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COADM02
CHAPTER I
COMMUNITY-
BASE
CORRECTIONS
Community-based Approach
to Corrections
as a way to decongest the prisons
involve the Public Attorney’s Office
and the national prosecution service
effecting the immediate release of
detainees either on bail or recognize
and giving priority to the trial of
detainees who cannot be released
on bail or recognizance.
Advantages of community-
based corrections are:
1. Family members need not be victims also for the
imprisonment of a member because the convict can
still continue to support his family, not to be far
away from his children ;
2. Rehabilitation will be more effective as the convict
will not be exposed to hardened criminals in prison
who will only influence him to a to a life crime;
3. Rehabilitation can be monitored by the community
thus correction can be more effective;
4. Cost of incarceration will be eliminated which is
extremely beneficial especially to a cash-strapped
government.
The Philippines has its unique and
indigenous way of setting disputes and
treating offenders at its smallest political
unit level-the village or barangay. The
system is called Katarungang Pambarangay.
Katarungang Pambarangay- takes charges
of all disputes between and among parties
residing in the village, city or municipality
which are punishable by imprisonment
not exceeding one(1) year or a fine not
exceeding 5,000.
The working of the criminal
justice system training
program are;
1.To equip the participant with knowledge and
skills on the criminal justice system process;
2.To develop a core of trainers for a
comprehensive and effective dissemination
of information on the criminal justice system;
3.To get the commitment of participants on
their role as member of the Speakers Bureau
of the criminal justice system.
6(six) Agencies involved in
this Memorandum of
Agreement(MOA)
1.Bureauof Jail Management and Penology(BJMP)
2. Public Attorney’s Office(PAO)
3. National Prosecution Service(NSP)
4. Bureau of Correction(BUCOR)
5. Parole and Probation Administration(PPA)
6. Board Pardon and Parole(BPP)
MOA, early release of prisoners
maximum implementation of
applicable laws
RA 6036 (Release on Recognizance)
RA No. 6127 (Grand of Full Time Credit)
PD No. 968 (Adult Probation Law)
PD No. 603 (Child & youth Welfare Code)
PD No. 85 (Preventive Imprisonment)
Executive Clemency
Shall refer to absolute pardon, conditional pardon
with or without parole conditions and commutation
of sentence as may be granted by the president of the
Philippines upon the recommendation of the board
of pardons and parole.
The Board of pardon and parole is the agency in
charge with the release of sentenced prisoners based
on modes specified by law. Its actions and
proceedings are governed by the provisions of
section 4 of Act No. 4103, otherwise known as The
Indeterminate Sentence Law, as amended, and
Executive Order No. 292, series of 1987, otherwise
known as The Administrative Code of 1987.
Pardon
Is a form of executive clemency
granted by the President of the
Philippines as a privilege extended to a
convict as a discretionary act of grace.
Under these unpalatable realities,
pardon is a safety valve to save the skin
of those wrongly accused and
condemned under the guise of justice.
Two kinds of Pardon in
the Philippines
1.Absolute Pardon
2.Conditional Pardon
Absolute Pardon
Refers to the total extinction of the criminal liability
of the individual to whom it is granted without any
condition whatsoever and restores to the individual
his civil rights and remits the penalty imposed for the
particular offense of which he was convicted.
Is also granted by a president to an imprisoned
president the incumbent has deposed.
Is granted in order to restore full political and civil
right to convicted persons who have already served
their sentence and have reached the prescribed
period for the grant of Absolute Pardon.
The purposes of Absolute Pardon are;
1.To right a wrong.
Nothing this world is perfect. Even the Administration of
justice can escape this phenomenon. In fact, there is now a
serious move to abolish the death penalty in the United
States because, the use of DNA analysis has proven beyond
the shadow of reasonable doubt that considerable number of
convicts executed in the United States in the past has now
been clearly and embarrassingly proven to have been
innocent of the crimes imputed to them.
2.To normalize a tumultuous political
situation.
They are hounded by the military and police and charged
with spurious crimes before a judiciary that that has become
a kangaroo court beholden to the ruling powers.
Conditional Pardon
On the other hand, refers to the exemption of an
individual, within certain limits or conditions; from
the punishment that the law inflicts for the offense he
has committed resulting in the partial extinction of his
criminal liability.
Under Article 95 of the Revised Penal Code, a
pardon violator upon conviction will be liable for
imprisonment of ‘’prison correctional’’. But under
Article 159 of the Revised Penal Code, if the un-
expired portion of the original sentence of the
pardonee exceeds six years, then this more than six
years of pardoned sentence will have to be fully
served by the recommitted pardon violator.
Amnesty
A special form of pardon exercised by the
President of the Republic is amnesty.
Amnesty is a general pardon extended to a
certain class of people who are usually
political offenders.
On the other hand, Amnesty needs the
concurrence of congress and the court also
take judicial notice of the act by the president.
It also granted only after final sentence.
Amnesty can be granted before or after
conviction by the court.
In the United States, President Harry S.
Truman issued two Presidential Proclamations
granting amnesty to groups of unnamed
persons who were anti-war activists who
opposed the involvement of the United States
in two war. The first amnesty was proclaimed
in 1945 right after World War II. The second is
after the Korean War in 1952. The purpose of
such grant of amnesty is to free those
identified to be against these wars from
prosecution and harassments from
government or other members of society.
The Philippines likewise issued two amnesty
proclamations in the past. The first one issued under
Presidential Proclamation No. 51 by then President
Manuel Roxas amnestying those who collaborated
with the Japanese during World War II. The second
was Proclamation No. 76 issued by then President
Elpidio Qurino extending amnesty to leaders and
members of the Hukbo ng Bayan Laban sa Hapon
(HUKBALAHAP) or Huk and Pambansang Kaisahan
ng mga Magbubukid (PKM) which is an organization
of peasants fighting for agrarian reform and is part of
the communist underground movement.
Reprieve
Like Pardon, Reprieve is also another
prerogative exercised by the President of the
Philippines. Generally, it is applied to death
sentences already affirmed by the Supreme
Court. But it can also be invoked in other
cases that have become final.
Is the temporary stay of the execution of a
sentence. In death sentences, the date of
execution of the death convict is held in
abeyance for a certain period to enable the
Chief to temporarily stay execution of
sentence.
COMMUNICATION OF SENTENCE
Communication of sentence shall refer to the reduction of duration of a
prison sentence. It is another prerogative of the president. It is an act of
clemency by which a heavier or longer sentence is reduced to a lighter or
shorter term. Death sentence or life imprisonment is reduced to a shorter
sentence communication does not forgive the offender but merely reduces the
penalty of life imprisonment or death sentences for a term of years.
Communication of sentence is resorted to because the law prescribes uniform
punishment for crimes regardless of how serious or how light the offense committed is. A
good example is qualified theft in which the penalty is the same whether the convict’s crime is
only climbing a tree to get a few fruits to eat because he or she is very hungry.
Communication of sentence also benefits inmates sentenced to a fixed or determinate
sentence, which renders or her ineligible for parole. Communication of sentence changes the
original fixed sentence to a lesser indeterminate sentence, which will then enable the
beneficiary to be released on parole. Communication is also appropriate to use with convicts
sentenced to several counts. The sentence may commuted t o one single indeterminate
sentence through communication and rendering the recipient to avail of parole after serving
the minimum sentence.
The formal petition for Executive Clemency shall state the name of the petitioner, his age,
previous criminal record if any whether Filipino citizen or an alien and if a naturalized Filipino
his former nationality and date of naturalization., his previous occupation, place of residence ,
the crime for which he was convicted, the sentencing court, his sentence and the
commencement thereof, the jail or prison to which he was committed and/or where he is
presently confined, and the grounds upon which clemency is being asked.
The petition for absolute pardon shall be accompanied by the following requirements.
1. affidavits of at least (2) responsible members of the community where the petitioner
reside. The affidavits shall among others, state that the petitioner has conducted himself in
a moral and law-abiding manner since his release from prison and shall indicate the
petitioners occupation and the community service he has rendered, if any ; and
2. the clearance from the police, courts and prosecutors office where the petitioner resides.
A petition for the grant of either absolute or conditional pardon shall be favorably endorsed to
the Board by the Secretary of National Defense if the crime committed by the petitioner is
against national security such as rebellion, subversion or sedition, or by the Commissions
on Elections, in case of violations of election laws, rules and regulations.
An application for executive clemency shall not be considered during the pendency of an
appeal filed by the petitioner from the judgment of conviction.
A petitioner shall be eligible for the grant of Executive Clemency if he meets th efollowing
minimum requirements.
1. For communication of sentence, the petitioner must have served at least one third (1/3) of the
minimum of his indeterminate sentence, or the following portions of his prison sentence
consisting of Reclusion Perpetua (Life Improsinment).
a. at least ten (10) years if convicted of robbery with Homicide, Robbery with Rape or
kidnapping with Murder.
b. At least eight (8) years if convicted of Simple Murder, Parricide, Rape or Violation of Anti-
drug law.
c. At least twelve (12) years if given two (2) or more sentences for Reclution perpetua;
d. At least twenty (20) years in case of one (1) death sentence which was automatically
commuted to Reclution Perpetua and.
e. At least twenty five (25) years in case of two (2) sentence for Reclution Perpetua, provided
that at least one (1) of the sentences had been automatically commuted from a death
sentence.
2. For conditional pardon, the petitioner must have served at least one half (1/2) of the minimum
of hi indeterminate sentence or the following portions of his prison sentence.
a. at least two (2) years of minimum sentence if convicted of murder or parricide but not
sentenced to reclusion perpetua.
b at least one (1) year of minimum sentence if convicted homicide.
c. at lest nine (9) months if convicted of frustrated Homicide
d. at least sic (6) months if convicted of attempted homicide.
3. For absolute pardon, the (10) years must have a elapsed from the date of release of the
petitioner from confinement or five (5) years from the date of expiration of his maximum
sentence, whichever is more beneficial to him
In acting on petitions for executive clemency, the BPP shall consider among others, the
age, of the petitioner, the gravity of the offense and the manner in which it was committed,
and the institutional behavior or conduct and previous criminal record, if any, or the
petitioner.
 However, the following category of prisoners shall not be considered for communication of
sentence or conditional pardon.
 For Communication of Sentence.
 1. The petitioner is eligible for parole.
 2. The petitioner had been sentenced to another prison term within one (1) year from the date
of his last recommitment to the jail of prison from where he escaped.
 3. The petitioner had violated and condition of his discharge on parole or conditional pardon
and.
 4. The petitioner is suffering from mental illness or disorder as certified by a government
psychiatrist.
 For Conditional Pardon
 1. The petitioner is eligible for parole.
 2. The petitioner had been sentenced to another prison term within one (1) year from the date
of his last recommitment to the jail or prison from where he escaped.
 3. The prisoner is suffering from mental illness or disorder as certified by a government
psychiatrist and
 4 The prisoner had violated a conditional pardon which was previously before the expiration
of his maximum sentence.
 In petitions for executive clemency cases, the director of corrections shall forward the prison
and carpeta of a prisoner/petitioner to the Board of Pardons and Parole within the following
periods.
 1. Absolute Pardon- within 1(1) month from receipt by the director of the request made by the
board for the prison record and carpeta.
 2 Communication of Sentence- at least 1 (1) month before the expiration of one(1/3) of the
minimum period of the prisoner indeterminate sentence and in special cases at least one (1)
month before the periods becomes qualified.
 3 Conditional Pardon- at least one (1) month before the expiration of one-half (1/2) of the
minimum period of the prisoner’s indeterminate sentence and in special cases at least one (1)
month before the periods the petitioner becomes qualified.
 Parole
The release of prisoners before the expiration of his maximum sentence is what is called
Parole. The 1957 National Conference on Parole has defined it as “ a method of selectivity
releasing an offender from institution prior to completion of his maximum sentence,
subject to conditions specified by the paroling authority a method whereby society can be
protected and he offender can be provided with a continuing treatment and supervision in
the community.
The Board of Pardons and Parole is the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant, except in cases of
impeachment, reprieves communication and pardons, after conviction by final judgment.
BPP is composed of seven (7) members all appointed by the President of the Philippines
with the Secretary of Justice acting as Chairman. In practice, however one of the
Undersecretaries of Justice is serving as Acting Chairman. The law requires that the six
board members should include a sociologist, a clergyman, an educator, a lawyer, a
penologist, and at least one (1) woman.
 Parole is freedom extended to incarcerated offenders even before the expiration of his sentence
if the offender can show that he had been converted into a respectable, law-abiding citizen.
 A parole continues to receive treatment even when he is already in outside. He remains
supervised by a parole officer from the Probation and parole administration who tasked and
monitoring his movements and provide necessary assistance and support ranging from
personal counseling and therapy to help in looking for employment.

 A prisoner is eligible for parole once the inmate had served the minimum sentence, less GCTA
earned, of his indeterminate prison sentence the maximum period of which exceeds one (1)
year except under the following circumstances.
 1. When sentence is Reclusion Perpetua
 2. those convicted of treason, conspiracy of proposal to commit treason.
 3. those convicted of misprision of treason, rebellion, sedition or espionage.
 4. those convicted of piracy.
 5 those who are habitual delinquents i.e, those who within a period of ten (10) years from the
date of release from prison of last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa, and falsification, are found guilty or any of said crimes a third
tune of oftener..
 6. those who escaped from confinement or evaded sentence.
 7. those were granted conditional pardon and violated any of its terms thereof.
 8.those whose maximum term or imprisonment does not exceed one (1) year or are with
definite sentence.
 9. those suffering from any mental disorder as certified by a psychiatrist report of the Bureau
of Corrections or the National Center for Mental Health.
 10. those whose conviction is on appeal ; and
 11. those who have a pending criminal case for an offense committed while serving sentence.
 Parole will be granted whenever the Board of Pardons and Parole finds that there is a
reasonable probability that if released, the prisoner will be law-abiding and that his release
will not be incompatible with the interest and welfare of society.
 The Board of Pardons and Parole shall not consider the release on parole of national prisoner
who is serving sentence in a municipal, city or provincial jail unless the confinement is said jail
is in good faith or due to circumstances beyond the priosners control.
 A parolee/pardonee may not transfer from the place of residence designated in his Released
Document without prior written approval of the BPP. To secure such approval, a written
application in the form prescribed by the BPP shall be filed by the parolee/pardonee with his
parole and probation officer at least fifteen (15) days before the requested transfer. The
application together with the recommendation of the parole and probation officer, will be
forwarded to the BPP for appropriate action.
 In case of the parolee’s/ pardonee’s death, the parole and probation officer shall transmit to
the BPP certified true copy of the death certificate.
 Upon expiration of the maximum sentence of the parolee/pardonee, the BPP may, upon
recommendation of the PPA, issue a Certificate of Final Release and Discharge (CFRD) to a
parolee or recommend to the President that a similar certificate be issued to a pardonee. Police,
court and prosecutor and such other clearance as may required by the BPP shall be attached to
the PPA recommendation. A certified tru copy of the CFRD shall also be furnished the
sentencing court.
 CFRD finally releases the parolee/pardonee from the conditions he is obligated to comply.
However, the accessory penalties which have not been expressly remitted in the Certificate
shall continue considerations.
 The BPP grant parole or conditional pardon under special considerations for the following to
subsist.
 1. old age, provided the inmate is below sixty (60) years of age when crime was committed.
 2. physical disability such as when the petitioners is bedridden, deaf-mute, a leper, cripple or
blind provided such physical disability is not present when the crime was committed.
