Saint Mary’s University_Criminology Review Center 1

Subject: Non-Institutional Corrections

REVIEW NOTES IN reprieves to prisoners under sentence of death

NON-INSTITUTIONAL CORRECTIONS on condition that they accept DEPORTATION.

CORRECTION – The branch of the administration of 3. Recognizance – This is an OLDER method of

Criminal Justice charged with the responsibility for suspending or deferring judgment, FOR GOOD
the custody, supervision and rehabilitation of BEHAVIOR. This was based in an ancient
th
convicted offenders. The dual purposes of Correction practice developed in England in the 14 century.
are: (1) to punish and (2) to rehabilitate the offender. It originated as a MEASURE OF PREVENTIVE
JUSTICE, INVOLVING AN OBLIGATION OR
TWO (2) FORMS OF CORRECTION PROMISE, SWORN TO UNDER COURT
ORDER by a person NOT YET CONVICTED but
1. Institutionalized Correction – The rehabilitation though likely from the INFORMATION before the
of offenders in jail or in prison. court to have commit a crime, that he would
2. Non-institutionalized Correction (Community- KEEP THE PEACE AND BE OF GOOD
Based Correction) – Refers to correctional BEHAVIOR. It is the direct ancestor of
activities that may take place within the probation.
community. They are in the forms of Probation,
Parole, Conditional Pardon, Community works. The earliest recorded use of
Concept: Community-based corrections include recognizance in the United States occurred in
all correctional activities that take place in the 1830 in a Massachusetts courtroom in the case
community. It embraces any correctional activity of the COMMONWEALT VS. CHASE. Presiding
in the community that directly addressed to the Judge OXENBRIDGE THATCHER of the
offender and aimed at helping him to become a Municipal Court of Boston set forth the nature of
law-abiding citizen. recognizance:

FORERUNNERS OF PROBATION: 4. Banishment/Transportation – This is a form of

punishment which is done by indenturing the
Probation was first legally established in the convicts to penal colonies where they serve as
United States, but to trace its origins, it is important to slave until they completed their service of
know the earlier schemes for humanizing criminal sentence. Transportation of offenders to penal
justice under the common law of England. These colonies was practiced principally by
procedures were found in the laws and customs of EUROPEAN COUNTRIES that had acquired
England and were adopted by the colonists who distant colonies because of the need to import
settled in the eastern shores of United States. labor into these colonies.
Probation as a practice is believed to have been the
product of the following olden practices.
FOUNDERS OF PROBATION:
1. Benefits of the Clergy - Dating back to the reign
of HENRY III the 13th century. it originated in a 1. JOHN AUGUSTUS (Boston, Massachusetts). A
compromise with the church which had Boston shoemaker traditionally known as initiator
maintained that a member of the clergy brought of probation process. He coined the term
to trial in a king's court might be claimed by the probation and is viewed as its founder. He was
bishop or chaplain representing him on the later called the “Father of Probation”. The first
ground that the prisoner was subject to the American probation officer who developed
authority of the ecclesiastical court only. several features that later became he
characteristics of the probation system.
2. Judicial Reprieve – Judicial reprieve is a device
of modifying the severity of the law, by temporary 2. MATTHEW DAVENPORT HILL (Birmingham,
suspension of the sentence. This practice was England) – An English Lawyer who had
much used by the early English judges and grew introduced the practice of suspending sentence
up at a time when new trials or appeals to and releasing the offender under supervision in
another court were impossible under the common England. He was later called the “Father of
law, but it continued in use thereafter. Early in the Probation in England”.
th
17 century with the establishment of settlement
in America, English Courts began to grant

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Saint Mary’s University_Criminology Review Center 2
Subject: Non-Institutional Corrections

3. TEODULO C. NATIVIDAD – Co-sponsored HUBER LAW (1913) A United states LAW in

house bill no. 393 entitled “An Act Establishing WINSCONSIN permitting prisoners not so dangerous
Probation in the Philippines: Providing probation to society to be gainfully employed during the day
Officers therefore and for Other Purposes.” He is while residing in jail. FLASH SHEET – Probation
known as the “Father of Probation in the Officer shall notify all police agencies by sending a
Philippine”. - note that Probationer is under his supervision.

