PROBATION AND

EXECUTIVE
CLEMENCY
WHAT IS PROBATION?
P.D. 968 signed on July 24, 1976, also known as the Adult Probation Law
of 1976 ( sec 1 of PD 968)

• Probation is a disposition under which a defendant , after conviction and

sentence, is released subject to conditions imposed by the court and
under the supervision of a probation officer

• TAKE NOTE: a probation officer is the person who investigates for the
court a referral for probation or supervises a probationer or both. A
Probationer, on the other hand, is the person placed on probation
PURPOSES OF PROBATION
• To promote the correction and rehabilitation of an offender by providing him with
individualized treatment

• To provide an opportunity for the reformation of a penitent offender which might

be less probable if he were to serve a prison sentence

• To prevent the commission of the offense (sec 2 of PD 968)

PROCEDURE FOR PROBATION
A. Application for probation shall be filed with the trial court by a
sentenced convicted person with the period of perfecting an appeal
which is within fifteen (15) days from receipt of a copy of judgement of
conviction
It must be stressed further that if the person sentenced is a child, the
court may place the child on probation at anytime in lieu of service of
his/her sentence taking into account his best interest.
What if the convict appealed nor
appealed for probation?
• If a convict did not appeal and did not also apply for
probation, he is going to serve the sentence imposed by the
court. This is because after the lapse of the fifteen (15) day
period to appeal, judgement of conviction becomes final.
Are all convicts qualif ied to apply for
probation?
• No, not all convicts may apply for probation. There are some person who are
disqualified to apply for probation and they are as follows:
• Those sentence are move to serve a maximum term of imprisonmet of more
than 6 years
• Those convicted of any offense against the security of the state
• Those who have been previously convicted by final judgement of an offense
ounished by imprisonment of not less than one month and one day or a fine not
less than 200 pesos
• Those who have been once on probation under the provisions of Presidential
Decree 968
• Those who are already serving sentence at the time the Presidential Decree was
968 enacted
B. Order of the court to conduct Post Sentence Investigation (PSI)
The court shall order a probation officer to conduct Post- sentence investigation to
determine that the ends of justice and the best interest of the public as well as the
defendant will be served in granting or denying probation.
C. Submission of Investigation Report (IR)
The probation officer shall submit to the court his investigation report (IR) for not
later than 60 days from receipt of the order of said court to conduct investigation.
TAKE NOTE: The investigation report to be submitted by the probation officer shall
be in the form prescribed by the probation administrator and approved by the
secretary of justice
D. RESOLUTION OF THE COURT
The court shall resolve the petition for probation not later than 15 days after
receipt of said report.
Pending submission of the investigation report and the resolution on the petition,
the defendant may be allowed on temporary liberty under his bail filed in the
defendant is incapable of filing one, the court may allow the release of the
defendant on recognize under the custody of a respiinsible member of the
community who shall guarantee his appearance whenever required by the court.
IS THE COURT BOUND BY THE FINDINGS OF THE
PROBATION OFFICER?
• No, the court is not bound by the findings of the probation officer but they will be
taken into consideration in either granting or denying probation. In other words,
said findings are only considered as recommendations to the court. The court
has still the final say wether probation shall be granted or denied.
In either granting or denying probation, what
shall the court consider?
• In determining whether an offender may be place on probation, the court shall
consider all information relative, to the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and
community resources. Probation shall be denied in the courts find that:
• The offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
• There is undue risk that during the period of probation the offender will commit
another crime; or
• Probation will depreciate the seriousness of the offense commited
E. EFFECTIVITY OF PROBATION ORDER
A probation order shall take effect upon its issuance, at which time the court shall
inform the offender of the consequences thereof and explain that upon his failure
to comply with any of the conditions prescribed in the said order or his commission
of another offense, he shall serve the penalty imposed for the offense under which
he was place on probation.
F. CONTROL AND SUPERVISION OF PROBATIONER
The probationer and his probation program shall be under the control of the court
who place him on probation subject to actual supervision and visitation by a
probation officer.
What are the 2 main function of a
probation of ficer?
• To Conduct Post- sentence investigation (PSI) to determine that the ends of
justice and the best interest of the public as well as the defendant will be served
in granting or denying probation
• To supervise the convict if he is granted probation
E. TERMINATION OF PROBATION
After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of
the probationer upon finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.
What are the other matters that must
be considered in probation?
A. PROBATION IS A MATTER OF PRIVILEGE, NOT RIGHT
Probation is a matter of privilege because only selected persons may avail of it. If
probation is denied by the court after considering all information relative to the
applicant’s characteristics, antecedents, environment, mental and physical
condition, he cannot appeal the resolution of the court
B. PERIOD OF PROBATION
• The period of probation of a defendant sentenced to a term of imprisonment of
not more than one year shall not exceed two years, and in all other cases, said
period shall not exceed six years; and
• When the sentence imposes a fine only and offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation not be less than nor
more than twice the total number of days of subsidiary imprisonment as
computed at the rate established, in Article 39 and the Revised Penal Code
C. CONFIDENTIALITY OF RECORDS
The investigation report and the supervision history of a probationer obtained under PD
968 shall be privileged and shall not be disclosed directly and indirectly to anyone other
than the Probation Administration of the court concerned, except that the
WHAT IS PARDON?
• pardon is an executive clemency granted by the
President/Chief Executive. It is the act of grace
proceeding from the power entrusted with the
President which exempts the individual on whom it
is bestowed, from punishment the law inflicts for a
crime he has committed.
KINDS OF PARDON
 ABSOLUTE PARDON