 3. serious illness duly certified by a government physician
 4. similar circumstances which show the continued imprisonment will be inhuman or will pose
grave danger to the life of petitioner.
 Following factors will be considered by the BPP in granting parole or conditional pardon.
 1. evidence that petitioner will find legitimate source of livelihood upon release.
 2. petitioner has a place to establish residence: and
 3. availability of after-care services for old, seriously ill or physically disabled petitioner.
 Aliens granted parole or pardon by the BPP shall be turned over to the bureau of immigration
and deportation for disposition documentation and appropriate order.
 In case the petitioner has co-accused the prison record carpeta and other relevant documents of
the petitioner’s co-accused shall also be considered.
 Any member of the BPP or government official authorized by the BPP may interview inmates
in prison and jails to determine whether or not they may released on parole or granted
executive clemency.
 Before an interview, the board may require a prisoner convicted of a heinous crime as defined
under Republic Act NO. 7659 and other special laws to undergo psychological/ psychiatric
examination if the prisoner has a history of mental instability or in any case.
 A Parole or pardon may be cancelled by the BPP if it is found that material information
furnished by the parolee/pardonee either before or after release, was incomplete or
parolee/pardonee had willfully or maliciously concealed material information from the BPP.
 RULES ON PAROLE AND GENERAL GUIDELINES FOR
RECOMMENDING EXECUTIVE CLEMENCY
 Pursuant to Act No. 4103 otherwise knows as “The Indeterminate Sentence Law” as amended
by among others, Section 21 Title III Book IV of Executive Order No. 292 dated July 25, 1987
otherwise know s “ The Administrative Code of 1987” the following Rules on Parole are
hereby promulgated.
 RULE 1
 GENERAL PROVISIONS
 Rule 1.1 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 personally liberty. Under Section 5 of said Act, it is
the duty of the Board or Pardonee 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.
 Rule 1.2 Definition of Terms- As used in these Rules unless the context indicates
otherwise-
 a. Board refers to the board of parolee and pardonee
 B. Carpeta refers to the institutional record of an inmate which consists of his mittimus or
commitment order issues by the court after convictions, the prosecutors information and the
decisions of the trial court and the appellate court, if any certificate of non-appeal certificate of
detention and other pertiment documents of the case.
 C. “Director” refers to the Director of the Bureau of Corrections.
 D. Parole refers the conditional release of a prisoner from a correctional institution after he has
served the minimum of his prison sentence.
 E. Parole Supervision- refers to the supervision/ surveillance by the probation and parole
officer of a parolee.
 F. Parole refers to a prisoner who is released on parole.
 G. Penal Superintendent- refers to the Officer-In-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the prison and penal farms of Bureau of Corrections.
 H. Prison Record- refers to information concerning an inmate personal circumstances, the
offense he committed the sentence imposed the criminal case number in the trial and appellate
the date he was received for confinement the place of confinement the date of expiration of the
sentence the number of previous convictions if any and his behavior or conduct while prison.
 I. Probation and Parole Officer refers to the Probation and Parole Officer undertaking the
supervision of the parolee.
 J. Regional Director refers to the Head of the Parole and Probation Administration in region
 K. Release Document refers to the Discharge on Parole issued by the board ;and
 L. Warden refers to the Officer –In-Charge of the Provincial, City, Municipal or District Jail.
RULE 2
RULES IN CONSIDERING PAROLE CASE
 Part A. Eligibility for review and Disqualification
Rule 2.1. Eligibility for Review of A Parole Case – prisoner’s case shall be eligible for review
by the board unless.
a. The prisoner is confined in prison or jail 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 ; and
b. He has served the minimum period of said sentence.
Rule 2.2. Disqualification for Parole – Pursuant to among others, Section 2 of Act No. 4103 as
amended otherwise knows as “Indeterminate Senate Law” said Act shall not apply and
parole shall not be granted to the following prisoners.
c. Those convicted of an offense punished with the death penalty reclusion perpetua of life
imprisonment.
d. 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.
 E. those are habitual delinquents, be those who within a period of ten (10) years from the date
of release from prison or last conviction of the crimes of serious or less serious physical injuries
robbery, theft, estafa, and falsification are found guilty of any of said crimes a third time of
offender.
 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 and 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 a government psychiatrist/
psychologist;
 J. those whose conviction is on appeal or has not yet become final and executory.;
 In case the prisoner has one or more co-accused who had been convicted, the Director/
Warden concerned shall forward their prison records and carpetas at he same time.
 K. those who have pending criminal case/ s.
 L. those national prisoners serving sentence in a municipal city district or provincial jail unless
the confinement in said jail is in good faith or due to circumstances beyond the prisoner’s
control.
 Part B. Form and Contents of Petition
 Rule2.3 Review Upon Petition or Mota Propio; Form and Contents of Petition- a parole case
may be reviewed by the board upon petition or motu propio. Where a petition shall
substantially comply what that prescribed by the board and shall clearly show the following.
a. That the prisoners case eligible for review by the board.
b. That is not disqualified from being granted parole.
Part C. Procedure
Rule 2.4 Transmittal of carpeta and prison record – the Director or warder 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.
 Rule 2.5. Publication of Names of Prisoners Being Considered for Parole – The board shall
cause the publication in newspaper of general circulation the names of prisoners convicted of
heinous crimes or those sentenced to reclusion perpetua of life imprisonment and those
sentence has been commuted to an indeterminate prison term and may be considered for
release on parole.
 Rule 2.6 Notice to Offended Party – I n addition to the publication in a newspaper of national
circulation 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 to the board regarding the
contemplated grant of parole to the prisoner.
 Rule 2.7 Deferment of Parole when Safety Compromised – 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 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.
 Part D. Proceedings of the Boar
 Rule 2.8. Factors to be Considered In Review of Parole cases- the following factors may be
considered by the board in its review of parole case.
 A. the degree of prisoner’s rehabilitation and his institutional behavior or conduct.
 B. previous criminal record, if any the risk to others 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 offence and his degree of remorse;
 D. evidence that the prisoner will be legitimately employed upon release or has a place where
he will reside; and
 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.
 Rule 2.9. Grant of Parole- 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 the there is reasonable probability that if release he will live and remain at liberty without
violating the law and
 C. that his release will not be incompatible with the welfare of society.
 Rule 2.10 Meetings – the board shall meet in executive session regularly or upon the call of the
Chairman.
 Rule 2.11 Quorum – A majority of all the members of the board shall constitute a quorum.
 Rule 2.12 Board Action - A majority of the members of the board, constituting a quorum, shall
be necessary to support a decision of the board or to carry out any action. However in order to
grant parole, to modify any of the terms and conditions appearing in a Release Documents, to
order the arrest and recommitment of a parolee, and to issue certificate of final Release and
discharge to a parolee, and decision or action must be supported by at least four (4) votes of
the members of the board.
RULE 3
RULES AFTER GRANT OF PAROLE
Part A. Parole supervision
RULE 3.1 Release, form of release Document - A prisoner shall be
released upon the grant of parole.
RULE 3.2 Transmittal of Release Document - The Board shall send a
copy of the release Document to the prisoner through the Director of
Corrections or warden of the jail where he is confined.
RULE 3.3 Parole Supervision - 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.
RULE 3.4 Presentation of probation and parole officer - Within the
period prescribed in this release Document, the parolee shall present
himself to the probation and parole officer specified in the released
document for supervision.
RULE 3.5 Arrival report - Within fifteen (15) working days
from the date when the parolee reported for
supervision, the probation and parole officer concerned shall inform
the board, through the technical service of the parole and probation
Administration, of such fact.
RULE 3.6 Mandatory Conditions of Supervision - It shall be mandatory
for a parolee to comply with the terms and conditions appearing in the
release Document.
RULE 3.7 Review and Modification of Conditions - Board may, Motu
proprio or upon recommendation for the probation and parole officer,
revise or modify and terms and conditions appearing in the release
Document.
RULE 3.8 Transfer of Residence - 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.
RULE 3.9 Outside Travel - 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.
RULE 3.10 Travel Abroad and / or Work Abroad - Any parolee under
RULE 3.11 Death of Parolee - 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.
Part B. Infraction/Violation of the Terms and conditions of the Release
Document.
RULE 3.12 Reports - the probation and parole officer concerned shall
submit the following reports of the board.
RULE 3.13 Arrest of parolee – Upon receipt of an infraction report, the
board may order the arrest or recommitment of the parolee.
RULE 3.14 Effect of recommitment of parolee – The parolee who is
commitment to the 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.
RULE 3.15 Withdrawal of release Document – The Board may
recommended 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 informtion
from the board.
PART C. Termination of parole supervision
RULE 3.16 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 parole.
RULE 3.17 Certificate of final Release and Discharge – Upon receipt of
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.
RULE 3.18 Effect of Certificate of Final Release and Discharge – Upon
the issuance of a certificate of final release and discharge, the parolee
shall be finally released and discharge from the conditions appearing
in his release document.
RULE 3.19 Transmittal of Certificate of Final Release and
officer concerned, the bureau of corrections, the NBI, the PNP, and the
office of the probation.
RULE 4
REPEALING AND EFFECTIVITY CLAUSES
RULE 4.1 Repealing Clause – The Rules and regulations of the board of
Pardons and parole dated 20 December 1989 and the revised rules and
regulations of the board of Pardons and parole dated 26 November
2002 are hereby repealed, and all other existing rules, regulations and
resolutions of the which are inconsistent with this rules are likewise
repealed or amended accordingly.
RULE 4.2 Effectivity Clause – These Rules shall take upon approval by
the secretary of justice and fifteen (15) days after its publication in a
newspaper of general circulation.
GENERAL GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY
GENERAL PROVISIONS
SECTION 1. Plenary Power of the president to Grant Executive
Clemency - Under Section 19, Article VII of the Constitution, except in
cases of impeachment, or as otherwise provided in the constitution,
SECTION 2. Consideration of cases for Executive Clemency – The board
may consider cases for executive clemency upon petition, or referral of
the office of the president, or motu proprio.
SECTION 3. Extraordinary Circumstances –grant of executive clemency
only when there exist extraordinary circumstances such that the strict
application of the law will result to manifest injustice.
SECTION 4. Petition - when the petition is filed by, or on behalf of, a
prison, the form of said petition shall substantly comply.
PROCEDURE
SECTION 5. Referral to Government Agencies - The board may, in its
discretion, refer a petition for executive clemency to probation and
parole officer who shall submit within thirty (30) days form receipt of
referral a repot on the behavior character antecedents, mental and
physical condition of the peetitioner, and the results of the national
bureau of investigations record check.
SECTION 6. Transmittal of carpeta and prison Record - The Director or
warden concerned shall forward the prison record and carpeta of a
prisoner being considerd for executive clemency.
SECTION 7. Notice to convicting trial judge, procecutor's office, and
offended party - In all cases when a prisoner is being considered for
executive clemency .
SECTION 8. Publication of Names of those Being Considered for
Executive Clemency – The bureau shall cause the publication in a
newspaper of national circulation the names of prisoners who are
being considered for executive clemency.
PROCEEDINGS OF THE BOARD
SECTION 9. Board Deliberation – Any matter pertaining to executive
clemency, including petitions for executive clemency, shall be decided
by the board only after deliberate during a meeting where there is a
quorum.
SECTION 10. Board Meetings – The board shall meet once a week, of
oftener upon call by the chairman, too deliberate matters pertaining to
executive clemency. SECTION 11. Quorum – A majority of all the
members of the board shall constitute quorum.
SECTION 12. Contents of Minutes of Board Meeting – The minutes of
the meeting of the board shall show the votes of its individual
filed, the board shall consider the same and may, in its discretion,
require the opposition to submit supporting evidence.
SECTION 14. Documents to be Considered – In determining the
whether there exist extraordinary circumstances such as the strict
application of the law will result in manifest injustice.
SECTION 15. Board Recommendation, Resolution and Certification. –
At least four (4) vote of the member of the board shall be necessary to
recommend the grant of executive clemency said recommendation
shall be contained in a resolution of the board to be submitted to the
office of the president.
SECTION 16. Supporting Documents – The board shall submit all
relevant documents to the office of the presidents long with its
resolution recommending the grant of executive clemency.
GUIDELINES AFTER GRANT OF EXEECUTIVE CLEMENCY
SECTION 17. Implementation of President’s Grant of Executive
Clemency – Upon receipt from the office of thee president of the
documents evidencing the president’s grant of executive clemency.
SECTION 18. Certificate of Release – When the grant of parole of
executive clemency entitles the prisoner to be released from prison.
SECTION 19. Monitoring of Compliance with conditions
of Pardon – Where the president grants conditional pardon to a
prisoner.
SECTION 20. Presentation to Probation and Parole Officer – Within the
period prescribed in the document evidencing the president’s grant of
executive clemency, the prisoner shall present himself to the
probation and parole officer concerned.
SECTION 21. Arrival Report – The Probation and parole officer shall
submit his arrival Report to the board.
SECTION 22. Violation Report – If a prisoner granted conditional
pardon violates any conditions of his conditional pardon or commits
any serious deviation or non-observance of the obligations imposed
under the supervision program the probation and parole officer
concerned shall immediately submit a violation report to the Board.
SECTION 23. Infraction and Progress Report – If a prisoner granted
conditional pardon is charged with committing another offense during
the period of his supervision.
death certificate to the board recommending the closing of the case.
SECTION 25. Recommendation for Arrest of Prisoner for Violation of
Conditions of Pardon – Upon determination that a prisoner granted
conditional pardon has violated the conditions of his pardon, the
board shall recommend his arrest recommitment to the president.
SECTION 26. Summary Report – Upon the expiration of the period
stated in the document evidencing the president’s grant of executive
clemency, 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 the prisoner. SECTION 27. Certificate of
Compliance with Conditional Pardon – Upon receipt of the summary
Report, The board shall upon recommendation of the chief probation
and parole officer that the prisoner granted conditional pardon has
complied with all the conditions of is pardon, issue to certificate to
compliance with conditional pardon.
SECTION 28. Transmitted of Certificate of compliance with Conditional
Pardon – The board shall forward a certified true copy of the
certificate of compliance with the conditional pardon to the prisoner.
immigration for disposition, documentation and appropriate action.
REPEALING AND EFFECTIVITY CLAUSES
SECTION 30. Repealing Clause – The portions pertaining to executive
clemency of the rules and regulations of the board of pardons and
parole dated 20 December 1989 and the Revised Rules and regulations
of the board of pardons and parole dated 26 November 2002 are
hereby repealed.
SECTION 31. Effectivity Clause. – Guidelines shall take effect upon
approval by the secretary of justice and fifteen (15) days after its
publication in a newspaper of general circulation.
PROBATION
Probation is another form of non-constitutional corrections
practices that gives a sentence convict the chance to reform and
rehabilitate himself without having to spend time in jails.
Who are disqualified for Probation?
1. Those sentenced to serve a maximum term of
imprisonment of more than six (6) years.
2. Those convicted of subversion or any crime against
National Security or the Public Order.
3. Those who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and / or fine of
not less than two Hundred Pesos. (P200.00);
4. Those who have been once on probation under the
provisions of this Decree; and
5. Those who are already serving sentence at the time
substantive provisions of the Probation law became
applicable.
 Difference between Parole and Probation
Parole is different from probation in that
parole is administrative function of the executive
branch of the government, while the probation is
a judicial function. In parole, the offender serves a
part of the sentence in prison before he is
released, while in probation, the convicted
offender does not need to go to prison at all. In
other words, parole is an extension of
institutional treatment while probation is a
substitute for imprisonment. Parole is granted by
the board, while probation is granted by the
judge. Both releases are conditional and subject to
supervision of a parole probation officer.
