation Officer shall be assisted by an
(c) Make annual reports to the Secretary of Justice, in Assistant Regional Probation Officer with an annual salary
such form as the latter may prescribe, concerning of at least 20,000 pesos
the operation, administration and improvement of N.B. Both were appointed by President of the
the probation system; Philippines upon the recommendation of the Secretary of
(d) Promulgate, subject to the approval of the Justice.
Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation D. PROVINCIAL AND CITY PROBATION OFFICERS.
process; Under Section 22 of PD 968 there shall be at least one
(e) Recommend to the Secretary of Justice the probation officer in each province and city who shall be
appointment of the subordinate personnel of his appointed by the Secretary of Justice upon
Administration and other offices established in this recommendation of the Administrator and in accordance
Decree; and with civil service law and rules.
(f) Generally, perform such duties and exercise such The Provincial or City Probation Officer shall receive an
powers as may be necessary or incidental to annual salary of at least 8,400.
achieve the objectives of this Decree. His duties shall be to:
(a) Investigate all persons referred to him for
B. ASSISTANT PROBATION ADMINISTRATOR investigation by the proper court or the
Under Section 20 of PD 968 there shall be an Administrator;
Assistant Probation Administrator who shall assist the (b) Instruct all probationers under his supervision of
Administrator perform such duties as may be assigned that of the probation aide on the terms and
to him by the latter and as may be provided by law. In conditions of their probations;
the absence of the Administrator, he shall act as head (c) Keep himself informed of the conduct and
of the Administration. condition of probationers under his charge and use

Crim.
all suitable methods to bring about an

improvement in their conduct and conditions;
E. THE ORGANIZATION STRUCTURE
(d) Maintain a detailed record of his work and submit OF PROBATION
such written reports as may be required by the
Administration or the court having jurisdiction over ADMINISTRATION (See
the probationer under his supervision; Appendices)
(e) Prepare a list of qualified residents of the province The Probation Administration was created by virtue of
or city where he is assigned who are willing to act Presidential Decree No. 968, “The Probation Law of 1976”,
as probation aides; to administer the probation system. Under Executive Order
(f) Supervise the training of probation aides and No. 292, “The Administrative Code of 1987” which was
oversee the latter's supervision of probationers; promulgated on November 23, 1989, the Probation
(g) Exercise supervision and control over all field Administration was renamed “Parole and Probation
assistants, probation aides and other personnel; Administration” and given the added function of
and supervising prisoners who, after serving part of their
(h) Perform such duties as may be assigned by the sentence in jails are released on parole pardon with parole
court or the Administration. conditions
Effective August 17, 2005, by virtue of a Memorandum
Qualifications of Regional, Assistant Regional, Provincial, of Agreement with the Dangerous Drugs Board, the
and City Probation Officers. (Section 25 of PD 968) Administration performs another additional function of
No person shall be appointed Regional or Assistant investigating and supervising first-time minor drug
Regional or Provincial or City Probation Officer unless: offenders who are placed on suspended pursuant to
1. He possesses at least a bachelor's degree with a Republic Act No. 9165.
major in social work, sociology, psychology, Probation Administration (EO no. 292 Paroles and
criminology, penology, corrections, police science, Probation Administration) Line Bureau under the DOJ
administration, or related fields
2. He has at least 3 years of experience in work
requiring any of the abovementioned disciplines or A. CENTRAL OFFICE
3. A member of the Philippine Bar with at least 3 1. OFFICE OF THE ADMINISTRATOR – It acts as the head
years of supervisory experience. and the executive officer of the PPA.
a. Planning staff – Develops plans, programs and
Whenever practicable, the Provincial or City Probation conducts, research towards economical, efficient
Officer shall be appointed from among qualified residents and effective operation and implementation of PD
of the province or city where he will be assigned to work. no. 968 as amended.
b. Technical services - It acts as service arm of the
E. MISCELLANEOUS POWERS UNDER SECTION 24 OF PD Board of Pardons and Parole in the supervision of
968. parolees and pardoness.
They shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and 2. OFFICE OF THE DEPUTY ADMINISTRATOR - One
to take depositions in connection with their duties and deputy. Assist the administrator and performs such
functions under this Decree. They shall also have, with duties as may be assigned by the administrator.
respect to probationers under their care, the powers of
police officer. 3. STAFF DIVISION
1. ADMINISTRATIVE DIVISION (AD) – It provides the
F. FIELD ASSISTANTS, SUBORDINATE PERSONNEL administration with well-planned, directed and
Sec. 27. Field Assistants, Subordinate Personnel. — coordinated services relating to personnel,
Provincial or City Probation Officers shall be assisted by records, supplies and equipment, disbursement,
such field assistants and subordinate personnel as may be security and janitor/messengerial services and
necessary to enable them to carry out their duties public information dissemination.
effectively. 1. Personnel Section
2. Public Information Section
3. Records and Mailing Section
4. Cash Section

Crim.
5. Property Section establishes linkages with criminal justice pillars for

6. General Services Section improvement of case load management.
2. FINANCIAL MANAGEMENT DIVISION (FMD) - It 7. CLINICAL SERVICES DIVISION (CSD) - Provides the
provides financial support to all units of the agency administration with effective diagnostic/evaluation
and implements policies and procedure on and therapy/management of PPA employees and
financial management in accordance with the their dependents, petitioner, probationers,
government rules and regulations. parolees, pardonees which include psychiatric,
1. Accounting Section medical, dental, and psychological and social
2. Budget Section services.
3. Management Section 1. Psychological Services Section
2. Social Services Section
3. LEGAL AND INSPECTORATE DIVISION (LID) – It 3. Medical and Dental Section
provides various units of the administration with
legal advice, prepares opinions on questions of law
that may arise in the implementation of P.D. no.
B. REGIONAL OFFICES - Regional Probation
968 as amended. and Parole Offices (Dir. II/ Regional Dir.) - It exercise
1. Inspection and Investigation Section supervision and control over all provincial/city Parole
2. Legal Counseling Section and Probation offices within the jurisdiction and
performs such duties as may be assigned by the
4. TRAINING DIVISION (TD) - Develops, conducts, administrator.
monitors and evaluates training programs for - One Deputy (Dir. I/ Asst. Reg. Dir.)
improved job performance of the line and staff - 15 Regional Office
personnel of the agency, develops modules for
training of community volunteers, facilities and C. PROVINCE/CITY OFFICE – It undertakes
monitors attendance of officials and employees in the investigation of petitioners for probation referred
training programs sponsored by the other by the courts for PSIRs; supervise
agencies/organizations. probationers/parolees/pardoness and perform such
1. Research Development Section other duties as may be assigned by the administrator.
2. Material Preparation and A/V Section CHIEF PPO ASSISTED BY:
3. Training Evaluation Section - Senior Probation and Parole Officer (Sr. PPO)
- Probation and Parole Officer II (PPO II)
5. COMMUNITY SERVICES DIVISION (CMSD) – Assist - Parole and Probation Officer I (PPO I)
in the establishment/development of facilities, - Clerk II
programs and services for the rehabilitation of
probationers/parolees/pardonees utilizing NOTA BENE: See Appendix for the Organizational Charts
community resources, provides technical and
consultative services to operating units and offices PROBATION ADMINISTRATION – appointed by President -
of the administration, screens and recommends for h\old office during good behavior/ or shall not be remove
appointment of VPAs. without case.
1. Community Programs Section
2. Volunteer services Section Regional Probation Office- appointed by the President
upon recommendation Secretary of DOJ. It IS Assisted by
6. CASE MANAGEMENT AND RECORDS DIVISION - It Assistant Regional Probation Office
provides technical services assistance to field
officers in improving investigation Provincial or City Probation and Parole Officer- at least one
procedures/supervision over probationers and in each province or City appointed by secretary of DOJ,
their services to the courts; conducts studies on upon recommendation of Probation Administration.
caseloads, caseworks services and procedures in
case management, maintains central files of Requirement for Regional Probation Office, Assistant RPO,
records of Provincial or City:
petitioners/probationers/parolees/pardonees and

Crim.
1. A bachelor degree major in social work, sociology, II. MISSION

psychology, criminology, penology, correction, To rehabilitate probationers, parolees and pardonees
police science, police administration or related and promote their development as integral persons by
field with 3 years supervisory experience. utilizing innovative interventions and techniques which
2. member of the BAR with 3 years supervisory respect the dignity of man and recognize his divine
experience destiny.
III. MANDATE
F. PPA FORMS The Parole and Probation Administration is mandated
PPA TITLE to conserve and/or redeem convicted offenders and
FORM prisoners who are under the probation or parole
NO. system.
1 Post-Sentence Investigation Work Sheet
2 Waiver-Cum-Authorization IV. GOALS
3 Post-Sentence Investigation Report The Administration's programs sets to achieve the
5 Monthly Caseload Summary Reports following goals:
7 Request for Outside Travel a. Promote the reformation of criminal offenders and
8 Violation Report reduce the incidence of recidivism, and
9 Probation Officers Final Report b. Provide a cheaper alternative to the institutional
10 Office Order confinement of first-time offenders who are likely
11 Payment Plan to respond to individualized, community-based
14 General Inter-Office Referral treatment programs.
15 Case Classification
16 Supervision Treatment Plan V. ORGANIZATIONAL VALUES (PPA)
17 Supervision Case Notes
18 Attendance Monitoring Form of Clients A. PERFORMANCE - Efficient and effective
19 Termination Form accomplishment of task and targets, beginning with
22 Arrival Report individual officials and throughout all units in the
23 Certificate of undertaking organizational hierarchy, linked coherently and
24 Change of Residence progressively toward the agency Mission, Vision and
strategic works.
25 Pre-Parole/Pre-Executive Clemency
1. Teamwork - Working together to achieve
Investigation Report
shared goals
26 Certificate of No Pending Case
2. Resourcefulness and Innovativeness -
30 Psychological/Clinical evaluation referral
Exploring resources with ingenuity optimizing
32 Follow-up letter
opportunities with creativity.
33 Standard Cover Letter
42 Certificate of No Appeal B. PROFESSIONALISM - High level of proficiency on
the resulting from mastery and conscientious
G. VISION, MISSION, MANDATE, application of appropriate knowledge and skills,
honed by sound judgment, self-discipline and
GOALS AND ORGANIZATIONAL unceasing striving for excellence, and founded on a
VALUES code of conduct that respects the dignity of clients
and fellowmen.
1. Role modeling - Serving and inspiring by
I. VISION
example.
A model component of the Philippine Correctional
2. Professional Existence - Achieving high
System that shall enhance the quality of life of its
standards for ethical and quality service
clients through multi disciplinary programs and
C. ACCOUNTABILITY - Inherent obligation of every
resources, and efficient organization, and highly
official and employees to answer employee to
professional and committed workforce in order to
answer for decisions, actions and result within
promote social justice and development.
his/her authority, including proper and effective

Crim.
utilization of resources is support of Agency policies In collaboration with the PPO, the VPA
and programs with timely, complete and accurate helps pave the way for the offender, victim and
disclosure in required report. community to each heal from the harm resulting
1. Responsibility - Achieving expectations, from the crime done. They can initiate a circle of
answering for results. support for clients and victims to prevent further
2. Honesty and Integrity - Being upright and crimes, thereby be participants in nation-building.
transparent in transaction and relations.
C. The THERAPEUTIC COMMUNITY (TC) is a self-help
social learning treatment model used in the
H. MAJOR REHABILITATION rehabilitation of drug offenders and other clients
PROGRAMS with behavioral problems. TC adheres to precepts
of “right living” - Responsible Love and Concern;
A. RESTORATIVE JUSTICE (RJ) is a philosophy and a Truth and Honesty; the Here and Now; Personal
process whereby stakeholders in a specific offense Responsibility for Destiny; Social Responsibility
resolve collectively how to deal with the aftermath (brother’s keeper); Moral Code; Work Ethics and
of the offense and its implications for the future. It Pride in Quality.
is a victim-centered response to crime that The Therapeutic Community (TC) is an
provides opportunity for those directly affected by environment that helps people get help while
the crime - the victim, the offender, their families helping themselves. It operates in a similar fashion
and the community - to be directly involved in to a functional family with a hierarchical structure
responding to the harm caused by the crime. Its of older and younger members. Each member has
ultimate objective is to restore the broken a defined role and responsibilities for sustaining
relationships among stakeholders. the proper functioning of the TC. There are sets of
The Restorative Justice process provides a rules and community norms that members commit
healing opportunity for affected parties to to live by and uphold upon entry. The primary
facilitate the recovery of the concerned parties and “therapist” and teacher is the community itself,
allow them to move on with their lives. consisting of peers, staff/probation and parole
officers and even Volunteer Probation Aides (VPA),
B. The VOLUNTEER PROBATION AIDE (VPA) who, as role models of successful personal change,
PROGRAM is a strategy by which the Parole and serve as guides in the recovery process.
Probation Administration may be able to generate
maximum citizen participation or community
involvement. Citizens of good standing in the
community may volunteer to assist the probation
and parole officers in the supervision of a number
of probationers, parolees and conditional
pardonees in their respective communities. Since
they reside in the same community as the client,
they are able to usher the reformation and
rehabilitation of the clients hands-on.

Crim.
CHAPTER VII
PAROLE
1. define parole and other important terms;
CHAPTER CONTENTS: 2. discuss the historical development of parole;
1. Parole Define 3. differentiates parole from probation;
2. Historical Development of Parole 4. identify the advantage and disadvantage of
3. Distinction Between Parole and Probation parole;
4. Advantage and Disadvantage of parole 5. enumerate the prisoners qualified and
5. Prisoners Qualified and Disqualified for Parole disqualified for Parole;
6. The Board of Pardon and Parole 6. identify the composition of the Boards of
7. The Indeterminate Sentence Law (Act No. 4103) 7. explain the important provisions of Act No.
8. Implementing Rules and Regulation on Parole 4103 (1933) known as the Indeterminate
and Pardon Sentence Law; and
8. identify important provisions of the
SPECIFIC OBJECTIVES Implementing Rules and Regulation (IRR) on
At the end of this chapter the students should be able Parole and Pardon.
to:

Crim.
Maconochie criticized definite prison terms and

A. WHAT IS PAROLE? developed a system of rewards for good conduct, labor and
study. Through a classification procedure he called the
It is the provisional release of a prisoner who agrees to mark system, prisoners could progress through stages of
certain conditions prior to the completion of the maximum increasing responsibility and ultimately gain freedom. In
sentence period. Originating from the French parole 1840, he was given an opportunity to apply these principles
("voice", "spoken words"), the term became associated as superintendent of the Norfolk Island penal settlement in
during the Middle Ages with the release of prisoners who the South Pacific. Under his direction, task
gave their word. accomplishment, not time served, was the criterion for
It is the process of suspending the sentence of a release. Marks of commendation were given to prisoners
convict after having served the minimum of his sentence who performed their tasks well, and they were released
without granting him pardon, and the prescribing term from the penal colony as they demonstrated willingness to
upon which the sentence shall be suspended. accept society's rules. Returning to England in 1844 to
It is the release from imprisonment, but without full campaign for penal reform, Maconochie tried to implement
restoration of liberty, as parolee is in custody of the law his reforms when he was appointed governor of the new
although not in confinement. Birmingham Prison in 1849. However, he was unable to
institute his reforms there because he was dismissed from
PRE-PAROLE INVESTIGATION his position in 1851 on the grounds that his methods were
The Administration has been authorized by the Board to too lenient (Clear and Cole 1997).
conduct pre-parole investigation of deserving city,
provincial and national prisoner confined in the city and Alexander Maconochie
provincial jails, the national penitentiary and penal colonies, He is the Superintendent of the penal colony at Norfolk
whenever their best interests and that of justice will be Island in Australia (1840) who introduced the Mark System
served thereby, and to submit reports of said investigation that became the blueprint of modern day parole. He is
at least 60 days before the expiration of the minimum considered as the father of modern penology.
sentences of the prisoners concerned.
Mark System
A progressive humane system in which a prisoner is
B. HISTORY OF PAROLE required to earn a number of marks based on proper
Parole comes from the French word parole, referring department, labor and study in order to entitle him for
to "word" as in giving one's word of honor or promise. It ticket for leave or conditional release which is similar to
has come to mean an inmate's promise to conduct him or parole.
herself in a law-abiding manner and according to certain
rules in exchange for release. In penal philosophy, parole is Walter Crofton attempted to implement
part of the general 19th-century trend in criminology from Maconichie's mark system when he became the
punishment to reformation. Chief credit for developing the administrator of the Irish Prison System in 1854. Crofton felt
early parole system is usually given to Alexander that prison programs should be directed more toward
Maconochie, who was in charge of the English penal colony reformation, and that "tickets-of-leave" should be awarded
at Norfolk Island, 1,000 miles off the coast of Australia, and to prisoners who had shown definitive achievement and
to Sir Walter Crofton, who directed Ireland's prisons positive attitude change. After a period of strict
(Cromwell and del Carmen 1999). imprisonment, Crofton began transferring offenders to
Alexander Maconochie, a Scottish geographer and "intermediate prisons" where they could accumulate marks
captain in the Royal Navy, introduced the modern idea of based on work performance, behavior and educational
parole when, in 1840, he was appointed superintendent of improvement. Eventually they would be given tickets-of-
the British penal colonies in Norfolk Island, Australia. He leave and released on parole supervision. Parolees were
developed a plan to prepare them for eventual return to required to submit monthly reports to the police, and a
society that involved three grades. The first two consisted police inspector helped them find jobs and generally
of promotions earned through good behaviour, labour, and oversaw their activities. The concepts of intermediate
study. The third grade in the system involved conditional prisons, assistance and supervision after release were
liberty outside of prison while obeying rules. A violation Crofton's contributions to the modern system of parole
would return them to prison and starting all over again (Clear and Cole 1997).
through the ranks of the three grade process