- an absolute pardon is given without any condition attached. It does not,

however, operate to restore the right to hold public office or the right of suffrage,
unless such rights are expressly restored by the terms of pardon. It becomes
effective once if it is granted and there is no need for the offender to accept it.

 CONDITIONAL PARDON
- a conditional pardon id given with condition/s attached. Hence, must be
accepted by the offender to become effective.
WHAT IS THE OBJECT OF THE PARDONING
POWER OF THE PRESIDENT?
• pardon exist to afford relief from undue harshness or evident mistakes in the
operation or enforcement of criminal law.
3 BRANCHES OF THE GOVERNMENT:
• LEGISLATIVE
• EXECUTIVE
• JUDICIARY
 to remedy these problems, the President, as the head of the Executive Branch, is
given the discretion to pardon or set free those he believes are subjects of harsh
laws or those he beleives are innocent but convicted by the court.
WHAT ARE THE EFFECTS OF PARDON?
a. It removes penalties and disabilities and restores a person
of his full civil and political rights;
b. It does not discharge the civil liability of thr convict to the
individual he has wronged as the President has no power
to pardon a private wrong.
c. It does not restoren offices, property, or rights vested in
others in consequence of conviction.
WHAT ARE THE LIMITATIONS OF PARDONING
POWER OF THE PRESIDENT?
a. Pardon cannot be extended in case of impeachement;
b. No pardon, parole, or suspension of sentence for violation
of election laws may be granted without the favorable
recommendation of Commission on Election(COMELEC):
c. Pardon is exercised only after conviction by final
judgement: and
d. No pardon may be exercised over a civil contemp.
WHAT IS AMNESTY AND WHAT ARE
ITS DISTINCTIONS FROM PARDON?
• Amnesty defined:
• Amnesty is an act of sovereign power granting oblivion or general pardon
for a past offense usually granted in favor of certain classes of persons who
have committed crimes of a political character, such as treason, sedition, and
rebellion.

• The effect of amnesty:

• Amnesty abolishes and puts into oblivion the offense of which one is
charge, so that the person released by amnesty is considered as if he did not
commit any offense.

• "Oblivion" means the state of forgetfulness.

PARDON AND AMNESTY
DISTINGUISHED
• The distinctions between Pardon and Amnesty are the following:
• a. Pardon includes any crime, while Amnesty includes political
crimes only;
• b. Pardon is exercised individually, while amnesty is exercised
generally;
• c. Pardon is given only when the person is convicted, while amnesty
may be granted before trial or during investigation;
• d. Pardon maybe granted by the President himself, while amnesty is
granted by the President with the concurrence of Congress; and
• e. Courts take no judicial notice of pardon, while courts take judicial
notice of amnesty.
• "Judicial notice" is a fact need not be proved. Hence, any person who
claims that pardon has been granted must proved it in court, unlike
amnesty.
 WHAT IS GOOD CONDUCT TIME
ALLOWANCE?
• Good conduct time allowance is the reduction of period of
imprisonment if a convict shows a good behavior. Consider
the following:
Period of Imprisonment: Reduction:
a. 1-2 years 20 days per month
b. 3-5 years 23 days per month
c. 6-10 years 25 days per month
d. 11 and above 30 days per month

Take note: At any time during the period of Imprisonment, he

shall be allowed another deduction of fifteen (15) days in
addition to the above stated, for each month of study teaching
KINDS OF HABITUALITY OR REPITION
 RECIDIVISM

 QUASI-RECIDIVISM

 HABITUAL DELIQUENCY
 REITERACTION