This document provides information about correction and the correction process. It defines correction and describes it as the 4th pillar of the Philippine criminal justice system. It outlines the types of correction as institutional and non-institutional. It also discusses prisons and jails, noting that prisons are for sentences over 3 years while jails are for under 3 years. The document then covers the history and theories of punishment and penology. Finally, it outlines the Bureau of Jail Management and Penology's powers, functions, and operating manual regarding inmate commitment and discipline.

2. CORRECTION – Is the act of correcting or setting right; the act or process of
disciplining or chastening.
CORRECTION – As used operationally is defined as the branch of the
administration of justice charged with the responsibility for
the custody, supervision and rehabilitation of convicted
offenders.
– It is considered as the 4th pillar in the Philippine Criminal
Justice System. This pillar takes over once the accused, after
having found guilty, is meted out the penalty for the crime
he committed. It is also considered as the weakest pillar.

3. CORRECTION AS A PROCESS
Correction as a process is the reorientation of the criminal
offender to prevent him or her from repeating his delinquent
actions without the necessity of taking action but rather
introduction of individual measures of reformation.

4. TYPE OF CORRECTION
INSTITUTIONAL CORRECTIONS
– Confinement of convicted person in jail or in prison.
NON–INSTITUTIONAL CORRECTIONS
– Is the correction and rehabilitation of convicted person
through parole and probation.

5. PRISON
Institution for the confinement of
convicted person with an imprisonment
of more than three (3) years.
JAIL
Institution for the confinement of
persons who are awaiting final
disposition of their criminal cases or
who are convicted of minor offense or
felonies and also for the confinement of
those convicted with an imprisonment
of less than three (3) years.

6. Penology is the study of punishment for crime or of criminal offenders. It
includes the study of control and prevention of crime through punishment of
criminal offenders. It is a term derived from a Latin word “POENA” which,
means pain or suffering.
It is also known as Penal Science. It is actually a division of criminology that
deals with prison management and the treatment of offenders, and concerned
itself with the philosophy and practice of society in its effort to repress
criminal activities.

7. History has shown that there are three main legal systems in the
world, which have been extended to and adopted by all countries
aside from those that produced them. In their chronological order,
they are the Roman, the Mohammedan or Arabic and the Anglo-
American laws. Among the three, it was Roman law that has the most
lasting and most pervading influence.
Code of Hammurabi
Mosaic Code
Ur–Nammu’s Code
Justinian Code
Greek Code of Draco
Burgundian Code

8. First came to light some 1750 B.C. in
Babylonia, credited as the oldest code
prescribing savage punishment. This ancient
body of laws has its core principle, a principle
of justice known as lex taliones or “an eye for
an eye and a tooth for a tooth”

9. A code premised the concept of retribution, it is
also carried restitution because it allows the
offender and the victim to come to settlement
and to have such settlement decided to the legal
authorities.

10. Decreed the imposition of restitution and fines
of execution, mutilation and other savage
penalties. It holds the principle that offenders
can be punished and at the same time the
victims paid by making the offender reimburse
the victim for the value of whatever has been
taken or suffered by him as a result of a crime.

11. This code became the standard law in all the
areas occupied by the roman empire particularly
in Europe. This code was a revision of the
twelve tables of Roman Law.
Twelve Tables of Roman Law (XII Tabulae)
originated about 500 B.C. These twelve tables
contain every crime in those days and specified
the penalty for every offense listed in the said
tables. It is the foundation of all public and
private law of the Romans until the time of
Justinian.

12. In Greece, the code of Draco, a harsh code that
provides the same punishment for both citizens
and the slaves as it incorporates punitive
concepts (Vengeance, Blood Feuds). The
Greeks were the first society to allow any
citizen to prosecute the offender in the name of
the injured party.

13. The code which specified punishment according
to the social class of offenders, dividing them
into: nobles, middle class and lower status. An
offender had to pay the specified value in order
not to undergo physical sufferings as penalty.
An offender who cannot pay will be subjected
to the death penalty.

14. Punishment is the redress that the state takes against an
offending member of society that usually involves pain and
suffering. It is also the penalty imposed on an offender for a
crime or a wrong doing.
It has been said that punishment must be intended and not
accidental to produce suffering on the offender.

15. DEATH PENALTY
PHYSICAL TORTURE – it is an inhumane or barbaric forms of
inflicting pain.
SOCIAL DEGRADATION – putting the offender into shame or
humiliation.
BANISHMENT OR EXILE – the sending or putting away of an
offender which was carried out either by prohibition against coming
into a specified territory such as an island to where the offender has
been removed.
Other similar forms of punishment like transportation and slavery.

