Ladesma, Glady Mae L.

/CA2

CHAPTER1
INTRODUCTION TO COMMUNITY BASED CORRECTION PROGRAM

I. THE PRESENT PHILIPPINE CORRECTIONAL SET-UP

A. WHAT IS CORRECTION?

Correction is the branch of the administration of CJS charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders. It is also defining as the STUDY OF JAIL OR PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation and reformation of criminals.

Further, it is defining as a GENERIC TERM that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of
alleged offenders.

B. DUAL PURPOSE OF CORRECTIONS

1. To punish and

2. To rehabilitate the offender.

C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

Correction is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field of criminal justice
administration, it utilizes the body of knowledge and practices of the government and the society in general involving
the process of handling individuals who have been convicted of offenses for purposes of crime prevention and control.

Among the five pillars of the criminal justice system, corrections are the least heard, known or understood society
seems to have some reluctance to look at it although its role in the reformation and rehabilitation of offenders cannot
be overemphasized.

Furthermore, jail administration and control in our country is distributed to at least, four agencies:

1. The BUREAU OF CORECTIONS (BUCOR), under the Department of Justice; which has supervision over the national
penitentiary and its penal farms;

2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG; which has the exclusive control over
all city, municipal and district Jails nationwide;

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, among others, youthful
offenders entered in detention centers for juveniles, aside from these,

Other agencies under this pillar are the: (Community Based Correction)

1. The Parole and Probation Administration (PPA) under the Department of Justice (DOJ); and

2. The Board of Pardons and Parole also under the Department of Justice.

NOTA: There are also LOCK-UP JAILS under the Philippine National Police (PNP); this fragmented administration of jails
often creates confusion since many are not aware of this set-up.

Generally, corrections, as a component of the system are responsible for:

1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and others.
2. The PROTECTION of law-abiding members of society by keeping convicted offenders from preying on society.

3. The REFORMATION and rehabilitation of offenders in preparation for their eventual reintegration to the mainstream
of society and helping them lead a normal life after release.

4. The DETERRENCE of crimes, experience in prison and the fear of isolation and denial of liberty will influence inmates
and potential offenders to lead a life not in conflict or afoul with the law.

D. DECONGESTION OF JAILS

There are several laws, decrees and circulars which we implement to decongest our jails. But before we discuss these,
allow me to show you how congested our jails are as far as the national capital region is concerned.

Jail congestion is not a recent phenomenon, nor is it confined in the Philippines alone. Jail congestion is WORLDWIDE.
Some industrialized countries like the United States, experience it, let me cite a few examples: Rikkers Island in New
York is actually an island prison facility. It is overcrowded. To cushion the effect of congestion, two floating dormitories
were constructed to confine offenders therein; in 1995 or four years ago. Director General Keith Hamburger of the
Queensland services commission of Australia reported that congestion is also a problem in his country.

E. LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

1. Presidential Decree No. 603, known as the child and young welfare code, suspends sentence of minor offenders
whose ages range from nine (9) years to under eighteen (18) years and place them in rehabilitation centers under the
supervision of the Department of Social Welfare and Development before they are released to the custody of their
parents or to any responsible person.

2. Batas Pambansa Bilang 85, authorizes the release of a detainee who has undergone preventive imprisonment
equivalent to the maximum imposable sentence for the offense he is charged with’

3. Article 96 of the Revised Penal Code, provides that in meritorious cases, the commutation of the prisoner’s sentence
through presidential action shall be upon the recommendation of the court which imposed the same; and ARTICLE 97,
which provides that a prisoner shall be entitled to a deduction from his prison term for good conduct; and

4. DOJ Memorandum Circular no. 6 which directs all wardens or anyone in-charge of local jails to effect the immediate
transfer of national prisoners to the Bureau of corrections.

5. Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4, 2002) -1st time minor offender
(probation) for use 2 possession only deport

6. Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)

7. Republic Act No. 6036, known as the release on recognizance law, provides for the release of offenders charged with
an offense whose penalty is not more than six (6) months and/or a fine of Two Thousand pesos (2,000) or both, to the
custody of a responsible person in the community, instead of a bail bond;

8. Republic Act No. 6127, fully deducts the period of the offenders’ preventive detention from the sentence imposed by
the courts;

9. Republic Act No. 4103, as amended, creating the Board of Pardons and Parole tasked to look into the physical, mental
and moral record of prisoners to determine who shall be eligible for parole or conditional pardon.

10. Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976. Probation is, of course, a very
important legal instrument that contributes to the decongestion of Philippine jails.
APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

The Philippine Correctional System has two approaches, and these are, the Community based and institution-
based systems.

1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison

The institution-based approaches have three levels and are manned by three different government agencies responsible
for the supervision and control of the numerous institutional facilities nationwide which provide safekeeping and
rehabilitation of inmates, namely:

1. The national prison’s and penal farms under the Department of justice;

2. The provincial and sub-provincial jails under the provincial government; and

3. The City, Municipal and District Jails under the Department of Interior and Local Government.

The Bureau of corrections, headed by a non-uniformed director, under the department of Justice, supervises and
controls the national prisons and penal farms.

2. Non-Institutional Correction or Community-Based Approach- It refers to correctional activities that may take place
within the community or the method of correcting sentenced offenders without having to go to prison.

Not all convicted offenders have to serve their sentence behind bars. Some of them are allowed to stay in the
community, subject to the conditions imposed by the court.

They are either granted probation, parole, conditional pardon or recognizance. The parole and probation Administration
under the Department of Justice is the government agency that supervises the activities of the probationer, parolee and
pardonee and monitors his compliance with conditions imposed.

What is a Community correction?

