1

CHAPTER I
THE HISTORICAL DEVELOPMENT
OF PROBATION
[

first official probation officer. By the mid-19th century,

however, many Federal Courts were using a judicial reprieve
CHAPTER CONTENTS
to suspend sentence, and this posed a legal question.
1. Introduction
In 1916, the United States Supreme Court, in the Killets
2. Historical Development of Probation
Decision, held that a Federal Judge (Killets) was without
3. Basic differences between P.D. No. 968 and Act
power to suspend a sentence indefinitely. This decision led
No. 4221
to the passing of the National Probation Act of 1925, thereby,
4. Forerunners of Probation
allowing courts to suspend the imposition of incarceration
5. The probation law and its amendment
and place an offender on probation. Probation developed
from the efforts of a philanthropist, John Augustus, who
SPECIFIC OBJECTIVES
looked for ways to rehabilitate the behavior of criminals.
At the end of the lesson, students should be able to:
Massachusetts developed the first state-wide probation
1. understand, summarize and discuss the
system in 1880, and by 1920, 21 other states had followed
historical development of probation particularly
suit. With the passage of the National Probation Act on
in England, United States and Philippines.
March 5, 1925, signed by President Calvin Coolidge, the U.S.
2. name the personalities and recognized their
Federal Probation Service was established. On the state
contribution to the development of probation.
level, pursuant to the Crime Control and Consent Act of 1936,
3. understand, digest and discuss the ruling of the
a group of states entered into an agreement wherein they
Supreme Court in the case of People vs. Vera.
would supervise probationers and parolees who reside in
4. differentiates P.D. 968 to Act no. 4221.
each other's jurisdictions on each other's behalf. Known as
5. identify and discus the forerunners of
the Interstate Compact for the Supervision of Parolees and
probation.
Probationers, this agreement was originally signed by 25
6. understand, summarize and explain
states in 1937.
amendments to P.D. 968.
By 1951, all the states in the United States of America had
a working probation system and ratified the Interstate
Compact Agreement. In 1959, the new states of Alaska and
I. INTRODUCTION Hawaii, the Commonwealth of Puerto Rico, and the
territories of the Virgin Islands, Guam, and American Samoa
The concept of probation, from the Latin, probatio,
ratified the act as well.
"testing," has historical roots in the practice of judicial
reprieve.
In English common law, prior to the advent of II. HISTORICAL DEVELOPMENT OF
democratic rule, the courts could temporarily suspend the
execution of a sentence to allow a criminal defendant to PROBATION
appeal to the monarch for a pardon. Probation first
developed in the United States when John Augustus, a A. HISTORICAL DEVELOPMENT OF PROBATION
Boston cobbler, persuaded a judge in the Boston police IN ENGLAND
court in 1841 to give him custody of a convicted offender, a Early in the 19th century the English magistrates initiated
"drunkard," for a brief period and then helped the man to experiments to save young and inexperienced offenders
appear rehabilitated by the time of sentencing. from stigma of prison. They made use of the latitude allowed
Even earlier, the practice of suspending a sentence was then under the common law to bind over defendants, who
used as early as 1830 in Boston, Massachusetts, and became should be brought back for sentence if the conditions of
widespread in U.S. courts, although there was no statutory release were violated.
provision for such a practice. The need for supervision and assistance to those so
At first, judges, most notably Peter Oxenbridge Thatcher released was met by assigning the young offender to the
of Boston, used "release on recognizance" or bail and simply care and guardianship of his parents or his employer with an
refrained from taking any further action. In 1878 the mayor occasional check on his progress by the police.
of Boston hired a former police officer, the ironically named
"Captain Savage," to become what many recognize as the
 2

The third state to enact a real probation law is Rhode

WHO IS MATHEW DAVENPORT HILL? Island. A complete state-administered probation system
Mathew Davenport Hill is considered the father of appeared first in Rhode Island. The Act of 1899 empowered
probation in England. He left an interesting account of his the board of state charities and corrections to appoint a
experiments in the Birmingham court. He was in the state probation officer and additional probation officers,
forefront of reforming juvenile offenders. He finds persons “one of whom at least shall be a women,” to serve all courts
who act as guardians of the juvenile offender. Then at an in the state. The Act followed Massachusetts in permitting
unexpected period, the confidential officer visits the the use of probation before the imposition of sentence and
guardian, makes inquiries and keeps notes of information even without conviction but the limitation of probation to
received. less serious offenses was an unfortunate departure from the
He conducted his experiment in the Birmingham Court. laws of Massachusetts and Vermont.
Beginning in the early years of 1481, he acted for and in
behalf of juvenile offenders, when he believes: Success of probation became known in other English
1. The individual is not fully corrupt speaking countries. Illinois and Minnesota in 1899 Plan for
2. There was reasonable hope of reformation children only. New Jersey and New York enacted probation
3. When there could be found persons to act law in 1900.
As guardian they are kind enough to take charge of the
young convict. In the belief that there is better hope for Finally, on March 4, 1925 the UNITED STATES FEDERAL
reformation under such guardians than in prison. PROBATION ACT was enacted.
At unexpected period, confidential officers visits the
guardians, make inquiries and register facts. He was thus WHO IS JOHN AUGUSTUS?
informed and records were kept.
John Augustus is the father of probation in the USA. He
B. HISTORICAL DEVELOPMENT OF PROBATION IN UNITED is a Boston shoemaker, first to develop a sustained service
STATES to promote temperance and to reclaim drunkards. Although
The first state to enact a real probation law in United later he begun to take men and woman charged with other
States is Massachusetts. The first practical demonstration of crimes, then eventually children. As indicated by the story of
probation, first use of the term as court service, and the the first case, his method was to provide bail for a temporary
enactment of the first probation law occurred in suspension or postponement of sentence, during which he
Massachusetts. sought to counsel and assist such persons find homes,
securing employment and adjusting family difficulties. At the
Volunteer services evolved in Maryland. The prisoners end of the probation period, he brought back the offender
Aid Association of Maryland, organized in 1869, employed to court, and if no further complaint had been lodged
agents to visit the prison and assist released prisoners and against the offender, the judged imposed a nominal fine
gradually they began to investigate cases and assist with costs. If the man was too poor, Mr. Augustus advanced
offenders before the Baltimore courts. A 1894 law provided the amount, usually as loan.
that any court in the state might release on probation for John Augustus originated in rudimentary form, many of
“good conduct” a person convicted of any offense not the techniques of probation officers and other social
capital, if no previous conviction was proved against him, workers today, including casework, foster home placement,
upon his entering into a recognizance, with or without and protective work for women and children.
sureties, and during such period as the court may direct to
appear and received judgment when called upon, and in the This was brought about by the changing attitudes of the
meantime to keep the peace and be of good behavior. people towards law breaker and the removal of the
inherited attitudes from the PURITANS.
Another state adopting a partial measure was Missouri
with its “parole of convicted person’s law of 1897.” John Augustus was born in 1785 at Woburn
Massachusetts and moved to Lexington Green and became
The second state to enact a real probation law. The a Cordwainer or Bootmaker. He prospered and acquired
Vermont like Missouri and unlike Massachusetts provided large track of land apart conveyed to Lexington Academy to
for probation only after suspension of the execution of erect a school. Which he became a trustee. In 1827 he moved
sentence. The bills in both states were supported by the to Boston and set up a shop at Franklin Avenue near the
state correctional agencies. Many features of the Courthouse. He began to visit courthouse because of his
Massachusetts law were incorporated, with several membership with the Washington Total Abstinence Society,
innovations since followed elsewhere. Vermont was the formed in Boston in 1841 to promote temperance and to
first to adopt a county plan. reclaim drunkards. During the first year, he took only men
charge with drunkenness. Then men and women charge
 3

with other offense and then children/ number of cases Section 11 of Act no 4221, the fatal provision of the
increases each year Act, provided that "This Act shall apply only in those
provinces in which the respective provincial boards
METHODS OF AUGUSTUS have provided for the salary of a probation officer . . .. "
1. Provide bail for temporary suspension of
punishment of sentence The declaration of unconstitutionality of the Probation
2. Then he sought counsel and assists his charges in Act of 1935 created a gap in the criminal justice system in the
finding homes, securing employment and adjusting Philippines. The criminal justice system is the machinery
family difficulties. which society uses in the prevention and control of crimes.
3. At the end of probation he brought offender back Its components are the police, the courts, the penal
to court-if no further charges are found- judge institutions, the probation and the parole systems the
imposes a nominal fine with cost if man is poor, components are highly dependent upon one another. The
Augustus advance fine as a loan. failure of one can destroy the effectiveness of all the others
within the system.
AUGUSTUS EXPERIMENT
- August 1841- Rugged drunk man In order to heighten the awareness of interdependency
- 3 weeks -The drunkard was brought back to and cooperation among the components of the criminal
court where the judge cannot recognize him. justice system, as well as to improve judicial process and to
Imposes a fine of $ 3.76. reduce the level of criminality, the National Police
- Augustus died on June 21, 1859. And out of 2000 Commission created an Inter-Disciplinary Committee in 1974
person whom he extended his help, only 10 were to prepare a National Crime Prevention Program. On July 24,
ungrateful. And out of 1100 cases, only one case was 1976, a "National Strategy to Reduce Crimes" was finalized
forfeited. and presented to the President of the Philippines. The
- Massachusetts became the 1st country to enact a Strategy proposed a two-pronged attack to reduce crime in
probation law on April 21, 1878 the country, namely: (1) to give emphasis on the prevention
and control of high-fear and economic crimes by
WHO IS GOVERNOR ALEXANDER H. RICE? implementing a number of priorities of actions; and (2) to
He provided appointment and prescribed duties for paid improve the quality of the criminal justice system by
probation officers. facilitating teamwork among its interdependent
components.
WHO IS PRESIDENT CALVIN COOLIDGE? The former
governor of Massachusetts. The following priorities of action were recommended:
1) Improvement of the quality of the criminal justice
C. HISTORY OF PROBATION IN THE system among its interdependent components;
2) Improvement of the management skills of law
PHILIPPINES enforcement;
3) Reducing the delays in the criminal justice
A. The Adult Probation Law of 1935 processes;
The Philippine Legislature enacted the first probation of 4) Making corrections more attuned to its role of
the Philippines. The first legislation was Act No. 4221 enacted rehabilitating law offenders; and
by the Philippine legislature on August 07, 1935 and which 5) Increasing the community participation in crime
created a Probation Offices under the Department of Justice prevention.
led by a Chief Probation Officer appointed by the American There were a number of projects recommended under
Governor General with the advice and consent of the United each of these priorities of action, among which was the
States. This Law provided probation for the first time establishment of an adult PROBATION SYSTEM. It was a
offenders, eighteen years of age and over, convicted of a priority action under (4).
certain crime.
The rationale for recommending priority consideration
However, the law stayed in the statue Books for only to the establishment of a probation system is clearly
Two years. The act subsequently declared unconstitutional apparent.
by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37 1. The penal system in the country is characterized by
O.G. 164. substandard treatment of prisoners. To try to train
lawbreakers to obey the law in a substandard system is
NOTA BENE: self-defeating.
The ill-fated Act was only procedural framework
that was antagonistic with the constitution/charter.
 4

2. The deterrent potentiality of the prisons is grossly persons, came out with the draft decree for presentation at
exaggerated. No one has ever proved that the threat of a seminar on the Probation System sponsored by the
severe punishment actually deters crime. National Police Commission and the U.P. Law Center on April
3. Prisons heighten the offenders' weaknesses and erode 24, 1976 subsequently attended by 369 participants.
their capacity for responsibility and sociability.
4. The maintenance of penal institutions is costly on the The Proposal was reviewed by a mixture of Jurist,
part of the government. In view of these considerations, Penologist, Policemen, Educators subsequently civic
an alternative to institutionalization for certain types of leaders, social and behavioral scientist, media men blue and
offenders was proposed. Such proposal was white collar workers and housewives. Two (2) foreign
subsequently translated into a law on July 24, 1976, experts participated namely Dr. Torsten Erickson, former
which is now known as the "Probation Law of 1976" or United Nations Inter-Regional Adviser on Crime Prevention
Presidential Decree No. 968. Justice and Dr. A. Lamonth Smith. Director for Research
Program Planning and Elicit comments on the adoption of
WHO IS TEODULO C. NATIVIDAD? adult probation system in the country.
He is the Father of Probation in the Philippines. He
headed the committee (IDCCP) primarily tasked with the A survey was made to elicit comments on the adoption
drafting of the adult probation law. of the adult probation system in the country. Favorable
resulted showed 87.1% in favor of the adoption, 7.1%
A. THE ADULT PROBATION LAW OF 1976 apprehensive and 5.8% non-committal.
It took a long time before another attempt was made
with introduction then by Congressman Teodulo C. Thereafter, the draft was sent to the Secretary of the
Natividad in collaboration with former Congressman Ramon Department of the National Defense, Secretary of the
D. Bagatsing, House Bill No. 393. The measure was passed in Department of the Justice and to the Supreme Court for
the Lower House and was pending in the senate when review and endorsement of the President.
Martial Law was proclaimed in 1972.
The final forum of the proposed institutionalization of
The Presidential decree No. 968, established a adult probation in the country was the First National
probation system less costly alternative to the imprisonment Conference on Crime Control, which was held at Camp
of the offender who are likely to respond to individualized, Aguinaldo from July 22 to July 24, 1976. It was on this historic
community-based treatment program is the second last day of the Conference that the Presidential Decree No.
legislation that enforces a probation system in the country. 968 and thereby Transported the criminal justice system of
the country to the twentieth century. In the process, the
On Nov. 13, 1974, the Inter-Disciplinary Committee on president also appointed as the first Probation
Crime Prevention (IDCCP) was created to formulate a Administration, NAPOLCOM Chairman, Teodolo C. Natividad
national crime prevention program for the courtly. in a concurrent capacity.

NOTA BENE: The committee places emphasis on “Pro- THE MULTI- SECTORAL BODY
action (crime prevention) rather than Reaction (action As advocated by the United Nations, the five-penal
after occurrence of the crime). multi-sectoral body is composed of experts from the various
sectors and disciplines comprising the five pillars of criminal
INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION justice system, namely: Police, Prosecution, Court,
(IDCCP) Correction and Community Participation. The panel on
The delegation’s official report served as the turning community participation has sub-panels on education,
point for the Inter-Disciplinary Committee on Crime welfare, religion, Barangay, health and economics.
Prevention of the commission to formulate for a national
crime prevention program. As mandated under Section 4(k) Under the leadership of Commissioner Teodulo C.
of republic Act no. 4864, otherwise known as the police Act Natividad, the IDCCP, after barely two months of work
of 1966”, the National Police Commission, on November 13, evolved a proposed system of probation for adults based on
1974, created the IDCCP. The IDCCP then under the charge of evaluation of projects on crime prevention and treatment of
Commissioner Teodulo C. Natividad, was asked by the offenders in the courtly, notably the Bacolod City
Secretary and Chairman of NAPOLCOM, Juan Ponce Enrile to experiment on social defense.
draft the adult probation decree.
This Committee, the Inter-Disciplinary Committee, is This was later incorporated as part of PD 968 which was
composed of authorities and representative from the five signed into law by Pres. Ferdinand E. Marcos on July 24, 1976.
pillars of the criminal justice system. After a laborious period Note: Jan. 3, 1978 – affectivity of the substantive provisions
of eighteen technical hearings involving sixty source of PD 968.
 5

at all. The applicability and application of the Act was

B. CASE ANALYSIS: PEOPLE VS. VERA entirely placed in the hands of the provincial boards. If a
PEOPLE OF THE PHILIPPINES VS VERA provincial board did not wish to have the Act applied in
(G.R. NO. L-45685, NOVEMBER 16 1937) its province, all it had to do was to decline to appropriate
the needed amount for the salary of a probation officer
FACTS: without even stating the reason therefore. The plain
Cu-Unjieng was convicted of criminal charges by the language of Section 11 was not susceptible of any other
trial court of Manila. He filed a motion for reconsideration interpretation. This was a virtual surrender of legislative
and four motions for new trial but all were denied. He then power to the provincial boards.
elevated to the Supreme Court of United States for review,
which was also denied. The SC denied the petition 2. Yes. There is undue delegation of legislative power.
subsequently filed by Cu-Unjieng for a motion for new
trial and thereafter remanded the case to the court of origin SC conclude that section 11 of Act No. 4221
for execution of the judgment. CFI of Manila referred the constitutes an improper and unlawful delegation of
application for probation of the Insular Probation Office legislative authority to the provincial boards and is, for
which recommended denial of the same. Later, 7th branch this reason, unconstitutional and void
of CFI Manila set the petition for hearing. The Fiscal filed an
opposition to the granting of probation to Cu Unjieng, The challenged section of Act No. 4221 in section 11
alleging, among other things, that Act No. 4221, assuming which reads as follows: "This Act shall apply only in those
that it has not been repealed by section 2 of Article XV of the provinces in which the respective provincial boards have
Constitution, is nevertheless violative of section 1, provided for the salary of a probation officer at rates not
subsection (1), Article III of the Constitution guaranteeing lower than those now provided for provincial fiscals.
equal protection of the laws. The private prosecution also Said probation officer shall be appointed by the
filed a supplementary opposition, elaborating on the alleged Secretary of Justice and shall be subject to the direction
unconstitutionality on Act No. 4221, as an undue delegation of the Probation Office."
of legislative power to the provincial boards of several
provinces (sec. 1, Art. VI, Constitution). The provincial boards of the various provinces are
to determine for themselves, whether the Probation
ISSUE: Law shall apply to their provinces or not at all. The
Whether or not: applicability and application of the Probation Act are
1. the Act No. 4221 encroaches upon the pardoning entirely placed in the hands of the provincial boards. If
power of executive. the provincial board does not wish to have the Act
2. the Act No. 4221 constitute on undue delegation of applied in its province, all that it has to do is to decline
legislative power. to appropriate the needed amount for the salary of a
3. the Act No. 4221 denies the equal protection of the probation officer.
law.
The clear policy of the law, as may be gleaned from
a careful examination of the whole context, is to make
RULING: the application of the system dependent entirely upon
the affirmative action of the different provincial boards
1. No. There is no encroaches upon the pardoning power through appropriation of the salaries for probation
of executive. act does not encroached in any upon the officers at rates not lower than those provided for
powers of the executive as they have understood and provincial fiscals. Without such action on the part of the
practiced from the earliest time; various boards, no probation officers would be
appointed by the Secretary of Justice to act in the
The Court held that the Probation Act did not, by provinces.
the force of any of its provinces, fix and impose upon the The Philippines is divided or subdivided into
provincial boards any standard or guide in the exercise provinces and it needs no argument to show that if not
of their discretionary power. What was granted was a one of the provinces — and this is the actual situation
"roving commission" which enabled the provincial now — appropriate the necessary fund for the salary of
boards to exercise arbitrary discretion. By Section 11 of a probation officer, probation under Act No. 4221 would
the Act, the legislature did seemingly on its own be illusory. There can be no probation without a
authority extend the benefits of the Act to the provinces probation officer. Neither can there be a probation
but in reality left the entire matter for the various officer without the probation system.
provincial boards to determine for themselves whether
the Probation Law should apply to their provinces or not 3. Yes, it denies the equal protection of the law
 6

 The salary of the salary of a

the probation probation
The act was surrender of legislative power to the
officer in each officer.
provincial board for its application was left to their province or city  The salary of
determination in providing for the salary appropriation , is provided for the probation
although there are no provision that fix and impose any by law, no officer is to the
longer subject discretion of
standards to guide in the exercise of provincial board’s
to the the respective
discretionary power; discretion of provincial
the respective boards.
That the unwarranted delegation of Power under provincial  The Probation
boards. Law divests
section11 of Act No. 4221 created a situation for
 The law the provincial
discrimination and inequality to exits as one province expressly boards of the
may appropriate then necessary funds for the salary of provides that power to
a probation officer while another may refuse or fail to "The Provincial determine
or City whether or not
do so;
Probation salary of a
Officer shall probation
Hence it contravened the equal protection of the receive an officer in their
law clause for those persons who may enjoy the annual salary of respective
at least provinces
benefits of Probation.
eighteen would be
thousand four appropriated.
In more precise language, the high court assailed hundred
that it bluntly called a “roving commission” that enable pesos.”
provincial boards to exercise arbitrary discretion so that As to the The conditions of The imposition of the said
condition of Probation make it conditions on the
if a provincial board did not wish to have the Act applied the MANDATORY for the probationer was merely
in its provincial, all that it had to do was to decline to probation Court to issue a probation DISCRETIONARY on the
appropriate the needed amount for the salary of order order containing specific part of the Court issuing
probation officer, which construed as a virtual surrender conditions for the the probation order.
probationer to fulfill. (Section 3)
of Legislative power to the provincial boards. (Section 10)  There is
 The reparation reparation or
It was considered class legislation. Under this law or restitution by restitution by
probation existed only in cities and municipalities, which the probationer the
to the aggrieved probationer to
were given appropriation for, said purpose by parties for the aggrieved
legislature. actual damages parties for
or losses caused actual
by his offense is damages or
III. BASIC DIFFERENCES BETWEEN DELETED. losses caused
by his offense.
P.D. 968 AND THE PROBATION As to the It provides that "in all It provides that the
period of other cases, the probation period of probation of a
ACT OF 1935 probation period shall not exceed 6 probationer found guilty
years. (Section 14) of "any other offense"
Presidential Decree 968 Act no. 4221 did not exceed twice the
The new law, therefore, maximum time of
(Probation Law of 1976) (Probation Law of 1935)
provides for a definite and imprisonment to which
As to It expressly and explicitly It expressly and explicitly
shorter probation period. he might be sentenced.
Applicability provides that "There shall provides that this Act
(Section 7)
of the be at least one probation shall apply only in those
As to the The Law provides that an Nowhere in the old
probation officer in each province provinces in which the
law and city who shall be respective provincial appealability order granting or denying Probation Law can there
appointed by the boards have provided for of the order probation shall not be be found a provision to
Secretary of Justice upon the salary of a probation granting or appealable. (Section 4) this effect.
denying
recommendation of the officer . . . " (Section 11)
probation
Administrator and in
accordance with civil As to the It contains a GENERAL It gave an enumeration of
service law and rules."  The Probation offenses not enumeration. It provides the offenses not covered
(Section 23) Law applies covered that the benefits of this by the Act. This
 The Probation only to Decree shall not be enumeration SPECIFIED
Law applies to provinces and extended to those: the crimes not covered.
all provinces cities in which (a) sentenced to These were:
and cities, their serve a maximum 1. Homicide
uniformly and respective term of 2. Treason
without provincial imprisonment of 3. Misprision of
discrimination. boards have more than 6 years; treason
provided for 4. Sedition
 7

(b) convicted of any 5. Espionage probationer or the

offense against 6. Conspiracy or probation officer
the security of the proposal to concerned.
State; commit It is clear therefore,
(c) who have treason that under the new law,
previously been 7. Piracy the Court relies heavily
convicted by final 8. Brigandage upon the probation officer
judgment of an 9. Arson and places great faith in
offense punished 10. Robbery in him.
by imprisonment band As to name  Office -  Office -
of not less than 11. Robbery with of probation Probation Probation
one month and violence on office and its Administration Office
one day and/or persons when head  Probation  Chief
fine of not less it was found Administrator - Probation
than two hundred that they the Executive Officer - the
pesos; displayed a Officer of the Head of the
(d) who have been deadly Probation Probation
once on probation weapon and Administration Office
under the 12. Corruption of
provisions of this minors."
Decree; (Section 8) IV.FORERUNNERS OF PROBATION
(e) who are already
serving sentence
The following are the forerunner of probation:
at the time the
substantive 1. Benefits of the Clergy- earliest for softening of the
provisions of this brutal severity of punishment. This was a compromise
Decree became
applicable. . .. " between the church and the king that, if any member of
(Section 9) the clergy was brought to trial before the king’s court,
N.B. Thus, besides a such clergy could be claimed from the jurisdiction by the
general enumeration of bishop or chaplain representing him on the ground that
the offense not covered,
the said Section further the prisoner was subject to the authority of the
broadened the scope of the Ecclesiastical Court only. There was greater leniency in
inapplicability of the Law. sentencing and particularly escape from death penalty.
Additional exemption Acquittal or guilt was established by a Jury of Twelve
from coverage can be
found in the offenses Clerks.
enumerated under Section
9 (a, c, d and e) 2. Judicial Reprieve- withdrawal of sentence for an
abovementioned. internal of time whereby the execution of the sentence
As to The modification or It provided that "The
modification revision of the conditions Court MAY, at any time,
is suspended either before or after judgment such as
or revision of of probation, Presidential revise, modify or enlarge when there is a favorable circumstance in the criminal’s
the Decree No. 968, Section 12 the conditions or period character in order to give him opportunity to apply to
conditions of provides in part, that of probation." the King for either an absolute an or conditional pardon.
probation "During the period of
probation, the court may,
Early English courts began to grants reprieves to
UPON APPLICATION of prisoners under sentence of death on condition that
either the probationer or they accept deportation to English settlements in
the probation officer, America.
revise or modify the
conditions or period of
probation. . .. " 3. Recognizance or “Binding over for good behavior” –
N.B. Contrasting the this is considered as the direct ancestor of probation.
two Sections, it is evident This involves an obligation or promise sworn to under
that under the new law,
application of either the
court order by a person not yet convicted of crime he
probationer or the would keep the peace and be of good behavior.
probation officer is needed
in order that the Court may 4. Transportation- this was developed from an ancient
exercise its discretion to
revise or modify the
practice of banishment and flourished for more than
conditions or period of two hundred years as a principal method of disposing
probation whereas the old offenders. It served mainly as cheap source of supplying
law granted to the Court labor to the colonies of England.
the exclusive discretionary
power of revision and
modification without need
of prior application by the
 8

application for probation by the

V. THE PROBATION LAW AND ITS court from five (5) days to
fifteen (15) days.
AMENDMENT Section 3
xxx
AMENDMENTS PRESIDENTIAL In the hearing, which shall be
DECREE NO. 968 summary in nature, the
Presidential Section 1 probationer shall have the right
Decree No. 1257 xxx to be informed of the violation
The prosecuting officer charged and to adduce evidence NONE
concerned shall be notified by in his favor. The court shall not
the court of the filling of the be bound by the technical rules
application for probation and of evidence but may be inform
he may submit his comment on itself of all the facts which are
such application within ten days NONE material and relevant to
from receipt of the notification. ascertain the veracity of the
xxx charge. The State shall be
Nota Bene: The prosecutor represented by a prosecuting
participates in the officer in any contested hearing.
determination of the application xxx
for probation. It is therefore N.B.
mandatory the prosecuting The defendant has the right to
officer concerned shall be be informed of the violation
notified by the court of the charged and to adduce
filling of the application for evidence in his favor.
probation and submits Sec. 4 sec. 33
comment within 10 days from xxx xxx
receipt. That the application of its That, the
Section 2 Section 7 substantive provisions application of its
xxx xxx concerning the grant of substantive
The court shall resolve the The court shall probation shall only take effect provisions
application for probation not resolve the petition on January 3, 1978." concerning the
later than fifteen days after for probation not xxx grant of probation
receipts of said report." later than five days shall only take
xxx after receipt of said effect twelve
report. months.
N.B. PD no. 257 extended the xxx xxx
period of resolving the

Batas Pambansa The probation system shall not The probation maximum term of
Blg. 76 be extended to a convicted system shall not be imprisonment of more than six
offenders sentenced to serve a extended to a (6) years. It that senses the
maximum term of convicted decree impliedly amended the
imprisonment of more than six offenders provision of BP 76.
(6) years and one (1) day. sentenced to serve Section 1 amending Section 4
a maximum term of of PD no. 968.
N.B. The probational period is imprisonment of Xxx
extended to six (6) years and more than six (6) Provided; That NO
one (1) day and below years. APPLICATION FOR PROBATION
N.B. The probational SHALL BE ENTERTAINED OR
period is six (6) GRANted if the defendant has
years and below. perfected the appeal from the
xxx judgment of conviction.
Any person sentenced to Xxx NONE
maximum penalty of six years NB: Appeal and probation is a
and one day on January 3, 1978 mutually exclusive remedy;
and thereafter may be placed NONE meaning once a defendant filed
on probation upon his his appeal it is a deemed waiver
application therefore with the of the filing of probation.
court of origin. However, such The period of perfecting an
person serving sentence shall appeal is also the period of
remain in jail pending the perfecting an application/filing
approval of his application. for probation. In general, the
XXX period of perfecting an appeal is
fifteen (15) days from the
Presidential The decree restore the promulgation of sentence.
Decree No. 1990 provision of section 9 of PD N.B. 1990 – The period of
968 that probation shall not be punishment which is
extended to a convicted probationable is lowered again
offenders sentenced to serve a
 9

from 6 years and 1 day to 6 years

or less

Executive Order It renamed the Probation

No. 292 Administration created under
PD 968 into Parole and
probation Administration.
It also extended the powers
and function of the PPA. It
includes the following:
a. Administer the
parole and
probation system;
b. Exercise general
supervision over all
parolees and
probationers;
c. Promote the
correction and
rehabilitation of
offenders; and
d. Such other
functions as may
hereafter be
provided by law.
xxx
(2)The Administration shall
have a Technical Service under
the Office of the Administrator
which shall serve as the service
arm of the Board of Pardons
and Parole in the supervision
of parolees and pardonees.
The Board and the
Administration shall jointly
determine the staff
complement of the Technical
Service
 10

CHAPTER II
THE NATURE OF PROBATION
IN THE PHILIPPINES
Statements of the principles, goals and objectives of the
CHAPTER CONTENTS Probation Law are found in its Preamble. The Preamble
1. Introduction indicates six essential goals, to wit:
2. Concept and Philosophy of Probation 1. An enlightened and humane correctional system;
3. Elements and Characteristics of Probation 2. The reformation of offenders;
4. Objectives, Purpose and Characteristics of 3. The reduction of the incidence of recidivism;
Probation 4. To extend to offenders individualized and
5. Advantages, Benefits and Savings of Probation community-based treatment programs instead of
6. Problem Areas of the Probation Law in1prisonment;
7. Probation under PD No. 603 as amended by RA 5. It is limited only to offenders who are likely to
9344 respond to probation favorably; and
6. It is economical or less costly than confinement to
SPECIFIC OBJECTIVES prisons and other institutions with rehabilitation
At the end of the lesson, students should be able to: programs.
1. define probation and other related terms. To provide a less costly alternative to the imprisonment
2. justify the importance of probation. of first-time offenders, then President Ferdinand E. Marcos
3. understand the concept and philosophy of issued on July 24, 1976 Presidential Decree No. 968 known
probation system. as the Probation Law of 1976. Under PD 968, the court may,
4. identify the elements and characteristic of after it shall have convicted and sentenced an accused and
probation. upon application of said accused, suspend the execution of
5. identify the objectives and purpose of probation. said sentence and place the accused on probation for such
6. list the advantages, benefits and savings of period and upon such terms and conditions as it may deem
probation system. best. First-time offenders were given a second chance to
7. identify the problem areas of the probation law. maintain their place in society through a process of
reformation, which is better achieved when he is not mixed
8. differentiates probation under PD No. 968 and
with hardened criminals within prison walls.
PD No. 603 as amended by RA 9344.
PROBATION DEFINE
The word probation is from the Latin word “probatio”
I. INTRODUCTION which means testing. the word probation is also said to be
originated from the Latin verb “probare” which means to
Most correctional authorities believed that probation is
prove.
one of the most effective and economical tools which
In criminal law it is a period of supervision over an
society now has available for the care, treatment and
offender, ordered by a court instead of serving time in
rehabilitation of certain adult and juvenile offenders against
prison.
the law. Probation is a procedure wherein a sentence of
In the case of Frad v. Kelly, "Probation is a system of
offender is temporarily suspended and he is permitted to
tutelage under the supervision and control of the court
remain in the community, subject to the control of the court
which has jurisdiction over the convicted defendant, has the
and under the supervision and guidance of a probation
record of his conviction and sentence, the records and
officer. It is a privilege granted by the court to a person
reports as to his compliance with the conditions of his
convicted of a crime or criminal offense to remain with the
probation, and the aid of the local probation officer, under
community instead of actually going to prison.
whose supervision the defendant is placed." It consists of
Presidential Decree No. 968 otherwise known as the
the conditional suspension of punishment while the
Probation Law of 1976 recognizes such trend. However, the
offender is placed under personal supervision and is given
Decree separates adult probation from juvenile probation
individual guidance or treatment.
for it expressly excludes those entitled to the benefits under
The Philippine Probation Law of 1976, as enacted by
the provisions of Presidential Decree No. 603, known as the
Presidential Decree No. 968, defines probation as, "a
Child and Youth Welfare Code, and similar laws.
disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the
 11

court and to the supervision of a probation officer." This 15. Trial Court - refers to the Regional Trial Court (RTC)
decree will take effect on January 2, 1978. of the Province or City/Municipal Court which has
jurisdiction over the case.
16. Volunteerism - is a strategy by which the parole and
TERMS TO PONDER probation administration may be able to generate
As used in Section 3 of PD 968 and Section 4 of Parole maximum citizen participation or community
and probation administration omnibus rules on probation involvement in the overall process of client
methods and procedure. The following shall, unless the rehabilitation.
context otherwise requires, be construed thus:
1. Amicus Curiae – Means friend of the court
2. Absconding Petitioner- a convicted accused whose
II. CONCEPT AND PHILOSOPHY OF
application for probation has been given due course PROBATION
by the court but fails to report to the parole and
probation office or cannot be located within a A. CONCEPT OF PROBATION
reasonable period of time. P.D 968 as amended, otherwise known as the probation
3. Absconding Probationer- an accused whose law of 1976 defines probation. The court convicts and
probation was granted but failed to report for sentences the defendant but the execution of the sentence,
supervision within the period ordered by the court whether it imposes a fine only or a term of imprisonment is
or a probationer who fails to continue reporting for suspended and the defendant is released on probation.
supervision and/or whose whereabouts are Probation implies that during the period of time fixed by the
unknown for a reasonable period of time. court, the defendant is provided with individualized
4. Defense Counsel/Counsel- lawyer of the petitioner community based treatment including conditions he is
5. Petition- application for probation. required by the court to fulfill his correction and
6. Petitioner - a convicted defendant who files an rehabilitation which might be less probable if he were to
application for probation. serve a prison sentence, and for this purpose, he is placed
7. Probationer - means a person placed on probation. under the actual supervision and visitation of a probation
8. Probation- is a disposition under which a defendant, officer.
after conviction and sentence, is released subject to If the defendant violates any of the conditions of his
conditions imposed by the court and to the probation, the court may revoke his probation and order him
supervision of a probation officer. to serve the sentence originally imposed. On the other hand,
9. Probation Investigation - The process of selection, if he fulfills with the terms and conditions of his probation,
diagnoses and planning with the client. he shall be discharge by the court after the period of
10. Probation Supervision- The continuous process of probation, where upon the case against him shall be deemed
helping the client to follow through with the plans, terminated. His final discharged shall operate to restore to
reevaluation and working with the client in the him all civil rights lost or suspended as result of his conviction
process of planning his life to meet dynamic and to fully discharge his liability for any fine imposed as to
situation. the offense for which probation was granted. However, he
11. Probation Officer - public officer like the Chief shall continue to be obliged to satisfy liability resulting from
Probation and Parole Officer (CPPO), Supervising the crime committed by him.
Probation and Parole Officer (SPPO), Senior The basic legal conceptions of probation in the Decree
Probation and Parole Officer (SrPPO), Parole and are twofold: First, it as a conditional suspension of the
Probation Officer II (PPOII), or Parole and Probation execution of sentence - It denotes that the court assumes a
Officer I (PPOI), who investigates for the Trial Court primary role because a grant of probation is judicially
a referral for probation or supervises a probationer dispensed and controlled. Second it is a personal care or
or does both functions and performs other treatment and supervision over the probationer - It
necessary and related duties and functions as indicates the administrative aspect of probation through the
directed. supervision of a probation officer and from the point of view
12. Probation Office - refers either to the Provincial or of social workers, a social casework treatment.
City Probation Office directed to conduct
investigation or supervision referrals as the case PROBATION IS A COURT FUNCTION
may be; In the Probation Law, the court assumes a dual role.
13. Probation Order - order of the trial court granting First, when it acts in accordance with the jurisdiction it
probation acquires over the accused and proceeds to determine his
14. Prosecutor- lawyer of the victim. guilt. Assuming an affirmative finding of the offender's guilt
beyond reasonable doubt, the court would convict and
sentence said offender. Second, when the court determines
 12

