CORRECTIONAL

ADMINISTRATION
NON-
INSTITUTIONAL
CORRECTION
INSTRUCTOR:
PCPL LORRY MARTINEZ-MORANTE,
RCRIM
WHAT IS THE DIFFERENCE BETWEEN
CA 1 AND CA 2?
Correctional administration/ Institutional corrections
are private organizations that are established by a government for
the purpose of following, and restoring any violations that happen
with those who work for them.
It means that the individual is placed in a prison or jail, which
means they are housed in a secure correctional facility.

Non-institutional corrections refer to that method of

correcting sentenced offenders without having to go
to prison.
you're either placed on parole or given probation
WHAT ARE THE TOPICS TO BE
DISCUSS IN THIS SUBJECT?
 EXECUTIVE
CLEMENCY

It is the authority of the President of

the Philippines to suspend the
execution of penalty, reduce the
sentence and extinguish criminal
liability.
 How May Executive Clemency Be Exercised?

FORMS OF EXECUTIVE CLEMENCY

a. Reprieve
b. Commutation-
c. Grant of
Pardon-Conditional/Absolute
d. Amnesty
e. Parole
REPRIEVE

Refers to the deferment of the

implementation of the sentence for an
interval of time; it does not annul the
sentence but merely postpones or suspends
its execution
 COMMUTATION
refers to the reduction of the duration
of prison sentence of a prisoner.

Commutation Allowed When:

1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the
death penalty
AMNESTY

Shall cover the crime of rebellion and all other

crimes included therein or incident thereto to
pursuit of political beliefs as defined by
jurisprudence, whether punishable under the Revised
Penal Code or special laws.
PAROLE

A prisoner may be granted parole

whenever the Board finds that there is a
reasonable probability that if released, he
will be law-abiding and that his release will
not be incompatible with the interest and
welfare of society.
PARDON
Absolute Pardon - An act of grace,
proceeding from the power entrusted with the
execution of the laws, Exempts the individual
from the penalty of the crime, he has
committed.
Conditional Pardon - If delivered and accepted, it is a
contract between the executive and the convict that
the former will release the latter upon compliance
with the condition.
Example of a condition:
Not to violate any of the penal laws of the country
again.
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.
 TYPES
OF
PARDON
1. Conditional Pardon when a prisoner is
pardoned under certain administrative
requirements like reporting monthly to a
judge for a certain number of years.
2. Absolute Pardon when the offense and the
penalties imposed on a prisoner is
extinguished and his civil and political rights
are fully restored.
FUNCTIONS:
Functions
1. To grant parole to qualified prisoners;
2. To recommend to the President the grant of pardon and other forms of
executive clemency;
3. To authorize the transfer of residence of parolees and pardonees, order
their arrest and recommitment, or grant their final release and discharge.

Basis for Grant of Parole

1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, he or she will live
and remain at liberty without violating the law; and
3. His or her release will not be incompatible with the welfare of society.
PRISONERS ELIGIBLE
FOR
PARDON
1. Prisoners who are 65 years and above and
who have served at least 3 years of their
prison sentence but in no case shall they
exceed 70 years old.
2. Prisoners who are invalids or afflicted
with incurable or serious diseases.
3. Prisoners who are medically diagnosed as
having at least 2 years of mental
abnormality.
4. Prisoners who have served the following
prison sentences:
a. At least 8 years of their life sentence in
cases of simple crimes.
b. At least 10 years of their life sentence in
cases of complex crimes.
c. At least 12 years of their 2 or more life
sentences.
 PAROLE
AND
PROBATION
ADMINISTRATION
(PHILIPPINES)
The Parole and Probation Administration
(Filipino: Pangasiwaan ng Parol at
Probasyon), abbreviated as PPA, is an agency
of the Philippine government under the
Department of Justice responsible for
providing a less costly alternative to
imprisonment of first-time offenders who are
likely to respond to individualized
community-based treatment programs.
HISTORY
Probation was first introduced in the Philippines
during the American colonial period (1898-1945)
with the enactment of Act No. 4221 of the Philippine
Legislature on August 7, 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.
In 1972, House Bill No. 393 was filed in
Congress, 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
the Senate when Martial Law was
declared and Congress was abolished.
In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law.
After 18 technical hearings over a period of
six months, the draft decree was presented to
a selected group of 369 jurists, penologists,
civic leaders and social and behavioral
scientists and practitioners. The group
overwhelmingly endorsed the establishment
of an Adult Probation System in the country.
On July 24, 1976, Presidential
Decree No. 968, also known as
Adult Probation Law of 1976, was
signed into Law by the President of
the Philippines.
The startup of the probation system in 1976-1977 was a
massive undertaking during which all judges and
prosecutors nationwide were trained in probation
methods and procedures; administrative and
procedural manuals were developed; probation
officers recruited and trained, and the central agency
and probation field offices organized throughout the
country. Fifteen selected probation officers were sent
to United States for orientation and training in
probation administration. Upon their return, they were
assigned to train the newly recruited probation
officers.
THE ORGANIZATION
The Probation Administration was created by virtue of
Presidential Decree No. 968, “The Adult Probation
Law of 1976”, to administer the probation system.
Under Executive No. 292, “The Administrative Code
of 1987” which was promulgated on November 23,
1989, the Probation Administration was renamed
“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 pardon with parole conditions.
Effective August 17, 2005, by virtue
of a Memorandum of Agreement
with the Dangerous Drugs Board,
the Administration performs
another additional function of
investigating and supervising first-
time minor drug offenders who are
placed on suspended pursuant to
Republic Act No. 9165.
Mission
To rehabilitate probationers,
parolees and pardonees and
promote their development as
integral persons by utilizing
innovative interventions and
techniques which respect the
dignity of man and recognize his
divine destiny.
Mandate

