CORRECTIONAL

ADMINISTRATION
(NON-INSTITUTIONAL
CORRECTION)

Prepared By; John Patrick B. De Jesus

 Community-based approach

 Corrections as a way to decongest the prisons

 involve the Public Attorney’s Office
 the National Prosecution Service
effecting the immediate release of detainees either on bail or recognizance and giving priority to
the trial of detainees who cannot be released on bail or recognizance.
 It involves the efficient performance of the Boards of Pardons and Parole in the granting
of timely release of prisoners and the effective supervision of released prisoners on
parole or conditional pardon and those under probation by the Probation and Parole
Administration.
 Probation and Parole are two forms of non-institutional or community based corrections.
NON-INSTITUTIONAL CORRECTIONS

refer to that method of correcting sentenced offenders

without having to go to prison.
Reformation that is conducted in the community,
with supervisions and certain conditions provided.
ADVANTAGES OF COMMUNITY-BASED
CORRECTIONS ARE:

1. Family members need not be victims also for the imprisonment of a member because the
convict can still continue support his family, not to be far away from his children;
2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in
prison who will only influence him to a life of crime;
3. Rehabilitation can be monitored by the community thus corrections can be made and be more
effective;
4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-
strapped government. An entire bureaucracy will be eliminated which includes the salaries, benefits
and perks of the officers and staff, capital outlays, operating costs, maintenance of the facilities,
subsistence of inmates, and many others.
 TYPES OF NON-INSTITUTIONAL
CORRECTION PROGRAMS

1. Probation- It is a disposition whereby 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.
2. Indeterminate Sentence Law/Parole- It is that type of correctional program that enable the
convicted felon after serving the minimum imposable penalty may be eligible for release on parole.
3. Executive Clemency- It is the power of the Chief Executive to grant amnesty, commutation of
sentence, pardons, reprieve and remit fines and forfeitures to convicted prisoners.
4. Restorative Justice Programs- It refers to the program enacted under RA 9344 for CICL’s that
required to undergo after he/she is found responsible for an offense without resorting to formal court
proceeding like diversion, intervention and community based programs.
PROBATION

A term coined by John Augustus, from the Latin

verb “Probare” which means “To prove, to test”
and “Probatio” which means “Testing period”.
HISTORY

 The origins of probation can be traced to English criminal law of

the middle ages. Harsh punishments were imposed on adults and
children alike for offenses that were not always if a serious nature.
Sentences such as branding, flogging, mutilation and execution were
common. During the time of King Henry VIII, for instance, no less
than 200 crimes were punishable by death, many of which were minor
offenses.
Royal Pardons

Could be purchased by the accused; activist judges could

refrain from applying statues or could opt for a lenient
interpretation of them; stolen property could be devalued by
the court so that offenders could be charged with lesser
crime.
BENEFIT OF CLERGY, JUDICIAL REPRIEVE,
SANTUARY, and ABJURATION offered offenders a degree
of protection from the enactment of harsh sentences.
BINDING OVER FOR GOOD BEHAVIOR
(Recognizance)

is a form of temporary release during which offenders

could take measures to secure pardons or lesser
sentences.
Controversially, certain courts in due time began
suspending sentences.
 In the United States, particularly in Massachusetts, different practices were being
developed. “Security for good behavior”, also known as good aberrance, was
much like modern bail: the accused paid a fee as collateral for good behavior.
Filing was also practiced in cases that did not demand an immediate sentence.
Using this procedure, indictments were “laid on file” or held in abeyance.

 To mitigate unreasonable mandatory penalties, judges often granted motion to

quash based upon minor technicalities or errors in the proceedings. Although these
American practices were genuine precursors to probation, it is the early use of
recognizance and suspended sentence that are directly related to modern probation.
Two names are most closely associated with the
founding of probation:

Matthew Davenport Hill, an 18th century English barrister and judge.

John Augustus, a 19th century Boston boot-maker.

 As a young professional in England, Matthew Davenport Hill had

witnessed the sentencing of youthful offenders to one-day terms on
the condition that they be returned to a parent or guardian who would
closely supervise them.
Matthew Davenport Hill

 He eventually became the Recorder of Birmingham, a judicial post, he

used a similar practice for individuals who did not seem hopelessly
corrupt.
 If offenders demonstrated a promise for rehabilitation, they were
placed in the hands of generous guardians who willingly rook charge
of them. Hill had police officers pay periodic visits to these guardians
in an effort to track the offender’s progress and to keep a running
account.
 MATTHEW DAVENPORT HILL- Father of Probation in England.

 JOHN AUGUSTUS- Father of Probation and the “First True

Probation Officer”.
John Augustus

 Augustus was born in Woburn, Massachusetts in 1785.