Crim.
By 1865, American penal reformers were well appointed volunteer guardian (from which parole officers
aware of the reforms achieved in the European prison evolved) and provide an account of his situation and
systems, particularly in the Irish system. At the Cincinnati conduct (Abadinsky 1997). Written reports became
meeting of the National Prison Association in 1870, a paper required and were submitted to the institute after being
by Crofton was read, and specific references to the Irish signed by the parolee's employer and guardian.
system were incorporated into the Declaration of Indeterminate sentencing and parole spread rapidly
Principles, along with other such reforms as indeterminate through the United States. In 1907, New York became the
sentencing and classification for release based on a mark first state to formally adopt all the components of a parole
system. Because of Crofton's experiment, many Americans system: indeterminate sentences, a system for granting
referred to parole as the Irish system (Walker 1998). release, post-release supervision and specific criteria for
Walter Crofton parole violation. By 1927, only three states (Florida,
He is the director of the Irish Prison in 1854 who Mississippi and Virginia) were without a parole system, and
introduced the Irish system that was modified from the by 1942, all states and the federal government had such
Macanochie’s mark system. systems (Clear and Cole 1997).
This differs from amnesty or commutation of sentence
in that parolees are still considered to be serving their
Zebulon Brockway, a Michigan penologist, is given sentences, and may be returned to prison if they violate the
credit for implementing the first parole system in the U.S. conditions of their parole. A specific type of parole is
He proposed a two-pronged strategy for managing prison medical parole or compassionate release which is the
populations and preparing inmates for release: release of prisoners on medical or humanitarian grounds.
indeterminate sentencing coupled with parole supervision. Conditions of parole often include things such as obeying
He was given a chance to put his proposal into practice in the law, refraining from drug and alcohol use, avoiding
1876 when he was appointed superintendent at a new contact with the parolee's victims, obtaining employment,
youth reformatory, the Elmira Reformatory in New York. He and maintaining required contacts with a parole officer.
instituted a system of indeterminacy and parole release, Some justice systems, such as the United States federal
and is commonly credited as the father of both in the system, place defendants on supervised release after
United States. His ideas reflected the tenor of the times - a serving their entire prison sentence; this is not the same as
belief that criminals could be reformed, and that every parole. In Colorado, parole is an additional punishment
prisoner's treatment should be individualized. after the entire prison sentence is served - it is called
'mandatory parole'.
Zebulon Brockway
First Superintendent of Elmira Reformatory in New CREATION OF PAROLE SYSTEM IN THE PHILIPPINES:
York It came into existence by the passage of Act 4103 as
He introduced training school type, education for amended by Acts 4203 and 4225, otherwise known as the
prisoners, solitary confinement for night and congregate Indeterminate Sentence Law, which took effect on Dec. 5,
workshop were adopted, extensive use of parole and 1933. Board of Pardons and Parole – administers the Parole
indeterminate sentence. system of the country
The Elmira Reformatory (1876 in Elmira, NY)
First reformatory and considered as the forerunner of C. DISTINCTION BETWEEN PAROLE
modern penology because it had all the elements of a
modern system. & PROBATION
These two concepts are sometimes used
On being admitted to Elmira, each inmate (males interchangeably, but there are substantial differences
between the ages of sixteen and thirty) was placed in the between the two. Parole is a conditional release from
second grade of classification. Six months of good conduct actual confinement under sentence of imprisonment,
meant promotion to the first grade - misbehavior could contingent upon future conduct with respect to terms of
result in being placed in the third grade, from which the parole, and the parolee is subject to future confinement for
inmate would have to work his way back up. Continued the un-served portion of sentence in the event he violates
good behavior in the first grade resulted in release. Paroled provisions of parole. While probation relates to action
inmates remained under the jurisdiction of authorities for taken before prison door is closed, and before final
an additional six months, during which the parolee was conviction, parole relates to action taken after the prison
required to report on the first day of every month to his door has been closed, and partakes of the nature of

Crim.
pardon, for it suspends execution of penalty already It is granted more than Probation is enjoyed
imposed. once, depending on only once
An order placing a defendant on probation is not a final good behavior during
judgment, but is rather an "interlocutory judgment" in the imprisonment
nature of a conditional order placing the defendant under
the supervision of the court for his reformation, to be Probation is a Convict must serve the
followed by a final judgment of discharge, if the conditions community-based minimum of his
of probation are complied with, or by a final judgment of approach to sentence before the
sentence if the conditions are violated. reformation of grant.
The following are the other distinction: offenders.
PAROLE PROBATION
Administrative function It is a judicial function D. DIFFERENCE BETWEEN PAROLE
exercised by the exercise by the courts.
executive branch of the AND MANDATORY SUPERVISION
government (executive "Mandatory Supervision," is a practice whereby an
function) inmate is released prior to the completion of their sentence
due to legal technicalities which oblige the offender justice
Granted to a prisoner Granted to an offender system to free them. In some states such as Texas, inmates
only after he has serve immediately after are compensated with "good time," which is counted
the minimum of his conviction. towards time served. For example, if an inmate served five
sentence. years of a ten year prison term, and also had five years of
"good time," they will have completed their sentence "on
It is an extension of It is substitute for paper," obliging the state to release them unless deemed a
institutional. It is a imprisonment. threat to society in writing by the parole board. Where
conditional release of a Probation is an parole is granted or denied at the discretion of a parole
prisoner whereby he is alternative to board, mandatory supervision does not involve a decision
placed under the imprisonment. Instead making process: one either qualifies for it or does not.
supervision of a Parole of being confined in Mandatory supervision tends to involve stipulations that
Officer after serving his prison, the probationer are more lenient than those of parole, and in some cases
minimum sentence. is released to the place no obligations at all on the individual being released.
community by the court
with conditions to
follow and is placed E. ADVANTAGES AND
under the supervision
of PO.
DISADVANTAGES OF PAROLE
Granted by BPP Granted by the court
A. ADVANTAGES OF PAROLE
Parolee Probationer Parole is the release of a prisoner who agrees to certain
conditions upon being released. An advantage of parole is
Parolee supervised by Probationer supervise that it can be used to award prisoners for good behavior
parole officer by probation officer during their sentence.
One of the other advantages is the economy factors.
Parole is administered Probation is handled by Releasing prisoners on parole can force them to get a job
by the Parole Board. the Probation and no longer be a ward of the state. The money from the
Administration prisoner’s job will then pay for state taxes and further help
out the government.
Parole does not Probation is more Another advantage is the thought of parole can cause
restores full civil rights beneficent because it prisoners to serve their sentence peacefully until they
to parolee restores full civil rights reach the point where they can be granted parole. This may
to the probationer upon lessen the amount of prison fights and altercations with the
termination unlike guards.
parole.

Crim.
Parole is the early release of convicts from prison, prior 2. Inmate has served the minimum period of the
to the completion of their given sentence. Parole is issued indeterminate sentence;
based on good behavior or the parole board's 3. Inmate's conviction is final and executor;
determination that the convict has been sufficiently 4. In case the inmate has one or more co-accused
reformed to re-enter society. Therein lies its foremost who had been convicted, the director/warden
advantage: the provision of fresh opportunity and the concerned shall forward their prison records
chance to start anew for criminals. It is also advantageous and carpetas/jackets at the same time.
to the public to reduce the number of people incarcerated, 5. Inmate has no pending criminal case; and
which can cost tens of thousands prisoner per year. 6. Inmate is serving sentence in the national
Furthermore, reducing incarceration rates is conducive to a penitentiary, unless the confinement of said
free, democratic society. inmate in a municipal, city, district or provincial
jail is justified.
B. DISADVANTAGE OF PAROLE
Parole involves the risk that the parolee may become a
repeat offender (known as recidivism in the criminal justice
G. PRISONERS DISQUALIFIED FOR
field). It also involves the risk that he won't, in fact, be able PAROLE: (Section 2, Act no. 4103)
to survive on his own upon release, and will fall victim to 1. Those persons convicted of offenses punished with
chronic unemployment, homelessness, social reclusion perpetua;
maladjustment or substance abuse. Another disadvantage 2. Those convicted of treason, conspiracy or
of parole is that it frequently involves the continuation of proposal to commit treason;
involvement by the criminal justice system (at a financial 3. Those convicted of misprision of treason, rebellion,
cost to the public and to the detriment of individual liberty) sedition or espionage;
in the parolee's life, because parole is often accompanied 4. Those convicted of piracy;
by monitoring for a certain period thereafter. 5. Those who are habitual delinquents;
6. Those who escaped from confinement or those
F. PRISONERS QUALIFIED AND who evaded sentence;
7. Those who were granted conditional pardon and
DISQUALIFIES FOR PAROLE violated any of the terms thereof;
8. Those whose maximum term of imprisonment
A. PRISONERS QUALIFIED does not exceed 1 year or are with a definite
Unless otherwise disqualified under Sec. 15 of the rules, sentence;
a prisoner shall be eligible for the grant of parole upon 9. Those suffering from any mental disorder as
showing that – certified by a psychiatric report of the bureau of
a. He is confined in a jail or prison to serve an correction or national center for mental health;
indeterminate prison sentence, the maximum 10. Those whose conviction is on appeal;
period of which exceeds one year, pursuant to a 11. Those who have pending criminal case for an
final judgment of conviction; and that offense committed while serving sentence.
b. He has served the minimum period of said 12. Those convicted of offenses punished with
sentence less the good conduct time allowances reclusion perpetua, or whose sentences were
(GCTA) earned. reduced to reclusion perpetua by reason of
c. There is a reasonable probability that if released, Republic Act No. 9346 enacted on June 24, 2006,
he will become law-abiding; and amending Republic Act No. 7659 dated January 1,
d. His release will not be incompatible with the 2004; and
interests and welfare of society. 13. Those convicted for violation of the laws on
terrorism, plunder and transnational crimes."
"RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE CASE -
AN INMATE'S CASE MAY BE ELIGIBLE FOR REVIEW BY THE
BOARD PROVIDED:
H. BOARD OF PARDONS AND
1. Inmate is serving an indeterminate sentence PAROLE
the maximum period of which exceeds one (1) The Board of Pardons and Parole, created by virtue of
year; Act No. 4103 (1933) known as the Indeterminate Sentence

Crim.
Law, is an agency under the Department of Justice (DOJ) sociologist, a clergyman, an educator, a person with
tasked to uplift and redeem valuable human resources to training and experience in correction work, and a member
economic usefulness and to prevent unnecessary and of the Philippine Bar; Provided, that one of them is a
excessive deprivation of personal liberty by way of parole woman. The members of the Board shall be appointed by
or through executive clemency. the President upon the recommendation of the Secretary
and shall hold office for a term of six (6) years, without
The Board undertakes the following: prejudice to reappointment.
1. Looks into the physical, mental and moral records In case of vacancy by reason of death, incapacity,
of prisoners who are eligible for parole or any form resignation or removal of any of the Board members, the
of executive clemency and determines the proper Secretary shall have the authority to designate a temporary
time of release of such prisoners on parole; member possessing the qualifications of his predecessor
2. Assists in the full rehabilitation of individuals on and to serve out his unexpired term or until the President
parole or those under conditional pardon with shall have appointed a regular member to fill the vacancy.
parole conditions, by way of parole supervision;
and, SECTION 19. Executive Director and Board Secretary;
3. Recommends to the President of the Philippines Support Staff.—In the performance of his duties as
the grant of any form of executive clemency to Chairman of the Board of Pardons and Parole, the Secretary
prisoners other than those entitled to parole. shall be assisted by a staff headed by the Executive Director
who is at the same time the Secretary of the Board. The
The Board of Pardons and Parole administers the Executive Director shall be appointed by the President
Parole system of the country. upon the recommendation of the Secretary. The Executive
Director shall receive a monthly salary of thirteen thousand
A. COMPOSITION OF THE BOARDS OF PARDON AND five hundred pesos.
PAROLE The Board Secretary shall prepare and keep the minutes of
all the board sessions in a book of records kept for the
Chairman - Secretary of the DOJ purpose, as well as all the resolutions and
Ex-Officio - Probation Administrator of the Parole recommendations of the Board on all actions involving
and Probation Administrator parole, pardons and executive clemency to the President;
Members: authenticate and/or attest all minutes, resolutions and
a. Sociologist recommendations of the Board; prepare and serve all
b. Clergyman/Educator notices of board meetings or sessions to the members of
c. Psychiatrist the Board; prepare an annual report of all resolutions and
3. Person qualified for the work by recommendations for parole or executive clemency and
training/experience and a member of the other reports that the Department may require. He shall
Philippine BAR. also perform such other functions as the Board may from
time to time assign to him.
B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE SECTION 20. Board Meetings.—The Board shall meet
OF 1987; [BOOK IV/TITLE III/CHAPTER 6-BOARD OF regularly every week, or as the Board may direct, or upon
PARDONS AND PAROLE] call by the Chairman/Secretary. The members shall act only
as a Board, and every decision of the majority shall be valid
CHAPTER 6 as an act of the Board provided, that the Board may direct a
Board of Pardons and Parole Board member to prepare and submit a report involving
any application for parole, pardon or any request for
SECTION 17. Board of Pardons and Parole.—The Board of executive clemency for appropriate action by the Board.
Pardons and Parole shall continue to discharge the powers SECTION 21. Board Rules and Regulations.—The Board is
and functions as provided in existing law and such hereby authorized to establish and prescribe, subject to the
additional functions as may be provided by law. approval of the Secretary, rules and regulations to govern
the proceedings of the Board.
SECTION 18. Board Composition.—The Board shall be SECTION 22. Indeterminate Sentence Law.—The provisions
composed of the Secretary as Chairman and six (6) of Act No. 4103, otherwise known as the Indeterminate
members consisting of: The Administrator of the Parole and Sentence Law, as amended, shall continue to apply except
Probation Administration as ex-officio member, a as otherwise amended, modified or repealed by this Code.

Crim.
be its Chairman, and four members to be appointed by the

President, with the consent of the Commission on
Appointments who shall hold office for a term of SIX
I. ACT NO. 4103 - AN ACT TO YEARS: Provided, That one member of the board shall be a
PROVIDE FOR AN trained SOCIOLOGIST, one a CLERGYMAN or EDUCATOR,
one PSYCHIATRIST unless a trained psychiatrist be
INDETERMINATE SENTENCE AND employed by the board, and the other members shall be
PAROLE FOR ALL PERSONS PERSONS QUALIFIED FOR SUCH WORK BY TRAINING AND
EXPERIENCE. At least one member of the board shall be a
CONVICTED OF CERTAIN CRIMES WOMAN. Of the members of the present board, two shall
be designated by the President to continue until December
BY THE COURTS OF THE thirty, nineteen hundred and sixty-six and the other two
PHILIPPINE ISLANDS; TO CREATE shall continue until December thirty, nineteen hundred and
sixty-nine. In case of any vacancy in the membership of the
A BOARD OF INDETERMINATE Board, a successor may be appointed to serve only for the
SENTENCE AND TO PROVIDE unexpired portion of the term of the respective members.
(As amended by Republic Act No. 4203, June 19, 1965.)
FUNDS THEREFOR; AND FOR
FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS
OTHER PURPOSES. AND PAROLE
SECTION 4. The Board of Pardons and Parole is authorized
SECTION 1. Hereafter, in imposing a prison sentence for an to adopt such rules and regulations as may be necessary for
offense punished by the Revised Penal Code, or its carrying out its functions and duties. The Board is
amendments, the court shall sentence the accused to an empowered to call upon any bureau, office, branch,
indeterminate sentence the maximum term of which shall subdivision, agency or instrumentality of the Government
be that which, in view of the attending circumstances, for such assistance as it may need in connection with the
could be properly imposed under the rules of the said Code, performance of its functions. A majority of all the members
and the minimum which shall be within the range of the shall constitute a quorum and a majority vote shall be
penalty next lower to that prescribed by the Code for the necessary to arrive at a decision. Any dissent from the
offense; and if the offense is punished by any other law, the majority opinion shall be reduced to writing and filed with
court shall sentence the accused to an indeterminate the records of the proceedings. Each member of the Board,
sentence, the maximum term of which shall not exceed the including the Chairman and the Executive Officer, shall be
maximum fixed by said law and the minimum shall not be entitled to receive as compensation fifty pesos for each
less than the minimum term prescribed by the same. (As meeting actually attended by him, notwithstanding the
amended by Act No. 4225.) provisions of Section two hundred and fifty-nine of the
Revised Administrative Code, and in addition thereto,
SECTION 2. This Act shall not apply to persons convicted of reimbursement of actual and necessary travelling expenses
offenses punished with death penalty or life-imprisonment; incurred in the performance of duties: Provided, however,
to those convicted of treason, conspiracy or proposal to That the Board meetings will not be more than three times
commit treason; to those convicted of misprision of a week. (As amended by Republic Act No. 4203, June 19,
treason, rebellion, sedition or espionage; to those 1965.)
convicted of piracy; to those who are habitual delinquents;
to those who have escaped from confinement or evaded SECTION 5. It shall be the duty of the Board of
sentence; to those who having been granted conditional Indeterminate Sentence to look into the physical, mental
pardon by the Chief Executive shall have violated the terms and moral record of the prisoners who shall be eligible to
thereof; to those whose maximum term of imprisonment parole and to determine the proper time of release of such
does not exceed one year, not to those already sentenced prisoners. Whenever any prisoner shall have served the
by final judgment at the time of approval of this Act, except minimum penalty imposed on him, and it shall appear to
as provided in Section 5 hereof. (As amended by Act No. the Board of Indeterminate Sentence, from the reports of
4225.) the prisoner’s work and conduct which may be received in
accordance with the rules and regulations prescribed, and
SECTION 3. There is hereby created a Board of Pardons and from the study and investigation made by the Board itself,
Parole to be composed of the Secretary of Justice who shall
Crim.
that such prisoner is fitted by his training for release, that violate any of the conditions of his parole, the Board of
there is a reasonable probability that such prisoner will live Indeterminate Sentence may issue an order for his re-arrest
and remain at liberty without violating the law, and that which may be served in any part of the Philippine Islands by
such release will not be incompatible with the welfare of any police officer. In such case the prisoner so re-arrested
society, said Board of Indeterminate Sentence may, in its shall serve the remaining unexpired portion of the
discretion, and in accordance with the rules and regulations maximum sentence for which he was originally committed
adopted hereunder, authorize the release of such prisoner to prison, unless the Board of Indeterminate Sentence
on parole, upon such terms and conditions as are herein shall, in its discretion, grant a new parole to the said
prescribed and as may be prescribed by the Board. The said prisoner. (As amended by Act No. 4225.)
Board of Indeterminate Sentence shall also examine the
records and status of prisoners who shall have been SECTION 9. Nothing in this Act shall be construed to impair
convicted of any offense other than those named in Section or interfere with the powers of the Governor-General as set
2 hereof, and have been sentenced for more than one year forth in Section 64(i) of the Revised Administrative Code or
by final judgment prior to the date on which this Act shall the Act of Congress approved August 29, 1916 entitled “An
take effect, and shall make recommendation in all such Act to declare the purpose of the people of the United
cases to the Governor-General with regard to the parole of States as to the future political status of the people of the
such prisoners as they shall deem qualified for parole as Philippine Islands, and to provide a more autonomous
herein provided, after they shall have served a period of government for those Islands.”
imprisonment not less than the minimum period for which
they might have been sentenced under this Act for the SECTION 10. Whenever any prisoner shall be released on
same offense. parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised
SECTION 6. Every prisoner released from confinement on Administrative Code.
parole by virtue of this Act shall, at such times and in such
manner as may be required by the conditions of his parole, Effective on December 5, 1933.
as may be designated by the said Board for such purpose,
report personally to such government officials or other INDETERMINATE SENTENCE LAW
parole officers hereafter appointed by the Board of
Indeterminate Sentence for a period of surveillance PRIMER- Instead of imposing a “straight” penalty, the
equivalent to the remaining portion of the maximum court must determine two penalties (maximum and
sentence imposed upon him or until final release and minimum)
discharge by the Board of Indeterminate Sentence as
herein provided. The officials so designated shall keep such I. PURPOSE: To uplift and redeem valuable human
records and make such reports and perform such other material, and prevent unnecessary and excessive
duties hereunder as may be required by said Board. The deprivation of liberty and economic usefulness.
limits of residence of such paroled prisoner during his Penalties shall not be standardized but fitted as far as is
parole may be fixed and from time to time changed by the possible to the individual, with due regard to the
said Board in its discretion. If during the period of imperative necessity of protecting the social order
surveillance such paroled prisoner shall show himself to be (People v. Ducosin, 59 Phil 109).
a law-abiding citizen and shall not violate any of the laws of II. COVERAGE
the Philippine Islands, the Board of Indeterminate Sentence A. GENERAL RULE: All persons convicted of certain crimes
may issue a final certificate of release in his favor, which under Philippine courts
shall entitle him to final release and discharge. B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons
1. Convicted of offense punishable with death
SECTION 7. The Board shall file with the court which passed penalty or life imprisonment
judgment on the case, and with the Chief of Constabulary, a 2. Whose maximum term of imprisonment (imposed)
certified copy of each order of conditional or final release does not exceed one year
and discharge issued in accordance with the provisions of 3. Convicted of treason, conspiracy or proposal to
the next preceding two sections. commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
SECTION 8. Whenever any prisoner released on parole by 5. Convicted of piracy
virtue of this Act shall, during the period of surveillance, 6. Who are habitual delinquents