Parole and Probation Administration

is mandated to conserve and/or redeem
convicted offenders and prisoners who
are under the probation or parole
system.
Goals
The Administration’s program sets to
achieve the following goals:
 Promote the reformation of criminal
offenders and reduce the incidence of
recidivism, and
 Provide a cheaper alternative to the
institutional confinement of first-time
offenders who are likely to respond to
individualized, community-based
treatment programs.
Functions
To carry out these goals, the Agency
through its network of regional and field
parole and probation offices performs the
following functions:
 to administer the parole and probation
system
 to exercise supervision over parolees,
pardonees and probationers
 to promote the correction and
rehabilitation of criminal offenders
 MAJOR
REHABILITATION
PROGRAMS
 PRIMER ON THE
PRESIDENTS’S POWER
TO GRANT
PARDON
Pardon is “an act of grace, proceeding from the power
entrusted with the execution of the laws, which
exempts the individual, on whom it is bestowed, from
the punishment the law inflicts for a crime he has
committed. It is the private, though official act of the
executive magistrate, delivered to the individual for
whose benefit it is intended, and not communicated
officially to the Court.

A pardon is a deed, to the validity of which delivery is

essential, and delivery is not complete without
acceptance.”
 QUIZ:

1. What is the effect of Pardon?

2. What is the constitutional basis of Pardon?
3. What are the constitutional limitations on the grant of pardon?
4. How is Pardon different from Probation?
5. Are you in favour to executive clemencies? why?
 WHAT IS
THE EFFECT
OF PARDON?
While 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.
The better considered cases regard full pardon
(at least one not based on the offender’s
innocence) as relieving the party from all the
punitive consequences of his criminal act,
including the disqualifications or disabilities
based on the finding of guilt. But it relieves
him form nothing more. “To say, however,
that the offender is a “new man”, and “as
innocent as if he had never committed of an
offense;” is to ignore the difference between
the crime and criminal.
A person adjudged guilty of an offense
is a convicted criminal, though
pardoned; he may be deserving of
punishment, though left unpunished;
and the law may regard him as more
dangerous to society than one never
found guilty of crime, though it places
no restraints upon him following his
conviction.”
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.”
 WHAT IS
THE
CONSITUTIONAL BASIS
OF
PARDON?
 The power to pardon, which is a form of executive
clemency, is given to the President under Section
19, Article VII of the Constitution. It reads:
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.
 WHAT ARE THE
CONSTITUTIONAL
LIMITATIONS
ON THE
GRANT
OF
PARDON?
 The limitations provided under the
Constitution are:
1. No pardon may be granted in impeachment
cases;
2. No pardon may be granted when otherwise
provided under the Constitution, specifically
Sec. 5, Article IX-C, which provides that “No
pardon, amnesty, parole or suspension of
sentence for violation of election laws, rules
and regulations shall be granted by the
President without the favorable
recommendation of the [COMELEC];
3. It may only be granted “after
conviction by final judgment”.
 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.
 WHAT
IS
PAROLE?
A parole is a conditional pardon. It
refers to the conditional release of an
offender from a correctional
institution after he serves the
minimum term of his prison sentence.
It does not have the effect of
extinguishing the criminal liability of
the offender.
 HOW IS
PARDON
DIFFERENT
FROM
COMMUTATION
AND
REPRIEVE?
 “Commutation”
-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.
PRESIDENTIAL DECREE
NO. 968
ESTABLISHING A
PROBATION SYSTEM
APPROPRIATING FUNDS
THEREFORE
AND
FOR OTHER PURPOSES
WHEREAS, one of the major goals of the
government is to establish a more
enlightened and humane correctional
systems that will promote the reformation of
offenders and thereby reduce the incidence
of recidivism;
WHEREAS, the confinement of all offenders
prisons and other institutions with
rehabilitation programs constitutes an
onerous drain on the financial resources of
the country; and
WHEREAS, there is a need to provide a less
costly alternative to the imprisonment of
offenders who are likely to respond to
individualized, community-based treatment
programs;
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by
virtue of the powers vested in me by the
Constitution, do hereby order and decree the
following:
Section 1. Title and Scope of the Decree
- this Decree shall be known as the
Probation Law of 1976. it shall apply to all
offenders except those entitled to the
benefits under the provisions of
Presidential Decree numbered Six
Hundred and three and similar laws.
Section 2. Purpose – this Decree shall be
interpreted so as to:
(a) Promote the correction and rehabilitation
of an offender by providing him with
individualized treatment;
(b) Provide an opportunity for the
reformation of a penitent offender
which might be less probable if he
were to serve a prison sentence;
and
(c) Prevent the commission of
offenses.
Section 3. Meaning of Terms
– as used in this Decree, the following shall,
unless the context otherwise requires, be
construed thus:
(a) “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.
(b) “Probationer” means a person placed on
probation.
(c) “Probation Officer” means one who
investigates for the court a referral for
probation or supervises a probationer
or both.
Section 4. Grant of Probation
- subject to the provisions of this Decree, the court
may, after it shall have convicted and sentenced a
defendant and upon application at any time of said
defendant, suspend the execution of said sentence
and place the defendant on probation for such
period and upon such terms and conditions as it
may deem best.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only.
Application for probation shall be filed with
the trial court, with notice to the appellate
court if an appeal has been taken from the
sentence of conviction. The filing of the
application shall be deemed a waiver of
the right to appeal, or the automatic
withdrawal of a pending appeal.
An order granting or denying probation
shall not be appealable.
Sec. 5. Post-sentence Investigation
- 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.
Sec. 6. Form of Investigation Report
- the investigation report to be
submitted by the probation officer
under Section 5 hereof shall be in
the form prescribed by the
Probation Administration and
approved by the Secretary of
Justice.
Sec. 7. Period for Submission of
Investigation Report
- the probation officer shall submit to the court
the investigation report on a defendant not
later than sixty days from receipt of the
order of said court to conduct the
investigation. The court shall resolve the
petition for probation not later than five days
after receipt of said report.
Pending submission of the investigation report
and the resolution of the petition,
The defendant may be allowed on
temporary liberty under his bail filed in
the criminal case; Provided, that, in
case where no bail was filed or that the
defendant is incapable of filing one, the
court may allow the release of the
defendant on recognize to the custody
of a responsible member of the
community who shall guarantee his
appearance whenever required by the
court.
Sec. 8. Criteria for Placing an Offender
on Probation
- in determining whether an offender
may be placed 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 if the court
finds that:
(a) The offender is in need of
correctional treatment to an
institution; or
(b) there is undue risk that during the
period of probation the offender will
commit another crime; or
(c) probation will depreciate the
seriousness of the offense
committed.
Sec. 9. Disqualified Offenders
– the benefits of this Decree shall not be
extended to those:
(a) Sentenced to serve a maximum term of
imprisonment of more than six years;
(b) convicted of any offense against the
security of the State;
(c) 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 less than Two
Hundred Pesos;
(d) Who have been once on
probation under the provisions of
this Decree; and
(e) Who are already serving
sentence at the time the
substantive provisions of this
Decree became applicable
pursuant to Section 33 thereof.
Sec. 10. Conditions of Probation
– every probation order issued by the court
shall contain conditions requiring that the
probationer shall:
(a) Present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the
order within seventy-two hours from
receipt of said order;
(b) report to the probation officer at least
once a month at such time and place as
specified by said officer.
The court may also require the
probationer to:
(a) Cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment
and not to change said employment without
the prior written approval of the probation
officer;
(d) undergo medical, psychological or
psychiatric examination and treatment and
remain in a specified institution, when required for
that 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 officer or an authorized
social worker to visit his home and place of work;
(j) Reside at premises 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.
Sec. 11. 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 placed on probation.
Sec. 12. Modification of Condition 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 or period of probation.
The court shall notify either the probationer
or the probation officer of the filing of such
an application so as to give both parties an
opportunity to be heard thereon. The court
shall inform in writing the probation officer
and the probationer of any change in the
period or conditions of probation.
Sec. 13. Control and Supervision of Probationer
- the probationer and his probation