16. BURNING
BEHEADING
CRUCIFIXION
DROWNING
FIRING SQUAD
ELECTROCUTION/ELECTRIC CHAIR
HANGING
LETHAL GAS CHAMBER
QUARTERING OF THE BODY
FEEDING TO WILD ANIMALS

17. STRAPPADO
FLOGGING
PUBLIC WHIPPING
MUTILATION
USE OF HEAVYWEIGHTS
STOCK

18. BRANDING
PILLORY
SHAVING OF HAIR

19. HARD LABOR – productive works.
DEPRIVATION – deprivation of everything except the essentials of
existence.
MONOTONY – giving the same food that is “off” diet, or requiring the
prisoners to perform drab or boring daily routine.
UNIFORMITY – ‘we treat the prisoners alike”, “the fault of one is the fault
of all”.
MASS MOVEMENT – mass living in cellblocks, mass eating, mass
recreation, mass bathing.
DEGRADATION – uttering insulting words or languages on the part of
prison staff to the prisoners to degrade or break the confidence of prisoners.
ISOLATION or SOLITARY CONFINEMENT – no communication, limited
news, “the lone wolf”

20. IMPRISONMENT – putting the offender in prison for the purpose of
protecting the public against criminal activities and at the same time
rehabilitating the prisoners by requiring them to undergo institutional
treatment program.
PAROLE – a conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to
free life under the guidance and supervision of a parole officer.
PROBATION – a disposition whereby a defendant after conviction of an
offense, the penalty of which does not exceed six (6) years imprisonment, is
released subject to the conditions imposed by the releasing court and under
the supervision of a probation officer.
FINE – an amount given as a compensation for a criminal act.
DISTIERRO – the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25 kilometer
perimeter.

21. RETRIBUTION – the punishment should be provided by the state whose
sanction is violated, to afford the society or the individual the opportunity of
imposing upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it.
EXPIATION or ATONEMENT – it is punishment in the form of group
vengeance where the purpose is to appease the offended public or group.
DETERENCE – punishment gives lesson to the offender by showing to
others what would happen to them if they violate the law.
INCAPACITATION or PROTECTION – the public will be protected if the
offender has being held in conditions where he cannot harm others
especially the public. Punishment is effected by placing offenders in prison
so that society will be ensured from further criminal depredations of
criminals.
REFORMATION or REHABILITATION – it is the establishment of the
usefulness and responsibility of the offender. Society’s interest can be better
served by helping the prisoner to become law abiding citizen and
productive upon his return to the community by requiring him to undergo
intensive program of rehabilitation in prison.

22. 18th Century is a century of change. It is the period of
recognizing human dignity. It is the movement of reformation,
the period of introduction of certain reforms in the
correctional field by certain person, gradually changing the
old positive philosophy of punishment to a more humane
treatment of prisoners with innovational programs.

23. PIONEERS OF REFORMATION
WILLIAM PENN – He fought for religious freedom and individual right. He is
the first leader to prescribe imprisonment as correctional treatment for major
offenders. He is also responsible for the abolition of death penalty and torture as
a form of punishment.
CHARLES MONTESIQUIEU – He was a French historian and philosopher who
analyzed law as an expression of justice. He believe that harsh punishment
would undermine morality and that appealing to moral sentiments as a better
means of preventing crime.
VOLTAIRE (FRANCOIS MARIE AROUET) – He was the most versatile of all
philosophers during this period. He believes that fear of shame was a deterrent
to crime. He fought the legality-sanctioned practice of torture.
CESARE BECCARIA – States that punishment should be less arbitrary and
severe; that all people who violated the law should received identical
punishment regardless of age, wealth, sanity or position in life. “An essay on
crimes and punishment”

24. JEREMY BENTHAM – He proposed “Utilitarian Hedonism”, the theory, which
explains that a person always acts in such a way as to seek pleasure and avoid
pain. He is also the greatest leader in the reform of English criminal law. He
believes that whatever punishment designed to negate whatever pleasure or
gain the criminal derives from crime, the crime rate would go down. Bentham
was the one who devise the ultimate PANOPTICAN PRISON. A prison that
consist of a large circular building containing multi cells around the periphery.
JOHN HOWARD – The great prison reformer who wrote “The State of Prison in
England”. He devoted his life and fortune to prison reform. After his findings on
English Prisons, he recommended the following: single cell for sleeping,
segregation of youth, provision of sanitation facilities, abolition of fee system by
which jailers obtained money from prisoners.
THE REFORMATORY MOVEMENT
ALEXANDER MACONOCHIE – He is the father of modern Penology who
introduced the Progressive Stage or the Mark System. It is a system in which a
prisoner is required to earn a number of marks based on proper department,
labor and study in order to entitle him for a ticket for leave or conditional release
which is similar to parole.