It is a sanction in which offenders serve some or all their sentence in the community. It is sometimes referred to
as non-institutional corrections. The subfield of corrections in which offenders are supervised and provided services
outside jail or prison.

SUBJECT COVERAGE

1. Probation - One of the most common forms of community correction is probation. Probation can be thought of as a
type of post-trial diversion from incarceration. A term coined by John Augustus, from the Latin verb “probare”- to prove,
to test.

It is a disposition under which a defendant after conviction of an offense, the penalty of which does not exceed 6 years
of imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a
probation officer.

Furthermore, it is defining as a sentence in which the offender, rather than being incarcerated, is retained in the
community under the supervision of a probation agency and required to abide by certain rules and conditions to avoid
incarceration.

2. Diversion – For juvenile offender or CICL

3. Restitution - In recent years it has become increasingly common for jurisdictions to include restitution orders as part
of probation.
Money paid or services provided to victims, their survivors, or to the community by a convicted offender to make up for
the injury inflicted.

4. Halfway houses - Community-based residential facilities that are less secure and restrictive than prison or jail but
provide a more controlled environment than other community correctional programs.

Goal of Halfway House:

The goal of halfway houses is to provide offenders with a temporary period of highly structured and supportive
living so that they will be better prepared to function independently in the community upon discharge.

What is home Confinement?

It is a program that requires offenders to remain in their homes except for approved periods of absence;
commonly used in combination with electronic monitoring. Home confinement is also known as home incarceration,
home detention, and house arrest.

OTHER ASPECTS OF CORRECTIONS

1. Parole - It is the process of suspending the sentence of a convict after having serve the minimum of his sentence
without granting him pardon, and the prescribing term upon which the sentence shall be suspended.

2. Executive Clemency -It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and
Commutation of Sentence as may be granted by the President of the Philippines upon the recommendation of the Board
of Pardon and Parole.

a. Pardon It is a form of executive clemency granted by the President of the Philippines as a privilege to a convict as a
discretionary act of grace. It is an act of grace is extended to prisoners as a matter of right, vested to the Chief Executive
(The President) as a matter of power. Neither the legislative nor the judiciary branch of the government has the power
to set conditions or establish procedures for the exercise of this Presidential prerogative. The following are the two
types of 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.

b. Amnesty - A general pardon extended to a group of persons, such a political offender purposely to bring about the
return of dissidents to their home and to restore peace and order in the community.
c. Commutation of Sentence - An act of the president changing/ reducing a heavier sentence to a lighter one or a longer
term into a shorter term. It may alter death sentence to life sentence or life sentence to a term of years. It does not
forgive the offender but merely to reduce the penalty pronounce by the court.

d. Reprieve - A 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.
Ladesma, Glady Mae L./CA2

CA 2 – NON-INSTITUTIONAL CORRECTIONS (COMMUNITY-BASED CORRECTIONS)

EXECUTIVE CLEMENCY
WHAT IS EXECUTIVE CLEMENCY?
 It is an act of mercy or leniency from certain consequences of a criminal conviction, and is exercised by the
President after receipt of a recommendation from the BPP.
 Executive Clemency under the criminal justice system is the act by an executive member of government of
extending mercy to a convicted individual. In the United States, clemency is granted by a governor for state
crimes and by a president for federal crimes. Clemency can take one of four forms: a reprieve, a commutation of
sentence, a pardon and amnesty.
 It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and Commutation of
Sentence as may be granted by the President of the Philippines upon the recommendation of the Board of
Pardon and Parole.

CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of
the Congress.

2. Section 5, Article IX (Constitutional Commissions - The Commission on Elections)

No pardon, amnesty, parole, or suspension of sentence for violation of election rules, and regulations
shall be granted by the President without a favorable recommendation of the Commission.

WHO WILL GRANT EXECUTIVE CLEMECY?

 It is exercise by the President.
 Upon the recommendation of the Board of Pardons and Parole, s/he can grant pardons, commute
sentences, or defer the implementation of sentences.
WHY IT IS EXTENDED
In general, Executive Clemency is often extended for humanitarian reasons, such as to an aged and ill inmate
who needs specialized medical care. Inmates who suffer from serious, contagious, or life-threatening illness or disease
and those prisoners with severe disability can now be recommended for executive clemency.

The condition of the inmate should be certified “under oath” by a physician of the Bureau of Corrections
Hospital and likewise certified under oath by a physician designated by the Department of Health (DOH).

It is also extended in the following instances:

a. When there is real doubt about the guilt of the party

b. When the sentence given is apparently excessive
c. When the party is a political or personal friend of the President
d. To clear the record of some who has demonstrated rehabilitation or public service.
FACTORS TO BE CONSIDERED IN PETITION FOR CONDITIONAL PARDON, COMMUTATION OF SENTENCE OR PAROLE
1. The age of the petitioner, the gravity of the offense and the manner in which it was committed, and the
institutional behavior or conduct and previous criminal record, if any;
2. Evidence that petitioner will be legitimately employed upon release;
3. A showing that the petitioner has a place where he will reside;
4. Availability of after-care services for the petitioner who is old, seriously ill or suffering from a physical disability;
 5. Attitude towards the offense and the degree of remorse; and,
6. The risk to other persons, including the victim, his witnesses, his family and friends, or the community in
general, the possibility of retaliation by the victim, his family and friends.
SPECIAL CONSIDERATION TO THE RECOMMENDATION FOR COMMUTATION OF SENTENCE OR CONDITIONAL PARDON
1. Youthful offenders;
2. Prisoners who are sixty (60) years old and above;
3. Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind or similar
disabilities;
4. Serious illness and other life-threatening disease as certified by a government physician;
5. Those prisoners recommended for the grant of executive clemency by the trial/appellate court as stated in the
decision;
6. Alien prisoners where diplomatic considerations and amity between nations necessitate review;
7. Circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to the
life of the prisoner or his co-inmates; and,
8. Such other similar or analogous circumstances whenever the interest of justice will be served thereby.
FILING OF PETITION
 A formal petition for executive clemency shall be submitted to the Board before the question of said clemency
will be considered
 Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board
 However, the Board may, motu proprio, consider cases for parole, commutation of sentence or conditional
pardon of deserving prisoners whenever the interest of justice will be served thereby.