 By 1829, he was a permanent resident of Boston and the owner of a successful
boot-making business.
 It was undoubtedly his membership in the Washington Total Abstinence Society
that led him to the Boston courts.
 Washingtonians abstained from alcohol themselves and were convicted that abusers
of alcohol could be rehabilitated through understanding, kindness and sustained
moral suasion, rather than through conviction and jail sentences.
 In 1841, John Augustus attended police court to bail out a “common drunkard”, the
first probationer.
 The offender was ordered to appear in court three weeks later sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of
all in attendance, his appearance and demeanor had dramatically changed.
 He was also the first to apply the term “probation” to this process of treating
offenders.
 By 1858, John Augustus had provided bail for 1, 946 men and women, young and
old. Reportedly, only ten of this number forfeited their bond.
 The first probation statute, enacted in Massachusetts shortly after his death in
1859, was widely attributed to his efforts.
 The first juvenile court was established in Chicago in 1899.
 Formalization of the concept of Intake is credited to the founders of the Illinois
juvenile court.
 Probation in New York State had its official beginning in 1901.

 Fr. Rufus Cook- A chaplain in Boston, Massachusetts, who continued the work of
Augustus after the latter’s death and employed humane but unscientific approach.
The Probation Act of 1925, signed by President Calvin
Coolidge, provided for a probation system in the federal
courts (except in the District of Columbia).
It gave the courts the power to suspend the imposition for
execution of sentence and place defendants on probation for
such period and on such terms and conditions as they deemed
best.
 HISTORICAL BACKGROUND OF
PROBATION IN THE PHILIPPINES

 Probation was first introduced in the Philippines during the American colonial period
(1898-1945) with the enactment of Act No. 4221 of the Philippines Legislature on 7 August
1935.

ACT 4221- THE FIRST PROBATION LAW OF 1935

 This law created a Probation Office under the Department of Justice. On November 16,
1937, after barely two years of existence, the Supreme Court of the Philippines declared the
Probation Law unconstitutional because of some defects in the law’s procedural framework
by the case of People vs. Vera which states that Act 4221 cause undue delegation of
legislative power and violation of equal protection of the law.
 In 1972, House Bill No. 393 was filed in Congress by Teodulo C.
Natividad and Ramon D. Bagatsing, which would establish a probation
system in the Philippines. This bill avoided the objectionable features of
Act 4221 that struck down the 1935 law as unconstitutional.

 The bill was passed by the House of Representatives, but was

pending in Senate when Martial Law was declared and Congress was
abolished.
 On July 24, 1976, Presidential Decree No. 968, also known as the Adult Probation Law of 1976,
was signed into law by the President of the Philippines.

 Fifteen selected probation officers were sent to USA for orientation and training in probation
administration. Upon their return, they were assigned to train the newly recruited probation
officers.

 The probation system started to operate on 3 January 1978. As more probation officers were
recruited and trained, more field offices were opened. There are at present 204 field offices spread
all over the country, supervised by 15 regional offices.
promulgated which added functions of supervising prisoner
under parole and pardon with parole conditions.

PROBATION is a disposition whereby a defendant, after

conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of probation officer.
PD 968- THE PROBATION LAW OF 1977

 Approved on 24 July 1976.

 Effectivity date is 3 January 1978.

 The PPA was created pursuant to Presidential Decree No. 968, as amended, to administer
the probation system.
 Under Executive Order No. 292, the Probation Administration was renamed as “Parole and
Probation Administration”, and given the added function of supervising prisoners who, after
serving part of their sentence in jails are released on parole or granted conditional pardon.
 The PPA and the Board of Pardons and Parole are the agencies involved in the non-
institutional treatment of offenders.
PD 603
 The Child and Youth Welfare Code of 1974 that provides
probation for minors below the age of 18.
AMENDATORY LAWS OF PD 968

 PD 1257 - Effectivity date, 01 December 1977; amended the period within

which application for probation must be made.
 BP 76 - Effectivity date, 13 June 1980; amended the maximum penalty for
qualification for probation.
 PD 1990 - Effectivity date, 15 January 1986; amended BP 76 back to original
form and made probation and appeal exclusive remedies.
 RA 10707 - New Probation Law of 2015. Application can now be made after
the appellate decision.
PROBATIONER/CLIENT
 Is a person placed on probation.
PROBATION OFFICER (Now Parole and Probation
Officer)
 Is one who investigates (PSI) for the court a referral for
probation or supervises a probationer or both.
FORERUNNERS OF PROBATION

1. BENEFIT OF CLERGY
 This originated in a compromise with the Church which had maintained that a member of the
clergy brought to trial in a King’s Court might be claimed from that jurisdiction by the bishop or
chaplain representing him, on the ground that he, the prisoner, was subject to the authority of the
ecclesiastical courts only.
2. JUDICIAL REPRIEVE
 This is a temporary withholding of sentence, either before or after judgment, as where the
judge is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or he
us doubtful whether the offense be within the clergy, or sometimes if it be a small felony, or any
favorable circumstances appear in the criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)
 It originated as a measure of preventive justice, involving the release of the
person accused of committing a crime to the custody of a person of reputable
character, who shall have the responsibility of bringing the accused to court
whenever the court requires.
4. TRANSPORTATION
 This was chiefly a way of ridding the country of criminals; it later developed
as a plan for supplying new colonies with cheap labor. It was also an attempt to
substitute for brutal punishment at home and an opportunity for rehabilitation in a
new country.
 IMPORTANT PERSONALITIES IN THE
HISTORY OF PROBATION

 John Augustus
-Father of Probation in the US.
-American pioneer of probation.
-The first true probation officer.