25. MANUEL MONTESIMOS – The Director of prisons in Valencia Spain, who
divided the number of prisoners into companies and appointed certain prisons
as petty officers in charge, which allowed good behavior to prepare the convict
for gradual release.
SIR EVELYN RUGGLES BRISE – The Director of the English Prison who opened
the Borstal Institution for young offenders. It is considered as the best reform
Institution for young offenders today.
WALTER CROFTON – He is the Director of the Irish Prison in 1854. He
introduced the progressive Humane System.
ZEBULON BROCKWAY – The first Director of the Elmira Reformatory in New
York. It is considered as the forerunner of modern Penology because it had all
the elements of a modern system. It features training school type of Institutional
program, compulsory education of prisoners, casework methods, extensive use
of parole, indeterminate sentence.

26. THE AUBURN PRISON SYSTEM – 1819
EUROPE – The prison system called the
“Congregate System”. The prisoners are
confined in their own cells during the night and
congregate work in shops during the day.
Complete silence was enforced.
PENNSYLVANIA PRISON SYSTEM – 1829 USA –
The prisons system called “Solitary System”.
Prisoners are confined in single cells day and night
where they lived, they slept, and they ate and
receive religious instructions. Complete silence was
also enforced. They are required to read the bible.

27. DETENTION PRISONERS – Those detained for investigation,
preliminary hearing, or awaiting trial. A detainee in a lock up jail. They
are prisoners under the jurisdiction of Courts.
SENTENCED PRISONERS – Offenders who are committed to the jail or
prison in order to serve their sentence after final conviction by a
competent court. They are the prisoners under the jurisdiction of penal
institutions.
PRISONERS ON SAFEKEEPING – Includes non-criminal offenders who
are detained in order to protect the community against their harmful
behavior. Example; mentally deranged individuals, insane person.

28. LOCK–UP JAILS – I s a security facility, common to police stations, used
for temporary confinement of an individual held for investigation.
ORDINARY JAILS – Is the type of jail commonly used to detained a
convicted criminal offender to serve sentence less than three (3) years.
WORKHOUSES, JAIL FARMS OR CAMP – A facility that houses
minimum custody offenders who are serving short sentences or those
who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure
time activities.

29. POWERS OF THE BJMP
The Bureau shall exercise supervision and control overall districts,
city and municipal jails to ensure a secured, clean, sanitary and
adequately equipped jail for the custody and safekeeping of city and
municipal prisoners, any fugitive from justice or persons detained
awaiting investigation or trail and transfer to the National
Penitentiary, and any violent, mentally ill person who endangers
himself or the safety of others.

30. FUNCTIONS OF THE BJMP
Inline with its mission, the Bureau endeavors to perform the following:
1. Formulate policies and guidelines on the administration of all
districts, city and municipal jails nationwide;
2. Formulate and implement policies for the programs of correction,
rehabilitation and treatment of offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs
for the improvement of jail services throughout the county.

31. ORGANIZATION & KEY POSITION IN THE BJMP
The Bureau of Jail Management and Penology also referred to as the
Jail Bureau, was created pursuant to section 60, R.A. no. 6975, and
initially consisting of uniformed officers and members of the Jail
Management and Penology service as constituted under P.D. no. 765.
The Bureau shall be headed by a chief with the rank of Director, and
assisted by a Deputy Chief with the rank of Chief Superintendent.

32. OPERATING MANUAL
II COMMITMENT OF INMATE
SEC. 3 A prisoner shall be received in the jail upon presentation of a
commitment order or mittimus in due form issued by a competent
court or authority.
SEC. 4 The mittimus shall be signed by the judge of the RTC which
sentenced the prisoner. If the signature of the judge cannot be secure,
the mittimus shall bear the seal of the court and signed by the clerk
of court. The mittimus shall always be addressed to the warden and
shall state the name of the prisoner, the offense committed, and the
length of the sentenced and of the subsidiary imprisonment. If the
case is on appeal, the said fact shall be stated in the mittimus.

33. SEC. 5 A detention prisoner shall be received in the jail upon the
presentation of a written order for his detention thereat issued by the
judge of the court having jurisdiction over the case of the detention
prisoner or other committing authority. The order shall be signed by
the judge or other committing authority and shall state the name of
the prisoner and the offense charged or cause of his detention.