HISTORICAL BACKGROUND OF PROBATION SURSIS (1888-1891) A unique probation method

LAW IN THE UNITED STATES was introduced in France and Belgium which
provided a probation with no supervision on the
condition that no further offense will be committed
While the theory of probation can be traced within a prescribed period.
to the long standing custom of the ANGLOI-
AMERICAN COURTS to suspend judgment in certain
cases, In PRACTICE it originated it in 184. When HISTORICAL BACKGROUND OF PROBATION IN
JOHN AUGUSTUS, A BOSTON shoemaker, was THE PHILIPPINES
interceding with courts to suspend the sentence of
youthful offenders and alcoholics and AGREED TO Presidential Decree968 which established a
SUPERVISE THE BEHAVIOR OF THESE probation system as a less costly alternative to the
OFFENDSER IN LIEU OF PRISON TERM placing imprisonment of offenders who are likely to respond
them in his charge. By the time he died to individualized, community-based treatment
in 1859, he had made himself responsible for nearly programs is the second legislation that enforces a
2000 persons. probation system in the country. The first legislation
was ACT NO. 4221 enacted by the Probation Officer
At about 1870, FATHER COOK, also of under the Department of Justice, Led by a Chief
Boston, became interested in youth who were tried Probation Officer appointed by the American
before in courts in and whose cases were due to Governor General with the advice and consent of the
circumstances rather than character. After U.S. SENATE. However, because of some defects in
investigating each case and finding the offender not the law Act No. 4221 was declared unconstitutional
too hardened and still susceptible to reform, he made on November 16, 1937 in the case of People vs. Vera
himself available to the court as adviser to these (37 O.G. 164) ,for undue delegation of legislative
offenders. Judges realize the importance of his work power.
in reform of the young criminals so that they placed
convicted young offenders under his charge in 1878. In PEOPLE VS. VERA 37 O.G. 164). The
constitutionality of the probation law (act no. 4221)
the first probation law was passed by the was challenged on three (3) grounds:
legislature of Massachusetts and signed into law by 1. That said act encroaches upon the pardoning
GOVERNOR ALEXANDER B. RICE on April 26, power of the chief executive/president:
1878. the first statute provided for a paid probation 2. That it constitutes an undue delegation of
officer for adult offenders. and it provided for the legislative power; and
appointment and prescribed the duties of a salaried 3. That it denies the equal protection of laws.
or paid probation officers for the courts.
The supreme court in declaring act no. 4221
EDWARD H. SAVAGE, an Ex-chief of police unconstitutional on November 16, 1937, held that the
of Boston, was named probation officer, thus act was a surrender of legislative power to the
becoming the first probation officer employed by the provincial boards for its application was left to their
government or first paid probation officer. In 1891, determination in providing for the salary appropriation
Massachusetts was followed by other states. March and also on the ground that not all provinces could
4, 1925, all but six of the states in the United States, afford financially to implement probation consonant
the district of Colombia and federal government had with the equal protection of law. It was considered
probation. The federal probation act of 1925 became class legislation. Under this law probation existed
law on March 04, 1925. it was signed into law by only in cities and municipalities which were given
PRESIDENT CALVIN COOLIDGE. appropriations for said purpose by legislature. The
first probation act stayed in the statute books for only
two (2) years. the ill-fated act was not repugnant to

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Subject: Non-Institutional Corrections