whether or not to grant probation upon application of the The jurisdiction and control of the court which arises
offender. Sections 3(a) and 4 of the Decree clearly shows from an imposed sentence, remains with the court even
this dichotomy. after a grant of probation. This is evident in Sections 32 and
The Decree defines probation in Section 3 as "a 40 of the Rules On Probation Methods and Procedures.
disposition under which the defendant, after conviction and Section 32 provides: "During the period of probation the
sentence, is released subject to the conditions imposed by court, motu proprio, or on motion of the probation officer or
the court and to the supervision of a probation officer. It is of the probationer, may revise or modify the conditions or
evident from this provision that an offender will be released terms of the probation order." In case of violation of the
on probation only after conviction and sentence. terms and conditions imposed by the court, Section 40
Furthermore, Section 4 underlines the necessity of filing an provides "if the violation is established, the court may
application with the trial court before the suspension of the revoke or continue his probation and modify the conditions
execution of the court's judgment. The petition for thereof. If revoked, the court shall order the probationer to
probation may be filed by a petitioner directly with the trial serve the sentence originally imposed and shall commit the
court which exercises jurisdiction over his case. If the court probationer." This power of the court underlines the non-
finds that the petition is in due form and that the petitioner punitive and non-repressive aspect of probation. Such
is not disqualified from the grant of probation it shall refer constitutes a sufficient threat to the probationer to fulfill all
the same to the Provincial or City Probation Officer within its terms and conditions imposed by the court.
jurisdiction as the case may be. The court shall order the
Provincial or City Probation Office to conduct a post- PROBATION IS A ADMINISTRATIVE PROCESS
sentence investigation of the petitioner. Only upon the filing Once the court has granted probation to an offender
of an application for probation after conviction and and has duly imposed the terms and conditions of the
sentence and a determination that the offender does not fall probation, the probation officer has the bounden duty to
under any of the disqualifications set forth in the Decree may see to it that the probationer observes all terms and
the court suspend the execution of sentence. conditions imposed by the court. Probation supervision is
The Post-Sentence Investigation is an indispensable then a primarily an administrative process.
requisite to a grant of probation. The Probation Law The primary purposes of probation supervision are:
provides: "No person shall be placed on probation except (a) To carry out the conditions set forth in the
upon prior investigation by the probation officer and a probation order;
determination by the court that the ends of justice and the (b) To ascertain whether the probationer is following
best interest of the public as well as that of the defendant said conditions; and
will be served thereby." (c) To bring about the rehabilitation of the probationer
The scope of the investigation must be consistent with and his reintegration into the community.
the purposes of probation. In general, it is a fact finding To carry out these purposes the Probation Law upon its
inquiry into all information relative to the character, approval carried with it the establishment of a Probation
antecedents, environment, mental and physical condition of Administration an agency under the Department of Justice,
the offender, and available institutional and community which shall exercise general supervision over all
resources. probationers. The Administration shall have regional offices
Upon the termination of the Post-Sentence organized in accordance with the field service area pattern
Investigation, the probation officer shall submit to the court established under the Integrated Reorganization Plan. There
the investigation report on a defendant not later than sixty shall be at least one probation officer in each province and
days from receipt of the order of said court to conduct the city who shall be appointed by the Secretary of Justice upon
investigation. The purpose of the report is to assist the court recommendation of the Administrator and in accordance
in determining whether or not the ends of justice and the with civil service law and rules.
best interest of the public as well as that of the defendant At this juncture, it is to be emphasized that in spite of
will be served thereby. the fact that the Probation Administration is an executive
The recommendation contained in the report is merely agency, control of the courts over the probationer is not
persuasive and is in no way binding upon the court. lost. The basis for such is the first paragraph of Section 13 of
Considering the foregoing and compliance therewith, the the Decree which provides that "the probationer and his
court will promulgate a probation order. Probation is a probation program shall be under the control of the court
privilege and, as such, its grant rests solely upon the who placed him on probation subject to actual supervision
discretion of the court. The grant of probation results in the and visitation by a probation officer."
release of the petitioner subject to the terms and conditions
imposed by the court, and to the supervision of the A. PHILOSOPHY OF PROBATION
Probation Office.33 As to the conditions to be imposed by The Probation adheres to the following philosophy:
the court, they are enumerated in Section 10 of the 1. There is no single cause for delinquent behavior.
Presidential Decree No. 968. Human beings are extremely complicated. It is not
 13

possible to trace complex pattern of Human 10. It is generally concealed that probation a matter of
behavior to any single cause; privilege to be granted refused at discretion of the
2. Delinquent and criminal acts are symptoms. The State. The applicant has already been convicted and
offender against our law is exhibiting a symptom of sentenced by the court and it is only the mercy of
social or psychological disturbance, just as a that he may be given probation;
headache is a symptom of a physical disturbance. 11. No violation of probation conditions should result in
This means that the juvenile delinquent or adult automatic revocation;
offender is in need of treatment. The job of 12. No physical would undertake to prescribe
Probation Administration is to find out what the treatment for sick man unless he has repot of his
problems are beneath the symptom and to ailment and condition (diagnosis), a judge should
recommend appropriate treatment plans; not pass judgment on a man without post-sentence
3. That the individual has the ability to change and investigation report.
modify his anti-social behavior with the right kind of
help;
4. The central goal of probation Administration is to
III. ELEMENTS AND
enhance the safety of the community by reducing CHARACTERISTICS OF
the incidence of Criminal acts by person previously
convicted. The goal is to achieve through PROBATION
counseling , guidance, assistance, surveillance and
restraint of the offender to enable their A. ELEMENTS OF PROBATION
reintegration into society as law abiding and
productive members; a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION
5. The basic idea underlying a sentence to probation is 1. A post sentence investigation report which will
very simple. Sentencing is in large part concerned serve as the informational for the court’s
with avoiding future crimes by helping the decision to grant or deny probation.
defendant learn to live productively in the 2. The conditional suspension of execution of
community which he has offended; sentence by the court.
6. This is of course not to say that probation should be 3. Condition of probation imposed by the court to
used in all cases, or it will always produce better protect public safety and to faster the
results. There are many goals of sentencing some of rehabilitation and reformation of the
which in given case may require the imposition of a probationer.
sentence to imprisonment even in the face of a 4. Supervision, guidance and assistance of the
conclusion that the probation is more likely to offender by a probation officer.
assure that the public that the particular defendant
will not offend again. b. ESSENTIAL ELEMENTS OF THE PROBATION
7. By the same token however, it can be said that SYSTEM UNDER PRESIDENTIAL DECREE NO. 968
probation is a good bit more than the “matter of The following are the essential elements of the
grace” or “leniency” which characterizes the probation system under Presidential Decree No.
philosophy of the general public and of many 968:
Judges and legislators on the subjects. Probation is 1. Probation is a single or one-time" affair.
an affirmative correction too, a tool which is used 2. Probation system is highly selective.
not because is maximum benefits to the defendant, 3. Persons under probation retain their civil rights,
but society which is sought to be served by the like the right to vote, or practice one's
sentencing criminals; profession, or exercise parental or marital
8. An adequate correctional system will place great authority.
reliance on appropriately funded and manned
probation services. Within such context probation B. CHARACTERISTICS OF PROBATION
services. Within such context probation can lead to 1. More enlightened and humane correctional
significant improvement in the preventive effects of treatment.
the criminal law, at much less of a financial burden 2. It aims to promote the reformation of the
than the more typical prison sentence; offenders.
9. Imprisonment as a sole cure for prevalence of Crime 3. It reduces the incidence of recidivism.
is no Longer recognized. Prisons are in themselves 4. It extends to offenders individualized and
often productive of crime and Destructive of the community based treatment programs instead of
keepers as well as kept imprisoning them.
 14

5. It is limited to offenders who are likely to respond 7. It reduces the burden of police forces and
favorably there to. institution in feeding and guarding detainees.
6. It is less costly than the confinement of all offenders 8. It gives the first and light offenders a second chance
in prisons. in life.
9. It makes the offender productive or taxpayers
instead of tax eaters.
IV.OBJECTIVES AND PURPOSE OF 10. It restores to successful probationers his civil rights
PROBATION which was previously lost or suspended as a result
of conviction.
A. OBJECTIVES OF PROBATION 11. It has been proven effective in developing countries
The following are the fundamental objectives of a that have adopted it.
Probation Agency 12. It is advocated by the United Nations in its various
1. Assist the court in matters pertaining to sentencing congresses in crime prevention and treatment of
2. Promote community protection by supervising and offenders
monitoring the activities of persons on probation
3. Promote the betterment of offenders by ensuring B. BENEFITS OF PROBATION
that they receive appropriate rehabilitation services Probation has the following benefits:
1. It protects society
B. THE PURPOSE OF THE PROBATION LAW a. from the excessive cost of detention
The purpose of the Probation Law as stated in Section 2 b. from the high rate of recidivism of detained
thereof reiterates the above-mentioned characteristics and offender
vests in them the mandate of law. It provides that the
purpose of the Decree is to: 2. It protects the victim
1. Promote the correction and rehabilitation of an a. it provides restitution
offender by providing him with individualized b. it preserves justice
treatment;
2. provide an opportunity for the reformation of a 3. It protects the family
penitent offender which might be less probable if a. it does not deprive the wife and children of
he were to serve a prison sentence; and husband and father
3. Prevent the commission of offenses. b. it maintains the unity of a home

4. It assists the government

V. ADVANTAGES, BENEFITS AND a. it reduces the population of prisons and jail
SAVINGS OF PROBATION b. it lessens the clogging of courts
c. it lightens the load of prosecutors
A. ADVANTAGES OF PROBATION
The implementation of the Probation Law will confer 5. It helps the offender
benefits and advantages not only to society in general but a. it maintains his earning power
more soon the part of the offender and the government. b. it provides rehabilitation in the community
Specifically the following are the advantage of probation: c. it restores his dignity
1. Probation prevents crime by offering freedom and
aid only to those who are not likely to assault 6. It justifies the philosophy of men
society again. a. that life is sacred
2. It protects the society by placing under close b. that all men deserve a second chance
supervision non-dangerous offenders while c. that and individual can change
undergoing treatment and rehabilitation in the d. that society has the moral obligation to lift the
community. fallen
3. It conform the modern humanistic trends in
Penology. C. SAVINGS OF PROBATION
4. It prevents youthful of first time offenders from The following are the savings of probation:
turning into hardened criminals. 1. Probation is one tenth the cost of detention. As
5. It is a measure of cutting enormous expends in illustrated, the per capita cost of maintaining one
offender in the Philippines is estimated at Php
maintaining jails.
11,000.00 annually, while it costs only Php 300.00 to
6. It reduces recidivism and overcrowding of jails and
maintain one offender on probation.
prisons.
 15

2. This means savings of Php 30,000.00 when 10,000 247 of the Revised Penal Code or concubinage insofar as
of 40,000 offenders are on probation annually. It is the concubine is concerned in Article 334, of the same.
expected that at least one third of the prisons and Unlike Section 9(a), Section 9(c) has reference to the
jail population in the country would benefit from penalty imposed by law.
probation.
3. The average per capita income of a Filipino in 2003 Under Section 9(d), one who has been on probation
according to the National Statistics and only under the Juvenile Delinquency Act of 1924, Article
Coordination Board (NSCB) was Php 30,703.00. It 80 of the Revised Penal Code, or the Child and Youth
means that when 10,000 probationers are making a Welfare Code will not be disqualified.
living they will produce Php 307,030,000.00 in
goods and service annually. A part of this goes to Under disqualification (e), those who will serve
the government in forms of taxes. Indeed, sentence after the substantive provisions of the Decree
detention makes tax eaters while probation makes shall become operative will be permitted to do so,
TAX PAYERS. according to one view. The reason given is that
4. The cost of constructing and preparing prisons and otherwise it would have been unnecessary for the law
jails is enormous which would run to at least to specify the time at which the offender concerned
Php10,000,000 annually in order to accommodate should be serving his sentence. Another view, however,
40,000 offenders. points to the principle of separation of powers.
5. The probation system saves the government a total
of Php 4.678 Billion in terms of prisoners 4. Probation, it is argued, as laid out by the Decree is
maintenance in jails and prisons all over the country. primarily a judicial function, while the service or
6. Philippine Probation System adheres to the concept execution of sentence is an executive one. When the
of Restorative Justice. Thus, a total of Php 137.923 convict is delivered to the hands of the prison
Million has been paid to clients’ victims and/or their authorities, to subsequently allow the judiciary to reach
heirs him by suspending the further service of his sentence
7. The biggest savings of probation aside from money and placing him on probation would constitute an
are, however, in the forms of human resources, intrusion into the prerogatives of the executive to
dignity, time and opportunity for development, whom belongs the exclusive power to grant reprieves,
which are most needed by our society. commutations and pardons and remit fines and
forfeitures.

Therefore, according to this view, offenders who are

VI.PROBLEM AREAS OF THE already serving sentence, no matter when they start or
PROBATION LAW may be found to be serving sentence, are NOT qualified
for the benefits of the Decree.
1. Presidential Decree No. 968 will cover civilians tried
and convicted by military tribunals. Section 1 provides: 5. It cannot be made at any time after conviction and
"it shall apply to all offenders except those entitled to sentence, but rather extends only up to the actual
the benefits under the provisions of Presidential commitment of the defendant to prison for the service
Decree No. 603 and similar laws." Section 9 on of his sentence, and not thereafter. The defendant may
disqualified offenders does not include those convicted apply for probation in case of appeal from a judgment
by military tribunals. of conviction. He may apply for probation as long as he
has not begun serving his sentence, and obviously this
What are the "similar laws" referred to in Section 1? does not happen if the sentence has not become final
Two can readily be mentioned-The Dangerous Drugs Act and executory, such as during the pendency of an
of 1972 and the Articles of War. appeal.

2. The cut-off point at six years imprisonment for 6. The rule of automatic withdrawal of pending appeal
extending the benefits of probation refers to the applies in case the application for probation is made
sentence actually imposed, not that prescribed by law when the appellate court has already rendered its
for the offense committed. decision, there being no indication in the probation law
to the contrary, and the operation of such rule being in
3. The probation law does not disqualify one who has accordance with the maxim that laws should be liberally
been convicted of an offense penalized by DESTIERRO, construed in favor of the accused.
such as that of killing or inflicting serious physical
injuries under the exceptional circumstances in Article
 16

7. The application for probation may be in any form, may be allowed on temporary liberty under his bail
whether written or oral. While Section 4 of the Decree filed in the criminal case, or on recognizance.
states that the application shall be filed with the court,
this does not necessarily mean that it should be in 11. While the grant or denial of probation is not
writing, even if a written form would definitely be more appealable, certiorari will lie, under the general law on
convenient to the court. A liberal construction of the law certiorari. This is not appeal for he does not question
beneficial to the accused would not consider the use of the findings of fact of the trial court but only the
the term 'filed' by the law, as impliedly requiring a reasonableness of the order based thereon and
written form. adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the
8. Defendant is not entitled as a matter of right to the proper, court alleging the facts with certainty and
assistance of counsel in the investigation. The praying that judgment be rendered annulling or
probation law does not have a provision guaranteeing modifying the proceeding as the law requires of such
the right to counsel in such investigation. The tribunal, board or officer. The petition shall be
constitutional guarantee that in all criminal accompanied by a certified true copy of the judgment or
prosecutions the accused shall enjoy the right to be order subject thereof, together with copies of all
heard by himself and counsel and that any person under pleadings and documents relevant and pertinent
investigation for the commission of an offense shall thereto.
have the right to counsel would not seem to apply
because the investigation by the probation officer is 12. The grant of probation does not erase, modify of
neither prosecutory nor accusatory in character. It is otherwise affect the offender's CIVIL LIABILITY.
merely a fact-finding inquiry. Probation is a substitute for imprisonment and other
criminal penalties, not a mode of discharging the civil
9. Neither is the constitutional guarantee against self- liability, which is owed not to the State but to the
incrimination that no person shall be compelled to be a offended party. The sentence, which is suspended from
witness against himself, available in the investigation. execution, means only the imposition of the criminal
The said guarantee does not depend upon the nature of penalties, not the civil liability. If it were otherwise, the
the proceedings in which it is invoked, of course, and it offended party would have to file a separate civil action
may be availed of as long as the questions objected to thereby creating multiplicity of suits, contrary to public
would incriminate the person who 'is asked to answer policy. In fact, civil indemnification might be imposed as
the same. But it is an established doctrine that where a condition for probation under Section 10 (k) of the
the answer to a question, however self-incriminating, Probation Law. Indeed, under Article 112 in relation to
may not be used as evidence of criminal liability of the Article 113, of the Revised Penal Code, except in case of
respondent because there is a law prohibiting its use for extinction of his civil liability in accordance with the
that purpose, then the privilege against self- provisions of the civil law, the offender shall continue to
incrimination may not be validly invoked to justify be obliged to satisfy the civil liability resulting from the
refusal to answer the question. Section 17 of the crime committed by him, even if he has served his
Probation Law provides that the investigation report sentence consisting of deprivation of liberty or other
and the supervision history of the probationer obtained rights, or has not been required to serve the same by
under this decree shall be privileged, i.e., it may not reason of amnesty, pardon, commutation of service, or
legally be used as· evidence of liability. any other reason.

We raise one question, though. The same Section 17

itself provides that "the investigation report and the
VII. PROBATION UNDER PD NO. 603
supervision history x x x shall be privileged and shall AS AMENDED BY REPUBLIC ACT
not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court NO. 9344
concerned x x x." If the defendant cannot invoke the The Presidential Decree (PD) 603 is known as the Child
privilege against self-incrimination during the and Youth Welfare Code. The Decree was signed by his
investigation, would not the incriminating answers Excellency President Ferdinand Marcos on December 10,
given prejudice the court in deciding whether it will 1974 and took effect on June 10, 1975. It provides for the
grant probation or not? grant of probation to youthful offender as an alternative to
imprisonment. It is considered as the second probation law
10. Pending submission of the investigation report and the of the Philippines which is intended only for minors.
resolution of the petition for probation, the defendant Presidential Decree No. 603 applies to youthful
offenders. It suspends the sentence of minor offenders
 17

whose ages range from 9 years old but not more than 21 a child in conflict with the law shall not be used in
years old (now 18) the time of the commission of the offense subsequent proceedings for cases involving the same
and places them to rehabilitation center. It states, "if after offender as an adult, except when beneficial for the
hearing the evidence in the proper proceedings, the court offender and upon his/her written consent.
should find that the youthful offender has committed the A person who has been in conflict with the law as a child
acts charged against him, the court shall determine the shall not be held under any provision of law, to be guilty of
imposable penalty, including any civil liability chargeable perjury or of concealment or misrepresentation by reason of
against him. However, instead of pronouncing judgment of his/her failure to acknowledge the case or recite any fact
conviction, the court shall suspend further proceedings and related thereto in response to any inquiry made to him/her
shall commit such minor to the custody or care of the for any purpose.
Department of Social Welfare, or to any training institution
operated by the government, or duly licensed agencies or Sec. 67 of Republic act No. 9344: Children Who Reach the
any other responsible person, until he shall have reached 21 Age of Eighteen (18) Years Pending Diversion and Court
years of age (now 18), or for a shorter period as the court Proceedings. - If a child reaches the age of eighteen (18)
may deem proper. years pending diversion and court proceedings, the
appropriate diversion authority in consultation with the local
NOTA BENE: The age of minority is lowered from 21 to 18 social welfare and development officer or the Family Court
years old. in consultation with the Social Services and Counseling
Division (SSCD) of the Supreme Court, as the case may be,
RELATED PROVISIONS UNDER REPUBLIC ACT NO. 9344 shall determine the appropriate disposition. In case the
appropriate court executes the judgment of conviction, and
Sec. 5 of Republic act No. 9344: Rights of the Child in unless the child in conflict the law has already availed of
Conflict with the Law. - Every child in conflict with the law probation under Presidential Decree No. 603 or other similar
shall have the following rights, including but not limited to: laws, the child may apply for probation if qualified under the
xxx provisions of the Probation Law.
(m) the right to probation as an alternative to DISTINCTION BETWEEN PROBATION UNDER
imprisonment, if qualified under the Probation Law; PRESIDENTIAL DECREE NO. 603 AND UNDER
xxx PRESIDENTIAL DECREE NO. 968.
Presidential Decree No. Presidential Decree No. 968
Sec. 42 of Republic act No. 9344: Probation as an Alternative 603
to Imprisonment. - The court may, after it shall have
convicted and sentenced a child in conflict with the law, and Under Presidential Decree Under Presidential Decree
upon application at any time, place the child on probation in No. 603 the youthful No. 968, the offender is
lieu of service of his/her sentence taking into account the offender is neither convicted and sentenced.
best interest of the child. For this purpose, Section 4 of convicted nor sentenced Section 3 defines probation
Presidential Decree No. 968, otherwise known as the although the court finding as a disposition under which
"Probation Law of 1976", is hereby amended accordingly. him guilty determines the a defendant, after
imposable penalty and conviction and sentence, is
Sec. 43 of Republic act No. 9344: Confidentiality of Records orders his commitment as released subject to
and Proceedings. - All records and proceedings involving a matter of course to any conditions imposed by the
children in conflict with the law from initial contact until final of the trustees for his court and to the supervision
disposition of the case shall be considered privileged and correction and of a probation officer. The
confidential. The public shall be excluded during the rehabilitation, even probationer is not
proceedings and the records shall not be disclosed directly without his asking for it committed to any
or indirectly to anyone by any of the parties or the and without any prior institution but is set free
participants in the proceedings for any purpose whatsoever, investigation. under the constructive
EXCEPT to determine if the child in conflict with the law custody of the court which
may have his/her sentence suspended or if he/she may be heard his application for
granted probation under the Probation Law, or to enforce probation. Section 4 of the
the civil liability imposed in the criminal action. Probation Decree requires
The component authorities shall undertake all measures that defendant should apply
to protect this confidentiality of proceedings, including non- for probation.
disclosure of records to the media, maintaining a separate
police blotter for cases involving children in conflict with the
law and adopting a system of coding to conceal material
information which will lead to the child's identity. Records of
18
 20

CHAPTER III
THE COMMUNITY BASED
CORRECTION PROGRAM
B. DUAL PURPOSE OF CORRECTIONS
CHAPTER CONTENTS
1. To punish and
1. The Present Philippine Correctional Set-Up
2. To rehabilitate the offender.
2. Community-Based Correction Programs in the
Philippines
C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL
3. Advantage of Community Based Correction Programs
JUSTICE SYSTEM
4. The role of Community Corrections in the
Correction is the fourth pillar of the PCJS, and
Criminal Justice System
identified as the weakest pillar. As a field of criminal justice
5. Basic Principles Underlying the Philosophy of
administration, it utilizes the body of knowledge and
Community-Based Treatment Programs
practices of the government and the society in general
6. Subject coverage
involving the process of handling individuals who have been
convicted of offenses for purposes of crime prevention and
SPECIFIC OBJECTIVES
control.
At the end of the chapter, students should be able to:
Among the five pillars of the criminal justice system,
1. define correction and identify its role as component of
corrections is the least heard, known or understood society
criminal justice system.
seems to have some reluctance to look at it although its role
2. illustrate and understand the present Philippine
in the reformation and rehabilitation of offenders cannot be
correctional set-up.
overemphasized. Furthermore, jail administration and
3. define community-based correction.
control in our country is distributed to at least, four
4. differentiate and compare institutional correction to
agencies:
community based correction program.
1. The BUREAU OF CONNECTIONS (BUCOR), under
5. identify the advantages of community based
the DOJ; which has supervision over the national
correction program and explain its role in the
penitentiary and its penal farms;
criminal justice system.
2. The BUREAU OF JAIL MANAGEMENT AND
6. identify and justify the basic principles underlying the
PENOLOGY (BJMP), under the DILG; which has the
philosophy of community based-treatment programs.
exclusive control over all city, municipal and district
7. enumerates and differentiates the forms of
Jails nationwide;
community based correction program.
3. The PROVINCIAL GOVERNMENTS, under DILG;
which supervise and control their respective
provincial and sub-provincial Jails; and
4. the DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD), which takes care of,
I. THE PRESENT PHILIPPINE among others, youthful offenders entered in
detention centers for juveniles, aside from thesce,
CORRECTIONAL SET-UP Other agencies under this pillar are the: (Community
Based Correction)
A. WHAT IS CORRECTION? 1. The Parole and Probation Administration (PPA)
Correction is the branch of the administration of CJS under the Department of Justice (DOJ); and
charged with the responsibility for the custody, supervision 2. The Board of Pardons and Parole also under the
and rehabilitation of convicted offenders. It is also define as Department of Justice.
the STUDY OF JAIL OR PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation and NOTA BENE: There are also LOCK-UP JAILS under the
reformation of criminals. Philippine National Police (PNP); this fragmented
Further, it is define as a GENERIC TERM that includes all administration of jails often creates confusion since many
government agencies, facilities, programs, procedures, are not aware of this set-up.
personnel, and techniques concerned with the investigation,
intake, custody, confinement, supervision, or treatment of Generally, corrections, as a component of the system
alleged offenders. are responsible for:
 21

1. The MAINTENANCE of institution such as prisons, jails, said memorandum of agreement was EXPANDED on August
halfway houses, and others. 17, 1993 with the inclusion of the National Prosecution
2. The PROTECTION of law-abiding members of society service or (NAPROS) as the fifth party thereto.
by keeping convicted offenders from preying on True to its form, the MOA spreads up its intent through
society. seminars. These offered opportunities to officials and
3. The REFORMATION and rehabilitation of offenders in personnel of the tasked agencies to familiarize themselves
preparation for their eventual reintegration to the with the mechanics of the agreement, as well as to offer
mainstream of society and helping them lead a normal avenue to discuss various aspects of how jails are to be
life after release. decongested.
4. The DETERRENCE of crimes, experience in prison and
the fear of isolation and denial of liberty will influence E. LAW AND DECREES USUALLY AVAILED OF TO
inmates and potential offenders to lead a life not in DECONGEST JAILS
conflict or afoul with the law.
1. Presidential Decree No. 603, known as the child and
D. DECONGESTION OF JAILS young welfare code, suspends sentence of minor
There are several laws, decrees and circulars which we offenders whose ages range from nine (9) years to
implement to decongest our jails. But before we discuss under eighteen (18) years and place them in
these, allow me to show you how congested our jails are as rehabilitation centers under the supervision of the
far as the national capital region is concerned. Department of Social Welfare and Development before
Jail congestion is not a recent phenomenon, nor is it they are released to the custody of their parents or to
confined in the Philippines alone. Jail congestion is any responsible person.
WORLDWIDE. Some industrialized countries like the United
States, experience it, let me cite a few examples: Rikkers 2. Batas Pambansa Bilang 85, authorizes the release of a
Island in New York is actually an island prison facility. It is detainee who has undergone preventive imprisonment
overcrowded. To cushion the effect of congestion, two equivalent to the maximum imposable sentence for the
floating dormitories were constructed to confine offenders offense he is charged with’
therein; in 1995 or four years ago. Director General Keith
Hamburger of the Queensland services commission of 3. Article 96 of the Revised Penal Code, provides that in
Australia reported that congestion is also a problem in his meritorious cases, the commutation of the prisoner’s
country. sentence through presidential action shall be upon the
In January of 1994, in Manila, Ronald W. Nikkel, recommendation of the court which imposed the same;
president of prison fellowship international who had toured and ARTICLE 97, which provides that a prisoner shall be
some of the jails in the National Capital Region (NCR) and the entitled to a deduction from his prison term for good
New Biliid Prisons of the Bureau of corrections in Municipal conduct; and
City observed and commented that in the 41 countries of the
world he had traveled, most have a problem on congestion. 4. DOJ Memorandum Circular no. 6 which directs all
He added that this problem is PREVALENT IN THIRD WORLD wardens or anyone in-charge of local jails to effect the
COUNTRIES. immediate transfer of national prisoners to the Bureau
In our country, jail congestion, particularly in big cities of corrections.
and municipalities, has been a PERENNIAL PROBLEM ever
since. This problem, to borrow a parallelism, is a sleeping 5. Republic Act No. 9165- Comprehensive Dangerous Drug
giant. Unfortunately, for jail administrators and personnel, Act of 2002 (July 4, 2002) -1st time minor offender
the giant has taken up and is stretching its enormous arms (probation) for use 2 possession only./deport
and legs. OPLAN DECONGESTION must be put in place to lay
this giant back to sleep. 6. Republic Act No. 9344 – Juvenile & Justice welfare Act
OPLAN DECONGESTION was formalized through the of 2006 (May)
execution of a memorandum of agreement on February 12,
1993. Among the public attorney’s office, the parole and 7. Republic Act No. 6036, known as the release on
probation administration, the Board of Pardons and Parole recognizance law, provides for the release of offenders
which are all under the Department of Justice, and the charged with an offense whose penalty is not more than
Bureau of Jail Management and Penology which is under six (6) months and/or a fine of Two Thousand pesos
the Department of the Interior and local government. The (2,000) or both, to the custody of a responsible person
avowed PURPOSE of said agreement (MOA) was jail in the community, instead of a bail bond;
decongestion through collective and cooperative efforts.
Realizing that all helps available must be harnessed to
effectively combat overcrowding or congestion in jails, the
 22

8. Republic Act No. 6127, fully deducts the period of the It is a sanction in which offenders serve some or all
offenders’ preventive detention from the sentence their sentence in the community. It is sometimes referred
imposed by the courts; to as non-institutional corrections. The subfield of
corrections in which offenders are supervised and
9. Republic Act No. 4103, as amended, creating the Board provided services outside jail or prison.
of Pardons and Parole tasked to look into the physical,
mental and moral record of prisoners to determine who DISTINCTION BETWEEN INSTITUTIONAL AND NON-
shall be eligible for parole or conditional pardon. INSTITUTIONAL CORRECTION

10. Presidential Decree No. 968 July 24, 1976 is the Institutional Non-Institutional
Philippine Probation Law of 1976. Probation is, of That aspect of the That aspect of the
course, a very important legal instrument that correctional enterprise correctional enterprise
contributes to the decongestion of Philippine jails. that involves the that includes pardon,
incarceration and probation, and parole
F. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM rehabilitation of adults activities, correctional
The Philippine Correctional System has two and juveniles convicted administration not
approaches, and these are, the Community based and of offenses against the directly connectable to
institution-based systems. law, and the institutions, and
confinement of persons miscellaneous (activity)
1. The Institution-Based Approach-The rehabilitation of suspected of a crime not directly related to
offenders in jail or prison awaiting trial and institutional care.
The institution-based approaches has three levels adjudication.
and are manned by three different government
agencies responsible for the supervision and control of
the numerous institutional facilities nationwide which II. COMMUNITY-BASED
provide safekeeping and rehabilitation of inmates, CORRECTION PROGRAMS IN THE
namely:
1. The national prison’s and penal farms under the PHILIPPINES
Department of justice; The Community-Based Treatment Programs are those
2. The provincial and sub-provincial jails under the programs that are intended to treat criminal offenders
provincial government; and within the free community as alternatives to confinement. It
3. The City, Municipal and District Jails under the includes all correctional activities directly addressed to the
Department of Interior and Local Government. offender and aimed at helping him to become a law-abiding
The Bureau of corrections, headed by a non- citizen.
uniformed director, under the department of Justice, Community-based correction programs began in the
supervises and controls the national prisons and penal 1970s, 1980s, and 1990s. The programs offer an alternative
farms. to incarceration within the prison system. Many
criminologists believed a significant number of offenders did
2. Non-Institutional Correction or Community-Based not need incarceration in high security prison cells. Some
Approach- It refers to correctional activities that may inmates, who might otherwise have been ready to turn away
take place within the community or the method of from a life of crime, instead became like the hardened
correcting sentenced offenders without having to go to criminals they associated with in prison.
prison. In response, states, counties, and cities established local
Not all convicted offenders have to serve their correctional facilities and programs that became known as
sentence behind bars. Some of them are allowed to stay community-based corrections. These facilities, located in
in the community, subject to the conditions imposed by neighborhoods, allowed offenders normal family
the court. relationships and friendships as well as rehabilitation
They are either granted probation, parole, services such as counseling, instruction in basic living skills,
conditional pardon or recognizance. The parole and how to apply for jobs, and work training and placement.
probation Administration under the Department of
Justice is the government agency that supervises the
activities of the probationer, parolee and pardonee and
III. ADVANTAGES OF COMMUNITY-
monitors his compliance with conditions imposed. BASED CORRECTION
1. Family members need not be victims also for the
What is a Community correction? imprisonment of a member because the convict can
still continue to support his family.
 23

2. Rehabilitation will be more effective as the convict undergoing community based treatment programs
will not be exposed to hardened criminals in prisons than that of custodial control.
who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community
VI.SUBJECT COVERAGE
thus corrections can be made and be more 1. Probation - One of the most common forms of
effective. community correction is probation. Probation can
4. It is less costly on the part of the government. Cost be thought of as a type of post-trial diversion from
incarceration. A term coined by John Augustus,
of incarcerations will be eliminated which is
from the Latin verb “probare”- to prove, to test.
extremely beneficial on the part of the government.
It is a disposition under which a defendant after
conviction of an offense, the penalty of which does
IV.THE ROLE OF COMMUNITY not exceed 6 years of imprisonment, is released
subject to the conditions imposed by the releasing
CORRECTIONS IN THE court and under the supervision of a probation
CRIMINAL JUSTICE SYSTEM officer.
Community sentence seeks to repair the harm the Furthermore, it is define as a sentence in which
offender has caused the victim or the Community, the offender, rather than being incarcerated, is
provide for public safety and rehabilitate and promote retained in the community under the supervision of
effective reintegration. a probation agency and required to abide by certain
rules and conditions to avoid incarceration.
A community correction has traditionally emphasized
REHABILITATION as its goal. The staff of community 2. Diversion – For juvenile offender or CICL
correctional programs has two potentially competing
roles that reflect different goals: 3. Restitution - In recent years it has become
a. Seeing that offenders comply with the orders of increasingly common for jurisdictions to include
community sentences. restitution orders as part of probation.
b. Helping offenders identify and address their Money paid or services provided to victims,
problems and needs. their survivors, or to the community by a convicted
offender to make up for the injury inflicted.

V. BASIC PRINCIPLES UNDERLYING 4. Halfway houses - Community-based residential

THE PHILOSOPHY OF facilities that are less secure and restrictive than
prison or jail but provide a more controlled
COMMUNITY-BASED TREATMENT environment than other community correctional
programs.
PROGRAMS
The following are the basic principles underlying the Goal of Halfway House: The goal of halfway houses
philosophy of community-based treatment programs: is to provide offenders with a temporary period of
highly structured and supportive living so that they
1. Humanitarian Aspect - Imprisonment is not always will be better prepared to function independently in
advisable. Placing a person to custodial coercion is the community upon discharge.
to place him in physical jeopardy, thus drastically
narrowing his access to sources of personal What is home Confinement? It is a program that
satisfaction and reducing his self-esteem. requires offenders to remain in their homes except
for approved periods of absence; commonly used in
2. Restorative Aspect - There are measures expected combination with electronic monitoring. Home
to be achieved by the offender, such as an confinement is also known as home incarceration,
establishment of a position in the community in home detention, and house arrest.
which he does not violate the laws. These measures
may be directed at changing and controlling the OTHER ASPECTS OF CORRECTIONS
offender. The failure of the offender to achieve
these can result to recidivism. 1. Parole - It is the process of suspending the sentence
of a convict after having serve the minimum of his
3. Managerial Aspect - Managerial skills are special sentence without granting him pardon, and the
importance because of the sharp contrast between prescribing term upon which the sentence shall be
the per capital cost of custody and any kind of suspended.
community program. It is easier to manage those
 24

b. Amnesty - A general pardon extended to a group of

persons, such a political offenders purposely to
2. Executive Clemency bring about the return of dissidents to their home
It shall refer to Absolute Pardon, and to restore peace and order in the community.
Conditional Pardon with or without Parole
conditions and Commutation of Sentence as may be c. Commutation of Sentence - An act of the president
granted by the President of the Philippines upon the changing/ reducing a heavier sentence to a lighter
recommendation of the Board of Pardon and one or a longer term into a shorter term. It may alter
Parole. death sentence to life sentence or life sentence to a
term of years. It does not forgive the offender but
a. Pardon It is a form of executive clemency merely to reduce the penalty pronounce by the
granted by the President of the Philippines as a court.
privilege to a convict as a discretionary act of
grace. It is an act of grace is extended to d. Reprieve - A temporary stay of the execution of
prisoners as a matter of right, vested to the sentence especially the execution of the death
Chief Executive (The President) as a matter of sentence. Generally, Reprieve is extended to
power. Neither the legislative nor the judiciary prisoners sentenced to death.
branch of the government has the power to set
conditions or establish procedures for the The date of execution of sentenced is set back
exercise of this Presidential prerogative. The several days to enable the Chief to study the
following are the two types of pardon: petition of the condemned man for commutation of
sentenced or pardon.
1. Absolute Pardon-It 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.

Purpose:
a. To right a wrong
b. To normalize a tumultuous
political situation.

Absolute Pardon is also granted by a

President to an imprisoned president the
incumbent has deposed. Absolute Pardon
is granted in order to restore full political
and civil rights to convicted persons who
have already served their sentenced and
have reached the prescribed period for the
grant of Absolute Pardon.