Note: A petition for absolute pardon shall be under oath and shall include the date the petitioner was released from
prison after service of sentence or released on parole/pardon or terminated from probation.

REFERRAL OF PETITION FOR EXECUTIVE CLEMENCY/PAROLE TO OTHER GOVERNMENT AGENCIES

a. Secretary of National Defense - If the crime committed by the petitioner is against national security or public
order or law of nations.
b. Commission on Elections - In case of violation of election laws, rules and regulations.
c. Department of Foreign Affairs - In case of an alien.

PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY

Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a period of one
(1) year from the date of their last recommitment to prison or conviction for evasion of service of sentence.

TRANSMITTAL OF CARPETA AND PRISON RECORD

In executive clemency/parole cases, the Director or Warden concerned shall forward the prison record and
carpeta of a petitioner at least one (1) month prior to the eligibility for review as specified in Sections 10 and 13 of these
Rules.

The Director or Warden concerned shall also furnish the Board and the Administration on or before the fifth day
of every month, a list of prisoners whose minimum sentences will expire within ninety (90) days and those who may be
considered for executive clemency.
EXECUTIVE ORDER NO. 292
[BOOK IV/TITLE III/CHAPTER 6-BOARD OF PARDONS AND PAROLE]
SECTION 18. Board Composition. —The Board shall be composed of the:

1. Secretary as Chairman;
2. The Administrator of the Parole and Probation Administration as ex-officio member;
3. A Sociologist;
4. A Clergyman;
5. An Educator;
6. A Person with training and experience in correction work; and
7. A member of the Philippine Bar;
8. Provided, that one of them is a woman. The members of the Board shall be appointed by the President upon the
recommendation of the Secretary and shall hold office for a term of six (6) years, without prejudice to
reappointment.

AMENDED GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY, REVISED MANUAL, BOARD OF PARDONS AND
PAROLE (2006)

Republic of the Philippines

Department of Justice

BOARD OF PARDONS AND PAROLE

DOJ Agencies Bldg., NIA Rd., Cor. East Ave., Diliman, Quezon City
RESOLUTION NO. 24-4-10
RE: Amending and Repealing Certain Rules and Sections of the Rules on Parole and Amended Guidelines for
Recommending Executive Clemency of the 2006 Revise Manual of the Board of Pardons and Parole
WHEREAS, Section 19, Article VII of the 1987 Philippine Constitution provides that the President, except in cases of
impeachment or as otherwise provided therein, may grant reprieves, communications and pardons, and remit fines and
forfeitures, after conviction by the final judgment;

WHEREAS, in accordance with the above-cited constitutional provision, the President has the plenary power to grant
executive clemency, except on the following three (3) constitutional limitations to wit:

1. In cases of impeachment;
2. In cases involving of election laws, rules and regulations as provided for in Section 5, Paragraph C, Article
IX of the 1987 Philippine Constitution without the favorable recommendation of the Commission on
Elections; and
3. In cases where the conviction is on appeal or has not become final and executor;

WHEREAS, the eight (8) disqualifications or exceptions enumerated and provided for in Section 5 of the Amended
Guidelines for Recommending Executive Clemency of the 2006 BPP Revised Manual are not in consonance with the
provisions of Section 19, Article VII of the 1987 Philippine Constitution, constitute as limitations on the pardoning power
of the President, and violate the time-honored principle of equal protection of the laws enshrined in the Bill of Rights,
thus defeating the primary purpose of restorative justice;

WHEREAS, Section 5, Paragraph a, b, c, d, e, f, g, and h of the Amended Guidelines for Recommending Executive
Clemency discriminates against certain criminal offenders and denies them equal opportunity for executive clemency;

WHEREAS, under Section 3 of Republic Act No. 9346, otherwise known as "An Act Prohibiting the Imposition of Death
Penalty in the Philippines", enacted on June 24, 2006, persons convicted of offenses punished with reclusion perpetua,
or whose sentences were reduced to reclusion perpetua by reason of this Act shall not be eligible for parole under Act
No. 4103, otherwise known as "The Indeterminate Sentence Law", as amended;

WHEREAS, under Executive Order No. 83 dated January 11, 1937, the Board of Pardons and Parole is mandated to assist
the President in exercising the power of executive clemency; and

WHEREAS, pursuant to the mandate of the law to redeem and uplift valuable human resources and prevent excessive
deprivation of liberty, there is a need to provide opportunities to qualified and deserving inmates in order to ease
congestion now plaguing the correctional institutions.

