This document discusses the distinct phases of probation and parole administration. It outlines the selection and supervision phases of probation, including investigation processes and conditions of probation. It also discusses eligibility requirements, factors considered, and types of pardons and clemency that can be granted through the parole process. Statistics on probation and parole caseloads, outcomes, and estimated cost savings are provided for multiple years.

1. PAROLE AND PROBATION
ADMINISTRATION

3. DISTINCT PHASES OF PROBATION
1. Selection of offenders for probation
This phase is known as the post-sentence investigation of
Court referrals. This covers the period after conviction but
before the grant of probation.
2. Supervision and Treatment of Selected Offenders
This phase covers the period following the grant of probation
but before termination of the case thru successful completion
of the probation period or revocation and commitment to a
jail or prison.

4. Investigation
To provide the court with
relevant information and
judicious recommendations
for the selection of
offenders to be placed on
probation.

5. What is Probation?
By probation, a person who is convicted of a criminal offense
is not sent to prison by the sentencing court. Instead, he/she
is released and place under the supervision of a probation
officer subject to the conditions which the court may impose.
Is Probation a right?
No, it is mere privilege.

6. Who cannot be granted Probation? Those:
sentenced to serve a prison term of more than six (6) years;
convicted of any crime against the national security or
the public order;
previously convicted of an offense which is punished
by imprisonment of more than 30 days and/or a fine
of Php 200.00 or more;
who have once been placed on probation under this law;
already serving sentence;

7. Who cannot be granted Probation? Those:
sentenced to a probationable penalty but appealed the same;
convicted of an offense against the Omnibus Election
Code and Wage Rationalization Act; and
convicted of illicit trafficking or pushing of Dangerous Act.

8. Will Probation be automatically granted to one
Whose sentence is six (6) years or less?
No, the application may be denied by the court if:
after determination, he/she is in need of rehabilitation
which could be provided by prison/jail;
risk that the offender will likely commit another
crime; and
depreciate the seriousness of the crime committed.

9. Where shall an application for Probation be filed?
The application shall be filed with the court that tried
and sentenced the offender.
When should an application for Probation be filed?
Anytime before the offender starts serving his sentence
but within fifteen (15) days from the promulgation or
notice of the judgment of conviction.

10. May an offender be released from confinement while
his application for Probation is pending?
Yes, the applicant may be released under the bail he posted
in the criminal case, or under recognizance.
How many times can one be granted Probation?
Only once.
How long is the period of Probation?
Not more than two (2) years if the sentence of the offender
is one (1) year or less; and not more than six (6) years if the
sentence is more than one (1) year.

11. Supervision
To effect the rehabilitation
and reintegration of the
probationers as productive,
law-abiding and socially
responsible members of the
community.

12. Conditions of Probation
Mandatory
What will happen if a probationer violates the
conditions of Probation?
The court may modify the conditions of probation or revoke
the same. If the violation is serious, the court may order the
probationer to serve his prison sentence. The probationer may
also be arrested and criminally prosecuted if the violation
is a criminal offense.
Discretionary

13. It is an individualized
community-based three
pronged approach to
crime prevention and
treatment of offenders
with Restorative Justice
as its philosophical
foundation, Therapeutic
Community as the treatment
modality, and Volunteers
as lead community resource.

14. Therapeutic
Community Ladderized
Program Manual
Volunteer Probation
Aide Manual
Restorative Justice
Handbook

15. Therapeutic
Community Ladderized
Program Manual
Volunteer Probation
Aide Manual
Restorative Justice
Handbook

16. Year Investigation Supervision
2009 9,624 34,050
2010 7,034 29,523
2011 8,634 30,385
2012 8,810 29,768
2013 9,187 29,236
Average 8,658 30,592
Total Probation Caseload Handled = Carry-Over + New Referrals Received

17. Year Investigation Supervision
2009 9,045 9,393
2010 6,453 6,785
2011 8,208 8,421
2012 8,202 7,696
2013 8,620 8,583
Total 40,528 40,878

18. Year Granted Denied
2009 5,296 490
2010 6,183 607
2011 7,222 769
2012 6,294 563
2013 7,632 667
Total 32,627 3,096

19. Year Ongoing
Supervision
(%)
Terminated
(%)
Revoked
(%)
2009 86.37 12.70 0.93
2010 82.67 16.04 1.29
2011 78.19 20.01 1.80
2012 80.11 18.24 1.65
2013 76.95 21.18 1.87
Average 80.86 17.63 1.51