 Fr. Rufus Cook

-The successor of John Augustus that continued that latter’s work on probation in Boston.
 Matthew Davenport Hill
-Is considered as the Father of Probation in England.
 Teodulo C. Natividad
-Father of Philippine Probation.
-Primary author of HB 393 that later on became PD 968.
-Co-authored by Cong. Ramon Bagatsing.
In People vs. Vera (37 O.G. 164), the constitutionality of Act
4221 was challenged because of the following grounds:
a. The said act encroaches upon the pardoning power of the
executive.
b. That is constitute an undue delegation of legislative power.
c. It denies the equal protection of the laws.
 SIX SIGNIFICANT IDEAS AND
CHARACTERISTICS OF PROBATION

1. A more enlightened and humane correctional system.

2. To promote the reformation of offenders.
3. Reduction of the incidence of recidivism.
4. Extending to offenders’ individualized and community-based treatment programs
instead of imprisoning them.
5. Limited to offenders who are likely to respond thereto favorably.
6. The method is less costly than confinement.
 PHILOSOPHY AND CONCEPTS OF THE
PROBATION SYSTEM

1. There is no single cause for delinquent behavior. Human beings are extremely
complicated.
2. Delinquent and criminal acts are symptoms of a more serious underlying condition.
3. That the individual has the ability to change and to modify his anti-social behavior
with the right kind of help.
4. The Central goal of the Probation Administration is to enhance the safety of the
community by reducing the incidence of criminal acts by persons previously convicted.
5. This is of course not to say that probation should be used in all cases, or that will
always produce better results.
6. By the same token, however, it is to say that probation is a good bit more than the
“matter of grace” or “leniency” which characterizes the philosophy of the general
public and of many judges and legislators on the subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer recognized.
8. It is generally conceded that probation is a matter of privilege to be granted or
refused at the discretion of the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence investigation
report (PSIR).
 BENEFITS OF PROBATION

a. Probation Protects Society

1. From the excessive costs of detention.
2. From the high rate of recidivism of detained offenders.
b. Probation Protects the Victim
1. It provides restitution.
2. It preserves justice.
c. Probation Protects the Family
1. It does not deprive the wife and children of husband and father.
2. It maintains the unity of home.
 BENEFITS OF PROBATION

d. Probation assists the Government

1. It reduces the population of prisons and jails.
2. It lessens the clogging of courts.
3. It lightens the load of prosecutors.
4. It sustains law enforcement.
e. Probation Helps the Offender
1. It maintains his earning power.
2. It provides rehabilitation in the community.
3. It restores his dignity.
BENEFITS OF PROBATION

f. Probation justifies the Philosophy of Men

1. That life is sacred.
2. That all men deserve a second chance.
3. That an individual can change.
4. That society has a moral obligation to lift the fallen.
 ADVANTAGES OF PROBATION

a. Probation prevents crime by offering freedom and aid only to those offenders who
are likely to assault the society again.
b. It protects the society by placing under close supervision non-dangerous offenders
while undergoing treatment and rehabilitation in the community.
c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first time offenders from turning into hardened criminals.
e. It is a measure of cutting enormous expense in maintaining jails.
f. It reduces recidivism and overcrowding in jails and prisons.
ADVANTAGES OF PROBATION

g. It reduces the burden on the police forces and institutions of feeding and guarding
detainees.
h. It gives the first and light offenders a second chance in life and provides as
opportunity for the reformation of a penitent offender.
i. It makes the offender productive or taxpayers instead of tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that have adopted it.
SUSPENSION OF EXECUTION OF
SENTENCE

 The court convicts and sentences the defendant but the execution
of the sentence, whether it imposes a term of imprisonment or a fine
only, is suspended and the defendant is released on probation.
PROBATION IS ONLY A PRIVILEGE, NOT A
RIGHT

 Probation is not demandable as a matter of right. It is a

privilege. Its grant depends upon the discretion of the court.
But, it will be declared as a right if the applicant is a minor
stated under RA 9344 and it will also become a right when
the probation order is already released by the court.
NECESSITY OF APPLICATION
 Probation may not be granted except upon application of the defendant.

TIME FOR APPLICATION

 The law says that the application for probation should be made within the
period for perfecting an appeal or within fifteen (15) days from promulgation of
notice of judgment.
EFFECT ON APPEAL

 The filing of application for probation shall be

deemed a waiver of the right to appeal.
In such case the accused cannot, even by withdrawing
his application for probation, reinstate his appeal or
right to appeal.
RA 10707

 PROBATION LAW OF 2015

 No application for probation shall be entertained or granted if the defendant

has perfected the appeal from the judgment of conviction:
 Provided, that when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final.
 EFFECT ON MOTION FOR
RECONSIDERATION OR NEW TRIAL

 There is nothing in the Probation Law which indicates that the

defendant’s right to move for a reconsideration of the judgment of
conviction, or his right to ask for new trial, is waived or suspended by
his application for probation, or that such application has the effect of
an automatic withdrawal of a pending motion for reconsideration or
new trial, although there is likewise nothing in the law which suggests
that the filing of the application for probation interrupts the running of
the period for reconsideration or new trial.
FORM OF APPLICATION

 The law does not prescribe any particular form and therefore it may be in any form, written or oral. For
recording purposes, however, oral applications should be reduced to writing.