34. IV DISCIPLINE OF INMATES
SEC. 19 The Disciplinary Board shall recommend to the warden the
imposition of any of the following disciplinary measures which are
listed hereunder.
• Close confinement in a cell for a consecutive period not
exceeding 7 days in any calendar month. This shall only be
imposed in the case of an incorrigible prisoner, when all
disciplinary measures as listed below have been proven
ineffective.
• Extra work duty
• Cancellation of visiting privileges
• Cancellation of some or all recreational privileges
• Reprimand

35. SEC. 23 an inmate is strictly prohibited from:
• Making untruthful statement or lies in official communication, transaction
or investigation.
• Keeping or concealing keys or locks to areas which are off limits to
prisoners.
• Giving gifts, selling to or bartering with jail personnel.
• Keeping his possession money, jewelry or other contrabands which the rules
prohibited.
• Tattooing others or allowing himself to be tattooed or keeping any
paraphernalia used in tattooing.
• Forcibly taking or extracting money from fellow inmates.
• Punishing or inflicting injury or harm upon himself or other inmates.
• Receiving, keeping and taking or imbibing liquor and other prohibited
drugs.
• Making, improvising or keeping any kind of deadly weapon.
• Concealing or withholding information on plans of attempted escapes.
• Unruly conduct and behavior.

36. • Escaping or attempting to escape.
• Helping or aiding others to escape.
• Fighting or participating in or promoting a riot or other disturbance.
• Indecent, immoral or lascivious conduct.
• Disrespect or willful disobedience to a lawful order issued by an officer or
member of the custodial force.
• Assaulting any officer or member of the custodial force.
• Damaging any government-issued property or equipment.
• Joining any gang or group whose main purpose is to promote factionalism
and rivalry inside the jail.
• Failing to inform the authorities concerned when afflicted with any
communicable disease.
• Engaging in gambling activities or any game of chance.
• Committing any act which is prejudicial to good order and discipline or in
violation of any law or ordinance. In the latter case, the inmates shall be
prosecuted criminally in accordance with the law.

37. VI TREATMENT OF FEMALE AND SPECIAL INMATES
SEC. 30 National female prisoner shall immediately be referred to a national
penal institution.
SEC. 31 Female inmates shall be segregated from male inmates.
SEC. 32 Inmates with special needs such as drug dependants, alcoholics and
mentally ill inmates shall be segregated from the other inmates and
provided with closer supervision and specialized treatment if available.
SEC. 33 A youth inmate or one below 18 years of age shall, where the
facilities permit, be provided with quarters separate from the other inmates.
A youth detention prisoner maybe released on recognizance to the custody
of his parents or to a suitable person who shall be responsible for the youth
appearance in court whenever required.
SEC. 34 On the receipt of an alien inmate, the warden shall notify the
Commission of Immigration re his name, nationality or no. of his alien
certificate, offense committed and court imposing the sentence.

38. • No female offender shall be subjected to any disciplinary punishment that
may affect her unborn or nursing child.
• No handicapped offender shall be made to suffer a punishment that might
affect his health or physical well being.
• Corporal punishment, confinement in dark, ill-ventilated cells and any
other form of cruel, unusual, inhumane or degrading punishment are
absolutely prohibited.
• Whenever the penalty of extra-fatigue duty or solitary confinement
imposed affect the health of the offender, medical examination shall be
conducted to determine his physical fitness to serve his punishment.
• The jail physician shall visit the inmate undergoing punishment when
necessary and shall advise the warden if he recommends the termination
of the punishment on grounds of physical and mental health.
• Instrument of restraint such as handcuffs, leg iron and straightjacket are
not to be applied as a form of punishment. They shall only be used as a
precautions to prevent the offender from injuring him self or others.

39. Special offenders includes women offenders, drug addicts, alcoholics,
mentally ill persons, and sex deviates.
Unusual offenders should not be held in jails or prison with the common
jail/prison population. They should be segregated with other institution as
their temporary detention houses. However special methods of treatment
shall be made such as the following:
FEMALE OFFENDERS
The women's quarter should be fully separated from the men quarters and
no men shall be allowed to enter the women’s quarter. Female jail staff
members must do all handling and supervision of female prisoners. Only
works suitable to their sex, age and physical conditions should be assigned
to them.
DRUG ADDICTS, ALCOHOLICS, SEX DEVIATES AND MENTALLY-ILL
INMATES
They must be controlled through segregation and close supervision, the
medical officer shall make special treatment/medications, measures should
be taken to enable the offender to follow strictly the physicians advice,
constant search must be conducted to the quarters or cells for seizure of
narcotics and other dangerous drugs, liquor and transfer of the inmate to the
appropriate government or private authority for their special treatment.

