1. N O N -
I N S T I T U T I O N A L
C O R R E C T I O N
A L M O , A A R O N B R A D
C O R P U Z , M I K H A I L M A R V I N
D O M O - O S , J O H N V I N C E N T
G A L A N G , D I A N E E L I S S E
M A L M I S , D A N I E L L A P A T R I C E
Q U E D D I N G , E V A H A N N I E J A N E
S A P A L O , F R A N C I S M I G U E L
2. Social and political justification for early
discharge or early release of pdl’s via amnesty,
absolute pardon, conditional pardon, parole,
commutation of sentence, allowance for good
conduct; and probation
3. What is pdl’s
PD L OR PERSON DEPRIVED OF LIBERTY REFERS
TO AN INMATE, PRISONER, OR DETAINEE, OR
OTHER PERSON UNDER THE CUSTODY IN ANY
OTHER MANNER.
FOR PREVENTING BRANDING AND SHAMING, THE
DEGORATORY WORD “PRISONER” HAS BEEN
REPLACED BY “PERSON DEPRIVED OF LIBERTY”
(UNDER ARTICLE 10 OF INTERNATIONAL
COVENANT ON CIVIL AND POLITICAL RIGHTS OR
ICCPR
4.
5. What is amnesty
amnesty
BASED ON MERRIAM-WEBSTER
• ACT OF AN AUTHORITY (SUCH AS GOVERNMENT) BY WHICH IS
GRANTED TO A LARGE GROUP OF INDIVIDUALS.
BASED ON SECTION 1 OF PRESIDENTIAL DECREE NO. 1429
• AMNESTY IS HEREBY DECREED IN FAVOR OF ALL PERSONS,
WHO HAVE BEEN ARRESTED OR CHARGED OF VIOLATION OF
RA. NO. 1700 (ANTI-SUBVERSION ACT) AND ARRESTED OR
CHARGED AGAISNT PUBLIC ORDER
6. ANTI-SUBVERSION ACT
WHICH THE CONGRESS DECLARES THE
COMMUNIST PARTY OF THE PHILIPPINES
TO BE AN ORGANIZED CONSPIRACY TO
OVERTHROW THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES FOR THE
PURPOSE OF ESTABLISHING IN THE
PHILIPPINES A TOTALITARIAN REGIME AND
PLACE THE GOVERNMENT UNDER THE
CONTROL AND DOMINATION OF AN ALIEN
POWER.
7. A. IF UNDER ARREST OR CHARGED AS OF THE DATE OF THIS DECREE,
MUST SUBMIT THIS APPLICATION NOT LATER THEN SEPT. 30 1978
• IF NOT UNDER ARREST, MUST SUBMIT APPLICATION WITHIN SIX MONTHS
AFTER HIS ARREST OR SURRENDER.
B. HE MUST RENEW HIS OATH OF ALLEGIANCE TO THE REPUBLIC OF THE
PHILIPPINES AND SWEAR OR AFFIRM TO SUPPORT AND DEFEND THE
CONSTITUTION OF THE PHILIPPINES
C. SURRENDER UNLICENSED AND/OR EXPLOSIVE AND AMMUNITION HE MAY
HAVE
C O N D I T I O N O F G R A N T I N G A M N E S T Y
( S E C T I O N 4 O F P D 1 4 2 9 )
8. A. THOSE WHO HAVE PROMOTED, MAINTAINED OR HEADED A
REBELLION OR INSURRECTION WHILE HOLDING PUBLIC OFFICE OR
EMPLOYMENT. TOOK PART IN
• WAR AGAINST GOVERNMENT
• DESTROY PROPERTY
• COMMITTED SERIOUS VIOLENCE
• DIVERTED PUBLIC FUNDS FROM THE LAWFUL PURPOSE
B. THOSE WHO HAVE BEEN ARRESTED AND/OR :
• MURDER
• HOMICIDE
• SERIOUS PHYSICAL INJURIES
• CRIME AGAINST CHASTITY
• ROBBERY
• PIRACY
• ARSON
R E A S O N / S F O R D I S Q U A L I F I C A T I O N
F R O M A M N E S T Y
• HIJACKING
• VIOLATION OF THE FIREARMS AND
EXPLOSIVE LAW
• ASSAULT UPON AND RESISTANCE
AND DISOBEDIENCE TO PERSONS IN
AUTHORITY AND THEIR AGENTS
9. EXCEPT IF SUCH CRIME WAS
COMMITTED IN FURTHERANCE OF
SUBVERSION OR CRIME AGAINST
PUBLIC ORDER
10. AMNESTY COMMISSION
CREATED OR DESIGNATED BY THE PRESIDENT, TO EXAMINE FACTS AND
CIRCUMSTANCES SURROUNDING EACH CASE, CONDUCT SUMMARY
HEARING AND SUBMIT APPROPRIATE RECOMMENDATION TO THE
PRESIDENT OF THE PHILIPPINES
11. PARDON BY CHIEF EXECUTIVE
PARDON
• A DECISION OF THE GOVERNMENT TO ABSOLVE A PERSON OF GUILT FOR AN
ALLEGED CRIME.