POST SENTENCE INVESTIGATION

 The Probation Law provides “no person shall be placed on probation except upon prior investigation by
the probation officer and a determination by the court that the ends of justice and the best interest of the
public as well as that of the defendant will be served thereby.”
 The probation officer shall submit to the court the investigation report on an applicant not later than
sixty (60) days from receipt of the order of the said court to conduct the investigation.
 The court shall resolve the petition for probation not later than fifteen
(15) days after receipt of said order.

 DENIAL OF PROBATION TO DISQUALIFIED OFFENDER

WITHOUT PRIOR INVESTIGATION
 However, there is nothing in the law which requires that such an
investigation should be conducted in every case as an essential
condition before the court may deny an application for probation.
 COURT MAY ORDER INVESTIGATION SO
LONG AS APPLICATION IS NOT SERVING
SENTENCE

 If there is an application and the defendant does not appear to be

disqualified, the court may order such investigation only after a
sentence of conviction by the trial court for the reason that the same
would be premature if made prior to said conviction, considering that
the judgment might eventually be an acquittal or, even if it be
conviction, the court might find as a fact in its decision that the
defendant is a disqualified offender, in either of which cases the order
for investigation would serve no purpose.
 POST SENTENCE INVESTIGATION, NOT
PRE-SENTENCE INVESTIGATION

 Under our Probation Law, the investigation for probation

is a post-sentence, not pre-sentence investigation; meaning
that the investigation is after, not before, the sentence.
The sentence referred to is the sentence of the trial court.
SCOPE OF INVESTIGATION

 The inquiry should be a thorough investigation into the character, antecedents,

and environment, mental and physical condition of the offender, and available
institutional and community resources, as well as all other matters bearing the
following questions:
a. Whether or not the offender is in need of correctional treatment that can be provided
most effectively by his commitment to an institution;
b. Whether or not there is undue risk that during the period of probation the offender will
commit another crime;
c. Whether or not probation will depreciate the seriousness of the offense committed.
Probation Investigation Procedures

 The PSI gathers information on the petitioner’s personality,

character, antecedents, environment resources which shall be utilized
in the rehabilitation of the client.
 The basic tools used in the PSI are interviews, records check, and
psychological evaluation and drug tests.
 All information gathered is written in the PPA Form 3 or Post-
Sentence Investigation Report (PSIR) submitted to the court for
disposition.
Courtesy Investigation

Full Blown Courtesy Investigation (FBCI)

1. It is a transient offender in a place of commission of the crime and/or a
permanent resident of another place;
2. Has spent pre-adolescent and/or adolescent life in the province or city of
origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances who are residents of
the place of origin.
 Partial Courtesy Investigation (PCI)- It shall be used for petitioners who do not
fall within the purview of the FBCI and is conducted by another PPO.

NO RIGHT TO COUNSEL
 The Probation Law has no provision guaranteeing the right to counsel in the
investigation of a petitioner. The constitutional guarantee of right to counsel will
not apply because the investigation by the probation and parole officer is neither
prosecutor nor accusatory in character.
 PRIVILEGE AGAINT SELF-
INCRIMINATION NOT AVAILABLE

 The information contained in the post-sentence investigation report shall be

privileged and could not be used as evidence against any person, no matter how
incriminating the information may be.

NO SUBPOENA POWERS
 Probation and Parole officers are not clothed with subpoena powers under the
Probation Law.
 There is nothing to prevent them, however, from requesting the court to issue
subpoenas requiring the attendance of witnesses in their investigations.
SUBMISSION OF INVESTIGATIO REPORT

 The investigation report having been completed, the Chief

Probation and Parole Officer should submit his report to the court,
“not later than 60 days from receipt of the order of the court to
conduct the investigation”.

 The same period is merely directory, not mandatory, in the sense that
an investigation report submitted after 60 day would still be a valid
report.
NO COPY OF REPORT FOR APPLICANT

 The investigation report as well as the supervision history “shall be privilege

and shall not be disclosed directly or indirectly to anyone other than the Parole
and Probation Administration or the court concerned.

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

 There is nothing in the Probation Law which entitles the applicant to submit
any comment, or demand that the court should consider the same.
HEARING NOT REQUIRED

 There is nothing in the Probation Law which requires the court to set for
hearing the investigation report or the application for probation, although it may
of course, in its discretion do so, preserving at all times, however, the
confidentiality of the report.