the 1935 constitution per se it was only the On November 1989 a new administration
procedural framework that was antagonistic with the code transferred the function of supervising parole
constitution charter. and pardoned officers from trial courts to the
probation administration. The code also changed the
In 1966, HOUSE BILL NO. 393 Sponsored name of the agency to Parole and Probation
by then Congressman TEODULO C. NATIVIDAD and Administration (PPA) in order to reflect the changed
RAMON BAGATSING tried to revive the Probation made by said law. in 1991, the PPA was assigned
System but did not pass Congress. the new tasked of conducting pre-parole and
executive clemency investigations in all city and
PRESIDENTIAL DECREE NO. 603, provincial jails and preparing pre-parole reports for
otherwise known as the CHILD AND YOUTH the board of pardons and parole.
WELFARE CODE was passed to avail, PROBATION
TO MINOR OFFENDERS. It amended Article 80 of AT PRESENT, Some Bills filed in Congress
the Revise Penal Code by raising the age of minority to extend the coverage of the Probation Law to
to under 21 years of age at the time of the include offenders sentenced to twelve (12) years
commission of the offense. imprisonment instead of the present ceiling of six (6)
years. There are also move to amend or repeal P.D.
The turning point of the Probation law came No. 1990 which provides that an application for
in the late 1974 when the National Defense Secretary probation shall no longer be entertained or granted if
JUAN PONCE ENRILE as concurrent chairman of the convicted offender has appealed against
NAPOLCOM created the Inter-Disciplinary conviction.
Committee on crime Prevention chaired by then
commissioner TEODULO C. NATIVIDAD.
PROBATION LAW PROPER
The NAPOLCOM, acting on a report
th
submitted by the Philippine Delegation to the 5 UN Presidential Decree 968 – The Probation Law of
CONGRESS on the Prevention of Crime and the 1976. Also known as the “Adult Probation Law”.
Treatment of Offenders, created an interdisciplinary
committee tasked with formulating a National Reason for its enactment:
Strategy to Reduce Crime and drafting a Probation 1. The establishment of a more enlightened and
Law. On July 22-24 1976, the First National humane correctional system that will promote
Conference on strategy to reduce crime was held at the reformation of offenders;
Camp Aguinaldo, Quezon City. This was attended by 2. Reduce the incidence of RECIDIVISM
nearly 800 delegates, guest, observers from various 3. To remedy the onerous drain on the financial
components of the Criminal Justice System. resources of the country.
4. The need to provide a less costly alternative
After many hearing and extensive to the imprisonment of offenders who are
consultations the draft decree was presented to a likely to respond to individualized community
selected group of 369 jurist, penologist, civic leaders based treatment programs.
and Social and Behavioral Scientist and practitioners.
These selected group overwhelmingly endorsed the PROBATION – Probation as a term and as a
establishment of an ADULT PROBATION SYSTEM procedure is derived from the Latin word “PROBARE”
in the country. meaning to PRAVE. Therefore, as the term Latin
Etymology states, probation involves the testing of an
Based on said endorsement, on July 24 offender and proving that he's worth of his freedom. It
1976, PRESIDENTIAL DECREE NO. 968, Otherwise is a procedure whereby the sentence of an offender
known as the ADULT PROBATION LAW OF 1976, is suspended, while he is permitted to remain in the
was signed into law by then PRESIDENT community, subject to the control of the court and
FERDINAND E. MARCOS. P.D. NO. 968 establish under the supervision and guidance of probation
the PROBATION ADMINISTRATION UNDER THE officers. A disposition under which a defendant, after
DEPARTMENT OF JUSTICE (DOJ). P.D. NO. 968 conviction and sentence, is released subject to
seeks to afford adult offenders what others like drug conditions imposed by the court and to the
addicts and youth are already enjoying under existing supervision of probation officers.
laws and what offenders in other countries have long
been entitled to.

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Subject: Non-Institutional Corrections