program shall be under the control of
the court who placed him on probation
subject to actual supervision and
visitation by a probation officer.
Whenever a probationer is permitted to
reside in a place under the jurisdiction
of another court, control over him shall
be transferred to the Executive Judge of
the Court of First Instance of that place,
and in such a case, a copy of the
probation order, the investigation
report and other pertinent records shall
be furnished said Executive Judge.
Thereafter, the Executive Judge to
whom jurisdiction over the
probationer is transferred shall have
the power with respect to him that was
previously possessed by the court
which granted the probation.
Sec. 14. Period of Probation
(a) 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.
(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 to be more
than twice the total number days of subsidiary
imprisonment as computed at the rate
established, in Article thirty-nine of the Revised
Penal Code, as amended.
Sec. 16. 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.
The final discharge of the probationer
shall operate to restore to him all civil
lost or suspend 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.
The probationer and the probation officer
shall each be furnished with a copy of
such order.
Sec. 17. Confidentially of Records
- the investigation report and the supervision history of
a probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation
Administration or the court concerned, except that
the court, in its discretion, may permit the
probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever
the best interest of the probationer makes such
disclosure desirable or helpful”
Provided, Further, That, any
government office or agency
engaged in the correction or
rehabilitation of offenders may, if
necessary, obtain copies of said
documents for its official use from
the proper court or the
Administration.
Sec. 18. The Probation Administration
- there is hereby created under the
Department of Justice an agency to be
known as the Probation Administration
herein referred to as the Administration,
which shall exercise general supervision
over all probationers.
The administration shall have such staff,
operating units and personnel as may be
necessary for the proper execution of its
functions.
Sec. 19. Probation Administration
- the administration shall be headed
by the Probation Administrator,
hereinafter referred to as the
Administrator, who shall be
appointed by the President of the
Philippines. He shall hold office
during good behavior and shall not
be removed except for cause.
The Administrator shall receive an annual
salary of at least forty thousand pesos. His
powers and duties shall be to:
(a) Act as the executive officer of the
Administration;
(b) exercise supervision and control over all
probation officers;
(c) make annual reports to the Secretary of
Justice, in such form as the latter may
prescribe, concerning the operation,
administration and improvement of the
probation system;
(d) promulgate, subject to the approval of the Secretary
of Justice, the necessary rules relative to the methods
and procedures of the probation process;
(e) Recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Administration and other offices established in this
Decree; and
(f) generally, perform such duties and exercise such
powers as may be necessary or incidental to achieve
the objectives of this Decree.
Sec. 20. Assistant Probation Administrator
- there shall be an Assistant Probation
Administrator who shall assist the
Administration perform such duties as
may be assigned to him by the latter and
as may be provided by law. In the absence
of the Administrator, he shall act as head
of the Administration. He shall be
appointed by the President of the
Philippines and shall receive an annual
salary of at least thirty-six thousand pesos.
Sec. 21. Qualifications of the
Administrator and Assistant Probation
Administrator
- to be eligible for Appointment as Administrator or
Assistant Probation Administrator, a person must
be at least thirty-five years of age, holder of a
master’s degree or its equivalent in either
criminology, social work, corrections, penology,
psychology, sociology, public administration, law,
police science, police administration or related
fields, and should have at least five years of
supervisory experience, or be a member of the
Philippine Bar with at least seven years of
supervisory experience.
Sec. 22. Regional Office; Regional
Probation Officer
- the Administration shall have regional offices
organized in accordance with the field service
area patterns established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a
Regional Probation Officer who shall
appointed by President of the Philippines in
accordance with the Integrated
Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise
supervision and control over all probation officer
within his jurisdiction and such duties as may be
assigned to him by the Administrator. He shall