WHEREFORE, premises considered, the Board resolves, as it is hereby Resolved, to AMEND and REPEAL the following
provisions of the Rules on Parole and the Amended Guidelines for Recommending Executive Clemency of the 2006 BPP
Revised Manual:

I. Rule 2.1. of the Rules on Parole is hereby AMENDED to read as follows:

"RULE 2.1. Eligibility for Review of a Parole Case - an inmate's case may be eligible for review by the board provided:

1. Inmate is serving an indeterminate sentence the maximum period of which exceeds one
(1) year;

2. Inmate has served the minimum period of the indeterminate sentence;

3. Inmate's conviction is final and executor; In case the inmate has one or more co-accused who had been
convicted, the director/warden concerned shall forward their prison records and carpetas/jackets at the same
time.
4. Inmate has no pending criminal case; and
5. Inmate is serving sentence in the national penitentiary, unless the confinement of said inmate in a municipal,
city, district or provincial jail is justified.
A national inmate, for purposes of these Rules, is one who is sentenced to a maximum term of imprisonment of more
than three (3) years or to a fine of more than five thousand pesos; or regardless of the length of sentence imposed by
the Court, to one sentenced for violation of the customs law or other laws within the jurisdiction of the Bureau of
Customs or enforceable by it, or to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding
the period of three (3) years."

II. Rule 2.2, Paragraphs i to l of the Rules on Parole are hereby DELETED for being inconsistent with the provisions of
Section 2 of the "Indeterminate Sentence Law", as amended. Further, said Rule is hereby AMENDED to read as follows:
"RULE 2.2. Disqualifications for Parole - Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the
"Indeterminate Sentence Law", parole shall not be granted to the following inmates:

1. Those convicted of offenses punished with death penalty of life imprisonment;

2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision treason, rebellion, sedition or coup d' etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents, i.e., those who, within a period of ten (10) years from the date of release
from prison or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, and
falsification, are found guilty of any of said crimes a third time or oftener;
6. Those who escaped from confinement or evaded sentence;
7. Those who having been granted conditional pardon by the President of the Philippines shall have violated any of
the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
9. Those convicted of offenses punished with reclusion perpetua, or whose sentences were reduced to reclusion
perpetua by reason of Republic Act No. 9346 enacted on June 24,
2006, amending Republic Act No. 7659 dated January 1, 2004; and

10. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."
III. Rule 2.3 of the Rules on Parole is hereby AMENDED to read as follows:
"RULE 2.3. Review Upon Petition or referral by the correctional and/or other agencies - a parole case may be reviewed
by the Board upon petition or referral by the correctional and/or other agencies if inmate is not otherwise disqualified
under Rule 2.2."

IV. Section 1 of the Amended Guidelines for Recommending Executive Clemency is hereby AMENDED to read as
follows:

SECTION 1. Plenary Power of the President to Grant Executive Clemency - Under Section 19 Article VII of the
Constitution, except in cases of impeachment or as otherwise provided therein, the President may grant reprieves,
commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. Executive clemency rests
exclusively within the sound discretion of the President, and is exercised with the objective of preventing a miscarriage
of justice or correcting a manifest injustice.

These Guidelines are meant solely for the guidance of the Board of Pardons and Parole (hereafter the "Board") in the
performance of its duty to assist the President in exercising the power of executive clemency pursuant to Executive
Order No. 83 dated January 11, 1937. These Guidelines create no vested or enforceable rights in persons applying for
executive clemency."

V. Section 3 of the Amended Guidelines for Recommending Executive Clemency is hereby AMENDED to read as
follows:
"SECTION 3. Extraordinary Circumstances - The Board shall recommend to the President the grant of executive clemency
when any of the following extraordinary circumstances are present:

1. The trial court or appellate court in its decision recommended the grant of executive clemency for the inmate;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime
committed;
3. Evidence which the court failed to consider, before conviction which would have justified an acquittal of the
accused;
4. Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the commission of
the offense;
5. Inmates who are seventy (70) years old and above whose continued imprisonment is inimical to their health as
recommended by a physician of the Bureau of Corrections Hospital and certified under oath by a physician
designated by the Department of Health;
6. Inmates who suffer from serious, contagious or life-threatening illness disease, or with severe physical disability
such as those who are totally blind, paralyzed, bedridden, etc., as recommended by a physician of the Bureau of
Corrections Hospital and certified under oath by a physician designated by the Department of Health;
7. Alien inmates where diplomatic considerations and amity among nations necessitate review; and
8. Such other similar or analogous circumstances whenever the interest of justice will be served thereby."

VI. Section 4 of the Amended Guidelines for Recommending Executive Clemency is hereby AMENDED to read as
follows:

"SECTION 4. Other circumstances - When none of the extraordinary circumstances enumerated in Section 3 exist, the
Board may nonetheless review and/or recommend to the President the grant of executive clemency to an inmate
provided the inmate meets the following minimum requirements of imprisonment:

A. For Commutation of Sentence, the inmate should have served:

1. at least one-third (1/3) of the definite or aggregate prison terms;
 2. at least one-half (1/2) of the minimum of the indeterminate prison term or aggregate minimum of the
indeterminate prison terms;
3. at least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punished under Republic Act No. 7659 and other special laws;
4. at least thirteen (13) years for inmates whose indeterminate and/or definite prison terms were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal
Code as amended;
5. at least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in Republic Act No.
7659 or other special laws, committed on or after January 1, 1994 and sentenced to one (1) reclusion
perpetua or one (1) life imprisonment;
6. at least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or life imprisonment
for violation of Republic Act No. 6425, as amended, otherwise known as "The Dangerous Drugs Act of 1972"
or Republic Act No. 9165 also known as "The Comprehensive Dangerous Drugs Act of 2002", and for
kidnapping for ransom or violation of the laws on terrorism, plunder and transnational crimes;
7. at least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua or life imprisonment
even if their sentences were adjusted to a definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as amended;
8. at least twenty-five (25) years for inmates originally sentenced to death penalty but which was automatically
reduced or commuted to reclusion perpetua or life imprisonment.

