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Parole Rules, Probation Law and Executive Clemency
(Non-Institution-Based Corrections)
First Edition

Philippine Copyright, 2013

By: ChapterHouse Publishing Incorporated
All Rights Reserved.
The text of this book or any part hereof, may not be reproduced or
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Published and Distributed by:
ChapterHouse Publishing Incorporated
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Edited by:
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ISBN:978-971-95775-0-8

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TABLE OF CONTENTS

Dedication III
Acknowledgment V
forewords VII
Preface XI
Chapter I Corrections: An Overview

Introduction 1
Five Pillars of the Criminal Justice System

Meaning Of Corrections 4
Institution-Based and Non-Institution-Based Corrections

Government Entities/Agencies

That Handle Institutional Corrections

Government Agencies That Handle

Non-Institution-Based Corrections 6
Functions of Corrections 8
Chapter II Parole 11
Parole and Executive Clemency 11
Historical Background of Parole 12
History of Parole in Australia

13

Names to Remember in the History of Parole

13

Two Pertinent Systems in the History of Parole

15

History of Parole In The Philippines

16

The Parole Investigation Process 19

The Parole Supervision Process 25

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Chapter III Executive Clemency 27

Meaning Of Executive Clemency 27
Constitutional and Statutory Mandate

27

Executive Clemency Investigation Process

28

Guidelines for Recommending Executive Clemency

30

Minimum Requirements to Quality

for Executive Clemency 31
32

Disqualifications for Executive Clemency

Chapter IV Probation 35
35

Historical Background of Probation in the Philippines

The Parole and Probation Administration-Department

of Justice (PPA-DOJ) 37
History of Probation in Foreign Countries

38

Important Dates to Remember

In American History on Probation

40

The History of Probation Law in the Philippines

42

Important Dates to Remember

in the Philippine Probation System

43

Pertinent Laws to Remember

in the Philippine Probation System

44

The Probation Investigation Process

45

Requirements on How to Avail Of the Benefits

of Presidential Decree 968, As Amended

47

Violations of the Following Special Laws

Shall Disqualify an Offender to Avail

of the Benefits of Presidential Decree 968, As Amended

The Probation Supervision Process

Chapter V Rehabilitation Programs

49
52

57

57

Parole and Probation Administration

61

Other Special Programs

61

Community-Based Programs

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Appendices
A. Rules on Parole

65
65

B. Amended Guidelines for Recommending

Executive Clemency

74

C. Indeterminate Sentence Law

(Republic Act No. 4103, as amended)

85

D. Presidential Decree No. 968, as amended

Establishing a Probation System, Appropriating

Funds Therefor and for Other Purposes

88

E. The Revised Rules on Probation

Methods and Procedures

98

F. Parole and Probation Administration Omnibus

Rules on Probation Methods and Procedures

101

G. Resolution No. 24-4-10

123

H. Probation Forms

130

I. Parole and Probation Administrations

Special Programs
132

J. Parole and Probation Administrations

Rehabilitation Activities

134

K. Restorative Justice

136

L. Republic Act No. 9344

Juvenile Justice Welfare Act of 2006

138

GLOSSARY 141
REFERENCES 145

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CORRECTIONS: AN OVERVIEW

Chapter I
CORRECTIONS: AN OVERVIEW

INTRODUCTION
During the early times, punishments for crimes were too
harsh. Most infractions would often result in imprisonment as it was
considered to be one of the most effective forms of correction. However,
as societal conditions developed together with the introduction of
more liberal ideas, humane correctional measures were introduced to
minimize the burden on the state as well as on the offenders themselves.
Consequently, conditional pardon was introduced and subsequently,
this paved the way for other modes of temporary liberty for qualified
first-time offenders
In the Philippines, the prospect of confinement or incarceration
tortures the minds of first time offenders.
Thirty Six (36) years ago, Presidential Decree (P.D). 968 or
otherwise known as the Adult Probation Law of 1976 was enacted
through the efforts of the late Congressman Teodulo C. Natividad of
Bulacan and signed into law by then President Ferdinand E. Marcos.
The Adult Probation Law of 1976 is viewed as one of the
best accomplishments during the Martial Law years. It opened the
gates of hope for those who were convicted for the first time. Instead
of incarceration, many convicted individuals were placed under a
community-based rehabilitation program and were given chances to
mend their wrongdoings.