PROBATIONER – It means a person placed on was held: “that probation is a mere privilege
probation. and its grant rest solely upon discretion of the
court and is privilege for the benefit of society
PROBATION OFFICER – It means one who and only incidentally for the benefit of the
investigates for the court a referral for probation or accused.”
supervises a probationer or both; and performs other
related duties as directed. In BACLAYON VS. MUTIA – The SC held
that “An order placing defendant on “
PETITIONER – A convicted defendant who files a probation” is NOT a “ sentence” but is rather
formal application for probation. in effect a suspension of the impossible of
sentence. It is not a final judgment but is
BASIC ELEMENT OF PROBATION rather an “interlocutory judgment” in the
1. A suspension of the sentence nature of a conditional order placing the
2. A period at trial for the offender in the convicted defendant under the supervision of
community the court for his reformation, to be followed
3. The offender’s observance of the law and the by a final judgment of discharge, if the
adherence to the condition imposed by the conditions of the probation are complied with,
court or by a final judgment of sentence if the
4. The supervision of the offender by a conditions are violated.
probation officer
WHO ARE QUALIFIED FOR PROBATION?
ESSENTIAL ELEMENTS OF PROBATION Any sentenced offender, 18 years of age
1. A post-sentence investigation report which above not otherwise disqualified under PD 968 as
will serve as the informational basis for the amended can apply for probation before serving the
court' s decision to grant or deny probation. sentence which may either be imprisonment or a fine
2. The conditional suspension of execution of with subsidiary imprisonment, or both imprisonment
sentence by the court. and fine.
3. Conditions of probation imposed by the court
to protect public safety and to foster the ARE ALL CONVITED PERSONS WHO ARE NOT
rehabilitation and reformation of the DISQUALIFIED ENTITLED TO PROBATION
probationer. AUTOMATICALLY?
4. Supervision, guidance and assistance of the NO. The court will not grant probation if after
offender by the probation officer. investigation conducted by the probation officer, it
finds that:
1. The offender can be treated better in an
PURPOSE OF PROBATION institution or other places for correction;
2. The offender is a risk to the community;
1. To promote the correction and rehabilitation 3. Probation will depreciate the gravity of the
of an offender by providing him with offense.
individualized (personalized), community
based treatment. DISQUALIFIED OFFENDERS FOR PROBATION:
2. To provide an opportunity for his reformation 1. Those sentenced to serve a MAXIMUM
and reintegration into the community; and TERM of imprisonment of MORE THAN SIX
3. To prevent the commission of offenses. (6) YEARS;
2. Those convicted of SUBVERSION or any
GRANT OF PROBATION CRIME AGAINST THE NATIONAL
SECURITY OR PUBLIC ORDER
Probation is a PRIVILEGE and, as such, its 3. Those who were previously convicted by final
grant rest solely upon the DISCRETION of the court. judgment of an offense punished by
The grant of probation results in the release of the imprisonment of NOT LESS THAN ONE
petitioner subject to the terms and conditions MONTH AND ONE DAY and/or FINE OF
imposed by the court and to the supervision of NOT LESS THAN TWO HUNDRED PESOS
Probation Office. ( P200.00 );
4. Those who have been ONCE on probation
In TOLENTINO VS. JUDGE ALCONCEL – It under the provisions of P.D. No. 968, as

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Saint Mary’s University_Criminology Review Center 5
Subject: Non-Institutional Corrections

amended conduct an investigation of the offender

5. Those who are already serving sentence at provided he is not disqualified under the
the time the substantive provision of the decree, while it is discretionary with the court
decree became applicable pursuant to to grant or deny an application for probation,
section 33 of PD 968. ( As amended by BP the Probation Law requires that an
Blg. 76 and PD 1990, Oct. 5, 1985) investigation be first conducted by the
probation officer who shall submit his report
Q: HOW MANY TIMES CAN ONE BE GRANTED within 60 days from receipt of the court's
PROBATION? order. Only thereafter shall the court resolve
ANS: An offender can be granted probation once in the application, an outright denial by the
his life time. court is a nullity correctable by certiorari.

OBJECTIVES OF PROBATION CAN THE OFFENDER BE RELEASED WILE HIS

The Supreme Court declared that as APPLICATION FOR PROBATION IS PENDING?
probation provides a period of grace in order to aid in YES, at the discretion of the court;
the rehabilitation of penitent offender, taking 1. On the same bond he filed during the trial;
advantage of an opportunity for reformation and 2. On a new bond; or
thereby abort their development into hardened 3. To the custody of a responsible member of
criminals, the welfare of society which is its chief aim the community if unable to file a bond.
would be enhance. In this regard, the SC stressed
that the benefit of probation to the individual convicts CONFIDENTIAL NATURE OF THE PER-
is MERLY INCIDENTAL. As presently enacted into SENTENCE INVESTIGATION
PD 968 as amended, the objectives of probation are
as follows: Nature of investigation report and supervision
1. Promote the correction and rehabilitation of history of probationer - It shall be privilege and
an offender by providing him with shall not be revealed directly or indirectly except to
individualized treatment: (a) Probation administration (b) the court concerned.
2. Provide an opportunity for the reformation of Violation of confidential nature of probation records is
a penitent offender which might be less an OFFENSE. Penalty is imprisonment from 0-6-1 to
probable if he were to serve a prison 6-0-0 and a fine from P600 to P6, 000.
sentence, and
3. Prevent the commission of offense RIGHTS AND DUTIES OF THE PROBATIONER