Crim.
7. Who escaped confinement or evaded sentence or

violated the terms of a conditional pardon
J. IMPLEMENTING RULES AND
8. Persons already sentenced by final judgment at the REGULATION ON PAROLE AND
time this Act was approved (Dec. 5, 1933)
III. APPLICATION PARDON – Nov. 26, 2002
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX
(IMPOSABLE) Pursuant to the provisions of Section 4 of Act No. 4103,
1. Derive MAXIMUM term imposable by applying "The Indeterminate Sentence Law", as amended, the
rules for aggravating (AC) and ordinary mitigating following Rules and Regulations are hereby promulgated to
circumstances (MC) under Art. 64 and for complex govern the actions and proceedings of the Board of
crimes under Art. 48 Pardons and Parole:
a. No AC or MC: Penalty PRESCRIBED medium
period I. GENERAL PROVISIONS
b. 1 AC, no MC: Penalty PRESCRIBED maximum SEC. 1. Policy Objectives - Under the provisions of Act No.
period 4103, as amended, otherwise known as the "Indeterminate
c. No AC, 1 MC: Penalty PRESCRIBED minimum Sentence Law", which was approved on December 5, 1933,
period it is the function of the Board of Pardons and Parole to
d. Several ACs and MCs: OFFSET then apply rules uplift and redeem valuable human material to economic
to remainder usefulness and to prevent unnecessary and excessive
e. No AC, 2 or more MCs: Penalty NEXT LOWER deprivation of personal liberty by way of parole or through
IN DEGREE TO THAT PRESCRIBED executive clemency. Towards this end, the Board
f. If COMPLEX CRIME (2 or more grave or less undertakes the following:
grave felonies OR one offense is a necessary 1. Looks into the physical, mental and moral records
means for committing the other): Penalty for of prisoners who are eligible for parole or any form
the MOST SERIOUS CRIME maximum period of executive clemency and determines the proper
time of release of such prisoners on parole;
2. Derive MINIMUM term by getting the penalty one 2. Assists in the full rehabilitation of individuals on
degree lower than the penalty prescribed by the parole or those under conditional pardon with
RPC, without regard to its three periods. The court parole conditions, by way of parole supervision;
has discretion to fix as the minimum term any and,
period of imprisonment within that penalty next 3. Recommends to the President of the Philippines
lower to the penalty prescribed. the grant of any form of executive clemency to
prisoners other than those entitled to parole.
EXCEPTION: WHEN THERE IS A PRIVILEGED
MITIGATING CIRCUMSTANCE, do NOT follow the SEC. 2. Definition of Terms - As used in these Rules, unless
aforementioned rule. Consider the privileged the context indicates otherwise-
mitigating circumstance FIRST before any AC or MC e. "Board" refers to the Board of Pardons and Parole;
to get the PENALTY PRESCRIBED and then proceed f. "Executive Director" refers to the Executive
as required by the rule on deriving the minimum Director/Secretary of the Board;
term. Otherwise, the maximum of the ISL will end g. "Administration" refers to the Parole and
up being lower than the minimum of the ISL. Probation Administration;
a. "Administrator" refers to the Administrator of the
B. SPL: Min (at least that prescribed) to Max (not exceed Parole and Probation Administration;
prescribed) b. "Regional Director" refers to the Head of the
1. MAXIMUM TERM: Court may fix any as long as it Parole and Probation Administration in the region;
does not exceed the penalty prescribed by the c. "Probation and Parole Officer" refers to the
special law Probation and Parole Officer undertaking the
2. MINIMUM TERM: Court has discretion so long as it supervision of the client;
does not exceed the minimum prescribed by the d. "Director" refers to the Director of the Bureau of
special law Corrections;
e. "Penal Superintendent" refers to the Officer-In-
Charge of the New Bilibid Prison, the Correctional

Crim.
Institution for Women and the prison and penal r. "Client" refers to a parolee/pardonee who is placed
farms of the Bureau of Corrections; under supervision of a Probation and Parole
f. "Warden"refers to the Officer-In-Charge of the Officer;
Provincial, City, Municipal or District Jail; s. "Release Document" refers to the Conditional
g. "Carpeta" refers to the institutional record of an Pardon/Absolute Pardon issued by the President of
inmate which consists of his mittimus or the Philippines to a prisoner or to the "Discharge
commitment order issued by the Court after on Parole" issued by the Board;
conviction, the prosecutor's information and the t. "Parole Supervision" refers to the
decisions of the trial court and the appellate court, supervision/surveillance by a Probation and Parole
if any; certificate of non-appeal, certificate of Officer of a parolee/pardonee;
detention and other pertinent documents of the u. "Summary Report" refers to the final report
case; submitted by the Probation and Parole Officer on
h. "Prison Record" refers to information concerning his supervision of a parolee/pardonee as basis for
an inmate's personal circumstances, the offense he the latter's final release and discharge;
committed, the sentence imposed, the criminal v. "Progress Report" refers to the report submitted
case number in the trial and appellate courts, the by the Probation and Parole Officer on the conduct
date he commenced serving his sentence, the date of the parolee/pardonee while under supervision;
he was received for confinement, the place of w. "Infraction Report" refers to the report submitted
confinement, the date of expiration of the by the Probation and Parole Officer on violations
sentence, the number of previous convictions, if committed by a parolee/pardonee of the
any, and his behavior or conduct while in prison; conditions of his release on parole or conditional
i. "Parole" refers to the conditional release of an pardon while under supervision.
offender from a correctional institution after he
has served the minimum of his prison sentence; SEC. 3. National Prisoner Confined in a Local Jail - The
j. "Executive Clemency" refers to Reprieve, Absolute Board may not consider the release on pardon/parole of a
Pardon, Conditional Pardon with or without Parole national prisoner who is serving sentence in a municipal,
Conditions and Commutation of Sentence as may city, district or provincial jail unless the confinement in said
be granted by the President of the Philippines; jail is in good faith or due to circumstances beyond the
k. "Reprieve" refers to the deferment of the prisoner's control.
implementation of the sentence for an interval of A national prisoner, for purposes of these rules, is
time; it does not annul the sentence but merely one who is sentenced to a maximum term of imprisonment
postpones or suspends its execution; of more than three (3) years or to a fine of more than five
l. "Commutation of Sentence" refers to the thousand pesos (Php. 5,000); or regardless of the length of
reduction of the duration of a prison sentence of a sentence imposed by the court, to one sentenced for
prisoner; violation of the customs law or other laws within the
m. "Conditional Pardon" refers to the exemption of jurisdiction of the bureau of customs or enforceable by it,
an individual, within certain limits or conditions, or to one sentenced to serve two (2) or more prison
from the punishment which the law inflicts for the sentences in the aggregate exceeding the period of three
offense he had committed resulting in the partial (3) years.
extinction of his criminal liability;
n. "Absolute Pardon" refers to the total extinction of IS NATIONAL PRISONER CONFINED IN A LOCAL
the criminal liability of the individual to whom it is JAIL CAN BE RELEASE ON PARDON/PAROLE?
granted without any condition. It restores to the No, unless his confinement in said jail is in good
individual his civil and political rights and remits the faith or due to circumstances beyond the prisoner's
penalty imposed for the particular offense of which control.
he was convicted; WHO ARE NATIONAL PRISONERS UNDER THE
o. "Petitioner" refers to the prisoner who applies for RULES?
the grant of executive clemency or parole; The following are the National Prisoners:
p. "Parolee" refers to a prisoner who is released on
parole; 1. Those WHO IS SENTENCED TO A
q. "Pardonee" refers to a prisoner who is released on MAXIMUM TERM OF IMPRISONMENT
conditional pardon; OF MORE THAN THREE (3) YEARS or to a

Crim.
fine of more than five thousand pesos received for confinement, the grounds upon which
(Php. 5,000); executive clemency is being asked and certification from
2. Those who SENTENCED FOR VIOLATION the trial court that his case is not on appeal.
OF THE CUSTOMS LAW OR OTHER LAWS
WITHIN THE JURISDICTION OF THE In addition to the above-mentioned data, a petition for
BUREAU OF CUSTOMS or enforceable by absolute pardon shall be under oath and shall include the
it, regardless of the length of sentence date the petitioner was released from prison after service
imposed by the Court; and of sentence or released on parole/pardon or terminated
3. Those one sentenced to serve two (2) or from probation.
more prison sentences in the aggregate
exceeding the period of three (3) years. SEC. 7. Supporting Documents of Petition for Absolute
Pardon - The petition for absolute pardon shall be
accompanied by -
a. the affidavits of at least two (2) responsible
SEC. 4. Scope of Authority - The Board may consider the members of the community where the petitioner
case of a prisoner for executive clemency or parole only resides. The affidavits shall, among others, state
after his case has become final and executory. It will not that the petitioner has conducted himself in a
take action on the petition of a prisoner who has a pending moral and law-abiding manner since his release
criminal case in court or when his case is on appeal. from prison and shall indicate the petitioner's
occupation and his social activities including
In case the prisoner has one or more co-accused who had religious involvement;
been convicted, the Director/Warden concerned shall b. the clearances from the National Bureau of
forward their prison records and carpetas at the same time. Investigation, the Philippine National Police, the
Prosecutor's Office, the Municipal Circuit Trial
II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE Court, the Municipal Trial Court, the Municipal Trial
Court in Cities, the Metropolitan Trial Court and the
SEC. 5. Filing of Petition - A formal petition for executive Regional Trial Court where petitioner resides;
clemency addressed as follows shall be submitted to the c. proof of payment of indemnity and/or fine, or in
Board before the question of said clemency will be lieu thereof, certification from the City/Municipal
considered: Treasurer or Probation and Parole Officer on his
"The President of the Philippines financial condition; and,
Thru: The Chairman d. proof of service of sentence or certificate of Final
Board of Pardons and Parole Release and Discharge or court's Termination
DOJ Agencies Bldg., NIA Road cor. East Avenue Order of probation.
Diliman, Quezon City"
Petitions for parole shall be addressed to the Chairman or SEC. 8. Referral of Petition for Absolute Pardon to a
to the Executive Director of the Board. Probation and Parole Officer - Upon receipt of a petition
However, the Board may, motu proprio , consider cases for for absolute pardon, the Board shall refer the petition to a
parole, commutation of sentence or conditional pardon of Probation and Parole Officer who shall conduct an
deserving prisoners whenever the interest of justice will be investigation on the conduct and activities, as well as the
served thereby. social and economic conditions, of the petitioner prior to
his conviction and since his release from prison and submit
SEC. 6. Contents of Petition - A petition for a report thereof within fifteen (15) days from receipt of the
parole/executive clemency shall state the name of the referral.
prisoner, his age, previous criminal record, if any, whether a
Filipino citizen or an alien and, if a naturalized Filipino, his SEC. 9. Referral of Petition for Executive Clemency/Parole
former nationality and date of naturalization, his previous to Other Government Agencies - A petition for executive
occupation, place of residence, present crime for which he clemency shall be referred by the Board to the Secretary of
was convicted, the trial/appellate court, his penalty of National Defense for comment and recommendation if the
imprisonment, fine, indemnity and the commencing date crime committed by the petitioner is against national
thereof, the jail or prison to which he was committed security or public order or law of nations. In case of
and/or where he is presently confined, the date he was violation of election laws, rules and regulations, a petition

Crim.
for executive clemency/parole shall be referred to the original indeterminate sentence before his case
Commission on Elections for favorable recommendation, may be reviewed for conditional pardon.
provided, however, that regardless of the crime C. For Absolute Pardon, after he has served his
committed, a petition for executive clemency/parole may maximum sentence or granted final release and
be referred for a pre-parole/executive clemency discharge or court termination of probation.
investigation to a Probation and Parole Officer who shall However, the Board may consider a petition for
submit a report on the behaviour, character antecedents, absolute pardon even before the grant of final
mental and physical condition of the petitioner within thirty release and discharge under the provisions of
(30) days from receipt of referral, to include the results of Section 6 of Act No. 4103, as amended, as when
the National Bureau of Investigation records check. the petitioner: (1) is seeking an appointive/elective
In case of an alien, the petition shall be referred to the public position or reinstatement in the government
Department of Foreign Affairs for comment and service; (2) needs medical treatment abroad which
recommendation. is not available locally; (3) will take any
government examination; or (4) is emigrating.
III. EXECUTIVE CLEMENCY
SEC. 11. Prisoners not Eligible for Executive Clemency -
SEC. 10. Review of Cases for Executive Clemency - Petitions Prisoners who escaped or evaded service of sentence are
for executive clemency may be reviewed if the prisoners not eligible for executive clemency for a period of one (1)
meet the following minimum requirements : year from the date of their last recommitment to prison or
A. For Commutation of Sentence - conviction for evasion of service of sentence.
1. The prisoner shall have served at least
one-third (1/3) of the minimum of his SEC. 12. Transmittal of Carpeta and Prison Record - In
indeterminate and/or definite sentence or executive clemency/parole cases, the Director or Warden
the aggregate minimum of his concerned shall forward the prison record and carpeta of a
indeterminate and/or definite sentences. petitioner at least one (1) month prior to the eligibility for
2. At least ten (10) years for prisoners review as specified in Sections 10 and 13 of these Rules.
sentenced to reclusion perpetua or life The Director or Warden concerned shall also furnish the
imprisonment for crimes or offenses Board and the Administration on or before the fifth day of
committed before January 1, 1994. every month, a list of prisoners whose minimum sentences
3. At least twelve (12) years for prisoners will expire within ninety (90) days and those who may be
whose sentences were adjusted to a considered for executive clemency.
definite prison term of forty (40) years in
accordance with the provisions of article IV. PAROLE
70 of the revised penal code, as amended. SEC. 13. Review of Cases for Parole - Unless otherwise
4. At least fifteen (15) years for prisoners disqualified under Section l5 of these Rules, a case for
convicted of heinous crimes as defined in parole of a prisoner shall be reviewed upon a showing that
republic act no. 7659 and other special he is confined in prison or jail to serve an indeterminate
laws committed on or after January 1, sentence, the maximum period of which exceeds one (1)
1994 and sentenced to one or more year, pursuant to a final judgment of conviction and that he
reclusion perpetua or life imprisonment has served the minimum period of said sentence.
5. At least twenty (20) years in case of one
(1) or more death penalty/penalties, which SEC. 14. Grant of Parole - A prisoner may be granted parole
was/were automatically reduced or whenever the Board finds that there is a reasonable
commuted to one (1) or more reclusion probability that if released, he will be law-abiding and that
perpetua or life imprisonment; his release will not be incompatible with the interest and
B. For Conditional Pardon, the prisoner shall have welfare of society.
served at least one-half (1/2) of the minimum of his
original indeterminate and/or definite sentence. SEC. 15. Disqualification for Parole - The following prisoners
However, in the case of a prisoner who is shall not be granted parole:
convicted of a heinous crime as defined in Republic a. Those convicted of an offense punished with Death
Act No. 7659 and other special laws, he shall have penalty, Reclusion Perpetua or Life imprisonment;
served at least one-half (1/2) of the maximum of his b. Those convicted of treason, conspiracy or proposal

Crim.
to commit treason or espionage;

c. Those convicted of misprision of treason, rebellion, SEC. 18. Publication of those Eligible for Executive
sedition or coup d'etat; Clemency/Parole - The Board shall cause the publication in a
d. Those convicted of piracy or mutiny on the high newspaper of general circulation the names of prisoners
seas or Philippine waters; convicted of heinous crimes or those sentenced by final
e. Those who are habitual delinquents i.e. those who, judgment to Reclusion Perpetua or Life imprisonment, who
within a period of ten (10) years from the date of may be considered for release on parole or for
release from prison or last conviction of the crimes recommendation for absolute or conditional pardon.
of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of SEC. 19. Objections to Petitions - When an objection is filed,
any of said crimes a third time or oftener; the Board may consider the same by requesting the person
f. Those who escaped from confinement or evaded objecting to attach thereto evidence in support thereof. In
sentence; no case, however, shall an objection disqualify from
g. Those who were granted Conditional Pardon and executive clemency/parole the prisoner against whom the
violated any of the terms thereof; objection is filed.
h. Those whose maximum term of imprisonment
does not exceed one (1) year or those with definite SEC. 20. Documents to be Considered - The carpeta and
sentence; prison record of the prisoner and other relevant
i. Those suffering from any mental disorder as documents, such as the mittimus or commitment order,
certified by a government prosecutor's information and trial/appellate court's
psychiatrist/psychologist; decision of the case of the prisoner shall be considered by
j. Those whose conviction is on appeal; the Board in deciding whether or not to recommend
k. Those who have pending criminal case/s. executive clemency or to grant parole.
In case the prisoner has one or more co-accused who had
SEC. 16. Deferment of Parole When Safety of been convicted, the Board shall consider at the same time
Prisoner/Victim/Relatives of Victim/Witness Compromised the prison records and carpetas of said co-accused.
- If, based on the Pre-Parole Investigation Report
conducted on the prisoner, there is a clear and convincing SEC. 21. Factors to be Considered in Petition for
evidence that his release on parole will endanger his own Conditional Pardon, Commutation of Sentence or Parole -
life and those of his relatives or the life, safety and well- The following factors may be considered by the Board in
being of the victim, his relatives, his witnesses and the the grant of conditional pardon, commutation of sentence
community, the release of the prisoner shall be deferred or parole:
until the danger ceases. a. the age of the petitioner, the gravity of the offense
and the manner in which it was committed, and
V. PROCEEDINGS OF THE BOARD the institutional behavior or conduct and previous
criminal record, if any;
SEC. 17. Interview of Prisoners - Any Board member or b. evidence that petitioner will be legitimately
government official authorized by the Board may interview employed upon release;
prisoners confined in prison or jail to determine whether or c. a showing that the petitioner has a place where he
not they may be released on parole or recommended for will reside;
executive clemency. d. availability of after-care services for the petitioner
The Board or its authorized representatives shall interview who is old, seriously ill or suffering from a physical
an inmate who was sentenced to Reclusion Perpetua or disability;
Life imprisonment, or whose sentence had been commuted e. attitude towards the offense and the degree of
from Death to Reclusion Perpetua. remorse; and,
Before an interview, the Board may require a prisoner f. the risk to other persons, including the victim, his
convicted of a heinous crime as defined under Republic Act witnesses, his family and friends, or the community
No. 7659 and other special laws to undergo in general, the possibility of retaliation by the
psychological/psychiatric examination if the prisoner has a victim, his family and friends.
history of mental instability, or in any case, if the Board
finds a need for such examination in the light of the nature SEC. 22. Special Factors - The Board may give special
of the offense committed or manner of its commission. consideration to the recommendation for commutation of