• IT HAS THE EFFECT OF EXTINGUISHING THE CRIMINAL LIABILITY OF AN OFFENDER
ARTICLE 89 AND ARTICLE 94 OF THE REVISED PENAL CODE STATES THAT CRIMINAL
LIABILITY MAY BE TOTALLY OR PARTIALLY EXTINGUISHED BY ABSOLUTE AND
CONDITIONAL PARDON
12. ABSOLUTE PARDON
WHO GRANT ABSOLUTE PARDON
IS TOTAL EXTINCTION OF THE CRIMINAL LIABILITY OF A
PDL THAT WILL RESULT IN THE FULL RESTORATION OF
THEIR CIVIL AND POLITICAL RIGHTS
MAYBE GRANTED BY THE PRESIDENT OF THE PHILIPPINES
WHO MAY FILE a petition for absolute pardon
A PERSON MAY FILE A PETITION FOR ABSOLUTE PARDON
IF THE MAXIMUM SENTENCE IS SERVED OR GRANTED
FINAL RELEASE AND DISCHARGE OR COURT
TERMINATION OF PROBATION.
13. CONDITIONAL PARDON
WHO GRANT ABSOLUTE ARDON
• CONDITIONAL EXEMPTION OF GUILT OF THE OFFENDER FOR THE
PUNISHMENT IMPOSED BY A COURT
• A CERTAIN CONDITION AS IMPOSED BY THE GOVERNMENT
AUTHORITY
MAYBE GRANTED BY THE PRESIDENT OF THE PHILIPPINES
WHO MAY FILE a petition for CONDITIONAL
pardon
A PRISONER WHO HAS SERVED AT LEAST ONE-HALF (1/2)
OF THE MAXIMUM OF THE ORIGINAL INDETERMINE
AND/OR DEFINITE PRISON TERM .
14. BOTH ABSOLUTE AND CONDITIONAL
PARDON ARE EXERCISED BY THE CHIEF
EXECUTIVE, WHICH IS ENUMERATED IN ART.
36 OF RPC, UNLESS THE LAW PROVIDES
OTHERWISE
N O T E
15. PAROLE
WHO MAY GRANT PAROLE?
• ALLOWS THE PRISONER TO SERVE IT
SENTENCE OF IMPRISONMENT IN THE
COMMUNITY.
• THE PDL WILL BE SUBJECT TO PAROLE
CONDITIONS AND UNDER SUPERVISION
• SERVING PART OF THE PRISON SENTENCE IN
THE COMMUNITY TO REINTEGRATE INTO THE
COMMUNITY
tHE BOARD OF PARDONS AND PAROLE, AN
AGENCY UNDER THE OFFICE OF SECREATARY
OF JUSTICE.
16. ELIGIBILITY FOR A PAROLE CASE.
• INMATE IS SERVING
SENTENCE AN
INDETEMINATE SENTENCE
PERIOD OF WHICH
EXCEEDS 1 YEAR
• HAS SERVED THE
MINIMUM PERUIOD OF
THE INDETERMINATE
SENTENCE.
• CONVICTION IS FINAL OR
EXECUTORY
4. HAS NO PENDING CASE
5. INMATE IS SERVING A
SENTENCE IN A NATIONAL
PENINTENTIARY, UNLESS THE
CONFINEMENT OF SAID
INMATE IN A MUNICIPAL,
CITY, DISTRICT, OR
PROVINCIAL JAIL IS JUSTIFIED
17. DISQUALIFICATION OF PAROLE
• CONVICTED OF OFFENSES PUNISHED WITH THE DEATH PENALTY
• CONVICTED OF TREASON, CONSIPIRACY, OR PROPOSAL TO COMMIT TREASON OR ESPIONAGE
• CONVICTED OF MISPRISON OF TREASON, REBELLION, SEDITION, OR COUP D’ETAT
• CONVICTED OF PIRACY OR MUTINY ON THE HIGH SEAS OR PHILIPPINE WATERS
• WHO ARE HABITUAL DELIQUENT
• ESCAPED FROM CONFINEMENT OR EVADED SENTENCE
18. DISQUALIFICATION OF PAROLE
7. BEEN GRANTED CONDITIONAL PARDON BY THE PRESIDENT OF THE PHILIPPINES SHALL HAVE
VIOLATED ANY OF THE TERMS
8. PDLs WHOSE MAXIMUM TERM OF IMPRISONMENT DOES NOT EXCEED ONE (1) YEAR OR THOSE WITH
DEFINE SENTENCE
9. CONVICTED OF OFFENSES PUNISHED WITH RECLUSION PERPETUA, OR SENTENCE REDUCED TO
RECLUISON PERPETUA BY REASON OF RA NO. 9346 (AN ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES)
10. CONVICTED FOR VIOLATION OF THE LAWS ON TERRORISM, PLUNDER, AND TRANSNATIONAL
CRIMES.