 The court is mandated to resolve the petition for probation not later than 15
days after the receipt of the investigation report. The period, however, seem to be
merely directory, not mandatory.
 BAIL OR RECOGNIZANCE PENDING
PETITION FOR PROBATION

 Pending submission of investigation report and the resolution of

the petition for probation, the defendant may be allowed temporary
liberty under his bail filed in the criminal case.
 In case no bail was filed or the defendant is incapable of filing one,
the court may allow the release of the defendant on recognizance to
the custody of a responsible member of the community who shall
guarantee his appearance whenever required by the court.
GRANT OR DENIAL OF PROBATION

PROBATION DISCRETIONARY
 Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part of
the court.

Probation shall be denied if the court finds that:

i. The offender is in need of correctional treatment that can be provided most effectively by his commitment
to an institution; or
ii. There is an undue risk that during the period of probation, the offender will commit another crime; or
iii. Probation will depreciate the seriousness of the offense committed.
ISSUANCE 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 impose for the offense under which he was
placed for probation.
 In the event that violation of any of the conditions of probation is
established, the court need not revoke the probation; it has the discretion
to revoke or continue the probation and modify the conditions thereof.
 APPLICANT MAY REJECT GRANT OF
PROBATION

 The law does not oblige the defendant to accept the probation granted by the court. He should
be allowed to turn down the same grant, especially since he might feel that the terms and
conditions thereof are too difficult for him.

 GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE

CIVIL LIABILITY NOT AFFECTED

 Probation is a substitute for imprisonment (including subsidiary imprisonment in case of non-
payment of fine) and other criminal penalties, not a mode of discharging the civil liability, which
is owed not to the State but to the offended party.
 COVERAGE OR SCOPE OF APPLICATION
OF DECREE

A. Non-offenders not covered

Consistently with the concept and purpose of probation, the Decree applies only to offenders.
B. Offenders covered
The Decree declares, “it shall apply to all offenders”.
C. Disqualified Offenders
Not all offenders, however, fall within its coverage:
1. Sentenced to serve a maximum term of imprisonment of more than six years;
2. Convicted of subversion or any crime against the national security or public order;
3. Who have previously been convicted by final judgment of an offense punished by imprisonment of not less
than one month and one day and/or a fine of not less than Two Hundred Pesos;
4. Who have been once on probation under the provisions of this Decree;
5. Who are already serving sentence at the time the substantive provisions of this Decree became applicable
pursuant to Sec. 33 hereof;
6. It expressly excludes from its operation “those entitled to the benefits of PD 603, as amended (otherwise
known as the Child and Youth Welfare Code) and similar laws;
7. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and the “similar laws”
just mentioned, he would not be entitled to the benefits of the Decree if he has not been convicted and
sentenced;
8. An offender who is already serving sentence or is otherwise specifically disqualified under Sec. 9;
9. Under Sec. 264, BP 881 as amended by BP 882, 883, and 884, which state, “any person found guilty of any
election offense under this code shall be punished with imprisonment of not less than 1 year but not more than 6
years and shall not be subject to probation”;
10. Sec. 9, PD 1987 (An Act creating the Videogram Regulatory Board,
dated October 5, 1985) states “The provisions of PD 968, as amended
shall not apply in cases of violations of this Decree, including its
implementing rules and regulations;
11. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the
violators of the law shall not be entitled to the benefits of the Probation
Law;
12. Violation of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. Except Sec 12, 14, 17, 57, and
70;

 Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
 Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs during
Parties, Social Gatherings or Meetings.
 Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
 Section 57. Probation and Community Service under the Voluntary Submission Program.
 Section 70. Probation or Community Service for a First-time Minor offender in lieu of Imprisonment.
A drug dependent who is discharged as rehabilitated by the DOH-accredited Center
through the voluntary submission program, but does not qualify for exemption from
criminal liability under Section 55 of the Act, may be charged under the provisions
of the Act, but shall be placed on probation and undergo community service in lieu
of imprisonment and/or fine in the discretion of the court, without prejudice to the
outcome of any pending case filed in court. Such drug dependent shall undergo
community service as part of his/her after-care and follow-up program, which may
be done in coordination with non-government, civic organization accredited by the
DSWD, with the recommendation of the Board.
13. When the time for probation already lapse.
WHEN THE COURT MUST DENY
PROBATION?

The court shall deny an application for probation whenever it finds

that:
a. The offender is in need of correctional treatment that can be provided most
effectively by his confinement to an institution;
b. There is undue risk that during the period of probation the offender will
commit another crime;
c. Probation will depreciate the seriousness of the offense committed.
 What will happen if the application for
probation is denied?

 The offender will be sent by the sentencing court to prison to serve his
sentence.

How many times can one be granted probation?