Crim.
sentence or conditional pardon whenever any of the 10. rehabilitative efforts/progress, and
following circumstances are present: 11. conduct during incarceration.
a. youthful offenders;
b. prisoners who are sixty (60) years old and above; SEC. 23. Meetings - The Board shall meet in executive
c. physical disability such as when the prisoner is session regularly or upon the call of the Chairman.
bedridden, a deaf mute, a leper, a cripple or is blind
or similar disabilities; SEC. 24. Quorum - A majority of all the members of the
d. serious illness and other life-threatening disease as Board shall constitute a quorum.
certified by a government physician;
e. those prisoners recommended for the grant of SEC. 25. Board Action - A majority of the members of the
executive clemency by the trial/appellate court as Board, constituting a quorum, shall be necessary to
stated in the decision; recommend the grant of executive clemency or to grant
f. alien prisoners where diplomatic considerations parole; to modify any of the terms and conditions
and amity between nations necessitate review; appearing in a Release Document; to order the arrest and
g. circumstances which show that his continued recommitment of a parolee/pardonee; and to issue
imprisonment will be inhuman or will pose a grave certificate of Final Release and Discharge to a
danger to the life of the prisoner or his co-inmates; parolee/pardonee.
and, The minutes of the meeting of the Board shall show the
h. such other similar or analogous circumstances votes of its individual members and the reason or reasons
whenever the interest of justice will be served for voting against any matter presented for the approval of
thereby. the Board. Any dissent from the majority opinion to grant
or deny parole shall be reduced in writing and shall form
part of the records of the proceedings.
FACTORS THAT THE PAROLE BOARD CONSIDERS FOR
ELIGIBILITY SEC. 26. Executive Clemency/Parole of An Alien - The Board
A common misconception is that just because a convict may recommend the grant of executive clemency or grant
is eligible for parole, he will be automatically released and parole to a prisoner who is an alien. In such a case, the alien
paroled into the community. Equally, just because the who is released on parole or pardon shall be referred to the
convict has served enough of his jail term does not mean he Bureau of Immigration for disposition, documentation and
will be released without review. Neither are accurate. The appropriate action.
fact of the matter is that some inmates (e.g., Charles
Manson) are never found suitable for parole and will serve VI. PAROLE SUPERVISION
the rest of their term inside the prison walls.
Public safety and assisting the offender in SEC. 27. Parole Supervision - After release from
reintegrating into the community are the most important confinement, a client shall be placed under the supervision
considerations in any parole decision. Is the inmate willing of a Probation and Parole Officer so that the former may be
and ready to re-enter the community as a law-abiding guided and assisted towards rehabilitation.
citizen and contribute to a safer society? Can the inmate’s The period of parole supervision shall extend up to the
release back into society harm the general public? All expiration of the maximum sentence which should appear
relevant information is considered. in the Release Document, subject to the provisions of
The parole board in its decision-making process will Section 6 of Act No. 4103 with respect to the early grant of
consider the following information and criteria about the Final Release and Discharge.
inmate:
1. age, SEC. 28. Form of Release Document - The form of the
2. mental stability, Release Document shall be prescribed by the Board and
3. marital status, shall contain the latest l"x1" photograph and right
4. education or vocational training, thumbprint of the prisoner.
5. remorse for the offense,
6. time served on the current offense, SEC. 29. Transmittal of Release Document - The Board shall
7. prior criminal history, send a copy of the Release Document to the prisoner
8. type and severity of offense, named therein through the Director of Corrections or
9. behavior, habits, traits, Warden of the jail where he is confined who shall send a

Crim.
certification of the actual date of release of prisoner to the chairman or any authorized officer or any immediate
Probation and Parole Officer. relative where the client resided, shall suffice.
SEC. 30. Initial Report - Within the period prescribed in his VII. INFRACTION/VIOLATION OF THE TERMS AND
Release Document, the prisoner shall present himself to the CONDITIONS OF THE RELEASE DOCUMENT
Probation and Parole Officer specified in the Release
Document for supervision. SEC. 38. Progress Report - When a parolee/pardonee
If within forty five (45) days from the date of release from commits another offense during the period of his parole
prison or jail, the parolee/pardonee concerned still fails to surveillance, and the case filed against him has not yet been
report, the Probation and Parole Officer shall inform the decided by the court, a Progress Report should be
Board of such failure, for appropriate action. submitted by the Probation and Parole Officer to the Board.
SEC. 31. Arrival Report - The Probation and Parole Officer SEC. 39. Report of Parole Infraction/Violation - Any
concerned shall inform the Board thru the Technical violation of the terms and conditions appearing in his
Service, Parole and Probation Administration the date the Release Document or any serious deviation or non-
client reported for supervision not later than fifteen (15) observance of the obligations set forth in the parole
working days therefrom. supervision program shall be immediately reported by his
Probation and Parole Officer to the Board. The report shall
SEC. 32. Mandatory Conditions of Supervision - It shall be be called Infraction Report when the client has been
mandatory for a client to comply with the terms and subsequently convicted of another crime.
conditions appearing in the release document.
SEC. 40. Arrest of Client - Upon receipt of an Infraction
SEC. 33. Review and Modification of Conditions - The Board Report, the Board may order the arrest or recommitment
may, upon the recommendation of the Probation and of the client.
Parole Officer, revise or modify the terms and conditions
appearing in the Release Document. SEC. 41. Effect of Recommitment of Client - The client who
is recommitted to prison by the Board shall be made to
SEC. 34. Transfer of Residence - A client may not transfer serve the remaining unexpired portion of the maximum
from the place of residence designated in his Release sentence for which he was originally committed to prison.
Document without the prior written approval of the
Regional Director subject to the confirmation by the Board. SEC. 42. Cancellation of Pardon/Parole - The Board may
recommend the cancellation of the pardon or cancel the
SEC. 35. Outside Travel - A Chief Probation and Parole grant of parole of a client if it finds that material
Officer may authorize a client to travel outside his area of information given by said client to the Board, either before
operational jurisdiction for a period of not more than thirty or after release, was false, or incomplete or that the client
(30) days. A travel for more than 30 days shall be approved had willfully or maliciously concealed material information
by the Regional Director. from the Board.
SEC. 36. Travel Abroad and/or Work Abroad - Any parolee SEC. 43. Review of Case of Recommitted Parolee - The
or pardonee under active supervision/surveillance who has Board may consider the case of a recommitted parolee for
no pending criminal case in any court may apply for the grant of a new parole after the latter shall have served
overseas work or travel abroad. However, such application one-fourth (1/4) of the unserved portion of his maximum
for travel abroad shall be approved by the Administrator sentence.
and confirmed by the Board.
VIII. TERMINATION OF PAROLE AND CONDITIONAL
SEC. 37. Death of Client - If a client dies during supervision, PARDON SUPERVISION
the Probation and Parole Officer shall immediately transmit
a certified true copy of the client's death certificate to the SEC. 44. Certificate of Final Release and Discharge - After
Board recommending the closing of the case. However, in the expiration of the maximum sentence of a client, the
the absence of a death certificate, an affidavit narrating the Board shall, upon the recommendation of the Chief
circumstances of the fact of death from the barangay Probation and Parole Officer that the client has
substantially complied with all the conditions of his

Crim.
parole/pardon, issue a certificate of Final Release and

Discharge to a parolee or pardonee. However, even before
the expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer,
the Board may issue a certificate of Final Release and
Discharge to a parolee/pardonee pursuant to the provisions
of Section 6 of Act No. 4103, as amended.
The clearances from the police, court, prosecutor's office
and barangay officials shall be attached to the Summary
Report.
Sec. 45. Effect of Certificate of Final Release and Discharge

- Upon the issuance of a certificate of Final Release and
Discharge, the parolee/pardonee shall be finally released
and discharged from the conditions appearing in his release
document. However, the accessory penalties of the law
which have not been expressly remitted therein shall
subsist.
SEC. 46. Transmittal of Certificate of Final Release and

Discharge - The Board shall forward a certified true copy of
the certificate of Final Release and Discharge to the Court
which sentenced the released client, the Probation and
Parole Officer who has supervision over him, the client, the
Bureau of Corrections, the National Bureau of
Investigation, the Philippine National Police and the Office
of the President.
IX. REPEALING AND EFFECTIVITY CLAUSES
SEC. 47. Repealing Clause - All existing rules, regulations

and resolutions of the Board which are inconsistent with
these Rules are hereby repealed or amended accordingly.
SEC. 48. Effectivity Clause - These Rules shall take effect

upon approval by the Secretary of Justice and fifteen (l5)
days after its publication in a newspaper of general
circulation.
CHAPTER IX
EXECUTIVE CLEMENCY
CHAPTER’S CONTENTS 5. Commutation of Sentence
1. Executive Clemency SPECIFIC OBJECTIVE

2. Pardon At the end of this chapter the students should be able to:
3. Amnesty 1. define and understand the nature of Executive
4. Reprieved

Crim.
Clemency; No pardon, amnesty, parole, or suspension of

2. define and understand the concept of the sentence for violation of election rules, and
following executive clemencies: regulations shall be granted by the President
a. pardon ; without a favorable recommendation of the
b. amnesty ; Commission.
c. reprieved; and
d. commutation of sentence; WHO WILL GRANT EXECUTIVE CLEMECY?
3. identify the limitations of the pardoning power of It is exercise by the President.
the president; Upon the recommendation of the Board of Pardons
4. differentiates pardon to amnesty; and Parole, s/he can grant pardons, commute sentences, or
5. discuss how executive clemencies are granted. defer the implementation of sentences.
EXECUTIVE CLEMENCY BASICS

1. It is discretionary;
2. It may not be controlled by the legislature or
reversed by the courts unless there is violation of
the Constitution; and
EXECUTIVE CLEMENCY 3. Executive Clemency must often be requested by
application or petition before it is granted. In most
jurisdictions, these applications first must be filed
with a reviewing agency such as the state board of
WHAT IS EXECUTIVE CLEMENCY? pardon and parole before being seen by the
It shall refer to Absolute Pardon, Conditional Pardon appropriate government head.
with or without Parole conditions and Commutation of
Sentence as may be granted by the President of the WHY IT IS EXTENDED
Philippines upon the recommendation of the Board of In general, Executive Clemency is often extended for
Pardon and Parole. humanitarian reasons, such as to an aged and ill inmate
It is an act of mercy or leniency from certain who needs specialized medical care. Inmates who suffer
consequences of a criminal conviction, and is exercised by from serious, contagious, or life threatening illness or
the President after receipt of a recommendation from the disease and those prisoners with severe disability can now
BPP. be recommended for executive clemency.
Executive Clemency under the criminal justice system is The condition of the inmate should be certified “under
the act by an executive member of government of oath” by a physician of the Bureau of Corrections Hospital
extending mercy to a convicted individual. In the United and likewise certified under oath by a physician designated
States, clemency is granted by a governor for state crimes by the Department of Health (DOH
and by a president for federal crimes. Clemency can take It is also extended in the following instances:
one of four forms: a reprieve, a commutation of sentence, a 3. When there is real doubt about the guilt of the
pardon and amnesty. party.
4. When the sentence given is Apparently excessive
CONSTITUTIONAL BASIS: 5. When the party is a political or personal friend of
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION the President.
Except in cases of impeachment, or as 6. To clear the record of some who has demonstrated
otherwise provided in this Constitution, the rehabilitation or public service.
President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after FACTORS TO BE CONSIDERED IN PETITION FOR
conviction by final judgment. CONDITIONAL PARDON, COMMUTATION OF SENTENCE OR
He shall also have the power to grant amnesty PAROLE - The following factors may be considered by the
with the concurrence of a majority of all the Board in the grant of conditional pardon, commutation of
Members of the Congress. sentence or parole:
a. the age of the petitioner, the gravity of the offense
2. Section 5, Article IX (Constitutional Commissions- and the manner in which it was committed, and
The Commission on Elections)

Crim.
the institutional behavior or conduct and previous However, the Board may, motu proprio , consider cases
criminal record, if any; for parole, commutation of sentence or conditional pardon
b. evidence that petitioner will be legitimately of deserving prisoners whenever the interest of justice will
employed upon release; be served thereby.
c. a showing that the petitioner has a place where he
will reside; CONTENTS OF PETITION
d. availability of after-care services for the petitioner 1. Name of the prisoner
who is old, seriously ill or suffering from a physical 2. Age
disability; 3. Previous criminal record
e. attitude towards the offense and the degree of 4. Whether a Filipino citizen or an alien and, if a
remorse; and, naturalized Filipino, his former nationality and date
f. the risk to other persons, including the victim, his of naturalization,
witnesses, his family and friends, or the community 5. Previous occupation
in general, the possibility of retaliation by the 6. Place of residence
victim, his family and friends. 7. Present crime for which he was convicted,
8. Trial/Appellate court,
SPECIAL CONSIDERATION TO THE RECOMMENDATION 9. His penalty of imprisonment, fine, indemnity and
FOR COMMUTATION OF SENTENCE OR CONDITIONAL the commencing date thereof
PARDON 10. Jail or prison to which he was committed and/or
1. youthful offenders; where he is presently confined
2. prisoners who are sixty (60) years old and above; 11. Date he was received for confinement
3. physical disability such as when the prisoner is 12. Grounds upon which executive clemency is being
bedridden, a deaf mute, a leper, a cripple or is blind asked and certification from the trial court that his
or similar disabilities; case is not on appeal.
4. serious illness and other life-threatening disease as NOTA BENE: A petition for absolute pardon shall be
certified by a government physician; under oath and shall include the date the petitioner
5. those prisoners recommended for the grant of was released from prison after service of sentence or
executive clemency by the trial/appellate court as released on parole/pardon or terminated from
stated in the decision; probation.
6. alien prisoners where diplomatic considerations
and amity between nations necessitate review; REFERRAL OF PETITION FOR EXECUTIVE
7. circumstances which show that his continued CLEMENCY/PAROLE TO OTHER GOVERNMENT AGENCIES
imprisonment will be inhuman or will pose a grave a. Secretary of National Defense - If the crime
danger to the life of the prisoner or his co-inmates; committed by the petitioner is against national
and, security or public order or law of nations.
8. such other similar or analogous circumstances b. Commission on Elections - In case of violation of
whenever the interest of justice will be served election laws, rules and regulations.
thereby. c. Department of Foreign Affairs - In case of an alien.
FILING OF PETITION PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY

A formal petition for executive clemency addressed as Prisoners who escaped or evaded service of sentence
follows shall be submitted to the Board before the question are not eligible for executive clemency for a period of one
of said clemency will be considered: (1) year from the date of their last recommitment to prison
"The President of the Philippines or conviction for evasion of service of sentence.
Thru: The Chairman
Board of Pardons and Parole TRANSMITTAL OF CARPETA AND PRISON RECORD
DOJ Agencies Bldg., NIA Road cor. East Avenue In executive clemency/parole cases, the Director or
Diliman, Quezon City" Warden concerned shall forward the prison record and
carpeta of a petitioner at least one (1) month prior to the
Petitions for parole shall be addressed to the Chairman eligibility for review as specified in Sections 10 and 13 of
or to the Executive Director of the Board. these Rules.