Chapter I
CORRECTIONS: AN OVERVIEW

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2

PAROLE RULES, PROBATION LAW AND EXECUTIVE CLEMENCY

As provided under Republic Act 4103 or the Indeterminate

Sentence Law, the prisoner may qualify for release on parole upon
service of his minimum sentence. For those who have been meted out
the sentence of reclusion perpetua or life imprisonment, the prisoner
may apply for Executive Clemency, specifically for a Commutation of
Sentence or Conditional Pardon with parole conditions. Under the
commuted sentence, the prisoner may qualify for release on parole.1
The grant of probation, parole and conditional pardon with
parole conditions is collectively called community-based correctional
programs that necessitates the formulation of Rehabilitation Programs
of these convicted individuals who need to live lawful and productive
lives.
Filipinos should be aware that once a person is convicted; there
are still ways on how to get out from prison and a chance to start
life anew through community-based corrections. This means that a
convicted offender who possesses the qualifications prescribed by
law and has the sincere desire to mend his/her ways, communitybased corrections measures may be implemented. He can apply for
probation (an alternative to imprisonment), be qualified for parole (to
qualify for parole, the offender must have served first the minimum
sentence) and or Executive Clemency (its various forms fall under the
acronym ACCRA- Absolute Pardon, Conditional Pardon, Commutation of
Sentence, Reprieve and Amnesty). 2
The Corrections Pillar is the states response to separate
criminal offenders from the general public for the latters protection.
Snarr notes that corrections is the systematic and organized efforts
directed by a society that attempt to punish offenders, protect the
public from offenders, change offenders behavior, and if possible,
compensate the victims.3
In the Philippines today, the Corrections Pillar may either
be Institution-based or Non-Institution-Based also known as
Community-Based. Either way, the goals of corrections rehabilitation
and the reformation of the offender intend to help him re-enter society
and become a law-abiding as well as productive member.
1.

Retrieved from: http://www.chanrobles.com/REVISED%20RULES%20
AND%20REGULATIONS%20OF%20THE%20BOARD%20OF%20PARDONS%20
AND%20PAROLE.pdf. Date Accessed: June 19, 2013.
2.

Retrieved from: http://www.lawphil.net/administ/doj/res_24-4-10_2010.
html. Date Accessed: June 19, 2013.
3.

Snarr, Richard W. Introduction to Corrections. 2nd edition, 1992.

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CORRECTIONS: AN OVERVIEW

THE FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM ARE:

1. Law Enforcement
2. Prosecution
3. Courts
4. CORRECTIONS either Institution Based or NonInstitution Based Corrections
5. Community
The Law Enforcement Pillar is responsible for
apprehending law violators. It enforces the law with due
diligence and justice for public interest.
Should a valid ground exist; a case may be raised in
the Prosecution Pillar to determine whether or not there is
probable cause that a crime was indeed committed. Should
there be none, then it shall be dismissed. However, if there is a
probable cause, the case will be elevated to the Court for trial
and proper disposition.
The Court has the jurisdiction to try the case and
determine responsibility to determine whether or not there
is proof beyond reasonable doubt that the accused indeed
committed an illegal act. Should there be sufficient evidence
to convict the accused being charged of an offense, then the
court shall make him accountable for his crime. Otherwise, the
accused shall be acquitted.
After conviction by the court, the accused enters the
Corrections Pillar. If the penalty is imprisonment of six
(6) years and below, and if the accused possesses all the
qualifications and none of the disqualification as enumerated
in PD 968, he may avail himself of probation and serve the
terms and conditions thereof in the Community.
If the penalty is below three (3) years, he should serve
his penalty at the Municipal, City, District and Provincial Jails.
One has to serve his/her sentence at the National Prisons and
Penal Farms if the prisoners sentence is an imprisonment of
more than three (3) years.

Five Pillars of the Criminal Justice System

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PAROLE RULES, PROBATION LAW AND EXECUTIVE CLEMENCY

MEANING OF CORRECTIONS:
CORRECTIONS - It is one of the Pillars of the Criminal
Justice System which undertakes
the reformation and rehabilitation of
offenders for their eventual absorption
into the social and economic streams of
the community through institutional or
Community-based program.
- It is the 4th Pillar of the Criminal Justice
System which is tasked to rehabilitate
and reform penitent offenders. It is
derived from the root word correct
which simply means to make right or
change from wrong to right.
CORRECTIONS, as its root word correct implies, focuses on
correcting a problem or series of problems in the society. It refers to a
broad category of activities ranging from incarceration of offenders, to
assisting ex-offenders in securing employment if possible.
How are we to carry out corrections and rectify faults if
an offender has already been convicted? Answer: Through the
implementation of institution-based and non-institution-based
corrections.
INSTITUTION-BASED AND NON-INSTITUTION-BASED
CORRECTIONS:
1. INSTITUTION-BASED CORRECTIONS
Institution-based Corrections refers to the means of
correcting an individual by placing him/her to an institution or
place where he/she can be treated well until he/she becomes
fully recovered and accepted by the community.