 Only once.
PERIOD OF PROBATION

 a. The period of probation of a defendant sentenced to a term of

imprisonment of not more than one (1) year shall not exceed two (2)
years, in all cases, shall not exceed six (6) years.

 b. When the sentence imposes a fine only and the offender is made to
serve subsidiary imprisonment in case of insolvency, the period of
probation shall not be less than nor more than twice the total number
of days of subsidiary imprisonment as computed in the rate
established in Art. 39 of the Revised Penal Code, as amended.
CONDITIONS OF PROBATION

1. General or Mandatory Conditions

a. Present himself to the probation (and parole) officer designated to undertake
his supervision at such place as may be specified in the order within 72 hours
from receipt of said order;
b. Report to the probation (and parole) officer at least once a month at such time
and place as specified by the said order.
2. Special or Discretionary Conditions
a. Cooperate with the program of supervision;
b. Meet his family responsibilities;
c. Devote himself to specific employment and not to change said employment without prior written approval of the probation (and parole) officer;
d. Undergo medical, psychological, or psychiatric examination and treatment and enter and remain in a specified institution, when required for the
purpose;
e. Pursue a prescribed secular study or vocational training;
f. Attend or reside in a facility established for instruction recreation or residence of persons on probation;
g. Refrain from visiting houses of ill-repute;
h. Abstain from drinking intoxicating beverages to excess;
i. Permit the probation (and parole) officer or an authorized social worker to visit his home and place of work;
j. Reside at premise approved by it and not to change his residence without its prior written approval; or
k. Satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his
freedom of conscience.
VIOLATION OF PROBATION CONDITION

1. Fact finding Investigation order of the court to the CPPO.

2. The PPO prepares and submits violation report to the CPPO.
3. Filing of violation report to the trial court.
4. Arrest of erring probationer (WOA)
5. Hearing of violation in court.
6. Disposition of probation revocation, continuation or modification.
If revocation was decided, the court will issue a revocation order and the
accused will serve the original sentence imposed.

When can the Court modify the Conditions for Probation?

At any time during supervision after summary hearing when the
probationer violated any of its conditions upon application by the probation
officer or the probationer himself.
Note:
Only the judge who heard and declared the case has
the power to grant, deny, modify, revoke and terminate
probation.
 MODIFICATION OF PERIOD AND
CONDITIONS OF PROBATION

A. Period of Probation
 The period of probation may either be shortened or made longer, but
not to exceed the period set in the law.
B. Conditions of Probation
 During the period of probation, the court may, upon application of
either the probationer or the probation officer, revise or modify the
conditions of probation.
The court shall inform in writing the probation officer
and the probationer of any change in the period and
conditions of probation.
REVOCATION OF PROBATION

A. Concept of Violation of Probation

 A violation of probation shall be understood to mean any act or any commission
on the part of the probationer with respect to the terms and conditions specified in
the probation order.

B. Arrest of the Probationer

 At any time during probation, the court may issue a warrant for the arrest of the
probationer for violation of any of the conditions of probation.
TERMINATION OF PROBATION

A. After the period of probation and upon consideration of the

report and recommendation of the probation and parole 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.
B. Other ways of terminating probation:
1. Termination before the expiration of the period.
2. Termination by pardon of the probation.
3. Deportation of the probationer.
4. Death of the Probationer
If fully terminated, the court will issue a TERMINATION ORDER.
C. Effect of Final Discharge
 The final discharge of the probationer shall operate to restore to
him all civil rights lost or suspended as a result of his conviction and
to fully discharge his liability for any fine imposed as to the offense
for which probation was granted.
CONFIDENTIALITY OF RECORDS

 The probation records may be found, firstly, in the court

concerned.
 Secondly, in the office of the Chief Probation and Parole Officer
assigned in the City or Province.
 Thirdly and fourthly, copies of these records are being forwarded to
the Regional Parole and Probation Office and the Parole and
Probation Administration (Central Office).
SECTION 41. OUTSIDE TRAVEL

a. A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction
for a period of more than ten (10) days but not exceeding thirty (30) days.
b. A Probationer who seeks to travel up to thirty (30) days outside the operational/territorial jurisdiction of the
Probation office shall file at least five (5) days before the intended travel schedule a Request for Outside Travel
(PPA Form 7) with said Office properly recommended by the Supervising Probation Officer on case and
approved by the CPPO.
c. If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the
CPPO and submitted to the Trial Court for approval.
d. Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6) months shall
be considered as a courtesy supervision.
 SECTION 42. CHANGE OF RESIDENCE:
TRANSFER OF SUPERVISION

 A Probationer may file a request for Change of Residence (PPA, Form 24)
with the Coty or Provincial Parole and Probation Office, citing the reasons
therefore this request shall be submitted by the Supervising Probation Office for
the approval of the Trial Court.
 In the event of such approval, the supervision and control over the
probationer shall be transferred to the concerned Executive Judge of the RTC,
having jurisdiction and control over said probationer, and under the supervision
of the City or Provincial Parole and Probation Office in the place to which he
transferred.
ABSCONDING PETITIONER VS. ABSCONDING
PROBATIONER

 Absconding Petitioner- A convicted defendant whose application for probation

has been given due course by the court but fails to report to the probation office
or cannot be located within a reasonable period of time.
 Absconding Probationer- A person whose probation was granted but failed to
report for supervision or fails to continue reporting for supervision or whose
whereabouts are unknown for a reasonable period of time.
 PROBATION AIDES (NOW PROBATION
ASSISTANTS)