WHEN AND WHERE TO FILE THE PETITION FOR WHEN PROBATION IS GRANTED, WHAT
PROBATION? CONDITIONS DOES THE COURT IMPOSE?
The application for probation shall be filed 1. The probationer must present himself to his
with the court that tried and sentenced the offender Probation Officer within seventy-two ( 72
at anytime before the imprisonment starts. )hours;
2. Report to his Probation Officer in-charge of
PROCEDURE his supervision at least once a month;
1. The defendant must file before the trial court 3. Not to commit any offense
an application for probation within 15 days 4. Comply with any other conditions imposed by
after he has been sentenced but before he the court.
begins to serve the sentence. If the
defendant has been convicted and has PERIOD OF PROBATION
appealed the sentence of conviction, an 1. Not more than two ( 2 ) years if the
application for probation cannot be probationer was sentence to imprisonment of
entertained (PD 1990). The prosecuting one ( 1) year or less;
officer concerned shall be notified by the 2. Not more than six ( 6 ) years if the probation
Court of the filing of such application and was sentence to imprisonment of more than
may submit his comments within 10 days one ( 1 ) year;
from noticed. 3. When the sentence imposed a FINE ONLY
and the offender is made to SERVE
2. The application should be entertained by the SUBSIDIARY IMPRISONMENT in case of
court by ordering the probation officer to insolvency, the period of probation shall NOT

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Subject: Non-Institutional Corrections

BE LESS THAN NOR TWICE the total What constitute commission of another offense or
number of days of subsidiary imprisonment. violation of penal law? Is it, the act of committing or
perpetrating a crime? Or conviction for the
commission of said offense?
SUPERVISION IN PROBATION Answer: Supreme Court ruled that
conditions violated by the pardonee or
EFFECT OF PROBATION ON ACCESSORY parolee on judicial condition are not
PENALTIES necessary. Supreme Court revoked
Accessory penalties are DEEMED probation on the basis of a subsequent final
SUSPENDED once probation is granted. judgment without remaining the case to the
probation.
THE TWO MANDATORY CONDITIONS OF
PROBATION. MODES OF TERMINATIONS
1. To present himself to he Probation Office 1. The successful completion of program of
concerned for supervision within 72 hours probation.
from receipt of said Order; 2. Revocation for cause, or death of the
2. To report to the Probation Officer at least probations.
once a month during the period of probation.
TERMINATION REPORT – 30 days before the
SUPERVISION OF PROBATIONERS termination period.
Probationers report to their probation officer
as often as indicated in the conditions of probation. LEGAL EFFECTS OF DISCHARGE
The PO sees to it that the conditions of probation as 1. Probation shall restore to him all civil right
given by the court are followed. Probationers are lost or suspended as a result of the
helped to developed themselves, to learn the skills if conviction.
they do not have any , and to be gainfully employed 2. Shall fully discharge his liability for any fine
so they can be useful members of the society, imposed as to the offense for which
houses visits and follow-up in their places of work probation was granted.
may be done if needed. The PO makes regular
reports about the probationer to the court. VOLUNTEER PROBATION AIDE – One must be
a. a citizen of good repute and integrity
VIOLATION OF PROBATION b. at least 18 tears of age
c. appointed by the Probation Administration
Q: WHAT HAPPENS TO A PROBATIONER IF d. assist the Probation Officers and Assistant
CONDITIONS OF PROBATION ARE VIOLATED? Probation Officers in the investigation and
1. The probation officer investigates the alleged supervision
violation and if it is established, a report is e. not entitled to salary but is given reasonable
submitted to the court. There can be travel allowance
modification of condition of probation by the
court, depending on the nature and
seriousness of the violation; EXECUTIVE CLEMENCY
2. There is also the possibility of arrest
including criminal prosecuting of the PAROLE - It consists in the suspension of the
probationer in the event of commission of sentence of a convict after serving the minimum of
another offense. The revocation proceeding the sentence imposed without granting a pardon,
is summary. If the court finds the probationer prescribing the terms upon which the sentence shall
guilty of serious violation of the conditions of be suspended. It is a procedure by which prisoners
probation he may be ordered to serve the are selected for release on the basis of individual
original sentence imposed on him. response and progress within the correctional
institution and a service by which they are provided
THE GROUNDS FOR REVOCATION OF with necessary controls and guidance as they serve
PROBATION the reminder of their sentences within the free
1. Failure to comply with any condition community.
2. Commission of another offense.
“PAROLE” - Parole is a French word and is used