 DIFFERENCES BETWEEN PAROLE AND
MANDATORY OR CONDITIONAL RELEASE
Mandatory or conditional release is the release
prescribed by law of a prisoner who has served his
term of commitment less “good time “ nor “ work
time “ credits under the parole conditions and under
supervision until the expiration of the maximum term
for which he was sentenced. In parole, the prisoners
is released after he has served his minimum or part of
his sentence but before the expiration of his full
sentence, while mandatory or conditional release, the
prisoner is released under conditions of parole after
he has served his full sentence minus his “good time
“ or “work time” credits.
 Parole and Indeterminate Sentence Law
Indeterminate Sentence is closely connected with parole. An
indeterminate sentence is one with minimum and maximum
periods of imprisonment. The prisoner is not eligible for parole
consideration until he has served his minimum sentence. Ideally,
the gap between the minimum and maximum sentence should
be wide in order that the process of rehabilitation in prison may
be continued long enough to make certain its effects.
 Probation for youth offenders (Presidential Decree 603)
The law covering this institutional set – up is PD 603 which was
enacted in 1974 and otherwise known as the child and youth
welfare code which suspends the sentences of minors offenders
whose ages range from nine (9) years to eighteen (18) years and
places them in the rehabilitation centers under the supervision
or custody of the DSWD or released on probation to custody of
their parents or to any responsible person under the supervision
of the DSWD.
 Under this decree, a youth offender under trial who cannot
post bail, shall be committed to the DSWD or to local
rehabilitation center or to the detention home in the
provinces or city. There are ten (10) Regional Rehabilitation
Centers for youth nationwide nine for boys and one for
girls. If such facility in not accessible, the court may commit
the youth to a jail where they will be confined in quarters
separate from other offenders.
 Presidential decree 1179 and 1210 amended PD 603, to
require an application for suspended sentence before this
privilege can be availed of. If the court find the youth
guilty, the court will not sentence the offender but shall
suspend further proceedings and commit the youth to the
custody of the DSWD, or to any government training
institution. Suspended sentence, However became
automatic with the passage of Republic Act 8369 otherwise
known as the Family Courts Act of 1997.
 The DSWD recognizes that the family has been an important
factor in the offender’s commission of the crime. The family
can and must play an important role in the offender’s effective
rehabilitation. It is therefore, that the focus of treatment
intervention should not only be the offender but his family as
well. Rehabilitation efforts are focused on maintaining
harmonious relations between the offender, his family, and the
community and strengthening and empowering them
altogether. Empowering the offender’s family should be done
through awareness building and values formation regimen.
 The law establishing probation is Presidential Decree No.
968 otherwise known as Probation Law of 1976. This law was
issued on January 24, 1976 by them President Ferdinand E.
Marcos. Since then it has undergone several amendments
through Presidential Decree 1257, Batas Pambansa Bilang 76
and further amended by Presidential Decree 1990. This
amended Probation Law is hereby reproduced below:
PRESIDENTIAL DECREE NO. 968
ESTABLISHING A PROBATION SYSTEM,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.
WHEREAS, 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;
WHEREAS, the confinement of all offenders in prisons and other
institution with rehabilitation programs constitutes a onerous drain on the
financial resources of the country; and
WHEREAS, there is need to provide less a costly alternative to the
imprisonment of offenders who are likely to respond to individualized,
community-based treatment programs;
NOW, THEREFORE, I FERDINAND E. MARCOS, president of
the Philippines, by virtue of the powers vested in me by the constitution, do
hereby order and decree the following;
SECTION1. Title and Scope of the Decree – this decree shall be
known as the probation law of 1976. it shall apply to all
offenders except those entitled to the benefits under the
provisions of the presidential Decree Numbered Six Hundred
and Three and similar laws.
SECTION2. Purpose – This decree shall be interpreted so as to:
(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; and
(c) Prevent the commission of offenses.
SECTION3. Meaning of Terms – As used in this decree
the following shall, unless the context otherwise
requires, be constructed thus:
(a) “Probation” is a disposistion, under which a
defendant, after conviction and sentence, is released
subject to condition imposed by the court and to
supervision of a probation officer,
(b) “Probationer” means a person placed on probation,
(c) “Probation Officer” means one, who investigates
for the court a referral for probation or supervises a
probationer or both,
SECTION4. 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; that no application for probation shall be
entertained or granted if the dependant has perfected an
appeal from the judgment of conviction.
SECTION5. Post – Sentence Investigation – 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.
 SECTION 6 -Form of investigation Report -The investigation
report to be submitted by the probation officer under SECTION 5
here of shall in the form prescribed by the probation
administrator and approved by the secretary of justice.
 Section 7. PERIOD FOR SUBMISSION OF INVESTIGATION
REPORT -The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The
court shall resolve the application for probation not later than
fifteen days after receipt of said report. PENDING SUBMISSION
OF THE INVESTIGATION and the resolution of petition, the
defendant may be allowed on temporary liberty under his bailed
in the criminal case, Provided that in case. Where no bail filed in
the criminal case, provide ,That in case where no bail was filed or
that the defendant is incapable of filling one, the court may allow
the release of the defendant on recognize to the custody of
responsible member of the community who shall guarantee his
appearance whenever required by the court.
 SECTION 8 CRITERIA FOR PLACING AN
OFFENDER ON PROBATION -In determining
whether an offender maybe placed on probation the
courts shall consider all information relative to the
character antecedent environment, mental & physical
condition of the offender and available institutional
and community resoures. 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 this commitment to an institution
 (b)there is an under risk that during the period of
probation the offender will commit another crime or
(c) probation will depreciate the seriousness of the
offense committed.
 SECTION 9 DIS QUALIFIED OFFENDER -The
benefits of the 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 againts national
security or the public order; (c) who have
previously been convicted by final Judgment of an
punished by imprisonment of not less than one
month and one day and/or fine of not less than
two hundred pesos(200.00): (d)who have been
once on probation under the provisions of this
decree and (e)who are already serving sentence at
the time the substantative provision of this decree
became applicable pursuant to Sec.33 hereof.
 SECTION 10 CONDITION OF PROBATION -Every probation
order issued by the court shall contain conditions requiring that
the probationer shall. (a)present himself to the probation officer
designated undertake his supervision at such place as may be
specified in the order within seventy two (72) hours from receipt
of said order. (b)report to the probation officer atleast once a
month at such time in place as specified by said officer. The court
may also require the probationer to: (a)cooperative with a
program of supervision
 (b)meet his family responsibilities. (c)devote himself to specific
employment and not to change said employment without the
prior writtin approval of the probation officer; (d)undergo
medical,psychological psychiatric examination and treatment and
enter and remain in a specified institution when required for that
purpose. (e)pursue a prescribed secular study or vocational
training. (f)attend or reside in a facility established for instruction
recreation or residence of person on probation. (g)refrain from
visiting houses of ill-repute (h)abstain from drinking intoxicating
beverages to excess.
 (i)permit the probation officer or an authorized
social worker to visit his home and place of work.
(j)reside at premises approved by its and not to
change be residence without its prior writtin
approval or. (K)satisfy any other condition related
to the rehabilitation of the defendant and unduly
restrictive of his liberty or imcompatible with his
freedom of conscience.
SECTION 11: EFFECTIVITY OF PROBATION ORDER- A
probation order shall take effect upon its issuance , at which
time the court shall inform the offender of the consequence
thereat and explain that upon his failure to comply with any
of the conditions prescribed in the said order or his
commission of another offense ,he shall serve the penalty
imposed for the offense under which he was placed on
probation.
SECTION 12: MODIFICATION OF CONDITIONS OF
PROBATION: during the period of probation, the court may,
upon application of either the probationer or the probation
officer, revise or modify the conditions or period of probation.
SECTION 13: CONTROL AND SUPERVISION OF
PROBATIONER- the probationer and his probation program
shall be under the control of the court that placed him in
probation subject to actual supervision and visitation by a
probation officer.
 Whenever a probation is permitted to reside in a place
under the jurisdiction of another court control over him
shall be transferred to the executive judge of the court of
first instance of the place , in such a case a copy of the
probation order, the investigation report and other
pertinent records shall be furnished said executive judge.
 SECTION 14: PERIOD PROBATION-
 A THE PERIOD of probation of a dependant sentenced
to a term of imprisonment of not more than one year shall
not exceed two years ,and in all other cases said period
shall not exceed six years.
 B. when the sentenced imposes a fine only offender is
made to serve subsidiary imprisonment in case of
insolvency , the period of probation shall not be less than
nor be more than twice the total number of days of
subsidiary imprisonment
 SECTION 15: ARRES OF PROBATION
SUBSEQUENTDISPOSITION- at any time during probation, the
court may issue a warrant for the arrest of a probation for any
serious violation of the conditions of probation the probationer,
once arrested and detained, shall immediately be brought before
the court for a hearing of the violation charged. In such case the
provision regarding release in bail of person charged with a crime
shall be applicable to probationers arrested under this provision.
 In the hearing, which shall be summary in nature, the probationer
shall have the right to be informed of the violation charged and to
adduce evidence in his favor. The court shall not be bound by
technical rules of evidence but may inform itself of all the facts,
which are material and relevant to ascertain the veracity of the
charge. A prosecuting officer in any contested hearing shall
represent the state. If the violation is established the court may
revoke or continue his probation and modify the conditions
thereof. If revoke, the court shall probationer to serves the sentence
originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be appealable.
 SECTION 16. Termination of Probation – after the
period of probation and upon consideration of the
report and recommendation of the probation
officer, the court may order the final discharge of
the probationer upon finding that he has fulfilled
terms and conditions of his probation and
thereupon, the case is deemed terminated.
 The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
fully discharge his liability for any fine imposed
as to the offense for which probation was granted.
 The probationer and the probation officer shall
each be furnished with a copy of such order.
 SECTION 17. Confidentiality of records – The investigation reports
and supervision history of a probationer obtained under this Decree
shall be privileged and shall not be disclosed directly and indirectly
to anyone other than the probation administration or the court
concerned, except that the court, in its discretion, may permit the
probationer or his attorney to inspect the aforementioned documents
or parts thereof whenever the best interest of the probationer makes
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
 SECTION 18. The Probation Administration – there is hereby created
under the Department of Justice an agency to be known as the
Probation Administration herein referred to as the Administration,
which shall exercise general supervision over all probationers.
 The Administration shall have such staff, operating units and
personnel as may be necessary for the proper execution of its
functions.
 SECTION 19. Probation Administrator – the
Administration shall be headed by the probation
Administrator, hereinafter referred to as the
Administrator, who shall be appointed by the
President of the Philippines. He shall hold office
having good behavior and shall not be removed
except for cause.
His powers and duties shall be to:
(a) Acts as the executive officer of the administration;
(b) Exercise supervision and control over all probation
officers;
(c) Makes annual reports to the secretary of Justice in
such form as the latter may prescribe, concerning the
probation, administration and improvement of the
probation system.
VII. Terms And Conditions Of Probation
Section 35. Mandatory Conditions. – A Probation order
shall require the probationer.
(a) To represent himself to the Probation Office for
supervision within 72hrs from receipt of said order;
and
(b) To report to the assign SPPO, SrPPO, PPO II, PPO I, on
case at least once a month during the period of
probation at such time and place as may be specified
by the Probation Office.
Section 36. Other Conditions. – The Probation order
may also require the probationer, in a
appropriate case, to;
(c) Cooperate with his program of Probation treatment
and supervision,
(d) Meet his family responsibility;
(c) Devote himself to a specific employment and not to change said
employment without prior written approval of the CPPO;
(d) Under go medical, or psychological, or clinic, or drug or
psychiatric examination and treatment and remain in a specified
institution, when required for the purpose;
(e) Comply with a program of payment of civil liability of the
offended party of his heirs, when required by the Trail Court as
embodied in its decision or resolution;
(f) Pursue a prescribed secular study or vocational training;
(g) Attend or reside in a facility established for instruction, schedule
or residence of persons on Probation;
(h) Refrain from visiting houses of ill-repute;
(i) Abstain from drinking intoxicating beverage to excess;
(j) Permit the Supervising Probation Officer on case or authorized
social workers to visit his home and place of work;
(k) Reside at premises approved by the Trial Court and not to change
his residence without prior written approval of said court;
and/or
(l) Satisfy any other condition related to his rehabilitation into a
useful citizen, which is not unduly restrictive of his liberty or
incompatible with his freedom or conscience;
Section 37. Indemnification. – Payment for civil liability
shall be done using the following mode:
(m) Payment can be given to the Clerk of Court of the Trial Court,
who will in return hands over the sum to the victim who shall
issue a corresponding receipt; a copy of which should be given
by the probationers to the Probation Office in order to monitor
such payment;
(n) Payment may be deposit by the probationer to the victim’s
account where the bankbook is kept at the Probation Office to be
given to the victim for his proper disposition;
(o) Payment can be effected directly to the victim and the receipt
must be field in the supervision record of the probationer kept at
the Probation Office.
VIII. Supervision Of Probationers
Section 38. Purpose. – The primary purposes of
probation supervision are:
(a) To ensure the probationer’s compliance with the probation
conditions specified in the Probation Order and the prescribed
probation treatment and supervision program/plan;
(b) To manage the process of the probationer’s rehabilitation and re-
integration into the community; and
(c) To provide guidance for the probationer’s transformation and
development into a useful citizen for his eventual reintegration to
the mainstream of society.
Section 39. Commencement Of Supervision
Service. – For purposes of these Rules,
supervision service shall commence on the
day of initial interview or reporting of a
probationer. Such facts shall be duly noted
in the case notes of the client.
Section 40. Initial Report. –
(a) Upon the probationer’s appearance for his initial supervision, the
Supervising Probation Officer on case or CPPO himself shall;
i. Give instruction to the client using PPA Form 4 in order to reinforce
probationer's awareness of the probation condirions specified in the
Probation Order in a language or dialect understood by him;
ii. Formulate with the client , the supervision treatment plan; and
iii. Carry out other related activities.
(b) Upon receipt of a copy of PPA Form No. 4, and a copy of the
Probation Order on a particular probationer and Probation Office
through thr CPPO shall immediately assign the probation
supervision case to his subordinate Probation Office.
- In event that the probationer does not report for initial supervision
within the prescribed period after the Probation Order has been
released by the Trial Court, or his whereabouts unknown, the
Probation Officer shall exert his best efforts to find said probationer
and conduct such field injury as is necessary within a responsible
period of time, before considering the fact that the subject has
absconded amounting to a violation of a probation condition.
Section 41. Outside Travel. -
a) A Probation Officer may authorize a probationer to travel oitside his
area of operational/territorial jurisdiction for a period of more than
(10) days but not exceeding thirty (30) days.
b)A Probationers who seeks to travel up to (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at
least five (5) days before the intended travel schedule a Request for
Outside Travel by the Supervising Probation Officer on case and
approved by the CPPO.
c)If the requested outside travel is for more than (30) days, said request
shall be recommended by the CPPO and submitted to the Trial Court
for approval.
d)Outside travel for a cumulative duration of more than (30) days
within a period of six (6) days months shall be considered as a courtesy
supervision.