SECTION 57. QUALIFICATIONS: Functions.

a. The Probation Aides must be citizens of good repute and probity;
b. At least 18 years of age on the date of appointment;
c. At least High School graduate;
d. Preferably residence of the same locality or community covering the place of residence of the
probationer and/or the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI; and
e. Probation Aides so appointed may hold office during good behavior for a period of two (2) years,
renewable at the end of each period.
SECTION 59. CASELOADS

A. The maximum supervision caseloads of a Probation Aide at

any given time shall be ten (10) probationers or minimum case
classification.
B. Three (3) probationers on maximum case classification in
addition to other duties.
PAROLE (INDETERMINATE
SENTENCE LAW)
 ACT NO. 4103 (INDETERMINATE SENTENCE
LAW)

 THE LAW ON PAROLE

 As amended by Act. No. 4225 and Republic Act No. 4203

Purpose
 To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation
of liberty and economic usefulness. Penalties shall not be standardized but fitted as far as possible to
the individual, with due regard to the imperative necessity of protecting the social order (People vs.
Ducosin, 59 Phil 109). Under Section 5 of said Act, it is the duty of the Board of Pardons and Parole to
look into the Physical, Mental, and Moral record of prisoners who are eligible for parole and to
determine the proper time of release of such prisoners on parole.
Parole Defined
 Refers to the conditional release of an offender from a correctional institution
after he has served the minimum of his prison sentence.
 A procedure by which prisoners are selected for release on the basis of individual
response and progress within the correctional institution and a service by which
they are provided with necessary control and guidance as they serve the
remainder of their sentence within the community.
 It comes from the French words Parole, referring to “word” as in giving one’s
word of honor or promise.
 PROBATION VS. PAROLE

PROBATION PAROLE
Given by the Court Given by the BPP

Given after serving the minimum

Given after conviction
sentence

With Mandatory Conditions

Revised by the PPA
 HISTORICAL ACCOUNTS

 The first Parole Law was passed in Massachusetts in 1837. At about same time,
Alexander Maconochie introduced a system whereby a prisoner was given a “ticket
of leave” (the equivalent of Parole) after earning a certain required number of
marks- known as the Mark System. From this, Maconochie gained the fame as
Father of Parole.
 Parole was also a feature of the Irish Prison System by Sir Walter Crofton which
was established in 1856 based on an indeterminate sentence and the mark system.
 The Elmira Reformatory by Zebulon Brockway, likewise, had a limited form of
indeterminate sentence and a method of marks similar to the Irish System, and
parole based on marks.
 PIONEERS OF PAROLE SYSTEM

Father of Parole
ALEXANDER MACONOCHIE (In Australia)
Marks System

Founder of Parole
WALTER CROFTON (In Ireland)
Progressive Mark System
Founder of Parole
ZEBULON REED BROCKWAY (In USA)
Elmira Reformatory
 Coverage

1. General Rule: All persons convicted of certain crimes under Philippine Courts.
2. Exceptions/Disqualified (Section 2), law will NOT apply to persons:
a. Convicted of offense punishable by death penalty or life imprisonment;
b. Convicted of treason, conspiracy or proposal to commit treason;
c. Convicted of misprision of treason, rebellion, sedition or espionage;
d. Convicted of piracy;
e. Who are habitual delinquent;
f. Election offenses;
g. Who escaped confinement or evaded sentence or violated the terms of a conditional pardon;
h. Whose maximum term of imprisonment (imposed) does not exceed one year;
i. Convicted of terrorism, plunder and transnational crimes;
j. Undergoing trial and appeal;
k. Whose penalty is suspension or destierro; and
l. Person already sentenced by final judgment at the time this Act was approved (December 5, 1933).
PRIORITIES IN GIVING PAROLE

a. Youth;
b. Aged;
c. Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
d. Serious illness and other life-threatening disease as certified by a government physician;
e. Those prisoners recommended for the grant of executive clemency by the trial/appellate court as
stated in the decision; and
f. Alien prisoners where diplomatic considerations and amity between nations necessitate review.
 An indeterminate sentence is a sentence imposed for a crime that is not given a
definite duration.
 In addition, Act. 4103 provides for the creation of the Board of Pardons and
Parole, or the Board of Indeterminate Sentence, provided in Section 3 of the said
Act tasked to look into the physical, mental and moral record of the prisoners
who are eligible to parole and to determine the proper time of release of such
prisoners.
 The court must, instead of a single fixed penalty, determine two penalties,
referred to in the Indeterminate Sentence Act as the ‘maximum’ and ‘minimum’
terms.
 It is indeterminate in the sense that “after serving the minimum”,
the convict may be release on parole, or if he is not fitted for release,
he shall continue serving his sentence until the end of the maximum.
It is the fixing of the minimum and maximum terms, which generates
a lot of confusion and is the constant source of error of some judges.
 The act should be applied in imposing a prison sentence for a crime punishable either by
special law or by the Revised Penal Code. Under Section 1 of Act No. 4103, as amended by
Act No. 4225, if the offense is punished by special law, the court shall sentence the accused
to an indeterminate penalty, the maximum term which shall not exceed the maximum fixed
by said law and the minimum term shall not be less than the minimum prescribed by the
same. If the offense is punished by the Revised Penal Code, the court shall sentence the
accused to an indeterminate penalty, the maximum term of which shall be the penalty
imposable under the same Code after considering the attending mitigating and/or
aggravating circumstances according to Article 64 of the said Code. The minimum term of
the same shall be within the range of the penalty next lower to that prescribed by the Code
for the offense.
BOARD OF PARDONS AND PAROLE