Crim.
The Director or Warden concerned shall also furnish

the Board and the Administration on or before the fifth day SECTION 4. OTHER CIRCUMSTANCES
of every month, a list of prisoners whose minimum When none of the extraordinary circumstances exist,
sentences will expire within ninety (90) days and those who the Board may nonetheless review and/or recommend to
may be considered for executive clemency. the President the grant of executive clemency to a prisoner
upon any of the following grounds:
EXCERPTS FROM THE AMENDED GUIDELINES FOR 1. When he is suffering from severe physical disability
RECOMMENDING EXECUTIVE CLEMENCY, REVISED as when he is a deaf-mute, a leper, a cripple, or is
MANUAL, BOARD OF PARDONS AND PAROLE (2006) partially blind, etc., as recommended by a physician
of the Bureau of Corrections Hospital and certified
SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE by a physician designated by the Department of
CLEMENCY Health or designated by the Malacañang Clinic
The Board [of Pardons and Parole] may consider cases Director;
for executive clemency upon petition, or referral by the 3. When he is suffering from serious illness as
Office of the President, or motu proprio. recommended by a physician of the Bureau of
Corrections Hospital and certified by a physician
SECTION 3. EXTRAORDINARY CIRCUMSTANCES designated by the Department of Health or
The Board shall recommend to the President the grant of designated by the Malacañang Clinic Director;
executive clemency when the following extraordinary 4. Such other circumstances whenever the interest of
circumstances are present such that a strict application of justice will be served thereby.
the law will result in manifest injustice: Provided, that a petition for executive clemency under
1. The trial court or appellate court in its decision this section may be reviewed only if the petitioner meets
recommended the grant of executive clemency for the following minimum requirements:
the prisoner;
2. Under the peculiar circumstances of the case, the SECTION 5. EXCEPTIONS
penalty imposed is too harsh compared to the Even with the existence of any of the circumstances
crime committed; enumerated in Sections 3 and 4, the Board shall not
3. Evidence which the court failed to consider, before favorably recommend petitions for executive clemency of
conviction, which would have justified an acquittal the following prisoners:
of the accused; 1. Those convicted of Evasion of Service of Sentence;
4. Prisoners who were over nine (9) years old but 2. Those who violated the conditions of their
under eighteen (18) years of age at the time of the Conditional Pardon;
commission of the offense; 3. Those who are habitual delinquents or recidivists;
5. Prisoners who are (70) years old and above who 4. Those convicted of Kidnapping for Ransom;
have served at least five (5) years of their sentence 5. Those convicted of violation of Republic Act No.
or those whose continued imprisonment is inimical 6425, as amended, otherwise known as "The
to their health as recommended by a physician Dangerous Drugs Act of 1972", or Republic Act
designated by the Department of Health or 9165, also known as the Dangerous Durgs act of
designated by the Malacañang Clinic Director; 2002", and other drug related offenses except
6. Prisoners who suffer from serious and life- those convicted only of use and/or possession of
threatening illness/disease or severe physical prohibited or regulated drugs;
disability such as those who are totally blind, 6. Those convicted of offenses committed under the
paralyzed, bedridden, etc., as recommended by a influence of drugs;
physician of the Bureau of Corrections Hospital and 7. Those whose release from prison would pose a
certified by a physician designated by the threat to the public safety or would constitute a
Department of Health or designated by the danger to society; and
Malacañang Clinic Director; 8. Those suffering from dementia or insanity.
7. Alien prisoners where diplomatic considerations Above notwithstanding, in view of diplomatic
and amity among nations necessitate review; considerations and upon recommendation of the
8. Such other similar or analogous circumstances Department of Foreign Affairs, the grant of executive
whenever the interest of justice will be served clemency may be availed by a foreign prisoner or alien
thereby. serving a prison sentence in the Philippines, as an

Crim.
opportunity for securing the release of Filipino 9. It is a deed, to the validity of which delivery is
convicts, if any in the country of the convicted essential, and delivery is not complete without
foreigner or alien. acceptance.
10. Neither the legislative nor the judiciary branch of
the government has the power to set conditions or
establish procedures for the exercise of this
PARDON Presidential prerogative.
TWO TYPES OF PARDON

WHAT IS PARDON? 1. Absolute Pardon-It refers to the total extinction of
It is a form of executive clemency granted by the the criminal liability of the individual to whom it is
President of the Philippines as a privilege to a convict as a granted without any condition whatsoever and
discretionary act of grace. restores to the individual his civil rights and remits
A pardon is the remission of a penalty. It is an act of the penalty imposed for the particular offense of
grace or forgiveness that relieves the person pardoned which he was convicted.
from some or all of the ramifications of lawful punishment.
A pardon may be conditional or unconditional. Pardons do PURPOSE:
not erase or seal a conviction; a pardon forgives guilt. It 1. To right a wrong
vested to the Chief Executive (The President) as a matter of 2. To normalize a tumultuous political situation.
power.
Pardon is “an act of grace, proceeding from the power Absolute Pardon is also granted by a President
entrusted with the execution of the laws, which exempts to an imprisoned president the incumbent has
the individual, on whom it is bestowed, from the deposed.
punishment the law inflicts for a crime he has committed. It Absolute Pardon is granted in order to restore
is the private, though official act of the executive full political and civil rights to convicted persons
magistrate, delivered to the individual for whose benefit it who have already served their sentenced and have
is intended, and not communicated officially to the Court. A reached the prescribed period for the grant of
pardon is a deed, to the validity of which delivery is Absolute Pardon.
essential, and delivery is not complete without
acceptance.” 2. Conditional Pardon-It refers to the exemption of
Neither the legislative nor the judiciary branch of the an individual, within certain limits or conditions;
government has the power to set conditions or establish from the punishment that the law inflicts for the
procedures for the exercise of this Presidential prerogative. offenses he has committed resulting in the partial
When a pardon is granted, the convicted offender is extinction of his criminal liability. It is also granted
forgiven the crime and its penalty. A head of state or by the President of the Philippines to release an
government generally grants it when the convicted inmate who has been reformed but is not eligible
individual has fulfilled his or her debt to society or is to be released on parole.
somehow otherwise worthy of being forgiven the crime. A
pardon does not erase the conviction, but it can in some PARDON DOES NOT EXTINGUISH CIVIL LIABILITIES &
jurisdictions remove some of the disqualifications caused IT IS PROSPECTIVE
by it.
MONSANTO VS. FACTORAN
ABOUT PARDON G.R. NO. 78239 FEBRUARY 9, 1989
1. It is the remission of a penalty.
2. It is an act of grace.
FACTS:
3. It is may be conditional or unconditional.
Monsanto was the Asst Treasurer of Calbayug
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its City. She was charged for the crime of Estafa through
penalty. Falsification of Public Documents. She was found
6. It is vested to the Chief Executive. guilty and was sentenced to jail. She was however
7. It is the private act but official act of the president. granted pardon by Marcos. She then wrote a letter to
8. It is not communicated officially to the Court. the Minister of Finance for her to be reinstated to her

Crim.
former position since it was still vacant. She was also Santos should be excluded from the list of electors in
requesting for back pays. The Minister of Finance Malabon because he was already convicted of final
referred the issue to the Office of the President and judgment “for any crime against property”. This is pursuant
Factoran denied Monsanto’s request averring that to CA 357 of the New Election Code. The lower court
presided by Labrador ruled that Santos is exempt from the
Monsanto must first seek appointment and that the
provision of the law by virtue of the pardon restoring the
pardon does not reinstate her former position. Also, respondent to his “full civil and political rights, except that
Monsanto avers that by reason of the pardon, she with respect to the right to hold public office or
should no longer be compelled to answer for the civil employment, he will be eligible for appointment only to
liabilities brought about by her acts. positions which are clerical or manual in nature and
involving no money or property responsibility.”
ISSUE:
Whether or not Monsanto should be ISSUE:
reinstated to her former post. Whether or not Santos should not be excluded as
an elector.
HELD:
HELD:
A pardon looks to the future. It is not
It should be observed that there are two
retrospective. It makes no amends for the past. It limitations upon the exercise of this constitutional
affords no relief for what has been suffered by the prerogative by the Chief Executive, namely: (a) that the
offender. It does not impose upon the government power be exercised after conviction; and (b) that such
any obligation to make reparation for what has been power does not extend cases of impeachment. Subject to
suffered. “Since the offense has been established by the limitations imposed by the Constitution, the pardoning
judicial proceedings, that which has been done or power cannot be restricted or controlled by legislative
suffered while they were in force is presumed to have action. It must remain where the sovereign authority has
been rightfully done and justly suffered, and no placed it and must be exercised by the highest authority to
whom it is entrusted. An absolute pardon not only blots out
satisfaction for it can be required.” This would explain
the crime committed, but removes all disabilities resulting
why petitioner, though pardoned, cannot be entitled
from the conviction. In the present case, the disability is the
to receive backpay for lost earnings and benefits. On result of conviction without which there would be no basis
the other hand, civil liability arising from crime is for disqualification from voting. Imprisonment is not the
governed by the RPC. It subsists notwithstanding only punishment which the law imposes upon those who
service of sentence, or for any reason the sentence is violate its command. There are accessory and resultant
not served by pardon, amnesty or commutation of disabilities, and the pardoning power likewise extends to
sentence. Petitioner’s civil liability may only be such disabilities. When granted after the term of
extinguished by the same causes recognized in the imprisonment has expired, absolute pardon removes all
Civil Code, namely: payment, loss of the thing due, that is left of the consequences f conviction. In the present
case, while the pardon extended to respondent Santos is
remission of the debt, merger of the rights of creditor
conditional in the sense that “he will be eligible for
and debtor, compensation and novation. appointment only to positions which a e clerical or manual
in nature involving no money or property responsibility,” it
is absolute insofar as it “restores the respondent to full civil
PARDON – RESTORATION OF CIVIL & POLITICAL RIGHTS and political rights. Upon other hand, the suggestion that
the disqualification imposed in par (b) of sec 94 of CA 357,
CRISTOBAL VS. LABRADOR does not fall within the purview of the pardoning power of
G.R. No. L-47941, December 7, 1940 the president, would lead to the impairment of the
pardoning power of the president, not contemplated in the
FACTS: Constitution, and would lead furthermore to the result that
Santos was convicted of the crime of estafa. He there would be no way of restoring the political privilege in
was given pardon by the president but even prior to his a case of this nature except through legislative action.
pardon he was already holding the position as the
municipality president of Malabon notwithstanding his LIMITATIONS OF THE PARDONING POWER OF THE
conviction. Cristobal, on the other hand, averred that PRESIDENT

Crim.
The following are the limitations of the pardoning A pardon looks to the future. It is not retrospective. It
power of the President: makes no amends for the past. It affords no relief for what
a. It may not be exercised for offenses in has been suffered by the offender. It does not impose upon
impeachment cases; the government any obligation to make reparation for
b. It may be exercised only after conviction by final what has been suffered. “Since the offense has been
judgment except amnesty; established by judicial proceedings, that which has been
c. It may not be exercised over legislative or civil done or suffered while they were in force is presumed to
contempt (as for refusing to answer a proper have been rightfully done and justly suffered, and no
question as a witness in a case); satisfaction for it can be required.”
d. In case of violation of election law or rules and
regulations without favorable recommendations of WHAT IS THE CONSTITUTIONAL BASIS OF PARDON?
the COMELEC; The power to pardon, which is a form of executive
e. It cannot be exercised to violation of tax laws. clemency, is given to the President under Section 19, Article
f. It cannot absolve convict of civil liability VII of the Constitution. It reads: Except in cases
g. It cannot restore public offices forfeited. of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves,
NOTA BENE: The limitations provided under the commutations, and pardons, and remit fines and forfeitures,
Constitution are: (1) No pardon may be granted after conviction by final judgment.
in impeachment cases; (2) No pardon may be granted when He shall also have the power to grant amnesty with the
otherwise provided under the Constitution, specifically Sec. concurrence of a majority of all the members of the
5, Article IX-C, which provides that “No pardon, amnesty, Congress.
parole or suspension of sentence for violation of elections
laws, rules, and regulations shall be granted by the HOW IS PARDON DIFFERENT FROM PROBATION?
President without the favorable recommendation of the Probation and pardon are not the same. Probation is “a
[COMELEC]“; and (3) It may only be granted “after disposition under which a defendant, after conviction and
conviction by final judgment”. sentence, is released subject to conditions imposed by the
court and to the supervision of a probation officer.”
WHAT IS THE EFFECT OF PARDON? Probation is a part of the judicial power, while pardon is a
While a pardon has generally been regarded as blotting part of the executive power. The suspension of the
out the existence of guilt so that in the eye of the law the sentence under probation simply postpones the judgment
offender is as innocent as though he never committed the of the court temporarily or indefinitely, but the conviction
offense, it does not operate for all purposes. The very and liability following it, and the civil disabilities, remain and
essence of a pardon is forgiveness or remission of guilt. become operative when judgment is rendered.
Pardon implies guilt. It does not erase the fact of the
commission of the crime and the conviction thereof. It does PARDON – APPLICABLE TO ADMINISTRATIVE CASES
not wash out the moral stain. It involves forgiveness and
not forgetfulness. LLAMAS VS. ORBOS
The better considered cases regard full pardon (at least G.R. NO. 99031, OCTOBER 15, 1991
one not based on the offender’s innocence) as relieving the
party from all the punitive consequences of his criminal act, FACTS:
including the disqualifications or disabilities based on the
Rodolfo Llamas is the incumbent Vice-
finding of guilt. But it relieves him from nothing more. “To
say, however, that the offender is a “new man”, and “as governor of Tarlac, and on March 1, 1991, he assumed
innocent as if he had never committed the offense;” is to office by virtue of a decision of the Office of the
ignore the difference between the crime and the criminal. A President, the governorship.
person adjudged guilty of an offense is a convicted criminal, Mariano Ocampo III is the incumbent
though pardoned; he may be deserving of punishment, governor and was suspended from office due to
though left unpunished; and the law may regard him as having been found guilty of having violated the Anti-
more dangerous to society than one never found guilty of Graft and Corrupt Practices Act. Oscar Orbos was the
crime, though it places no restraints upon him following his Executive Secretary at the time of the petition, and is
conviction.” being impleaded herein in that official capacity for
having issued, by authority of the President, the
Crim.
assailed Resolution granting executive clemency to is a considered view that if the President can
Llamas thus, putting him back to his position as the grant reprieves, commutations and pardons,
governor of tarlac. Petitioner contends that executive and remit fines and forfeitures in criminal
clemency could only be granted to criminal cases and cases, with much more reason can she grant
not administrative cases; that there has been no final executive clemency in administrative cases,
judgement of the private respondent's motion for which are clearly less serious than criminal
reconsideration; and that his constitutional rights to offenses.
due process were violated.
2. Yes. There has been a final judgment because
ISSUE: upon the acceptance of the presidential
1. WON the president has the power to grant pardon, the grantee is deemed to have waived
executive clemency in administrative cases. any appeal which he may have filed.
2. WON there has been a final judgment.
3. WON the petitioner's constitutional rights 3. No. the petitioner's constitutional rights to
were violated. due process was not violated because his
being not notified of the subject of pardon is
HELD: based on the fact that pardon is the private,
1. Yes. The president can grant executive though official, act of the executive
clemency based in Art. VII sec. 19 of the magistrate, delivered to the individual for
constitution. The petitioner's contention that whose benefit it is intended and not
the president may only grant executive communicated officially to the court. Thus,
clemency to criminal cases based on said notice is unnecessary
said provision is untenable because the
Constitution does not distinguish between HOW IS PARDON DIFFERENT FROM COMMUTATION AND
cases executive clemency may be exercised by REPRIEVE?
the President, with the sole exclusion of Commutation” is a remission of a part of the
punishment; a substitution of a less penalty for the one
impeachment cases. Ubi lexnon distinguit,
originally imposed.
necnos distinguire debemos. If the law does A “reprieve” or “respite” is the withholding of the
not distinguish, we must not distinguish. Also sentence for an interval of time, a postponement of
a number of laws impliedly or expressly execution, a temporary suspension of execution.
recognize the exercise of executive clemency
in administrative cases. One example of which
is Sec. 43 of PD 807 which provides that
in meritorious cases, the president may
commute or remove administrative penalties
AMNESTY
or disabilities issued upon officers and
employees in disciplinary cases. Moreover, the
WHAT IS AMNESTY
intent of the constitutional commission is to
A general pardon extended to a group of persons, such
give the president the power to a political offenders purposely to bring about the return of
grant executive clemency and is not be limited dissidents to their home and to restore peace and order in
in terms of coverage, except as already the community. It Is generally exercised by the Chief
provided in the constitution. Executive with the concurrence of congress.
Therefore SC held that pardon is It is an act of sovereign power granting oblivion or
applicable to Administrative cases. The SC general pardon for past offense and rarely, if ever,
does not clearly see any valid and convincing exercised in favor of single individual is usually exerted in
reason why the President cannot grant behalf of certain classes of person who are subjected to
trial but not have been convicted.
executive clemency in administrative cases. It

Crim.
NOTA BENE: Amnesty can be availed of before, during and Pardon is granted by the Chief Executive. It is
after the trial of the case, even after conviction. a private act, which must be pleaded and proved by
the person pardoned, because the courts take no
PEOPLE VS. PATRIARCA notice thereof; while amnesty by Proclamation of the
G.R. NO. 135457. SEPTEMBER 29, 2000 Chief Executive with the concurrence of Congress is a
public act of w/c the courts should take judicial notice.
FACTS: Pardon is granted to one after conviction; while
That on or about the 30th day of June, 1987 at amnesty is granted to classes of person or
about 10:00 o'clock in the evening in the Municipality communities who may be guilty of political offenses,
of Donsol, Province of Sorsogon, Philippines and generally before or after the institution of the criminal
within the jurisdiction of this Honorable Court, the prosecution and sometimes after conviction. Pardon
above-named accused conspiring, confederating and looks forward and relieves the offender from the
mutually helping one another, armed with guns, consequences of an offense of which he has been
forcibly took away ALFREDO AREVALO from his convicted, it abolishes or forgives the punishment
residence and brought him to Sitio Abre, Mabini, thus it does not work the restoration of the rights to
Donsol, Sorsogon, and did then and there willfully, hold public office or right of suffrage unless such
unlawfully and feloniously with intent to kill, with rights be expressly restored by the 10 terms of the
treachery and evident premeditation, attack, assault pardon and it in no case exempts the culprit from the
and shoot ALFREDO AREVALO thereby inflicting upon payment of the civil indemnity imposed upon him by
him mortal wounds, which directly caused his death the sentence (Article 36, Revised Penal Code). While
to the damage and prejudice of his legal heirs. amnesty looks backward and abolishes and puts into
Accused-appellant Jose Patriarca, Jr. appeals oblivion the offense itself, it so overlooks and
the decision of the Regional Trial Court at Sorsogon, obliterates the offense with which he is charged that
Sorsogon, Branch 52, in Criminal Case No. 2773 the person released by amnesty stands before the law
convicting him of murder and sentencing him to precisely as though he had committed no offense."
reclusion perpetua. He was also charged with Murder
for the killing of one Rudy de Borja and a certain Elmer DIFFERENCES BETWEEN AMNESTY AND PARDON
Cadag under Information’s docketed as Criminal Cases
Nos. 2665 and 2672, respectively. 7. As to the number of those who can avail: Pardon
Accused-appellant applied for amnesty under includes any crime and is exercised individually by the
Proclamation No. 724 amending Proclamation No. Chief Executive, while amnesty is a blanket pardon
347, dated March 25, 1994, entitled "Granting granted to a group of prisoners, generally political
prisoners.
Amnesty to Rebels, Insurgents, and All Other Persons
8. As to the Time to Avail: Pardon is exercised when the
Who Have or May Have Committed Crimes Against person is already convicted, while amnesty maybe
Public Order, Other Crimes Committed in Furtherance given before trial or investigation is done.
of Political Ends, and Violations of the Article of War, 9. As to the Consent of Congress: Pardon is granted by
and Creating a National Amnesty Commission." His the Chief Executive and such as private act, which must
application was favorably granted by the National plead and proved by the person pardoned because the
Amnesty Board. court takes no choice thereof. While amnesty is by
proclamation with concurrence of congress, and it is a
ISSUE: public act, which the court should take judicial notice.
10. As to the Effect: Pardon is an act of forgiveness, i.e. it
WON accused be granted an amnesty.
relieves the offender from the consequences of the
offense, while amnesty is an act of forgetfulness. i.e. it
HELD: puts into oblivion the offense of which one is charged
This Court takes judicial notice of the grant of so that the person as if he had never committed the
amnesty upon accused-appellant Jose N. Patriarca, Jr. offense.
Once granted, it is binding and effective. It serves to 11. As to the Crime committed: Pardon is granted for
put an end to the appeal. infractions of the peace of the State while amnesty, for
Crim.
crimes against sovereignty of the state (ex. political