Meaning of Corrections

Institution-Based and Non-Institution-Based Corrections

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CORRECTIONS: AN OVERVIEW

If an accused has been involved in several forms of

offenses and may therefore be a risk to the community, then he
deserves to be incarcerated and corrected inside the jail rather
than to enjoy the benefits of a community-based rehabilitation
program. The jail and the prison are both institutions; therefore
when the accused is placed to serve his sentence inside the jail
or prison, Institution-Based Corrections is being implemented.4
Government Entity/Agencies that handle Institutional
Corrections:

The Bureau of Jail Management and Penology (BJMP)

under the Department of Local and Interior Local
Government;

Local Government Units - Provincial Jails which are

under the supervision of Provincial Governors; and

Bureau of Corrections (BUCOR) under the Department

of Justice.

It is noteworthy that while it is true that Provincial Jails

are institutions for inmates sentenced to prison terms of six
(6) months and one (1) day to three (3) years, they are not
under the supervision and control of BJMP but rather of
Local Government Units (LGUs) under the supervision of
Provincial Governors.
This is so because as early as 1910, the 1st Provincial
Jail System was established during the American regime. In
view of the said system, every province was mandated by the
American colonizers to establish its own provincial jail under
its supervision and control.
On the other hand, Municipal, District and City Jails
are under the supervision and control of the BJMP. These jails
handle prisoners whose imprisonment does not exceed three
(3) years.
Bear in mind that those who are convicted to three
(3) years and one (1) day or longer are under the supervision
and control of the Bureau of Corrections.

4.

Bohm, Robert M. and Haley, Keith N. Introduction to Criminal Justice 5th
Edition. McGraw Hill: United States. 2008.

Government

Entity/Agencies

That

Handle

Institutional

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6

PAROLE RULES, PROBATION LAW AND EXECUTIVE CLEMENCY

2. NON-INSTITUTION-BASED Corrections.
Non-Institution-Based Corrections community basedprograms such as probation, suspended sentence for first time
minor offenders, parole and conditional pardon.
Government Agencies that Handle Non-Institutionbased Corrections
The Parole and Probation Administration (PPA) headed
by an Administrator;

The Board of Pardons and Parole (BPP) headed by the

Chairman (Secretary of Justice ); and

The Department of Social Welfare and Development

(DSWD) with the Secretary as its head.

PPA is mandated by law to handle the investigation of all cases

for probation, parole & executive clemency, and the supervision of
probationers, parolees and conditional pardonees. However, despite
the wide scope of its responsibility, it is a reality that PPA-DOJ is the
least heard among all other components of the Criminal Justice System
due to the confidentiality of records. Section 17 of PD 968 as amended
strictly states that only the PPA-DOJ and the court are authorized to
read matters regarding the convicted person who applied for probation.
BPP is responsible for the grant of parole and recommending
Executive Clemency to the President.
DSWD renders services for Children in Conflict with the Law
(CICL). Republic Act 9344 or the Juvenile Justice Welfare Act of
2006 states that a CICL who is 15-year-old or under, during the
time of the commission of the offense, shall be exempted from
criminal liabilities. On the other hand, those who are 16 and 17
years-old should be assessed if they acted on discernment when
they committed the crime.5
Through Non-Institutional Corrections, there is no need to
place an offender in an institution. Instead of serving his sentence
inside a jail, he can be brought back to his community under the
supervision of a Probation and Parole Officer for probation, parole and
Executive Clemency cases. If the case involves a CICL, the offender is
remanded under the supervision of a Social Worker.

5.

Retrieved from : http://www.lawphil.net/statutes/repacts/ra2006/
ra_9344_2006.html. Accessed on June 20, 2013.

Government Agencies That Handle Non-Institution-Based Corrections

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CORRECTIONS: AN OVERVIEW

This type of corrections administers the treatment plans

and the supervision programs of the offender which are pertinent in
restoring their dignity and self-esteem in developing productivity and
effectiveness as members of the free society.
CORRECTIONS ENTITIES/AGENCIES OF THE GOVERNMENT:
D.1 For Institution-Based Corrections

Bureau of Corrections

Bureau of Jail Management and Penology

Local Government Units (Provincial Jails)

D.2 For Non-Institution-Based Corrections

Parole and Probation Administration

Board of Pardons and Parole (DOJ)

Department of Social Welfare and Development