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Subject: Non-Institutional Corrections

here in the sense of word of honor. Thus, the

implication was that the prisoner would gave his word Cases in which the indeterminate sentence law
( or word of honor ) that he would abide by the term shall not apply:
of his conditional releases.
1. Offense punished by death or life
ORIGIN OF DEVELOPMENT OF PAROLE imprisonment
2. Those convicted of treason ( Art. 114 ),
In Europe, two persons who are Conspiracy or proposal to commit treason (
th
administrators in the early 19 century contributed to Art. 115)
the development of parole and they are Menthesinos 3. Those convicted of misprision of treason (
of Spain and Abermanior, a German. But it was Art. 116 ), rebellion ( Art. 134 ) , sedition (
Captain Alexander Maconochie, penal Art. 139 ), or espionage ( Art. 117)
superintendent at Norfolk Island colony, Australia, 4. Those convicted of piracy ( Art. 122 )
who in 1840 originated the use of ticket of leave, or 5. Habitual delinquents ( Art. 62, par. 5 )
conditional release equivalent to parole. Alexander
Maconochie was then called the “Father of Parole”. Note: Recidivists are entitled to an
Indeterminate Sentence. Offender is not
PAROLE IN AMERICA disqualified to avail of the benefits of the law
even if the crime is committed while he is on
It is said that the first man to use the word parole.
“Parole” was Dr. S. G. HAWE of Boston who used
word in a letter to the prison association of New York 6. Those who escaped from confinement or
in 1846. But it was in 1869, after some American those who evaded sentence ( Art. 157 )
prison reformers who observed the Irish Prison 7. Those granted conditional pardon and who
System instituted by Sir Walter Crofter that led to the violated the terms the same. ( Art. 159 )
approval of the law creating the Elmira Reformatory 8. Those whose maximum period of
in new York, which was inaugurated in 1876, and this imprisonment does not exceed one year.
famous institution can be said to be the beginning of 9. Those who are already serving final
parole in the United States. With ZEBULON R. judgment upon the approval of the ISL.
BROCKWAY, as superintendent at Elmira, using the
indeterminate sentence in compulsory developed NOTE: A minor who escaped from
parole which soon spread to other states of the confinement in the reformatory is entitled to
United States. By 1910, the federal government and the benefits of the ISL because his
thirty two states had adopted the parole system. confinement is not considered as
Totally, parole is being used in some form or another imprisonment. So also if the accused
in almost all of the states of the United States, as well escaped from the National Mental Hospital
as other countries including Philippines. since his confinement as patient is not
imprisonment. The law does not apply if the
PAROLE IN THE PHILIPPINES penalty is destierro because that does not
Parole in the Philippines is governed by the involve imprisonment.
INDETERMINATE SENTENCE LAW, also known as
ACT NO. 4103, Dated December 05, 1933, and this
law was subsequently amended by ACT No. 4225, PAROLE ADMINISTRATION IN THE PHILIPPINES
and later in June 19, 1965 by Republic Act No. 4203.
Parole in the Philippines is administered by
the Board of Pardons and Parole, who shall
INDETERMINATE SENTENCE composed of the Secretary of Justiceas chairman
and four members to be appointed by the President
PURPOSE: To uplift and redeem valuable human with the consent of the Commission on Appointments
material and prevent unnecessary and excessive and shall hold office for four tears of the appointed
deprivation of personal liberty and economic members, one member shall be trained sociologist,
usefulness. one a clergyman or educator, one psychiatrist, and
other members shall be persons qualified for the
It covers crimes punishable under the revised work by training and experiences. At least one
code or by special law member of the board must be woman.

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EFFECT OF PAROLEE' S GOOD BEHAVIOR earned.