Section 42. Change of Residence: Transfer of Supervision
a) A Probationer may file a Request for Change of Residence (PPA
Form 24) with the City or Provincial Parole and robation Office,
citing the reason(s) therefore this request shall be submmited by
the Supervising Probation Office for the approval of the Trial
Court.
b) In the event of such approval,the supervision and control over the
probationer shall be transferred to the concerned executive judge
of the RTC,having jurisdiction and control over said
probitioner,and under the supervision of the city or provincial
office in the place to which he transferred.
c) The receving city or provincail parole and probition office and the
receving court shall be duly furnished each with copies of the
pertinent order. PSIR (PPA From 3) and other pertiment probation
and supervision records by the sending probition office for
purposes and in aid of continuing effective probition super vision
treatment over said probationer.
Section 43. Absconding Probatiner.
a)A probationer who has not reported for initial supervision within the
prescribe period and /or whose whereabouts could not be found,
located or determind despite best diligent efforts within reasonable
period of time shall be declared by the proper office as an absconding
probitioner.
b)thereafter said office shall file with the proper court a violation Report
(PPA From 8),containing its findings and recommendation, duly
prepared and signed by the supervising parle and probiton officer and
duly noted by the chief parole and probation officer.
Section 44. Modification or Revison of Probation
Conditions.
c)during the probation supervison period,the trial court may motu
propio or upon motion by the city or Provincial Parole and Probation
Office and duly noted by the probatoner or his lawyer.
Section 45. Effectivity and Finality of Modified or Received
Probation Order -
a) The Trial Court may modify or revise the probation order, which
shall become effective and final upon its promulgation and receipt
thereof by the probationer, unless specified otherwise by said order.
IX. VIOLATION OF PROBATION CONDITION
Section 46. Cocept. - A Probationer's specific act and/or
omission(s) constitutive of a violation of probation condition(s) set forth
in the original, modified or revised probation order shall be reported to
the Trial Court taking into account the totality of the fact and
sorrounding circumstances and all possible areas of consideration.
Section 47. Fact-Finding Investigation. - Based on reasonable
cause reported by a reliableinformant or on his own findings, the SPPO,
SrPPO, PPO II, PPO I, concerned or the CPPO himself shall conduct or
require the Supervising Probation Officer on case to immediately
conduct a fact-finding investigation on any alleged or reported violation
of probation condition(s) to determine the veracity and truthfulness of
the allegation.
Section 48. Report: Violation Of Condition.
a) After the completion of fact-finding investigation, the Supevising
Probation Officer on case shall prepare a violation report thereon
containing his findings and recommendation and submit the same
to the CPPO for review and approval.
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 within the prescribed period ordered by the
Trial Court or whose whereabouts could not be ascertained not
with standing best efforts exerted within a reasonable period of
time by the City and Provincial Parole and Probation Office shall
be immediately reported to the Trial Court for appropriate action.
c) Thereafter, said Parole and Probation Office shall file with the Trial
Court a Violation Report (PPA Form 8) containing its findings and
recommendations duly prepared and signed by the SPPO, SrPPO,
PPO II. PPO I concerned and duly noted by the CPPO for the
court's resolution.
Section 49. Violation Report. Its Contents, Signatories
and Submission to Trial Court. -
a) The Violation Report shall include, among others, the following:
i. Accurate and complete statement of the facts and sorrounding
circumtances, including but not limited to the:
a. nature, character and designation of the violation;
b. specific acts and/or omissions constitutive of the violation;
c. place, date and time of comission or omission;
d. statements od affidavits of apprehending officers and offended
parties; and
e. other related data and, information.
ii. probationer's response, explanation and clarification duly sworn to
before a notary public and other supporting testimonial,
documentary and objective evidence;
iii. findings, assessment and recommendation of the Probation Office.
b) The Violation Report shall be prepared and signed by the SPPO,
SrPPO, PPO II, or PO I. Concerned and approved and signed by
the CPPO.
Section 50. Arrest of Erring Probationer. - After having duly
considered the nature and gravity of such reported violation based on
the submitted Violation Report, the Trial Court may issue a warrant for
the arrest of the probationer for serious violation of his probation
condition.
Section 51. Hearing of the Violation of Probation. - Once
arrested and detained,the probationer shall immediately be brought
before the Trial Court for a hearing of a violation charged.
In hearing, which shall be summary of the nature, the probationer
shall have the right to be informed of the violation charged and to
adduce evidence in his favor.
The court shall not be banned by the technical rules of evidence, but
may inform itself by all the facts, which are material and relevant to
ascertain the veracity of a charge.
The probationer may be admitted to bail pending such hearing. In
such case, the provisions regarding release on bail of person charged
with the crime or offense shall be applicable to probationers arrested
under this provision.
X.EARLY TERMINATION
Section 55. COVERAGE – The Following
probationers may be recommended for
the early termination of their probation:
1. Those who are suffering from serious physical
and/or mental disability such as deaf-mute, the
lepers, the crippled, the bed-ridden, and the
like;
2. Those who do not need further supervision as
evidenced by the following:
a) Consistent and religious compliance with all the condition
imposed in the other granting probation;
b) Positive Response to the programs of the supervision
designed to their rehabilitation;
c) Significant improvements in their social and economic life;
d) Absence of any derogatory record while under probation;
e) Marked improvements in their outlook in life by becoming
socially aware and responsible members of the family and
community; and
f) Significant growth in self-esteem, self –discipline and self –
fulfillment
3. Those who have ;
A. To travel abroad due to any of the Following:
1. An approved overseas job contract or any other
similar documents; or
2. An approved application for scholarship
observation tour or study grant for a period not
less than six months; or
3. An approved application for immigration
4. An approved application to take Bar and Board
examinations
b. To render public service
1. Having been elected to any public office; or
2. Having been appointed to any public office
4. Other probationers who have fully cooperated
with/participated in the programs of
supervision designed for their rehabilitaion and
who are situated under condition/circumstance
similar in nature to those above described at
the descretion of proper authorities
SECTION 56.PROCEDURE- in the first
year of implementation,the following
steps shall be observed to effect the
following termination of probation
1.The Supervising Probation Officer on case who
excercises direct supervision over the
probationer shall prepare the motion for the
modification of probation, i.e early termination
addressed to the Court which has control the
supervision over the probationer concerned in
accordance with Section 12 of the Probation
Law of 1976,as amended.
2.The motion shall thereafter be forward for review
and clearance to the Regional Director who shall
act on said motion within a period of three (3)
days after receipt of the same
3.Should the said motion be approve by the Regional
Director, the supervising probation officer on case
shall file the same with the trial court within two
days after receipt thereof
4. Should the said motion be disapproved, the same
shall be filed in the supervision case file/record of
the probationer for the future reference
5. Should the motion be approved by the Trial
Court , the procedure for termination, due to
successful completion of probation specified in
the rules shall apply
XI. PROBATION AIDES
Section 57. Qualifications: functions.-
a) The Probation Aides must be citizens of good
repute and probity at least 18 years of age on
the date of appointment, at least high school
graduates and preferably residence of the same
locality or community covering the place of
residence of the probationer and/or the CPPOs,
SPPOs, and SrPPOs, PPOs II and PPOs I.
b) Probation Aides may be requested to assist the
CPPOs, SPPOs, SrPPOs, PPOs II, and PPOs I in
the supervision of probationers assigned up to
a maximum case load subject to administrative
and technical supervision by the
abovementioned Probation Officers, prepare
records of their activities to accomplish related
reports and prompt submission thereof: and
undertake other related activities.
SECTION 58. APPOINTMENT:
TERM OF OFFICE.-
a) Probation Aides shall be appointed by the Probation
Administrator or through authority delegated to the
Regional Directors within their respective areas of
responsibility upon the recommendation of the CPPOs.
b) Probation Aides so appointed may hold office during
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 the service of
Probation Aides for unsatisfactory performance at least
two (2) consecutive semesters as determined by the
proper office and/or for other lawful and valid
cause(s).
SECTION 59. CASELOAD
a) In assigning probation supervision caseloads to
the Probation Aides shall duly consider their
respective qualifications, length of service, work
accomplishments, and other related criteria.
b) The maximum supervision caseloads in
Probation Aide at any given time , shall be ten
(10) probationers on minimum case classification
or three (3) probationers on maximum case
classification in addition to their duties.
XII. TERMINATION OF THE
PROBATION SUPERVISION CASE
SECTION 60. GROUNDS. The
probationer supervision period may be
terminated by the on any of the
following grounds:
a) Successful completion of probation;
b) Probation revocation for a cause under Section
49 (a-c) of these Rules,
c) Death of probationer;
d) Early termination of probation; or
e) Other analogous causes or reasons on a case-to-
case basis as recommended by the Probation
Office and approved by the Trial Court.
SECTION61. TERMINATION
REPORT.
-The City or Provincial Parole and Probation Office
shall submit to the Trial Court a Probation Officer’s
Final Report (PPA Form 9) thirty (30) days before
the expiration of the period of probation
embodying, among the others, the following:
a) Brief personal circumstances of the probationer;
b) Brief criminal circumtances about his case;
c) Prescribed probation treatment and supervision
program;
d) Probationer’s response to the treatment
plan/program;
e) Recommendation to discharge the probationer from
probation and the restoration of all his civil rights;
and
f) Such other relevant and material facts of information
which may required by the Trial Court.
SECTION62. FINAL
DISCHARGE
-After expiration of the original or extended probation period
and based on due consideration of the Pos Final Report , the
Trial Court may order final discharge of the probationer upon
finding that he has fulfilled the probation terms and
conditions; and, thereupon, the probationer supervision case
is declared terminated.
SECTION63. LEGAL EFFECTS OF
FINAL DISCHARGE:
TERMINATION ORDER.
a) The final discharge of a probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
duly discharge his liability for any fine
imposed as to the crime or offense for which
probation was granted without prejudice to his
civil liability.
b) The probationer and the probation office shall
be promptly furnished with copies of such final
discharge or Termination Order.
XIII. CLOSING OF THE
PROBATION CASE
SECTION64. POINT IN
TIME
- After actual receipt of the Termination
Order finally discharging the probationer,
the Probation Office shall formally close to
the probation case and keep client’s case file.
SECTION65. MODE
- Immediately after such closure of the
probation case, the corresponding
probation records shall be archived, but
not after the proper reporting is done.
XIV. PROBATION REPORTS
Section 66. Monthly.- The Probation Offices through
the CPPO shall submit within the first ten (10) days of
ensuing month of the administrator, copy furnished
the RDs concerned, their Monthly Caseload Summary
Reports (PPA Form no.5) and its attachments.
SECTION 67.SEMESTRAL
The Probation Officers shall also submit within the first fifteen days of
the ensuring semester to the Administrator, copy furnished the RD’s
and PPA Planning Staff with their respective Semestral
Accomplishment Progress Reports containing among others, list and
brief description of their work accomplishments for the quarter . Their
encountered problems and suggested solutions and other related
matters
SECTION 68. ANNUAL
The Regional Offices through the RDs shall submit within
thirty days of the ensuing years to the Administrator, copy
furnished the PPA Planning Staff, their respective Annual
Reports containing among others, operational highlights ,
special programs and projects undertaken and/or other
significant accomplishments for the year.
XV. MISCELLANEOUS
PROVISIONS
SECTION 69. FORMS – All the probation forms
specified herein shall be understood to have been
contemporaneously prescribed by the
Administration and approved by the Secretary of
Justice, from the time as the need arises.
SECTION 70. CONFIDENTIALITY
OF PROBATION RECORDS
The PSIR and the supervison case notes of a probationer obtained
under PD No. 968, as amended , and these Rules, otherwise known
as the probation investigation and supervision records, shall be
privileged and shall not be described directly or indirectly to anyone
other than the Parole and Probation Administration, the Trial Court
or other court(s) concerned ,except that the court of origin may
SECTION 71. MISCELLANEOUS
POWERS OD CHIEF PROBATION
AND PAROLE OFFICERS
The CPPOs shall have the authority within their
respective territorial jurisdiction to administer oaths
and acknowledgements and to take depositions in
connection with their duties nad functions under
PD No. 968 , as amended, and these Rules
SECTION 72. AUTHORITY TO ISSUE
RULES OR RULINGS AND ADMINISTER
PROGRAMS AND PROJECTS
A. The Administrator may issue rules or rulings to clarify, interpret or construe the
provisions of these Rules and the Probation Law without the need of public
notice hearing and publication
B. The Administration shall:
1. Develop, formulate , implement and administer appropriate organizational
programs;
2. Provide educational technical, financial and calamity assistance to clients and
personnel.
3. Offer live hood and enterprise development;
4. Generate job placements and employment opportunities;
5. Undertake surveys and research related to program implementation
6. Assist on giving amelioration , provident and welfare benefits; and other social
economic development and transformation programs, projects and activities for
probationers, their immediate families and other dependents; and
7. Support associations and communities of its clients and whenever applicable of
its personnel
SECTION 73.
APPROPRIATIONS
So much budgetary amount as may be necessary shall be
included in the annual appropriations of the National
Government for the PPA in order for it to move efficiently
and effectively and successfully implement the provisions of
PD No.968, as amended , the pertinent provisions of
Executive Order No. 292 and these Rules
SECTION 75
SEPARABILITY CLAUSE
If any part, section or provison of these
Rules is held invalid or unconstitutional, the
other parts, sections or provisions not
affeccted thereby shall continue in operation.
SECTION 76. FILING
It is hereby reported that three certified copies of
these Rules shall be filed with the UP Law Center
pursuant to Section 3,Chapter 2,Book VII,
Executive Order No. 292, otherwise known as the
Administrative Code of 1987.
SECTION 77. EFFECTIVITY
These Rules shall take effect after fifteen days
following the completion of the publication
thereof in at least three newspapers of general
circulation in the Philippines
Section 52. Disposition: Effect of Revocation: Remedy.
a) After a serious violation of a probation condition has been
established in the hearing, the Trial Court may order the
continuance of the probationer's probation or modification of this
probation contions or revoke his probation whichever is proper
and just under in judicial discretion.
b) If the probation period has been revoked, the Trial Court shall
order the probationer to serve the sentence originally imposed in
the judgement of his case for which he applied for probation.
c) A court order modifying the probation conditions as in Sec. 44 of
these rles or revoking probationer's probation shall not be
apealable. However, it may be correctable by certiorari under the
Rules of the Court.
Section 53. Right to Counsel. - In the hearing or proceeding for
violation of probation conditions, the probationer shall have th right to
counsel of his own choice.
Section 54. Representation for the State. - for the Prosecution
of serious violation of probation condition(s) during said hearing or
proceeding, the State shall be represented by the proper prosecuting
officer.
GUIDE TO EARLY
RELEASE OF PRISONERS
RELEASE ON RECOGNIZANCE
The offender under custody can be released to
responsible person in the community as provided
under Republic Act 6036.
Who may apply?
 Person charged with the violation of a
municipal ordinance.
 Person charged with a light felony.
 Person charged with a criminal offense, the
prescribed penalty of which is not higher than
6 months (arresto mayor) or a fine of P 2,000.00
or both)
When to apply?
 When the offender is committed to any BJMP
jail.
Where to apply?
 The Presiding Judge of the court.
RELEASE ON BAIL
 Bail is the security given for the release of a
person in custody of the law, furnished by him
or a bondsman, conditioned upon his
appearance before any court as required under
the conditions provided by the law on bail.
Who may apply?
 Before or after the conviction by the
Metropolitan Trail Court, Municipal Trial
Court, MTC in cities and Municipal Circuit
Trial Court (MCTC)
 Before conviction by the Regional Trial Court
of an offense not punishable by death,
reclusion perpetua or life imprisonment.