2. Conditional Pardon-It 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.

It is also granted by the President of

the Philippines to release an inmate who
has been reformed but is not eligible to be
released on parole.
 25

CHAPTER IV
THE RULES AND LIMITATIONS IN THE
GRANT OF PROBATION
CHAPTER CONTENTS Probation may be granted whether the sentence imposes a
1. Nature of Granting Probation term of imprisonment or a fine only. An application for
2. Qualified and Disqualified Offenders for probation shall be filed with the trial court, with notice to the
Probation appellate court if an appeal has been taken from the sentence
3. Procedure in the Application of Probation of conviction. The filing of the application shall be deemed a
4. Resolution of the Petition for Probation waiver of the right to appeal, or the automatic withdrawal of
5. Period of Probation and its Implication a pending appeal. (As amended by PD 1990).
6. Conditions in the Grant of Probation
7. Violation of Probation conditions II. CRITERIA FOR PLACING AN OFFENDER ON PROBATION
8. Modification and Revocation (SECTION 8 OF PD NO. 968)
9. Termination and Closing of Probation Case
QUESTION
SPECIFIC OBJECTIVES Will probation be automatically granted to one whose
At the end of this chapter the students should be able sentence is six (6) years or less? No, the offender must fit
to: the criteria under Section 8 of PD 968.
1. explain the nature of granting probation;
2. identify those qualified and disqualified Under Section 8 of PD No. 968, in determining whether
offenders for probation; an offender may be placed on probation, the court shall
3. illustrate, understand and summarized the consider all information relative, to the character,
procedure in the application of probation as antecedents, environment, mental and physical condition
well as its resolution or grant; of the offender, and available institutional and community
4. explain how post sentence investigation is resources. Probation shall be denied if the court finds that:
conducted; 1. The offender is in need of correctional treatment
5. identify the right an duties of the probationer; that can be provided most effectively by his
6. explain the period of probation and its commitment to an institution; or
implication; 2. There is undue risk that during the period of
7. enumerate the mandatory and optional probation the offender will commit another crime;
conditions in the grant of probation; or
8. identify the consequences of violating the 3. Probation will depreciate the seriousness of the
conditions of probation; offense committed.
9. explain how probation case is terminated or
closed as well as the early discharge incentive; However, under Sec. 70 of Republic Act No. 9165, the
and Comprehensive Dangerous Drugs Act of 2002, the first-time
minor offender who upon promulgation of the sentence, the
court may, in its discretion, placed the accused under
probation, even if the sentence provided under Sec. 11 of the
A. NATURE OF GRANTING Act is higher than that provided under Probation Law.
PROBATION
SECTION 70 OF REPUBLIC ACT NO. 9165. Probation or
Community Service for a First-Time Minor Offender in Lieu of
I. GRANT OF PROBATION
Imprisonment. – Upon promulgation of the sentence, the
court may, in its discretion, place the accused under
Section 4 of PD 968 - Subject to the provisions of this Decree,
probation, even if the sentence provided under this Act is
the court may, after it shall have convicted and sentenced a
higher than that provided under existing law on probation,
defendant and upon application at any time of said defendant,
or impose community service in lieu of imprisonment. In case
suspend the execution of said sentence and place the
of probation, the supervision and rehabilitative surveillance
defendant on probation for such period and upon such terms
shall be undertaken by the Board through the DOH in
and conditions as it may deem best.
coordination with the Board of Pardons and Parole and the
 26

Probation Administration. Upon compliance with the the character, antecedents, environment, mental and
conditions of the probation, the Board shall submit a written physical condition of the offender and available institutional
report to the court recommending termination of probation and community resources. Probation shall be denied if the
and a final discharge of the probationer, whereupon the court finds that:
court shall issue such an order. a) ...
b) ...
TOLENTINO VS. JUDGE ALCONCEL c) probation will depreciate the seriousness of the
121 SCRA 92; G.R. No. L-63400; March 18, 1983 offense committed.
"The conclusion of respondent judge that "probation
Application for Probation can be denies on the ground will depreciate the seriousness of the offense committed" is
that it will depreciate the seriousness of the offense based principally on the admission by the petitioner himself,
committed. that he was actually caught in the act of selling marijuana
cigarettes. Petitioner did not deny or dispute the veracity of
FACTS: Petitioner was charged with violation of Section 4, the fact that he was caught in flagrante delicto of selling
Article II of Rep. Act No. 6425, otherwise known as the marijuana cigarettes. He merely attempted to justify his
Dangerous Drugs Act of 1972. Petitioner entered a plea of criminal act by explaining in his motion for reconsideration
not guilty. However after the prosecution had presented that "he did it only to make some money for the family
part of its evidence, petitioner desires to change his plea of during Christmas. Such admission renders a hearing on the
not guilty to that of guilty to a lesser offense of possession application for probation an unnecessary surplusage and an
of Indian Hemp [marijuana], under Section 8 of Article II of Idle ceremony.
Rep. Act No. 6425. Proliferation of prohibited drugs in the country has
As no objection was interposed by the fiscal, the court remained a serious threat to the well-being of the people. It
allowed petitioner to withdraw his former plea of guilty and has necessitated an all-out intensified campaign on the part
to enter a plea of guilty to a lesser offense. Petitioner was of the law-enforcers against users as well as pushers thereof.
thereupon sentenced to imprisonment of 6 months and 1day If only to emphasize the gravity of the drug menace, the
to 2 years and 4 months. Batasan Pambansa has seen fit to increase the penalty for
Petitioner applied for probation. Respondent judge violation of Section 8, Article II of Rep. Act 6425. Thus, while
forthwith directed the probation officer to conduct a POST under Rep. Act 6425, as amended by P.D. 44, possession or
SENTENCE INVESTIGATION. After conducting such use of marijuana was punishable by imprisonment of 6
investigation, the probation officer, recommends that months and 1 day to 2 years and 4 months and a fine ranging
petitioner be placed on two-year probation. from P600.00 to P6,000.00-the penalty imposed upon
But the respondent judge denies petitioner's petitioner herein-POSSESSION AND USE thereof is now
application on the ground that it will depreciate the punishable by imprisonment ranging from 6 years and 1 day
seriousness of the offense committed. to 12 years and fine ranging from P6,000.00 to P12,000.00
Hence, the instant recourse. under B.P. Blg. 179.
The observation of the Solicitor General on this increase
ISSUE: Whether the grant of probation will depreciate the of penalty is apropos: The implication is clear. The penalties
seriousness of the offense committed. were increased to take it out of the range of probation able
offenses. Thus, the State has spoken and considers that this
HELD: is one case where probation will depreciate the offense
Yes. Section 5 of P.D. 968 provides, to wit: committed, and will not serve the ends of justice and the
SEC. 5. Post Sentence Investigation. — No person shall be best interest of the community, particularly, the innocent
placed on probation except upon prior investigation by the and gullible young.
probation officer and a determination by the court that the
ends of justice and the best interest of the public as well as III. PROBATION IS NOT A MATTER OF RIGHT BUT A
that of the defendant will be served thereby. PRIVILEGE
It is evident from the foregoing that the potentiality of In the above case of TOLENTINO VS. JUDGE ALCONCEL,
the offender to reform is not the sole, much less the the Supreme Court held that, probation is a mere privilege and
primordial factor, that should be considered in the grant or its grant rests solely upon the discretion of the court. This
denial of an application for probation. Equal regard to the discretion is to be exercised primarily for the benefit of
demands of justice and public interest must be observed. organized society and only incidentally for the benefit of the
Thus, Section 8 of P.D. 968 lays down the criteria for the accused.
placing of an offender on probation, as follows: Probation cannot be demanded as a matter of right. It is
Sec. 8. Criteria for Placing an Offender on Probation.—In a privilege. Hence, only those persons who are qualified may
determining whether an offender may be placed on apply for probation. Its grant depends upon the discretion
probation, the court shall consider all information, relative to of the trial court. No person shall be placed on probation
 27

except upon prior investigation by the probation officer and allowed if the accused has perfected an appeal from the
a determination by the court that the ends of justice and the judgment of conviction.
best interest of public as well as that of the defendant will The reason for the disallowance of probation where an
be serve thereby. appeal has been made by the accused is stated in the
The grant of probation results in the release of the preamble of P.D. No. 1990, thus: "WHEREAS, it has been the
petitioner subject to the terms and conditions imposed by sad experience that persons who are convicted of offenses
the court and to the supervision of Probation Officer. and who may be entitled to probation still appeal the
However, under R.A. 9344 or Juvenile Justice and judgment of conviction even up to the Supreme Court, only
Welfare Act of 2006, a Child in Conflict with the Law (CICL) is to pursue their application for probation when their appeal
granted the right to probation as an alternative to is eventually dismissed".
imprisonment if qualified under the Probation Law. In view of this change, jurisprudence treated appeal and
probation as MUTUALLY EXCLUSIVE REMEDIES. Thus,
IV. BASIS OF GRANTING PROBATION where the penalty imposed by the trial court is not
In DELA CRUZ VS. CALLEJO; the basis of granting probationable, and the appellate court modifies the penalty
probation is the sentence imposed by the trial court. by reducing it to within the probationable limit, the same
Convicted for highway robbery sentence to 11 years, 4 prohibition should still apply and he is not entitled to avail of
months and 1 day 12 years penalty was reduced to 1 year, 8 probation.
months and 5 months and 1 day. He applied for probation on In Sable v. People, G.R. No. 177961, April 7, 2009, 584
the basis of the appellate court. Trial court denied. Supreme SCRA 619, 625. the Supreme Court stated that "[Section 4 of]
Court denial is proper to the provision of the law. the Probation Law was amended to put a stop to the
practice of appealing from judgments of conviction even if
V. PROBATION IS NOT A SENTENCE the sentence is probationable, for the purpose of securing
In Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984) it an acquittal and applying for the probation only if the
was held that an order placing defendant on "PROBATION" accused fails in his bid." Thus, probation should be availed of
IS NOT A "SENTENCE" but is rather in effect a suspension of at the first opportunity by convicts who are willing to be
the imposition of sentence. It is not a final judgment but is reformed and rehabilitated; who manifest spontaneity,
rather an "interlocutory judgment" in the nature of a contrition and remorse.
conditional order placing the convicted defendant under the The Supreme Court explained that the intention of the
supervision of the court for his reformation, to be followed new law is to make appeal and probation mutually exclusive
by a final judgment of discharge, if the conditions of the remedies. Jurisprudence at that time stated that the
probation are complied with, or by a final judgment of Probation Law requires that an accused must not have
sentence if the conditions are violated. appealed his conviction before he can avail himself of
Probation is not a suspension of sentence. A suspension probation. This requirement "outlaws the element of
of sentence postpones execution of sentence for a definite speculation on the part of the accused--to wager on the
time, while probation suspends sentence during good result of his appeal--that when his conviction is finally
behavior. affirmed on appeal, the moment of truth well-nigh at hand,
and the service of his sentence inevitable, he now applies for
VI. HOW MANY TIMES CAN ONE BE GRANTED probation as an `escape hatch' thus rendering nugatory the
PROBATION? appellate court's affirmance of his conviction."
An offender can be granted probation ONLY ONCE IN HIS However, in the fairly recent case of Colinares vs.
LIFETIME. People, G.R. No. 182748, December 13, 2011, the Supreme
Court took another look at the probation law, and allowed
VII. GRANTING OR DENYING PROBATION NOT BE the grant of probation to an accused who has appealed his
APPEALABLE conviction. In this case, the accused was originally sentenced
Under PD No. 1990, an order granting or denying by the Regional Trial Court to imprisonment exceeding 6
probation shall not be appealable. years and one day, which disqualified from applying for
probation. Upon his appeal of the case to the Court of
VIII. PROBATION AND APPEAL IS MUTUALLY EXCLUSIVE Appeals, the appellate court lowered the penalty to less than
REMEDIES 6 years and one day. The Supreme Court reasoned that since
Later, the amendment of Section 4 of P.D. No. 968 by the trial court imposed a (wrong) penalty beyond the
P.D. No. 1990 imposed a condition upon the grant of probationable range, thus depriving the accused of the
probation, thus: "Provided, that no application for option to apply for probation when he appealed, the
probation shall be entertained or granted if the defendant element of speculation that the law sought to curb was not
has perfected an appeal from the judgment of present.
conviction." The application for probation was no longer In a real sense, the Court's finding on appeal that the
accused was guilty, not of a non-probationable penalty, but
 28

only of a penalty which may be subject of probation, is an It is quite clear from the afore-quoted provision that
original conviction that for the first time imposes on him a an application for probation must be made within the period
probationable penalty. Had the RTC done him right from the for perfecting an appeal, and the filing of the application
start, it would have found him guilty of the correct offense after the time of appeal has lapsed is injurious to the
and imposed on him the right penalty of less than 6 years recourse of the applicant. In the present petition before us,
and one day. This would have afforded the accused the right petitioner filed the application for probation on 25August
to apply for probation. 2003, almost eight months from the time the assailed
The Supreme Court said that the question is ultimately judgment of the RTC became final. Clearly, the application
one of fairness. It is not fair to deny the accused the right to for probation was filed out of time pursuant to Rule 122, Sec.
apply for probation when the new penalty that the Court 6 of the Rules of Court, which states that an "appeal must be
imposes on him after he appealed his original conviction is, taken within fifteen (15) days from promulgation of the
unlike the one erroneously imposed by the trial court, judgment or from notice of the final order appealed from."In
subject to probation. Palo v. Militante, this Court held that what the law requires
is that the application for probation must be filed within the
LOURDES A. SABLE vs. PEOPLE OF THE PHILIPPINES period for perfecting an appeal.
G.R. No. 17796: April 7, 2009 The need to file it within such period is intended to
encourage offenders, who are willing to be reformed and
FACTS: Petitioner convicted of the crime of Falsification of rehabilitated, to avail themselves of probation at the first
Public Documents under Article 172(1) in relation to Article opportunity. Furthermore, the application for probation
171 of the Revised Penal Code on November 28, 2000 but must necessarily fail, because before the application was
acquitted Ildefonsa Anoba for finding not guilty. However, instituted, petitioner already filed a Notice of Appeal before
the court finds that Lourdes Abellanosa Sable was guilty the RTC on 17 June2003. The Probation Law is patently clear
beyond reasonable doubt of the crime charged and hereby that "no application for probation shall be entertained or
sentences her to suffer an indeterminate penalty of 4 years, granted if the defendant has perfected the appeal from the
2 months and one day to 6 years. On August, 25, 2003 judgment of conviction."The law expressly requires that an
petitioner intimated her desire to apply for probation accused must not have appealed his conviction before he
instead of appealing the judgment of conviction which was can avail himself of probation. This outlaws the element of
denied. speculation on the part of the accused -- to wager on the
result of his appeal -- that when his conviction is finally
ISSUE: Whether or not the denial of application for affirmed on appeal, the moment of truth well nigh at hand
probation is tenable. and the service of his sentence inevitable, he now applies for
probation as an "escape hatch," thus rendering nugatory the
HELD: The court held that probation is a special privilege appellate court’s affirmation of his conviction.
granted by the state to a penitent qualified offender. It Consequently, probation should be availed of at the first
essentially rejects appeals and encourages an otherwise opportunity by convicts who are willing to be reformed and
eligible convict to immediately admit his liability and save the rehabilitated; who manifest spontaneity, contrition and
state the time, effort and expenses to jettison an appeal. remorse.
The pertinent provision of the Probation Law, as amended, This was the reason why the Probation Law was
reads: amended, precisely to put a stop to the practice of appealing
Sec. 4. Grant of Probation.—Subject to the from judgments of conviction even if the sentence is
provisions of this Decree, the trial court may, after it probationable, for the purpose of securing an acquittal and
shall have convicted and sentenced a defendant and applying for the probation only if the accused fails in his bid.
upon application by said defendant within the period
for perfecting an appeal, suspend the execution of COLINARES VS. PEOPLE
the sentence and place the defendant on probation G.R. No. 182748, December 13, 2011
for such period and upon such terms and conditions
as it may deem best; FACTS:
Provided, That no application for probation Accused-appellant Arnel Colinares (Arnel) was charged
shall be entertained or granted if the defendant has with frustrated homicide for hitting the head of the private
perfected the appeal from the judgment of complainant with a piece of stone. He alleged self-defense
conviction. Probation may be granted whether the but the trial court found him guilty of the crime charged and
sentence imposes a term of imprisonment or a fine sentenced him to suffer imprisonment from 2 years and 4
only. An application for probation shall be filed with months of prision correccional, as minimum, to 6 years and 1
the trial court. The filing of the application shall be day of prision mayor, as maximum. Since the maximum
deemed a waiver of the right to appeal.(Emphasis probationable imprisonment under the law was only up to 6
supplied.) years, Arnel did not qualify for probation.
 29

Arnel appealed to the Court of Appeals (CA), invoking Here, Arnel did not appeal from a judgment that would
self-defense and, alternatively, seeking conviction for the have allowed him to apply for probation. He did not have a
lesser crime of attempted homicide with the consequent choice between appeal and probation. He was not in a
reduction of the penalty imposed on him. His conviction was position to say, “By taking this appeal, I choose not to apply
affirmed by the CA. Hence, this appeal to the Supreme Court. for probation.” The stiff penalty that the trial court imposed
on him denied him that choice. Thus, a ruling that would
ISSUE: allow Arnel to now seek probation under this Court’s greatly
Given a finding that Arnel is entitled to conviction for a diminished penalty will not dilute the sound ruling
lower [lesser] offense [of attempted homicide] and a in Francisco. It remains that those who will appeal from
reduced probationable penalty, may he may still apply for judgments of conviction, when they have the option to try for
probation on remand of the case to the trial court? probation, forfeit their right to apply for that privilege.
In a real sense, the Court’s finding that Arnel was guilty,
RULING: not of frustrated homicide, but only of attempted homicide,
[The Supreme Court voted to PARTIALLY GRANT the is an original conviction that for the first time imposes on him
appeal, MODIFIED the CA decision and found Arnel GUILTY of a probationable penalty. Had the RTC done him right from
ATTEMPTED (not frustrated) HOMICIDE and SENTENCED him to the start, it would have found him guilty of the correct
and indeterminate but PROBATIONABLE penalty of 4 months offense and imposed on him the right penalty of two years
of arresto mayor as minimum and 2 years and 4 months of and four months maximum. This would have afforded Arnel
prision correccional as maximum. The Court also voted 8-7 to the right to apply for probation.
allow Arnel to APPLY FOR PROBATION within 15 days from
notice that the record of the case has been remanded for DISSENTING AND CONCURRING OPINION OF JUSTICE
execution to trial court.] PERALTA,
YES, Arnel may still apply for probation on remand of the In view of the provision in Section 4 of the Probation
case to the trial court. Law that “no application for probation shall be entertained or
Ordinarily, Arnel would no longer be entitled to apply for granted if the defendant has perfected an appeal from the
probation, he having appealed from the judgment of the judgment of conviction,” prevailing jurisprudence treats
RTC convicting him for frustrated homicide. But, the Court appeal and probation as mutually exclusive remedies because
finds Arnel guilty only of the lesser crime of attempted the law is unmistakable about it.
homicide and holds that the maximum of the penalty However, it has been proposed that an appeal should
imposed on him should be lowered to imprisonment of four not bar the accused from applying for probation if the
months of arresto mayor, as minimum, to two years and four appeal is solely to reduce the penalty to within the
months of prision correccional, as maximum. With this new probationable limit, as this is equitable. In this regard, an
penalty, it would be but fair to allow him the right to apply for accused may be allowed to apply for probation even if he has
probation upon remand of the case to the RTC. filed a notice of appeal, provided that his appeal is limited to
While it is true that probation is a mere privilege, the the following grounds:
point is not that Arnel has the right to such privilege; he a. When the appeal is merely intended for
certainly does not have. What he has is the right to apply for the correction of the penalty imposed by the lower
that privilege. The Court finds that his maximum jail term court, which when corrected would entitle the
should only be 2 years and 4 months. If the Court allows him accused to apply for probation; and
to apply for probation because of the lowered penalty, it is b. When the appeal is merely intended to review the
still up to the trial judge to decide whether or not to grant crime for which the accused was convicted and that
him the privilege of probation, taking into account the full the accused should only be liable to the lesser
circumstances of his case. offense which is necessarily included in the crime
If the Court chooses to go by the dissenting opinion’s for which he was originally convicted and the
hard position, it will apply the probation law on Arnel based proper penalty imposable is within the
on the trial court’s annulled judgment against him. He will probationable period.
not be entitled to probation because of the severe penalty
that such judgment imposed on him. More, the Supreme In boths instances, the penalty imposed by the trial
Court’s judgment of conviction for a lesser offense and a court for the crime committed by the accused is more than
lighter penalty will also have to bend over to the trial court’s six years; hence, the sentence disqualifies the accused from
judgment—even if this has been found in error. And, worse, applying for probation. Thus, the accused should be allowed
Arnel will now also be made to pay for the trial court’s to file an appeal under the aforestated grounds to seek a
erroneous judgment with the forfeiture of his right to apply review of the crime and/or penalty imposed by the trial
for probation. Ang kabayo ang nagkasala, ang hagupit ay sa court. If, on appeal, the appellate court finds it proper to
kalabaw (the horse errs, the carabao gets the whip). Where modify the crime and/or the penalty imposed, and the
is justice there?
 30

penalty finally imposed is within the probationable period, assumption that the accused’s submission to rehabilitation
then the accused should be allowed to apply for probation. and reform is indicative of remorse. And in prohibiting the
In addition, before an appeal is filed based on the grounds trial court from entertaining an application for probation if the
enumerated above, the accused should first file a motion for accused has perfected his appeal, the State ensures that the
reconsideration of the decision of the trial court anchored on accused takes seriously the privilege or clemency extended to
the above-stated grounds and manifest his intent to apply for him, that at the very least he disavows criminal tendencies.
probation if the motion is granted. The motion for Consequently, this Court’s grant of relief to herein
reconsideration will give the trial court an opportunity to accused whose sentence was reduced by this Court to within
review and rectify any errors in its judgment, while the the probationable limit, with a declaration that accused may
manifestation of the accused will immediately show that he is now apply for probation, would diminish the seriousness of
agreeable to the judgment of conviction and does not intend that privilege because in questioning his conviction accused
to appeal from it, but he only seeks a review of the crime never admitted his guilt. It is of no moment that the trial
and/or penalty imposed, so that in the event that the penalty court’s conviction of petitioner for frustrated homicide is now
will be modified within the probationable limit, he will apply corrected by this Court to only attempted homicide.
for probation. Petitioner’s physical assault on the victim with intent to
It is believed that the recommended grounds for appeal kill is unlawful or criminal regardless of whether the stage of
do not contravene Section 4 of the Probation Law, which commission was frustrated or attempted only. Allowing the
expressly prohibits only an appeal from the judgment of petitioner the right to apply for probation under the reduced
conviction. In such instances, the ultimate reason of the penalty glosses over the fact that accused’s availment of
accused for filing the appeal based on the aforestated grounds appeal with such expectation amounts to the same thing:
is to determine whether he may avail of probation based on speculation and opportunism on the part of the accused in
the review by the appellate court of the crime and/or penalty violation of the rule that appeal and probation are mutually
imposed by the trial court. Allowing the aforestated grounds exclusive remedies.
for appeal would give a qualified convicted offender the
opportunity to apply for probation if his ground for appeal is WILLY TAN y CHUA vs. PEOPLE OF THE PHILIPPINES
found to be meritorious by the appellate court, thus, serving G.R. No. 148194: April 12, 2002
the purpose of the Probation Law to promote the
reformation of a penitent offender outside of prison. FACTS: Willy Tan was found guilty of bigamy, and then he
On the other hand, probation should not be granted to applied for probation which was granted by the trial court
the accused in the following instances: but the release was withheld in view of the filing by the
a. When the accused is convicted by the trial court of prosecution a motion for modification of penalty. He later
a crime where the penalty imposed is within the filed a notice of appeal.
probationable period or a fine, and the accused files
a notice of appeal; and ISSUE: Whether or not he is entitled to an appeal after he has
b. When the accused files a notice of appeal applied for probation.
which puts the merits of his conviction in issue, even
if there is an alternative prayer for the correction of HELD: In fine, petitioner had taken an appropriate legal step
the penalty imposed by the trial court or for a in filing a notice of appeal with the trial court. Ordinarily, the
conviction to a lesser crime, which is necessarily Court should have the case remanded to the Court
included in the crime in which he was convicted of Appeals for further proceedings. The clear impingement
where the penalty is within the probationable upon petitioner’s basic right against double jeopardy,
period. however, should here warrant the exercise of the
There is wisdom to the majority opinion, but the prerogative by this Court to relax the stringent application
problem is that the law expressly prohibits the filing of an of the rules on the matter. When the trial court increased the
application for probation beyond the period for filing an penalty on petitioner for his crime of bigamy after it had
appeal. When the meaning is clearly discernible from the already pronounced judgment and on which basis he then,
language of the statute, there is no room for construction or in fact, applied for probation, the previous verdict could only
interpretation. Thus, the remedy is the amendment of be deemed to have lapsed into finality. Section 7, Rule 120,
Section 4 of P.D. No. 968, and not adaptation through of the Rules on Criminal Procedure that states
judicial interpretation.
Sec. 7. Modification of judgment. A
CONCURRING AND DISSENTING OPINION judgment of conviction may, upon motion of the
VILLARAMA, JR., J.: accused, be modified or set aside before it becomes
It must be stressed that in foreclosing the right to appeal final or before appeal is perfected. Except where the
his conviction once the accused files an application for death penalty is imposed, a judgment becomes final
probation, the State proceeds from the reasonable after the lapse of the period for perfecting an appeal,
 31

or when the sentence has been partially or totally of Appeals denied due course to the petition. Hence, this
satisfied or served, or when the accused has waived appeal.
in writing his right to appeal, or has applied for
probation-implements a substantive provision of the ISSUE:
Probation Law which enunciates that the mere filing Whether or not the petitioner is qualify to apply for
of an application for probation forecloses the right to probation under Presidential Decree No. 968 since he had
appeal. appealed from his conviction in 1988, after Presidential
Sec. 4.Grant of Probation. Subject to the Decree No. 1990 amending Presidential Decree No. 968,
provisions of this Decree, the trial court may, after its became effective in 1986, providing that "no application for
hall have convicted and sentenced a defendant, and probation shall be entertained or granted if the defendant
upon application by said defendant within the period has perfected the appeal from the judgment of conviction.
for perfecting an appeal, suspend the execution of
the sentence and place the defendant on probation HELD:
for such period and upon such terms and conditions Presidential Decree No. 1990, enacted on October 5,
as it may deem best: 1985, "was printed in Volume 81 of the Official Gazette dated
Provided, That no application for probation December 30, 1985 but said issue was released for
shall be entertained or granted if the defendant has circulation only on July 1, 1986; hence, P D 1990 became
perfected the appeal from the judgment or effective after fifteen (15) days from July 1, 1986, in
conviction. Probation may be granted whether the accordance with Article 2 of the Civil Code, or on July 16,
sentence imposes a term of imprisonment or a fine 1986."It is not ex post facto in its application. The law applies
only. An application for probation shall be filed with only to accused convicted after its effectivity. An ex
the trial court. The filing of the application shall be post facto law is one that punishes an act as a crime which
deemed a waiver of the right to appeal. was innocent at the time of its commission. Presidential
An order granting or denying probation shall not be Decree No. 1990, like the Probation Law that it amends, is
appealable. Such a waiver amounts to a voluntary not penal in character. It may not be considered as an ex
compliance with the decision and writes finis to the post facto law.
jurisdiction of the trial court over the judgment. There is no At the time of the commission of the offense
principle better settled, or of more universal application, charged — violation of Batas Pambansa Bilang 22— in 1981,
than that no court can reverse or annul, reconsider or petitioner could have appealed if convicted and still availed
amend, its own final decree or judgment. Any attempt by the himself of probation. However, petitioner was convicted on
court to thereafter alter, amend or modify the same, except May 26, 1988, and he appealed. At that time, petitioner no
in respect to correct clerical errors, would be unwarranted. longer had the option to appeal and still apply for probation
if unsuccessful in the appeal. Presidential Decree No. 1990
DANIEL G. FAJARDO vs. COURT OF APPEALS was then in full effect. Hence, he could no longer apply for
G.R. No. 128508: February 1, 1999 probation since he had appealed. On October 13, 1997, the
Solicitor General submitted a manifestation positing the
FACTS: view that petitioner's application for probation may still be
On May 26, 1988, the Regional Trial Court, Branch considered because when petitioner committed the offense
33, Iloilo City, convicted petitioner of violation of Batas in 1981, he could avail himself of probation since the law as it
Pambansa Bilang 22, and sentenced him to suffer the penalty stood at that time provided that an accused convicted of a
of eight (8) months imprisonment and to pay the costs, in crime may apply for probation even if he had appealed the
Criminal Case No. 14196. He appealed to the Court of conviction. We do not share his view. The case he cited is a
Appeals. By decision promulgated on February 27, 1990, the Court of Appeals decision, and, hence, not a precedent.
Court of Appeals affirmed the conviction. Upon the remand What is more, it is inapplicable because there, the accused's
of the record to the lower court, on June 2, 1995, petitioner conviction became final on October 14, 1985. Presidential
filed a motion for probation contending that he was eligible Decree No. 1990 although enacted on October 5, 1985, was
for probation because at the time he committed the offense published in the Official Gazette on December 30,
in 1981, an accused who had appealed his conviction was still 1985,and,hence, was not yet applicable at the time the
qualified to apply for probation and that the law that barred accused was finally convicted. Regrettably, the Solicitor
an application for probation of an accused who had General has cited a Court of Appeals decision that is
interposed an appeal was ex post facto in its application, inapplicable to this case because the facts were not similar.
and, hence, not applicable to him. On January 5, 1996, the We find it unnecessary to resolve the other issues that
trial court denied petitioner's motion for probation. On July petitioner has raised questioning the constitutionality and
29, 1996, petitioner filed with the Court of Appeals a petition wisdom of Presidential Decree No. 1990, amending the
for certiorari to annul the lower court's denial of his probation law.
application for probation. On November 12, 1996, the Court
 32

PATERNO DE LOS SANTOS, JR. vs. COURT OF APPEALS reformed and rehabilitated; who manifest spontaneity,
G.R. No. 181306: March 21, 2011 contrition and remorse.
Considering that the prevailing jurisprudence treats
FACTS: Paterno de los Santos, Jr. was found guilty of the appeal and probation as mutually exclusive remedies, and
crime of intentional abortion,and then he filed an application petitioner opted to appeal his conviction, he, therefore,
for probation. It was ruled that he is ineligible to apply for deemed to relinquish his right to the benefits of probation.
probation, considering the fact that he has waived his right
to avail the benefits of probation law when he appealed the
judgment of conviction by the trial court.
B. QUALIFIED AND DISQUALIFIED
ISSUE: Whether petitioner is entitled to the benefits of OFFENDERS FOR PROBATION
probation, considering that he had appealed his conviction,
contrary to the provision of Section 4, P.D. 968, as amended I. WHO ARE QUALIFIED TO PROBATION?
by P.D. 1990. Any first time convicted offender, 18 years of age and
above not otherwise disqualified under PD 968 as amended
HELD: Probation is a special privilege granted by the State to can apply for probation before serving the sentence which
a penitent qualified offender. It essentially rejects appeals may either be imprisonment of fine with subsidiary
and encourages an otherwise eligible convict to immediately imprisonment, or both imprisonment and fine.
admit his liability and save the State the time, effort and The age of offender qualified for probation is 18 years
expenses to jettison an appeal. The pertinent provision of and above. PD 1179 which amended PD 603 lowered the age
the Probation Law, as amended, reads: of youthful offenders under 18 years old.
Sec. 4. Grant of Probation. Subject to the provisions of AS GENERAL RULE probation applies to all sentenced or
this Decree, the trial court may, after it shall have convicted convicted offenders - All first-time offenders convicted of
and sentenced a defendant and upon application by said crimes punished by imprisonment of not more than 6 years
defendant within the period for perfecting an appeal, suspend (maximum of 6 years). Except the following:
the execution of the sentence and place the defendant on 1. Those entitled to the benefits of PD 603 as amended
probation for such period and upon such terms and conditions otherwise known as the Child and Youth Welfare
as it may deem best; Provided, That no application for Code. Hence, an offender who is under 18 years of
probation shall be entertained or granted if the defendant has age must be dealt with in accordance with the more
perfected the appeal from the judgment of conviction. liberal and beneficent provisions of PD 603.
It is undisputed that petitioner appealed from the Incidentally, Art 192 PD 603 as amended gives
decision of the trial court. This fact alone merits the denial of the youthful offender a choice as to whether he will
petitioner's Application for Probation. Having appealed be dealt with as a youthful offender under PD603 or
from the judgment of the trial court and having applied for as Adult offender under PD 968 as amended. If he
probation only after the Court of Appeals had affirmed his does not apply under PD603 as amended, he
conviction, petitioner was clearly precluded from the treated as an adult offender. In such a case, two
benefits of probation. options are open to him, namely:
Furthermore, it was clear that when petitioner filed his a. To simply serve his sentence
appeal before the appellate court, what he was questioning b. To apply of probation under PD 968 as
was the merit of the decision convicting him and not the amended
propriety of the penalty imposed by the trial court for the 2. Those that are found Guilty in violation of R.A 6425,
purpose of correcting a wrong penalty — to reduce it to otherwise known as the Dangerous Drug Act of 1972
within probational range. By perfecting his appeal, as amended by Republic Act No. 9165. Hence, its
petitioner, therefore, ipso facto relinquished the alternative beneficiaries, drug dependents, must be subjected
remedy of availing of the Probation Law. to the confinement, treatment and rehabilitation
The law expressly requires that an accused must not measures provided therein. Even those who are
have appealed his conviction before he can avail himself of below twenty one years of age who are found guilty
probation. This outlaws the element of speculation on the part of possessing or using prohibited or regulated
of the accused — to wager on the result of his appeal — that drugs must be treated under the provisions of R.A
when his conviction is finally affirmed on appeal, the moment 6425.
of truth well nigh at hand and the service of his sentence 3. Those offenders who has not been convicted and
inevitable, he now applies for probation as an "escape hatch," sentenced.
thus, rendering nugatory the appellate court's affirmance of 4. Those that are found guilty in violation of BP 881 as
his conviction. Consequently, probation should be availed of at amended by BP 882,883 and 884 otherwise known
the first opportunity by convicts who are willing to be as the Omnibus Election Code of the Philippines.
 33

5. Those who are found guilty in violation of PD 1987 without justifiable cause, he shall lose the remedies available
(an act creating the Video gram Regulatory) in these Rules against the judgment and the court shall order
6. Those that are found guilty in violation of RA 6727 his arrest. Within fifteen (15) days from promulgation of
otherwise known as the Wage Rationalization Act. judgment, however, the accused may surrender and file a
motion for leave of court to avail of these remedies. He shall
QUESTION state the reasons for his absence at the scheduled
Are all convicted persons who are not disqualified entitled promulgation and if he proves that his absence was for a
to probation automatically? justifiable cause, he shall be allowed to avail of said remedies
No. Under PD 968; the court will not grant probation within fifteen (15) days from notice. (Emphasissupplied.)
if after investigation conducted by the probation officer, Petitioner was charged with and found guilty of perjury.
it finds that: He was sentenced to suffer imprisonment of 4 months and 1
1. The offender can be treated better in an day to 1 year, a period which is considered as a correctional
institution or other places for correction; penalty. Under Article 9 of the Revised Penal Code, light
2. The offender is a risk to the community; felonies are those infractions of law for the commission of
3. Probation will depreciate the gravity of the which the penalty of arresto menor (one to thirty days of
offense. imprisonment) or a fine not exceeding two hundred pesos
(P200), or both are imposable. Thus, perjury is not a light
felony or offense contemplated by Rule 120, Sec. 6. It was
ANSELMO DE LEON CUYO vs. PEOPLE OF THE PHILIPPINES therefore mandatory for petitioner to be present at the
G.R. No. 192164: October 12, 2011 promulgation of the judgment.
To recall, despite notice, petitioner was absent when
FACTS: On August , 25, 2009, Branch 1 of the Municipal Trial the MTCC promulgated its judgment on 25 August 2009.
Court in Cities (MTCC) in San Fernando City, La Union, found Pursuant to Rule 120, Sec. 6, it is only when the accused is
petitioner guilty beyond reasonable doubt of the offense of convicted of a light offense that a promulgation may be
perjury under Article 183 of the Revised Penal Code and pronounced in the presence of his counsel or representative.
sentenced him to imprisonment of four (4) months and one In case the accused failed to appear on the scheduled date
(1) day to one (1) year. He was likewise ordered to pay private of promulgation despite notice, and the failure to appear
complainant Alejo Cuyo the amount of P10, 000 for was without justifiable cause, the accused shall lose all the
attorney’s fees and litigation expenses. remedies available in the Rules against the judgment.