B. For Conditional Pardon, an inmate should have served at least one-half of the maximum of the original indeterminate
and/or definite prison term."

VII. Section 5 of the Amended Guidelines for Recommending Executive Clemency is hereby REPEALED.

VIII. Section 10 of the Amended Guidelines for Recommending Executive Clemency is hereby AMENDED to read as
follows:

"SECTION 10. Notice to the Offended Party - In all cases when an inmate is being considered for executive clemency, the
Board shall notify the offended party or, in the event that the offended party is unavailable for comment or otherwise
cannot be located, the immediate relatives of the offended party. Said persons shall be given thirty (30) days from notice
to comment on whether or not executive clemency may be granted to an inmate. Provided that, in matters of extreme
urgency or when the interest of justice will be served thereby, such notice may be waived or dispensed with by the
Board.

In such a case, the Board shall explain the reason for the waiver of such notice in the Board resolution recommending
executive clemency."

IX. Section 11 of the Amended Guidelines for Recommending Executive Clemency is hereby AMENDED to read as
follows:
"SECTION 11. Publication of Names of Those Being Considered for Executive Clemency - The Board shall cause the
publication once in a newspaper of national circulation the names of inmates who are being considered for executive
clemency. Provided, however, that in cases of those convicted of offenses punished with reclusion perpetua or life
imprisonment by reason of Republic Act No. 9346, publication shall be once a week for three (3) consecutive weeks.

Any interested party may send to the Board written objections/comments/information relevant to the cases of inmates
being considered for executive clemency not later than thirty (30) days from date of publication.

Provided that, in matters of extreme urgency or when the interest of justice will be served thereby, above publication
may be waived or dispensed with. In such publication in the Board resolution recommending executive clemency."
X. This Resolution shall take effect upon approval by the Secretary of Justice and fifteen
(15) days after its publication in a newspaper of general circulation. Let copies of this Resolution be likewise sent to
the Office of the President through the Executive Secretary, and the University of the Philippines (UP) Law Center.

I. PARDON
WHAT IS PARDON?

 It is a form of executive clemency granted by the President of the Philippines as a privilege to a convict as a
discretionary act of grace.
 A pardon may be conditional or unconditional. Pardons do not erase or seal a conviction; a pardon forgives
guilt.
 It is vested to the Chief Executive (The President) as a matter of power.
 Neither the legislative nor the judiciary branch of the government has the power to set conditions or
establish procedures for the exercise of this Presidential prerogative.

When a pardon is granted, the convicted offender is forgiven the crime and its penalty. A head of state or
government generally grants it when the convicted individual has fulfilled his or her debt to society or is somehow
otherwise worthy of being forgiven the crime. A pardon does not erase the conviction, but it can in some
jurisdictions remove some of the disqualifications caused by it.

TWO TYPES OF 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.
 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 offenses 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.

PURPOSES:
a. To do away with the miscarriage of Justice
b. To keep punishment abreast with the current philosophy, concept or practice of criminal justice
administration; and
c. To restore full political and civil rights of person who have already served their sentence and have
waited the prescribed period.
CASES: RESTORATION OF CIVIL AND POLITICAL RIGHTS

a. MONSANTO VS. FACTORAN, G.R. NO. 78239 FEBRUARY 9, 1989

b. CRISTOBAL VS. LABRADOR, G.R. No. L-47941, December 7, 1940
LIMITATIONS OF THE PARDONING POWER OF THE PRESIDENT

The following are the limitations of the pardoning power of the President:

a. It may not be exercised for offenses in impeachment cases;

b. It may be exercised only after conviction by final judgment except amnesty;
c. It may not be exercised over legislative or civil contempt (as for refusing to answer a proper question as a witness in a
case);
d. In case of violation of election law or rules and regulations without favorable recommendations of the COMELEC;
e. It cannot be exercised to violation of tax laws;
f. It cannot absolve convict of civil liability;
g. It cannot restore public offices forfeited.

WHAT IS THE EFFECT OF PARDON?

While a pardon has generally been regarded as blotting out the existence of guilt so that in the eye of the law,
the offender is as innocent as though he never committed the offense, it does not operate for all purposes. The very
essence of a pardon is forgiveness or remission of guilt.

Pardon implies guilt. It does not erase the fact of the commission of the crime and the conviction thereof. It
does not wash out the moral stain. It involves forgiveness and not forgetfulness.

A pardon looks to the future. It is not retrospective. It makes no amends for the past. It affords no relief for what
has been suffered by the offender. It does not impose upon the government any obligation to make reparation for what
has been suffered. “Since the offense has been established by judicial proceedings, that which has been done or suffered
while they were in force is presumed to have been rightfully done and justly suffered, and no satisfaction for it can be
required.”

HOW IS PARDON DIFFERENT FROM PROBATION?

Probation and Pardon are not the same. Probation is “a disposition under which a defendant, after conviction
and sentence, is released subject to conditions imposed by the court and to the

supervision of a probation officer.” Probation is a part of the judicial power, while pardon is a part of the
executive power. The suspension of the sentence under probation simply postpones the judgment of the court
temporarily or indefinitely, but the conviction and liability following it, and the civil disabilities, remain and become
operative when judgment is rendered.

CASE: PARDON APPLICABLE TO ADMINISTRATIVE CASES

1. LLAMAS VS. ORBOS, G.R. NO. 99031, OCTOBER 15, 1991

HOW IS PARDON DIFFERENT FROM COMMUTATION AND REPRIEVE?

Commutation” is a remission of a part of the punishment; a substitution of a less penalty for the one originally
imposed. A “reprieve” or “respite” is the withholding of the sentence for an interval of time, a postponement of
execution, a temporary suspension of execution.