Where to apply?
 The Court where case is pending. In the absence
or unavailability of the judge, another branch of
the same court within the province or city.
 If the accused is arrested in the province, city of
municipality other than where the case is
pending, any Regional Trial Court of the said
place.
 If not yet charged in court, any Court in the
province, city or municipality where the person
in custody is held.
CHILD AND YOUTH WELFARE
CODE (PD603) FAMILY COURTS
ACT (RA8369)
Who may apply?
 A child nine is (9) years of age or under at the
time of the commission of the offense.
 A child over nine (9) years and under eighteen
(18) years of age at the time of the commission
of the offense, unless he acted with
discernment.
When to apply?
 When the person is youthful offender at the
time of the commission of the offense.
Where to apply?
 The Court that suspended the sentence upon
recommendation by the Department of Social
Welfare and Development (DSWD) or other
agencies authorized by the Court.
PROBATION LAW (PD 968)
Who may apply?
A convicted offender:
o Sentenced to served a maximum term of
imprisonment of not more than six (6) years.
o Not convicted of supervision, or any crime against
national security or public order.
o Not previously convicted by final judgment of an
offense punished by imprisonment of not less than
one (1) day and/or fine not less than P 200.00;
o Who is yet serve his sentence at the time the
substantive provisions of PD 968 became
applicable.
When to apply?
After conviction and sentence, a convicted
offender or his counsel may file petition for
Probation.
Where to apply?
 The Presiding Judge of the Court.

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scribfree.com_non-institutional-correction.pdf

  • 3. Community-based Approach to Corrections as a way to decongest the prisons involve the Public Attorney’s Office and the national prosecution service effecting the immediate release of detainees either on bail or recognize and giving priority to the trial of detainees who cannot be released on bail or recognizance.
  • 4. Advantages of community- based corrections are: 1. Family members need not be victims also for the imprisonment of a member because the convict can still continue to support his family, not to be far away from his children ; 2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prison who will only influence him to a to a life crime; 3. Rehabilitation can be monitored by the community thus correction can be more effective; 4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-strapped government.
  • 5. The Philippines has its unique and indigenous way of setting disputes and treating offenders at its smallest political unit level-the village or barangay. The system is called Katarungang Pambarangay. Katarungang Pambarangay- takes charges of all disputes between and among parties residing in the village, city or municipality which are punishable by imprisonment not exceeding one(1) year or a fine not exceeding 5,000.
  • 6. The working of the criminal justice system training program are; 1.To equip the participant with knowledge and skills on the criminal justice system process; 2.To develop a core of trainers for a comprehensive and effective dissemination of information on the criminal justice system; 3.To get the commitment of participants on their role as member of the Speakers Bureau of the criminal justice system.
  • 7. 6(six) Agencies involved in this Memorandum of Agreement(MOA) 1.Bureauof Jail Management and Penology(BJMP) 2. Public Attorney’s Office(PAO) 3. National Prosecution Service(NSP) 4. Bureau of Correction(BUCOR) 5. Parole and Probation Administration(PPA) 6. Board Pardon and Parole(BPP)
  • 8. MOA, early release of prisoners maximum implementation of applicable laws RA 6036 (Release on Recognizance) RA No. 6127 (Grand of Full Time Credit) PD No. 968 (Adult Probation Law) PD No. 603 (Child & youth Welfare Code) PD No. 85 (Preventive Imprisonment)
  • 9. Executive Clemency Shall refer to absolute pardon, conditional pardon with or without parole conditions and commutation of sentence as may be granted by the president of the Philippines upon the recommendation of the board of pardons and parole. The Board of pardon and parole is the agency in charge with the release of sentenced prisoners based on modes specified by law. Its actions and proceedings are governed by the provisions of section 4 of Act No. 4103, otherwise known as The Indeterminate Sentence Law, as amended, and Executive Order No. 292, series of 1987, otherwise known as The Administrative Code of 1987.
  • 10. Pardon Is a form of executive clemency granted by the President of the Philippines as a privilege extended to a convict as a discretionary act of grace. Under these unpalatable realities, pardon is a safety valve to save the skin of those wrongly accused and condemned under the guise of justice.
  • 11. Two kinds of Pardon in the Philippines 1.Absolute Pardon 2.Conditional Pardon
  • 12. Absolute Pardon Refers to the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever and restores to the individual his civil rights and remits the penalty imposed for the particular offense of which he was convicted. Is also granted by a president to an imprisoned president the incumbent has deposed. Is granted in order to restore full political and civil right to convicted persons who have already served their sentence and have reached the prescribed period for the grant of Absolute Pardon.
  • 13. The purposes of Absolute Pardon are; 1.To right a wrong. Nothing this world is perfect. Even the Administration of justice can escape this phenomenon. In fact, there is now a serious move to abolish the death penalty in the United States because, the use of DNA analysis has proven beyond the shadow of reasonable doubt that considerable number of convicts executed in the United States in the past has now been clearly and embarrassingly proven to have been innocent of the crimes imputed to them. 2.To normalize a tumultuous political situation. They are hounded by the military and police and charged with spurious crimes before a judiciary that that has become a kangaroo court beholden to the ruling powers.
  • 14. Conditional Pardon On the other hand, refers to the exemption of an individual, within certain limits or conditions; from the punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability. Under Article 95 of the Revised Penal Code, a pardon violator upon conviction will be liable for imprisonment of ‘’prison correctional’’. But under Article 159 of the Revised Penal Code, if the un- expired portion of the original sentence of the pardonee exceeds six years, then this more than six years of pardoned sentence will have to be fully served by the recommitted pardon violator.
  • 15. Amnesty A special form of pardon exercised by the President of the Republic is amnesty. Amnesty is a general pardon extended to a certain class of people who are usually political offenders. On the other hand, Amnesty needs the concurrence of congress and the court also take judicial notice of the act by the president. It also granted only after final sentence. Amnesty can be granted before or after conviction by the court.
  • 16. In the United States, President Harry S. Truman issued two Presidential Proclamations granting amnesty to groups of unnamed persons who were anti-war activists who opposed the involvement of the United States in two war. The first amnesty was proclaimed in 1945 right after World War II. The second is after the Korean War in 1952. The purpose of such grant of amnesty is to free those identified to be against these wars from prosecution and harassments from government or other members of society.
  • 17. The Philippines likewise issued two amnesty proclamations in the past. The first one issued under Presidential Proclamation No. 51 by then President Manuel Roxas amnestying those who collaborated with the Japanese during World War II. The second was Proclamation No. 76 issued by then President Elpidio Qurino extending amnesty to leaders and members of the Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) or Huk and Pambansang Kaisahan ng mga Magbubukid (PKM) which is an organization of peasants fighting for agrarian reform and is part of the communist underground movement.
  • 18. Reprieve Like Pardon, Reprieve is also another prerogative exercised by the President of the Philippines. Generally, it is applied to death sentences already affirmed by the Supreme Court. But it can also be invoked in other cases that have become final. Is the temporary stay of the execution of a sentence. In death sentences, the date of execution of the death convict is held in abeyance for a certain period to enable the Chief to temporarily stay execution of sentence.
  • 19. COMMUNICATION OF SENTENCE Communication of sentence shall refer to the reduction of duration of a prison sentence. It is another prerogative of the president. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term. Death sentence or life imprisonment is reduced to a shorter sentence communication does not forgive the offender but merely reduces the penalty of life imprisonment or death sentences for a term of years.
  • 20. Communication of sentence is resorted to because the law prescribes uniform punishment for crimes regardless of how serious or how light the offense committed is. A good example is qualified theft in which the penalty is the same whether the convict’s crime is only climbing a tree to get a few fruits to eat because he or she is very hungry. Communication of sentence also benefits inmates sentenced to a fixed or determinate sentence, which renders or her ineligible for parole. Communication of sentence changes the original fixed sentence to a lesser indeterminate sentence, which will then enable the beneficiary to be released on parole. Communication is also appropriate to use with convicts sentenced to several counts. The sentence may commuted t o one single indeterminate sentence through communication and rendering the recipient to avail of parole after serving the minimum sentence. The formal petition for Executive Clemency shall state the name of the petitioner, his age, previous criminal record if any whether Filipino citizen or an alien and if a naturalized Filipino his former nationality and date of naturalization., his previous occupation, place of residence , the crime for which he was convicted, the sentencing court, his sentence and the commencement thereof, the jail or prison to which he was committed and/or where he is presently confined, and the grounds upon which clemency is being asked.
  • 21. The petition for absolute pardon shall be accompanied by the following requirements. 1. affidavits of at least (2) responsible members of the community where the petitioner reside. The affidavits shall among others, state that the petitioner has conducted himself in a moral and law-abiding manner since his release from prison and shall indicate the petitioners occupation and the community service he has rendered, if any ; and 2. the clearance from the police, courts and prosecutors office where the petitioner resides. A petition for the grant of either absolute or conditional pardon shall be favorably endorsed to the Board by the Secretary of National Defense if the crime committed by the petitioner is against national security such as rebellion, subversion or sedition, or by the Commissions on Elections, in case of violations of election laws, rules and regulations. An application for executive clemency shall not be considered during the pendency of an appeal filed by the petitioner from the judgment of conviction. A petitioner shall be eligible for the grant of Executive Clemency if he meets th efollowing minimum requirements.
  • 22. 1. For communication of sentence, the petitioner must have served at least one third (1/3) of the minimum of his indeterminate sentence, or the following portions of his prison sentence consisting of Reclusion Perpetua (Life Improsinment). a. at least ten (10) years if convicted of robbery with Homicide, Robbery with Rape or kidnapping with Murder. b. At least eight (8) years if convicted of Simple Murder, Parricide, Rape or Violation of Anti- drug law. c. At least twelve (12) years if given two (2) or more sentences for Reclution perpetua; d. At least twenty (20) years in case of one (1) death sentence which was automatically commuted to Reclution Perpetua and. e. At least twenty five (25) years in case of two (2) sentence for Reclution Perpetua, provided that at least one (1) of the sentences had been automatically commuted from a death sentence.
  • 23. 2. For conditional pardon, the petitioner must have served at least one half (1/2) of the minimum of hi indeterminate sentence or the following portions of his prison sentence. a. at least two (2) years of minimum sentence if convicted of murder or parricide but not sentenced to reclusion perpetua. b at least one (1) year of minimum sentence if convicted homicide. c. at lest nine (9) months if convicted of frustrated Homicide d. at least sic (6) months if convicted of attempted homicide. 3. For absolute pardon, the (10) years must have a elapsed from the date of release of the petitioner from confinement or five (5) years from the date of expiration of his maximum sentence, whichever is more beneficial to him In acting on petitions for executive clemency, the BPP shall consider among others, the age, of the petitioner, the gravity of the offense and the manner in which it was committed, and the institutional behavior or conduct and previous criminal record, if any, or the petitioner.
  • 24.  However, the following category of prisoners shall not be considered for communication of sentence or conditional pardon.  For Communication of Sentence.  1. The petitioner is eligible for parole.  2. The petitioner had been sentenced to another prison term within one (1) year from the date of his last recommitment to the jail of prison from where he escaped.  3. The petitioner had violated and condition of his discharge on parole or conditional pardon and.  4. The petitioner is suffering from mental illness or disorder as certified by a government psychiatrist.  For Conditional Pardon  1. The petitioner is eligible for parole.  2. The petitioner had been sentenced to another prison term within one (1) year from the date of his last recommitment to the jail or prison from where he escaped.
  • 25.  3. The prisoner is suffering from mental illness or disorder as certified by a government psychiatrist and  4 The prisoner had violated a conditional pardon which was previously before the expiration of his maximum sentence.  In petitions for executive clemency cases, the director of corrections shall forward the prison and carpeta of a prisoner/petitioner to the Board of Pardons and Parole within the following periods.  1. Absolute Pardon- within 1(1) month from receipt by the director of the request made by the board for the prison record and carpeta.  2 Communication of Sentence- at least 1 (1) month before the expiration of one(1/3) of the minimum period of the prisoner indeterminate sentence and in special cases at least one (1) month before the periods becomes qualified.  3 Conditional Pardon- at least one (1) month before the expiration of one-half (1/2) of the minimum period of the prisoner’s indeterminate sentence and in special cases at least one (1) month before the periods the petitioner becomes qualified.
  • 26.  Parole The release of prisoners before the expiration of his maximum sentence is what is called Parole. The 1957 National Conference on Parole has defined it as “ a method of selectivity releasing an offender from institution prior to completion of his maximum sentence, subject to conditions specified by the paroling authority a method whereby society can be protected and he offender can be provided with a continuing treatment and supervision in the community. The Board of Pardons and Parole is the administrative arm of the President of the Philippines in the exercise of his constitutional power to grant, except in cases of impeachment, reprieves communication and pardons, after conviction by final judgment. BPP is composed of seven (7) members all appointed by the President of the Philippines with the Secretary of Justice acting as Chairman. In practice, however one of the Undersecretaries of Justice is serving as Acting Chairman. The law requires that the six board members should include a sociologist, a clergyman, an educator, a lawyer, a penologist, and at least one (1) woman.
  • 27.  Parole is freedom extended to incarcerated offenders even before the expiration of his sentence if the offender can show that he had been converted into a respectable, law-abiding citizen.  A parole continues to receive treatment even when he is already in outside. He remains supervised by a parole officer from the Probation and parole administration who tasked and monitoring his movements and provide necessary assistance and support ranging from personal counseling and therapy to help in looking for employment.   A prisoner is eligible for parole once the inmate had served the minimum sentence, less GCTA earned, of his indeterminate prison sentence the maximum period of which exceeds one (1) year except under the following circumstances.  1. When sentence is Reclusion Perpetua  2. those convicted of treason, conspiracy of proposal to commit treason.  3. those convicted of misprision of treason, rebellion, sedition or espionage.
  • 28.  4. those convicted of piracy.  5 those who are habitual delinquents i.e, those who within a period of ten (10) years from the date of release from prison of last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, and falsification, are found guilty or any of said crimes a third tune of oftener..  6. those who escaped from confinement or evaded sentence.  7. those were granted conditional pardon and violated any of its terms thereof.  8.those whose maximum term or imprisonment does not exceed one (1) year or are with definite sentence.  9. those suffering from any mental disorder as certified by a psychiatrist report of the Bureau of Corrections or the National Center for Mental Health.  10. those whose conviction is on appeal ; and  11. those who have a pending criminal case for an offense committed while serving sentence.
  • 29.  Parole will be granted whenever the Board of Pardons and Parole finds that there is a reasonable probability that if released, the prisoner will be law-abiding and that his release will not be incompatible with the interest and welfare of society.  The Board of Pardons and Parole shall not consider the release on parole of national prisoner who is serving sentence in a municipal, city or provincial jail unless the confinement is said jail is in good faith or due to circumstances beyond the priosners control.  A parolee/pardonee may not transfer from the place of residence designated in his Released Document without prior written approval of the BPP. To secure such approval, a written application in the form prescribed by the BPP shall be filed by the parolee/pardonee with his parole and probation officer at least fifteen (15) days before the requested transfer. The application together with the recommendation of the parole and probation officer, will be forwarded to the BPP for appropriate action.  In case of the parolee’s/ pardonee’s death, the parole and probation officer shall transmit to the BPP certified true copy of the death certificate.