offense) HELD:
It is rank inconsistency for appellant to justify
Amnesty Pardon an act, or seek forgiveness for an act which, according
Granted for political Granted for any offense to him, he has not committed. Amnesty presupposes
offenses
the commission of a crime, and when an accused
Granted to classes of Granted to individuals
persons or communities
maintains that he has not committed a crime, he
May be granted at any time Granted after final cannot have any use for amnesty. Where an amnesty
conviction proclamation imposes certain conditions, as in this
Need not be accepted Must be accepted case, it is incumbent upon the accused to prove the
Requires the concurrence of Does not need the existence of such conditions. The invocation of
congress concurrence of congress amnesty is in the nature of a plea of confession and
Public act which the court Private act which must be avoidance, which means that the pleader admits the
may take judicial notice pleaded and proved by the allegations against him but disclaims liability therefore
person pardoned on account of intervening facts which, if proved,
Looks backward and puts Looks forward and relieves would bring the crime charged within the scope of the
the offense into oblivion the offender from the amnesty proclamation. The present rule requires a
consequences of his offense
previous admission of guilt since a person would not
need the benefit of amnesty unless he was, to begin
ADMISSION OF GUILT
with, guilty of the offense covered by the
proclamation.
GAUDENCIO VERA VS. PEOPLE OF THE PHILIPPINES
AMNESTY – REVERSAL OF THE DOCTRINE HELD IN THE
BARRIOQUINTO CASE LAW ON AMNESTY
FACTS:
Vera, together with 92 others were charged PROCLAMATION NO. 347
for the crime of kidnapping with murder done against GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL
a certain Lozaňes. The said crime was committed OTHER PERSONS WHO HAVE OR MAY HAVE COMMITTED
allegedly to aid the Japanese occupation. During the CRIMES AGAINST PUBLIC ORDER, OTHER CRIMES
hearing, none of the petitioners-defendants admitted COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
having committed the crime charged. In fact, VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A
NATIONAL AMNESTY COMMISSION
Gaudencio Vera, the only defendant who took the
witness stand, instead of admitting the killing of the
WHEREAS, the peace process, as an anchor of political,
deceased Lozañes, categorically denied it. Hence, the economic and social stability and development, has steadily
Amnesty Commission held that it could not take moved forward with the overwhelming acceptance and
cognizance of the case, on the ground that the support of the Filipino people;
benefits of the Amnesty Proclamation, could be WHEREAS, to enhance and hasten the peace process,
invoked only by defendants in a criminal case who, there is a need to reintegrate, as soon as possible, all rebels
admitting the commission of the crime, plead that and insurgents into the mainstream of society under the
said commission was in pursuance of the resistance rule of law, including those who may have committed
movement and perpetrated against persons who unlawful acts in furtherance of their respective political
beliefs;
aided the enemy during the Japanese occupation.
WHEREAS, the grant of amnesty to those who may
Consequently, the Commission ordered that the case have committed unlawful acts in pursuit of their political
be remanded to the court of origin for trial. beliefs is one of the six paths to the attainment of a just and
lasting peace as recommended by the National Unification
ISSUE: Commission;
Whether or not the accused can avail of WHEREAS, amnesty was proclaimed under
amnesty sans admission of guilt. Proclamation Nos. 10 and 10-A, which proclamations

Crim.
however extended only to those who applied for amnesty Section 2. Effects. – (a) Amnesty under this Proclamation
under Executive Order No. 350, Series of 1989, and whose shall extinguish any criminal liability for acts committed in
applications were processed and ready for action as of 28 pursuit of a political belief, without prejudice to the
July 1992, and who applied for amnesty under Executive grantee’s civil liability for injuries or damages caused to
Order No. 350 from 28 July 1992 up to 31 December 1992; private persons. The grant of amnesty shall also effect the
WHEREAS, after the lapse of the period for application restoration of civil or political rights suspended or lost by
for the grant of amnesty under Proclamation Nos. 10 and virtue of criminal conviction.
10-A, many more rebels and insurgents, who may have (b) The amnesty herein proclaimed shall not ipso
committed unlawful acts in pursuit of their political beliefs, facto result in the reintegration or reinstatement into the
have returned or expressed their desire and readiness to service of former Armed Forces of the Philippines and
return to the fold of the law and join the mainstream of Philippine National Police personnel. Reintegration or
Philippine society; and reinstatement into the service shall continue to be
WHEREAS, there is a need for government to act on governed by existing laws and
rebel and insurgent returnees’ request for the grant of regulations; Provided, however, that the amnesty shall
amnesty so that they may live in peace in the pursuit of reinstate the right of AFP and PNP personnel to retirement
productive endeavors without prejudice to any legal and separation benefits, if so qualified under existing laws,
arrangement that may result from a negotiated settlement rules and regulations at the time of the commission of the
which the government is pursuing with the various rebel acts for which amnesty is extended, unless they have
and insurgent groups. forfeited such retirement and separation benefits for
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the reasons other than the acts covered by this Proclamation.
Republic of the Philippines, by virtue of the powers vested
in me by Section 19, Article VII of the Constitution, do Section 3. Firearms. – The surrender of firearms,
hereby declare and proclaim: ammunitions and explosives shall not be a condition for
amnesty. Applicants for amnesty may surrender their
Section 1. Grant of Amnesty. – Amnesty is hereby granted firearms within sixty (60) days from the effectivity of this
to all persons who shall apply therefor and who have or Proclamation without incurring liability for illegal
may have committed crimes, on or before thirty (30) days possession thereof. The Government shall continue to
following the publication of this Proclamation in two (2) encourage rebels and insurgents to turn-in firearms,
newspapers of general circulation, in pursuit of political ammunition and explosives which may be in their
beliefs, whether punishable under the Revised Penal Code possession.
or special laws, including but not limited to the following:
rebellion or insurrection; coup d’etat; conspiracy and Section 4. National Amnesty Commission. – There is hereby
proposal to commit rebellion, insurrection or coup d’etat; created a National Amnesty Commission, hereinafter
disloyalty of public officers or employees; inciting to referred to as the Commission, which shall be primarily
rebellion or insurrection; sedition; conspiracy to commit tasked with receiving and processing applications for
sedition; inciting to sedition; illegal assembly; illegal amnesty, and determining whether the applicants are
association; direct assault; indirect assault; resistance and entitled to amnesty under this Proclamation. Final decisions
disobedience to a person in authority or the agents of such or determinations of the Commission shall be appealable to
person; tumults and other disturbances of public order; the Court of Appeals.
unlawful use of means of publication and unlawful Pursuant to its functions, the Commission shall be
utterances; alarms and scandals; illegal possession of authorized to:
firearms, ammunition or explosives, committed in (a) Administer oaths, summon witnesses and require
furtherance of, incident to, or in connection with the crimes the production of documents by subpoena duces
of rebellion or insurrection and violations of Articles 59 tecum; Provided, that the testimonies of the
(desertion), 62 (absence without leave), 67 (mutiny or applicant and his witnesses for a grant of amnesty,
sedition), 68 (failure to suppress mutiny or sedition), 94 and any evidence presented by him before the
(various crimes), 96 (conduct unbecoming an officer and a Commission not otherwise, available to the
gentlemen), and 97 (general article) of the Articles of War; prosecution, shall not be used as evidence against
Provided, that the amnesty shall not cover crimes against the applicant in any other proceeding where the
chastity and other crimes committed for personal ends. amnesty is not in issue, except for perjury
committed in so testifying;

Crim.
(b) Promulgate rules and regulations subject to the Committed in Furtherance of Political Ends, and Violations
approval of the President; of the Articles of War, and Creating a National Amnesty
(c) Call on any Government office, body, agency, Commission,” which was concurred in by both Houses of
instrumentality, council and commission to render Congress on June 2, 1994 through Concurrent Resolution
assistance in the efficient and effective No. 12 as provided for by the Constitution;
implementation of its functions; WHEREAS, when the prescribed period for filing of
(d) Constitute Local Amnesty Boards in such applications for amnesty lapsed on June 1, 1995, 7,166
provinces, cities, and municipalities as may be applications were recorded to have been filed with the
necessary; and National Amnesty Commission and the nineteen (19) Local
(e) Perform such other functions necessary for the Amnesty Boards nationwide;
proper implementation of this Proclamation as WHEREAS, after June 1, 1995, the National Amnesty
may be authorized by the President. Commission and its nineteen (19) Local Amnesty Boards
The Commission shall be composed of seven (7) throughout the country have reported that many other
members: a chairperson and three (3) regular members to rebels and insurgents voluntarily returned to the folds of
be appointed by the President; the Secretary of Justice, the the law and filed applications for amnesty or otherwise
Secretary of National Defense and the Secretary of the expressed their desire to avail of amnesty;
Interior and Local Government as ex-officio members. WHEREAS, in the course of processing amnesty
The amounts necessary for the operational and applications, the National Amnesty Commission has been
administrative expenses of the Commission shall be funded constrained to deny amnesty to persons who were found
from the budget of the Office of the President. to have committed acts/crimes clearly in pursuit of their
The term of the Commission shall expire upon the political belief because their acts/crimes were committed
completion of its assigned tasks as may be determined by after April 30, 1994 but before June 1, 1995, which is beyond
the President. the period of coverage of Proclamation No. 347; or because
they filed their applications beyond the deadline of June 1,
Section 5. Who May Apply. – All persons who have or may 1995;
have committed the crimes enumerated in Section 1, within WHEREAS, the sincere desire of the foregoing rebels
the period prescribed therein, including those detained, and insurgents to return to the folds of the law cannot be
charged, or convicted for the commission of the same ignored by the Government if it is to pursue a true,
crimes, may apply with the Commission for the grant of comprehensive, just, and lasting peace;
amnesty. WHEREAS, by virtue of the General Agreement for
Peace dated October 13, 1995 signed between the
Section 6. Application Period. – Applications for the grant Government and the RAM-SFP-YOU, Proclamation No. 723
of amnesty shall be filed under oath with the Commission was issued granting amnesty to members and supporters
within six (6) months from the effectivity of this of the RAM-SFP-YOU and allowing those inadvertently
Proclamation. omitted from the said list to apply individually for amnesty;
WHEREAS, in the interest of equity and justice,
Section 7. Effectivity. – This Proclamation shall take effect members of rebel groups other than the RAM-SFP-YOU
upon concurrence by a majority of all the Members of the should also be entitled to file applications for amnesty after
Congress. the lapse of the period for application under Proclamation
No. 347;
DONE in the City of Manila, this 25th day of March in the NOW, THEREFORE, I, FIDEL V. RAMOS, President of the
year of Our Lord, Nineteen Hundred and Ninety-Four. Republic of the Philippines, by virtue of the powers vested
in me by Section 19, Article VII of the Constitution, do
hereby declare and proclaim:
PROCLAMATION NO. 724
AMENDING PROCLAMATION NO. 347 DATED MARCH 25, SECTION 1. Grant of Amnesty under Proclamation No.
1995 347. Section 1 of Proclamation No. 347 is hereby amended
as follows:
WHEREAS, on March 25, 1994, President Fidel V. Ramos “Section 1. Grant of Amnesty.- Amnesty is hereby granted
issued Proclamation No. 347 entitled “Granting Amnesty to to all persons who shall apply therefor and who have or
Rebels, Insurgents, and All Other Persons Who Have or May may have committed crimes, on or before June 1, 1995, in
Have Committed Crimes Against Public Order, Other Crimes pursuit of their political beliefs, whether punishable under

Crim.
the Revised Penal Code or special laws, including but not lesser penalty or jail term. This type of clemency does not
limited to the following: rebellion or insurrection; coup void the conviction.
d’etat; conspiracy and proposal to commit rebellion,
insurrection, or coup d’etat; disloyalty of public officers or SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR
employees; inciting to rebellion or insurrection; sedition; BY THE CODE:
conspiracy to commit sedition; inciting to sedition; illegal 1. When the convict sentenced to death is over 70 years
assembly; illegal association; direct assault; indirect assault; of age;
resistance and disobedience to a person in authority or 2. When ten justices of the Supreme Court failed to
agents of such person; tumults and other disturbances of reach a decision for the affirmation of the death
public order; unlawful use of means of publication and penalty;
unlawful utterances; alarms and scandals; illegal possession
of firearms, ammunitions, and explosives, committed in In other cases, the degree of the penalty is reduced
furtherance of, incident to, or in connection with the crimes from death to reclusion perpetua.
of rebellion and insurrection; and violations of Articles 59 In Commutation of Sentence consent of the offender is
(desertion), 62 (absence without leave), 67 (mutiny or not necessary. The public welfare, not his consent,
sedition), 68 (failure to suppress mutiny or sedition), 94 determines what shall be done.
(various crimes), 96 ( conduct unbecoming an officer and
gentleman), and 97 (general article) of the Articles of War; WHO MAY FILE A PETITION FOR COMMUTATION OF
Provided, That the amnesty shall not cover crimes against SENTENCE?
chastity and other crimes for personal ends.” The Board may review the petition of a prisoner for
commutation of sentence if he/she meets the following
SEC. 2. Re-opening of Application Period. Applications for minimum requirements:
the grant of amnesty under Proclamation No. 347 dated 1. At least one half (1/2) of the minimum of his
March 25, 1994, as amended by this Proclamation, shall be indeterminate and/or definite prison term or the
filed with the National Amnesty Commission within ninety aggregate minimum of his determinate and/or
(90) days from the effectivity of this Proclamation. prison terms;
2. At least ten (10) years for prisoners sentenced to
SEC. 3. Effectivity. This Proclamation shall take effect upon one (1) reclusion perpetua or one (1) life
the concurrence by a majority of all Members of Congress. imprisonment, for crimes/offenses not punishable
DONE in the City of Manila this 17th day of May in the year under Republic Act 7659 and other special laws;
of Our Lord, Nineteen Hundred and Ninety-Six. 3. At least twelve (12) years, for prisoners whose
sentences were adjusted to forty (40) years in
accordance with the provisions of Article 70 of the
Revised Penal Code, as amended;
COMMUTATION OF 4. At least fifteen (15) years for prisoners convicted of
heinous crimes as defined in Republic Act 7659
SENTENCE committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1)
life imprisonment;
WHAT IS COMMUTATION OF SENTENCE? 5. At least seventeen (17) years for prisoners
The act of the president changing, reducing or sentenced to two (2) or more reclusion perpetua
mitigating a heavier sentence to a lighter one or a longer or life imprisonment even if their sentences were
term into a shorter term. It may alter death sentence to life adjusted to forty (40) years in accordance with the
sentence or life sentence to a term of years. provision of Article 70 of the Revised Penal Code,
It does not forgive the offender but merely to reduce as amended;
the penalty pronounce by the court. 6. At least twenty (20) years, for those sentenced to
It is a change of the decision of the court made by the death which was automatically commuted or
Chief Executive by reducing the degree of the penalty reduced to reclusion perpetua.
inflicted upon the convict, or by decreasing the length of
the imprisonment of the original sentence.
A commutation of sentence takes place when the
sentence, generally one of imprisonment, is reduced to a REPRIEVE
Crim.
WHAT IS REPRIEVE
Reprieve, in criminal law, the temporary suspension of
a sentence, such as a stay of execution, granted a person
convicted of a capital crime. A reprieve is usually granted by
the sovereign or chief executive and also, in the United
States, by the governor of a state. In some cases it may be
granted by the court that tried the offender.
It is a postponement of sentence or temporary stay of
the execution of sentence especially the execution of the
death sentence. Generally, Reprieve is extended to
prisoners sentenced to death.
The date of execution of sentenced is set back several
days to enable the Chief to study the petition of the
condemned man for commutation of sentenced or pardon.
A reprieve is given to suspend the execution of a
sentence in order to give the prisoner time to find ways to
have it reduced. With respect to capital cases, a reprieve is
given to suspend the execution of the death penalty for a
period of time to consider whether or not it should be
imposed.
PURPOSE OF REPREIVE
The purpose of the reprieve is generally to allow an
investigation into the legality of the conviction or into
alleged newly discovered evidence in favor of the convicted
person. A reprieve delays an execution but, unlike a pardon
or a commuted sentence, does not negate a sentence
unless the reinvestigation shows that the prisoner has been
unjustly tried or sentenced.
GCTA – is a privilege granted to a prisoner that shall entitle

him to a deduction of his term of imprisonment.
Under Art.97, RPC, the GCTA are:

1. 5 days per month during the first 2 years of
imprisonment
2. 8 days per month during the 3 rd to 5th years of
imprisonment
3. 10 days during the following years until the 10 th
years of imprisonment
4. 15 days during the 11th and successive years
Special Time Allowance for Loyalty (Art. 158, RPC)

A deduction of 1/5 of the period of the sentence of
any prisoner who evaded the service of sentence on the
occasion of disorders due to conflagrations, earthquakes,
or other calamities shall be granted if he returns to
authorities within 48 hours after the president declared
that the calamity is over.
- Once granted hall not be revoked.