have an annual salary of at least twenty-four
thousand pesos.
He shall, whenever necessary, be assisted by an
Assistant Regional Probation Officer who shall
also be appointed by the President of the
Philippines, upon recommendation of the
Secretary of Justice, with an annual salary of at
least twenty-thousand pesos.
Sec. 23. Provincial and City m
Probation Officers
- there shall be at least one probation
officer in each province and city
who shall be appointed by the
Secretary of Justice upon
recommendation of the
Administrator and in accordance
with civil service law and rules.
The Provincial or City Probation Officer shall
receive an annual salary of at least eighteen
thousand four hundred pesos.
His duties shall be to:
(a) Investigate all persons referred to him for
investigation by the proper court or the
Administrator;
(b) instruct all probationers under his
supervision or that of the probation aide on
the terms and conditions of their probations.
(c) Keep himself informed of the conduct and
condition of probationers under his charge
and use all suitable methods to bring about
an improvement in their conduct and
conditions;
(d) Maintain a detailed record of his work and
submit such written reports as may be
required by the Administration or the court
having jurisdiction over the probationer
under his supervision;
(e) Prepare a list or qualified residents of the
province or city where he is assigned who are
willing to act as probation aides;
(f) Supervise the training of probation aides and
oversee the latter’s supervision of
probationers;
(g) Exercise supervision and control over all
field assistants, probation aides and other
personnel; and
(h) Perform such duties as may be assigned by
the court or the Administration.
Sec. 24. Miscellaneous Powers of
Provincial and City Probation Officers
- Provincial or City Probation Officers
shall have the authority within their
territorial jurisdiction to administer
oaths and acknowledgements and to
take depositions in connection with their
duties and functions under this Decree.
They shall also have, with respect to
probationers under their care, the
powers of a police officer.
Sec. 25. Qualifications of Regional, Assistant
Regional, and City Probation Officers
- no person shall be appointed Regional or
Assistant Regional or Provincial or City
Probation Officer unless he possesses at least a
bachelor’s degree with a major in social work,
sociology, psychology, criminology, penology,
corrections, police science, police
administration, or related fields and has at least
three years of experience in work requiring any
of the abovementioned disciplines, or is a
Member of the Philippine Bar with at least
three years of supervisory experience.
Whenever practicable, the Provincial or
City Probation Officer shall be
appointed from among qualified
residents of the province or city where
he will be assigned to work.
Sec. 26. Organization
- within twelve months from the approval of
this Decree, the Secretary of Justice shall
organize the administrative structure of the
Administration and the other agencies
created herein. During said period, he shall
also determine the staffing patterns of the
regional, provincial, and city probation
offices with the end in view of achieving
maximum efficiency and economy in the
operations of the probation system.
Sec. 27. Field Assistants, Subordinate Personnel
- Provincial or City Probation Officers
shall be assisted by such field
assistants and subordinate personnel
as may be necessary to enable them
to carry out their duties effectively.
Sec. 28. Probation Aides
- to assist the Provincial or City
Probation Officers in the supervision
of probationers, the Probation
Administrator may appoint citizens of
good repute and probity to act as
probation aides.
Probation Aides shall not receive any
regular compensation for services
except for reasonable travel allowance.
They shall hold office for such period as
may be determined by the Probation
Administrator. Their qualifications and
maximum case loads shall be provided
in the rules promulgated pursuant to this
Decree.
Sec. 29. Violation of Confidential
Nature of Probation Records.
- the penalty of imprisonment
ranging from six months and one
day to six years and a fine ranging
from six hundred to six thousand
pesos shall be imposed upon any
person who violates Section 17
hereof.
Sec. 30. Appropriations
- there is hereby authorized the
appropriation of the sum of Six Million
Five Hundred Thousand Pesos or so much
as may be necessary, out of any funds in
the National Treasury not otherwise
appropriated, to carry out the purposes of
this Decree. Thereafter, the amount of at
least Ten Million Five Hundred Thousand
Pesos or so much as may be necessary
shall be included in the annual
appropriations of the national government.
Sec. 31. Repealing Clause
- all provisions of existing laws,
orders and regulations contrary to
or inconsistent with this Decree
are hereby repealed or modified
accordingly.
Sec. 32. Separability of Provisions