If during the surveillance such parole
prisoner shall show himself to be a law abiding citizen DISCHARGE ON PAROLE
and shall not violated any of the laws of the Philippine
Islands, the Board of Indeterminate sentence may A prisoner may be granted a “Discharge on
issue a final certificate of release in his favor, which Parole” whenever the Board finds that there is a
shall entitled him to final release and discharge. reasonable probability that if released, the prisoner
will be law-abiding and that his release will not the
VIOLATION OF PAROLE CONDITIONS BY interest and welfare of the society.
PAROLE ITS EFFECTS
When any prisoner release on parole by ORDER OF RELEASE OF THE PRISONER ON
virtue of this act, shall, during the period of PAROLE
surveillances , violate3 any condition of his parole, The Board of Pardons and Parole will order
the Board of Indeterminate Sentence may issue an the release from confinement of a prisoner granted
order for his re-arrest which may served in any part of parole.
the Philippine Islands by any police officer. In such
case the prisoner so re-arrested shall serve the DISQUALIFIED FOR PAROLE
remaining unexpired portion of the maximum 1. Those convicted of an offense punished with
sentence for which he was originally committed the Reclusion Perpetua ( Life Imprisonment )
prison, unless the Board of Indeterminate Sentence 2. Those convicted of treason, conspiracy of
shall grant a new parole to the said prisoner. proposal to commit treason;
3. Those convicted or misprision of treason,
PAROLE ADMINISTRATION rebellion, sedition or espionage;
Parole refers to the conditional release of a 4. Those who are habitual delinquents, is those
offender from a penal or correctional institution after who are within a period of ten years from the
he has served the minimum period of his prison date of release from prison or last conviction
sentence under the continued custody of the State of the crimes of serious or less serious
and under conditions that permit his reincarnation if physical injuries, robbery theft, estafa, and
he violates a condition for his release. falsification, are found guilty of said crimes a
third time or oftener;
ESSENTIAL ELEMENTS OF PAROLE 5. Those who escaped from confinement or
1. that the offender is convicted; evaded sentence;
2. the he serves part of his sentence in prison; 6. Those who are granted conditional pardon
3. the he is released before the full expiration of and violated any of the terms thereof;
his sentence; 7. Those whose maximum term o0f
4. that said release is conditional, defending on imprisonment does not exceed one ( 1 ) year
his good behavior; and or are with a definite sentence ;
5. that he remains on parole until the expiration 8. Those suffering from any mental disorder as
of his maximum sentence. certified by psychiatric report of the Bureau of
Corrections or the National Center for Mental
OBJECTIVES OF PAROLE Health;
1. To uplift and redeem valuable human 9. Those whose conviction is on appeal;
resources material to economic usefulness; 10. Those who have a pending criminal case for
2. To prevent unnecessary and excessive an offense committed while serving
deprivation of personal liberty. sentence.

ELIGIBLE FOR PAROLE

PRISONERS AFTER RELEASE FROM
A prisoner is eligible for the grant of parole CONFINEMENT MUST PRESENT HIMSELF
unless other wise disqualified upon showing that is Within the period prescribed in his release
confined in a jail prison to serve indeterminate prison document, the prisoner shall present himself to the
sentence, the maximum period of which exceeds one Parole and Probation Office specified in the release
( 1 ) year, pursuant to a final judgment of conviction document, under the supervision of a Parole and
and that he has serve the minimum period of said Probation Officer so that former may be guided and
sentence less the good conduct time allowance assisted towards rehabilitation.

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INFRACTION OF THE TERMS OF PAROLE