Crim.
(c) "Probation Officer" means one who investigates for

the court a referral for probation or supervises a
probationer or both.
APPENDICES Sec. 4. Grant of Probation. — Subject to the provisions of
this Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of
A. FULL TEXT OF PRESIDENTIAL said defendant, suspend the execution of said sentence
DECREE NO. 968 and place the defendant on probation for such period and
upon such terms and conditions as it may deem best.
PRESIDENTIAL DECREE NO. 968
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING Probation may be granted whether the sentence imposes a
FUNDS THEREFOR AND FOR OTHER PURPOSES. term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to
WHEREAS, one of the major goals of the government is to the appellate court if an appeal has been taken from the
establish a more enlightened and humane correctional sentence of conviction. The filing of the application shall be
systems that will promote the reformation of offenders and deemed a waiver of the right to appeal, or the automatic
thereby reduce the incidence of recidivism;. withdrawal of a pending appeal.
. An order granting or denying probation shall not be
WHEREAS, the confinement of all offenders prisons and appealable.
other institutions with rehabilitation programs constitutes
an onerous drain on the financial resources of the country; Sec. 5. Post-sentence Investigation. — No person shall be
and. placed on probation except upon prior investigation by the
WHEREAS, there is a need to provide a less costly probation officer and a determination by the court that the
alternative to the imprisonment of offenders who are likely ends of justice and the best interest of the public as well as
to respond to individualized, community-based treatment that of the defendant will be served thereby..
programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of Sec. 6. Form of Investigation Report. — The investigation
the Philippines, by virtue of the powers vested in me by the report to be submitted by the probation officer under
Constitution, do hereby order and decree the following: Section 5 hereof shall be in the form prescribed by the
Section 1. Title and Scope of the Decree. — This Decree Probation Administrator and approved by the Secretary of
shall be known as the Probation Law of 1976. It shall apply Justice.
to all offenders except those entitled to the benefits under
the provisions of Presidential Decree numbered Six Sec. 7. Period for Submission of Investigation Report. —
Hundred and three and similar laws. The probation officer shall submit to the court the
Sec. 2. Purpose. — This Decree shall be interpreted so as to: investigation report on a defendant not later than sixty
4. promote the correction and rehabilitation of an days from receipt of the order of said court to conduct the
offender by providing him with individualized investigation. The court shall resolve the petition for
treatment; probation not later than five days after receipt of said
5. provide an opportunity for the reformation of a report.
penitent offender which might be less probable if he Pending submission of the investigation report and the
were to serve a prison sentence; and. resolution of the petition, the defendant may be allowed
6. prevent the commission of offenses.. on temporary liberty under his bail filed in the criminal case;
Sec. 3. Meaning of Terms. — As used in this Decree, the Provided, That, in case where no bail was filed or that the
following shall, unless the context otherwise requires, be defendant is incapable of filing one, the court may allow
construed thus: the release of the defendant on recognize to the custody of
(a) "Probation" is a disposition under which a a responsible member of the community who shall
defendant, after conviction and sentence, is released guarantee his appearance whenever required by the court.
subject to conditions imposed by the court and to
the supervision of a probation officer.. Sec. 8. Criteria for Placing an Offender on Probation. — In
(b) "Probationer" means a person placed on probation. determining whether an offender may be placed on
probation, the court shall consider all information relative,
to the character, antecedents, environment, mental and

Crim.
physical condition of the offender, and available (h) abstain from drinking intoxicating beverages to
institutional and community resources. Probation shall be excess;
denied if the court finds that: (i) permit the probation officer or an authorized social
(a) the offender is in need of correctional treatment that worker to visit his home and place of work;
can be provided most effectively by his commitment (j) reside at premises approved by it and not to
to an institution; or change his residence without its prior written
(b) there is undue risk that during the period of approval; or
probation the offender will commit another crime; (k) satisfy any other condition related to the
or. rehabilitation of the defendant and not unduly
(c) probation will depreciate the seriousness of the restrictive of his liberty or incompatible with his
offense committed.. freedom of conscience.
Sec. 9. Disqualified Offenders. — The benefits of this Sec. 11. Effectivity of Probation Order. — A probation
Decree shall not be extended to those: order shall take effect upon its issuance, at which time the
(b) sentenced to serve a maximum term of court shall inform the offender of the consequences
imprisonment of more than six years; thereof and explain that upon his failure to comply with any
(c) convicted of any offense against the security of the of the conditions prescribed in the said order or his
State; commission of another offense, he shall serve the penalty
(d) who have previously been convicted by final imposed for the offense under which he was placed on
judgment of an offense punished by imprisonment of probation.
not less than one month and one day and/or a fine of Sec. 12. Modification of Condition of Probation. — During
not less than Two Hundred Pesos; the period of probation, the court may, upon application of
(e) who have been once on probation under the either the probationer or the probation officer, revise or
provisions of this Decree; and modify the conditions or period of probation. The court
(f) who are already serving sentence at the time the shall notify either the probationer or the probation officer
substantive provisions of this Decree became of the filing of such an application so as to give both parties
applicable pursuant to Section 33 hereof. an opportunity to be heard thereon..
Sec. 10. Conditions of Probation. — Every probation order The court shall inform in writing the probation officer and
issued by the court shall contain conditions requiring that the probationer of any change in the period or conditions
the probationer shall: of probation.
(a) present himself to the probation officer designated Sec. 13. Control and Supervision of Probationer. — The
to undertake his supervision at such place as may probationer and his probation program shall be under the
be specified in the order within seventy-two hours control of the court who placed him on probation subject
from receipt of said order;. to actual supervision and visitation by a probation officer.
(b) report to the probation officer at least once a Whenever a probationer is permitted to reside in a place
month at such time and place as specified by said under the jurisdiction of another court, control over him
officer. shall be transferred to the Executive Judge of the Court of
The court may also require the probationer to: First Instance of that place, and in such a case, a copy of the
(a) cooperate with a program of supervision; probation order, the investigation report and other
(b) meet his family responsibilities; pertinent records shall be furnished said Executive Judge.
(c) devote himself to a specific employment and not Thereafter, the Executive Judge to whom jurisdiction over
to change said employment without the prior the probationer is transferred shall have the power with
written approval of the probation officer; respect to him that was previously possessed by the court
(d) undergo medical, psychological or psychiatric which granted the probation.
examination and treatment and enter and remain
in a specified institution, when required for that Sec. 14. Period of Probation. —
purpose;. a. The period of probation of a defendant sentenced
(e) pursue a prescribed secular study or vocational to a term of imprisonment of not more than one
training; year shall not exceed two years, and in all other
(f) attend or reside in a facility established for cases, said period shall not exceed six years.
instruction, recreation or residence of persons on b. When the sentence imposes a fine only and the
probation; offender is made to serve subsidiary imprisonment
(g) refrain from visiting houses of ill-repute; in case of insolvency, the period of probation shall

Crim.
not be less than nor to be more than twice the as the Administration, which shall exercise general
total number of days of subsidiary imprisonment supervision over all probationers.
as computed at the rate established, in Article The Administration shall have such staff, operating units
thirty-nine of the Revised Penal Code, as and personnel as may be necessary for the proper
amended..chan robles virtual law library execution of its functions.
Sec. 19. Probation Administration. — The Administration
Sec. 15. Arrest of Probationer; Subsequent Disposition. — shall be headed by the Probation Administrator, hereinafter
At any time during probation, the court may issue a warrant referred to as the Administrator, who shall be appointed by
for the arrest of a probationer for violation of any of the the President of the Philippines. He shall hold office during
conditions of probation. The probationer, once arrested good behavior and shall not be removed except for cause.
and detained, shall immediately be brought before the The Administrator shall receive an annual salary of at least
court for a hearing, which may be informal and summary, of forty thousand pesos. His powers and duties shall be to:
the violation charged. The defendant may be admitted to (a) act as the executive officer of the Administration;
bail pending such hearing. In such a case, the provisions (b) exercise supervision and control over all probation
regarding release on bail of persons charged with a crime officers;.
shall be applicable to probationers arrested under this (c) make annual reports to the Secretary of Justice, in
provision. If the violation is established, the court may such form as the latter may prescribe, concerning
revoke or continue his probation and modify the conditions the operation, administration and improvement of
thereof. If revoked, the court shall order the probationer to the probation system;.
serve the sentence originally imposed. An order revoking (d) promulgate, subject to the approval of the
the grant of probation or modifying the terms and Secretary of Justice, the necessary rules relative to
conditions thereof shall not be appealable. the methods and procedures of the probation
Sec. 16. Termination of Probation. — After the period of process;
probation and upon consideration of the report and (e) recommend to the Secretary of Justice the
recommendation of the probation officer, the court may appointment of the subordinate personnel of his
order the final discharge of the probationer upon finding Administration and other offices established in this
that he has fulfilled the terms and conditions of his Decree; and
probation and thereupon the case is deemed terminated. (f) generally, perform such duties and exercise such
The final discharge of the probationer shall operate to powers as may be necessary or incidental to
restore to him all civil rights lost or suspend as a result of achieve the objectives of this Decree.
his conviction and to fully discharge his liability for any fine Sec. 20. Assistant Probation Administrator. — There shall
imposed as to the offense for which probation was be an Assistant Probation Administrator who shall assist
granted. the Administrator perform such duties as may be assigned
The probationer and the probation officer shall each be to him by the latter and as may be provided by law. In the
furnished with a copy of such order. absence of the Administrator, he shall act as head of the
Sec. 17. Confidentiality of Records. — The investigation Administration..
report and the supervision history of a probationer He shall be appointed by the President of the Philippines
obtained under this Decree shall be privileged and shall not and shall receive an annual salary of at least thirty-six
be disclosed directly or indirectly to anyone other than the thousand pesos.
Probation Administration or the court concerned, except Sec. 21. Qualifications of the Administrator and Assistant
that the court, in its discretion, may permit the probationer Probation Administrator. — To be eligible for Appointment
of his attorney to inspect the aforementioned documents as Administrator or Assistant Probation Administrator, a
or parts thereof whenever the best interest of the person must be at least thirty-five years of age, holder of a
probationer makes such disclosure desirable or helpful: master's degree or its equivalent in either criminology,
Provided, Further, That, any government office or agency social work, corrections, penology, psychology, sociology,
engaged in the correction or rehabilitation of offenders public administration, law, police science, police
may, if necessary, obtain copies of said documents for its administration, or related fields, and should have at least
official use from the proper court or the Administration.. five years of supervisory experience, or be a member of the
Sec. 18. The Probation Administration. — There is hereby Philippine Bar with at least seven years of supervisory
created under the Department of Justice an agency to be experience.
known as the Probation Administration herein referred to Sec. 22. Regional Office; Regional Probation Officer. —
The Administration shall have regional offices organized in

Crim.
accordance with the field service area patterns established Sec. 24. Miscellaneous Powers of Provincial and City
under the Integrated Reorganization Plan. Probation Officers. — Provincial or City Probation Officers
Such regional offices shall be headed by a Regional shall have the authority within their territorial jurisdiction to
Probation Officer who shall be appointed by President of administer oaths and acknowledgments and to take
the Philippines in accordance with the Integrated depositions in connection with their duties and functions
Reorganization Plan and upon the recommendation of the under this Decree. They shall also have, with respect to
Secretary of Justice. probationers under their care, the powers of a police
The Regional Probation Officer shall exercise supervision officer.
and control over all probation officer within his jurisdiction Sec. 25. Qualifications of Regional, Assistant Regional,
and such duties as may be assigned to him by the Provincial, and City Probation Officers. — No person shall
Administrator. He shall have an annual salary of at least be appointed Regional or Assistant Regional or Provincial
twenty-four thousand pesos. or City Probation Officer unless he possesses at least a
He shall, whenever necessary, be assisted by an Assistant bachelor's degree with a major in social work, sociology,
Regional Probation Officer who shall also be appointed by psychology, criminology, penology, corrections, police
the President of the Philippines, upon recommendation of science, police administration, or related fields and has at
the Secretary of Justice, with an annual salary of at least least three years of experience in work requiring any of the
twenty thousand pesos. abovementioned disciplines, or is a member of the
Sec. 23. Provincial and City Probation Officers. — There Philippine Bar with at least three years of supervisory
shall be at least one probation officer in each province and experience.
city who shall be appointed by the Secretary of Justice Whenever practicable, the Provincial or City Probation
upon recommendation of the Administrator and in Officer shall be appointed from among qualified residents
accordance with civil service law and rules. of the province or city where he will be assigned to work..
The Provincial or City Probation Officer shall receive an Sec. 26. Organization. — Within twelve months from the
annual salary of at least eighteen thousand four hundred approval of this Decree, the Secretary of Justice shall
pesos. organize the administrative structure of the Administration
His duties shall be to:. and the other agencies created herein. During said period,
(a) investigate all persons referred to him for he shall also determine the staffing patterns of the regional,
investigation by the proper court or the provincial and city probation offices with the end in view of
Administrator; achieving maximum efficiency and economy in the
(b) instruct all probationers under his supervision or operations of the probation system..
that of the probation aide on the terms and Sec. 27. Field Assistants, Subordinate Personnel. —
conditions of their probations; Provincial or City Probation Officers shall be assisted by
(c) keep himself informed of the conduct and such field assistants and subordinate personnel as may be
condition of probationers under his charge and use necessary to enable them to carry out their duties
all suitable methods to bring about an effectively.
improvement in their conduct and conditions; Sec. 28. Probation Aides. — To assist the Provincial or City
(d) maintain a detailed record of his work and submit Probation Officers in the supervision of probationers, the
such written reports as may be required by the Probation Administrator may appoint citizens of good
Administration or the court having jurisdiction over repute and probity to act as probation aides.
the probationer under his supervision; Probation Aides shall not receive any regular compensation
(e) prepare a list of qualified residents of the province for services except for reasonable travel allowance. They
or city where he is assigned who are willing to act shall hold office for such period as may be determined by
as probation aides; the Probation Administrator. Their qualifications and
(f) supervise the training of probation aides maximum case loads shall be provided in the rules
and oversee the latter's supervision of promulgated pursuant to this Decree..
probationers; Sec. 29. Violation of Confidential Nature of Probation
(g) exercise supervision and control over all Records. — The penalty of imprisonment ranging from six
field assistants, probation aides and other months and one day to six years and a fine ranging from six
personnel; and hundred to six thousand pesos shall be imposed upon any
(h) perform such duties as may be assigned person who violates Section 17 hereof.
by the court or the Administration.. Sec. 30. Appropriations. — There is hereby authorized the
appropriation of the sum of Six Million Five Hundred

Crim.
0 “This is for criminological purposes and therefore not for sale.” School Year 2015-2016
Thousand Pesos or so much as may be necessary, out of such period and upon such terms and conditions as it may
any funds in the National Treasury not otherwise deem best.
appropriated, to carry out the purposes of this Decree. The prosecuting officer concerned shall be notified by the
Thereafter, the amount of at least Ten Million Five Hundred court of the filling of the application for probation and he
Thousand Pesos or so much as may be necessary shall be may submit his comment on such application within ten
included in the annual appropriations of the national days from receipt of the notification.
government. Probation may be granted whether the sentence impose a
Sec. 31. Repealing Clause. — All provisions of existing laws, term of imprisonment or a fine with subsidiary
orders and regulations contrary to or inconsistent with this imprisonment in case of insolvency. An application for
Decree are hereby repealed or modified accordingly.. probation shall be filed with trial court, with notice to
Sec. 32. Separability of Provisions. — If any part, section or appellate court if an appeal has been taken from the
provision of this Decree shall be held invalid or sentence of conviction. The filling of the application shall be
unconstitutional, no other parts, sections or provisions deemed a waiver of the right to appeal, or the automatic
hereof shall be affected thereby. withdrawal of a pending appeal. In the latter case however,
Sec. 33. Effectivity. — This Decree shall take effect upon its if the application is filed on or after the date of the
approval: Provided, However, That, the application of its judgment of the appellate court.
substantive provisions concerning the grant of probation An order granting or denying probation shall not be
shall only take effect twelve months after the certification appealable."
by the Secretary of Justice to the Chief Justice of the Section 2. The first paragraph of Section 7 of the same
Supreme Court that the administrative structure of the Decree is hereby amended to read as follows:
Probation Administration and of the other agencies has "Sec. 7. Period for Submission of Investigation Report. The
been organized. probation officer shall submit to the court the investigation
DONE in the City of Manila, this 24th day of July in the year report on a defendant not later than sixty days from receipt
of Our Lord, nineteen hundred and seventy-six. of the order of said court to conduct the investigation. The
court shall resolve the application for probation not later
than fifteen days after receipts of said report."
B. FULL TEXT OF PRESIDENTIAL Section 3. Section 15 of the same Decree is hereby amended
DECREE NO. 1257 to read as follows:
"Sec. 15. Arrest and Probationer; Subsequent Disposition.
PRESIDENTIAL DECREE No. 1257 At any time during probation, the court may issue a warrant
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE for the arrest of a probationer for any serious violation of
NUMBERED NINE HUNDRED AND SIXTY-EIGHT, the conditions of probation. The probationer, once arrested
OTHERWISE KNOWN AS THE PROBATION LAW OF 1976 and detained, shall immediately be brought before the
WHEREAS, the need to strengthen certain provisions of court for a hearing of the violation charged. The defendant
Presidential Decree No. 968, otherwise known as the may be admitted to bail pending such hearing. In such case,
Probation Law of 1976, has surfaced in the nationwide the provisions regarding release on bail of persons charged
seminars which introduced said law to judges, fiscals and with a crime shall be applicable to probationers arrested
private law practitioners; under this provision.
WHEREAS, meeting such need would better ensure the In the hearing, which shall be summary in nature, the
achievement of its laudable objectives; probationer shall have the right to be informed of the
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of violation charged and to adduce evidence in his favor. The
the Republic of the Philippines, by virtue of the powers court shall not be bound by the technical rules of evidence
vested in me by the Constitution, do hereby order and but may be inform itself of all the facts which are material
decree as follows: and relevant to ascertain the veracity of the charge. The
Section 1. Section 4 of Presidential Decree No. 968, State shall be represented by a prosecuting officer in any
otherwise known as the Probation Law of 1976, is hereby contested hearing. If the violation is established, the court
amended to read as follows: may revoke or continue his probation and modify
"Sec. 4. Grant of Probation. Subject to the provisions of this conditions thereof. If revoked, the court shall order the
Decree, the court may, after it shall have convicted and probationer to serve the sentence originally imposed. An
sentenced a defendant but before he begins to serve his order revoking the grant of probation or modifying the
sentence and upon his application, suspend the execution terms and conditions thereof shall not be appealable."
of said sentence and place the defendant on probation for