Petitioner was not present during the promulgation of

the judgment and was represented by his counsel instead. II. DISQUALIFIED OFFENDERS FOR PROBATION (Section
His motion for reconsideration was denied on October 23, 9, PD 968)
2009. He subsequently filed a Motion for Probation on Under Section 9 of PD 968, the benefits of probation
November, 5, 2009 but is denied on the ground that it had shall not be extended to:
been filed beyond the reglementary period of fifteen days as 1. Those sentenced to serve a MAXIMUM TERM of
provided in Sec. 4 of P.D. 968. imprisonment of MORE THAN SIX (6) YEARS;
Note: the six years’ maximum refers to the sentence
ISSUE: Whether or not the petitioner is entitled to the actually imposed, and not that prescribed by law for
benefits of probation. the offense committed.
2. Those convicted of subversion or any crime against
HELD: This court held that the RTC that the Motion for the national security or public order;
Probation was filed out of time. Sec. 6 of Rule 120 of the
Rules of Court provides: Promulgation of judgment - The CRIMES AGAINST CRIMES AGAINST PUBLIC
judgment is promulgated by reading it in the presence of the NATIONAL SECURITY ORDER
accused and any judge of the Court in which it was rendered.
However, if the conviction is for alight offense, the judgment
may be pronounced in the presence of his counsel or
representative. When the judge is absent or outside the
province or city, the judgment may be promulgated by the
clerk of court. In case the accused fails to appear at the
scheduled date of promulgation of judgment despite notice,
the promulgation shall be made by recording the judgment in
the criminal docket and serving him a copy thereof at his last
known address or thru his counsel. If the judgment is for
conviction and the failure of the accused to appear was
 34

1. Treason 1. Rebellion or FACTS: Alejandra Pablo was convicted of a violation of Batas

2. conspiracy and insurrection Pambansa Bilang 22. She applied for probation and was later
proposal to commit 2. Conspiracy and denied.
treason proposal to commit
3. misprision of treason rebellion ISSUE: Whether or not the he should be denied probation on
4. espionage 3. Sedition the ground of disqualification from probation under Section
5. inciting to war or giving 4. Conspiracy to commit 9 of P.D. 968.
motives for reprisals sedition
6. violation of neutrality 5. Inciting to sedition HELD: The Court ruled that under Section 9 of the Probation
7. correspondence with 6. Acts tending to Law, P.D. 968, the following offenders cannot avail of the
hostile country prevent the meeting benefits of probation:
8. flight to enemy’s of assembly and a) Those sentenced to serve a maximum term of
country similar bodies imprisonment of more than six years;
9. piracy 7. Disturbance of b) Those convicted of subversion or any crime against
10. qualified piracy proceedings the national security or the public order;
8. Direct assault c) Those who have previously been convicted by final
9. Indirect assault judgment of an offense punished by imprisonment of
10. Coup d’etat not less than one monthand one dayand/or fine of not less than
two hundred pesos;
3. Those who have previously been convicted by final d) Those who have been once on probation under the
judgment of an offense punished by imprisonment provisions of this decree; and
of not less than one month and one day and/or a e) Those who are already serving sentence at the time
fine of not less than Two Hundred Pesos; the substantive provisions of this decree became
applicable pursuant to section 33 hereof.
PREVIOUS FINE:
CONVICTION The National Probation Office denied petitioners
 if one month -  less than two hundred application for probation under Section 9 paragraph (c) P.D.
qualified for pesos - qualified for 968 because a prior conviction was entered against the
probation probation petitioner on June 21, 1995 in Criminal Case No. 94-0199,
 if one month and one  two hundred pesos or penalizing her with a fine of P4,648.00; there by placing her
day or more - more - disqualified for within the ambit of disqualification from probation under
disqualified for probation Section 9 paragraph (c) of P.D. 968.It is a basic rule of
probation statutory construction that if a statute is clear, plain and free
from ambiguity,
4. Those who have been ONCE on probation under the it must be given its literal meaning and applied without
provisions of PD No. 968, as amended; any interpretation. Not only that; in the matter of
Accordingly, one who has been on probation interpretation of laws on probation, the Court has
only under the child and Youth Welfare Code as pronounced that "the policy of liberality of probation
amended and the Dangerous Drugs Code of 1972 as statutes cannot prevail against the categorical provisions of
amended will not be disqualified. The reason form the law."Section 9 paragraph (c) is in clear and plain
this is that the treatment given under those latter language, to the effect that a person who was previously
laws is of a different kind from that under PD 968 as convicted by final judgment of an offense punishable by
amended. imprisonment of not less than one month and one day
5. Those who are already serving sentence at the time and/or a fine of not less than two hundred pesos, is
substantive provisions of the decree became disqualified from applying for probation. This provision of
applicable pursuant to section 33 of PD 968. (As law is definitive and unqualified. There is nothing in Section
amended by BP Blg. 76, and PD 1990, October 5, 9, paragraph (c) which qualifies "previous conviction" as
1985) referring to a conviction for a crime which is entirely
different from that for which the offender is applying for
Technically speaking probation cannot cover the probation or a crime which arose out of a single act or
following, non-offenders; offenders not yet convicted and transaction as petitioner would have the court to
convicted offenders but with a sentenced exceed 6 years. understand. It is well-settled that the probation law is not a
penal statute; and therefore, the principle of liberal
ALEJANDRA PABLO vs.HON. SILVERIO Q. CASTILLO interpretation is inapplicable. And when the meaning is
G.R. No. 12510: August 3, 2000 clearly discernible from the language of the statute, there is
no room for construction or interpretation.
 35

II. PROCEDURE UNDER PD NO. 968 – Probation and

Parole Flow Chart – See Appendix
C. REQUIREMENTS AND PROCEDURE The following are the procedure in the application for
IN THE APPLICATION OF probation:

PROBATION 1. The defendant must file a petition before the trial court
which exercise jurisdiction over his case; an application
QUESTION for probation after he has been sentenced but before he
Is there a need to apply for probation to avail of its begins to serve the sentence. There are two forms of
benefits? petition: WRITTEN and ORAL.
Yes, it will not be granted except upon the application by NOTA BENE: But for purposes of recording, application
the accused. The necessity for such application is indicated made orally should be reduced into writing.
in Sec. 4, PD 968, which states that “the trial court may,
after it shall have convicted and sentenced a defendant 2. If the defendant has been convicted and has appealed
and upon application by said defendant within the period the sentence of conviction, an application for probation
of perfecting an appeal. cannot be entertained. As a general rule, No application
for probation shall be entertained or granted if the
NOTA BENE: Under Presidential Decree No. 1990, no defendant has perfected an appeal from the judgment or
application for probation shall be entertained of granted if conviction.
the defendant has perfected an appeal from judgment of NOTA BENE: Filing an application shall be deemed a
conviction. The filing of the application shall be deemed a waiver of the right to appeal.
waiver of a right to appeal.
QUESTION
QUESTIONS What then is the duty of the court after Receipt of the
Is there a form prescribed for the application for application? The trial court may notify the concerned
probation? prosecuting officer of the application at a reasonable time
Yes, it shall be in the form approved be the Secretary of before the scheduled hearing thereof.
justice as recommended by the Administrator or as may be
prescribed by the SC 3. Notice to the prosecuting officer: The prosecuting
What is the effect of filing an application for probation? officer concerned shall be notified by the court of the
The court may, upon receipt of the application suspend filing of such application. The prosecuting officer must
the execution of sentence imposed in judgment. submit his comment on such application within 10 days
from receipt of the notification
I. WHERE AND WHEN TO FILE THE PETITION FOR
PROBATION? 4. Referral to probation office: If the court finds that the
The application for probation shall be filed by sentenced petition is in due form and that the petitioner appears
or convicted offender whose sentence is not more than 6 not to be disqualified for the grant of probation. The
years imprisonment. It shall be filed with the court that tried probation should be entertained by the court by
and sentenced the offender. ordering the probation officer to conduct an
investigation (PSI) of the offender provided he is not
WHERE: A petition for probation shall be filed by the disqualified under the decree.
applicant for probation or the petitioner with the courts While it is discretionary with the court to grant or
that tried and sentenced the offender at any time before the deny an applicant for probation, the Probation Law
imprisonment starts. requires that an investigation be first conducted by the
probation officer who shall submit his report within 60
WHEN: Anytime before the offender starts serving his days from receipt of the court’s order. However, the
sentence but within period for perfecting an appeal or court may in its discretion extend the 60 days period.
fifteen (15) days from the promulgation or notice of the Only thereafter shall the court resolve the application,
judgment of conviction. an outright denial by the court is a nullity correctable by
certiorari. (De Luna vs. Hon. Medina, CA 78 D.G. 599; Del
However, under Section 42 of R.A. 9344, the Juvenile Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983)
Justice and Welfare Act of 2006, the court may, after it shall
have sentenced a Child In Conflict with the Law and upon To summarize, the following are the procedures in Applying
application at anytime placed the child on probation in lieu for Probation:
of service of his sentence.
 36

1 The offender or his counsel files a petition with the officer and a determination by the court that the ends of
convicting court within 15 days from promulgation justice and the best interest of the public as well as that of
of judgment. the defendant will be served thereby.

2 The court determines convict qualifications and QUESTION

notifies the prosecutor of the filing of the petition What is post sentence investigation?
An investigation conducted by a probation agency or
3 The prosecutor submits his comments on such other designated authority at the request of a court into
application within 10 days from receipt of the the past behavior, family circumstances, and personality
notification. of an adult who has been convicted of a crime, to assist
the court in determining the most appropriate sentence.
4 If petitioner is qualified, his application is referred to It refers to the investigation conducted by a probation
the probation officer for post-sentence officer to obtain information regarding petitioner’s
investigation character, antecedents, environment, mental and
physical condition with the aim of determining whether
5 The post-sentence investigation report (PSIR) is the latter is qualified and suitable for released under
submitted by the probation officer to the court probation.
within 60 days
A. ASSIGNMENTS AND INITIAL INTERVIEW WORK SHEET
6 Pending investigation and resolution, accused may
be temporarily released (if there is already a bail, PAROLE AND PROBATION ADMINISTRATION OMNIBUS
then on same bail) RULES ON PROBATION METHODS AND PROCEDURE.

Section 14. Assignment. - After receipt from the Trial Court,

7 The court grants or denies the petition for probation
the City or Provincial Parole and Probation Office concerned,
within 15 days upon receipt of the PSIR.
through the CPPO shall assign the same to the office clerk
for docketing and eventual assignment to a subordinate
NOTA BENE:
investigating Probation Officer for the conduct of the PSI or
 If the accused is convicted and sentenced to
conduct such investigation himself.
multiple penalties, the periods are not added up.
Only the maximum shall be considered.
Section 15. Initial Interview Work Sheet: Waiver. –
 Once probation period is terminated, the accused is
Within five (5) working days from receipt of said
restored to all his civil rights lost or suspended.
delegated assignment (or self -assignment), the
III. REQUISITES BEFORE AN OFFENDER CAN BE PLACED ON investigating Probation Officer on case (or Chief Probation
PROBATION and Parole Officer) shall initially interview the applicant if he
1. A post sentence investigation by the officer; appeared in the Probation Office upon response to the
2. A determination by the court that the end of justice seventy-two (72) hours limitation given to him by the Trial
will be served and the best interest of the public and Court. If not, the Probation Officer on case may write the
that of the offender will be served thereby. applicant in his court given address, or personally visit
The probation officer shall submit to the court within 60 applicant's place to schedule an initial interview at the
days from receipt of the order the investigation report on Probation Office.
the offender, the petition for probation shall be resolved by During such initial interview, the Probation Officer on
the court within 15 days from receipt of report. Probation case or CPPO shall require the applicant to accomplish and
order unless otherwise provided takes effects upon its sign a Post-Sentence Investigation Work Sheet (PPA Form1).
issuance, the order granting or denying the probation is not The investigating Probation Officer on case or CPPO shall
appealable. conduct further investigation based on the information
contained therein.
D. POST SENTENCE INVESTIGATION A Waiver-Cum-Authorization (PPA Form 2), authorizing
the PPA and/or Probation Office to secure any and all
(PSI) AND POST SENTENCE information on the applicant, shall be duly executed and
INVESTIGATION REPORT (PSIR) signed by him.

(SECTION 5, PD 968) Section 17. Collateral Information. - During the conduct of

the PSI, collateral information
Under Section 5 of PD 968, no person shall be placed on must be gathered from those persons who have direct
probation except upon prior investigation by the probation personal knowledge of the applicant, offended party, family
 37

member, and/or their relatives, including barangay officials socio-economic status, and criminal records, if any, of the
and disinterested persons. applicant and the institutional and community resources
available for his rehabilitation.
Section 18. Subsequent or Further Interviews. - To obtain In case applicant has a criminal record(s), such should be
additional data, counter verified with the proper Government agency as to its
check, or clarify discrepancy/ies between the information disposition/resolution which has/have to be properly
received from the applicant and those secured from other reflected in the PSIR.
sources, the Investigating Probation Officer on case or CPPO For the sake of obtaining additional information or
may conduct subsequent or further interviews on the clarify conflicting data, the investigating Probation Officers
applicant and/or other persons as deemed appropriate. on case may conduct further investigation and interview to
avoid discrepancies of facts/information.
Section 19. Nature of Interview. - The data and information The investigating Probation Officer on case or CPPO
gathered from the interview of the applicant and/or other shall assess and recommend or prescribe the suitable
persons and from other collateral informants, as well as law probation treatment and supervision program upon the
enforcement agencies, shall be strictly privileged and applicant, if granted probation.
confidential in nature. During such interview and
information-gathering processes, the applicant does not C. FORMS OF PSI (SECTION 6, PD 968)
necessarily need to be represented and assisted by counsel. Section 6 of PD 968 - The investigation report to be
submitted by the probation officer under Section 5 hereof
Section 20. Confidentiality of Post-Sentence Investigation shall be in the form prescribed by the Probation
Information. – The investigating Probation and Parole Administrator and approved by the Secretary of Justice.
Officer on case or CPPO shall inform the applicant of the
confidential nature of the information taken during the PSI D. STAGE OF POST-SENTENCE INVESTIGATION
and the limited scope and extent, whereby said information, The following are the stage of post investigation:
may be disclosed only to some statutorily designated
authorities and entities pursuant to Section 17 of PD 968, as 1. PRELIMINARY PROCEDURE - The probation officer upon
amended, and Section 64 of these Rules. receipt of the order from the court shall assign the same
to a probation officer to conduct the post-sentence
NOTA BENE: Information shall be privileged and shall not be investigation.
revealed directly or indirectly except to (a) Probation
Administration (b) the court concerned. A violation of 2. INITIAL INTERVIEW - within 5 working days from receipt
confidential nature of probation records is an offense. of the court order, the probation officer assigned shall
Penalty is imprisonment from 6 months and 1 day1 to 6 years interview the petitioner. In the said interview, the
and fine from P600 to P6, 000. probation officer shall require the petitioner to
accomplish under oath a worksheet (P.A. form no. 1) the
Section. 21. Absconding Applicant. – If the applicant whose information contained in the worksheet shall serve as
application for probation has been given due course by the the basis of further investigation. The petitioner shall
proper court has failed to present himself/herself to the also sign a waiver (P.A. form no. 2) authorizing the
proper Office within seventy-two (72) hours from his/her probation administration to secure any and all pertinent
receipt of the Probation Order or within reasonable time documents and information.
therefrom, said Office shall first exert best diligent efforts to
inquire on, search, find and locate his/her whereabouts 3. INVESTIGATION - upon completion of the worksheet,
before it shall report such fact with appropriate the probation officer shall conduct a thorough
recommendation to the proper court, considering the investigation on the antecedents, mental and physical
surrounding circumstances of place, date and time, his/her condition, character, and socio economic status of the
health condition and other related factors. petitioner. For collateral information, person who has
knowledge of the petitioner, of the victim and or the
B. SCOPE AND EXTENT relatives shall be interviewed. The probation officer
Section 16 of Parole and probation administration shall determine and recommend the manner by which
omnibus rules on probation methods and procedure. Scope the petitioner will be supervised if granted probation.
and Extent. - After accomplishing the Post-Sentence
Investigation Work Sheet and the Waiver-Cum- NOTA BENE: Information gathered from the interview of
Authorization, the same shall be immediately submitted to petitioner and the collateral information sources shall be
the Probation Office. The investigating Probation Officer on confidential in nature.
case or CPPO shall conduct a thorough investigation on the
antecedents, mental and physical condition, character,
 38

4. ISSUANCE OF POST-SENTENCE INVESTIGATION (PSI) each and all the pages thereof, except the last page on which
REPORT -upon the completion of the post-sentence they shall affix their respective signatures.
investigation, the probation of officer shall submit a
post-sentence investigation report (P.A. form no. 3) to I. PERIOD FOR SUBMISSION OF INVESTIGATION REPORT
the trial court within the prescribed period. (SECTION 7, PD 968)
Section 7 of PD 968 - The probation officer shall submit
The report shall be sign by the investigating probation to the court the investigation report on a defendant not later
officer and approved by the head of the probation than sixty days from receipt of the order of said court to
office. conduct the investigation. The court shall resolve the
petition for probation not later than five days after receipt
QUESTION of said report.
Is the petitioner had Right to Counsel During the post-
sentence investigation and covered by Republic Act QUESTION
No. 7438? Can the offender be released while his application for
probation is pending?
During the post-sentence investigation petitioner had Yes, at the discretion of the court. Pending submission
no Right to Counsel. The probation law has no provision of the PSIR and the resolution of the petition for
guaranteeing the right to counsel in the investigation probation, the defendant may be ALLOWED temporary
of a petitioner. The constitutional guarantee of right to liberty or released by virtue of BAIL.
counsel will not apply because the investigation by the a. On the same bond he filed during the trial in the
probation officer is neither prosecutory nor accusatory criminal case,
in character. b. On a new bond or
Further petitioner as well is not covered by Republic To the custody of a responsible member of the
Act No. 7438 providing right of the accused during community if unable to file a bond - In case NO BAIL was
custodial investigation. filed or that defendant is incapable of filing one, court
may allow the release of defendant on RECOGNIZANCE to
E. POST SENTENCE INVESTIGATION REPORT (PSIR) the custody of a responsible member of the community
Post sentence investigation report is refers to the report who shall guarantee his appearance whenever required
submitted by a probation officer within 60 days from receipt by the court (sec. 21, rule 114-Rules on Criminal Procedure)
of the order of said court to conduct the investigation
containing his/her recommendation in the grant or denial of Pending submission of the investigation report and the
the application for probation. resolution of the petition, the defendant may be allowed on
temporary liberty under his bail filed in the criminal case;
F. PURPOSE OF POST SENTENCE INVESTIGATION REPORT Provided, That, in case where no bail was filed or that the
Section 23 of Parole and probation administration defendant is incapable of filing one, the court may allow the
omnibus rules on probation methods and procedure. - The release of the defendant on recognize the custody of a
PSIR aims to enable the Trial Court to determine whether or responsible member of the community who shall guarantee
not the ends of justice and the best interest of the public his appearance whenever required by the court.
primarily, as well as that of the applicant, would be served by
the grant or denial of the application. J. CONTENTS OF PSIR (SECTION 24 OF PAROLE AND
PROBATION ADMINISTRATION OMNIBUS RULES ON
G. NATURE OF THE RECOMMENDATION PROBATION METHODS AND PROCEDURE)
Section 25 of Parole and probation administration a. The circumstances surrounding the crime or
omnibus rules on probation methods and procedure - The offense for which the applicant was convicted and
nature of the recommendation for the grant or denial of sentenced, taken from the applicant himself,
probation in the PSIR report is merely PERSUASIVE IN NATURE offended party and others, who might have
addressed to the sound discretion of the Trial Court knowledge of the commission of the crime or
considering that the denial or grant of probation is a judicial offense, and pertinent information taken from the
function. police and other law enforcement agencies, if any,
and Trial Court records;
H. SIGNATORIES b. Details of other criminal records, if any;
Section 25 of Parole and probation administration c. Personal circumstances, educational, economic and
omnibus rules on probation methods and procedure - The socio-civic data and information about the
PSIR shall, as a rule be prepared by the investigating Probation applicant;
Officer on case and approved by the CPPO. Both shall initial d. Characteristics of applicant, employable skills,
employment history, collateral information;
 39

e. Evaluation and analysis of the applicant's suitability upon the discretion of the court. Therefore court may grant
and legal capacity for probation and his potential or dismiss it.
for rehabilitation, reform, development,
transformation and re-integration into the II. GRANT OF THE PETITION
community; Once probation is granted, the execution of sentence
f. Recommendation to: (A) grant the application, will be suspended. The court if grants the petition will issue
including probation period, probation conditions the appropriate Probation Order and the petitioner will be
and probation treatment and supervision release to the community subject however to the terms and
plan/program; or (B) deny the application; condition imposed by the court, with the supervision of
g. Data and information on the applicant's financial probation officer.
condition and capacity to pay, his civil liability, if any; If the court grants probation – the court imposes
h. Results of findings of drug, psychological and condition that defendant seems to be arbitrary – mental
clinical tests conducted, if any; must he does need instruction.
i. Results of criminal records, if any, whether decided
or still pending QUESTION
j. Furnished by various law enforcement agencies What is the effect of probation on accessory Penalties?
tapped by the Probation Office for such purpose; Accessory penalties are deemed suspended once
k. Result(s) of courtesy investigation, whether probation is granted. (Baclayon vs. Mutia. 129 SCRA,
GCI/FBCI or PGCI (See Sec. 27 of these Rules), if any, 148)
conducted in the birth place or place of origin of
applicant especially if he plans to reside thereat III. EFFECT OF THE GRANT OF PROBATION.
while on probation, if ever his application will be Under Section 32 of Parole and Probation Administration
granted; and Omnibus Rules on Probation Methods and Procedure the
l. Other analogous and related matters. following are the Effect of the Grant of Probation:
(a) Probation is but a mere privilege and as such, its grant or
Others: denial rests solely upon the sound of discretion of the Trial
a. Psycho- social information regarding the petitioner. Court. After its grant it becomes a statutory right and it
b. Evaluation of petitioner suitability for probation and shall only be canceled or revoked for cause and after due
his potential for social reintegration into the notice and hearing.
community. (b) The grant of probation has the effect of suspending the
c. A recommendation to either grant the petition for execution of sentence. The Trial Court shall order the
probation with program of supervision and the release of the probationer's cash or property bond upon
suggested terms and condition for probation, or which he was allowed temporary liberty as well as release
deny the petition for probation. the custodian on ROR from his undertaking.
d. Information regarding the petitioner financial Upon receipt of the Probation Order granting probation
capability to meet or satisfy his civil obligation if any. the same shall be entered in a Docket Book for proper
To obtain additional data or clarify discrepancies recording.
between the information received from the applicant and An order of denial shall be docketed as well.
those secured from other sources, the investigating
Probation Officer and/or Chief Parole and Probation Officer IV. EFFECTIVITY OF THE PROBATION ORDER (SECTION 11,
may conduct such subsequent or further interviews on the PD NO. 968)
applicant and/or other persons as may be deemed proper Under Section 11 of PD 968 , a probation order shall take
and necessary effect upon its issuance, at which time the court shall inform
the offender of the consequences thereof and explain that
E. RESOLUTION AND GRANT OF THE upon his failure to comply with any of the conditions
prescribed in the said order or his commission of another
PETITION FOR PROBATION offense, he shall serve the penalty imposed for the offense
under which he was placed on probation.
A probation order shall take effect upon its receipt by
I. PERIOD TO RESOLVE THE APPLICATION FOR the petitioner, and on the same date the probation period
PROBATION shall commence, unless otherwise specified by the court.
Under Section 31 of Parole and Probation Administration Upon the issuance of the probation order, the court
Omnibus Rules on Probation Methods and Procedure. The shall inform the probationer of the consequences thereof
application for probation shall be resolved by the Trial Court and explain upon his failure to comply with any of the
not later than fifteen (15) days from the date of its receipt of conditions in the said order, or his commission of another
the PSIR. Since probation is privilege, its grant rest solely
 40

offense, he shall serve the sentence originally imposed for sentenced a defendant, and upon application by said
the offense for which he was placed on probation. defendant within the period for perfecting an appeal, suspend
In addition Section 33 of Parole and Probation the execution of the sentence and place the defendant on
Administration Omnibus Rules on Probation Methods and probation for such period and upon such terms and conditions
Procedure states that a probation order shall take effect as it may deem best; Provided, That no application for
upon its issuance, at which time the court shall inform the probation shall be entertained or granted if the defendant has
offender of the consequence thereat and explain that upon perfected the appeal from the judgment of conviction.
his failure to comply with any of the conditions prescribed in Probation may be granted whether the sentence imposes a
the said order or his commission of another offense under term of imprisonment or a fine only. An application for
which he was placed on probation. probation shall be filed with the trial court. The filing of the
application shall be deemed a waiver of the right to appeal. An
V. DEFENDANT MAY REJECT GRANT OF PROBATION order granting or denying probation shall not be appealable.
The law does not oblige the defendant to accept the Relying solely on the letter of the law, the filing of the
probation granted by the court. He should, indeed, be application for probation should be deemed a waiver of the
allowed to turn down the same grant especially since he right to appeal. However, in the case of Budlong v. Apalisok,
might feel that the terms and conditions thereof are too we had occasion to rule that the above provision of the
onerous (burdensome) for him. Probation Law clearly provides only for the suspension of
the sentence imposed on the accused by virtue of his
VI. EFFECT OF DISMISSAL OF THE PETITION application for probation. It has absolutely no bearing on
What will happen if the application for probation is civil liability. This ruling was clarified in Salgado v. Court of
denied? Appeals, wherein we ruled that, although the execution of
The offender will be sent by the sentencing court to prison sentence is suspended by the grant of probation, it does not
to serve his sentence. follow that the civil liability of the offender, if any, is
extinguished.
NOTA BENE: AS A GENERAL RULE THE GRANT OR The Probation Law prohibits a judge from entertaining
DENIAL OF PROBATION IS NOT APPEALABLE. However a or granting an application for probation if the defendant has
Certiorari may lie on the ground of Grave abuse of perfected an appeal from the judgment of conviction. The
discretion – certiorari – not on appeal. Here he does not fact of conviction most certainly refers to the
question the finding of facts of the trial court but only the criminal liability of the accused, as a result of a finding made
reasonableness of the order based therein. by a judge that he is guilty of the crime charged. However,
Neither the prosecution nor defendant may ask as a the appeal in this case involved only the civil aspect of the
matter of right seek review by superior court of the order trial courts judgment. Hence, we see no reason why,
of the trial court or before the superior court the findings of between the conjoined criminal and civil aspects of a felony,
facts of the trial court. a line cannot be drawn marking where the one springs from
the other. Even if by definition civil liability ex delict arises
EFREN SALVAN vs. THE PEOPLE OF THE PHILIPPINES from the criminal act, once its existence is established, it
G.R. No. 153845. September 11, 2003 should be treated separately from the criminal liability.
Indeed there is even categorical statutory basis to state that
FACTS: Efren Salvan, a bus driver, was convicted of reckless it subsists despite the extinguishment of the criminal liability
imprudence resulting in homicide for the death of John Barry from which it arose. This was the finding in Budlongv.
Abogado. He filed a motion for partial reconsideration, Apalisok and Salgado v. Court of Appeals.
which was later denied, and an application for probation. He Thus, we rule that, in an appeal from a judgment of
then filed a notice of partial appeal which was denied for the conviction, the criminal liability and the civil liability ex
reason that the application for probation is deemed under delicto should be considered independently, each with its
the law to be a waiver of the right to appeal. own corresponding effects. In the present case, the law that
bars an appeal of the judgment of conviction, as well as its
ISSUE: Whether or not the denial or approval of probation is corresponding criminal liability, should not bar an appeal of
appealable. the civilaspect of the same judgment.

HELD: We recall that the law which governs all matters VII. INDEMNIFICATION
relating to probation is Presidential Decree No. 968, Section 37. Indemnification of Parole and Probation
commonly known as the Probation Law, as amended by Administration Omnibus Rules on Probation Methods and
Presidential Decree No. 1990. The provision of the law that is Procedure. –Payment for civil liability shall be done using the
pertinent to the current controversy reads: following modes:
Sec.4. Grant of Probation. Subject to the provisions of this (a) Payment can be given to the Clerk of Court of the Trial
Decree, the trial court may, after it shall have convicted and Court, who will in return hand over the sum to the victim
 41

who shall issue a corresponding receipt; a copy of which for his eventual reintegration to the mainstream of
should be given by the probationer to the Probation Office society.
in order to monitor such payment;
(b) Payment may be deposited by the probationer to the
victim’s account where the bankbook is kept at the
G. CHANGE OF RESIDENCE AND
Probation Office to be given to the victim for his proper OUTSIDE TRAVEL
disposition;
(c) Payment can be effected directly to the victim and the I. CHANGE OF RESIDENCE
receipt must be filed in the supervision record of the Section 42 Parole and Probation Administration Omnibus
probationer kept at the Probation Office. Rules on Probation Methods and Procedure. Change of
Further, that the practice of giving the payment to the Residence: Transfer of Supervision. –
Supervising Probation Officer on case (or the CPPO) to be (a) A Probationer may file a Request for Change of
remitted to the victim, although with receipts, should be Residence (PPA Form 24) with the City or Provincial
highly discourage and discontinued outrightly. Parole and Probation Office, citing the reason(s)
therefore this request shall be submitted by the
F. CONTROL AND SUPERVISION OF Supervising Probation Office for the approval of the
Trial Court.
PROBATIONERS (SECTION 13, PD (b) In the event of such approval, the supervision and
control over the probationer shall be transferred to
968) the concerned Executive Judge of the RTC, having
Under Section 13 of PD 968, the probationer and his jurisdiction and control over said probationer, and
probation program shall be under the control of the court under the supervision of the City or Provincial Parole
who placed him on probation subject to actual supervision and and Probation Office in the place to which he
visitation by a probation officer. Whenever a probationer is transferred.
permitted to reside in a place under the jurisdiction of another Thereafter, the Executive Judge of the RTC to whom
court, control over him shall be transferred to the Executive jurisdiction over the probationer is transferred shall have the
Judge of the Court of First Instance of that place, and in such jurisdiction and control with respect to him which was
a case, a copy of the probation order, the investigation report previously possessed by the Court which granted probation.
and other pertinent records shall be furnished said Executive The receiving City or Provincial and Parole and Probation
Judge. Thereafter, the Executive Judge to whom jurisdiction Office and the receiving court shall be duly furnished each with
over the probationer is transferred shall have the power with copies of the pertinent Probation Order, PSIR (PPA Form 3),
respect to him that was previously possessed by the court and other investigation and supervision records by the sending
which granted the probation. Probation Office for purposes and in aid of continuing
Probationers report to their Probation Officer as often
effective probation supervision treatment over said
as indicated in the conditions of probation. The probation probationer.
officer sees to it that the conditions of probation as given by
the court are followed. Probationers are helped to
II. OUTSIDE TRAVEL
developed themselves, to learn skills if they do not have any,
Section 41 of Parole and Probation Administration
and to be gainfully employed so they can be useful members Omnibus Rules on Probation Methods and Procedure.
of the society. House visits and follow-up in their places of Purpose. Outside Travel. –
work may be done if needed. The probation officer makes (a) A Probation Officer may authorize a probationer to travel
regular reports about the probationer to the court. outside his area of operational/territorial jurisdiction for a
Under Section 38 of Parole and Probation period of more than ten (10) days but not exceeding thirty
Administration Omnibus Rules on Probation Methods and (30) days.
Procedure the following are the primary purposes of (b) A Probationer who seeks to travel for up to thirty (30)
probation supervision are: days outside the operational/territorial jurisdiction of the
(a) To ensure the probationer's compliance with the Probation Office shall file at least five (5) days before the
probation conditions specified in the Probation Order intended travel schedule a Request for Outside Travel
and the prescribed probation treatment and (PPA Form 7) withsaid Office properly recommended by
supervision program/plan; the Supervising Probation Officer on case and approved
(b) To manage the process of the probationer's by the CPPO.
rehabilitation and re-integration into the community; (c) If the requested outside travel is for more than thirty (30)
and days, said request shall be recommended by the CPPO and
(c) To provide guidance for the probationer's submitted to the Trial Court for approval.
transformation and development into a useful citizen
 42

Outside travel for a cumulative duration of more than thirty Other probationers who have fully cooperated
(30) days within a period of six (6) months shall be considered with/participated in the programs of supervision designed for
as a courtesy supervision. their rehabilitation and who are situated under
conditions/circumstances similar in nature to those above-
described at the discretion of the proper authorities.
H. EARLY DISCHARGE INCENTIVE
AND TERMINATION I. PERIOD OF PROBATION AND ITS
The arrangement takes place when probation is made to
pay restitution, reparation and indemnification. In PSIR the IMPLICATION (Sec. 14 of PD 968)
recommended payment is that within ½ of term probation –
full payment – eligible for consideration for early I. PERIOD OF PROBATION
termination. a. If the convict is sentenced to a term of
Section 55 of Parole and Probation Administration imprisonment of NOT MORE THAN ONE (1), the
Omnibus Rules on Probation Methods and Procedure. period of probation shall NOT EXCEED TWO (2)
Coverage. - The following probationers may be recommended YEARS.
for the early termination of their probation period: b. In all cases, if he is sentenced to MORE THAN ONE
1. Those who are suffering from serious physical and/or (1) YEAR, said period SHALL NOT EXCEED SIX (6)
mental disability such as deaf- mute, the lepers, the YEARS.
crippled, the blind, the senile, the bed-ridden, and the like; c. When the sentence imposes a FINE ONLY and the
2. Those who do not need further supervision as evidenced offender is made to SERVE SUBSIDIARY
by the following: IMPRISONMENT in case of insolvency, the period of
(a) Consistent and religious compliance with all the probation shall NOT BE LESS THAN NOR TWICE the
conditions imposed in the order granting probation; total number of days of subsidiary imprisonment as
(b) Positive response to the programs of supervision computed at the rate established by the RPC Art.
designed for their rehabilitation 39.
(c) Significant improvements in their social and economic ART. 39: When the principal penalty imposed be only a
life; fine, the subsidiary imprisonment shall not exceed 6 months
(d) Absence of any derogatory record while under if the culprit is executed for grave or less grave felony and
probation; shall not exceed 15 days for light felony
(e) Marked improvement in their outlook in life by
becoming socially aware and responsible members of NOTA BENE
the family and community; and The period of probation may either be shortened or made
(f) Significant growth in self-esteem, self-discipline and longer, but not to exceed the period set in law.
self-fulfillment; Provided, that, the probationers When the period of probation is no longer necessary
involved have already served one-third (1/3) of the as the probationer is believed no longer a threat to society
imposed period of probation; and provided further, and has satisfactorily reintegrated him into society. The
that, in no case shall the actual supervision period be period maybe shortened. But if there a need for the
less than six (6) months. protection of society and adjustment of probation said –
3. Those who have: longer but not beyond 2 and 6 years.
(a) To travel abroad due to any of the following:
(1) An approved overseas job contract or any other II. IMPLICATION OF THE PROBATION PERIOD: Both In
similar documents; or Maximum Level
(2) An approved application for scholarship, 1. Minimum period of probation is left to discretion of
observation tour or study grant for a period not courts
less than six (6) months; or 2. Court may set a straight period of probation
(3) An approved application for immigration. anywhere within the range and limit set by law
(4) An approved application to take the Bar and 3. The court may order an indeterminate period with
Board Examinations. minimum and maximum period.
(b) To render public service The determination of the term for probation can readily
(1) Having been elected to any public office; or be seen to present itself as new sentencing problem to the
(2) Having been appointed to any public office. trial court when viewed in terms of probation goal. The
Provided, however, that the probationers involved have imposition of the right length of time that promises society
fully paid their civil liabilities, if any. maximum protection and the offender the best possible
And, that the probationers were not convicted for chance of rehabilitation.
offenses involving moral turpitude. SOLUTION: The strategy is the Utilization of the Post
Sentence Investigation Report which furnishes him a good
 43

picture of the prisoner and the forces and circumstances 11. Reside at premises approved by the court and not
that led him to crime. to change his residence without prior written
approval; and
12. Satisfy any other condition related to the
J. CONDITIONS IN THE GRANT OF rehabilitation of the probationer and not unduly
PROBATION AND ITS restrictive of his liberty or incompatible with his
freedom of conscience.
CONSEQUENCE IF VIOLATED
(SECTION 10, PD 968) BACLAYON vs. MUTIA;
G.R. No. L-59298 April 30, 1984

QUESTION Stated Ruling:

What are the rights and duties of the probationer? The condition that petitioner should "refrain from
When Probation is granted, what conditions continuing her teaching profession is an invalid condition.
does the court impose? If probation is granted, the imposition of her sentence of
1. The probationer must present himself to his imprisonment was thereby suspended and necessarily, the
Probation Officer within seventy-two (72) imposition of the accessory penalties was likewise thereby
hours; suspended.
2. Report to his Probation Officer in-charge of Probation is not a sentence.
his supervision at least once a month;
3. Not to commit any offense; Facts:
4. Comply with any other conditions imposed Petitioner, a school teacher convicted of the crime of
by the court. Serious Oral Defamation for having quarreled with and
uttered insulting and defamatory words against Remedios
Estillore, principal of the Plaridel Central School. Her
I. MANDATORY OR BUILT IN CONDITIONS conviction was affirmed by the appellate court, taking into
The two Mandatory Conditions of Probation account the aggravating circumstance of disregard of the
1. To present himself to the Probation Officer respect due the offended party on account of her rank and
concerned for supervision within 72 hours from age and the fact that the crime was committed in the office
receipt of said order; and of the complainant. She was sentenced to one year, 8
2. To report to the Probation Officer at least once a months, 21 days of arresto mayor in its maximum period to 2
month during the period of probation. years and 4 months of prision correccional in its minimum
period.
II. OPTIONAL/DISCRETIONARY OR OTHER CONDITIONS The petitioner applied for probation with respondent
The Probation Order may also require the probationer in judge who referred the application to a Probation Officer.
appropriate cases to: The Post-Sentence Investigation Report favorably
1. Cooperate with a program of supervisor; recommended the granting of petitioner's probation for a
2. Meet his family responsibilities period of three (3) years.
3. Devote himself to a specific employment and not to The respondent Judge issued an order granting
change said employment without prior written petitioner's probation, but modified the Probation Officer's
approval of the probation officer; recommendation by increasing the period of probation to
4. Comply with a program of payment of civil liability five (5) years and by imposing the 10 conditions:
to the victim of his heirs; However the petitioner's prays for the deletion of the
5. Undergo medical, psychological or psychiatric last condition that petitioner should "refrain from
examination and treatment and/or enter and continuing her teaching profession." The petitioner submits
remain in specific institution, when required for that that said condition is detrimental and prejudicial to her rights
purpose; as well as not in accordance with the purposes, objectives
6. Pursue a prescribed secular study or vocational and benefits of the probation law.
training;
7. Attend or reside in a facility established for Issue:
instruction or reaction of persons on probation; Whether paragraph (h) of the questioned order
8. Refrain from visiting houses of ill-repute; granting probation which requires that petitioner refrain
9. Abstain from drinking intoxicating beverages to from continuing with her teaching profession be deleted.
excess;
10. Permit the probation officer or unauthorized social Held:
worker to visit his home and place of work; YES.
 44

perpetual special disqualification from the right of suffrage.