SUPERVISION WHO ARE ELIGIBLE FOR EXECUTIVE
CLEMENCY? A petitioner is eligible for the grant of
Any infraction by a client of the terms and Executive Clemency if he meets the following
conditions appearing in his release document or any minimum conditions:
serious deviation or non-observance of the
obligations set in the parole supervision program A. FOR COMMUTATION OF SENTENCE:
shall immediately reported by his Parole and 1. The petitioner must have served at least one-
Probation Officer to the Board. third (1/3) of the minimum indeterminate
sentence or the following portions of his
ARREST OF THE CLIENT OF PAROLE prison sentence constituting the Reclusion
Perpetua;
Upon receipt of an infraction report, the 2. At least ten (10) years if convicted of robbery
Board shall immediately order the arrest of the client with Homicide. Rob berry with Rape or
of the Parole and shall be made to serve the Kidnapping with Murder;
remaining unexpired portion of the maximum 3. At least eight (8) years if convicted of simple
sentence for which he was originally committed to murder. Parricide, rape or violation of anti-
prison. drug laws;
4. At least twelve (12) years if given two (2) or
TERMINATION OF PAROLE more sentence for Reclusion Perpetua;
After the expiration of the maximum period of 5. At least twenty (20) years in case of (1)
the sentence of a client provided he does not commit death sentence which was automatically
any infraction and the Board may, upon the commuted to Reclusion Perpetua;
recommendation of the Parole and Probation Officer, 6. At least twenty-five (25) years in case of two
issue a certificate of Final Release and Discharge to (2) sentences of Reclusion Perpetua.
a Parole.
B. FOR CONDITIONAL PARDON
1. The petitioner must at least served one-half
OTHER FORMS OF EXECUTIVE CLEMENCY (½) of the minimum of his indeterminate
sentence of the following portions of his
EXECUTIVE CLEMENCY – It refers to the prison sentence;
COMMUTATION OF SENTENCE, ABSOLUTE 2. At least two (2) years of the minimum
PARDON, AND CONDITIONAL PARDON, with or sentence if convicted of murder or parricide
without the parole conditions, as may be granted by but not sentenced to Reclusion Perpetua;
the President of the Philippines upon the 3. At least one (1) year of the minimum
recommendation of the Board of Pardon and Parole. sentence if convicted of homicide;
It may also refer to commutation of sentence and 4. At least nine (9) months if convicted of
reprieve. frustrated homicide;
5. At least six (6) months if convicted of
WHO ARE NOT ELIGIBLE FOT EXECUTIVE frustrated homicide;
CLEMENCY

Prisoners are not considered for commutation of C. FOR ABSOLUTE PARDON

sentence or conditional pardon if: 1. Ten (10) years must have been elapsed from
1. The petitioner is available for Parole; the date of release of the petitioner from
2. The prisoner is sentenced to another prison confinement; or
term within (1) one year from the date of his 2. Five (5) years from the date of expiration of
last re commitment of the jail or prison from his maximum sentence, whichever is more
where he escaped; beneficial to him;
3. The prisoner had violated an\y conditions of
his discharge on Parole or Conditional EXCEPTIONS: However, the board may
Pardon; consider a petition for absolute pardon even
4. The prisoner is suffering from mental illness the lapse of the aforementioned periods in
or disorder as certified by a government special cases such as:
psychiatrist;

-criminator_budz// [jonathan r. budaden]

Saint Mary’s University_Criminology Review Center 10
Subject: Non-Institutional Corrections

When the petitioner is seeking reinstatement in the partial extinction of his criminal liability
in the government service;
When the petitioner needs medical treatment WHO WILL INVESTIGATE THE CONDUCT AND
which is not available locally; ACTIVITIES OF PETITIONER FOR ABSOLUTE
When petitioner will take a Government or PARDON?
Bar Examination;
When Petitioner is emigrating; Upon receipt of the petition for the grant of
Absolute Pardon, the Board shall refer the petition for
absolute pardon to a Probation Officer and the same
PARDON will investigate the conduct, activities as well as the
social and economic conditions of the petitioner prior
PURPOSES: to his conviction and since release from prison.
1. To do away with the miscarriage of justice
2. To keep punishment abreast with the current COMMUTATION OF SENTENCE - It refers to the
philosophy concept or practice of criminal reduction of the duration of a prison sentence.
justice administration.
3. To restore full political and civil rights of PURPOSES OT COMMUTATION:
persons who have already served their 1. To break the rigidity of the law.
sentence and have waited the prescribed 2. To extend parole in cases where the parole
period. law do not apply.
3. To save the life of a person sentenced to
DIFFERENCES BETWEEN AMNESTY AND death.
PARDON:

Pardon includes any crime and is exercised

individually by the Chief Executive, while amnesty is
a blanket pardon granted to a group of prisoners,
generally political prisoners. Pardon is exercised
when the person is already convicted while amnesty
may be given before trial or investigation is made.

LIMITATIONS ON THE PARDONING POWER OF

THE STATE:
1. Pardon cannot be extended to cases of
impeachment.
2. No pardon, parole or suspension of sentence
for the violation of any election law may be
granted without favorable recommendation of
the commission on elections.
3. Pardon is exercised only after conviction.

KINDS OF PARDON:

1. 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 the
penalty imposed for the particular offense of
which he was convicted.

2. Conditional Pardon – It refers to the exemption

of an individual, within certain limit s or
conditions, from the punishment which the law
inflicts for the offense he has committed resulting

-criminator_budz// [jonathan r. budaden]