II. AMNESTY

WHAT IS AMNESTY?
  A general pardon extended to a group of persons, such a political offender purposely to bring about the return
of dissidents to their home and to restore peace and order in the community. It is generally exercised by the
Chief Executive with the concurrence of congress.
 It is an act of sovereign power granting oblivion or general pardon for past offense and rarely, if ever, exercised
in favor of single individual is usually exerted in behalf of certain classes of person who are subjected to trial but
not have been convicted.
 Amnesty can be availed of before, during and after the trial of the case, even after conviction.

CASE: PEOPLE VS. PATRIARCA, G.R. NO. 135457. SEPTEMBER 29, 2000

DISTINCTIONS BETWEEN AMNESTY AND PARDON

Difference as to: Amnesty Pardon
1. Kinds of Offenses Granted for political offenses Granted for any offense

2. Who may avail Granted to classes of persons Granted to individuals

or communities
3. Time to avail May be granted at any time Granted after final conviction

4. Action of applicant Need not be accepted Must be accepted

5. Consent of Requires the concurrence of Does not need the concurrence of
Congress congress congress
6. Acts committed Public act which the court may Private act which must be pleaded and
take judicial notice proved by the person pardoned

7. Effect Act of forgetfulness Looks Act of forgiveness

backward and puts the offense Looks forward and relieves the
into oblivion offender from the consequences of his
offense
CASE: ADMISSION OF GUILT

1. GAUDENCIO VERA VS. PEOPLE OF THE PHILIPPINES

LAW ON AMNESTY

PROCLAMATION NO. 347

GRANTING AMNESTY TO REBELS, INSURGENTS, AND ALL OTHER PERSONS WHO HAVE
OR MAY HAVE COMMITTED CRIMES AGAINST PUBLIC ORDER, OTHER CRIMES
COMMITTED IN FURTHERANCE OF POLITICAL ENDS, AND VIOLATIONS OF THE ARTICLES OF WAR, AND CREATING A
NATIONAL AMNESTY COMMISSION
WHEREAS, the peace process, as an anchor of political, economic and social stability and development, has steadily
moved forward with the overwhelming acceptance and support of the Filipino people;

WHEREAS, to enhance and hasten the peace process, there is a need to reintegrate, as soon as possible, all rebels and
insurgents into the mainstream of society under the rule of law, including those who may have committed unlawful acts
in furtherance of their respective political beliefs;
WHEREAS, the grant of amnesty to those who may have committed unlawful acts in pursuit of their political beliefs is
one of the six paths to the attainment of a just and lasting peace as recommended by the National Unification
Commission;

WHEREAS, amnesty was proclaimed under Proclamation Nos. 10 and 10-A, which proclamations however extended only
to those who applied for amnesty under Executive Order No. 350, Series of 1989, and whose applications were
processed and ready for action as of 28 July 1992, and who applied for amnesty under Executive 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-A,
many more rebels and insurgents, who may have committed unlawful acts in pursuit of their political beliefs, have
returned or expressed their desire and readiness to return to the fold of the law and join the mainstream of Philippine
society; and

WHEREAS, there is a need for government to act on rebel and insurgent returnees’ request for the grant of amnesty so
that they may live in peace in the pursuit of productive endeavors without prejudice to any legal arrangement that may
result from a negotiated settlement which the government is pursuing with the various rebel and insurgent groups.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me
by Section 19, Article VII of the Constitution, do hereby declare and proclaim:

Section 1. Grant of Amnesty. – Amnesty is hereby granted to all persons who shall apply therefor and who have or may
have committed crimes, on or before thirty (30) days 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: rebellion or insurrection; coup d’etat; conspiracy and proposal to
commit rebellion, insurrection or coup d’etat; disloyalty of public officers or employees; inciting to rebellion or
insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association; direct
assault; indirect assault; resistance and disobedience to a person in authority or the agents of such person; tumults and
other disturbances of public order; unlawful use of means of publication and unlawful utterances; alarms and scandals;
illegal possession of firearms, ammunition or explosives, committed in furtherance of, incident to, or in connection with
the crimes of rebellion or insurrection and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or
sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer and a
gentlemen), and 97 (general article) of the Articles of War; Provided, that the amnesty shall not cover crimes against
chastity and other crimes committed for personal ends.

Section 2. Effects. – (a) Amnesty under this Proclamation shall extinguish any criminal liability for acts committed in
pursuit of a political belief, without prejudice to the grantee’s civil liability for injuries or damages caused to private
persons. The grant of amnesty shall also effect the restoration of civil or political rights suspended or lost by virtue of
criminal conviction.

(b) The amnesty herein proclaimed shall not ipso facto result in the reintegration or reinstatement into the service of
former Armed Forces of the Philippines and Philippine National Police personnel. Reintegration or reinstatement into
the service shall continue to be governed by existing laws and regulations; Provided, however, that the amnesty shall
reinstate the right of AFP and PNP personnel to retirement and separation benefits, if so qualified under existing laws,
rules and regulations at the time of the commission of the acts for which amnesty is extended, unless they have
forfeited such retirement and separation benefits for reasons other than the acts covered by this Proclamation.

Section 3. Firearms. – The surrender of firearms, ammunitions and explosives shall not be a condition for amnesty.
Applicants for amnesty may surrender their firearms within sixty (60) days from the effectivity of this Proclamation
without incurring liability for illegal possession thereof. The Government shall continue to encourage rebels and
insurgents to turn-in firearms, ammunition and explosives which may be in their possession.
Section 4. National Amnesty Commission. – There is hereby created a National Amnesty Commission, hereinafter
referred to as the Commission, which shall be primarily tasked with receiving and processing applications for amnesty,
and determining whether the applicants are entitled to amnesty under this Proclamation. Final decisions or
determinations of the Commission shall be appealable to the Court of Appeals.