  • 30.  Upon expiration of the maximum sentence of the parolee/pardonee, the BPP may, upon recommendation of the PPA, issue a Certificate of Final Release and Discharge (CFRD) to a parolee or recommend to the President that a similar certificate be issued to a pardonee. Police, court and prosecutor and such other clearance as may required by the BPP shall be attached to the PPA recommendation. A certified tru copy of the CFRD shall also be furnished the sentencing court.  CFRD finally releases the parolee/pardonee from the conditions he is obligated to comply. However, the accessory penalties which have not been expressly remitted in the Certificate shall continue considerations.  The BPP grant parole or conditional pardon under special considerations for the following to subsist.  1. old age, provided the inmate is below sixty (60) years of age when crime was committed.  2. physical disability such as when the petitioners is bedridden, deaf-mute, a leper, cripple or blind provided such physical disability is not present when the crime was committed.  3. serious illness duly certified by a government physician
  • 31.  4. similar circumstances which show the continued imprisonment will be inhuman or will pose grave danger to the life of petitioner.  Following factors will be considered by the BPP in granting parole or conditional pardon.  1. evidence that petitioner will find legitimate source of livelihood upon release.  2. petitioner has a place to establish residence: and  3. availability of after-care services for old, seriously ill or physically disabled petitioner.  Aliens granted parole or pardon by the BPP shall be turned over to the bureau of immigration and deportation for disposition documentation and appropriate order.  In case the petitioner has co-accused the prison record carpeta and other relevant documents of the petitioner’s co-accused shall also be considered.
  • 32.  Any member of the BPP or government official authorized by the BPP may interview inmates in prison and jails to determine whether or not they may released on parole or granted executive clemency.  Before an interview, the board may require a prisoner convicted of a heinous crime as defined under Republic Act NO. 7659 and other special laws to undergo psychological/ psychiatric examination if the prisoner has a history of mental instability or in any case.  A Parole or pardon may be cancelled by the BPP if it is found that material information furnished by the parolee/pardonee either before or after release, was incomplete or parolee/pardonee had willfully or maliciously concealed material information from the BPP.  RULES ON PAROLE AND GENERAL GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY  Pursuant to Act No. 4103 otherwise knows as “The Indeterminate Sentence Law” as amended by among others, Section 21 Title III Book IV of Executive Order No. 292 dated July 25, 1987 otherwise know s “ The Administrative Code of 1987” the following Rules on Parole are hereby promulgated.
  • 33.  RULE 1  GENERAL PROVISIONS  Rule 1.1 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 personally liberty. Under Section 5 of said Act, it is the duty of the Board or Pardonee 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.  Rule 1.2 Definition of Terms- As used in these Rules unless the context indicates otherwise-  a. Board refers to the board of parolee and pardonee  B. Carpeta refers to the institutional record of an inmate which consists of his mittimus or commitment order issues by the court after convictions, the prosecutors information and the decisions of the trial court and the appellate court, if any certificate of non-appeal certificate of detention and other pertiment documents of the case.
  • 34.  C. “Director” refers to the Director of the Bureau of Corrections.  D. Parole refers the conditional release of a prisoner from a correctional institution after he has served the minimum of his prison sentence.  E. Parole Supervision- refers to the supervision/ surveillance by the probation and parole officer of a parolee.  F. Parole refers to a prisoner who is released on parole.  G. Penal Superintendent- refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for Women and the prison and penal farms of Bureau of Corrections.  H. Prison Record- refers to information concerning an inmate personal circumstances, the offense he committed the sentence imposed the criminal case number in the trial and appellate the date he was received for confinement the place of confinement the date of expiration of the sentence the number of previous convictions if any and his behavior or conduct while prison.  I. Probation and Parole Officer refers to the Probation and Parole Officer undertaking the supervision of the parolee.  J. Regional Director refers to the Head of the Parole and Probation Administration in region  K. Release Document refers to the Discharge on Parole issued by the board ;and  L. Warden refers to the Officer –In-Charge of the Provincial, City, Municipal or District Jail.
  • 35. RULE 2 RULES IN CONSIDERING PAROLE CASE  Part A. Eligibility for review and Disqualification Rule 2.1. Eligibility for Review of A Parole Case – prisoner’s case shall be eligible for review by the board unless. a. The prisoner is confined in prison or jail 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 ; and b. He has served the minimum period of said sentence. Rule 2.2. Disqualification for Parole – Pursuant to among others, Section 2 of Act No. 4103 as amended otherwise knows as “Indeterminate Senate Law” said Act shall not apply and parole shall not be granted to the following prisoners. c. Those convicted of an offense punished with the death penalty reclusion perpetua of life imprisonment. d. Those convicted of treason conspiracy or proposal to commit treason or espionage.
  • 36.  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.  E. those are habitual delinquents, be those who within a period of ten (10) years from the date of release from prison or last conviction of the crimes of serious or less serious physical injuries robbery, theft, estafa, and falsification are found guilty of any of said crimes a third time of offender.  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 and 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 a government psychiatrist/ psychologist;  J. those whose conviction is on appeal or has not yet become final and executory.;  In case the prisoner has one or more co-accused who had been convicted, the Director/ Warden concerned shall forward their prison records and carpetas at he same time.  K. those who have pending criminal case/ s.
  • 37.  L. those national prisoners serving sentence in a municipal city district or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoner’s control.  Part B. Form and Contents of Petition  Rule2.3 Review Upon Petition or Mota Propio; Form and Contents of Petition- a parole case may be reviewed by the board upon petition or motu propio. Where a petition shall substantially comply what that prescribed by the board and shall clearly show the following. a. That the prisoners case eligible for review by the board. b. That is not disqualified from being granted parole. Part C. Procedure Rule 2.4 Transmittal of carpeta and prison record – the Director or warder 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.
  • 38.  Rule 2.5. Publication of Names of Prisoners Being Considered for Parole – The board shall cause the publication in newspaper of general circulation the names of prisoners convicted of heinous crimes or those sentenced to reclusion perpetua of life imprisonment and those sentence has been commuted to an indeterminate prison term and may be considered for release on parole.  Rule 2.6 Notice to Offended Party – I n addition to the publication in a newspaper of national circulation 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 to the board regarding the contemplated grant of parole to the prisoner.  Rule 2.7 Deferment of Parole when Safety Compromised – 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 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.  Part D. Proceedings of the Boar  Rule 2.8. Factors to be Considered In Review of Parole cases- the following factors may be considered by the board in its review of parole case.
  • 39.  A. the degree of prisoner’s rehabilitation and his institutional behavior or conduct.  B. previous criminal record, if any the risk to others 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 offence and his degree of remorse;  D. evidence that the prisoner will be legitimately employed upon release or has a place where he will reside; and  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.  Rule 2.9. Grant of Parole- 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 the there is reasonable probability that if release he will live and remain at liberty without violating the law and  C. that his release will not be incompatible with the welfare of society.
  • 40.  Rule 2.10 Meetings – the board shall meet in executive session regularly or upon the call of the Chairman.  Rule 2.11 Quorum – A majority of all the members of the board shall constitute a quorum.  Rule 2.12 Board Action - A majority of the members of the board, constituting a quorum, shall be necessary to support a decision of the board or to carry out any action. However in order to grant parole, to modify any of the terms and conditions appearing in a Release Documents, to order the arrest and recommitment of a parolee, and to issue certificate of final Release and discharge to a parolee, and decision or action must be supported by at least four (4) votes of the members of the board.
  • 41. RULE 3 RULES AFTER GRANT OF PAROLE Part A. Parole supervision RULE 3.1 Release, form of release Document - A prisoner shall be released upon the grant of parole. RULE 3.2 Transmittal of Release Document - The Board shall send a copy of the release Document to the prisoner through the Director of Corrections or warden of the jail where he is confined. RULE 3.3 Parole Supervision - 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. RULE 3.4 Presentation of probation and parole officer - Within the period prescribed in this release Document, the parolee shall present himself to the probation and parole officer specified in the released document for supervision. RULE 3.5 Arrival report - Within fifteen (15) working days from the date when the parolee reported for
  • 42. supervision, the probation and parole officer concerned shall inform the board, through the technical service of the parole and probation Administration, of such fact. RULE 3.6 Mandatory Conditions of Supervision - It shall be mandatory for a parolee to comply with the terms and conditions appearing in the release Document. RULE 3.7 Review and Modification of Conditions - Board may, Motu proprio or upon recommendation for the probation and parole officer, revise or modify and terms and conditions appearing in the release Document. RULE 3.8 Transfer of Residence - 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. RULE 3.9 Outside Travel - 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. RULE 3.10 Travel Abroad and / or Work Abroad - Any parolee under
  • 43. RULE 3.11 Death of Parolee - 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. Part B. Infraction/Violation of the Terms and conditions of the Release Document. RULE 3.12 Reports - the probation and parole officer concerned shall submit the following reports of the board. RULE 3.13 Arrest of parolee – Upon receipt of an infraction report, the board may order the arrest or recommitment of the parolee. RULE 3.14 Effect of recommitment of parolee – The parolee who is commitment to the 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. RULE 3.15 Withdrawal of release Document – The Board may recommended the withdrawal of the release document if it finds that material information given by the parolee of the
  • 44. board,either before or after release, was false, or incomplete or that the parolee had willfully or maliciously concealed material informtion from the board. PART C. Termination of parole supervision RULE 3.16 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 parole. RULE 3.17 Certificate of final Release and Discharge – Upon receipt of 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. RULE 3.18 Effect of Certificate of Final Release and Discharge – Upon the issuance of a certificate of final release and discharge, the parolee shall be finally released and discharge from the conditions appearing in his release document. RULE 3.19 Transmittal of Certificate of Final Release and
  • 45. officer concerned, the bureau of corrections, the NBI, the PNP, and the office of the probation. RULE 4 REPEALING AND EFFECTIVITY CLAUSES RULE 4.1 Repealing Clause – The Rules and regulations of the board of Pardons and parole dated 20 December 1989 and the revised rules and regulations of the board of Pardons and parole dated 26 November 2002 are hereby repealed, and all other existing rules, regulations and resolutions of the which are inconsistent with this rules are likewise repealed or amended accordingly. RULE 4.2 Effectivity Clause – These Rules shall take upon approval by the secretary of justice and fifteen (15) days after its publication in a newspaper of general circulation. GENERAL GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY GENERAL PROVISIONS SECTION 1. Plenary Power of the president to Grant Executive Clemency - Under Section 19, Article VII of the Constitution, except in cases of impeachment, or as otherwise provided in the constitution,
  • 46. SECTION 2. Consideration of cases for Executive Clemency – The board may consider cases for executive clemency upon petition, or referral of the office of the president, or motu proprio. SECTION 3. Extraordinary Circumstances –grant of executive clemency only when there exist extraordinary circumstances such that the strict application of the law will result to manifest injustice. SECTION 4. Petition - when the petition is filed by, or on behalf of, a prison, the form of said petition shall substantly comply. PROCEDURE SECTION 5. Referral to Government Agencies - The board may, in its discretion, refer a petition for executive clemency to probation and parole officer who shall submit within thirty (30) days form receipt of referral a repot on the behavior character antecedents, mental and physical condition of the peetitioner, and the results of the national bureau of investigations record check. SECTION 6. Transmittal of carpeta and prison Record - The Director or warden concerned shall forward the prison record and carpeta of a prisoner being considerd for executive clemency.
  • 47. SECTION 7. Notice to convicting trial judge, procecutor's office, and offended party - In all cases when a prisoner is being considered for executive clemency . SECTION 8. Publication of Names of those Being Considered for Executive Clemency – The bureau shall cause the publication in a newspaper of national circulation the names of prisoners who are being considered for executive clemency. PROCEEDINGS OF THE BOARD SECTION 9. Board Deliberation – Any matter pertaining to executive clemency, including petitions for executive clemency, shall be decided by the board only after deliberate during a meeting where there is a quorum. SECTION 10. Board Meetings – The board shall meet once a week, of oftener upon call by the chairman, too deliberate matters pertaining to executive clemency. SECTION 11. Quorum – A majority of all the members of the board shall constitute quorum. SECTION 12. Contents of Minutes of Board Meeting – The minutes of the meeting of the board shall show the votes of its individual
  • 48. filed, the board shall consider the same and may, in its discretion, require the opposition to submit supporting evidence. SECTION 14. Documents to be Considered – In determining the whether there exist extraordinary circumstances such as the strict application of the law will result in manifest injustice. SECTION 15. Board Recommendation, Resolution and Certification. – At least four (4) vote of the member of the board shall be necessary to recommend the grant of executive clemency said recommendation shall be contained in a resolution of the board to be submitted to the office of the president. SECTION 16. Supporting Documents – The board shall submit all relevant documents to the office of the presidents long with its resolution recommending the grant of executive clemency. GUIDELINES AFTER GRANT OF EXEECUTIVE CLEMENCY SECTION 17. Implementation of President’s Grant of Executive Clemency – Upon receipt from the office of thee president of the documents evidencing the president’s grant of executive clemency.
  • 49. SECTION 18. Certificate of Release – When the grant of parole of executive clemency entitles the prisoner to be released from prison. SECTION 19. Monitoring of Compliance with conditions of Pardon – Where the president grants conditional pardon to a prisoner. SECTION 20. Presentation to Probation and Parole Officer – Within the period prescribed in the document evidencing the president’s grant of executive clemency, the prisoner shall present himself to the probation and parole officer concerned. SECTION 21. Arrival Report – The Probation and parole officer shall submit his arrival Report to the board. SECTION 22. Violation Report – If a prisoner granted conditional pardon violates any conditions of his conditional pardon or commits any serious deviation or non-observance of the obligations imposed under the supervision program the probation and parole officer concerned shall immediately submit a violation report to the Board. SECTION 23. Infraction and Progress Report – If a prisoner granted conditional pardon is charged with committing another offense during the period of his supervision.
  • 50. death certificate to the board recommending the closing of the case. SECTION 25. Recommendation for Arrest of Prisoner for Violation of Conditions of Pardon – Upon determination that a prisoner granted conditional pardon has violated the conditions of his pardon, the board shall recommend his arrest recommitment to the president. SECTION 26. Summary Report – Upon the expiration of the period stated in the document evidencing the president’s grant of executive clemency, 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 the prisoner. SECTION 27. Certificate of Compliance with Conditional Pardon – Upon receipt of the summary Report, The board shall upon recommendation of the chief probation and parole officer that the prisoner granted conditional pardon has complied with all the conditions of is pardon, issue to certificate to compliance with conditional pardon. SECTION 28. Transmitted of Certificate of compliance with Conditional Pardon – The board shall forward a certified true copy of the certificate of compliance with the conditional pardon to the prisoner.
  • 51. immigration for disposition, documentation and appropriate action. REPEALING AND EFFECTIVITY CLAUSES SECTION 30. Repealing Clause – The portions pertaining to executive clemency of the rules and regulations of the board of pardons and parole dated 20 December 1989 and the Revised Rules and regulations of the board of pardons and parole dated 26 November 2002 are hereby repealed. SECTION 31. Effectivity Clause. – Guidelines shall take effect upon approval by the secretary of justice and fifteen (15) days after its publication in a newspaper of general circulation. PROBATION Probation is another form of non-constitutional corrections practices that gives a sentence convict the chance to reform and rehabilitate himself without having to spend time in jails.
  • 52. Who are disqualified for Probation? 1. Those sentenced to serve a maximum term of imprisonment of more than six (6) years. 2. Those convicted of subversion or any crime against National Security or the Public Order. 3. Those who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and / or fine of not less than two Hundred Pesos. (P200.00); 4. Those who have been once on probation under the provisions of this Decree; and 5. Those who are already serving sentence at the time substantive provisions of the Probation law became applicable.