 The Board of Pardons and Parole was created pursuant to Act No. 4103, as
amended. It is the intent of the law to uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and excessive deprivation of
personal liberty.
 Grant parole and recommend to the President the grant of any form of executive
clemency to deserving prisoners or individuals.
 Reviews reports submitted by the Parole and Probation Administration (PPA)
and make necessary decisions.
 A functional unit under the Department of Justice.
 MEMBERS OF THE BPP

 Secretary of Justice who shall be its Ex-officio Chairman.

Members:
a. Sociologist;
b. One clergyman or educator;
c. One psychiatrist;
d. Trained and experienced person;
e. A member of the Philippine BAR.

Ex-Officio Member- Administrator of the PPA

 At least one member of the board shall be a woman.
 Appointed by the President for 6 years.
 BOARD OF PARDON AND PAROLE VS
PAROLE AND PROBATION
ADMINISTRATION
BPP PPA
UNDER THE DEPARTMENT OF JUSTICE
Headed by a Chairman
Headed by an Administrator
(Sec DOJ)
Read the reports of PPA Conducts PSI and Supervision

Approves and Revokes Parole Submits report to Court and BPP

Recommends executive clemencies to the Recommends the Revocation of Parole and

President Probation

Recommends the Revocation of Pardon Central Office for PPO’s

 WHAT DOCUMENT IS NECESSARY FOR
AN INMATE TO BE RELEASED ON
PAROLE?

“RELEASE DOCUMENT/DISCHARGE ON
PAROLE”
 HOW LONG WILL BE THE PAROLE
SUPERVISION?

 The period of parole supervision shall extend up to

the maximum sentence which should appear in the
Release Document, subject to the provisions of
Section 6 of Act No. 4103 with respect to the early
grant of Final Release and Discharge.
TRANSFER OF RESIDENCE
 A client may not transfer from the place of residence designated in his Release
document without prior written approval of the Regional Director subject to the
confirmation by the Board.

OUTSIDE TRAVEL
 A Chief Probation and Parole Officer may authorize a client to travel outside his
area of operational jurisdiction for a period of not more than thirty (30) days.
 A travel for more than 30 days shall be approved by the Regional Director.
TRAVEL ABROAD AND/OR WORK
ABROAD

 Any parolee or pardonee under active

supervision/surveillance who has no pending criminal case in
any court may apply for overseas work or travel abroad.

However, such application for travel abroad shall be

approved by the Administrator and confirmed by the Board.
 WHAT IF THE PAROLEE VIOLATED THE
CONDITIONS OF PAROLE?

1. The PPO shall produce a progress report.

2. The PPO afterwards shall submit an infraction report to the board of
pardons and parole.
3. Upon receipt of an infraction report, the board may Order the Arrest
or Recommitment Order (AOR) of the client.
4. 4. The board may recommend the cancellation of the pardon or
cancel the grant of parole.
 EFFECT OF RECOMMITMENT OF CLIENT

 The client who is recommitted to prison by the Board shall be

made to serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.

Parole Probation

Continue the remaining Serve the original sentence in

maximum sentence full
 TERMINATION/COMPLETION OF
PAROLE AND CONDITIONAL PARDON
SUPERVISION

 After the expiration of the maximum sentence of a client, the Board

shall, upon the recommendation of the Chief Probation and Parole Officer
that the client has substantially complied with all the conditions of his
parole/pardon, issue a Certificate of Final Release and Discharge (CFRD)
to a parolee or pardonee.

 However, even before the expiration of maximum sentence and upon the
recommendation of the Chief Probation and Parole Officer, the Board may
issue a certificate of Final Release and Discharge to a parolee/pardonee
pursuant to the provisions of Section 6 of Act No. 4103, as amended.
 WHAT IS THE DOCUMENT REQUIRED
BEFORE THE ISSUANCE OF THE CFRD?

“SUMMARY REPORT”
 Refers to the final report submitted by the Probation and
Parole Officer on his supervision of a parolee/pardonee as
basis for the latter’s final release and discharge.
 WHAT IS THE EFFECT OF CERTIFICATE
OF FINAL RELEASE AND DISCHARGE?

 Upon the issuance of a certificate of Final Release and

Discharge, the parolee/pardonee shall be finally released and
discharged from the conditions appearing in his release document.

However, the accessory penalties of the law which have not been
expressly remitted therein shall subsist.