40. VII GOOD CONDUCT AND TIME ALLOWANCE
SEC. 35 the Director may grant GCTA to reduce or diminish the sentence of
a prisoner as a reward for good conduct, diligence and loyalty as follows.
• 1 day deduction for a week of good behavior.
• During the 1st 2 years of imprisonment, a prisoner shall be allowed a
deduction of 5 days for each month of good behavior.
• During the 3rd year of imprisonment he shall be allowed 8 days for each
month of good behavior.
SEC. 38 The GCTA that is earned may not be revoked. It maybe deprived by
reason for misconduct maybe restored at the discretion of the Director.
SEC. 40 A special time allowance for loyalty consisting of a deduction of 1/5
of the period

41. SEC. 41 Jail inmates shall enjoy the following privileges
a. To write letters provided the expenses shall be borne by the
inmates
b. Receive books, letters, magazines authorized by the warden
c. To receive food subject to inspection and approval by the jail
officials
d. To smoke cigarettes at designated places
e. To be visited and treated in jail by his personal doctors or dentist
if authorized by the warden and his own expense.
f. To be paid compensation for labor her performed
g. To be visited by his attorney.

42. IX VISITING PRIVILEGES AND PROCEDURES
SEC. 42 Each visitor coming into the jail and the articles or property in his
possession shall be inspected to whatever degree is consistent with the jails
security needs. Refusal to a search shall result in denial visit.
SEC.44 Jail inmates are authorized to have such number of visitors as
maybe allowed by the warden considering the available spaces.
SEC.45 Visiting hours and day shall be designated by the warden
SEC.46 The attorney of record of an inmate may upon request visit his client
beyond visiting days and hours.
SEC. 47 Visiting area rules and regulations

43. SEC. 47 Visiting area rules and regulations:
• Alcoholic beverages, any type of bladed instrument and medicine
or drugs of any kind shall not be allowed.
• Visitors must be dressed in an acceptable be limited to greetings
and farewells.
• The inmate and visitor shall depart from the visiting area once the
announcement of the completion of visiting.
• The visit of an offending party may be terminated at the discretion
of the jail guard on duty.
SEC. 48 An inmate may make a collect telephone call outside the jail
in case of an emergency such as the death or tragic accident of a close
relative or circumstances of extreme consequence to be monitored by
the jailer in charge.

44. SEC. 49 All incoming and outgoing mails shall be censored. Inmates
may correspond with anyone except other inmates , parolees, and
probationers except when authorized by the warden.
X MOVEMENT OF PRISONERS
SEC. 50 A prisoner may be brought out from jail in any of the
following circumstances:
a. to appear or attend as witness or accused in preliminary
investigation, arraignment or hearing.
b. To appear as a witness in any investigation or formal inquiry
being conducted by a government agency.
c. To view the remains of a deceased relative.
d. To undergo medical examination in an outside hospital.

45. SEC. 59 A prisoners or his relative may file a written request with the warden for
authority to view the remains of a deceased relative within the 2nd degree of
consanguinity.
SEC. 60 The request shall be supported by the following documents:
a. Death certificate of the deceased relative duly certified
b. burial permit
c. appropriate certificate as proof of relationship within the 2nd degree of
consanguinity.
SEC 63. prisoner allowed to stay not more than 3 hrs in the place where the
remains lie in state . Shall not be allowed to join the funeral cortege.
a. Beyond 30 km or cant return to confinement facility during the daylight
b. Record of escape
c. 2 or more pending criminal cases
SEC. 65 The prisoner shall turn over to the warden such amount that may be
necessary to pay for his transportation and meal expenses and those of the jail
guards escorting him.

46. SEC. 67 an inmate who is allowed to leave the premises of a jail shall:
a. 2 escorts guards in uniform
b. Not allowed to go unauthorized destination

47. HISTORY OF EARLY PHILIPPINE PRISON
SYSTEM
Prior to the coming of the Spaniards and
immediately soon after their arrival, the penal system of
this country was jurisdictionally local and tribal. It
consisted mostly of native mores and customs
administered by regional chieftains.
The more notable ones were:
1. Maragtas Code of Datu Sumakwel
2. Kalantiao Code of Datu Kalantiao
3. Sikatuna Code and others.
The most extensive among these codes was the Code of
Kalantiao.