  • 53.  Difference between Parole and Probation Parole is different from probation in that parole is administrative function of the executive branch of the government, while the probation is a judicial function. In parole, the offender serves a part of the sentence in prison before he is released, while in probation, the convicted offender does not need to go to prison at all. In other words, parole is an extension of institutional treatment while probation is a substitute for imprisonment. Parole is granted by the board, while probation is granted by the judge. Both releases are conditional and subject to supervision of a parole probation officer.
  • 54.  DIFFERENCES BETWEEN PAROLE AND MANDATORY OR CONDITIONAL RELEASE Mandatory or conditional release is the release prescribed by law of a prisoner who has served his term of commitment less “good time “ nor “ work time “ credits under the parole conditions and under supervision until the expiration of the maximum term for which he was sentenced. In parole, the prisoners is released after he has served his minimum or part of his sentence but before the expiration of his full sentence, while mandatory or conditional release, the prisoner is released under conditions of parole after he has served his full sentence minus his “good time “ or “work time” credits.
  • 55.  Parole and Indeterminate Sentence Law Indeterminate Sentence is closely connected with parole. An indeterminate sentence is one with minimum and maximum periods of imprisonment. The prisoner is not eligible for parole consideration until he has served his minimum sentence. Ideally, the gap between the minimum and maximum sentence should be wide in order that the process of rehabilitation in prison may be continued long enough to make certain its effects.  Probation for youth offenders (Presidential Decree 603) The law covering this institutional set – up is PD 603 which was enacted in 1974 and otherwise known as the child and youth welfare code which suspends the sentences of minors offenders whose ages range from nine (9) years to eighteen (18) years and places them in the rehabilitation centers under the supervision or custody of the DSWD or released on probation to custody of their parents or to any responsible person under the supervision of the DSWD.
  • 56.  Under this decree, a youth offender under trial who cannot post bail, shall be committed to the DSWD or to local rehabilitation center or to the detention home in the provinces or city. There are ten (10) Regional Rehabilitation Centers for youth nationwide nine for boys and one for girls. If such facility in not accessible, the court may commit the youth to a jail where they will be confined in quarters separate from other offenders.  Presidential decree 1179 and 1210 amended PD 603, to require an application for suspended sentence before this privilege can be availed of. If the court find the youth guilty, the court will not sentence the offender but shall suspend further proceedings and commit the youth to the custody of the DSWD, or to any government training institution. Suspended sentence, However became automatic with the passage of Republic Act 8369 otherwise known as the Family Courts Act of 1997.
  • 57.  The DSWD recognizes that the family has been an important factor in the offender’s commission of the crime. The family can and must play an important role in the offender’s effective rehabilitation. It is therefore, that the focus of treatment intervention should not only be the offender but his family as well. Rehabilitation efforts are focused on maintaining harmonious relations between the offender, his family, and the community and strengthening and empowering them altogether. Empowering the offender’s family should be done through awareness building and values formation regimen.  The law establishing probation is Presidential Decree No. 968 otherwise known as Probation Law of 1976. This law was issued on January 24, 1976 by them President Ferdinand E. Marcos. Since then it has undergone several amendments through Presidential Decree 1257, Batas Pambansa Bilang 76 and further amended by Presidential Decree 1990. This amended Probation Law is hereby reproduced below:
  • 58. PRESIDENTIAL DECREE NO. 968 ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. WHEREAS, 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; WHEREAS, the confinement of all offenders in prisons and other institution with rehabilitation programs constitutes a onerous drain on the financial resources of the country; and WHEREAS, there is need to provide less a costly alternative to the imprisonment of offenders who are likely to respond to individualized, community-based treatment programs; NOW, THEREFORE, I FERDINAND E. MARCOS, president of the Philippines, by virtue of the powers vested in me by the constitution, do hereby order and decree the following;
  • 59. SECTION1. Title and Scope of the Decree – this decree shall be known as the probation law of 1976. it shall apply to all offenders except those entitled to the benefits under the provisions of the presidential Decree Numbered Six Hundred and Three and similar laws. SECTION2. Purpose – This decree shall be interpreted so as to: (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; and (c) Prevent the commission of offenses.
  • 60. SECTION3. Meaning of Terms – As used in this decree the following shall, unless the context otherwise requires, be constructed thus: (a) “Probation” is a disposistion, under which a defendant, after conviction and sentence, is released subject to condition imposed by the court and to supervision of a probation officer, (b) “Probationer” means a person placed on probation, (c) “Probation Officer” means one, who investigates for the court a referral for probation or supervises a probationer or both,
  • 61. SECTION4. 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; that no application for probation shall be entertained or granted if the dependant has perfected an appeal from the judgment of conviction. SECTION5. Post – Sentence Investigation – 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.
  • 62.  SECTION 6 -Form of investigation Report -The investigation report to be submitted by the probation officer under SECTION 5 here of shall in the form prescribed by the probation administrator and approved by the secretary of justice.  Section 7. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT -The probation officer shall submit to the court the investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct the investigation. The court shall resolve the application for probation not later than fifteen days after receipt of said report. PENDING SUBMISSION OF THE INVESTIGATION and the resolution of petition, the defendant may be allowed on temporary liberty under his bailed in the criminal case, Provided that in case. Where no bail filed in the criminal case, provide ,That in case where no bail was filed or that the defendant is incapable of filling one, the court may allow the release of the defendant on recognize to the custody of responsible member of the community who shall guarantee his appearance whenever required by the court.
  • 63.  SECTION 8 CRITERIA FOR PLACING AN OFFENDER ON PROBATION -In determining whether an offender maybe placed on probation the courts shall consider all information relative to the character antecedent environment, mental & physical condition of the offender and available institutional and community resoures. 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 this commitment to an institution  (b)there is an under risk that during the period of probation the offender will commit another crime or (c) probation will depreciate the seriousness of the offense committed.
  • 64.  SECTION 9 DIS QUALIFIED OFFENDER -The benefits of the 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 againts national security or the public order; (c) who have previously been convicted by final Judgment of an punished by imprisonment of not less than one month and one day and/or fine of not less than two hundred pesos(200.00): (d)who have been once on probation under the provisions of this decree and (e)who are already serving sentence at the time the substantative provision of this decree became applicable pursuant to Sec.33 hereof.
  • 65.  SECTION 10 CONDITION OF PROBATION -Every probation order issued by the court shall contain conditions requiring that the probationer shall. (a)present himself to the probation officer designated undertake his supervision at such place as may be specified in the order within seventy two (72) hours from receipt of said order. (b)report to the probation officer atleast once a month at such time in place as specified by said officer. The court may also require the probationer to: (a)cooperative with a program of supervision  (b)meet his family responsibilities. (c)devote himself to specific employment and not to change said employment without the prior writtin approval of the probation officer; (d)undergo medical,psychological psychiatric examination and treatment and enter and remain in a specified institution when required for that purpose. (e)pursue a prescribed secular study or vocational training. (f)attend or reside in a facility established for instruction recreation or residence of person on probation. (g)refrain from visiting houses of ill-repute (h)abstain from drinking intoxicating beverages to excess.
  • 66.  (i)permit the probation officer or an authorized social worker to visit his home and place of work. (j)reside at premises approved by its and not to change be residence without its prior writtin approval or. (K)satisfy any other condition related to the rehabilitation of the defendant and unduly restrictive of his liberty or imcompatible with his freedom of conscience.
  • 67. SECTION 11: EFFECTIVITY OF PROBATION ORDER- A probation order shall take effect upon its issuance , at which time the court shall inform the offender of the consequence thereat and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense ,he shall serve the penalty imposed for the offense under which he was placed on probation. SECTION 12: MODIFICATION OF CONDITIONS OF PROBATION: during the period of probation, the court may, upon application of either the probationer or the probation officer, revise or modify the conditions or period of probation. SECTION 13: CONTROL AND SUPERVISION OF PROBATIONER- the probationer and his probation program shall be under the control of the court that placed him in probation subject to actual supervision and visitation by a probation officer.
  • 68.  Whenever a probation is permitted to reside in a place under the jurisdiction of another court control over him shall be transferred to the executive judge of the court of first instance of the place , in such a case a copy of the probation order, the investigation report and other pertinent records shall be furnished said executive judge.  SECTION 14: PERIOD PROBATION-  A THE PERIOD of probation of a dependant sentenced to a term of imprisonment of not more than one year shall not exceed two years ,and in all other cases said period shall not exceed six years.  B. when the sentenced imposes a fine only offender is made to serve subsidiary imprisonment in case of insolvency , the period of probation shall not be less than nor be more than twice the total number of days of subsidiary imprisonment
  • 69.  SECTION 15: ARRES OF PROBATION SUBSEQUENTDISPOSITION- at any time during probation, the court may issue a warrant for the arrest of a probation for any serious violation of the conditions of probation the probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. In such case the provision regarding release in bail of person charged with a crime shall be applicable to probationers arrested under this provision.  In the hearing, which shall be summary in nature, the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor. The court shall not be bound by technical rules of evidence but may inform itself of all the facts, which are material and relevant to ascertain the veracity of the charge. A prosecuting officer in any contested hearing shall represent the state. If the violation is established the court may revoke or continue his probation and modify the conditions thereof. If revoke, the court shall probationer to serves the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.
  • 70.  SECTION 16. Termination of Probation – after the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled terms and conditions of his probation and thereupon, the case is deemed terminated.  The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted.  The probationer and the probation officer shall each be furnished with a copy of such order.
  • 71.  SECTION 17. Confidentiality of records – The investigation reports and supervision history of a probationer obtained under this Decree shall be privileged and shall not be disclosed directly and indirectly to anyone other than the probation administration or the court concerned, except that the court, in its discretion, may permit the probationer or his attorney to inspect the aforementioned documents or parts thereof whenever the best interest of the probationer makes 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  SECTION 18. The Probation Administration – there is hereby created under the Department of Justice an agency to be known as the Probation Administration herein referred to as the Administration, which shall exercise general supervision over all probationers.  The Administration shall have such staff, operating units and personnel as may be necessary for the proper execution of its functions.
  • 72.  SECTION 19. Probation Administrator – the Administration shall be headed by the probation Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He shall hold office having good behavior and shall not be removed except for cause. His powers and duties shall be to: (a) Acts as the executive officer of the administration; (b) Exercise supervision and control over all probation officers; (c) Makes annual reports to the secretary of Justice in such form as the latter may prescribe, concerning the probation, administration and improvement of the probation system.
  • 73. VII. Terms And Conditions Of Probation Section 35. Mandatory Conditions. – A Probation order shall require the probationer. (a) To represent himself to the Probation Office for supervision within 72hrs from receipt of said order; and (b) To report to the assign SPPO, SrPPO, PPO II, PPO I, on case at least once a month during the period of probation at such time and place as may be specified by the Probation Office. Section 36. Other Conditions. – The Probation order may also require the probationer, in a appropriate case, to; (c) Cooperate with his program of Probation treatment and supervision, (d) Meet his family responsibility;
  • 74. (c) Devote himself to a specific employment and not to change said employment without prior written approval of the CPPO; (d) Under go medical, or psychological, or clinic, or drug or psychiatric examination and treatment and remain in a specified institution, when required for the purpose; (e) Comply with a program of payment of civil liability of the offended party of his heirs, when required by the Trail Court as embodied in its decision or resolution; (f) Pursue a prescribed secular study or vocational training; (g) Attend or reside in a facility established for instruction, schedule or residence of persons on Probation; (h) Refrain from visiting houses of ill-repute; (i) Abstain from drinking intoxicating beverage to excess; (j) Permit the Supervising Probation Officer on case or authorized social workers to visit his home and place of work; (k) Reside at premises approved by the Trial Court and not to change his residence without prior written approval of said court; and/or
  • 75. (l) Satisfy any other condition related to his rehabilitation into a useful citizen, which is not unduly restrictive of his liberty or incompatible with his freedom or conscience; Section 37. Indemnification. – Payment for civil liability shall be done using the following mode: (m) Payment can be given to the Clerk of Court of the Trial Court, who will in return hands over the sum to the victim who shall issue a corresponding receipt; a copy of which should be given by the probationers to the Probation Office in order to monitor such payment; (n) Payment may be deposit by the probationer to the victim’s account where the bankbook is kept at the Probation Office to be given to the victim for his proper disposition; (o) Payment can be effected directly to the victim and the receipt must be field in the supervision record of the probationer kept at the Probation Office.
  • 76. VIII. Supervision Of Probationers Section 38. Purpose. – The primary purposes of probation supervision are: (a) To ensure the probationer’s compliance with the probation conditions specified in the Probation Order and the prescribed probation treatment and supervision program/plan; (b) To manage the process of the probationer’s rehabilitation and re- integration into the community; and (c) To provide guidance for the probationer’s transformation and development into a useful citizen for his eventual reintegration to the mainstream of society. Section 39. Commencement Of Supervision Service. – For purposes of these Rules, supervision service shall commence on the day of initial interview or reporting of a probationer. Such facts shall be duly noted in the case notes of the client.
  • 77. Section 40. Initial Report. – (a) Upon the probationer’s appearance for his initial supervision, the Supervising Probation Officer on case or CPPO himself shall; i. Give instruction to the client using PPA Form 4 in order to reinforce probationer's awareness of the probation condirions specified in the Probation Order in a language or dialect understood by him; ii. Formulate with the client , the supervision treatment plan; and iii. Carry out other related activities. (b) Upon receipt of a copy of PPA Form No. 4, and a copy of the Probation Order on a particular probationer and Probation Office through thr CPPO shall immediately assign the probation supervision case to his subordinate Probation Office. - In event that the probationer does not report for initial supervision within the prescribed period after the Probation Order has been released by the Trial Court, or his whereabouts unknown, the Probation Officer shall exert his best efforts to find said probationer and conduct such field injury as is necessary within a responsible period of time, before considering the fact that the subject has absconded amounting to a violation of a probation condition.
  • 78. Section 41. Outside Travel. - a) A Probation Officer may authorize a probationer to travel oitside his area of operational/territorial jurisdiction for a period of more than (10) days but not exceeding thirty (30) days. b)A Probationers who seeks to travel up to (30) days outside the operational/territorial jurisdiction of the Probation Office shall file at least five (5) days before the intended travel schedule a Request for Outside Travel by the Supervising Probation Officer on case and approved by the CPPO. c)If the requested outside travel is for more than (30) days, said request shall be recommended by the CPPO and submitted to the Trial Court for approval. d)Outside travel for a cumulative duration of more than (30) days within a period of six (6) days months shall be considered as a courtesy supervision.
  • 79. Section 42. Change of Residence: Transfer of Supervision a) A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or Provincial Parole and robation Office, citing the reason(s) therefore this request shall be submmited by the Supervising Probation Office for the approval of the Trial Court. b) In the event of such approval,the supervision and control over the probationer shall be transferred to the concerned executive judge of the RTC,having jurisdiction and control over said probitioner,and under the supervision of the city or provincial office in the place to which he transferred. c) The receving city or provincail parole and probition office and the receving court shall be duly furnished each with copies of the pertinent order. PSIR (PPA From 3) and other pertiment probation and supervision records by the sending probition office for purposes and in aid of continuing effective probition super vision treatment over said probationer.