The conditions which trial courts may impose on a This cannot apply to petitioner, however, because she was
probationer may be classified into general or mandatory and granted probation. The imposition of her sentence of
special or discretionary. imprisonment was thereby suspended and necessarily, the
The MANDATORY CONDITIONS, enumerated in Section imposition of the accessory penalties was likewise thereby
10 of the Probation Law, require that the probationer should suspended.
(a) present himself to the probation officer designated to
undertake his supervision at such place as may be specified
in the order within 72 hours from receipt of said order, and
(b) report to the probation officer at least once a month at
K. RULE IN VIOLATION OF
such time and place as specified by said officer. CONDITIONS ITS MODIFICATION
SPECIAL OR DISCRETIONARY CONDITIONS are those
additional conditions, listed in the same Section 10 of the AND REVOCATION OF PROBATION
Probation Law, which the courts may additionally impose on Section 46 of Parole and Probation Administration
the probationer towards his correction and rehabilitation Omnibus Rules on Probation Methods and Procedure.
outside of prison. Concept. - A probationer's specific act and/or omission(s)
NOTA BENE: The enumeration, however, is not constitutive of a violation of probation condition(s) set forth
inclusive. Probation statutes are liberal in character and in the original, modified or revised Probation Order shall be
enable courts to designate practically any term it chooses reported to the Trial Court, taking into account the totality of
as long as the probationer's constitutional rights are not the facts and surrounding circumstances and all possible areas
jeopardized. There are innumerable conditions which may of consideration.
be relevant to the rehabilitation of the probationer when
viewed in their specific individual context. It should, QUESTION
however, be borne in mind that the special or discretionary What happens to a probationer if conditions of
conditions of probation should be realistic, purposive and probation are violated?
geared to help the probationer develop into a law-abiding The Court may modify the conditions of probation or
and self-respecting individual Conditions should be revoke the same. If the violation is serious, the court may
interpreted with flexibility in their application and each case order the probationer to serve his prison sentence. The
should be judged on its own merits — on the basis of the probationer may also be arrested and criminally
problems, needs and capacity of the probationer. The very prosecuted if the violation is a criminal offense.
liberality of the probation should not be made a tool by trial Any set or commission on the part of the probationer
courts to stipulate instead unrealistic terms. which is contrary to the terms and conditions specified in
Petitioner is a teacher and teaching is the only the probation order.
profession she knows and as such she possesses special a. The probation officer investigates the alleged
skills and qualifications. To order the petitioner to refrain violation and it is established, a report is
from teaching would deprive the students and the school in submitted to the court. There can be
general the benefits that may be derived from her training MODIFICATION of condition of probation by the
and expertise. court, depending on the nature and seriousness
While it is true that probation is a mere privilege and its of the violation;
grant rests solely upon the discretion of the court, this b. There is also the possibility of arrest including
discretion is to be exercised primarily for the benefit of criminal, prosecution of the probationer in the
organized society and only incidentally for the benefit of vent of commission of another offense. The
the accused. Equal regard to the demands of justice and REVOCATION proceeding is summary.
public interest must be observed. In this case, teaching has After considering the nature and seriousness of violation
been the lifetime and only calling and profession of court may order ARREST of probation
petitioner. The law requires that she devote herself to a
lawful calling and occupation during probation. Yet, to NOTA BENE: If the court finds the probationer guilty of
prohibit her from engaging in teaching would practically serious violation of the conditions of probation he may
prevent her from complying with the terms of the probation. be ordered to serve the original sentence imposed on
Respondents contend that petitioner's final conviction him.
carries with it the accessory penalties in addition to the
principal penalty of imprisonment; and since petitioner was IF VIOLATION IS ESTABLISHED- court may revoked or
sentenced to arresto mayor in its maximum period to prision continue with modified conditions
correccional in its minimum period, she must likewise suffer IF REVOKED- probationer shall serve the sentence
the accessory penalties of suspension from public office and originally imposed.
from the right to follow a profession or calling, and that of
 45

immediately reported to the Trial court for

QUESTION appropriate action.
If the probationer committed a crime while under (c) Thereafter, said Parole and Probation Office shall
probation, what would be the consequences? file with the trial court a Violation Report (PPA Form
a. The probationer will be arrested for violation of the 8), containing its findings and recommendation,
condition of probation duly prepared and signed by the SPPO, SrPPO,
b. Prosecution of the new crime committed PPOII, PPOI concerned and duly noted by the CPPO
The court will order the serving of the original sentence of for the court's resolution.
the previous offense
IV. VIOLATION OR INFRACTION REPORT
I. ABSCONDING PETITIONER Infraction Report is refers to the report submitted by
Section 43 of Parole and Probation Administration the Probation and Parole Officer on violations committed by
Omnibus Rules on Probation Methods and Procedure. a parolee/pardonee of the conditions of his release on parole
Absconding Probationer. – or conditional pardon while under supervision.
(a) A probationer who has not reported for initial supervision Section 49 of Parole and Probation Administration
within the prescribed period and/or whose whereabouts Omnibus Rules on Probation Methods and Procedure. -
could not be found, located or determined despite best Violation Report. Its Contents: Signatories and Submission to
diligent efforts within reasonable period of time shall be Trial Court. - The Violation Report shall include, among others,
declared by the proper Office as an absconding the following:
probationer. 1. accurate and complete statement of the facts and
Thereafter said Office shall file with the proper court a surrounding circumstances, concluding but not limited to
Violation Report (PPA Form 8), containing its findings and the:
recommendation, duly prepared and signed by the (a) nature, character and designation of the violation;
Supervising Parole and Probation Officer and duly noted by (b) specific acts and/or omissions constitutive of the
the Chief Parole and Probation Officer. violation;
(c) place, date and time of commission or omission;
II. FACT-FINDING INVESTIGATION. (d) statements or affidavits of apprehending officers and
Section 47 of Parole and Probation Administration offended parties and
Omnibus Rules on Probation Methods and Procedure. Fact- (e) other related data and information.
Finding Investigation. - Based on reasonable cause reported by 2. probationer's response, explanation and clarification duly
a reliable informant or on his own findings, the SPPO, SrPPO, sworn to before a notary public and other supporting
PPOII, PPOI concerned or the CPPO himself shall conduct or testimonial, documentary and objective evidence;
require the Supervising Probation Officer on case to 3. findings, assessment and recommendation of the
immediately conduct a fact-finding investigation on any Probation Office. The Violation Report shall be prepared
alleged or reported violation of probation condition(s) to and signed by the SPPO, SrPPO, PPOII or PPOI concerned
determine the veracity and truthfulness of the allegation. and approved and signed by the CPPO.

III. REPORT: VIOLATION OF CONDITION V. STANDARDS IN PROCESSING VIOLATION:

Section 48 of Parole and Probation Administration It will be appropriate for standards to be formulated as
Omnibus Rules on Probation Methods and Procedure. a guide to probation officer, and court is processing violation
Report: Violation of Condition. - of conditions. In any event, the following: intermediate steps
(a) After the completion of the fact-finding should be considered as alternative to revocation:
investigation, the Supervising Probation Officer on a. A review of the conditions: followed by changes
case shall prepare a violation report thereon necessary or desirable
containing his findings and recommendations and b. A formal or informal conference with probation to
submit the same to the CPPO for review and re-emphasize the necessity of compliance with the
approval. conditions and:
(b) In some cases, a probationer who has not reported c. Formal or informal warning that further violation
for initial supervision within the seventy-two (72) should resolve to revocation of probation.
hours from his receipt of the Probation Order or Revocation followed by imprisonment should be the
within the prescribed period ordered by the Trial disposition, however, when the court finds on the basis of
Court or whose whereabouts could not be the original offense in the intervening conduct of the
ascertained notwithstanding best efforts exerted offender, that:
within a reasonable period of time by the City and a. Confinement is necessary to protect the public from
Provincial Parole and Probation Office shall be further criminal activity by the offender or
 46

b. The offender is need of correctional treatment supervision period, the Trial Court may motu proprio or, upon
which can most effectively provided if confined, or motion by the City or Provincial Parole and Probation Office or
c. It would unduly depreciate the seriousness of the by the probationer or his lawyer.
offense if probation were not revoked.
Section 45 of Parole and Probation Administration Omnibus
VI. RULE VII OF THE REVISED RULES ON PROBATION: Rules on Probation Methods and Procedure. Effectivity and
METHODS AND PROCEDURES Finality of Modified or Revised Probation Order. –(a) The Trial
Court may modify or revise the Probation Order which shall
Sec.35: Methods and Procedures. A violation of probation become effectivity and final upon its promulgation and receipt
shall be understood to main any act or any omission on the thereof by the probationer, unless specified otherwise by said
part of the probationer with respect to the terms and Order.
condition or probation.

SEC. 36 The probation officer shall motu-propio (on his own)

M.REVOCATION OF PROBATION
Nobody can discount the probability that probatioern
or upon the report of the probation aide or any other person
may not violate the condition of probation what is the
conduct a fact finding investigation of any alleged violation
concept of violation of probation. The following are the two
of probation
grounds for revocation of probation.
1. Failure to comply with any condition
SEC.37 Rule VII of the Revised Rules on Probation. Once the
investigation is completed the probation officer shall report 2. Commission of another offense
the result of the same to the court.
QUESTION
SEC.38 Rule VII of the Revised Rules on Probation. The What constitute commission of another offense or
report of the probation officer to the court (P.A. form no. violation of penal law? Is it the act of committing or
38) concerning and alleged violation of the condition of perpetrating a crime? Or conviction for the commission
probation shall include: of said offense?
a. Complete statement of the facts of the alleged Supreme Court ruled that a condition violated by the
violation including the date, place and pardonee or parolee on judicial condition is not necessary.
circumstances thereof, statements of victims, Supreme Court revoked probation on the basis of a
witnesses and arresting officer if any. subsequent final judgment without remanding the case
b. The explanation, if any of the problem for the to the probation office.
alleged violation.
c. The recommendation of the probation officer.
NOTA BENA: An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be
L. MODIFICATIONS OF CONDITIONS appealable.
Under Sec.12 of PD 968, during the period of probation
the court may upon application of either the probation or I. EFFECT OF REVOCATION
the probation officer revised or modify the condition or Under Section 52 of Parole and Probation
period of probation. The court shall notify either the Administration Omnibus Rules on Probation Methods and
probationer or the probation officer of the filing of such Procedure the following are the effect of revocation:
application so as to give both parties an opportunity to be (a) After a serious violation of a probation condition has
heard thereon. been established in the hearing, the Trial Court may
The court shall inform in writing the probation officer order the continuance of the probationer's probation
and probationer of any change in the period or conditions of or modification of his probation conditions or revoke
probation. his probation whichever is proper and just under in
Whether or not petition has been in violation- there can judicial discretion.
be change however it is believed that most orders shall be (b) If the probation period has been revoked, the Trial
made after violation- if not rejection of probation is Court shall order the probationer to serve the
persuasive. Due process must be observed. sentence originally imposed in the judgment of his
An order modifying the period or conditions of case for which he applied for probation.
probation is NOT APPEALABLE. However certiorari lies on (c) A court order modifying the probation conditions as
the ground of abused of discretion. in Sec. 44 of these Rules or revoking probationer's
probation shall not be appealable. However, it may be
Section 44 of Parole and Probation Administration Omnibus correctable by certiorari under the Rules of Court.
Rules on Probation Methods and Procedure. Modification or
Revision of Probation Conditions. – (a) During the probation RONALD SORIANO vs. COURT OF APPEALS
 47

G.R. No. 123936: March 4, 1999 petitioner's having been convicted of a crime, and petitioner
is bound to satisfy this obligation regardless of whether or
FACTS: not he is placed under probation.
Petitioner Ronald Santiago was convicted of the crime We fail to see why petitioner cannot comply with a
of Reckless Imprudence resulting to homicide, serious simple order to furnish the trial court with a program of
physical injuries and damage to property on December 7, payment of his civil liability. He may, indeed, be poor, but this
1993.His application for probation was granted on March 8, is precisely the reason why the trial court gave him the
1994.On October 4, 1994, the trial court issued an order chance to make his own program of payment. Knowing his
declaring petitioner in contempt of court for his failure to own financial condition, he is in the best position to
comply with its orders of June 20, 1994 and August 15, 1994. formulate a program of payment that fits his needs and
The court likewise revoked the grant of probation to capacity. Settled is the rule in this jurisdiction that findings of
petitioner and ordered that he be arrested to serve the fact of the trial court are entitled to great weight, more so
sentence originally imposed upon him. According to the trial when they are affirmed by the Court of Appeals, as in this
court, among the violation committed by petitioner as case. Besides, petitioner himself admits in his petition that
regards his probation are his failures to (1) meet his he is unemployed and only depends on his parents for
responsibilities to his family, (2) engage in a specific support. He can barely support his family. Petitioner ought
employment, and (3) cooperate with his program to be reminded of what is incumbent on a probationer,
of supervision. including those requirements that the trial court may set. As
Section 10 of the Probation Law states:
ISSUE: Sec. 10. Conditions of Probation.—. . .The court may also
Whether or not the petitioner has violated the terms require the probationer to:(a) Cooperate with a program of
and conditions of his probation warrant its revocation. supervision;(b) Meet his family responsibilities;(c) Devote
himself to a specific employment and not to change said
HELD: employment without the prior written approval of the
The Solicitor General argues that petitioner has probation officer xxx xxx xxx(e) Pursue a prescribed secular
committed violations, thus justifying the trial court's study or vocational training; Clearly, these conditions are not
revocation of the grant of probation. He further points out whims of the trial court but are requirements laid down by
that our ruling in Salgado is inapplicable to the case of statute. They are among the conditions that the trial court is
petitioner since what was involved in Salgado was a program empowered to impose and the petitioner, as probationer, is
of payment already imposed upon petitioner therein. In this required to follow. Only by satisfying these conditions may
case, however, it is petitioner who is being asked to submit the purposes of probation be fulfilled. These include
his own program of payment and he had not submitted any promoting the correction and rehabilitation of an offender
such program. by providing him with individualized treatment, and
Petitioner asserts that his non-compliance with the providing an opportunity for the reformation of a penitent
orders of the trial court requiring him to submit a program offender which might be less probable if he were to serve a
of payment was not deliberate. To our mind, his refusal to prison sentence. Failure to comply will result in the
comply with said orders cannot be anything but deliberate. revocation of the order granting probation, pursuant to the
He had notice of both orders, although the notice of the Probation Law:
order of June 20, 1994 came belatedly. He has, up to this Sec. 11.Effectivity of Probation Order — A probation
point, refused to comply with the trial court's directive, by order shall take effect upon its issuance, at which time the
questioning instead the constitutionality of the requirement court shall inform the offender of the consequences thereof
imposed and harping on his alleged poverty as the reason for and explain that upon his failure to comply with any of the
his failure to comply. Contrary to his assertion, this conditions prescribed in the said order or his commission of
requirement is not violative of the equal protection clause of another offense, he shall serve the penalty imposed for the
the Constitution. Note that payment of the civil liability is not offense under which he was placed on probation."(Emphasis
made a condition precedent to probation. If it were, then supplied.)
perhaps there might be some basis to petitioner's assertion
that only moneyed convicts may avail of the benefits of Probation is not an absolute right. It is a mere
probation. In this case, however, petitioner's application for privilege whose grant rests upon the discretion of the trial
probation had already been granted. Satisfaction of his civil court. Its grant is subject to certain terms and conditions
liability was not made a requirement before he could avail that may be imposed by the trial court. Having the power to
probation, but was a condition for his continued enjoyment grant probation, it follows that the trial court also has the
of the same. The trial court could not have done away with power to order its revocation in a proper case and under
imposing payment of civil liability as a condition for appropriate circumstances. Moreover, having admittedly
probation, as petitioner suggests. This is not an arbitrary violated the terms and conditions of his probation,
imposition but one required by law. It is a consequence of petitioner cannot now assail the revocation of his probation.
 48

Regrettably, he has squandered the opportunity granted In the hearing which shall be summary in nature, the
him by the trial court to remain outside prison bars, and must probationer shall have the right to be informed of the
now suffer the consequences of those afore-cited violations. violation charged and to adduce evidence in his favor.
The court shall not be bound by the technical rules of
evidence, but may inform itself of all the facts which are
N. ARREST OF PROBATIONER; material and relevant to ascertain the veracity of the charge.
SUBSEQUENT DISPOSITION The probationer may be admitted to bail pending such
hearing. In such case, the provisions regarding release on
(SEC.15,PD NO. 968) bail of persons charged with the crime or offense shall be
After considering the nature and seriousness of applicable to probationers arrested under this provision.
violation court may order arrest of probation. Under Sec.15
of PD No. 968, at any time during probation, the court may Parole and Probation Administration Omnibus Rules on
issue a warrant for the arrest of a probationer for violation Probation Methods and Procedure
of any of the conditions of probation. The probationer, once
arrested and detained, shall immediately be brought before Section 53 Right to Counsel. - In the hearing or proceeding
the court for a hearing, which may be informal and summary, for violation of probation conditions, the probationer shall
of the violation charged. The defendant may be admitted to have the right to counsel of his own choice.
bail pending such hearing. In such a case, the provisions
regarding release on bail of persons charged with a crime Section 54. Representation for the State. - For the
shall be applicable to probationers arrested under this Prosecution of serious violation of probation condition(s),
provision. If the violation is established, the court may during said hearing or proceeding, the State shall be
revoke or continue his probation and modify the conditions represented by the proper prosecuting officer.
thereof. If revoked, the court shall order the probationer to
serve the sentence originally imposed. An order revoking the II. SAFEGUARD IN PROTECTION OF PROBATION DUE
grant of probation or modifying the terms and conditions PROCESS
thereof shall not be appealable. Before probation can revoked, the following may be
required:
Section 50 of Parole and Probation Administration 1. written notice of the claimed violation
Omnibus Rules on Probation Methods and Procedure. - 2. disclosure of evidence against probation
Violation Report. It’s Contents: Arrest of Erring Probationer. 3. opportunity to be heard and to present witnesses
- After having duly considered the nature and gravity of such and document evidence
reported violation based on the submitted Violation Report, 4. the right confronts and cross-examines adverse
the Trial Court may issue a warrant for the arrest of the witnesses
probationer for serious violation of his probation condition. 5. a written statement of the fact finder as to the
evidence relied and reason for revocation (decision)
QUESTION
May the arrested of probationer admitted to bail?
O. TERMINATION AND CLOSING OF
YES, The defendant may be admitted to bail pending such PROBATION CASE (SECTION 16, PD
hearing. In such a case, the provisions regarding release
on bail of persons charged with a crime shall be applicable 968)
to probationers arrested under this provision. Section 16 of PD 968 - After the period of probation and
upon consideration of the report and recommendation of
I. HEARING OF THE VIOLATION the probation officer, the court may order the final discharge
Informal and summary - Probation have right to counsel of the probationer upon finding that he has fulfilled the
and given all the opportunities to be heard because it may terms and conditions of his probation and thereupon the
lead to revocation and hence imprisonment. case is deemed terminated.
Probation officer- prosecutes but may asked assistance The final discharge of the probationer shall operate to
from the prosecutor office in the presentation of evidence. restore to him all civil rights lost or suspend as a result of his
conviction and to fully discharge his liability for any fine
Section 51 of Parole and Probation Administration Omnibus imposed as to the offense for which probation was granted.
Rules on Probation Methods and Procedure: Hearing of the The probationer and the probation officer shall each be
Violation of Probation. - Once arrested and detained, the furnished with a copy of such order.
probationer shall immediately be brought before the Trial
Court for a hearing of the violation charged. I. MODES AND GROUNDS OF TERMINATIONS OF THE
PROBATION SUPERVISION CASE
 49

1. The successful completion of program of the expiration of the period of probation embodying, among
probation. others, the following:
2. Revocation for cause, or death of the (a) Brief personal circumstances of the probationer;
probationer. (b) Brief criminal circumstances about his case (i.e.
Criminal case number, court, branch, period of
NOTA BENE: Termination Report - 30 days before the probation, initial and last date of probation)
termination period. (c) Prescribed probation treatment and supervision
program;
Section 60 of Parole and Probation Administration (d) Probationer's response to the treatment
Omnibus Rules on Probation Methods and Procedure: The plan/program;
probation supervision period may be terminated on any of (e) Recommendation to discharge the probationer
the following grounds: from probation and the restoration of all his civil
(a) successful completion of probation; rights.
(b) probation revocation for cause under Section 49 Such other relevant and material facts and information
(a-c) of these Rules; which may be required by the Trial Court.
(c) death of the probationer;
(d) early termination of probation; or III. FINAL DISCHARGE
(e) other analogous cause(s) or reason(s) on a case-to- Section 62 of Parole and Probation Administration
case basis as recommended by the probation Omnibus Rules on Probation Methods and Procedure: Final
Office and approved by the trial court. Discharge. - After expiration of the original or extended
probation period and based on due consideration of the POs
Sec 50 of Revised Rules on Probation - After period of final report, the Trial Court may order the final discharge of
probation with satisfactory compliance with condition of the probationer upon finding that he has fulfilled the
probation. probation terms and conditions and, thereupon, the
1. Revocation for case (sec. 40) probation supervision case is deemed terminated.
2. Other ways of terminating of probation:
a. Termination before the expiration of the period Sec 63 of Parole and Probation Administration Omnibus
the court may terminate were the ends of Rules on Probation Methods and Procedure: Legal Effect Of
justice will serve thereby and when the good Discharge
conduct and rehabilitation of the person so 1. Shall restore to him all civil rights lost or suspended
held on probation shall warrant termination. as a result of conviction.
b. Termination of pardon of probation- absolute 2. Fully discharge his liability for any fine as to the
or conditional offense which probation was granted but not civil
c. Deportation of probation- alien liability.
d. Death of probationer 3. The probationer and the probation office shall be
promptly furnished with copies of such
Sec. 51 of Revised Rules on Probation - At least 30 days It is hereby understood that, the probationer's political
before the expiration of the period of probation or unless rights are not lost or suspended even during the probation
otherwise required by the court, the probation officer shall period.
submit a final report (Probation Adm. Form no. 9) to the
court which shall indicate: BALA vs. MARTINEZ
a. The prescribe program of supervision and G.R. No. L-67301 January 29, 1990
response of the probationer to said program
b. A recommendation as to whether the probationer FACTS:
nay be discharge from probation of not. If not Accused Manuel Bala was found guilty beyond
probation officer may recommend modification of reasonable doubt of the crime of falsification of a public or
term. official document defined and penalized under article 172 of
c. Such other information required by the court. the Revised Penal Code, without any mitigating or
aggravating circumstances. Applying the Indeterminate
II. TERMINATION REPORT Sentence Law, he is hereby sentenced to an indeterminate
Section 61 of Parole and Probation Administration penalty of not less than 1 year 1 day and not exceeding 3
Omnibus Rules on Probation Methods and Procedure: years, 6 months & 21 days of prision correccional. The
Termination Report. - The City and Provincial Parole and petitioner seasonably appealed, but the Court of Appeals, on
Probation Office shall submit to the Trial Court a Probation April 9, 1980, affirmed in toto the lower court's decision.
Officer’s Final Report (PPA Form 9) thirty (30) days before After the case had been remanded to the court of origin
for execution of judgment, the petitioner applied for and
 50

was granted probation by the respondent judge in his order he has fulfilled the terms and conditions of his probation and
dated August 11, 1982. The petitioner was then placed under thereupon the case is deemed terminated.
probation for a period of one (1) year, subject to the terms Thus, the expiration of the probation period alone does
and conditions enumerated therein. not automatically terminate probation. Nowhere is the ipso
By the terms of the petitioner's probation, it should facto termination of probation found in the provisions of the
have expired on August 10, 1983, one year after the order probation law. Probation is not coterminous with its period.
granting the same was issued. But, the order of final There must first be issued by the court of an order of final
discharge could not be issued because the respondent discharge based on the report and recommendation of the
probation officer had not yet submitted his final report on probation officer. Only from such issuance can the case of
the conduct of his charge. the probationer be deemed terminated.
On December 8, 1983, the respondent People of the The period of probation may either be shortened or
Philippines, through Assistant City Fiscal Jose D. Cajucom of made longer, but not to exceed the period set in the law.
Manila, filed a motion to revoke the probation of the This is so because the period of probation, like the period of
petitioner before Branch XX of the Regional Trial Court (RTC) incarceration, is deemed the appropriate period for the
of Manila, presided over by the respondent judge. The rehabilitation of the probationer. In the instant case, a
motion alleged that the petitioner had violated the terms review of the records compels a revocation of the probation
and conditions of his probation. without the need of further proceedings in the trial court
On January 4, 1984, the petitioner filed his opposition to which, after all, would only be an exercise in futility. If we
the motion on the ground that he was no longer under render justice now, why should we allow the petitioner to
probation, his probation period having terminated on further delay it. Probationer Manuel Bala failed to reunite
August 10, 1983, as previously adverted to. As such, no valid with responsible society. Precisely he was granted probation
reason existed to revoke the same, he contended. in order to give him a chance to return to the main stream,
As if to confirm the Manila Assistant City Fiscal's motion to give him hope — hope for self-respect and a better life.
to revoke the petitioner's probation, the respondent Unfortunately, he has continued to shun the straight and
probation officer filed on January 6, 1984, a motion to narrow path. He thus wrecked his chance. He has not
terminate Manuel Bala's probation, at the same time reformed.
attaching his progress report on supervision dated January A major role is played by the probation officer in the
5, 1984. The same motion, however, became the subject of a release of the probationer because he (probation officer) is
"Manifestation," dated January 10, 1984, which stated that in the best position to report all information relative to the
the probation officer was not pursuing the motion to conduct and mental and physical condition of the
terminate dated January 6, 1984; instead, he was submitting probationer in his environment, and the existing institutional
a supplemental report 7 which recommended the revocation and community resources that he may avail himself of when
of probation "in the light of new facts, information, and necessary. Indeed, it is the probation officer who primarily
evidences." undertakes the supervision and reform of the probationer
through a personalized, individualized, and community-
ISSUE: Whether or not Bala is already released from based rehabilitation program for a specific period of time.
probation absence of certificate of final discharge and can On the basis of his final report, the court can determine
the court revoke the probation of latter? whether or not the probationer may be released from
probation.
HELD: We find it reprehensible that the respondent probation
The present law on probation, Presidential Decree (P.D.) officer had neglected to submit his report and
1990, which amends section 4 of P.D. 968, clearly states that recommendation. For, as earlier discussed, without this
"no application for probation shall be entertained or granted report, the trial court could not issue the order of final
if the defendant has perfected the appeal from the discharge of the probationer. And it is this order of final
judgment of conviction." discharge which would restore the probationer's suspended
However, in the case at bar, P.D. 1990 is inapplicable. civil rights. In the absence of the order of final discharge, the
P.D. 1990, which went in force on January 15, 1985 cannot be probation would still subsist, unless otherwise revoked for
given retroactive effect because it would be prejudicial to cause and that is precisely what we are going to do. We are
the accused. revoking his probation for cause.
The Court finds no merit in the petition. Probation is The petitioner, by applying for probation and getting it,
revocable before the final discharge of the probationer by consented to be emancipated from the yoke if not stigma of
the court, contrary to the petitioner's submission. a prison sentence, pledging to faithfully comply with the
Section 16 of PD 968 is clear on this score, after the conditions of his probation, among which are:
period of probation and upon consideration of the report and xxx
recommendation of the probation officer, the court may 4. To be gainfully employed and be a
order the final discharge of the probationer upon finding that productive member of society;
 51

xxx (Emphasis supplied.)

6. To cooperate fully with his program of The probation having been revoked, it is imperative that
supervision and rehabilitation that will be the probationer be arrested so that he can serve the
prescribed by the Probation Officer. sentence originally imposed. The expiration of the probation
These conditions, as the records show, were not complied period of one year is of no moment, there being no order of
with. This non-compliance has defeated the very purposes of final discharge as yet, as we stressed earlier. Neither can
the probation law, to wit: there be a deduction of the one year probation period from
(a) promote the correction and rehabilitation of an the penalty of one year and one day to three years, six
offender by providing him with individualized months, and twenty-one days of imprisonment because an
treatment; order placing the defendant on "probation" is not a
(b) provide an opportunity for the reformation of a "sentence," but is in effect a suspension of the imposition of
penitent offender which might be less probable if the sentence. It is not a final judgment but an "interlocutory
he were to serve a prison sentence; and judgment" in the nature of a conditional order placing the
(c) prevent the commission of offenses. convicted defendant under the supervision of the court for
By his actuations, probationer-petitioner Manuel V. Bala his reformation, to be followed by a final judgment of
has ridiculed the probation program. Instead of utilizing his discharge, if the conditions of the probation are complied
temporary liberty to rehabilitate and reintegrate himself as with, or by a final judgment if the conditions are violated."
a productive, law abiding, and socially responsible member Lastly, probation is a mere privilege. Privilege is a
of society, he continued in his wayward ways — falsifying peculiar benefit or immunity conferred by law on a person or
public or official documents. group of persons, not enjoyed by others or by all; special
Specifically, on April 30, 1984, the Regional Trial Court of enjoyment of a good or exemption from an evil; it is a special
Manila, National Capital Judicial Region, Branch XXX, prerogative granted by law to some persons. 14 Accordingly,
convicted the petitioner, along with two other persons, the grant of probation rests solely upon the discretion of the
under Article 172, in relation to Article 171, of the Revised court. This discretion is to be exercised primarily for the
Penal Code, in five separate informations, in Criminal Cases benefit of organized society, and only incidentally for the
Nos. 29100, 29101, 29102, 29103, and 29107. The trial court benefit of the accused. 15 If the probationer has proven to be
imposed upon each of them in all five (5) cases a prison term unrepentant, as in the case of the petitioner, the State is not
of 2 years of prision correccional, as minimum, to 4 years also barred from revoking such a privilege. Otherwise, the
of prison correccional, as maximum. On appeal, the Court of seriousness of the offense is lessened if probation is not
Appeals affirmed the judgment of the RTC with modification revoked.
by granting restitution of the amounts they collected from In the light of all the foregoing and in the interest of the
the offended private parties. The judgment has since expeditious administration of justice, we revoke the
become final. As a matter of fact, for failure of the petitioner probation of the petitioner for violations of the conditions of
to appear for execution of judgment despite notice, the trial his probation, instead of remanding the case to the trial
court ordered the arrest of Manuel Bala on July 10, 1989. A court and having the parties start all over again in needless
warrant of arrest against Bala was issued on July 12, 1989 and protracted proceedings.
this warrant has not yet been implemented because Bala
absconded. These facts are evident and constitute violations IV. CLOSING OF PROBATION CASE
of the conditions of his probation. Thus, the revocation of his
probation is compelling. REVISED RULES ON PROBATION
At any time during the probation, the court
may issue a warrant for the arrest of a SEC 54 ARCHIVING OF CASE - The probation office shall
probationer for violation of any of the formally close the record of probation case upon formal
conditions of probation. The probationer, receipt of the court order finally discharging the probationer.
once arrested and detained, shall Thereafter the case shall be archived- kept for record
immediately be brought before the court purposes.
for a hearing which may be informal and
summary, of the violation charged. ... If the PAROLE AND PROBATION ADMINISTRATION OMNIBUS
violation is established, the court may RULES ON PROBATION METHODS AND PROCEDURE
revoke or continue his probation and
modify the conditions thereof. If revoked, SECTION 64. POINT IN TIME. - After actual receipt of the
the court shall order the probationer to Termination Order finally discharging the probationer, the
serve the sentence originally imposed. An Probation Office shall formally close the probation case and
order revoking the grant of probation or keep clients case file.
modifying the terms and conditions
thereof shall not be appealable. 11
 52

SECTION 65. MODE. - Immediately after such closure of the Section 29 of PD 968 – the penalty imposed 6 months
probation case, the corresponding probation records shall be and one day to 6 years and fined ranging from 600 to 6000
archived, but not after the proper reporting is done. pesos.

V. CONFIDENTIALITY OF PROBATION RECORDS

Section 17 of PD 968. Confidentiality of Records. The
investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged
and shall not be disclosed directly or indirectly to anyone
other than the Probation Administration or the court
concerned, except that the court, in its discretion, may
permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the
best interest of the probationer make 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.

SEC 57 REVISED RULES ON PROBATION

1. Where it can be found?
a. Court concern
b. Office of the chief provincial probation office
assigned in city or province
c. Copies of this record forwarded to regional ppo
and ppa (Central Office)
2. What are these records?
a. petition for probation
b. order or referral for investigation
c. worksheet, waiver, case presentation, or
classification
d. resolve of record check from courts, barangay,
PNP, as well as Case Management and Records
Division, PPA
e. request for courtesy investigation and its result
f. Post- Sentence Investigation Report
g. probation order, denying or granting probation
h. application for modification or revision of
period or condition of probation
i. modification and revision order
j. record of hearing of violation of conditions of
probation
k. revocation or termination order

3. Which records are confidential? Investigation

Report and Supervisory History of Probation.
These are privilege and not accessible except to:
1. Probation Administration
2. Court
3. Probationer or
4. His attorney
5. Government offices or agencies engaged in the
correction and rehabilitation of offender

VI. VIOLATION OF CONFIDENTIALITY

53
 54

CHAPTER V
THE VOLUNTEER PROBATION AIDES (VPA)
Probation Aides shall not receive any regular
CHAPTER CONTENTS compensation for services except for reasonable travel
1. Volunteerisms define allowance. They shall hold office for such period as may be
2. Volunteer Probation Aides (VPA) define determined by the Probation Administrator. Their
3. Qualification of VPA qualifications and maximum case loads shall be provided in
4. Appointment and terms of office of VPA the rules promulgated pursuant to this Decree.
5. Salary of VPA
6. Duties, Function and Responsibilities of VPA D. QUALIFICATIONS
7. Case load limitation of VPA Section 57 of Parole and probation administration
omnibus rules on probation methods and procedure –
SPECIFIC OBJECTIVES a) Must be citizens of good repute and probity.
At the end of this chapter the students should be able b) At least 18 years of age on the date of appointment
to: c) At least high school graduates and
1. define Volunteerisms and Volunteer Probation d) Preferably residence of the same locality or
Aides (VPA); community covering the place of residence of the
2. identify the qualification of VPA; probationer and/or the CPPOs, SPPOs, and SrPPOs,
3. discuss the appointment and terms of office of PPOsII, and PPOsI.
VPA;
4. enumerate the duties of VPA and its case loads Other qualification
limitation. 1. Of sound mind and of good moral character.
2. As adequate and stable income and willing to serve
without any compensation.
3. Has no criminal record of conviction, except those
A. VOLUNTEERISMS define who have shown exemplary may therefore be
It is a strategy by which the parole and probation considered role model to fellow offenders.
administration may be able to generate maximum 4. Has the time to supervise a maximum of 5 clients.
citizen participation or community involvement in the
overall process of client rehabilitation.
E. APPOINTMENT AND TERMS OF
B. VOLUNTEER PROBATION AIDES OFFICE
Sec. 58 of Parole and probation administration omnibus
(VPA) define rules on probation methods and procedure:
VPA are citizen of good standing in the community who a) Probation Aides shall be appointed by the Probation
are volunteer to assist the parole and probation officers in Administrator or through authority delegated to the
the supervision of a number of probationers, parolees, and Regional Directors within their respective areas of
pardonees in tier respective community. responsibility upon the recommendation of the
Since they reside in the same community as the client, CPPOs.
they are able to usher the reformation and rehabilitation of b) Probation Aides so appointed may hold office during
the clients, ands on. good behavior for a period of two (2) years,
renewable at the end of each period; provided, that,
C. LEGAL BASIS the appointing authority may at any time terminate
Section 28 of PD 968. Probation Aides. To assist the the services of Probation Aides for unsatisfactory
Provincial or City Probation Officers in the supervision of performance for at least two (2) consecutive
probationers, the Probation Administrator may appoint semesters as determined by the proper Offices
citizens of good repute and probity to act as probation aides. and/or for other lawful and valid cause(s).
Thereafter, his reinstatement shall be determined by
 55

his display of good behavior as determined by be given to them, the Probation Office should,
collateral informants and the appointing authority. exercise utmost prudence and caution.
b) The maximum supervision caseloads of a Probation
Aide at any given time shall be ten (10) probationers
F. SALARY on minimum case classification or three (3)
VPA shall not receive any regular compensation but probationers on maximum case classification in
entitled to travel allowances allowed under existing addition to other duties.
government rules and regulation.

G. DUTIES OF VPA
1. Assist the Probation Officer in supervision of
probationer
2. Prepare and submit reports and record of his work
as may be required by probation offices
3. Assist the probation officer in mobilization of
community support for probation program

H. FUNCTIONS AND
RESPONSIBILITIES
The functions and responsibilities of a VPA may include:
1. Works in close consultation and coordination with
the chief probation and parole officer (CPPO) and
supervising officer-on-Case (SOC), who will provide
the needed information about the client including
the treatment and supervision plan;
2. Supervise a maximum of five (5) clients and
thereafter yen (10) clients upon re-appointment
subject to the administrative and technical
supervision by the Chief Parole and Probation
Officer (CPPO);
3. Keeps all information about the clients in strict
confidential;
4. Performs such other task related to clients
rehabilitation as may be assigned by the CPPO from
time to time;
5. Prepares records of their activities and accomplish
related reports and prompt submission thereof and
undertake other related activities; and
6. They may be designated to identify, generate, tap
local community resources or conduct such
activities on skills training and sports and cultural
programs for clients.

I. CASE LOAD
Sec. 59 of Parole and probation administration omnibus
rules on probation methods and procedure:
a) In assigning probation supervision caseload(s) to the
Probation Aides, the Probation Offices shall duly
consider their respective qualifications, length of
service, work accomplishments, and other related
criteria. And, as to maximum supervision caseload to
 56

CHAPTER VI
THE PAROLE AND PROBATION ADMINISTRATION

CHAPTER CONTENTS B. FUNCTIONS

1. What is parole and probation and parole To carry out these goals, the Agency through its
administration? network of regional and field parole and probation officers
2. Functions of PPA performs the following functions:
3. The history and Creation of Probation a. To administer the parole and probation system
Administration under PD 968 b. To exercise supervision over parolees, pardonees
4. Qualification and Powers and Duties of the and probationers
following: c. To promote the correction and rehabilitation of
a. Probation administrator, criminal offenders.
b. Assistant probation administrator
c. Regional probation officer
d. Provincial and City Probation Officers C. HISTORY AND THE CREATION OF
5. The Organization Structure of Probation PROBATION ADMINISTRATION
Administration Probation was first introduced in the Philippines during
6. Vision, Mission, Mandate, Goals and the American colonial period (1898–1945) with the
Organizational Values enactment of Act No. 4221 of the Philippine Legislature on
7. Major Rehabilitation Programs of PPA August 7, 1935. This law created a Probation Office under the
Department of Justice. On November 16, 1937, after barely
SPECIFIC OBJECTIVES two years of existence, the Supreme Court of the Philippines
At the end of this chapter the students should be able declared the Probation Law unconstitutional because of
to: some defects in the law's procedural framework.
1. Define PPA and know its functions In 1972, House Bill No. 393 was filed in Congress, which
2. discuss the history and creation of probation would establish a probation system in the Philippines. This
and parole administration under PD 968; bill avoided the objectionable features of Act 4221 that
3. identify the qualification and duties of the struck down the 1935 law as unconstitutional. The bill was
following: passed by the House of Representatives, but was pending in
a. probation administrator; the Senate when Martial Law was declared and Congress
b. assistant probation administrator; was abolished.
c. regional probation officer; and In 1975, the National Police Commission Interdisciplinary
d. provincial and City Probation Officers; drafted a Probation Law. After 18 technical hearings over a
4. Draw the Organization Structure of Probation period of six months, the draft decree was presented to a
Administration selected group of 369 jurists, penologists, civic leaders and
5. identify and understand the vision, mission, social and behavioral scientists and practitioners. The group
mandate, goals and organizational values of overwhelmingly endorsed the establishment of an Adult
PPA; and Probation System in the country.
6. enumerate and discuss the major rehabilitation On July 24, 1976, Presidential Decree No. 968, also
programs of PPA. known as Adult Probation Law of 1976, was signed into Law
by the President of the Philippines.