48. The inception of prison system in the Philippines
started during the Spanish Regime dating back
in 1521 through Royal Decrees, Orders,
Ordinances, Rules and Regulations
promulgated by the King of Spain.
Two known Royal Decrees were enforced,
namely:
Recopelacion de las Leyes de India
Ley Engiciamento Criminal

49. 1. Old Bilibid Prison
- Orquita , Manila 1847
- constructed and opened by a Royal Decree in
1865.
- Central confinement for Filipinos who
transgresses the Spanish laws.
- April 10, 1866- opened

50. 2. San Ramon Penal Colony
- Zamboanga City
- Established on August 29, 1869
- Confine muslim rebels and political prisoners
- Ramon Blanco- founder of Spanish royal
army
- Opened August 31, 1870
- Closed during Spanish American war 1898
- Re-opened in 1904
- Oldest among 7 penal system

51. 3. Iwahig Penal Colony
- Puerto Princesa City Palawan
- Established Nov. 16, 1904 by virtue of Phil
Commission Act of 1407
- The establishment of this penal colony is to serve as
an institution for incorrigibles envisioned by
Governor Luke E. Wright and ordered by Governor
Forbes in January 23, 1904.
- Later, it became the colony for well-behaved and
declared tractable prisoners. It enjoys the reputation
of being the best open institutions in the world over.
- It has four (4) sub-colonies, namely: 1) Sta. Lucia
Sub-Colony, 2) Inagawan Sub-Colony, 3)
Montible Sub-Colony, and 4) Central sub-Colony.
Its area is 36,000 hectares.

52. 4. Correctional Institution for Women
- Created by virtue of Act No 3579
- Established on Nov 27, 1929
- Opened 1931
- Lone women's prison in the country
- in Welfareville, Mandaluyong
- This institution was established in a 18-
hectare land

53. 5. Davao Penal Colony
- By virtue of RA 3732 and Proclamation No.
414 in Panabo, Davao del Norte
- This colony was established by Gen.
Paulino Santos, Director of Prisons on
January 21, 1932 in accordance with Act No.
3732 and Proclamation No. 414 series of 1931

55. Refer to that method of correcting sentenced offenders
without having to go to prison.
Not all convicted offenders have to serve their sentence
behind bars. Some are allowed to stay in the
community, subject to the conditions imposed by the
government.
Parole and Probation are two forms of non-institutional
or community based corrections.

56. Indeterminate sentence (R.A. 4103) is closely
connected with parole. An indeterminate sentence is
one with minimum and maximum periods of
imprisonment. The prisoner is not eligible for parole
considerations until he has served his minimum
sentence.

57. PURPOSE OF THE LAW AND DUTY OF THE BOARD
The purpose of Act No. 4103, as amended, otherwise
known as the “Indeterminate Sentence Law”, is to uplift
and redeem valuable human material to economic
usefulness and to prevent unnecessary and excessive
deprivation of personal liberty. Under Section 5 of said
act, it is the duty of the Board of Pardons and Parole to
look in to the physical, mental and moral record of
prisoners who are eligible for parole and determine the
proper time of release of such prisoners on parole.

58. The release of prisoners before the expiration of his
maximum sentence is what is called Parole.
The board defines “PAROLE” as the conditional release
of an offender from a penal or correctional institution
after he has served the minimum period of his prison
sentence under the continued custody of the state and
under conditions that permit his re-incarceration if he
violates a condition for his release.

59. It is the administrative arm of the President of the
Philippines in the exercise of his constitutional power to
grant Parole.
Board of Pardons and Parole is composed of 7 members
all appointed by the President of the Philippines.
1. Secretary of Justice acting as Chairman
2. Sociologist
3. Psychologist
4. Clergyman
5. Educator
6. Lawyer
7. At least 1 woman

60. Section 2 of Act No. 4103, as amended, otherwise known
as the “Indeterminate Sentence Law”, said act shall not
apply, and parole shall not be granted, to the following
prisoners.
a. Those convicted of an offense punished with the death
penalty, reclusion perpetua or life imprisonment.
b. Those convicted of treason, conspiracy or proposal to
commit treason or espionage.
c. Those convicted of misprison of treason, rebellion,
sedition or coup d’ etat.
d. Those convicted of piracy or mutiny on the high seas
on Philippine waters.

61. e. Those who are habitual delinquents
f. Those who escaped from confinement or evaded
sentence.
g. Those who having been granted conditional pardon by
the President of the Philippines shall have violated any
of the terms thereof.
h. Those whose maximum term of imprisonment does
not exceed one (1) year or those with definite sentence.
i. Those suffering from any mental disorder as certified
by a government psychiatrist/psychologist.
j. Those whose conviction is on appeal or has not yet
become final and executory.
k. Those who have a pending criminal case for an offense
committed while serving sentence.