Crim.
Section 4. Section 33 of the same Decree is hereby AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE
amended to read as follows: KNOWN AS THE PROBATION LAW OF 1976.
"Sec. 33. Effectivity. This Decree shall take effect upon its .
approval: Provided, However, That the application of its WHEREAS, it has been the sad experience that persons who
substantive provisions concerning the grant of probation are convicted of offenses and who may be entitled to
shall only take effect on January 3, 1978." probation still appeal the judgment of conviction even up
Section 5. This Decree shall take effect immediately. to the Supreme Court, only to pursue their application for
Done in the City of Manila, this 1st day of December, in the probation when their appeal is eventually dismissed;.
year of Our Lord, nineteen hundred and seventy-seven.
WHEREAS, the process of criminal investigation,
C. FULLTEXT OF BATAS PANBANSA prosecution, conviction and appeal entails too much time
and effort, not to mention the huge expenses of litigation,
BLG. 76 on the part of the State;.
WHEREAS, the time, effort and expenses of the
Government in investigating and prosecuting accused
BATAS PAMBANSA BILANG 76 persons from the lower courts up to the Supreme Court,
AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED are oftentimes rendered nugatory when, after the
NINE HUNDRED SIXTY-EIGHT, AS AMENDED, OTHERWISE appellate Court finally affirms the judgment of conviction,
KNOWN AS THE PROBATION LAW OF NINETEEN HUNDRED the defendant applies for and is granted probation; .
AND SEVENTY-SIX, SO AS TO EXPAND ITS COVERAGE. WHEREAS, probation was not intended as an escape hatch
Section 1. Section nine of Presidential Decree Numbered and should not be used to obstruct and delay the
Nine hundred sixty-eight, as amended by Presidential administration of justice, but should be availed of at the
Decree Numbered Twelve hundred and fifty-seven, is first opportunity by offenders who are willing to be
hereby further amended to read as follows: reformed and rehabilitated; .
"Sec. 9. Disqualified Offenders. — The benefits of this WHEREAS, it becomes imperative to remedy the problems
Decree shall not be extended to those: sentenced to serve abovementioned confronting our probation system. .
a maximum term of imprisonment of more than six years NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
and one day; the Philippines, by virtue of the powers vested in me by the
a. Convicted of any offense against the security of Constitution, do hereby decree: .
the State; Section 1. Section 4 of Presidential Decree No. 968 is
b. Who have previously been convicted by final hereby amended to read as follows:
judgment of an offense punished by imprisonment "Sec. 4. Grant of Probation. — Subject to the provisions of
of not less than one month and one day and/or a this Decree, the trial court may, after it shall have convicted
fine of not less than Two Hundred Pesos; and and sentenced a defendant, and upon application by said
c. Who have been once on probation under the defendant within the period for perfecting an appeal,
provisions of this Decree." suspend the execution of the sentence and place the
Sec. 2. Notwithstanding the provision of the Probation Law defendant on probation for such period and upon such
of 1976, any person sentenced to maximum penalty of six terms and conditions as it may deem best; Provided, That
years and one day on January 3, 1978 and thereafter may be no application for probation shall be entertained or granted
placed on probation upon his application therefore with the if the defendant has perfected the appeal from the
court of origin. However, such person serving sentence at judgment of conviction.
the effectivity of this Act shall remain in jail pending the "Probation may be granted whether the sentence imposes
approval of his application. a term of imprisonment or a fine only. An application for
probation shall be filed with the trial court. The filing of the
Sec. 3. This Act shall take effect upon its approval. application shall be deemed a waiver of the right to appeal.
Approved: June 13, 1980 "An order granting or denying probation shall not be
appealable." .
Sec. 2. Section 9 of Presidential Decree No. 968 is hereby
D. FULLTEXT OF PRESIDENTIAL amended to read as follows: .
DECREE NO. 1990 "Sec. 9. Disqualified Offenders. — The benefits of this
Decree shall not be extended to those:
PRESIDENTIAL DECREE NO. 1990

Crim.
d. sentenced to serve a maximum term of a. The Administration shall be headed by an

imprisonment of more than six years; . Administrator who shall be immediately assisted
e. convicted of subversion or any crime by a Deputy Administrator. The Administrator and
against the national security or the public Deputy Administrator shall be appointed by the
order; President upon the recommendation of the
f. who have previously been convicted by Secretary.
final judgment of an offense punished by The appointees to the positions of Administrator
imprisonment of not less than one month and Deputy Administrator must be holders of a
and one day and/or a fine of not less than doctoral/masteral degree in public administration
Two Hundred Pesos. and/or lawyers with at least one year of
g. who have been once on probation under supervisory experience in probation work.
the provisions of this Decree; and b. The Administration shall have a Technical Service
h. who are already serving sentence at the under the Office of the Administrator which shall
time the substantive provisions of this serve as the service arm of the Board of Pardons
Decree became applicable pursuant to and Parole in the supervision of parolees and
Section 33 hereof." . pardonees.
Sec. 3. The provisions of Section 4 of Presidential Decree The Board and the Administration shall jointly
No. 968, as above amended, shall not apply to those who determine the staff complement of the Technical
have already filed their respective applications for Service.
probation at the time of the effectivity of this Decree. . c. The Administration shall likewise continue to
Sec. 4. All laws, decrees, executive or administrative orders, operate and maintain a Regional Office in each of
rules and regulations, or parts thereof, inconsistent with the administrative regions including the National
this Decree, are hereby repealed, amended or modified Capital Region and also a probation and parole
accordingly. . office in every province and city of the country.
Sec. 5. This Decree shall take effect after fifteen (15) days The Regional, Provincial and City Offices of the
following its publication in the Official Gazette. Administration shall each be headed by a Regional
DONE in the City of Manila, this 5th day of October, in the Probation and Parole Officer, Provincial/City Probation and
year of Our Lord, nineteen hundred and eighty-five.. Parole Officer, respectively, all of whom shall be appointed
by the Secretary upon the recommendation of the
Administrator.
E. FULL TEXT OF EXECUTIVE ORDER The Provincial or City Probation and Parole Officer shall be
NO. 292 - ADMINISTRATIVE CODE assisted by such field assistants and subordinate personnel
as may be necessary to enable them to carry out their
OF 1987; [BOOK IV/TITLE duties and functions. For this purpose, the Administrator
III/CHAPTER 7-PAROLE AND may appoint citizens of good repute and probity to act as
Probation and Parole Aides who shall not receive any
PROBATION ADMINISTRATION] regular compensation for their services except reasonable
travel allowance.
CHAPTER 7 Section 25. Applicability of P.D. No. 968, as amended. - The
PAROLE AND PROBATION ADMINISTRATION Provisions of P.D. 968 otherwise known as the Probation
Section 23. Parole and Probation Administration. - The Law of 1976 shall continue to govern the operation and
Parole and Probation Administration hereinafter referred to management of the Administration including the
as the Administration shall have the following functions: enumeration of functions and qualifications for
a. Administer the parole and probation system; appointment of the Administrator, Deputy Administrators,
b. Exercise general supervision over all parolees and Regional, Provincial and City Probation Officers and their
probationers; assistants and other subordinate personnel not
c. Promote the correction and rehabilitation of inconsistent with this title.
offenders; and
d. Such other functions as may hereafter be provided
by law.
F. FULL TEXT OF PAROLE AND
Section 24. Structural and Personnel Organization. - PROBATION ADMINISTRATION

Crim.
the President in exercising the power of executive

OMNIBUS RULES ON PROBATION clemency; and
AND PROCEDURE. WHEREAS, pursuant to the mandate of the law to redeem
and uplift valuable human resources and prevent excessive
deprivation of liberty, there is a need to provide
G. RESOLUTION NO. 24-4-10 - RE: opportunities to qualified and deserving inmates in order to
ease congestion now plaguing the correctional institutions.
Amending and Repealing Certain Rules and Sections of
WHEREFORE, premises considered, the Board resolves, as
the Rules on Parole and Amended Guidelines for
it is hereby Resolved, to AMEND and REPEAL the following
Recommending Executive Clemency of the 2006
provisions of the Rules on Parole and the Amended
Revise Manual of the Board of Pardons and Parole
Guidelines for Recommending Executive Clemency of the
WHEREAS, Section 19, Article VII of the 1987 Philippine
2006 BPP Revised Manual:
Constitution provides that the President, except in cases of
I. Rule 2.1. of the Rules on Parole is hereby AMENDED to
impeachment or as otherwise provided therein, may grant
read as follows:
reprieves, communications and pardons, and remit fines
"RULE 2.1. Eligibility for Review of A Parole Case - an inmate's
and forfeitures, after conviction by the final judgment;
case may be eligible for review by the board provided:
WHEREAS, in accordance with the above-cited
b. Inmate is serving an indeterminate sentence the
constitutional provision, the President has the plenary
maximum period of which exceeds one (1) year;
power to grant executive clemency, except on the
c. Inmate has served the minimum period of the
following three (3) constitutional limitations to wit:
indeterminate sentence;
1. In cases of impeachment;
d. Inmate's conviction is final and executor;
2. In cases involving of election laws, rules and
In case the inmate has one or more co-accused who had
regulations as provided for in Section 5, Paragraph
been convicted, the director/warden concerned shall
C, Article IX of the 1987 Philippine Constitution
forward their prison records and carpetas/jackets at the
without the favorable recommendation of the
same time.
Commission on Elections; and
d. Inmate has no pending criminal
3. In cases where the conviction is on appeal or has
case; and
not become final and executor;
e. Inmate is serving sentence in
WHEREAS, the eight (8) disqualifications or exceptions
the national penitentiary, unless
enumerated and provided for in Section 5 of the Amended
the confinement of said inmate in
Guidelines for Recommending Executive Clemency of the
a municipal, city, district or
2006 BPP Revised Manual are not in consonance with the
provincial jail is justified.
provisions of Section 19, Article VII of the 1987 Philippine
A national inmate, for purposes of these Rules, is one who
Constitution, constitute as limitations on the pardoning
is sentenced to a maximum term of imprisonment of more
power of the President, and violate the time-honored
than three (3) years or to a fine of more than five thousand
principle of equal protection of the laws enshrined in the
pesos; or regardless of the length of sentence imposed by
Bill of Rights, thus defeating the primary purpose of
the Court, to one sentenced for violation of the customs
restorative justice;
law or other laws within the jurisdiction of the Bureau of
WHEREAS, Section 5, Paragraph a, b, c, d, e, f, g, and h of
Customs or enforceable by it, or to one sentenced to serve
the Amended Guidelines for Recommending Executive
two (2) or more prison sentences in the aggregate
Clemency discriminates against certain criminal offenders
exceeding the period of three (3) years."
and denies them equal opportunity for executive clemency;
II. Rule 2.2, Paragraphs i to l of the Rules on Parole are
WHEREAS, under Section 3 of Republic Act No. 9346,
hereby DELETED for being inconsistent with the provisions
otherwise known as "An Act Prohibiting the Imposition of
of Section 2 of the "Indeterminate Sentence Law", as
Death Penalty in the Philippines", enacted on June 24,
amended. Further, said Rule is hereby AMENDED to read as
2006, persons convicted of offenses punished with
follows:
reclusion perpetua, or whose sentences were reduced to
"RULE 2.2. Disqualifications for Parole - Pursuant to Section 2
reclusion perpetua by reason of this Act shall not be eligible
of Act No. 4103, as amended, otherwise known as the
for parole under Act No. 4103, otherwise known as "The
"Indeterminate Sentence Law", parole shall not be granted
Indeterminate Sentence Law", as amended;
to the following inmates:
WHEREAS, under Executive Order No. 83 dated January 11,
a. Those convicted of offenses punished with death
1937, the Board of Pardons and Parole is mandated to assist
penalty of life imprisonment;

Crim.
b. Those convicted of treason, conspiracy or proposal Order No. 83 dated January 11, 1937. These Guidelines
to commit treason or espionage; create no vested or enforceable rights in persons applying
c. Those convicted of misprision treason, rebellion, for executive clemency."
sedition or coup d' etat; V. Section 3 of the Amended Guidelines for Recommending
d. Those convicted of piracy or mutiny on the high Executive Clemency is hereby AMENDED to read as follows:
seas or Philippine waters; "SECTION 3. Extraordinary Circumstances - The Board shall
e. Those who are habitual delinquents, i.e., those recommend to the President the grant of executive
who, within a period of ten (10) years from the clemency when any of the following extraordinary
date of release from prison or last conviction of circumstances are present:
the crimes of serious or less serious physical a. The trial court or appellate court in its decision
injuries, robbery, theft, estafa, and falsification, are recommended the grant of executive clemency for
found guilty of any of said crimes a third time or the inmate;
oftener; b. Under the peculiar circumstances of the case, the
f. Those who escaped from confinement or evaded penalty imposed is too harsh compared to the
sentence; crime committed;
g. Those who having been granted conditional c. Evidence which the court failed to consider, before
pardon by the President of the Philippines shall conviction which would have justified an acquittal
have violated any of the terms thereof; of the accused;
h. Those whose maximum term of imprisonment d. Inmates who were over fifteen (15) years but
does not exceed one (1) year or those with definite under eighteen (18) years of age at the time of the
sentence; commission of the offense;
i. Those convicted of offenses punished with e. Inmates who are seventy (70) years old and above
reclusion perpetua, or whose sentences were whose continued imprisonment is inimical to their
reduced to reclusion perpetua by reason of health as recommended by a physician of the
Republic Act No. 9346 enacted on June 24, 2006, Bureau of Corrections Hospital and certified under
amending Republic Act No. 7659 dated January 1, oath by a physician designated by the Department
2004; and of Health;
j. Those convicted for violation of the laws on f. Inmates who suffer from serious, contagious or
terrorism, plunder and transnational crimes." life-threatening illness disease, or with severe
III. Rule 2.3 of the Rules on Parole is hereby AMENDED to physical disability such as those who are totally
read as follows: blind, paralyzed, bedridden, etc., as recommended
"RULE 2.3. Review Upon Petition or referral by the by a physician of the Bureau of Corrections
correctional and/or other agencies - a parole case may be Hospital and certified under oath by a physician
reviewed by the Board upon petition or referral by the designated by the Department of Health;
correctional and/or other agencies if inmate is not g. Alien inmates where diplomatic considerations and
otherwise disqualified under Rule 2.2." amity among nations necessitate review; and
IV. Section 1 of the Amended Guidelines for Recommending h. Such other similar or analogous circumstances
Executive Clemency is hereby AMENDED to read as follows: whenever the interest of justice will be served
SECTION 1. Plenary Power of the President to Grant thereby."
Executive Clemency - Under Section 19 Article VII of the VI. Section 4 of the Amended Guidelines for Recommending
Constitution, except in cases of impeachment or as Executive Clemency is hereby AMENDED to read as follows:
otherwise provided therein, the President may grant "SECTION 4. Other circumstances - When none of the
reprieves, commutations and pardons, and remit fines and extraordinary circumstances enumerated in Section 3 exist,
forfeitures, after conviction by final judgment. Executive the Board may nonetheless review and/or recommend to
clemency rests exclusively within the sound discretion of the President the grant of executive clemency to an inmate
the President, and is exercised with the objective of provided the inmate meets the following minimum
preventing a miscarriage of justice or correcting a manifest requirements of imprisonment:
injustice.1avvphi1 A. For Commutation of Sentence, the inmate should
These Guidelines are meant solely for the guidance of the have served:
Board of Pardons and Parole (hereafter the "Board") in the 1. at least one-third (1/3) of the definite or
performance of its duty to assist the President in exercising aggregate prison terms;
the power of executive clemency pursuant to Executive

Crim.
2. at least one-half (1/2) of the minimum of the "SECTION 10. Notice to the Offended Party - In all cases
indeterminate prison term or aggregate when an inmate is being considered for executive
minimum of the indeterminate prison terms; clemency, the Board shall notify the offended party or, in
3. at least ten (10) years for inmates sentenced to the event that the offended party is unavailable for
one (1) reclusion perpetua or one (1) life comment or otherwise cannot be located, the immediate
imprisonment, for crimes/offenses not relatives of the offended party. Said persons shall be given
punished under Republic Act No. 7659 and thirty (30) days from notice to comment on whether or not
other special laws; executive clemency may be granted to an inmate. Provided
4. at least thirteen (13) years for inmates whose that, in matters of extreme urgency or when the interest of
indeterminate and/or definite prison terms justice will be served thereby, such notice may be waived or
were adjusted to a definite prison term of dispensed with by the Board. In such a case, the Board shall
forty (40) years in accordance with the explain the reason for the waiver of such notice in the
provisions of Article 70 of the Revised Penal Board resolution recommending executive clemency."
Code as amended; IX. Section 11 of the Amended Guidelines for
5. at least fifteen (15) years for inmates convicted Recommending Executive Clemency is hereby AMENDED to
of heinous crimes/offenses as defined in read as follows:
Republic Act No. 7659 or other special laws, "SECTION 11. Publication of Names of Those Being
committed on or after January 1, 1994 and Considered for Executive Clemency - The Board shall cause
sentenced to one (1) reclusion perpetua or one the publication once in a newspaper of national circulation
(1) life imprisonment; the names of inmates who are being considered for
6. at least eighteen (18) years for inmates executive clemency. Provided, however, that in cases of
convicted and sentenced to reclusion those convicted of offenses punished with reclusion
perpetua or life imprisonment for violation of perpetua or life imprisonment by reason of Republic Act
Republic Act No. 6425, as amended, otherwise No. 9346, publication shall be once a week for three (3)
known as "The Dangerous Drugs Act of 1972" consecutive weeks.
or Republic Act No. 9165 also known as "The Any interested party may send to the Board written
Comprehensive Dangerous Drugs Act of 2002", objections/comments/information relevant to the cases of
and for kidnapping for ransom or violation of inmates being considered for executive clemency not later
the laws on terrorism, plunder and than thirty (30) days from date of publication.
transnational crimes; Provided that, in matters of extreme urgency or when the
7. at least twenty (20) years for inmates interest of justice will be served thereby, above publication
sentenced to two (2) or more reclusion may be waived or dispensed with. In such publication in the
perpetua or life imprisonment even if their Board resolution recommending executive clemency."
sentences were adjusted to a definite prison IX. This Resolution shall take effect upon approval by the
term of forty (40) years in accordance with the Secretary of Justice and fifteen (15) days after its
provisions of Article 70 of the Revised Penal publication in a newspaper of general circulation. Let
Code, as amended; copies of this Resolution be likewise sent to the Office
8. at least twenty-five (25) years for inmates of the President through the Executive Secretary, and
originally sentenced to death penalty but the University of the Philippines (UP) Law Center.
which was automatically reduced or
commuted to reclusion perpetua or life
imprisonment.
B. For Conditional Pardon, an inmate should have
served at least one-half (_) of the maximum of the
original indeterminate and/or definite prison
term."
VII. Section 5 of the Amended Guidelines for
Recommending Executive Clemency is hereby REPEALED.
VIII. Section 10 of the Amended Guidelines for
Recommending Executive Clemency is hereby AMENDED to
read as follows:

Crim.
G. PROBATION AND PAROLE FLOW CHART

Crim.
H. PAROLE AND PROBATION ORGANIZATIONAL CHART

Crim.

Crim.

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Isabela State University

San Fabian, Echague, Isabela

Reynaldo M. Esmeralda, M.S. Crim.

GOALS OF THE COLLEGE OF ARTS & SCIENCES

OBJECTIVES OF THE PROGRAM

The BS Criminology program aims to:

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Parole and Probation

Student Name: __________________________________________________________________________

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the numerous institutional facilities nationwide which

5. Republic Act No. 9165- Comprehensive Dangerous 2. Non-Institutional Correction or Community-Based

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adjudication. institutional care.

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1. Probation - One of the most common forms of

OTHER ASPECTS OF CORRECTIONS 2. Conditional Pardon-It refers to the

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It is also granted by the President of

b. Amnesty - A general pardon extended to a group

c. Commutation of Sentence - An act of the president

d. Reprieve - A temporary stay of the execution of

The date of execution of sentenced is set back

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5. It is a measure of cutting enormous expends in C. SAVINGS OF PROBATION

5. It helps the offender

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Sec. 67 of Republic act No. 9344: Children Who Reach the

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by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37

In order to heighten the awareness of interdependency WHO IS TEODULO C. NATIVIDAD?

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(e) who are already Probation

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he may submit his comment on xxx

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promulgation of sentence. pardonees.

Executive Order It renamed the Probation

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SECTION 70 OF REPUBLIC ACT NO. 9165. Probation or

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from 6 years and 1 day to 12 years and fine ranging from

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then the accused should be allowed to apply for

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