  • 80. Section 43. Absconding Probatiner. a)A probationer who has not reported for initial supervision within the prescribe period and /or whose whereabouts could not be found, located or determind despite best diligent efforts within reasonable period of time shall be declared by the proper office as an absconding probitioner. b)thereafter said office shall file with the proper court a violation Report (PPA From 8),containing its findings and recommendation, duly prepared and signed by the supervising parle and probiton officer and duly noted by the chief parole and probation officer. Section 44. Modification or Revison of Probation Conditions. c)during the probation supervison period,the trial court may motu propio or upon motion by the city or Provincial Parole and Probation Office and duly noted by the probatoner or his lawyer.
  • 81. Section 45. Effectivity and Finality of Modified or Received Probation Order - a) The Trial Court may modify or revise the probation order, which shall become effective and final upon its promulgation and receipt thereof by the probationer, unless specified otherwise by said order. IX. VIOLATION OF PROBATION CONDITION Section 46. Cocept. - A Probationer's specific act and/or omission(s) constitutive of a violation of probation condition(s) set forth in the original, modified or revised probation order shall be reported to the Trial Court taking into account the totality of the fact and sorrounding circumstances and all possible areas of consideration. Section 47. Fact-Finding Investigation. - Based on reasonable cause reported by a reliableinformant or on his own findings, the SPPO, SrPPO, PPO II, PPO I, concerned or the CPPO himself shall conduct or require the Supervising Probation Officer on case to immediately conduct a fact-finding investigation on any alleged or reported violation of probation condition(s) to determine the veracity and truthfulness of the allegation.
  • 82. Section 48. Report: Violation Of Condition. a) After the completion of fact-finding investigation, the Supevising Probation Officer on case shall prepare a violation report thereon containing his findings and recommendation and submit the same to the CPPO for review and approval. 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 within the prescribed period ordered by the Trial Court or whose whereabouts could not be ascertained not with standing best efforts exerted within a reasonable period of time by the City and Provincial Parole and Probation Office shall be immediately reported to the Trial Court for appropriate action. c) Thereafter, said Parole and Probation Office shall file with the Trial Court a Violation Report (PPA Form 8) containing its findings and recommendations duly prepared and signed by the SPPO, SrPPO, PPO II. PPO I concerned and duly noted by the CPPO for the court's resolution.
  • 83. Section 49. Violation Report. Its Contents, Signatories and Submission to Trial Court. - a) The Violation Report shall include, among others, the following: i. Accurate and complete statement of the facts and sorrounding circumtances, including but not limited to the: a. nature, character and designation of the violation; b. specific acts and/or omissions constitutive of the violation; c. place, date and time of comission or omission; d. statements od affidavits of apprehending officers and offended parties; and e. other related data and, information. ii. probationer's response, explanation and clarification duly sworn to before a notary public and other supporting testimonial, documentary and objective evidence; iii. findings, assessment and recommendation of the Probation Office. b) The Violation Report shall be prepared and signed by the SPPO, SrPPO, PPO II, or PO I. Concerned and approved and signed by the CPPO.
  • 84. Section 50. Arrest of Erring Probationer. - After having duly considered the nature and gravity of such reported violation based on the submitted Violation Report, the Trial Court may issue a warrant for the arrest of the probationer for serious violation of his probation condition. Section 51. Hearing of the Violation of Probation. - Once arrested and detained,the probationer shall immediately be brought before the Trial Court for a hearing of a violation charged. In hearing, which shall be summary of the nature, the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor. The court shall not be banned by the technical rules of evidence, but may inform itself by all the facts, which are material and relevant to ascertain the veracity of a charge. The probationer may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of person charged with the crime or offense shall be applicable to probationers arrested under this provision.
  • 85. X.EARLY TERMINATION Section 55. COVERAGE – The Following probationers may be recommended for the early termination of their probation:
  • 86. 1. Those who are suffering from serious physical and/or mental disability such as deaf-mute, the lepers, the crippled, the bed-ridden, and the like; 2. Those who do not need further supervision as evidenced by the following:
  • 87. a) Consistent and religious compliance with all the condition imposed in the other granting probation; b) Positive Response to the programs of the supervision designed to their rehabilitation; c) Significant improvements in their social and economic life; d) Absence of any derogatory record while under probation; e) Marked improvements in their outlook in life by becoming socially aware and responsible members of the family and community; and f) Significant growth in self-esteem, self –discipline and self – fulfillment
  • 88. 3. Those who have ; A. To travel abroad due to any of the Following: 1. An approved overseas job contract or any other similar documents; or 2. An approved application for scholarship observation tour or study grant for a period not less than six months; or 3. An approved application for immigration 4. An approved application to take Bar and Board examinations
  • 89. b. To render public service 1. Having been elected to any public office; or 2. Having been appointed to any public office
  • 90. 4. Other probationers who have fully cooperated with/participated in the programs of supervision designed for their rehabilitaion and who are situated under condition/circumstance similar in nature to those above described at the descretion of proper authorities
  • 91. SECTION 56.PROCEDURE- in the first year of implementation,the following steps shall be observed to effect the following termination of probation
  • 92. 1.The Supervising Probation Officer on case who excercises direct supervision over the probationer shall prepare the motion for the modification of probation, i.e early termination addressed to the Court which has control the supervision over the probationer concerned in accordance with Section 12 of the Probation Law of 1976,as amended.
  • 93. 2.The motion shall thereafter be forward for review and clearance to the Regional Director who shall act on said motion within a period of three (3) days after receipt of the same 3.Should the said motion be approve by the Regional Director, the supervising probation officer on case shall file the same with the trial court within two days after receipt thereof 4. Should the said motion be disapproved, the same shall be filed in the supervision case file/record of the probationer for the future reference
  • 94. 5. Should the motion be approved by the Trial Court , the procedure for termination, due to successful completion of probation specified in the rules shall apply
  • 95. XI. PROBATION AIDES Section 57. Qualifications: functions.-
  • 96. a) The Probation Aides must be citizens of good repute and probity at least 18 years of age on the date of appointment, at least high school graduates and preferably residence of the same locality or community covering the place of residence of the probationer and/or the CPPOs, SPPOs, and SrPPOs, PPOs II and PPOs I.
  • 97. b) Probation Aides may be requested to assist the CPPOs, SPPOs, SrPPOs, PPOs II, and PPOs I in the supervision of probationers assigned up to a maximum case load subject to administrative and technical supervision by the abovementioned Probation Officers, prepare records of their activities to accomplish related reports and prompt submission thereof: and undertake other related activities.
  • 99. a) Probation Aides shall be appointed by the Probation Administrator or through authority delegated to the Regional Directors within their respective areas of responsibility upon the recommendation of the CPPOs. b) Probation Aides so appointed may hold office during 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 the service of Probation Aides for unsatisfactory performance at least two (2) consecutive semesters as determined by the proper office and/or for other lawful and valid cause(s).
  • 101. a) In assigning probation supervision caseloads to the Probation Aides shall duly consider their respective qualifications, length of service, work accomplishments, and other related criteria. b) The maximum supervision caseloads in Probation Aide at any given time , shall be ten (10) probationers on minimum case classification or three (3) probationers on maximum case classification in addition to their duties.
  • 102. XII. TERMINATION OF THE PROBATION SUPERVISION CASE SECTION 60. GROUNDS. The probationer supervision period may be terminated by the on any of the following grounds:
  • 103. a) Successful completion of probation; b) Probation revocation for a cause under Section 49 (a-c) of these Rules, c) Death of probationer; d) Early termination of probation; or e) Other analogous causes or reasons on a case-to- case basis as recommended by the Probation Office and approved by the Trial Court.
  • 104. SECTION61. TERMINATION REPORT. -The City or Provincial Parole and Probation Office shall submit to the Trial Court a Probation Officer’s Final Report (PPA Form 9) thirty (30) days before the expiration of the period of probation embodying, among the others, the following:
  • 105. a) Brief personal circumstances of the probationer; b) Brief criminal circumtances about his case; c) Prescribed probation treatment and supervision program; d) Probationer’s response to the treatment plan/program; e) Recommendation to discharge the probationer from probation and the restoration of all his civil rights; and f) Such other relevant and material facts of information which may required by the Trial Court.
  • 106. SECTION62. FINAL DISCHARGE -After expiration of the original or extended probation period and based on due consideration of the Pos Final Report , the Trial Court may order final discharge of the probationer upon finding that he has fulfilled the probation terms and conditions; and, thereupon, the probationer supervision case is declared terminated.
  • 107. SECTION63. LEGAL EFFECTS OF FINAL DISCHARGE: TERMINATION ORDER.
  • 108. a) The final discharge of a probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to duly discharge his liability for any fine imposed as to the crime or offense for which probation was granted without prejudice to his civil liability. b) The probationer and the probation office shall be promptly furnished with copies of such final discharge or Termination Order.
  • 109. XIII. CLOSING OF THE PROBATION CASE
  • 110. SECTION64. POINT IN TIME - After actual receipt of the Termination Order finally discharging the probationer, the Probation Office shall formally close to the probation case and keep client’s case file.
  • 111. SECTION65. MODE - Immediately after such closure of the probation case, the corresponding probation records shall be archived, but not after the proper reporting is done.
  • 112. XIV. PROBATION REPORTS Section 66. Monthly.- The Probation Offices through the CPPO shall submit within the first ten (10) days of ensuing month of the administrator, copy furnished the RDs concerned, their Monthly Caseload Summary Reports (PPA Form no.5) and its attachments.
  • 113. SECTION 67.SEMESTRAL The Probation Officers shall also submit within the first fifteen days of the ensuring semester to the Administrator, copy furnished the RD’s and PPA Planning Staff with their respective Semestral Accomplishment Progress Reports containing among others, list and brief description of their work accomplishments for the quarter . Their encountered problems and suggested solutions and other related matters
  • 114. SECTION 68. ANNUAL The Regional Offices through the RDs shall submit within thirty days of the ensuing years to the Administrator, copy furnished the PPA Planning Staff, their respective Annual Reports containing among others, operational highlights , special programs and projects undertaken and/or other significant accomplishments for the year.
  • 115. XV. MISCELLANEOUS PROVISIONS SECTION 69. FORMS – All the probation forms specified herein shall be understood to have been contemporaneously prescribed by the Administration and approved by the Secretary of Justice, from the time as the need arises.
  • 116. SECTION 70. CONFIDENTIALITY OF PROBATION RECORDS The PSIR and the supervison case notes of a probationer obtained under PD No. 968, as amended , and these Rules, otherwise known as the probation investigation and supervision records, shall be privileged and shall not be described directly or indirectly to anyone other than the Parole and Probation Administration, the Trial Court or other court(s) concerned ,except that the court of origin may
  • 117. SECTION 71. MISCELLANEOUS POWERS OD CHIEF PROBATION AND PAROLE OFFICERS The CPPOs shall have the authority within their respective territorial jurisdiction to administer oaths and acknowledgements and to take depositions in connection with their duties nad functions under PD No. 968 , as amended, and these Rules
  • 118. SECTION 72. AUTHORITY TO ISSUE RULES OR RULINGS AND ADMINISTER PROGRAMS AND PROJECTS
  • 119. A. The Administrator may issue rules or rulings to clarify, interpret or construe the provisions of these Rules and the Probation Law without the need of public notice hearing and publication B. The Administration shall: 1. Develop, formulate , implement and administer appropriate organizational programs; 2. Provide educational technical, financial and calamity assistance to clients and personnel. 3. Offer live hood and enterprise development; 4. Generate job placements and employment opportunities; 5. Undertake surveys and research related to program implementation 6. Assist on giving amelioration , provident and welfare benefits; and other social economic development and transformation programs, projects and activities for probationers, their immediate families and other dependents; and 7. Support associations and communities of its clients and whenever applicable of its personnel
  • 120. SECTION 73. APPROPRIATIONS So much budgetary amount as may be necessary shall be included in the annual appropriations of the National Government for the PPA in order for it to move efficiently and effectively and successfully implement the provisions of PD No.968, as amended , the pertinent provisions of Executive Order No. 292 and these Rules
  • 121. SECTION 75 SEPARABILITY CLAUSE If any part, section or provison of these Rules is held invalid or unconstitutional, the other parts, sections or provisions not affeccted thereby shall continue in operation.
  • 122. SECTION 76. FILING It is hereby reported that three certified copies of these Rules shall be filed with the UP Law Center pursuant to Section 3,Chapter 2,Book VII, Executive Order No. 292, otherwise known as the Administrative Code of 1987.
  • 123. SECTION 77. EFFECTIVITY These Rules shall take effect after fifteen days following the completion of the publication thereof in at least three newspapers of general circulation in the Philippines
  • 124. Section 52. Disposition: Effect of Revocation: Remedy. a) After a serious violation of a probation condition has been established in the hearing, the Trial Court may order the continuance of the probationer's probation or modification of this probation contions or revoke his probation whichever is proper and just under in judicial discretion. b) If the probation period has been revoked, the Trial Court shall order the probationer to serve the sentence originally imposed in the judgement of his case for which he applied for probation. c) A court order modifying the probation conditions as in Sec. 44 of these rles or revoking probationer's probation shall not be apealable. However, it may be correctable by certiorari under the Rules of the Court. Section 53. Right to Counsel. - In the hearing or proceeding for violation of probation conditions, the probationer shall have th right to counsel of his own choice. Section 54. Representation for the State. - for the Prosecution of serious violation of probation condition(s) during said hearing or proceeding, the State shall be represented by the proper prosecuting officer.
  • 125. GUIDE TO EARLY RELEASE OF PRISONERS RELEASE ON RECOGNIZANCE The offender under custody can be released to responsible person in the community as provided under Republic Act 6036.
  • 126. Who may apply?  Person charged with the violation of a municipal ordinance.  Person charged with a light felony.  Person charged with a criminal offense, the prescribed penalty of which is not higher than 6 months (arresto mayor) or a fine of P 2,000.00 or both)
  • 127. When to apply?  When the offender is committed to any BJMP jail.
  • 128. Where to apply?  The Presiding Judge of the court.
  • 129. RELEASE ON BAIL  Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions provided by the law on bail.
  • 130. Who may apply?  Before or after the conviction by the Metropolitan Trail Court, Municipal Trial Court, MTC in cities and Municipal Circuit Trial Court (MCTC)  Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment.
  • 131. Where to apply?  The Court where case is pending. In the absence or unavailability of the judge, another branch of the same court within the province or city.  If the accused is arrested in the province, city of municipality other than where the case is pending, any Regional Trial Court of the said place.  If not yet charged in court, any Court in the province, city or municipality where the person in custody is held.
  • 132. CHILD AND YOUTH WELFARE CODE (PD603) FAMILY COURTS ACT (RA8369)
  • 133. Who may apply?  A child nine is (9) years of age or under at the time of the commission of the offense.  A child over nine (9) years and under eighteen (18) years of age at the time of the commission of the offense, unless he acted with discernment.
  • 134. When to apply?  When the person is youthful offender at the time of the commission of the offense.
  • 135. Where to apply?  The Court that suspended the sentence upon recommendation by the Department of Social Welfare and Development (DSWD) or other agencies authorized by the Court.
  • 137. Who may apply? A convicted offender: o Sentenced to served a maximum term of imprisonment of not more than six (6) years. o Not convicted of supervision, or any crime against national security or public order. o Not previously convicted by final judgment of an offense punished by imprisonment of not less than one (1) day and/or fine not less than P 200.00; o Who is yet serve his sentence at the time the substantive provisions of PD 968 became applicable.
  • 138. When to apply? After conviction and sentence, a convicted offender or his counsel may file petition for Probation.
  • 139. Where to apply?  The Presiding Judge of the Court.