- if any part, section or provision of

this Decree shall be held invalid or
unconstitutional, no other parts,
sections or provisions hereof shall
be affected thereby.
Sec. 33. Effectivity
- this Decree shall take effect upon
its approval: Provided, However,
That, the application of its
substantive provisions concerning
the grant of probation shall only
take effect twelve months after the
certification by the Secretary of
Justice to the Chief Justice of the
Supreme Court that the
administrative structure of the
Probation Administration and of
the other agencies has been
organized.
DONE in the City of Manila, this
24th day of July in the year of our
Lord, nineteen hundred and
seventy-six.
 QUIZ
I. MULTIPLE CHOICE
1. An offender, to be entitled to be placed under PD 968 must satisfy one of the
following:
A. Sentenced to serve a maximum term of imprisonment of more than six
years.
B. Had been once on probation.
C. Sentenced to serve six years or less
D. Convicted of a heinous crime.
2. It is granted by the Chief Executive without and conditions to it, presumably
to do away with the miscarriage of justice. It extinguishes criminal liability.
a. Parole c. Amnesty
b. Absolute pardon d. Pardon
3. The travel abroad of a parolee is approved by_______ and confirmed
by____________.
a. Regional Director; BPP c. BPP;
administrator
b. PPO; Regional Director d. Administrator;
 QUIZ
4. An alternative to incarceration and allows convicted persons to remain
at large under varying degrees of restriction and supervision and certain
conditions.
a. probation c. parole
b. work release d. halfway houses
5. An alternative granted after a convicted person served a part of his
sentence and is allowed to complete a sentence at large, subject to
restrictions and supervision.
a. probation c. parole
b. Work release d. halfway houses
6. An attached agency of the Department of Justice which provides a less
costly alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs.
a. BJMP c. Bureau of Corrections
b. Provincial Government d. Parole and Probation
 QUIZ
7. It is the authority of the President of the Philippines to suspend the
execution of a penalty, reduce the sentence and extinguish criminal
liability.
a. Parole c. Pardon
b. Executive Clemency d. President’s Clemency
8. Mr. A beat Mr. B which results to less serious physical injury, the former
was convicted for a crime of less serious physical injury, can Mr. B apply
for probation?
A.Yes c. maybe
B. No d. it depends
9. JAY was convicted to a prison term of prision correctional. Will he
qualify for probation?
A. No, his sentence is six (6) years and one (1) day
B. Yes, his sentence is three (3) years and one (1) day
C. No, his sentence is more than six (6) years and one (1) day
10. Payment of civil liability to the victim by the probationer shall be given
to the following EXCEPT the –
A. Clerk of Court of the Trial Court
B. Paid directly to the victim with receipt filed with PO
C. Deposited to the victim’s account
D. Supervising Probation Officer on case
11. Under P.D 968 The court is mandated to resolve the petition for probation not
later than –
A. 3 days after receipt of the investigation report
B. 5 days after receipt of the investigation report
C. 15 days after receipt of the investigation report
D. 60 days after receipt of the petition for probation
12. The following are authorized to order or approve the release of prisoners,
except one;
A. The Board of Pardons and Parole in parole cases.
B. The Director of the Bureau of Corrections upon the expiration of the
sentence of the prisoner.
C. The President of the Philippines in cases of executive clemency or amnesty.
D. None of the above
 QUIZ
13. Parole is a matter of ___________.
A. Privilege B. Right
C. Grace D. Requirement

14. An order granting or denying probation –

A. Shall be appealable B. Is reversible
C. Shall not appealable D. Can be modified
E. Cannot be modified

15. Can probationer pursue a prescribed religious study or

vocational training while on probation?
a. Yes b. No
c. Neither d. None of these
 QUIZ
II. IDENTIFICATION
16. The law that suspends the sentence of minor offenders whose ages ranges
from (9) years to under (18) years and places them in rehabilitation center.

17. Nature of conditional pardon given to inmates in whom the recipient must
accept it before it takes effect, and the pardonees is under obligations to comply
imposed therein.

18. A disposition, under which a defendant, after conviction and sentence, is

released subject to condition imposed by court and to supervision of a probation
officer. Which is being defined?

19. What branch of government has the sole authority to exercise the pardoning
power?

20. What branch of government has the sole authority to exercise the probation
power?
 Q&A
I. MULTIPLE CHOICE
1. An offender, to be entitled to be placed under PD 968 must satisfy one of the
following:
A. Sentenced to serve a maximum term of imprisonment of more than six
years.
B. Had been once on probation.
C. Sentenced to serve six years or less
D. Convicted of a heinous crime.

2. It is granted by the Chief Executive without and conditions to it, presumably to

do away with the miscarriage of justice. It extinguishes criminal liability.
a. Parole c. Amnesty
b. Absolute pardon d. Pardon

3. The travel abroad of a parolee is approved by_______ and confirmed

by____________.
a. Regional Director; BPP c. BPP; administrator
b. PPO; Regional Director d. Administrator; BPP
 QUIZ
4. An alternative to incarceration and allows convicted persons to remain at large
under varying degrees of restriction and supervision and certain conditions.
a. probation c. parole
b. work release d. halfway houses

5. An alternative granted after a convicted person served a part of his sentence and
is allowed to complete a sentence at large, subject to restrictions and supervision.
a. probation c. parole
b. Work release d. halfway houses