62. A parole case may be reviewed by the board upon petition or
moto proprio. Where a petition is filed by, or on behalf of, a
prisoner, the form of said petition shall substantially comply
what that prescribed by the Board and shall clearly show the
following:
a. That the prisoner’s case eligible for review by the board
• The petitioner is confined in prison to serve an
indeterminate sentence, the maximum period of which
exceeds one (1) year, pursuant to a final judgment of
conviction, which has become final and executory.
• He has served the minimum period of said sentence
b. That he is not disqualified from being granted parole.

63. The Director or Warden concerned shall send a
prisoner’s prison record and carpeta to the Board at least
one (1) month prior to the date when his case shall be
eligible for review.
The offended party, or his immediate relatives in the
event that the offended party is unable or otherwise not
available, shall be notified personally or by registered
mail and given a period of thirty (30) days from notice
within which to communicate their comment to the
Board regarding the contemplated grant of parole to the
prisoner.

64. If, based on the report on pre-parole investigation
conducted on the prisoner, there is clear and
convincing evidence that his release on parole will
endanger his own life or those of his relatives, or
the life, safety and well-being of the victim, his
relatives, his witnesses, and the community, the
release of the deferred until the danger ceases.

65. a. The degree of prisoner’s rehabilitation and his institutional
behavior or conduct.
b. Previous criminal record, if any the risk to other persons,
including the victim and witnesses and their family and
friends, or the community in general, or the possibility of
retaliation by the victim, his family and friends.
c. The gravity of the offense and the manner in which it was
committed, and prisoner’s attitude towards the offense and
his degree of remorse.
d. Evidence that the prisoner will be legitimately employed
upon release, or has a place where he will reside.
e. The age of the prisoner and the availability of after-care
services for the prisoner who is old, seriously ill or
suffering from physical disability.

66. The board may grant a prisoner parole based on
reports regarding the prisoner’s work and conduct
and on the study and investigation by the board itself
and it finds the following circumstances are present:
a. That the prisoner is fitted by his training for
release.
b. That there is a reasonable probability that, if
released, he will live and remain at liberty
without violating the law.
c. That his release will not be incompatible with the
welfare of society.

67. After release from confinement, the parolee shall
be placed under the supervision of the Probation
and Parole Officer specified in the Release
Document so that the former may be guided and
assisted towards rehabilitation. The period of
parole supervision shall extend up to the
expiration of the maximum sentence which
should appear in the release document.

68. Within the period prescribed in his Release
Document, the parolee shall present himself to the
Probation and Parole Officer specified in the
Release Document for the supervision.
If the parolee fails to report within forty five (45)
days from the date of his release from confinement,
the Probation and Parole Officer shall inform the
Board of such failure for the Boards appropriate
action.

69. It shall be mandatory for a parolee to comply with the
terms and conditions appearing in the Release
Document.
The Board may, or upon recommendation for the
Probation and Parole Officer, revise or modify and terms
and conditions appearing in the release document.
A parolee may not transfer from the place of residence
designated in his Release Document without the prior
written approval of the Regional Director subject to the
confirmation of the Board.

70. A Chief Probation and Parole Officer may authorize a
parolee to travel outside his area of operational
jurisdiction for a period of not more than thirty (30) days.
A travel for more than 30 days shall be approved by the
Regional Director.
Any parolee under active supervision/surveillance who
has no pending criminal case in any court may apply for
overseas work or travel abroad. However, such
application for travel abroad shall be approved by the
Parole and Probation Administration and confirmed by
the board.

71. If a parolee dies during parole supervision, the
Probation and Parole Officer shall immediately
transmit a certified true copy of the parolee’s death
certificate to the Board recommending the closing of
the case, however, in the absence of a death
certificate, an affidavit narrating the circumstances of
the fact of death from the barangay chairman or any
authorized officer or any immediate relative where
the parolee resided, shall suffice.

72. Infraction Report is when the parolee has been
subsequently convicted of another crime.
Violation Report is when a parolee commits any
violation of the terms and conditions appearing in his
Release Document or any serious deviation or non-
observance of the obligation set forth in the parole
supervision program.
Upon receipt of an Infraction Report, the board may
order the arrest or recommitment of the parolee.

73. The parolee who is recommitted to prison by the
Board shall be made to serve the remaining
unexpired portion of the maximum sentence for
which he was originally committed to prison.
The Board may recommend the withdrawal of the
Release Document if it finds that material information
given by the parolee of the board, either before or
after release, was false, or incomplete or that the
parolee had willfully or maliciously concealed
material information from the Board.

74. SUMMARY REPORT – after the expiration of the
maximum sentence of a parolee, the Probation and
Parole Officer concerned shall submit to the Board,
through the chief probation and Parole Officer, a
summary report on his supervision of a parolee.
The clearances from the police, court, prosecutor’s
office and barangay officials shall be attached to the
summary report.