Pursuant to its functions, the Commission shall be authorized to:

(a) Administer oaths, summon witnesses and require the production of documents by subpoena duces tecum;
Provided, that the testimonies of the applicant and his witnesses for a grant of amnesty, and any evidence
presented by him before the Commission not otherwise, available to the prosecution, shall not be used as
evidence against the applicant in any other proceeding where the amnesty is not in issue, except for perjury
committed in so testifying;
(b) Promulgate rules and regulations subject to the approval of the President;
(c) Call on any Government office, body, agency, instrumentality, council and commission to render assistance in
the efficient and effective implementation of its functions;
(d) Constitute Local Amnesty Boards in such provinces, cities, and municipalities as may be necessary; and
(e) Perform such other functions necessary for the proper implementation of this Proclamation as may be
authorized by the President.

The Commission shall be composed of seven (7) members: a chairperson and three (3) regular members to be appointed
by the President; the Secretary of Justice, the Secretary of National Defense and the Secretary of the Interior and Local
Government as ex-officio members.

The amounts necessary for the operational and administrative expenses of the Commission shall be funded from the
budget of the Office of the President.

The term of the Commission shall expire upon the completion of its assigned tasks as may be determined by the
President.

Section 5. Who May Apply. – All persons who have or may have committed the crimes enumerated in Section 1, within
the period prescribed therein, including those detained, charged, or convicted for the commission of the same crimes,
may apply with the Commission for the grant of amnesty.

Section 6. Application Period. – Applications for the grant of amnesty shall be filed under oath with the Commission
within six (6) months from the effectivity of this Proclamation.

Section 7. Effectivity. – This Proclamation shall take effect upon concurrence by a majority of all the Members of the
Congress.

DONE in the City of Manila, this 25 th day of March in the year of Our Lord, Nineteen Hundred and Ninety-Four.

PROCLAMATION NO. 724

AMENDING PROCLAMATION NO. 347 DATED MARCH 25, 1995
WHEREAS, on March 25, 1994, President Fidel V. Ramos issued Proclamation No. 347 entitled “Granting Amnesty to
Rebels, Insurgents, and All Other Persons Who Have or May Have Committed Crimes Against Public Order, Other Crimes
Committed in Furtherance of Political Ends, and Violations of the Articles of War, and Creating a National Amnesty
Commission,” which was concurred in by both Houses of Congress on June 2, 1994 through Concurrent Resolution No.
12 as provided for by the Constitution;

WHEREAS, when the prescribed period for filing of applications for amnesty lapsed on June 1, 1995, 7,166 applications
were recorded to have been filed with the National Amnesty Commission and the nineteen (19) Local Amnesty Boards
nationwide;
WHEREAS, after June 1, 1995, the National Amnesty Commission and its nineteen (19) Local Amnesty Boards throughout
the country have reported that many other rebels and insurgents voluntarily returned to the folds of the law and filed
applications for amnesty or otherwise expressed their desire to avail of amnesty;

WHEREAS, in the course of processing amnesty applications, the National Amnesty Commission has been constrained to
deny amnesty to persons who were found to have committed acts/crimes clearly in pursuit of their political belief
because their acts/crimes were committed after April 30, 1994 but before June 1, 1995, which is beyond the period of
coverage of Proclamation No. 347; or because they filed their applications beyond the deadline of June 1, 1995;

WHEREAS, the sincere desire of the foregoing rebels and insurgents to return to the folds of the law cannot be ignored
by the Government if it is to pursue a true, 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 was issued granting amnesty to members and supporters of the RAM-SFP-YOU
and allowing those inadvertently omitted from the said list to apply individually for amnesty;

WHEREAS, in the interest of equity and justice, members of rebel groups other than the RAMSFP-YOU should also be
entitled to file applications for amnesty after the lapse of the period for application under Proclamation No. 347;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me
by Section 19, Article VII of the Constitution, do hereby declare and proclaim:

SECTION 1. Grant of Amnesty under Proclamation No. 347. Section 1 of Proclamation No. 347 is hereby amended as
follows:

“Section 1. Grant of Amnesty.- Amnesty is hereby granted to all persons who shall apply therefor and who have or may
have committed crimes, on or before June 1, 1995, in pursuit of their political beliefs, whether punishable under the
Revised Penal Code or special laws, including but not limited to the following: rebellion or insurrection; coup d’etat;
conspiracy and proposal to commit rebellion, insurrection, or coup d’etat; disloyalty of public officers or employees;
inciting to rebellion or insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal
association; direct assault; indirect assault; resistance and disobedience to a person in authority or agents of such
person; tumults and other disturbances of public order; unlawful use of means of publication and unlawful utterances;
alarms and scandals; illegal possession of firearms, ammunitions, and explosives, committed in furtherance of, incident
to, or in connection with the crimes of rebellion and insurrection; and violations of Articles 59 (desertion), 62 (absence
without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96 ( conduct
unbecoming an officer and gentleman), and 97 (general article) of the Articles of War; Provided, That the amnesty shall
not cover crimes against chastity and other crimes for personal ends.”

SEC. 2. Re-opening of Application Period. Applications for the grant of amnesty under Proclamation No. 347 dated
March 25, 1994, as amended by this Proclamation, shall be filed with the National Amnesty Commission within ninety
(90) days from the effectivity of this Proclamation.

SEC. 3. Effectivity. This Proclamation shall take effect upon the concurrence by a majority of all Members of Congress.