A. WHAT IS PAROLE AND Section 18 of PD 968. The Probation Administration. There

is hereby created under the Department of Justice an
PROBATION ADMINISTRATION? agency to be known as the Probation Administration herein
The Parole and Probation Administration (Filipino: referred to as the Administration, which shall exercise
Pangasiwaan ng Parol at Probasyon), abbreviated as PPA, is general supervision over all probationers.
an agency of the Philippine government under the The Administration shall have such staff, operating units
Department of Justice responsible for providing a less costly and personnel as may be necessary for the proper execution
alternative to imprisonment of first-time offenders who are of its functions.
likely to respond to individualized community-based
treatment programs.
 57

The startup of the probation system in 1976-1977 was a

massive undertaking during which all judges and
D. POWERS AND DUTIES OF
prosecutors nationwide were trained in probation methods OFFICERS OF PROBATION
and procedures; administrative and procedural manuals
were developed; probation officers recruited and trained, ADINISTRATOR
and the central agency and probation field offices organized A. PROBATION ADMINISTRATOR
throughout the country. Fifteen selected probation officers The Administration shall be headed by the Probation
were sent to United States for orientation and training in Administrator, hereinafter referred to as the Administrator.
probation administration. Upon their return, they were It is appointed by the President of the Philippines.
assigned to train the newly recruited probation officers. He shall hold office during good behavior and shall not
The probation system started to operate on January 3, be removed except for cause. (Section 19 of PD 968:)
1978. As more probation officers were recruited and trained,
more field offices were opened. There are at present 204 The following are the powers and Duties of Probation
field offices spread all over the country, supervised by 15 Administration under Section 19 of PD 968:
regional offices. (a) Act as the executive officer of the Administration;
PAROLE AND PROBATION ADMINISTRATION (b) Exercise supervision and control over all probation
PANGASIWAAN NG PAROL AT PROBASYON officers;
Abbreviation PPA-DOJ (c) Make annual reports to the Secretary of Justice, in
such form as the latter may prescribe, concerning
the operation, administration and improvement of
the probation system;
(d) Promulgate, subject to the approval of the
Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation
process;
(e) Recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Seal of the Parole and Probation Administration Administration and other offices established in this
Agency overview Decree; and
Formed July 24, 1976 (f) Generally, perform such duties and exercise such
Legal Governmental: Government agency powers as may be necessary or incidental to achieve
personality the objectives of this Decree.
Jurisdictional structure
National Philippines B. ASSISTANT PROBATION ADMINISTRATOR
agency Under Section 20 of PD 968 there shall be an
General nature  Law enforcement Assistant Probation Administrator who shall assist the
 Civilian agency Administrator perform such duties as may be assigned
Operational structure to him by the latter and as may be provided by law. In
Headquarters DOJ Agencies Building, NIA Road cor. the absence of the Administrator, he shall act as head of
East Avenue, Diliman, Quezon City the Administration.
Agency Manuel G. Co, Administrator He shall be appointed by the President of the
executive Philippines and shall receive an annual salary of at least
thirty-six thousand pesos.
Parent agency Department of Justice
QUALIFICATIONS:
Under Section 21 of PD 968 to be eligible for
Appointment as Administrator or Assistant Probation
NOTA BENE: Under Executive Order no. 292, entitled “the Administrator one must be:
Administrative Code of 1987”, promulgated on November 1. At least 35 years old
23, 1989, the probation Administration was renamed as 2. Holder of a master degree in criminology, social
“Parole and Probation Administration”. It was given the work correction, penology, psychology,
added function of supervising prisoners who, after serving sociology, public administration , laws, police
part of their sentence in jails are released on parole or are science, police administration or relation field.
granted pardon with parole conditions. 3. 5 years supervisory experience
4. Member of BAR with 7 years supervisory
 58

C. REGIONAL OFFICE; REGIONAL PROBATION OFFICER. 1. He possesses at least a bachelor's degree with a
Under Section 22 of PD 968 the Administration shall major in social work, sociology, psychology,
have regional offices. criminology, penology, corrections, police science,
Such regional offices shall be headed by a Regional administration, or related fields
Probation Officer. 2. He has at least 3 years of experience in work
1. He shall exercise supervision and control over all requiring any of the abovementioned disciplines or
probation officer within his jurisdiction and such 3. A member of the Philippine Bar with at least 3 years
duties as may assigned to him by the Administrator. of supervisory experience.
2. He shall have an annual salary of at least 24,000
pesos. Whenever practicable, the Provincial or City Probation
The Regional Probation Officer shall be assisted by an Officer shall be appointed from among qualified residents
Assistant Regional Probation Officer with an annual salary of the province or city where he will be assigned to work.
of at least 20,000 pesos
N.B. Both were appointed by President of the E. MISCELLANEOUS POWERS UNDER SECTION 24 OF PD
Philippines upon the recommendation of the Secretary of 968.
Justice. They shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and
D. PROVINCIAL AND CITY PROBATION OFFICERS. to take depositions in connection with their duties and
Under Section 22 of PD 968 there shall be at least one functions under this Decree. They shall also have, with
probation officer in each province and city who shall be respect to probationers under their care, the powers of
appointed by the Secretary of Justice upon police officer.
recommendation of the Administrator and in accordance
with civil service law and rules. F. FIELD ASSISTANTS, SUBORDINATE PERSONNEL
The Provincial or City Probation Officer shall receive an Sec. 27. Field Assistants, Subordinate Personnel. —
annual salary of at least 8,400. Provincial or City Probation Officers shall be assisted by such
His duties shall be to: field assistants and subordinate personnel as may be
(a) Investigate all persons referred to him for necessary to enable them to carry out their duties
investigation by the proper court or the effectively.
Administrator;
(b) Instruct all probationers under his supervision of
that of the probation aide on the terms and
E. THE ORGANIZATION STRUCTURE
conditions of their probations; OF PROBATION ADMINISTRATION
(c) Keep himself informed of the conduct and
condition of probationers under his charge and use (See Appendices)
all suitable methods to bring about an improvement The Probation Administration was created by virtue of
in their conduct and conditions; Presidential Decree No. 968, “The Probation Law of 1976”,
(d) Maintain a detailed record of his work and submit to administer the probation system. Under Executive Order
such written reports as may be required by the No. 292, “The Administrative Code of 1987” which was
Administration or the court having jurisdiction over promulgated on November 23, 1989, the Probation
the probationer under his supervision; Administration was renamed “Parole and Probation
(e) Prepare a list of qualified residents of the province Administration” and given the added function of supervising
or city where he is assigned who are willing to act as prisoners who, after serving part of their sentence in jails are
probation aides; released on parole pardon with parole conditions
(f) Supervise the training of probation aides and Effective August 17, 2005, by virtue of a Memorandum
oversee the latter's supervision of probationers; of Agreement with the Dangerous Drugs Board, the
(g) Exercise supervision and control over all field Administration performs another additional function of
assistants, probation aides and other personnel; investigating and supervising first-time minor drug
and offenders who are placed on suspended pursuant to
(h) Perform such duties as may be assigned by the Republic Act No. 9165.
court or the Administration. Probation Administration (EO no. 292 Paroles and
Probation Administration) Line Bureau under the DOJ
Qualifications of Regional, Assistant Regional, Provincial,
and City Probation Officers. (Section 25 of PD 968) A. CENTRAL OFFICE
No person shall be appointed Regional or Assistant 1. OFFICE OF THE ADMINISTRATOR – It acts as the head
Regional or Provincial or City Probation Officer unless: and the executive officer of the PPA.
 59

a. Planning staff – Develops plans, programs and 5. COMMUNITY SERVICES DIVISION (CMSD) – Assist
conducts, research towards economical, efficient in the establishment/development of facilities,
and effective operation and implementation of PD programs and services for the rehabilitation of
no. 968 as amended. probationers/parolees/pardonees utilizing
b. Technical services - It acts as service arm of the community resources, provides technical and
Board of Pardons and Parole in the supervision of consultative services to operating units and offices
parolees and pardoness. of the administration, screens and recommends for
appointment of VPAs.
2. OFFICE OF THE DEPUTY ADMINISTRATOR - One deputy. 1. Community Programs Section
Assist the administrator and performs such duties as 2. Volunteer services Section
may be assigned by the administrator.
6. CASE MANAGEMENT AND RECORDS DIVISION - It
3. STAFF DIVISION provides technical services assistance to field
1. ADMINISTRATIVE DIVISION (AD) – It provides the officers in improving investigation
administration with well-planned, directed and procedures/supervision over probationers and their
coordinated services relating to personnel, records, services to the courts; conducts studies on
supplies and equipment, disbursement, security caseloads, caseworks services and procedures in
and janitor/messengerial services and public case management, maintains central files of records
information dissemination. of petitioners/probationers/parolees/pardonees
1. Personnel Section and establishes linkages with criminal justice pillars
2. Public Information Section for improvement of case load management.
3. Records and Mailing Section
4. Cash Section 7. CLINICAL SERVICES DIVISION (CSD) - Provides the
5. Property Section administration with effective diagnostic/evaluation
6. General Services Section and therapy/management of PPA employees and
their dependents, petitioner, probationers,
2. FINANCIAL MANAGEMENT DIVISION (FMD) - It parolees, pardonees which include psychiatric,
provides financial support to all units of the agency medical, dental, and psychological and social
and implements policies and procedure on financial services.
management in accordance with the government 1. Psychological Services Section
rules and regulations. 2. Social Services Section
1. Accounting Section 3. Medical and Dental Section
2. Budget Section
3. Management Section
B. REGIONAL OFFICES - Regional Probation
and Parole Offices (Dir. II/ Regional Dir.) - It exercise
3. LEGAL AND INSPECTORATE DIVISION (LID) – It
supervision and control over all provincial/city Parole
provides various units of the administration with
and Probation offices within the jurisdiction and
legal advice, prepares opinions on questions of law
that may arise in the implementation of P.D. no. 968 performs such duties as may be assigned by the
administrator.
as amended.
- One Deputy (Dir. I/ Asst. Reg. Dir.)
1. Inspection and Investigation Section
- 15 Regional Office
2. Legal Counseling Section

4. TRAINING DIVISION (TD) - Develops, conducts, C. PROVINCE/CITY OFFICE – It undertakes

monitors and evaluates training programs for the investigation of petitioners for probation referred
improved job performance of the line and staff by the courts for PSIRs; supervise
personnel of the agency, develops modules for probationers/parolees/pardoness and perform such
training of community volunteers, facilities and other duties as may be assigned by the administrator.
monitors attendance of officials and employees in CHIEF PPO ASSISTED BY:
training programs sponsored by the other - Senior Probation and Parole Officer (Sr. PPO)
agencies/organizations. - Probation and Parole Officer II (PPO II)
1. Research Development Section - Parole and Probation Officer I (PPO I)
2. Material Preparation and A/V Section - Clerk II
3. Training Evaluation Section
NOTA BENE: See Appendix for the Organizational Charts
 60

PROBATION ADMINISTRATION – appointed by President -

h\old office during good behavior/ or shall not be remove
G. VISION, MISSION, MANDATE,
without case. GOALS AND ORGANIZATIONAL
Regional Probation Office- appointed by the President upon VALUES
recommendation Secretary of DOJ. It IS Assisted by
Assistant Regional Probation Office I. VISION
A model component of the Philippine Correctional
Provincial or City Probation and Parole Officer- at least one System that shall enhance the quality of life of its clients
in each province or City appointed by secretary of DOJ, upon through multi disciplinary programs and resources, and
recommendation of Probation Administration. efficient organization, and highly professional and
committed workforce in order to promote social justice
Requirement for Regional Probation Office, Assistant RPO, and development.
Provincial or City:
1. A bachelor degree major in social work, sociology, II. MISSION
psychology, criminology, penology, correction, To rehabilitate probationers, parolees and pardonees
police science, police administration or related field and promote their development as integral persons by
with 3 years supervisory experience. utilizing innovative interventions and techniques which
2. member of the BAR with 3 years supervisory respect the dignity of man and recognize his divine
experience destiny.

III. MANDATE
F. PPA FORMS The Parole and Probation Administration is mandated to
PPA TITLE conserve and/or redeem convicted offenders and
FORM prisoners who are under the probation or parole
NO. system.
1 Post-Sentence Investigation Work Sheet
2 Waiver-Cum-Authorization IV. GOALS
3 Post-Sentence Investigation Report The Administration's programs sets to achieve the
5 Monthly Caseload Summary Reports following goals:
7 Request for Outside Travel a. Promote the reformation of criminal offenders and
8 Violation Report reduce the incidence of recidivism, and
9 Probation Officers Final Report b. Provide a cheaper alternative to the institutional
10 Office Order confinement of first-time offenders who are likely
11 Payment Plan to respond to individualized, community-based
14 General Inter-Office Referral treatment programs.
15 Case Classification
16 Supervision Treatment Plan V. ORGANIZATIONAL VALUES (PPA)
17 Supervision Case Notes
A. PERFORMANCE - Efficient and effective
18 Attendance Monitoring Form of Clients
accomplishment of task and targets, beginning with
19 Termination Form
individual officials and throughout all units in the
22 Arrival Report
organizational hierarchy, linked coherently and
23 Certificate of undertaking
progressively toward the agency Mission, Vision and
24 Change of Residence
strategic works.
25 Pre-Parole/Pre-Executive Clemency 1. Teamwork - Working together to achieve shared
Investigation Report goals
26 Certificate of No Pending Case 2. Resourcefulness and Innovativeness -
30 Psychological/Clinical evaluation referral Exploring resources with ingenuity optimizing
32 Follow-up letter opportunities with creativity.
33 Standard Cover Letter
42 Certificate of No Appeal B. PROFESSIONALISM - High level of proficiency on the
resulting from mastery and conscientious application
of appropriate knowledge and skills, honed by sound
judgment, self-discipline and unceasing striving for
 61

excellence, and founded on a code of conduct that pardonees in their respective communities. Since
respects the dignity of clients and fellowmen. they reside in the same community as the client,
1. Role modeling - Serving and inspiring by they are able to usher the reformation and
example. rehabilitation of the clients hands-on.
2. Professional Existence - Achieving high In collaboration with the PPO, the VPA
standards for ethical and quality service helps pave the way for the offender, victim and
C. ACCOUNTABILITY - Inherent obligation of every community to each heal from the harm resulting
official and employees to answer employee to answer from the crime done. They can initiate a circle of
for decisions, actions and result within his/her support for clients and victims to prevent further
authority, including proper and effective utilization crimes, thereby be participants in nation-building.
of resources is support of Agency policies and
programs with timely, complete and accurate C. The THERAPEUTIC COMMUNITY (TC) is a self-help
disclosure in required report. social learning treatment model used in the
1. Responsibility - Achieving expectations, rehabilitation of drug offenders and other clients
answering for results. with behavioral problems. TC adheres to precepts
2. Honesty and Integrity - Being upright and of “right living” - Responsible Love and Concern;
transparent in transaction and relations. Truth and Honesty; the Here and Now; Personal
Responsibility for Destiny; Social Responsibility
(brother’s keeper); Moral Code; Work Ethics and
H. MAJOR REHABILITATION Pride in Quality.
PROGRAMS The Therapeutic Community (TC) is an
environment that helps people get help while
A. RESTORATIVE JUSTICE (RJ) is a philosophy and a helping themselves. It operates in a similar fashion
process whereby stakeholders in a specific offense to a functional family with a hierarchical structure of
resolve collectively how to deal with the aftermath older and younger members. Each member has a
of the offense and its implications for the future. It defined role and responsibilities for sustaining the
is a victim-centered response to crime that provides proper functioning of the TC. There are sets of rules
opportunity for those directly affected by the crime and community norms that members commit to live
- the victim, the offender, their families and the by and uphold upon entry. The primary “therapist”
community - to be directly involved in responding to and teacher is the community itself, consisting of
the harm caused by the crime. Its ultimate objective peers, staff/probation and parole officers and even
is to restore the broken relationships among Volunteer Probation Aides (VPA), who, as role
stakeholders. models of successful personal change, serve as
The Restorative Justice process provides a guides in the recovery process.
healing opportunity for affected parties to facilitate
the recovery of the concerned parties and allow
them to move on with their lives.

B. The VOLUNTEER PROBATION AIDE (VPA)

PROGRAM is a strategy by which the Parole and
Probation Administration may be able to generate
maximum citizen participation or community
involvement. Citizens of good standing in the
community may volunteer to assist the probation
and parole officers in the supervision of a number
of probationers, parolees and conditional
62
 63

CHAPTER VII
PAROLE
It is the release from imprisonment, but without full
CHAPTER CONTENTS: restoration of liberty, as parolee is in custody of the law
although not in confinement.
1. Parole Define
2. Historical Development of Parole
PRE-PAROLE INVESTIGATION
3. Distinction Between Parole and Probation
The Administration has been authorized by the Board to
4. Advantage and Disadvantage of parole conduct pre-parole investigation of deserving city,
5. Prisoners Qualified and Disqualified for provincial and national prisoner confined in the city and
Parole provincial jails, the national penitentiary and penal
6. The Board of Pardon and Parole colonies, whenever their best interests and that of justice
7. The Indeterminate Sentence Law (Act No. will be served thereby, and to submit reports of said
4103) investigation at least 60 days before the expiration of the
8. Implementing Rules and Regulation on minimum sentences of the prisoners concerned.
Parole and Pardon
B. HISTORY OF PAROLE
SPECIFIC OBJECTIVES Parole comes from the French word parole, referring to
At the end of this chapter the students should be "word" as in giving one's word of honor or promise. It has
able to: come to mean an inmate's promise to conduct him or herself
1. define parole and other important terms; in a law-abiding manner and according to certain rules in
2. discuss the historical development of exchange for release. In penal philosophy, parole is part of
the general 19th-century trend in criminology from
parole;
punishment to reformation. Chief credit for developing the
3. differentiates parole from probation;
early parole system is usually given to Alexander
4. identify the advantage and disadvantage Maconochie, who was in charge of the English penal colony
of parole; at Norfolk Island, 1,000 miles off the coast of Australia, and
5. enumerate the prisoners qualified and to Sir Walter Crofton, who directed Ireland's prisons
disqualified for Parole; (Cromwell and del Carmen 1999).
6. identify the composition of the Boards of Alexander Maconochie, a Scottish geographer and
7. explain the important provisions of Act No. captain in the Royal Navy, introduced the modern idea of
4103 (1933) known as the Indeterminate parole when, in 1840, he was appointed superintendent of
Sentence Law; and the British penal colonies in Norfolk Island, Australia. He
developed a plan to prepare them for eventual return to
8. identify important provisions of the
society that involved three grades. The first two consisted of
Implementing Rules and Regulation (IRR)
promotions earned through good behaviour, labour, and
on Parole and Pardon. study. The third grade in the system involved conditional
liberty outside of prison while obeying rules. A violation
would return them to prison and starting all over again
A. WHAT IS PAROLE? through the ranks of the three grade process
Maconochie criticized definite prison terms and
It is the provisional release of a prisoner who agrees to developed a system of rewards for good conduct, labor and
certain conditions prior to the completion of the maximum study. Through a classification procedure he called the mark
sentence period. Originating from the French parole system, prisoners could progress through stages of
("voice", "spoken words"), the term became associated increasing responsibility and ultimately gain freedom. In
during the Middle Ages with the release of prisoners who 1840, he was given an opportunity to apply these principles
gave their word. as superintendent of the Norfolk Island penal settlement in
It is the process of suspending the sentence of a convict the South Pacific. Under his direction, task accomplishment,
after having served the minimum of his sentence without not time served, was the criterion for release. Marks of
granting him pardon, and the prescribing term upon which commendation were given to prisoners who performed
the sentence shall be suspended. their tasks well, and they were released from the penal
colony as they demonstrated willingness to accept society's
rules. Returning to England in 1844 to campaign for penal
 64

reform, Maconochie tried to implement his reforms when he proposed a two-pronged strategy for managing prison
was appointed governor of the new Birmingham Prison in populations and preparing inmates for release:
1849. However, he was unable to institute his reforms there indeterminate sentencing coupled with parole supervision.
because he was dismissed from his position in 1851 on the He was given a chance to put his proposal into practice in
grounds that his methods were too lenient (Clear and Cole 1876 when he was appointed superintendent at a new youth
1997). reformatory, the Elmira Reformatory in New York. He
instituted a system of indeterminacy and parole release, and
Alexander Maconochie is commonly credited as the father of both in the United
He is the Superintendent of the penal colony at Norfolk States. His ideas reflected the tenor of the times - a belief
Island in Australia (1840) who introduced the Mark that criminals could be reformed, and that every prisoner's
System that became the blueprint of modern day parole. treatment should be individualized.
He is considered as the father of modern penology.
Zebulon Brockway
Mark System First Superintendent of Elmira Reformatory in New
A progressive humane system in which a prisoner is York
required to earn a number of marks based on proper He introduced training school type, education for
department, labor and study in order to entitle him for prisoners, solitary confinement for night and congregate
ticket for leave or conditional release which is similar to workshop were adopted, extensive use of parole and
parole. indeterminate sentence.
The Elmira Reformatory (1876 in Elmira, NY)
Walter Crofton attempted to implement First reformatory and considered as the forerunner of
Maconichie's mark system when he became the modern penology because it had all the elements of a
administrator of the Irish Prison System in 1854. Crofton felt modern system.
that prison programs should be directed more toward
reformation, and that "tickets-of-leave" should be awarded On being admitted to Elmira, each inmate (males
to prisoners who had shown definitive achievement and between the ages of sixteen and thirty) was placed in the
positive attitude change. After a period of strict second grade of classification. Six months of good conduct
imprisonment, Crofton began transferring offenders to meant promotion to the first grade - misbehavior could
"intermediate prisons" where they could accumulate marks result in being placed in the third grade, from which the
based on work performance, behavior and educational inmate would have to work his way back up. Continued good
improvement. Eventually they would be given tickets-of- behavior in the first grade resulted in release. Paroled
leave and released on parole supervision. Parolees were inmates remained under the jurisdiction of authorities for an
required to submit monthly reports to the police, and a additional six months, during which the parolee was
police inspector helped them find jobs and generally required to report on the first day of every month to his
oversaw their activities. The concepts of intermediate appointed volunteer guardian (from which parole officers
prisons, assistance and supervision after release were evolved) and provide an account of his situation and conduct
Crofton's contributions to the modern system of parole (Abadinsky 1997). Written reports became required and
(Clear and Cole 1997). were submitted to the institute after being signed by the
By 1865, American penal reformers were well aware parolee's employer and guardian.
of the reforms achieved in the European prison systems, Indeterminate sentencing and parole spread rapidly
particularly in the Irish system. At the Cincinnati meeting of through the United States. In 1907, New York became the
the National Prison Association in 1870, a paper by Crofton first state to formally adopt all the components of a parole
was read, and specific references to the Irish system were system: indeterminate sentences, a system for granting
incorporated into the Declaration of Principles, along with release, post-release supervision and specific criteria for
other such reforms as indeterminate sentencing and parole violation. By 1927, only three states (Florida,
classification for release based on a mark system. Because of Mississippi and Virginia) were without a parole system, and
Crofton's experiment, many Americans referred to parole as by 1942, all states and the federal government had such
the Irish system (Walker 1998). systems (Clear and Cole 1997).
Walter Crofton This differs from amnesty or commutation of sentence
He is the director of the Irish Prison in 1854 who in that parolees are still considered to be serving their
introduced the Irish system that was modified from the sentences, and may be returned to prison if they violate the
Macanochie’s mark system. conditions of their parole. A specific type of parole is medical
parole or compassionate release which is the release of
prisoners on medical or humanitarian grounds. Conditions of
Zebulon Brockway, a Michigan penologist, is given parole often include things such as obeying the law,
credit for implementing the first parole system in the U.S. He refraining from drug and alcohol use, avoiding contact with
 65

the parolee's victims, obtaining employment, and his minimum is released to the
maintaining required contacts with a parole officer. Some sentence. community by the
justice systems, such as the United States federal system, court with conditions
place defendants on supervised release after serving their to follow and is placed
entire prison sentence; this is not the same as parole. In under the supervision
Colorado, parole is an additional punishment after the entire of PO.
prison sentence is served - it is called 'mandatory parole'. Granted by BPP Granted by the court
Parolee Probationer
CREATION OF PAROLE SYSTEM IN THE PHILIPPINES: Parolee supervised by Probationer supervise
It came into existence by the passage of Act 4103 as parole officer by probation officer
amended by Acts 4203 and 4225, otherwise known as the Parole is administered Probation is handled by
Indeterminate Sentence Law, which took effect on Dec. 5, by the Parole Board. the Probation
1933. Board of Pardons and Parole – administers the Parole Administration
system of the country Parole does not Probation is more
restores full civil beneficent because it
C. DISTINCTION BETWEEN PAROLE rights to parolee restores full civil rights
to the probationer
& PROBATION upon termination
These two concepts are sometimes used unlike parole.
interchangeably, but there are substantial differences It is granted more Probation is enjoyed
between the two. Parole is a conditional release from actual than once, depending only once
confinement under sentence of imprisonment, contingent on good behavior
upon future conduct with respect to terms of parole, and the during imprisonment
parolee is subject to future confinement for the un-served Probation is a Convict must serve the
portion of sentence in the event he violates provisions of community-based minimum of his
parole. While probation relates to action taken before prison approach to sentence before the
door is closed, and before final conviction, parole relates to reformation of grant.
action taken after the prison door has been closed, and offenders.
partakes of the nature of pardon, for it suspends execution
of penalty already imposed.
An order placing a defendant on probation is not a final
judgment, but is rather an "interlocutory judgment" in the D. DIFFERENCE BETWEEN PAROLE
nature of a conditional order placing the defendant under AND MANDATORY SUPERVISION
the supervision of the court for his reformation, to be "Mandatory Supervision," is a practice whereby an
followed by a final judgment of discharge, if the conditions inmate is released prior to the completion of their sentence
of probation are complied with, or by a final judgment of due to legal technicalities which oblige the offender justice
sentence if the conditions are violated. system to free them. In some states such as Texas, inmates
The following are the other distinction: are compensated with "good time," which is counted
towards time served. For example, if an inmate served five
PAROLE PROBATION years of a ten year prison term, and also had five years of
Administrative It is a judicial function "good time," they will have completed their sentence "on
function exercised by exercise by the courts. paper," obliging the state to release them unless deemed a
the executive branch threat to society in writing by the parole board. Where
of the government parole is granted or denied at the discretion of a parole
(executive function) board, mandatory supervision does not involve a decision
Granted to a prisoner Granted to an offender making process: one either qualifies for it or does not.
only after he has serve immediately after Mandatory supervision tends to involve stipulations that are
the minimum of his conviction. more lenient than those of parole, and in some cases place
sentence. no obligations at all on the individual being released.
It is an extension of It is substitute for
institutional. It is a imprisonment.
conditional release of Probation is an E. ADVANTAGES AND
a prisoner whereby he alternative to DISADVANTAGES OF PAROLE
is placed under the imprisonment. Instead
supervision of a Parole of being confined in A. ADVANTAGES OF PAROLE
Officer after serving prison, the probationer
 66

Parole is the release of a prisoner who agrees to certain d. His release will not be incompatible with the
conditions upon being released. An advantage of parole is interests and welfare of society.
that it can be used to award prisoners for good behavior
during their sentence. "RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE CASE -
One of the other advantages is the economy factors. AN INMATE'S CASE MAY BE ELIGIBLE FOR REVIEW BY THE
Releasing prisoners on parole can force them to get a job BOARD PROVIDED:
and no longer be a ward of the state. The money from the
prisoner’s job will then pay for state taxes and further help 1. Inmate is serving an indeterminate sentence
out the government. the maximum period of which exceeds one (1)
Another advantage is the thought of parole can cause year;
prisoners to serve their sentence peacefully until they reach 2. Inmate has served the minimum period of the
the point where they can be granted parole. This may lessen indeterminate sentence;
the amount of prison fights and altercations with the guards. 3. Inmate's conviction is final and executor;
Parole is the early release of convicts from prison, prior 4. In case the inmate has one or more co-accused
to the completion of their given sentence. Parole is issued who had been convicted, the director/warden
based on good behavior or the parole board's determination concerned shall forward their prison records
that the convict has been sufficiently reformed to re-enter and carpetas/jackets at the same time.
society. Therein lies its foremost advantage: the provision of 5. Inmate has no pending criminal case; and
fresh opportunity and the chance to start anew for 6. Inmate is serving sentence in the national
criminals. It is also advantageous to the public to reduce the penitentiary, unless the confinement of said
number of people incarcerated, which can cost tens of inmate in a municipal, city, district or provincial
thousands prisoner per year. Furthermore, reducing jail is justified.
incarceration rates is conducive to a free, democratic
society.
G. PRISONERS DISQUALIFIED FOR
B. DISADVANTAGE OF PAROLE PAROLE: (Section 2, Act no. 4103)
Parole involves the risk that the parolee may become a 1. Those persons convicted of offenses punished with
repeat offender (known as recidivism in the criminal justice reclusion perpetua;
field). It also involves the risk that he won't, in fact, be able 2. Those convicted of treason, conspiracy or
to survive on his own upon release, and will fall victim to proposal to commit treason;
chronic unemployment, homelessness, social 3. Those convicted of misprision of treason, rebellion,
maladjustment or substance abuse. Another disadvantage sedition or espionage;
of parole is that it frequently involves the continuation of 4. Those convicted of piracy;
involvement by the criminal justice system (at a financial cost 5. Those who are habitual delinquents;
to the public and to the detriment of individual liberty) in the 6. Those who escaped from confinement or those
parolee's life, because parole is often accompanied by who evaded sentence;
monitoring for a certain period thereafter. 7. Those who were granted conditional pardon and
violated any of the terms thereof;
F. PRISONERS QUALIFIED AND 8. Those whose maximum term of imprisonment does
not exceed 1 year or are with a definite sentence;
DISQUALIFIES FOR PAROLE 9. Those suffering from any mental disorder as
certified by a psychiatric report of the bureau of
A. PRISONERS QUALIFIED correction or national center for mental health;
Unless otherwise disqualified under Sec. 15 of the rules, 10. Those whose conviction is on appeal;
a prisoner shall be eligible for the grant of parole upon 11. Those who have pending criminal case for an
showing that – offense committed while serving sentence.
a. He is confined in a jail or prison to serve an 12. Those convicted of offenses punished with
indeterminate prison sentence, the maximum reclusion perpetua, or whose sentences were
period of which exceeds one year, pursuant to a reduced to reclusion perpetua by reason of
final judgment of conviction; and that Republic Act No. 9346 enacted on June 24, 2006,
b. He has served the minimum period of said sentence amending Republic Act No. 7659 dated January 1,
less the good conduct time allowances (GCTA) 2004; and
earned. 13. Those convicted for violation of the laws on
c. There is a reasonable probability that if released, he terrorism, plunder and transnational crimes."
will become law-abiding; and
 67

Administration as ex-officio member, a sociologist, a

H. BOARD OF PARDONS AND clergyman, an educator, a person with training and
PAROLE experience in correction work, and a member of the
The Board of Pardons and Parole, created by virtue of Philippine Bar; Provided, that one of them is a woman. The
Act No. 4103 (1933) known as the Indeterminate Sentence members of the Board shall be appointed by the President
Law, is an agency under the Department of Justice (DOJ) upon the recommendation of the Secretary and shall hold
tasked to uplift and redeem valuable human resources to office for a term of six (6) years, without prejudice to
economic usefulness and to prevent unnecessary and reappointment.
excessive deprivation of personal liberty by way of parole or In case of vacancy by reason of death, incapacity, resignation
through executive clemency. or removal of any of the Board members, the Secretary shall
have the authority to designate a temporary member
The Board undertakes the following: possessing the qualifications of his predecessor and to serve
1. Looks into the physical, mental and moral records out his unexpired term or until the President shall have
of prisoners who are eligible for parole or any form appointed a regular member to fill the vacancy.
of executive clemency and determines the proper
time of release of such prisoners on parole; SECTION 19. Executive Director and Board Secretary;
2. Assists in the full rehabilitation of individuals on Support Staff.—In the performance of his duties as
parole or those under conditional pardon with Chairman of the Board of Pardons and Parole, the Secretary
parole conditions, by way of parole supervision; shall be assisted by a staff headed by the Executive Director
and, who is at the same time the Secretary of the Board. The
3. Recommends to the President of the Philippines the Executive Director shall be appointed by the President upon
grant of any form of executive clemency to the recommendation of the Secretary. The Executive
prisoners other than those entitled to parole. Director shall receive a monthly salary of thirteen thousand
five hundred pesos.
The Board of Pardons and Parole administers the The Board Secretary shall prepare and keep the minutes of
Parole system of the country. all the board sessions in a book of records kept for the
purpose, as well as all the resolutions and recommendations
A. COMPOSITION OF THE BOARDS OF PARDON AND of the Board on all actions involving parole, pardons and
PAROLE executive clemency to the President; authenticate and/or
attest all minutes, resolutions and recommendations of the
Chairman - Secretary of the DOJ Board; prepare and serve all notices of board meetings or
Ex-Officio - Probation Administrator of the Parole sessions to the members of the Board; prepare an annual
and Probation Administrator report of all resolutions and recommendations for parole or
Members: executive clemency and other reports that the Department
a. Sociologist may require. He shall also perform such other functions as
b. Clergyman/Educator the Board may from time to time assign to him.
c. Psychiatrist SECTION 20. Board Meetings.—The Board shall meet
1. Person qualified for the work by regularly every week, or as the Board may direct, or upon call
training/experience and a member of the by the Chairman/Secretary. The members shall act only as a
Philippine BAR. Board, and every decision of the majority shall be valid as an
act of the Board provided, that the Board may direct a Board
B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE member to prepare and submit a report involving any
OF 1987; [BOOK IV/TITLE III/CHAPTER 6-BOARD OF application for parole, pardon or any request for executive
PARDONS AND PAROLE] clemency for appropriate action by the Board.
SECTION 21. Board Rules and Regulations.—The Board is
CHAPTER 6 hereby authorized to establish and prescribe, subject to the
Board of Pardons and Parole approval of the Secretary, rules and regulations to govern
the proceedings of the Board.
SECTION 17. Board of Pardons and Parole.—The Board of SECTION 22. Indeterminate Sentence Law.—The provisions
Pardons and Parole shall continue to discharge the powers of Act No. 4103, otherwise known as the Indeterminate
and functions as provided in existing law and such additional Sentence Law, as amended, shall continue to apply except
functions as may be provided by law. as otherwise amended, modified or repealed by this Code.