75. Upon receipt of the summary report, the Board shall,
upon the recommendation of the Chief Probation and
Parole Officer that the parolee has substantially
complied with all the conditions of his Release
Document, issue to the parolee a Certificate of Final
Release and Discharge.

76. Upon the issuance of a Certificate of Final Release
and Discharge, the parolee shall be finally released
and discharged from the conditions appearing in his
release document.
The Board shall forwarded a certified true copy of the
certificate of Final Release and Discharge to the
parolee, the court which imposed the sentence, the
Probation and Parole Officer concerned, the Bureau
of Corrections, the NBI, the PNP and the office of the
president.

77. PROBATION
A term coined by John Augustus, from Latin word
“Probare” which means to prove, to test.
Probation is another form of non-institutional
corrections practices that gives a sentenced convict the
chance to reform and rehabilitate himself without
having to spend time in jails. Probation does not confine
to prison a sentenced prisoner but rather he will
released and undergo personalized community based
treatment.

78. Probation is a disposition under which a defendant,
after conviction and sentence, is released to the
supervision of a probation officer subject to conditions
imposed by the court. The probation officer shall
supervise and program the individual treatment of the
probationer under his care. At any time during
probation, the court may issue a warrant for the arrest of
a probationer for any serious violation of the conditions
of a probation.
The Probation and Parole Administration under the
Department of Justice supervises and controls all
probation officers and promulgates rules and
procedures on probation process, subject to the approval
of the Secretary of Justice.

79. ADVANTAGES OF PROBATION
Probation is more advantageous than imprisonment. In
probation, the person is spared the degrading,
embittering and disabling experience of imprisonment,
which might only confirm them in criminal ways. On
the other hand, the offender can continue to work in his
place of employment. Family ties remain intact, thus
preventing many broken home. Also, probation is less
expensive which is only one tenth as costly as
imprisonment.

80. PRESIDENTIAL DECREE NO. 968
ESTABLISHING A PROBATION SYSTEM,
APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
One of the major goals of the government is to establish a
more enlightened and humane correctional system that
will promote the reformation of offenders and thereby
reduce the incidence of recidivism.
The confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes a
onerous drain on the financial resources of the country.
There is need to provide a less costly alternative to the
imprisonment of offenders who are likely to respond to
individualized, community–based treatment programs.

81. PURPOSE OF THIS DECREE
a. Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment
b. Provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence
c. Prevent the commission of offenses

82. GRANT OF PROBATION
Subject to the provisions of this decree, the trial court
may, after it shall have convicted and sentenced a
defendant, and upon application by said defendant
within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on
probation for such period and upon such terms and
conditions as it may deem best; provided, that, no
application for probation shall be entertained or granted
if the dependant has perfected an appeal from the
judgment of conviction.
Probation may be granted whether the sentence imposes
a term of imprisonment or a fine only.
An order granting or denying probation shall not be
appealable.

83. POST–SENTENCE INVESTIGATION
It is an investigation conducted by the probation
officer before the probation applicant may be placed
in probation.
No person shall be placed on probation except upon
prior investigation by the probation officer and a
determination by the court that the ends of justice
and the best interest of the public as well as that of
the defendant will be served thereby.

84. PERIOD FOR SUBMISSION OF
INVESTIGATION REPORT
The probation officer shall submit to the court the
investigation report on a defendant not later than 60
days from receipt of the order of said court to
conduct the investigation.
Pending submission of the investigation and the
resolution of petition, the defendant may be allowed
on temporary liberty under his bailed filed in the
criminal case.

85. CRITERIA FOR PLACING AN OFFENDER
ON PROBATION
In determining whether an offender may be placed on
probation, the courts shall consider all information
relative to the character, antecedents, environment,
mental and physical condition of the offender and
available institutional and community resources.
Probation shall be denied if the court finds that:
a. The offender is in need of correctional treatment that
can be provided most effectively by his commitment
to an institution;
b. There is an undue risk that during the period of
probation, the offender will commit another crime
c. Probation will depreciate the seriousness of the
offense committed

86. DISQUALIFICATION FOR PROBATION
The benefits of this decree shall not be extended to those:
a. Sentenced to serve a maximum term of imprisonment
of more than 6 years;
b. Convicted of subversion or any crime against national
security or the public order;
c. Who have previously been convicted by final judgment
of an offense punished by imprisonment of not less
than 1 month and 1 day and /or fine of not less than
200 pesos;
d. Who have been once on probation under the provisions
of this decree;
e. Who are already serving sentence at the time the
substantive provisions of this decree became
applicable.