19. it is the reduction of the period of a
prison sentence
C O M M U T A T I O N O F S E N T E N C E
WHAT IS COMMUTATION OF SENTENCE?
THE PRESIDENT OF THE PHILIPPINES
Who granted commutation of sentence to the PDLs?
20. WHO MAY FILE A PETITON FOR COMMUTATION OF SENTENCE
The Board may review the petition of a prisoner for commutation of sentence if the
following minimum.
requirements are met:
(a) At least one-third (1/3) of the definite or aggregate prison terms;
(b) At least one-half (1/2) of the minimum of indeterminate or aggregate minimum
of the indeterminate prison term.
(c) At least ten (10) years for inmates sentenced to one (1) Reclusion Perpetua or
one (1) life imprisonment, for crimes/offenses not punishable under Republic Act
No. 7659 and other special laws.
(d) At least thirteen (13) years, for inmates whose indeterminate and/or definite
prison term were adjusted to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as
amended;
21. WHO MAY FILE A PETITON FOR COMMUTATION OF SENTENCE
(e) At least fifteen (15) years for inmates convicted of heinous crimes as defined in
Republic Act No. 7659 committed on or after January 1, 1994 and sentenced to one
(1) Reclusion Perpetua or one (1) life imprisonment;
(f) At least eighteen (18) years for inmates sentenced to Reclusion Perpetua or life imprisonment for
violation of RA 6495, as amended, otherwise known as “The Dangerous Drugs Act of 1972”, or RA 9165,
also known as “The Comprehensive Dangerous Drugs Act of 2002”, and for kidnapping for ransom, or
violation of the laws on terrorism, plunder, and transnational crimes;
(g) At least twenty (20) years, for inmates sentenced to two (2) or more Reclusion
Perpetua or life imprisonment even if their sentences were adjusted to a definite
prison term of forty (40) years in accordance with the provisions of Article 70 of the
Revised Penal Code, as amended;
(h) At least twenty-five (25) years for inmates originally sentenced to death penalty
but which was automatically reduced or commuted to Reclusion Perpetua or life
imprisonment.
22. allowance for good conduct
what is allowance for good conduct
IS A SENTENCE REDUCTION PROVISION AFFORDED PRISONERS WHO SHOW GOOD CONDUCT
Based on article 97. Allowance for Good Conduct is the good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code, or of any penal institution,
rehabilitation or detention center or any other local jail shall entitle him to the following deductions
from his or her sentence:
1. During the 1st two years of imprisonment, deduction of “twenty days (20) for each month
2. 3rd to 5th year of imprisonment, deduction of “twenty-three days (23) for each month
3. Following years until 10th year, deduction of “twenty-five days (25) each month
4. 11th and successive years of his imprisonment, deduction of “thirty days (30) for each month
5. He or she can deduct fifteen days (15) for each month of study, teaching or mentoring service time
rendered.
23. 1. If an accused is a recidivist
2. If an accused has been convicted previously
twice or more of any crime and
3. If an accused who being summoned for the
execution of his sentence, has failed to failed
to surrender voluntarily before a court of law.
W H O A R E D I S Q U A L I F I E D O N H A V I N G A L L O W A N C E
F O R G O O D C O N D U C T ?
24. probation
what is probation?
ANT SENTENCED OFFENDER, NOT DISQUALIFIED,
CAN APPLY FOR PROBATION BEFORE SERVING
THEIR PRISON/JAIL SENTENCE
PRIVILEGE GRANTED BY THE COURT TO
A PERSON CONVICTED OF A CRIMINAL
OFFENSE TO REMAIN IN THE
COMMUNITY INSTEAD OF ACTUALLY TO
PRISON/JAIL
WHO CAN APPLY PROBATION?
25. DISQUALIFICATION FOR PROBATION
A. Those who are sentenced to serve a maximum term of imprisonmentof more thansix (6) years;
b. Those who are convicted of any crime against the national security;
c. Those who have previously been convicted by final judgment of an offense punished
by imprisonment of more than six (6) months and one (1) day and /or a fine of more than
one thousand (Php1,000.00)
pesos;
d. Those who have been once on probation under the provisions of this Decree; and
e. Those who are already serving sentence at the time thesubstantive provisions of
this Decree became applicable pursuant to Section 33 hereof.
26. DISQUALIFICATION FOR PROBATION
f. Those legally disqualified under special penal laws:
(1) Offenders found guilty of any election offense in accordance with Section 264 of
BP
Blg. 881 (Omnibus Election Code);
(2) Offenders found guilty of violating RA No. 6727 (Wage Rationalization Act, as
amended);
(3) Offenders found guilty of violating RA No. 9165, The Comprehensive Dangerous
Drugs
Act of 2002, except Section 12, 14, 17, and 70. member of the community (if probationer
is unable to file the bond).