SECTION 18. Board Composition —The Board shall be

composed of the Secretary as Chairman and six (6) members
consisting of: The Administrator of the Parole and Probation
 67

CHAPTER VIII
THE INDETERMINATE SENTENCE LAW (ISLAW)
CHAPTER CONTENTS: SECTION 2. This Act shall not apply to persons convicted of
1. The Indeterminate Sentence Law (Act No. 4103) offenses punished with death penalty or life-imprisonment;
2. Implementing Rules and Regulation on Parole to those convicted of treason, conspiracy or proposal to
and Pardon commit treason; to those convicted of misprision of treason,
3. Factors that the parole board considers for rebellion, sedition or espionage; to those convicted of
eligibility piracy; to those who are habitual delinquents; to those who
have escaped from confinement or evaded sentence; to
those who having been granted conditional pardon by the
SPECIFIC OBJECTIVES
Chief Executive shall have violated the terms thereof; to
At the end of this chapter the students should be those whose maximum term of imprisonment does not
able to: exceed one year, not to those already sentenced by final
1. explain the important provisions of Act No. 4103 judgment at the time of approval of this Act, except as
(1933) known as the Indeterminate Sentence provided in Section 5 hereof. (As amended by Act No. 4225.)
Law; and
SECTION 3. There is hereby created a Board of Pardons and
2. identify important provisions of the Parole to be composed of the Secretary of Justice who shall
Implementing Rules and Regulation (IRR) on be its Chairman, and four members to be appointed by the
Parole and Pardon. President, with the consent of the Commission on
Appointments who shall hold office for a term of SIX YEARS:
Provided, That one member of the board shall be a trained
SOCIOLOGIST, one a CLERGYMAN or EDUCATOR, one
PSYCHIATRIST unless a trained psychiatrist be employed by
ACT NO. 4103 - AN ACT TO PROVIDE the board, and the other members shall be PERSONS
FOR AN INDETERMINATE SENTENCE QUALIFIED FOR SUCH WORK BY TRAINING AND
EXPERIENCE. At least one member of the board shall be a
AND PAROLE FOR ALL PERSONS WOMAN. Of the members of the present board, two shall be
CONVICTED OF CERTAIN CRIMES BY designated by the President to continue until December
thirty, nineteen hundred and sixty-six and the other two shall
THE COURTS OF THE PHILIPPINE continue until December thirty, nineteen hundred and sixty-
nine. In case of any vacancy in the membership of the Board,
ISLANDS; TO CREATE A BOARD OF a successor may be appointed to serve only for the
INDETERMINATE SENTENCE AND TO unexpired portion of the term of the respective members.
(As amended by Republic Act No. 4203, June 19, 1965.)
PROVIDE FUNDS THEREFOR; AND
FOR OTHER PURPOSES. FUNCTIONS AND DUTIES OF THE BOARD OF PARDONS
AND PAROLE
SECTION 1. Hereafter, in imposing a prison sentence for an SECTION 4. The Board of Pardons and Parole is authorized to
offense punished by the Revised Penal Code, or its adopt such rules and regulations as may be necessary for
amendments, the court shall sentence the accused to an carrying out its functions and duties. The Board is
indeterminate sentence the maximum term of which shall empowered to call upon any bureau, office, branch,
be that which, in view of the attending circumstances, could subdivision, agency or instrumentality of the Government
be properly imposed under the rules of the said Code, and for such assistance as it may need in connection with the
the minimum which shall be within the range of the penalty performance of its functions. A majority of all the members
next lower to that prescribed by the Code for the offense; shall constitute a quorum and a majority vote shall be
and if the offense is punished by any other law, the court necessary to arrive at a decision. Any dissent from the
shall sentence the accused to an indeterminate sentence, majority opinion shall be reduced to writing and filed with
the maximum term of which shall not exceed the maximum the records of the proceedings. Each member of the Board,
including the Chairman and the Executive Officer, shall be
fixed by said law and the minimum shall not be less than the
entitled to receive as compensation fifty pesos for each
minimum term prescribed by the same. (As amended by Act
meeting actually attended by him, notwithstanding the
No. 4225.)
provisions of Section two hundred and fifty-nine of the
 68

Revised Administrative Code, and in addition thereto, Board of Indeterminate Sentence may issue a final certificate
reimbursement of actual and necessary travelling expenses of release in his favor, which shall entitle him to final release
incurred in the performance of duties: Provided, however, and discharge.
That the Board meetings will not be more than three times a
week. (As amended by Republic Act No. 4203, June 19, 1965.) SECTION 7. The Board shall file with the court which passed
judgment on the case, and with the Chief of Constabulary, a
SECTION 5. It shall be the duty of the Board of Indeterminate certified copy of each order of conditional or final release
Sentence to look into the physical, mental and moral record and discharge issued in accordance with the provisions of
of the prisoners who shall be eligible to parole and to the next preceding two sections.
determine the proper time of release of such prisoners.
Whenever any prisoner shall have served the minimum SECTION 8. Whenever any prisoner released on parole by
penalty imposed on him, and it shall appear to the Board of virtue of this Act shall, during the period of surveillance,
Indeterminate Sentence, from the reports of the prisoner’s violate any of the conditions of his parole, the Board of
work and conduct which may be received in accordance with Indeterminate Sentence may issue an order for his re-arrest
the rules and regulations prescribed, and from the study and which may be served in any part of the Philippine Islands by
investigation made by the Board itself, that such prisoner is any police officer. In such case the prisoner so re-arrested
fitted by his training for release, that there is a reasonable shall serve the remaining unexpired portion of the maximum
probability that such prisoner will live and remain at liberty sentence for which he was originally committed to prison,
without violating the law, and that such release will not be unless the Board of Indeterminate Sentence shall, in its
incompatible with the welfare of society, said Board of discretion, grant a new parole to the said prisoner. (As
Indeterminate Sentence may, in its discretion, and in amended by Act No. 4225.)
accordance with the rules and regulations adopted
hereunder, authorize the release of such prisoner on parole, SECTION 9. Nothing in this Act shall be construed to impair
upon such terms and conditions as are herein prescribed and or interfere with the powers of the Governor-General as set
as may be prescribed by the Board. The said Board of forth in Section 64(i) of the Revised Administrative Code or
Indeterminate Sentence shall also examine the records and the Act of Congress approved August 29, 1916 entitled “An
status of prisoners who shall have been convicted of any Act to declare the purpose of the people of the United
offense other than those named in Section 2 hereof, and States as to the future political status of the people of the
have been sentenced for more than one year by final Philippine Islands, and to provide a more autonomous
judgment prior to the date on which this Act shall take government for those Islands.”
effect, and shall make recommendation in all such cases to
the Governor-General with regard to the parole of such SECTION 10. Whenever any prisoner shall be released on
prisoners as they shall deem qualified for parole as herein parole hereunder he shall be entitled to receive the benefits
provided, after they shall have served a period of provided in Section 1751 of the Revised Administrative Code.
imprisonment not less than the minimum period for which
they might have been sentenced under this Act for the same Effective on December 5, 1933.
offense.
INDETERMINATE SENTENCE LAW
SECTION 6. Every prisoner released from confinement on
parole by virtue of this Act shall, at such times and in such PRIMER- Instead of imposing a “straight” penalty, the
manner as may be required by the conditions of his parole, court must determine two penalties (maximum and
as may be designated by the said Board for such purpose, minimum)
report personally to such government officials or other
parole officers hereafter appointed by the Board of I. PURPOSE: To uplift and redeem valuable human
Indeterminate Sentence for a period of surveillance material, and prevent unnecessary and excessive
equivalent to the remaining portion of the maximum deprivation of liberty and economic usefulness.
sentence imposed upon him or until final release and Penalties shall not be standardized but fitted as far as is
discharge by the Board of Indeterminate Sentence as herein possible to the individual, with due regard to the
provided. The officials so designated shall keep such records imperative necessity of protecting the social order
and make such reports and perform such other duties (People v. Ducosin, 59 Phil 109).
hereunder as may be required by said Board. The limits of II. COVERAGE
residence of such paroled prisoner during his parole may be A. GENERAL RULE: All persons convicted of certain crimes
fixed and from time to time changed by the said Board in its under Philippine courts
discretion. If during the period of surveillance such paroled B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons
prisoner shall show himself to be a law-abiding citizen and 1. Convicted of offense punishable with death penalty
shall not violate any of the laws of the Philippine Islands, the or life imprisonment
 69

2. Whose maximum term of imprisonment (imposed) 2. MINIMUM TERM: Court has discretion so long as it
does not exceed one year does not exceed the minimum prescribed by the
3. Convicted of treason, conspiracy or proposal to special law
commit treason, misprision of treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
A. IMPLEMENTING RULES AND
6. Who are habitual delinquents REGULATION ON PAROLE AND
7. Who escaped confinement or evaded sentence or
violated the terms of a conditional pardon PARDON – Nov. 26, 2002
8. Persons already sentenced by final judgment at the
time this Act was approved (Dec. 5, 1933) Pursuant to the provisions of Section 4 of Act No. 4103,
III. APPLICATION "The Indeterminate Sentence Law", as amended, the
A. RPC: MIN (NEXT LOWER TO PRESCRIBED) TO MAX following Rules and Regulations are hereby promulgated to
(IMPOSABLE) govern the actions and proceedings of the Board of Pardons
1. Derive MAXIMUM term imposable by applying and Parole:
rules for aggravating (AC) and ordinary mitigating
circumstances (MC) under Art. 64 and for complex I. GENERAL PROVISIONS
crimes under Art. 48 SEC. 1. Policy Objectives - Under the provisions of Act No.
a. No AC or MC: Penalty PRESCRIBED medium 4103, as amended, otherwise known as the "Indeterminate
period Sentence Law", which was approved on December 5, 1933,
b. 1 AC, no MC: Penalty PRESCRIBED maximum it is the function of the Board of Pardons and Parole to uplift
period and redeem valuable human material to economic
c. No AC, 1 MC: Penalty PRESCRIBED minimum usefulness and to prevent unnecessary and excessive
period deprivation of personal liberty by way of parole or through
d. Several ACs and MCs: OFFSET then apply rules executive clemency. Towards this end, the Board
to remainder undertakes the following:
e. No AC, 2 or more MCs: Penalty NEXT LOWER IN 1. Looks into the physical, mental and moral records
DEGREE TO THAT PRESCRIBED of prisoners who are eligible for parole or any form
f. If COMPLEX CRIME (2 or more grave or less of executive clemency and determines the proper
grave felonies OR one offense is a necessary time of release of such prisoners on parole;
means for committing the other): Penalty for 2. Assists in the full rehabilitation of individuals on
the MOST SERIOUS CRIME maximum period parole or those under conditional pardon with
parole conditions, by way of parole supervision;
2. Derive MINIMUM term by getting the penalty one and,
degree lower than the penalty prescribed by the 3. Recommends to the President of the Philippines the
RPC, without regard to its three periods. The court grant of any form of executive clemency to
has discretion to fix as the minimum term any prisoners other than those entitled to parole.
period of imprisonment within that penalty next
lower to the penalty prescribed. SEC. 2. Definition of Terms - As used in these Rules, unless
the context indicates otherwise-
EXCEPTION: WHEN THERE IS A PRIVILEGED a. "Board" refers to the Board of Pardons and Parole;
MITIGATING CIRCUMSTANCE, do NOT follow the b. "Executive Director" refers to the Executive
aforementioned rule. Consider the privileged Director/Secretary of the Board;
mitigating circumstance FIRST before any AC or MC to c. "Administration" refers to the Parole and
get the PENALTY PRESCRIBED and then proceed as Probation Administration;
required by the rule on deriving the minimum term. a. "Administrator" refers to the Administrator of the
Otherwise, the maximum of the ISL will end up being Parole and Probation Administration;
lower than the minimum of the ISL. b. "Regional Director" refers to the Head of the Parole
and Probation Administration in the region;
B. SPL: Min (at least that prescribed) to Max (not exceed c. "Probation and Parole Officer" refers to the
prescribed) Probation and Parole Officer undertaking the
1. MAXIMUM TERM: Court may fix any as long as it supervision of the client;
does not exceed the penalty prescribed by the d. "Director" refers to the Director of the Bureau of
special law Corrections;
e. "Penal Superintendent" refers to the Officer-In-
Charge of the New Bilibid Prison, the Correctional
 70

Institution for Women and the prison and penal the Philippines to a prisoner or to the "Discharge on
farms of the Bureau of Corrections; Parole" issued by the Board;
f. "Warden"refers to the Officer-In-Charge of the t. "Parole Supervision" refers to the
Provincial, City, Municipal or District Jail; supervision/surveillance by a Probation and Parole
g. "Carpeta" refers to the institutional record of an Officer of a parolee/pardonee;
inmate which consists of his mittimus or u. "Summary Report" refers to the final report
commitment order issued by the Court after submitted by the Probation and Parole Officer on
conviction, the prosecutor's information and the his supervision of a parolee/pardonee as basis for
decisions of the trial court and the appellate court, the latter's final release and discharge;
if any; certificate of non-appeal, certificate of v. "Progress Report" refers to the report submitted by
detention and other pertinent documents of the the Probation and Parole Officer on the conduct of
case; the parolee/pardonee while under supervision;
h. "Prison Record" refers to information concerning w. "Infraction Report" refers to the report submitted
an inmate's personal circumstances, the offense he by the Probation and Parole Officer on violations
committed, the sentence imposed, the criminal committed by a parolee/pardonee of the conditions
case number in the trial and appellate courts, the of his release on parole or conditional pardon while
date he commenced serving his sentence, the date under supervision.
he was received for confinement, the place of
confinement, the date of expiration of the SEC. 3. National Prisoner Confined in a Local Jail - The Board
sentence, the number of previous convictions, if may not consider the release on pardon/parole of a national
any, and his behavior or conduct while in prison; prisoner who is serving sentence in a municipal, city, district
i. "Parole" refers to the conditional release of an or provincial jail unless the confinement in said jail is in good
offender from a correctional institution after he has faith or due to circumstances beyond the prisoner's control.
served the minimum of his prison sentence; A national prisoner, for purposes of these rules, is
j. "Executive Clemency" refers to Reprieve, Absolute one who is sentenced to a maximum term of imprisonment
Pardon, Conditional Pardon with or without Parole of more than three (3) years or to a fine of more than five
Conditions and Commutation of Sentence as may thousand pesos (Php. 5,000); or regardless of the length of
be granted by the President of the Philippines; sentence imposed by the court, to one sentenced for
k. "Reprieve" refers to the deferment of the violation of the customs law or other laws within the
implementation of the sentence for an interval of jurisdiction of the bureau of customs or enforceable by it, or
time; it does not annul the sentence but merely to one sentenced to serve two (2) or more prison sentences
postpones or suspends its execution; in the aggregate exceeding the period of three (3) years.
l. "Commutation of Sentence" refers to the reduction
of the duration of a prison sentence of a prisoner; IS NATIONAL PRISONER CONFINED IN A LOCAL
m. "Conditional Pardon" refers to the exemption of an JAIL CAN BE RELEASE ON PARDON/PAROLE?
individual, within certain limits or conditions, from No, unless his confinement in said jail is in good
the punishment which the law inflicts for the faith or due to circumstances beyond the prisoner's
offense he had committed resulting in the partial control.
extinction of his criminal liability; WHO ARE NATIONAL PRISONERS UNDER THE
n. "Absolute Pardon" refers to the total extinction of RULES?
the criminal liability of the individual to whom it is The following are the National Prisoners:
granted without any condition. It restores to the 1. Those WHO IS SENTENCED TO A
individual his civil and political rights and remits the MAXIMUM TERM OF IMPRISONMENT
penalty imposed for the particular offense of which OF MORE THAN THREE (3) YEARS or to
he was convicted; a fine of more than five thousand pesos
o. "Petitioner" refers to the prisoner who applies for (Php. 5,000);
the grant of executive clemency or parole; 2. Those who SENTENCED FOR
p. "Parolee" refers to a prisoner who is released on VIOLATION OF THE CUSTOMS LAW OR
parole; OTHER LAWS WITHIN THE
q. "Pardonee" refers to a prisoner who is released on JURISDICTION OF THE BUREAU OF
conditional pardon; CUSTOMS or enforceable by it,
r. "Client" refers to a parolee/pardonee who is placed regardless of the length of sentence
under supervision of a Probation and Parole Officer; imposed by the Court; and
s. "Release Document" refers to the Conditional 3. Those one sentenced to serve two (2)
Pardon/Absolute Pardon issued by the President of or more prison sentences in the
 71

aggregate exceeding the period of a. the affidavits of at least two (2) responsible
three (3) years. members of the community where the petitioner
resides. The affidavits shall, among others, state
that the petitioner has conducted himself in a moral
SEC. 4. Scope of Authority - The Board may consider the case and law-abiding manner since his release from
of a prisoner for executive clemency or parole only after his prison and shall indicate the petitioner's occupation
case has become final and executory. It will not take action and his social activities including religious
on the petition of a prisoner who has a pending criminal case involvement;
in court or when his case is on appeal. b. the clearances from the National Bureau of
Investigation, the Philippine National Police, the
In case the prisoner has one or more co-accused who had Prosecutor's Office, the Municipal Circuit Trial
been convicted, the Director/Warden concerned shall Court, the Municipal Trial Court, the Municipal Trial
forward their prison records and carpetas at the same time. Court in Cities, the Metropolitan Trial Court and the
Regional Trial Court where petitioner resides;
II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE c. proof of payment of indemnity and/or fine, or in lieu
thereof, certification from the City/Municipal
SEC. 5. Filing of Petition - A formal petition for executive Treasurer or Probation and Parole Officer on his
clemency addressed as follows shall be submitted to the financial condition; and,
Board before the question of said clemency will be d. proof of service of sentence or certificate of Final
considered: Release and Discharge or court's Termination Order
"The President of the Philippines of probation.
Thru: The Chairman
Board of Pardons and Parole SEC. 8. Referral of Petition for Absolute Pardon to a
DOJ Agencies Bldg., NIA Road cor. East Avenue Probation and Parole Officer - Upon receipt of a petition for
Diliman, Quezon City" absolute pardon, the Board shall refer the petition to a
Petitions for parole shall be addressed to the Chairman or to Probation and Parole Officer who shall conduct an
the Executive Director of the Board. investigation on the conduct and activities, as well as the
However, the Board may, motu proprio , consider cases for social and economic conditions, of the petitioner prior to his
parole, commutation of sentence or conditional pardon of conviction and since his release from prison and submit a
deserving prisoners whenever the interest of justice will be report thereof within fifteen (15) days from receipt of the
served thereby. referral.

SEC. 6. Contents of Petition - A petition for parole/executive SEC. 9. Referral of Petition for Executive Clemency/Parole
clemency shall state the name of the prisoner, his age, to Other Government Agencies - A petition for executive
previous criminal record, if any, whether a Filipino citizen or clemency shall be referred by the Board to the Secretary of
an alien and, if a naturalized Filipino, his former nationality National Defense for comment and recommendation if the
and date of naturalization, his previous occupation, place of crime committed by the petitioner is against national
residence, present crime for which he was convicted, the security or public order or law of nations. In case of violation
trial/appellate court, his penalty of imprisonment, fine, of election laws, rules and regulations, a petition for
indemnity and the commencing date thereof, the jail or executive clemency/parole shall be referred to the
prison to which he was committed and/or where he is Commission on Elections for favorable recommendation,
presently confined, the date he was received for provided, however, that regardless of the crime committed,
confinement, the grounds upon which executive clemency is a petition for executive clemency/parole may be referred for
being asked and certification from the trial court that his a pre-parole/executive clemency investigation to a
case is not on appeal. Probation and Parole Officer who shall submit a report on
the behaviour, character antecedents, mental and physical
In addition to the above-mentioned data, a petition for condition of the petitioner within thirty (30) days from
absolute pardon shall be under oath and shall include the receipt of referral, to include the results of the National
date the petitioner was released from prison after service of Bureau of Investigation records check.
sentence or released on parole/pardon or terminated from In case of an alien, the petition shall be referred to the
probation. Department of Foreign Affairs for comment and
recommendation.
SEC. 7. Supporting Documents of Petition for Absolute
Pardon - The petition for absolute pardon shall be III. EXECUTIVE CLEMENCY
accompanied by -
 72

year from the date of their last recommitment to prison or

SEC. 10. Review of Cases for Executive Clemency - Petitions conviction for evasion of service of sentence.
for executive clemency may be reviewed if the prisoners
meet the following minimum requirements : SEC. 12. Transmittal of Carpeta and Prison Record - In
A. For Commutation of Sentence - executive clemency/parole cases, the Director or Warden
1. The prisoner shall have served at least one- concerned shall forward the prison record and carpeta of a
third (1/3) of the minimum of his petitioner at least one (1) month prior to the eligibility for
indeterminate and/or definite sentence or review as specified in Sections 10 and 13 of these Rules.
the aggregate minimum of his The Director or Warden concerned shall also furnish the
indeterminate and/or definite sentences. Board and the Administration on or before the fifth day of
2. At least ten (10) years for prisoners every month, a list of prisoners whose minimum sentences
sentenced to reclusion perpetua or life will expire within ninety (90) days and those who may be
imprisonment for crimes or offenses considered for executive clemency.
committed before January 1, 1994.
3. At least twelve (12) years for prisoners IV. PAROLE
whose sentences were adjusted to a SEC. 13. Review of Cases for Parole - Unless otherwise
definite prison term of forty (40) years in disqualified under Section l5 of these Rules, a case for parole
accordance with the provisions of article 70 of a prisoner shall be reviewed upon a showing that he is
of the revised penal code, as amended. confined in prison or jail to serve an indeterminate sentence,
4. At least fifteen (15) years for prisoners the maximum period of which exceeds one (1) year,
convicted of heinous crimes as defined in pursuant to a final judgment of conviction and that he has
republic act no. 7659 and other special laws served the minimum period of said sentence.
committed on or after January 1, 1994 and
sentenced to one or more reclusion SEC. 14. Grant of Parole - A prisoner may be granted parole
perpetua or life imprisonment whenever the Board finds that there is a reasonable
5. At least twenty (20) years in case of one (1) probability that if released, he will be law-abiding and that
or more death penalty/penalties, which his release will not be incompatible with the interest and
was/were automatically reduced or welfare of society.
commuted to one (1) or more reclusion
perpetua or life imprisonment; SEC. 15. Disqualification for Parole - The following prisoners
B. For Conditional Pardon, the prisoner shall have shall not be granted parole:
served at least one-half (1/2) of the minimum of his a. Those convicted of an offense punished with Death
original indeterminate and/or definite sentence. penalty, Reclusion Perpetua or Life imprisonment;
However, in the case of a prisoner who is convicted b. Those convicted of treason, conspiracy or proposal
of a heinous crime as defined in Republic Act No. to commit treason or espionage;
7659 and other special laws, he shall have served at c. Those convicted of misprision of treason, rebellion,
least one-half (1/2) of the maximum of his original sedition or coup d'etat;
indeterminate sentence before his case may be d. Those convicted of piracy or mutiny on the high
reviewed for conditional pardon. seas or Philippine waters;
C. For Absolute Pardon, after he has served his e. Those who are habitual delinquents i.e. those who,
maximum sentence or granted final release and within a period of ten (10) years from the date of
discharge or court termination of probation. release from prison or last conviction of the crimes
However, the Board may consider a petition for of serious or less serious physical injuries, robbery,
absolute pardon even before the grant of final theft, estafa and falsification, are found guilty of
release and discharge under the provisions of any of said crimes a third time or oftener;
Section 6 of Act No. 4103, as amended, as when the f. Those who escaped from confinement or evaded
petitioner: (1) is seeking an appointive/elective sentence;
public position or reinstatement in the government g. Those who were granted Conditional Pardon and
service; (2) needs medical treatment abroad which violated any of the terms thereof;
is not available locally; (3) will take any government h. Those whose maximum term of imprisonment does
examination; or (4) is emigrating. not exceed one (1) year or those with definite
sentence;
SEC. 11. Prisoners not Eligible for Executive Clemency - i. Those suffering from any mental disorder as
Prisoners who escaped or evaded service of sentence are certified by a government psychiatrist/psychologist;
not eligible for executive clemency for a period of one (1) j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
 73

SEC. 16. Deferment of Parole When Safety of SEC. 21. Factors to be Considered in Petition for Conditional
Prisoner/Victim/Relatives of Victim/Witness Compromised - Pardon, Commutation of Sentence or Parole - The following
If, based on the Pre-Parole Investigation Report conducted factors may be considered by the Board in the grant of
on the prisoner, there is a clear and convincing evidence that conditional pardon, commutation of sentence or parole:
his release on parole will endanger his own life and those of a. the age of the petitioner, the gravity of the offense
his relatives or the life, safety and well-being of the victim, and the manner in which it was committed, and the
his relatives, his witnesses and the community, the release institutional behavior or conduct and previous
of the prisoner shall be deferred until the danger ceases. criminal record, if any;
b. evidence that petitioner will be legitimately
employed upon release;
c. a showing that the petitioner has a place where he
V. PROCEEDINGS OF THE BOARD will reside;
d. availability of after-care services for the petitioner
SEC. 17. Interview of Prisoners - Any Board member or who is old, seriously ill or suffering from a physical
government official authorized by the Board may interview disability;
prisoners confined in prison or jail to determine whether or e. attitude towards the offense and the degree of
not they may be released on parole or recommended for remorse; and,
executive clemency. f. the risk to other persons, including the victim, his
The Board or its authorized representatives shall interview witnesses, his family and friends, or the community
an inmate who was sentenced to Reclusion Perpetua or Life in general, the possibility of retaliation by the victim,
imprisonment, or whose sentence had been commuted his family and friends.
from Death to Reclusion Perpetua.
Before an interview, the Board may require a prisoner SEC. 22. Special Factors - The Board may give special
convicted of a heinous crime as defined under Republic Act consideration to the recommendation for commutation of
No. 7659 and other special laws to undergo sentence or conditional pardon whenever any of the
psychological/psychiatric examination if the prisoner has a following circumstances are present:
history of mental instability, or in any case, if the Board finds a. youthful offenders;
a need for such examination in the light of the nature of the b. prisoners who are sixty (60) years old and above;
offense committed or manner of its commission. c. physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is blind
SEC. 18. Publication of those Eligible for Executive or similar disabilities;
Clemency/Parole - The Board shall cause the publication in a d. serious illness and other life-threatening disease as
newspaper of general circulation the names of prisoners certified by a government physician;
convicted of heinous crimes or those sentenced by final e. those prisoners recommended for the grant of
judgment to Reclusion Perpetua or Life imprisonment, who executive clemency by the trial/appellate court as
may be considered for release on parole or for stated in the decision;
recommendation for absolute or conditional pardon. f. alien prisoners where diplomatic considerations
and amity between nations necessitate review;
SEC. 19. Objections to Petitions - When an objection is filed, g. circumstances which show that his continued
the Board may consider the same by requesting the person imprisonment will be inhuman or will pose a grave
objecting to attach thereto evidence in support thereof. In danger to the life of the prisoner or his co-inmates;
no case, however, shall an objection disqualify from and,
executive clemency/parole the prisoner against whom the h. such other similar or analogous circumstances
objection is filed. whenever the interest of justice will be served
thereby.
SEC. 20. Documents to be Considered - The carpeta and
prison record of the prisoner and other relevant documents,
such as the mittimus or commitment order, prosecutor's FACTORS THAT THE PAROLE BOARD CONSIDERS FOR
information and trial/appellate court's decision of the case ELIGIBILITY
of the prisoner shall be considered by the Board in deciding A common misconception is that just because a
whether or not to recommend executive clemency or to convict is eligible for parole, he will be automatically
grant parole. released and paroled into the community. Equally, just
In case the prisoner has one or more co-accused who had because the convict has served enough of his jail term
been convicted, the Board shall consider at the same time does not mean he will be released without review.
the prison records and carpetas of said co-accused. Neither are accurate. The fact of the matter is that some
 74

inmates (e.g., Charles Manson) are never found suitable confinement, a client shall be placed under the supervision
for parole and will serve the rest of their term inside the of a Probation and Parole Officer so that the former may be
prison walls. guided and assisted towards rehabilitation.
Public safety and assisting the offender in The period of parole supervision shall extend up to the
reintegrating into the community are the most important expiration of the maximum sentence which should appear in
considerations in any parole decision. Is the inmate willing the Release Document, subject to the provisions of Section
and ready to re-enter the community as a law-abiding 6 of Act No. 4103 with respect to the early grant of Final
citizen and contribute to a safer society? Can the inmate’s Release and Discharge.
release back into society harm the general public? All
relevant information is considered. SEC. 28. Form of Release Document - The form of the
The parole board in its decision-making process will Release Document shall be prescribed by the Board and shall
consider the following information and criteria about the contain the latest l"x1" photograph and right thumbprint of
inmate: the prisoner.
1. age,
2. mental stability, SEC. 29. Transmittal of Release Document - The Board shall
3. marital status, send a copy of the Release Document to the prisoner named
4. education or vocational training, therein through the Director of Corrections or Warden of the
5. remorse for the offense, jail where he is confined who shall send a certification of the
6. time served on the current offense, actual date of release of prisoner to the Probation and
7. prior criminal history, Parole Officer.
8. type and severity of offense,
9. behavior, habits, traits, SEC. 30. Initial Report - Within the period prescribed in his
10. rehabilitative efforts/progress, and Release Document, the prisoner shall present himself to the
11. conduct during incarceration. Probation and Parole Officer specified in the Release
Document for supervision.
SEC. 23. Meetings - The Board shall meet in executive session If within forty five (45) days from the date of release from
regularly or upon the call of the Chairman. prison or jail, the parolee/pardonee concerned still fails to
report, the Probation and Parole Officer shall inform the
SEC. 24. Quorum - A majority of all the members of the Board Board of such failure, for appropriate action.
shall constitute a quorum.
SEC. 31. Arrival Report - The Probation and Parole Officer
SEC. 25. Board Action - A majority of the members of the concerned shall inform the Board thru the Technical Service,
Board, constituting a quorum, shall be necessary to Parole and Probation Administration the date the client
recommend the grant of executive clemency or to grant reported for supervision not later than fifteen (15) working
parole; to modify any of the terms and conditions appearing days therefrom.
in a Release Document; to order the arrest and
recommitment of a parolee/pardonee; and to issue SEC. 32. Mandatory Conditions of Supervision - It shall be
certificate of Final Release and Discharge to a mandatory for a client to comply with the terms and
parolee/pardonee. conditions appearing in the release document.
The minutes of the meeting of the Board shall show the
votes of its individual members and the reason or reasons SEC. 33. Review and Modification of Conditions - The Board
for voting against any matter presented for the approval of may, upon the recommendation of the Probation and Parole
the Board. Any dissent from the majority opinion to grant or Officer, revise or modify the terms and conditions appearing
deny parole shall be reduced in writing and shall form part of in the Release Document.
the records of the proceedings.
SEC. 34. Transfer of Residence - A client may not transfer
SEC. 26. Executive Clemency/Parole of An Alien - The Board from the place of residence designated in his Release
may recommend the grant of executive clemency or grant Document without the prior written approval of the
parole to a prisoner who is an alien. In such a case, the alien Regional Director subject to the confirmation by the Board.
who is released on parole or pardon shall be referred to the
Bureau of Immigration for disposition, documentation and SEC. 35. Outside Travel - A Chief Probation and Parole Officer
appropriate action. may authorize a client to travel outside his area of
operational jurisdiction for a period of not more than thirty
VI. PAROLE SUPERVISION (30) days. A travel for more than 30 days shall be approved
by the Regional Director.
SEC. 27. Parole Supervision - After release from
 75

SEC. 36. Travel Abroad and/or Work Abroad - Any parolee or

pardonee under active supervision/surveillance who has no VIII. TERMINATION OF PAROLE AND CONDITIONAL
pending criminal case in any court may apply for overseas PARDON SUPERVISION
work or travel abroad. However, such application for travel
abroad shall be approved by the Administrator and SEC. 44. Certificate of Final Release and Discharge - After
confirmed by the Board. the expiration of the maximum sentence of a client, the
Board shall, upon the recommendation of the Chief
SEC. 37. Death of Client - If a client dies during supervision, Probation and Parole Officer that the client has substantially
the Probation and Parole Officer shall immediately transmit complied with all the conditions of his parole/pardon, issue a
a certified true copy of the client's death certificate to the certificate of Final Release and Discharge to a parolee or
Board recommending the closing of the case. However, in pardonee. However, even before the expiration of
the absence of a death certificate, an affidavit narrating the maximum sentence and upon the recommendation of the
circumstances of the fact of death from the barangay Chief Probation and Parole Officer, the Board may issue a
chairman or any authorized officer or any immediate relative certificate of Final Release and Discharge to a
where the client resided, shall suffice. parolee/pardonee pursuant to the provisions of Section 6 of
Act No. 4103, as amended.
VII. INFRACTION/VIOLATION OF THE TERMS AND The clearances from the police, court, prosecutor's office
CONDITIONS OF THE RELEASE DOCUMENT and barangay officials shall be attached to the Summary
Report.
SEC. 38. Progress Report - When a parolee/pardonee
commits another offense during the period of his parole Sec. 45. Effect of Certificate of Final Release and Discharge
surveillance, and the case filed against him has not yet been - Upon the issuance of a certificate of Final Release and
decided by the court, a Progress Report should be submitted Discharge, the parolee/pardonee shall be finally released and
by the Probation and Parole Officer to the Board. discharged from the conditions appearing in his release
document. However, the accessory penalties of the law
SEC. 39. Report of Parole Infraction/Violation - Any violation which have not been expressly remitted therein shall
of the terms and conditions appearing in his Release subsist.
Document or any serious deviation or non-observance of the
obligations set forth in the parole supervision program shall SEC. 46. Transmittal of Certificate of Final Release and
be immediately reported by his Probation and Parole Officer Discharge - The Board shall forward a certified true copy of
to the Board. The report shall be called Infraction Report the certificate of Final Release and Discharge to the Court
when the client has been subsequently convicted of another which sentenced the released client, the Probation and
crime. Parole Officer who has supervision over him, the client, the
Bureau of Corrections, the National Bureau of Investigation,
SEC. 40. Arrest of Client - Upon receipt of an Infraction the Philippine National Police and the Office of the
Report, the Board may order the arrest or recommitment of President.
the client.
IX. REPEALING AND EFFECTIVITY CLAUSES
SEC. 41. Effect of Recommitment of Client - The client who
is recommitted to prison by the Board shall be made to serve SEC. 47. Repealing Clause - All existing rules, regulations and
the remaining unexpired portion of the maximum sentence resolutions of the Board which are inconsistent with these
for which he was originally committed to prison. Rules are hereby repealed or amended accordingly.

SEC. 42. Cancellation of Pardon/Parole - The Board may SEC. 48. Effectivity Clause - These Rules shall take effect
recommend the cancellation of the pardon or cancel the upon approval by the Secretary of Justice and fifteen (l5)
grant of parole of a client if it finds that material information days after its publication in a newspaper of general
given by said client to the Board, either before or after circulation.
release, was false, or incomplete or that the client had
willfully or maliciously concealed material information from
the Board.

SEC. 43. Review of Case of Recommitted Parolee - The Board

may consider the case of a recommitted parolee for the
grant of a new parole after the latter shall have served one-
fourth (1/4) of the unserved portion of his maximum
sentence.
76
 77

CHAPTER IX
EXECUTIVE CLEMENCY

CHAPTER’S CONTENTS 1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION

1. Executive Clemency Except in cases of impeachment, or as
2. Pardon otherwise provided in this Constitution, the
3. Amnesty President may grant reprieves, commutations, and
4. Reprieved pardons, and remit fines and forfeitures, after
5. Commutation of Sentence conviction by final judgment.
He shall also have the power to grant amnesty
SPECIFIC OBJECTIVE with the concurrence of a majority of all the
At the end of this chapter the students should be able Members of the Congress.
to:
1. define and understand the nature of Executive 2. Section 5, Article IX (Constitutional Commissions-
Clemency; The Commission on Elections)
2. define and understand the concept of the No pardon, amnesty, parole, or suspension of
following executive clemencies: sentence for violation of election rules, and
a. pardon ; regulations shall be granted by the President
b. amnesty ; without a favorable recommendation of the
c. reprieved; and Commission.
d. commutation of sentence;
3. identify the limitations of the pardoning power WHO WILL GRANT EXECUTIVE CLEMECY?
of the president; It is exercise by the President.
4. differentiates pardon to amnesty; Upon the recommendation of the Board of Pardons
5. discuss how executive clemencies are granted. and Parole, s/he can grant pardons, commute sentences, or
defer the implementation of sentences.