DONE in the City of Manila this 17th day of May in the year of Our Lord, Nineteen Hundred and Ninety-six.

III. COMMUTATION OF SENTENCE

WHAT IS COMMUTATION OF SENTENCE?

  The act of the president changing, reducing or mitigating a heavier sentence to a lighter one or a longer term
into a shorter term. It may alter death sentence to life sentence or life sentence to a term of years.
 It does not forgive the offender but merely to reduce the penalty pronounce by the court.
 It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty
inflicted upon the convict, or by decreasing the length of the imprisonment of the original sentence.
 In other cases, the degree of the penalty is reduced from death to reclusion perpetua.
 In Commutation of Sentence consent of the offender is not necessary. The public welfare, not his consent,
determines what shall be done.

SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR BY THE CODE:

1. When the convict sentenced to death is over 70 years of age;
2. When ten justices of the Supreme Court failed to reach a decision for the affirmation of the death penalty;
REVIEW OF CASES FOR EXECUTIVE CLEMENCY
The Board may review the petition of a prisoner for commutation of sentence if he/she meets the following
minimum requirements:

A. For Commutation of Sentence

1. The prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate and/or definite sentence
or the aggregate minimum of his indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes or offenses
committed before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 and other
special laws committed on or after January 1, 1994 and sentenced to one or more Reclusion Perpetua or Life
Imprisonment.
5. At least twenty (20) years in case of one (1) or more death penalty/ies, which was/were automatically reduced or
commuted to one (1) or more Reclusion Perpetua or Life Imprisonment.
B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the minimum of his original
indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of a heinous crime as
defined in Republic Act No. 7659 and other special laws, he shall have served at least one-half (1/2) of the maximum of
his original indeterminate sentence before his case may be reviewed for conditional pardon.
C. For Absolute Pardon, after he has served his maximum sentence or granted final release and discharge or
court termination of probation. However, the Board may consider a petition for absolute pardon even before the grant
of final release and discharge under the provisions of Section 6 of Act No. 4103, as amended.

IV. 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
or a commuted sentence, does not negate a sentence unless the reinvestigation shows that the prisoner has been
unjustly tried or sentenced.

GCTA – is a privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment.

Under Art.97, RPC, the GCTA are:

a. 5 days per month during the first 2 years of imprisonment

b. 8 days per month during the 3rd to 5th years of imprisonment
c. 10 days during the following years until the 10 th years of imprisonment
d. 15 days during the 11th and successive years
Special Time Allowance for Loyalty (Art. 158, RPC)
A deduction of 1/5 of the period of the sentence of any prisoner who evaded the service of sentence on the
occasion of disorders due to conflagrations, earthquakes, or other calamities shall be granted if he returns to authorities
within 48 hours after the president declared that the calamity is over. Once granted shall not be revoked.

V. RECOGNIZANCE

WHAT IS RECOGNIZANCE?

 A mode of securing the release of any person in custody or detention for the commission of an offense who is
unable to post bail due to abject poverty.
 The court where the case of such person has been filed shall allow the release of the accused on recognizance
as provided herein, to the custody of a qualified member of the barangay, city or municipality where the
accused resides.

Republic Act No. 6036 (Release of Recognizance of August 4, 1969), as amended Republic Act No. 10389,
“Recognizance Act of 2012”

 An act providing that bail shall not, with certain exceptions, be required in cases of violations of municipal or city
ordinances;
 Criminal offenses when the prescribed penalty for such offenses is not higher than arresto mayor and/or six (6)
months;
 A fine of two thousand pesos (Php 2,000.00) or both
 A kind of release where in a prisoner will be turn over to somebody with probity to the community.

Section 7, Republic Act No. 10389. Disqualifications for Release on Recognizance – Any of the following circumstances
shall be a valid ground for the court to disqualify an accused from availing of the benefits provided herein:

a) The accused had made untruthful statements in his/her sworn affidavit prescribed under Section
5(a);

b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime aggravated by the
circumstance of reiteration;
c) The accused had been found to have previously escaped from legal confinement, evaded sentence or has
violated the conditions of bail or release on recognizance without valid justification;
d) The accused had previously committed a crime while on probation, parole or under conditional pardon;
 e) The personal circumstances of the accused or nature of the facts surrounding his/her case indicate the
probability of flight if release on recognizance;
f) There is a great risk that the accused may commit another crime during the pendency of the case; and
g) The accused has a pending criminal case which has the same or higher penalty to the new crime he/she is being
accused of.
Section 8, Republic Act No. 10389. Qualifications of the Custodian of the Person Released on Recognizance – Except in
cases of children in conflict with the law as provided under Republic Act no. 9344, the custodian of the person released
on recognizance must have the following qualifications:

a) A person of good repute and probity;

b) A resident of the barangay where the applicant resides;
c) Must not be a relative of the applicant within the fourth degree of consanguinity or affinity;
d) Must belong to any of the following sectors and institutions; Church, Academe, Social Welfare, Health Sector,
Cause-oriented groups, Charitable organizations, Organizations engaged in the rehabilitation of offenders duly
accredited by the local social welfare and development officer.

Section 9, Republic Act No. 10389. Duty of the Custodian – The custodian shall undertake to guarantee the appearance
of the accused whenever required by the court. The custodian shall be required to execute an undertaking before the
court to produce the accused whenever required. The said undertaking shall be part of the application for recognizance.
The court shall duly notify, within a reasonable period of time, the custodian whenever the presence of the accused is
required. A penalty of six (6) months to two (2) years imprisonment shall be imposed upon the custodian who failed to
deliver or produce the accused before the court, upon due noticed, without justifiable reason.