20. Gender Number
Male 26,208
Female 3,028
Total 29,236

21. Age Level Number
Below-20 85
21-30 12,009
31-40 9,431
41-50 5,427
51-60 1,877
61-Above 407
Total 29,236

22. Educational Attainment Number
No formal schooling 452
Elementary
undergraduate
7,796
Elementary graduate 3,599
High School
undergraduate
6,408
High School graduate 4,281
College undergraduate 3,678
Collage graduate 2,128
Vocational 894
Total 29,236

23. Group I – Officials of Government and Special Interest Organizations, Corporate
Executives, Managers, Managing Proprietors and Supervisors
Group II – Professionals
Group III – Technicians and Associate Professionals
Group IV – Clerks
Group V – Service Workers and Shop and Market Sales Workers
Group VI – Farmers, Forestry Workers and Fishermen
Group VII – Trades and Related Workers
Group VIII – Plant and Machine Operators and Assemblers
Group IX – Laborers and Unskilled Workers
Group X – Special Occupations
Group XI – Unemployed

24. Occupation Groups Number
I 0
II 168
III 67
IV 299
V 4,782
VI 4,817
VII 3,621
VII 3,963
IX 2,832
X 4,522
XI 4,165
Total 29,236

25. Family Economic Status Number
More than Adequate 700
Adequate 5,460
Inadequate 18,796
Below Poverty Level 4,280
Total 29,236
More than Adequate – the family income is more than sufficient for the basic requirements
of its members
Adequate- the family income is equal to the basic requirements of the family
Inadequate – the family income is above the poverty level but insufficient for the family’s basic
needs, considering the social standing of its members
Below Poverty Level – monthly family income below Php 6,274.00 for a family of five

26. Average Monthly Income Number
Below – 2,000 6,081
2,001-5,000 10,437
5,001-10,000 8,946
10,001-20,000 2,924
20,001-above 149
No Income 699
Total 29,236

27. Crimes Number
Against Public Interest 342
Relative to Opium and Other
Prohibited Drugs
8,976
Against Person 6,468
Against Property 5,538
Against Chastity 1,523
Against Security 690
Against Honor 538
Against Special Laws 4,937
Against Public Officer 67
Against Ordinance 28
Against Public Morals 22
Against Multiple Crime 107
Total 29,236

28. Year Estimated Savings
(Php)
2009 621,412,500
2010 538,794,750
2011 554,526,250
2012 543,266,000
2013 533,557,000
Total 2,791,556,500

29. BENEFITS AND ADVANTAGES
It reduces the population of prisons and jails.
It saves the government a total of Php 2.8 Billion
in terms of prisoners maintenance in jails and prisons
all over the country.
It cuts enormous expense in maintaining jails.
It reduces recidivism and overcrowding
in jails and prisons.
It reduces the burden on the police forces and
institutions of feeding and guarding detainees.

30. BENEFITS AND ADVANTAGES
It makes the offenders taxpayers instead of taxeaters.
It lessens the clogging of courts.
It lightens the load of prosecutors.
It adheres to the concept of Restorative Justice. Thus,
a total of Php 137.923 Million has been paid to clients’
victim and/or their heirs.

31. BENEFITS AND ADVANTAGES
From the excessive costs of detention.
From the high rate of recidivism of detained offenders.
It provides restitution.
It preserves justice.

32. BENEFITS AND ADVANTAGES
It does not deprive the wife and children of
husband and father.
It maintains the unity of the home.
It maintains his earning power.
It provides rehabilitation in the community.
It restores his dignity.

33. BENEFITS AND ADVANTAGES
That life is sacred
That all men deserve a second time
That an individual can change
That society has a moral obligation to lift the fallen

35. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Purpose of the Law
To uplift and redeem valuable human material to economic
usefulness; and
To prevent unnecessary and excessive deprivation of personal
history.
Under Section 5 of said Act, it is the duty of the Board of Pardons
and Parole to look into the physical, mental and moral record
of prisoners who are eligible for parole and to determine the
proper time of release of such prisoners on parole.

36. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Eligibility for Review of a Parole Case
An inmate may be eligible for review by the Board provided:
The Inmate
is serving an indeterminate sentence the maximum period of
which exceeds one (1) year;
has served the minimum period of the indeterminate sentence;

37. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Eligibility for Review of a Parole Case
An inmate may be eligible for review by the Board provided:
The Inmate
conviction is final and executory;
has no pending criminal case; and
is serving sentence in the national penitentiary, unless the
confinement of said inmate in a local and provincial jail is
justified.

38. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Disqualifications for Parole
Convicted of treason, conspiracy or proposal to commit treason
or espionage;
Convicted of misprision of treason, rebellion, sedition or
coup d ‘etat;
Convicted of piracy or mutiny on the high seas or Philippine waters;
Punished with death penalty or life imprisonment;

39. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Disqualifications for Parole
who escaped from confinement or evaded sentence;
granted conditional pardon by the President of the Philippines
shall have violated any of the terms thereof;
who are habitual delinquents;

40. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Disqualifications for Parole
convicted of offenses punished with reclusion perpetua, or whose
sentences were reduced to reclusion perpetua by reason of
Republic Act No. 9346 amending Republic Act No.7659; and
convicted for violation of the laws on terrorism, plunder and
transnational crimes.
whose maximum term of imprisonment does not exceed one (1)
year or those with definite sentence;

41. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Factors to be Considered in Review of Parole Cases
Previous criminal record and the risk to other persons;
Gravity of the offense and the manner in which it was committed,
and prisoner’s attitude towards the offense and degree of remorse;
Degree of prisoner’s institutional rehabilitation and his behavior
or conduct;

42. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Factors to be Considered in Review of Parole Cases
Age of the prisoner and the availability of after-care services
for the prisoner who is old, seriously ill or suffering from a
Physical disability.
Evidence that the prisoner will be legitimately employed upon
release, or has a place where he will reside; and

43. Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Grant of Parole
Reasonable probability that, if released, he will live and
remain at liberty without violating the law; and
Fitted by his training for release
If it finds the following circumstances are present:
Will not be incompatible with the welfare of society.

44. What is Commutation of Sentence?
It is the reduction of the period of prison sentence. A substitution
of a less penalty for the one originally imposed.
What is Pardon?
It is an act of mercy or grace by the President granted to a convicted
lawbreaker which reaches both the punishment for the offense and
the guilt of the offender.

45. What are the kinds of Pardon?
Absolute pardon – total extinction
What is a Presidential Reprieve?
Withholding of the execution of a sentence for an interval of time.
Conditional Pardon – partial extinction

46. Basis of the power of the Chief Executive
Section 19, Article VII of the Philippine Constitution
Basis of the Board of Pardons and Parole power in
recommending to the President the grant of
Executive Clemency
Executive Order No. 83, dated January 11, 1937
“Except in case of impeachment or otherwise required provided
therein, the President may grant reprieves, commutations,
and pardons and remit fines and forfeitures, after conviction
by final judgment.”

47. Qualifications for Commutation of Sentence
Served at least one-third (1/3) of the definite or aggregate
prison term
Served at least one-half (1/2) of the maximum of the original
Indeterminate and/or definite prison term
Served at least one-half of the minimum of the indeterminate
prison term or aggregated of the minimum of the indeterminate
Qualifications for Conditional Pardon

48. Qualifications for Absolute Pardon
Served his/her maximum sentence
Granted final release and discharge
Granted court termination of probation

49. Year Investigation Supervision
2009 1,140 18,164
2010 1,207 14,403
2011 4,621 14,213
2012 2,115 14,337
2013 3,979 14,166
Average 2,612 15,057
Total Probation Caseload Handled = Carry-Over + New Referrals Received

50. Year Investigation Supervision
2009 1,073 5,655
2010 1,144 2,802
2011 4,601 2,551
2012 1,766 2,409
2013 3,204 2,188
Total 11,788 15,605

51. Year Ongoing
Supervision
(%)
Final
Release and
Discharge
(%)
Recommitmen
t
(%)
2009 93.20 6.01 0.79
2010 88.95 9.50 1.55
2011 87.01 11.27 1.72
2012 89.38 9.11 1.51
2013 92.62 6.15 1.23
Average 90.23 8.41 1.36