EXECUTIVE CLEMENCY BASICS

1. It is discretionary;
2. It may not be controlled by the legislature or
reversed by the courts unless there is violation of
EXECUTIVE CLEMENCY the Constitution; and
3. Executive Clemency must often be requested by
application or petition before it is granted. In most
WHAT IS EXECUTIVE CLEMENCY? jurisdictions, these applications first must be filed
It shall refer to Absolute Pardon, Conditional Pardon with a reviewing agency such as the state board of
with or without Parole conditions and Commutation of pardon and parole before being seen by the
Sentence as may be granted by the President of the appropriate government head.
Philippines upon the recommendation of the Board of
Pardon and Parole. WHY IT IS EXTENDED
It is an act of mercy or leniency from certain In general, Executive Clemency is often extended for
consequences of a criminal conviction, and is exercised by humanitarian reasons, such as to an aged and ill inmate who
the President after receipt of a recommendation from the needs specialized medical care. Inmates who suffer from
BPP. serious, contagious, or life threatening illness or disease and
Executive Clemency under the criminal justice system is those prisoners with severe disability can now be
the act by an executive member of government of extending recommended for executive clemency.
mercy to a convicted individual. In the United States, The condition of the inmate should be certified “under
clemency is granted by a governor for state crimes and by a oath” by a physician of the Bureau of Corrections Hospital
president for federal crimes. Clemency can take one of four and likewise certified under oath by a physician designated
forms: a reprieve, a commutation of sentence, a pardon and by the Department of Health (DOH
amnesty. It is also extended in the following instances:
3. When there is real doubt about the guilt of the
CONSTITUTIONAL BASIS: party.
 78

4. When the sentence given is Apparently excessive "The President of the Philippines
5. When the party is a political or personal friend of the Thru: The Chairman
President. Board of Pardons and Parole
6. To clear the record of some who has demonstrated DOJ Agencies Bldg., NIA Road cor. East Avenue
rehabilitation or public service. Diliman, Quezon City"

FACTORS TO BE CONSIDERED IN PETITION FOR Petitions for parole shall be addressed to the Chairman
CONDITIONAL PARDON, COMMUTATION OF SENTENCE OR or to the Executive Director of the Board.
PAROLE - The following factors may be considered by the However, the Board may, motu proprio , consider cases
Board in the grant of conditional pardon, commutation of for parole, commutation of sentence or conditional pardon
sentence or parole: of deserving prisoners whenever the interest of justice will
a. the age of the petitioner, the gravity of the offense be served thereby.
and the manner in which it was committed, and the
institutional behavior or conduct and previous CONTENTS OF PETITION
criminal record, if any; 1. Name of the prisoner
b. evidence that petitioner will be legitimately 2. Age
employed upon release; 3. Previous criminal record
c. a showing that the petitioner has a place where he 4. Whether a Filipino citizen or an alien and, if a
will reside; naturalized Filipino, his former nationality and date
d. availability of after-care services for the petitioner of naturalization,
who is old, seriously ill or suffering from a physical 5. Previous occupation
disability; 6. Place of residence
e. attitude towards the offense and the degree of 7. Present crime for which he was convicted,
remorse; and, 8. Trial/Appellate court,
f. the risk to other persons, including the victim, his 9. His penalty of imprisonment, fine, indemnity and
witnesses, his family and friends, or the community the commencing date thereof
in general, the possibility of retaliation by the victim, 10. Jail or prison to which he was committed and/or
his family and friends. where he is presently confined
11. Date he was received for confinement
SPECIAL CONSIDERATION TO THE RECOMMENDATION FOR 12. Grounds upon which executive clemency is being
COMMUTATION OF SENTENCE OR CONDITIONAL PARDON asked and certification from the trial court that his
1. youthful offenders; case is not on appeal.
2. prisoners who are sixty (60) years old and above; NOTA BENE: A petition for absolute pardon shall be
3. physical disability such as when the prisoner is under oath and shall include the date the petitioner was
bedridden, a deaf mute, a leper, a cripple or is blind released from prison after service of sentence or
or similar disabilities; released on parole/pardon or terminated from
4. serious illness and other life-threatening disease as probation.
certified by a government physician;
5. those prisoners recommended for the grant of REFERRAL OF PETITION FOR EXECUTIVE
executive clemency by the trial/appellate court as CLEMENCY/PAROLE TO OTHER GOVERNMENT AGENCIES
stated in the decision; a. Secretary of National Defense - If the crime
6. alien prisoners where diplomatic considerations committed by the petitioner is against national
and amity between nations necessitate review; security or public order or law of nations.
7. circumstances which show that his continued b. Commission on Elections - In case of violation of
imprisonment will be inhuman or will pose a grave election laws, rules and regulations.
danger to the life of the prisoner or his co-inmates; c. Department of Foreign Affairs - In case of an alien.
and,
8. such other similar or analogous circumstances PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY
whenever the interest of justice will be served Prisoners who escaped or evaded service of sentence
thereby. are not eligible for executive clemency for a period of one (1)
year from the date of their last recommitment to prison or
FILING OF PETITION conviction for evasion of service of sentence.
A formal petition for executive clemency addressed as
follows shall be submitted to the Board before the question TRANSMITTAL OF CARPETA AND PRISON RECORD
of said clemency will be considered: In executive clemency/parole cases, the Director or
Warden concerned shall forward the prison record and
 79

carpeta of a petitioner at least one (1) month prior to the SECTION 4. OTHER CIRCUMSTANCES
eligibility for review as specified in Sections 10 and 13 of When none of the extraordinary circumstances exist,
these Rules. the Board may nonetheless review and/or recommend to
The Director or Warden concerned shall also furnish the President the grant of executive clemency to a prisoner
the Board and the Administration on or before the fifth day upon any of the following grounds:
of every month, a list of prisoners whose minimum 1. When he is suffering from severe physical disability
sentences will expire within ninety (90) days and those who as when he is a deaf-mute, a leper, a cripple, or is
may be considered for executive clemency. partially blind, etc., as recommended by a physician
of the Bureau of Corrections Hospital and certified
EXCERPTS FROM THE AMENDED GUIDELINES FOR by a physician designated by the Department of
RECOMMENDING EXECUTIVE CLEMENCY, REVISED Health or designated by the Malacañang Clinic
MANUAL, BOARD OF PARDONS AND PAROLE (2006) Director;
3. When he is suffering from serious illness as
SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE recommended by a physician of the Bureau of
CLEMENCY Corrections Hospital and certified by a physician
The Board [of Pardons and Parole] may consider cases designated by the Department of Health or
for executive clemency upon petition, or referral by the designated by the Malacañang Clinic Director;
Office of the President, or motu proprio. 4. Such other circumstances whenever the interest of
justice will be served thereby.
SECTION 3. EXTRAORDINARY CIRCUMSTANCES Provided, that a petition for executive clemency under
The Board shall recommend to the President the grant of this section may be reviewed only if the petitioner meets the
executive clemency when the following extraordinary following minimum requirements:
circumstances are present such that a strict application of
the law will result in manifest injustice: SECTION 5. EXCEPTIONS
1. The trial court or appellate court in its decision Even with the existence of any of the circumstances
recommended the grant of executive clemency for enumerated in Sections 3 and 4, the Board shall not
the prisoner; favorably recommend petitions for executive clemency of
2. Under the peculiar circumstances of the case, the the following prisoners:
penalty imposed is too harsh compared to the crime 1. Those convicted of Evasion of Service of Sentence;
committed; 2. Those who violated the conditions of their
3. Evidence which the court failed to consider, before Conditional Pardon;
conviction, which would have justified an acquittal 3. Those who are habitual delinquents or recidivists;
of the accused; 4. Those convicted of Kidnapping for Ransom;
4. Prisoners who were over nine (9) years old but 5. Those convicted of violation of Republic Act No.
under eighteen (18) years of age at the time of the 6425, as amended, otherwise known as "The
commission of the offense; Dangerous Drugs Act of 1972", or Republic Act 9165,
5. Prisoners who are (70) years old and above who also known as the Dangerous Durgs act of 2002",
have served at least five (5) years of their sentence and other drug related offenses except those
or those whose continued imprisonment is inimical convicted only of use and/or possession of
to their health as recommended by a physician prohibited or regulated drugs;
designated by the Department of Health or 6. Those convicted of offenses committed under the
designated by the Malacañang Clinic Director; influence of drugs;
6. Prisoners who suffer from serious and life- 7. Those whose release from prison would pose a
threatening illness/disease or severe physical threat to the public safety or would constitute a
disability such as those who are totally blind, danger to society; and
paralyzed, bedridden, etc., as recommended by a 8. Those suffering from dementia or insanity.
physician of the Bureau of Corrections Hospital and Above notwithstanding, in view of diplomatic
certified by a physician designated by the considerations and upon recommendation of the
Department of Health or designated by the Department of Foreign Affairs, the grant of executive
Malacañang Clinic Director; clemency may be availed by a foreign prisoner or alien
7. Alien prisoners where diplomatic considerations serving a prison sentence in the Philippines, as an
and amity among nations necessitate review; opportunity for securing the release of Filipino convicts,
8. Such other similar or analogous circumstances if any in the country of the convicted foreigner or alien.
whenever the interest of justice will be served
thereby.
 80

granted without any condition whatsoever and

PARDON restores to the individual his civil rights and remits
the penalty imposed for the particular offense of
which he was convicted.
WHAT IS PARDON?
It is a form of executive clemency granted by the PURPOSE:
President of the Philippines as a privilege to a convict as a 1. To right a wrong
discretionary act of grace. 2. To normalize a tumultuous political situation.
A pardon is the remission of a penalty. It is an act of
grace or forgiveness that relieves the person pardoned from Absolute Pardon is also granted by a President
some or all of the ramifications of lawful punishment. A to an imprisoned president the incumbent has
pardon may be conditional or unconditional. Pardons do not deposed.
erase or seal a conviction; a pardon forgives guilt. It vested Absolute Pardon is granted in order to restore
to the Chief Executive (The President) as a matter of power. full political and civil rights to convicted persons
Pardon is “an act of grace, proceeding from the power who have already served their sentenced and have
entrusted with the execution of the laws, which exempts the reached the prescribed period for the grant of
individual, on whom it is bestowed, from the punishment the Absolute Pardon.
law inflicts for a crime he has committed. It is the private,
though official act of the executive magistrate, delivered to 2. Conditional Pardon-It refers to the exemption of an
the individual for whose benefit it is intended, and not individual, within certain limits or conditions; from
communicated officially to the Court. A pardon is a deed, to the punishment that the law inflicts for the offenses
the validity of which delivery is essential, and delivery is not he has committed resulting in the partial extinction
complete without acceptance.” of his criminal liability. It is also granted by the
Neither the legislative nor the judiciary branch of the President of the Philippines to release an inmate
government has the power to set conditions or establish who has been reformed but is not eligible to be
procedures for the exercise of this Presidential prerogative. released on parole.
When a pardon is granted, the convicted offender is
forgiven the crime and its penalty. A head of state or PARDON DOES NOT EXTINGUISH CIVIL LIABILITIES & IT
government generally grants it when the convicted IS PROSPECTIVE
individual has fulfilled his or her debt to society or is
somehow otherwise worthy of being forgiven the crime. A MONSANTO VS. FACTORAN
pardon does not erase the conviction, but it can in some G.R. NO. 78239 FEBRUARY 9, 1989
jurisdictions remove some of the disqualifications caused by
it. FACTS:
Monsanto was the Asst Treasurer of Calbayug
ABOUT PARDON
1. It is the remission of a penalty.
City. She was charged for the crime of Estafa through
2. It is an act of grace. Falsification of Public Documents. She was found guilty
3. It is may be conditional or unconditional. and was sentenced to jail. She was however granted
4. It does not erase or seal a conviction. pardon by Marcos. She then wrote a letter to the
5. It forgives guilt either from the crime and its Minister of Finance for her to be reinstated to her
penalty. former position since it was still vacant. She was also
6. It is vested to the Chief Executive. requesting for back pays. The Minister of Finance
7. It is the private act but official act of the president. referred the issue to the Office of the President and
8. It is not communicated officially to the Court. Factoran denied Monsanto’s request averring that
9. It is a deed, to the validity of which delivery is
Monsanto must first seek appointment and that the
essential, and delivery is not complete without
acceptance. pardon does not reinstate her former position. Also,
10. Neither the legislative nor the judiciary branch of Monsanto avers that by reason of the pardon, she
the government has the power to set conditions or should no longer be compelled to answer for the civil
establish procedures for the exercise of this liabilities brought about by her acts.
Presidential prerogative.
ISSUE:
TWO TYPES OF PARDON Whether or not Monsanto should be reinstated
1. Absolute Pardon-It refers to the total extinction of to her former post.
the criminal liability of the individual to whom it is HELD:
 81

A pardon looks to the future. It is not cases of impeachment. Subject to the limitations imposed by
retrospective. It makes no amends for the past. It the Constitution, the pardoning power cannot be restricted
affords no relief for what has been suffered by the or controlled by legislative action. It must remain where the
offender. It does not impose upon the government any sovereign authority has placed it and must be exercised by
the highest authority to whom it is entrusted. An absolute
obligation to make reparation for what has been
pardon not only blots out the crime committed, but removes
suffered. “Since the offense has been established by all disabilities resulting from the conviction. In the present
judicial proceedings, that which has been done or case, the disability is the result of conviction without which
suffered while they were in force is presumed to have there would be no basis for disqualification from voting.
been rightfully done and justly suffered, and no Imprisonment is not the only punishment which the law
satisfaction for it can be required.” This would explain imposes upon those who violate its command. There are
why petitioner, though pardoned, cannot be entitled accessory and resultant disabilities, and the pardoning
to receive backpay for lost earnings and benefits. On power likewise extends to such disabilities. When granted
the other hand, civil liability arising from crime is after the term of imprisonment has expired, absolute
governed by the RPC. It subsists notwithstanding pardon removes all that is left of the consequences f
conviction. In the present case, while the pardon extended
service of sentence, or for any reason the sentence is
to respondent Santos is conditional in the sense that “he will
not served by pardon, amnesty or commutation of be eligible for appointment only to positions which a e
sentence. Petitioner’s civil liability may only be clerical or manual in nature involving no money or property
extinguished by the same causes recognized in the Civil responsibility,” it is absolute insofar as it “restores the
Code, namely: payment, loss of the thing due, respondent to full civil and political rights. Upon other hand,
remission of the debt, merger of the rights of creditor the suggestion that the disqualification imposed in par (b) of
and debtor, compensation and novation. sec 94 of CA 357, does not fall within the purview of the
pardoning power of the president, would lead to the
impairment of the pardoning power of the president, not
PARDON – RESTORATION OF CIVIL & POLITICAL RIGHTS contemplated in the Constitution, and would lead
furthermore to the result that there would be no way of
CRISTOBAL VS. LABRADOR restoring the political privilege in a case of this nature except
G.R. No. L-47941, December 7, 1940 through legislative action.

FACTS: LIMITATIONS OF THE PARDONING POWER OF THE

Santos was convicted of the crime of estafa. He was PRESIDENT
given pardon by the president but even prior to his pardon The following are the limitations of the pardoning
he was already holding the position as the municipality power of the President:
president of Malabon notwithstanding his conviction. a. It may not be exercised for offenses in
Cristobal, on the other hand, averred that Santos should be impeachment cases;
excluded from the list of electors in Malabon because he was b. It may be exercised only after conviction by final
already convicted of final judgment “for any crime against judgment except amnesty;
property”. This is pursuant to CA 357 of the New Election c. It may not be exercised over legislative or civil
Code. The lower court presided by Labrador ruled that contempt (as for refusing to answer a proper
Santos is exempt from the provision of the law by virtue of question as a witness in a case);
the pardon restoring the respondent to his “full civil and d. In case of violation of election law or rules and
political rights, except that with respect to the right to hold regulations without favorable recommendations of
public office or employment, he will be eligible for the COMELEC;
appointment only to positions which are clerical or manual e. It cannot be exercised to violation of tax laws.
in nature and involving no money or property f. It cannot absolve convict of civil liability
responsibility.” g. It cannot restore public offices forfeited.

ISSUE: NOTA BENE: The limitations provided under the

Whether or not Santos should not be excluded as Constitution are: (1) No pardon may be granted
an elector. in impeachment cases; (2) No pardon may be granted when
HELD: otherwise provided under the Constitution, specifically Sec.
It should be observed that there are two limitations 5, Article IX-C, which provides that “No pardon, amnesty,
upon the exercise of this constitutional prerogative by the parole or suspension of sentence for violation of elections
Chief Executive, namely: (a) that the power be exercised laws, rules, and regulations shall be granted by the President
after conviction; and (b) that such power does not extend without the favorable recommendation of the [COMELEC]“;
 82

and (3) It may only be granted “after conviction by final under probation simply postpones the judgment of the
judgment”. court temporarily or indefinitely, but the conviction and
liability following it, and the civil disabilities, remain and
WHAT IS THE EFFECT OF PARDON? become operative when judgment is rendered.
While a pardon has generally been regarded as blotting
out the existence of guilt so that in the eye of the law the PARDON – APPLICABLE TO ADMINISTRATIVE CASES
offender is as innocent as though he never committed the
offense, it does not operate for all purposes. The very LLAMAS VS. ORBOS
essence of a pardon is forgiveness or remission of guilt. G.R. NO. 99031, OCTOBER 15, 1991
Pardon implies guilt. It does not erase the fact of the
commission of the crime and the conviction thereof. It does FACTS:
not wash out the moral stain. It involves forgiveness and not
Rodolfo Llamas is the incumbent Vice-governor
forgetfulness.
The better considered cases regard full pardon (at least
of Tarlac, and on March 1, 1991, he assumed office by
one not based on the offender’s innocence) as relieving the virtue of a decision of the Office of the President, the
party from all the punitive consequences of his criminal act, governorship.
including the disqualifications or disabilities based on the Mariano Ocampo III is the incumbent governor
finding of guilt. But it relieves him from nothing more. “To and was suspended from office due to having
say, however, that the offender is a “new man”, and “as been found guilty of having violated the Anti-Graft and
innocent as if he had never committed the offense;” is to Corrupt Practices Act. Oscar Orbos was the Executive
ignore the difference between the crime and the criminal. A Secretary at the time of the petition, and is being
person adjudged guilty of an offense is a convicted criminal, impleaded herein in that official capacity for having
though pardoned; he may be deserving of punishment,
issued, by authority of the President, the assailed
though left unpunished; and the law may regard him as more
dangerous to society than one never found guilty of crime,
Resolution granting executive clemency to Llamas
though it places no restraints upon him following his thus, putting him back to his position as the governor
conviction.” of tarlac. Petitioner contends that executive clemency
A pardon looks to the future. It is not retrospective. It could only be granted to criminal cases and
makes no amends for the past. It affords no relief for what not administrative cases; that there has been no final
has been suffered by the offender. It does not impose upon judgement of the private respondent's motion for
the government any obligation to make reparation for what reconsideration; and that his constitutional rights to
has been suffered. “Since the offense has been established due process were violated.
by judicial proceedings, that which has been done or
suffered while they were in force is presumed to have been
ISSUE:
rightfully done and justly suffered, and no satisfaction for it
can be required.”
1. WON the president has the power to grant
executive clemency in administrative cases.
WHAT IS THE CONSTITUTIONAL BASIS OF PARDON? 2. WON there has been a final judgment.
The power to pardon, which is a form of executive 3. WON the petitioner's constitutional rights
clemency, is given to the President under Section 19, Article were violated.
VII of the Constitution. It reads: Except in cases
of impeachment, or as otherwise provided in this Constitution, HELD:
the President may grant reprieves, commutations, and 1. Yes. The president can grant executive
pardons, and remit fines and forfeitures, after conviction by clemency based in Art. VII sec. 19 of the
final judgment.
constitution. The petitioner's contention that
He shall also have the power to grant amnesty with the
concurrence of a majority of all the members of the
the president may only grant executive
Congress. clemency to criminal cases based on
said provision is untenable because the
HOW IS PARDON DIFFERENT FROM PROBATION? Constitution does not distinguish between
Probation and pardon are not the same. Probation is “a cases executive clemency may be exercised by
disposition under which a defendant, after conviction and the President, with the sole exclusion of
sentence, is released subject to conditions imposed by the impeachment cases. Ubi lexnon distinguit,
court and to the supervision of a probation officer.” necnos distinguire debemos. If the law does
Probation is a part of the judicial power, while pardon is a not distinguish, we must not distinguish. Also a
part of the executive power. The suspension of the sentence
number of laws impliedly or expressly
 83

recognize the exercise of executive clemency

in administrative cases. One example of which
is Sec. 43 of PD 807 which provides that WHAT IS AMNESTY
in meritorious cases, the president may A general pardon extended to a group of persons, such
commute or remove administrative penalties a political offenders purposely to bring about the return of
dissidents to their home and to restore peace and order in
or disabilities issued upon officers and
the community. It Is generally exercised by the Chief
employees in disciplinary cases. Moreover, the Executive with the concurrence of congress.
intent of the constitutional commission is to It is an act of sovereign power granting oblivion or
give the president the power to general pardon for past offense and rarely, if ever, exercised
grant executive clemency and is not be limited in favor of single individual is usually exerted in behalf of
in terms of coverage, except as already certain classes of person who are subjected to trial but not
provided in the constitution. have been convicted.
Therefore SC held that pardon is
applicable to Administrative cases. The SC does NOTA BENE: Amnesty can be availed of before, during and
not clearly see any valid and convincing reason after the trial of the case, even after conviction.
why the President cannot grant executive
clemency in administrative cases. It is a PEOPLE VS. PATRIARCA
G.R. NO. 135457. SEPTEMBER 29, 2000
considered view that if the President can grant
reprieves, commutations and pardons, and
FACTS:
remit fines and forfeitures in criminal cases,
That on or about the 30th day of June, 1987 at
with much more reason can she grant
about 10:00 o'clock in the evening in the Municipality
executive clemency in administrative cases,
of Donsol, Province of Sorsogon, Philippines and within
which are clearly less serious than criminal
the jurisdiction of this Honorable Court, the above-
offenses.
named accused conspiring, confederating and
mutually helping one another, armed with guns,
2. Yes. There has been a final judgment because
forcibly took away ALFREDO AREVALO from his
upon the acceptance of the presidential
residence and brought him to Sitio Abre, Mabini,
pardon, the grantee is deemed to have waived
Donsol, Sorsogon, and did then and there willfully,
any appeal which he may have filed.
unlawfully and feloniously with intent to kill, with
treachery and evident premeditation, attack, assault
3. No. the petitioner's constitutional rights to due
and shoot ALFREDO AREVALO thereby inflicting upon
process was not violated because his being not
him mortal wounds, which directly caused his death to
notified of the subject of pardon is based
the damage and prejudice of his legal heirs.
on the fact that pardon is the private, though
Accused-appellant Jose Patriarca, Jr. appeals
official, act of the executive magistrate,
the decision of the Regional Trial Court at Sorsogon,
delivered to the individual for whose benefit it
Sorsogon, Branch 52, in Criminal Case No. 2773
is intended and not communicated officially
convicting him of murder and sentencing him to
to the court. Thus, said notice is unnecessary
reclusion perpetua. He was also charged with Murder
HOW IS PARDON DIFFERENT FROM COMMUTATION AND for the killing of one Rudy de Borja and a certain Elmer
REPRIEVE? Cadag under Information’s docketed as Criminal Cases
Commutation” is a remission of a part of the Nos. 2665 and 2672, respectively.
punishment; a substitution of a less penalty for the one Accused-appellant applied for amnesty under
originally imposed. Proclamation No. 724 amending Proclamation No. 347,
A “reprieve” or “respite” is the withholding of the dated March 25, 1994, entitled "Granting Amnesty to
sentence for an interval of time, a postponement of Rebels, Insurgents, and All Other Persons Who Have or
execution, a temporary suspension of execution. May Have Committed Crimes Against Public Order,
Other Crimes Committed in Furtherance of Political
Ends, and Violations of the Article of War, and Creating
a National Amnesty Commission." His application was
AMNESTY favorably granted by the National Amnesty Board.
 84

offense, while amnesty is an act of forgetfulness. i.e. it

ISSUE: puts into oblivion the offense of which one is charged so
WON accused be granted an amnesty. that the person as if he had never committed the
offense.
11. As to the Crime committed: Pardon is granted for
HELD:
infractions of the peace of the State while amnesty, for
This Court takes judicial notice of the grant of crimes against sovereignty of the state (ex. political
amnesty upon accused-appellant Jose N. Patriarca, Jr. offense)
Once granted, it is binding and effective. It serves to
put an end to the appeal. Amnesty Pardon
Pardon is granted by the Chief Executive. It is a Granted for political Granted for any offense
private act, which must be pleaded and proved by the offenses
person pardoned, because the courts take no notice Granted to classes of Granted to individuals
thereof; while amnesty by Proclamation of the Chief persons or communities
Executive with the concurrence of Congress is a public May be granted at any Granted after final
act of w/c the courts should take judicial notice. Pardon time conviction
is granted to one after conviction; while amnesty is Need not be accepted Must be accepted
Requires the concurrence Does not need the
granted to classes of person or communities who may
of congress concurrence of congress
be guilty of political offenses, generally before or after
Public act which the court Private act which must be
the institution of the criminal prosecution and may take judicial notice pleaded and proved by the
sometimes after conviction. Pardon looks forward and person pardoned
relieves the offender from the consequences of an Looks backward and puts Looks forward and relieves
offense of which he has been convicted, it abolishes or the offense into oblivion the offender from the
forgives the punishment thus it does not work the consequences of his
restoration of the rights to hold public office or right of offense
suffrage unless such rights be expressly restored by
the 10 terms of the pardon and it in no case exempts ADMISSION OF GUILT
the culprit from the payment of the civil indemnity
imposed upon him by the sentence (Article 36, Revised GAUDENCIO VERA VS. PEOPLE OF THE PHILIPPINES
Penal Code). While amnesty looks backward and AMNESTY – REVERSAL OF THE DOCTRINE HELD IN THE
abolishes and puts into oblivion the offense itself, it so BARRIOQUINTO CASE
overlooks and obliterates the offense with which he is FACTS:
charged that the person released by amnesty stands Vera, together with 92 others were charged for
before the law precisely as though he had committed the crime of kidnapping with murder done against a
no offense." certain Lozaňes. The said crime was committed
allegedly to aid the Japanese occupation. During the
DIFFERENCES BETWEEN AMNESTY AND PARDON hearing, none of the petitioners-defendants admitted
having committed the crime charged. In fact,
7. As to the number of those who can avail: Pardon Gaudencio Vera, the only defendant who took the
includes any crime and is exercised individually by the witness stand, instead of admitting the killing of the
Chief Executive, while amnesty is a blanket pardon
deceased Lozañes, categorically denied it. Hence, the
granted to a group of prisoners, generally political
Amnesty Commission held that it could not take
prisoners.
8. As to the Time to Avail: Pardon is exercised when the cognizance of the case, on the ground that the benefits
person is already convicted, while amnesty maybe given of the Amnesty Proclamation, could be invoked only by
before trial or investigation is done. defendants in a criminal case who, admitting the
9. As to the Consent of Congress: Pardon is granted by the commission of the crime, plead that said commission
Chief Executive and such as private act, which must was in pursuance of the resistance movement and
plead and proved by the person pardoned because the perpetrated against persons who aided the enemy
court takes no choice thereof. While amnesty is by during the Japanese occupation. Consequently, the
proclamation with concurrence of congress, and it is a Commission ordered that the case be remanded to the
public act, which the court should take judicial notice.
court of origin for trial.
10. As to the Effect: Pardon is an act of forgiveness, i.e. it
relieves the offender from the consequences of the
 85

ISSUE: applications were processed and ready for action as of 28

Whether or not the accused can avail of July 1992, and who applied for amnesty under Executive
amnesty sans admission of guilt. Order No. 350 from 28 July 1992 up to 31 December 1992;
WHEREAS, after the lapse of the period for application
for the grant of amnesty under Proclamation Nos. 10 and 10-
HELD:
A, many more rebels and insurgents, who may have
It is rank inconsistency for appellant to justify committed unlawful acts in pursuit of their political beliefs,
an act, or seek forgiveness for an act which, according have returned or expressed their desire and readiness to
to him, he has not committed. Amnesty presupposes return to the fold of the law and join the mainstream of
the commission of a crime, and when an accused Philippine society; and
maintains that he has not committed a crime, he WHEREAS, there is a need for government to act on
cannot have any use for amnesty. Where an amnesty rebel and insurgent returnees’ request for the grant of
proclamation imposes certain conditions, as in this amnesty so that they may live in peace in the pursuit of
case, it is incumbent upon the accused to prove the productive endeavors without prejudice to any legal
existence of such conditions. The invocation of arrangement that may result from a negotiated settlement
which the government is pursuing with the various rebel and
amnesty is in the nature of a plea of confession and
insurgent groups.
avoidance, which means that the pleader admits the NOW, THEREFORE, I, FIDEL V. RAMOS, President of the
allegations against him but disclaims liability therefore Republic of the Philippines, by virtue of the powers vested in
on account of intervening facts which, if proved, would me by Section 19, Article VII of the Constitution, do hereby
bring the crime charged within the scope of the declare and proclaim:
amnesty proclamation. The present rule requires a
previous admission of guilt since a person would not Section 1. Grant of Amnesty. – Amnesty is hereby granted to
need the benefit of amnesty unless he was, to begin all persons who shall apply therefor and who have or may
with, guilty of the offense covered by the have committed crimes, on or before thirty (30) days
proclamation. following the publication of this Proclamation in two (2)
newspapers of general circulation, in pursuit of political
beliefs, whether punishable under the Revised Penal Code or
special laws, including but not limited to the following:
LAW ON AMNESTY
rebellion or insurrection; coup d’etat; conspiracy and
proposal to commit rebellion, insurrection or coup d’etat;
PROCLAMATION NO. 347
disloyalty of public officers or employees; inciting to
GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL
rebellion or insurrection; sedition; conspiracy to commit
OTHER PERSONS WHO HAVE OR MAY HAVE COMMITTED
sedition; inciting to sedition; illegal assembly; illegal
CRIMES AGAINST PUBLIC ORDER, OTHER CRIMES
association; direct assault; indirect assault; resistance and
COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND
disobedience to a person in authority or the agents of such
VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A
person; tumults and other disturbances of public order;
NATIONAL AMNESTY COMMISSION
unlawful use of means of publication and unlawful
utterances; alarms and scandals; illegal possession of
WHEREAS, the peace process, as an anchor of political,
firearms, ammunition or explosives, committed in
economic and social stability and development, has steadily
furtherance of, incident to, or in connection with the crimes
moved forward with the overwhelming acceptance and
of rebellion or insurrection and violations of Articles 59
support of the Filipino people;
(desertion), 62 (absence without leave), 67 (mutiny or
WHEREAS, to enhance and hasten the peace process,
sedition), 68 (failure to suppress mutiny or sedition), 94
there is a need to reintegrate, as soon as possible, all rebels
(various crimes), 96 (conduct unbecoming an officer and a
and insurgents into the mainstream of society under the rule
gentlemen), and 97 (general article) of the Articles of War;
of law, including those who may have committed unlawful
Provided, that the amnesty shall not cover crimes against
acts in furtherance of their respective political beliefs;
chastity and other crimes committed for personal ends.
WHEREAS, the grant of amnesty to those who may have
committed unlawful acts in pursuit of their political beliefs is
Section 2. Effects. – (a) Amnesty under this Proclamation
one of the six paths to the attainment of a just and lasting
shall extinguish any criminal liability for acts committed in
peace as recommended by the National Unification
pursuit of a political belief, without prejudice to the
Commission;
grantee’s civil liability for injuries or damages caused to
WHEREAS, amnesty was proclaimed under
private persons. The grant of amnesty shall also effect the
Proclamation Nos. 10 and 10-A, which proclamations
restoration of civil or political rights suspended or lost by
however extended only to those who applied for amnesty
virtue of criminal conviction.
under Executive Order No. 350, Series of 1989, and whose
 86

(b) The amnesty herein proclaimed shall not ipso facto result be appointed by the President; the Secretary of Justice, the
in the reintegration or reinstatement into the service of Secretary of National Defense and the Secretary of the
former Armed Forces of the Philippines and Philippine Interior and Local Government as ex-officio members.
National Police personnel. Reintegration or reinstatement The amounts necessary for the operational and
into the service shall continue to be governed by existing administrative expenses of the Commission shall be funded
laws and regulations; Provided, however, that the amnesty from the budget of the Office of the President.
shall reinstate the right of AFP and PNP personnel to The term of the Commission shall expire upon the
retirement and separation benefits, if so qualified under completion of its assigned tasks as may be determined by
existing laws, rules and regulations at the time of the the President.
commission of the acts for which amnesty is extended,
unless they have forfeited such retirement and separation Section 5. Who May Apply. – All persons who have or may
benefits for reasons other than the acts covered by this have committed the crimes enumerated in Section 1, within
Proclamation. the period prescribed therein, including those detained,
charged, or convicted for the commission of the same
Section 3. Firearms. – The surrender of firearms, crimes, may apply with the Commission for the grant of
ammunitions and explosives shall not be a condition for amnesty.
amnesty. Applicants for amnesty may surrender their
firearms within sixty (60) days from the effectivity of this Section 6. Application Period. – Applications for the grant of
Proclamation without incurring liability for illegal possession amnesty shall be filed under oath with the Commission
thereof. The Government shall continue to encourage rebels within six (6) months from the effectivity of this
and insurgents to turn-in firearms, ammunition and Proclamation.
explosives which may be in their possession.
Section 7. Effectivity. – This Proclamation shall take effect
Section 4. National Amnesty Commission. – There is hereby upon concurrence by a majority of all the Members of the
created a National Amnesty Commission, hereinafter Congress.
referred to as the Commission, which shall be primarily
tasked with receiving and processing applications for DONE in the City of Manila, this 25th day of March in the year
amnesty, and determining whether the applicants are of Our Lord, Nineteen Hundred and Ninety-Four.
entitled to amnesty under this Proclamation. Final decisions
or determinations of the Commission shall be appealable to
the Court of Appeals. PROCLAMATION NO. 724
Pursuant to its functions, the Commission shall be AMENDING PROCLAMATION NO. 347 DATED MARCH 25,
authorized to: 1995
(a) Administer oaths, summon witnesses and require
the production of documents by subpoena duces WHEREAS, on March 25, 1994, President Fidel V. Ramos
tecum; Provided, that the testimonies of the issued Proclamation No. 347 entitled “Granting Amnesty to
applicant and his witnesses for a grant of amnesty, Rebels, Insurgents, and All Other Persons Who Have or May
and any evidence presented by him before the Have Committed Crimes Against Public Order, Other Crimes
Commission not otherwise, available to the Committed in Furtherance of Political Ends, and Violations of
prosecution, shall not be used as evidence against the Articles of War, and Creating a National Amnesty
the applicant in any other proceeding where the Commission,” which was concurred in by both Houses of
amnesty is not in issue, except for perjury Congress on June 2, 1994 through Concurrent Resolution
committed in so testifying; No. 12 as provided for by the Constitution;
(b) Promulgate rules and regulations subject to the WHEREAS, when the prescribed period for filing of
approval of the President; applications for amnesty lapsed on June 1, 1995, 7,166
(c) Call on any Government office, body, agency, applications were recorded to have been filed with the
instrumentality, council and commission to render National Amnesty Commission and the nineteen (19) Local
assistance in the efficient and effective Amnesty Boards nationwide;
implementation of its functions; WHEREAS, after June 1, 1995, the National Amnesty
(d) Constitute Local Amnesty Boards in such provinces, Commission and its nineteen (19) Local Amnesty Boards
cities, and municipalities as may be necessary; and throughout the country have reported that many other
(e) Perform such other functions necessary for the rebels and insurgents voluntarily returned to the folds of the
proper implementation of this Proclamation as may law and filed applications for amnesty or otherwise
be authorized by the President. expressed their desire to avail of amnesty;
The Commission shall be composed of seven (7) WHEREAS, in the course of processing amnesty
members: a chairperson and three (3) regular members to applications, the National Amnesty Commission has been
 87

constrained to deny amnesty to persons who were found to SEC. 2. Re-opening of Application Period. Applications for
have committed acts/crimes clearly in pursuit of their the grant of amnesty under Proclamation No. 347 dated
political belief because their acts/crimes were committed March 25, 1994, as amended by this Proclamation, shall be
after April 30, 1994 but before June 1, 1995, which is beyond filed with the National Amnesty Commission within ninety
the period of coverage of Proclamation No. 347; or because (90) days from the effectivity of this Proclamation.
they filed their applications beyond the deadline of June 1,
1995; SEC. 3. Effectivity. This Proclamation shall take effect upon
WHEREAS, the sincere desire of the foregoing rebels the concurrence by a majority of all Members of Congress.
and insurgents to return to the folds of the law cannot be DONE in the City of Manila this 17th day of May in the year of
ignored by the Government if it is to pursue a true, Our Lord, Nineteen Hundred and Ninety-Six.
comprehensive, just, and lasting peace;
WHEREAS, by virtue of the General Agreement for
Peace dated October 13, 1995 signed between the
Government and the RAM-SFP-YOU, Proclamation No. 723 COMMUTATION OF
was issued granting amnesty to members and supporters of
the RAM-SFP-YOU and allowing those inadvertently omitted SENTENCE
from the said list to apply individually for amnesty;
WHEREAS, in the interest of equity and justice,
members of rebel groups other than the RAM-SFP-YOU WHAT IS COMMUTATION OF SENTENCE?
should also be entitled to file applications for amnesty after The act of the president changing, reducing or
the lapse of the period for application under Proclamation mitigating a heavier sentence to a lighter one or a longer
No. 347; term into a shorter term. It may alter death sentence to life
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the sentence or life sentence to a term of years.
Republic of the Philippines, by virtue of the powers vested in It does not forgive the offender but merely to reduce
me by Section 19, Article VII of the Constitution, do hereby the penalty pronounce by the court.
declare and proclaim: It is a change of the decision of the court made by the
Chief Executive by reducing the degree of the penalty
SECTION 1. Grant of Amnesty under Proclamation No. inflicted upon the convict, or by decreasing the length of the
347. Section 1 of Proclamation No. 347 is hereby amended as imprisonment of the original sentence.
follows: A commutation of sentence takes place when the
“Section 1. Grant of Amnesty.- Amnesty is hereby granted to sentence, generally one of imprisonment, is reduced to a
all persons who shall apply therefor and who have or may lesser penalty or jail term. This type of clemency does not
have committed crimes, on or before June 1, 1995, in pursuit void the conviction.
of their political beliefs, whether punishable under the
Revised Penal Code or special laws, including but not limited SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR
to the following: rebellion or insurrection; coup d’etat; BY THE CODE:
conspiracy and proposal to commit rebellion, insurrection, 1. When the convict sentenced to death is over 70 years
or coup d’etat; disloyalty of public officers or employees; of age;
inciting to rebellion or insurrection; sedition; conspiracy to 2. When ten justices of the Supreme Court failed to
commit sedition; inciting to sedition; illegal assembly; illegal reach a decision for the affirmation of the death
association; direct assault; indirect assault; resistance and penalty;
disobedience to a person in authority or agents of such
person; tumults and other disturbances of public order; In other cases, the degree of the penalty is reduced from
unlawful use of means of publication and unlawful death to reclusion perpetua.
utterances; alarms and scandals; illegal possession of In Commutation of Sentence consent of the offender is
firearms, ammunitions, and explosives, committed in not necessary. The public welfare, not his consent,
furtherance of, incident to, or in connection with the crimes determines what shall be done.
of rebellion and insurrection; and violations of Articles 59
(desertion), 62 (absence without leave), 67 (mutiny or WHO MAY FILE A PETITION FOR COMMUTATION OF
sedition), 68 (failure to suppress mutiny or sedition), 94 SENTENCE?
(various crimes), 96 ( conduct unbecoming an officer and The Board may review the petition of a prisoner for
gentleman), and 97 (general article) of the Articles of War; commutation of sentence if he/she meets the following
Provided, That the amnesty shall not cover crimes against minimum requirements:
chastity and other crimes for personal ends.” 1. At least one half (1/2) of the minimum of his
indeterminate and/or definite prison term or the
 88

aggregate minimum of his determinate and/or or a commuted sentence, does not negate a sentence unless
prison terms; the reinvestigation shows that the prisoner has been
2. At least ten (10) years for prisoners sentenced to unjustly tried or sentenced.
one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punishable GCTA – is a privilege granted to a prisoner that shall entitle
under Republic Act 7659 and other special laws; him to a deduction of his term of imprisonment.
3. At least twelve (12) years, for prisoners whose
sentences were adjusted to forty (40) years in Under Art.97, RPC, the GCTA are:
accordance with the provisions of Article 70 of the 1. 5 days per month during the first 2 years of
Revised Penal Code, as amended; imprisonment
4. At least fifteen (15) years for prisoners convicted of 2. 8 days per month during the 3rd to 5th years of
heinous crimes as defined in Republic Act 7659 imprisonment
committed on or after January 1, 1994 and 3. 10 days during the following years until the 10th
sentenced to one (1) reclusion perpetua or one (1) years of imprisonment
life imprisonment; 4. 15 days during the 11th and successive years
5. At least seventeen (17) years for prisoners
sentenced to two (2) or more reclusion perpetua or Special Time Allowance for Loyalty (Art. 158, RPC)
life imprisonment even if their sentences were A deduction of 1/5 of the period of the sentence of
adjusted to forty (40) years in accordance with the any prisoner who evaded the service of sentence on the
provision of Article 70 of the Revised Penal Code, as occasion of disorders due to conflagrations, earthquakes, or
amended; other calamities shall be granted if he returns to authorities
6. At least twenty (20) years, for those sentenced to within 48 hours after the president declared that the
death which was automatically commuted or calamity is over.
reduced to reclusion perpetua. - Once granted hall not be revoked.

REPRIEVE
WHAT IS REPRIEVE
Reprieve, in criminal law, the temporary suspension of a
sentence, such as a stay of execution, granted a person
convicted of a capital crime. A reprieve is usually granted by
the sovereign or chief executive and also, in the United
States, by the governor of a state. In some cases it may be
granted by the court that tried the offender.
It is a postponement of sentence or temporary stay of
the execution of sentence especially the execution of the
death sentence. Generally, Reprieve is extended to prisoners
sentenced to death.
The date of execution of sentenced is set back several
days to enable the Chief to study the petition of the
condemned man for commutation of sentenced or pardon.
A reprieve is given to suspend the execution of a
sentence in order to give the prisoner time to find ways to
have it reduced. With respect to capital cases, a reprieve is
given to suspend the execution of the death penalty for a
period of time to consider whether or not it should be
imposed.

PURPOSE OF REPREIVE
The purpose of the reprieve is generally to allow an
investigation into the legality of the conviction or into
alleged newly discovered evidence in favor of the convicted
person. A reprieve delays an execution but, unlike a pardon
89