6. An attached agency of the Department of Justice which provides a less costly

alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs.
a. BJMP c. Bureau of Corrections
b. Provincial Government d. Parole and Probation Administration
 QUIZ
7. It is the authority of the President of the Philippines to suspend the
execution of a penalty, reduce the sentence and extinguish criminal liability.
a. Parole c. Pardon
b. Executive Clemency d. President’s Clemency

8. Mr. A beat Mr. B which results to less serious physical injury, the former
was convicted for a crime of less serious physical injury, can Mr. B apply for
probation?
A.Yes c. maybe
B. No d. it depends

9. JAY was convicted to a prison term of prision correctional. Will he qualify

for probation?
A. No, his sentence is six (6) years and one (1) day
B. Yes, his sentence is three (3) years and one (1) day
C. No, his sentence is more than six (6) years and one (1) day
D. Yes, his sentence is less than six (6) years and one (1) day
 QUIZ
10. Payment of civil liability to the victim by the probationer shall be given to the
following EXCEPT the –
A. Clerk of Court of the Trial Court
B. Paid directly to the victim with receipt filed with PO
C. Deposited to the victim’s account
D. Supervising Probation Officer on case

11. Under P.D 968 The court is mandated to resolve the petition for probation not later
than –
A. 3 days after receipt of the investigation report
B. 5 days after receipt of the investigation report
C. 15 days after receipt of the investigation report
D. 60 days after receipt of the petition for probation

12. The following are authorized to order or approve the release of prisoners, except one;
A. The Board of Pardons and Parole in parole cases.
B. The Director of the Bureau of Corrections upon the expiration of the sentence of the prisoner.
C. The President of the Philippines in cases of executive clemency or amnesty.
D. None of the above
 QUIZ
13. Parole is a matter of ___________.
A. Privilege B. Right
C. Grace D. Requirement

14. An order granting or denying probation –

A. Shall be appealable B. Is reversible
C. Shall not appealable D. Can be modified
E. Cannot be modified

15. Can probationer pursue a prescribed religious study or vocational training

while on probation?
a. Yes b. No
c. Neither d. None of these
 QUIZ
II. IDENTIFICATION
16. The law that suspends the sentence of minor offenders whose ages ranges from
(9) years to under (18) years and places them in rehabilitation centers.
ANS. PD 603
17. Nature of conditional pardon given to inmates in whom the recipient must
accept it before it takes effect, and the pardonee is under obligations to comply
imposed therein.
ANS. Contract
18. A disposition, under which a defendant, after conviction and sentence, is
released subject to condition imposed by court and to supervision of a probation
officer. Which is being defined?
ANS. Probation
19. What branch of government has the sole authority to exercise the pardoning
power?
ANS. Executive branch
20. What branch of government has the sole authority to exercise the probation
power?
ANS. Judicial branch
 Midterm topic ends
 OUTLINING THE
INDETERMINATE
SENTENCE
LAW
(R.A. NO. 4103,
EFFECTIVE DEC. 5, 1933)
A. 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
is possible to the individual, with due
regard to the imperative necessity of
protecting the social order.
(People v. Ducosin, 56 Phil 109)
B.. Coverage
1. GENERAL RULE: All persons convicted
of certain crimes under Philippine courts
2. EXCEPTIONS (Sec.2): Law will NOT
apply to persons
(1) Convicted of offense punishable with
death penalty or life imprisonment
(2) whose maximum term of imprisonment
does not exceed one year
(3) convicted of treason, conspiracy or
proposal to commit treason, misprision
of treason.
(4) Convicted of rebellion, sedition,
espionage,
(5) Convicted of piracy
(6) Who are habitual delinquents
(7) Who escaped confinement OR evaded
sentence OR violated the terms of a
conditional pardon
(8) Persons already sentenced by final
judgment at the time this Act was
approved (Dec. 5, 1933)
C. Rules for Application
RECALL distinctions:
1. Penalty PRESCRIBED (by RPC
or special law)
2. Penalty IMPOSABLE (after
taking circumstances into account)
3. Penalty IMPOSED (after
applying all rules under RPC and
the Indeterminate Sentence Law)
IF OFFENSE IS PUNISHED IF OFFENSE IS PUNISHED
BY THE RPC BY A SPECIAL LAW

MAXIMUM term: maximum MAXIMUM term: shall not

penalty imposable after exceed the maximum term
taking attending prescribed by the special law
circumstances into account

MINIMUM term: range of MINIMUM term: shall not be

penalty next lower to penalty less than the minimum term
prescribed prescribed by the special law
Formula for easy reference:

Offense RPC = Min (next lower to

prescribed) to Max (imposable)
Offense SPECIAL = Min (at least
that prescribed) to Max (not
exceed prescribed)
1. Procedure when the crime is punished by
the RPC
(1) Derive MAXIMUM term imposable by
applying rules for aggravating (AC) and
ordinary mitigating circumstances (MC)
under Art. 64 and for complex crimes under
Art. 48.
1. No AC or MC: Penalty PRESCRIBED
MEDIUM period
2. 1 AC, no MC: Penalty PRESCRIBED
MAXIMUM period
3. No AC, 1 MC: Penalty PRESCRIBED
MINIMUM period
4. Several Acs and MCs: OFFSET then apply rules
to remainder
5. No AC, 2 or more MCs: Penalty NEXT
LOWER IN DEGREE TO THAT
PRESCRIBED
6. If COMPLEX CRIME (2 or more grave or less
grave felonies OR one offense is a necessary
means for committing the other): Penalty for the
MOST SERIOUS CRIME MAXIMUM PERIOD
(2) Derive MINIMUM term by getting the penalty
one degree lower than the penalty prescribed by the
RPC, without regard to its three periods. The court
has discretion to fix as the minimum term any
period of imprisonment within that penalty next
lower to the penalty prescribed.
 EXCEPTION: WHEN THERE IS A PRIVILEGED
MITIGATING CIRCUMSTANCE, do NOT follow
the aforementioned rule. Consider the privileged
mitigating circumstance FIRST before any AC or
MC to get the PENALTY PRESCRIBED
 End 2/6/2024
and then proceed as required by the rule
on deriving the minimum term.
Otherwise, the maximum of the IS
Law end up being lower than
minimum of the IS Law.
 TO ILLUSTRATE,
NOTE THE FOLLOWING
COMPARISONS:
CRIME, Following the Applying the
circumstances, and ‘regular’ procedure Exception with
penalty prescribed for deriving the respect to the
minimum and minimum term
maximum term

1. Homicide (Art. 1. Penalty prescribed: 1. Penalty prescribed:

249): Reclusion reclusion temporal reclusion temporal
temporal 2. For MAXIMUM 2. For MAXIMUM
2. Committed by a term: Ordinarily, term, take the
person 9-15 years reclusion temporal privileged
old with medium. mitigating
discernment However: given the circumstance into
(Art.68 mandates privileged account: prision
that the penalty to mitigating correctional
be imposed should circumstance, the
be two degrees penalty 2 degrees
lower than the lower is prision
penalty prescribed) correctional
CRIME, Following the Applying the
circumstances, and ‘regular’ procedure Exception with
penalty prescribed for deriving the respect to the
minimum and minimum term
maximum term
3. No other mitigating 3. For MINIMUM 3. For MINIMUM
or aggravating term: prision mayor term, get the NEW
circumstance medium ‘penalty prescribed’
4. The absurd result first by applying the
of the application: privileged mitigating
The penalty circumstance
IMPOSABLE is ( prision correctional
within the Maximum medium). Then get
term of PRISION the penalty one
MAYOR MEDIUM. degree lower from
the NEW penalty
prescribed: arresto
mayor medium
CRIME, Following the Applying the Exception
circumstances, ‘regular’ procedure with respect to the
and penalty for deriving the minimum term
prescribed minimum and
maximum term
The penalty
IMPOSABLE is within
the Maximum term of
PRISION
CORRECTIONAL and
the Minimum term of
ARRESTO MAYOR
MEDIUM.
NOTE: this solution is
permitted because the
ISLAW is predicated on
ordinary mitigating and
generic aggravating
circumstances only.
 (3) SOME SAMPLE
SOLUTIONS FOR
DIFFERENT
PERMUTATIONS UNDER
ART. 64 AND 48
Table 1:
CRIME, Application of the
circumstances, IS Law
and penalty
prescribed
1. Homicide (Art. 1. Maximum term:
249): reclusion reclusion
temporal temporal
2. No MC or Ac 2. Minimum term:
prision mayor
Table 2:
CRIME, Application of the IS
circumstances, and Law
penalty prescribed

1. Homicide (Art. 1. Maximum term:

249): reclusion reclusion temporal
temporal minimum
2. Mitigating 2. Minimum term:
circumstance of plea of prision mayor
guilt, No AC
Table 3:
CRIME, Application of the IS
circumstances, and Law
penalty prescribed

1. Homicide (Art. 1. Maximum term:

249): reclusion reclusion temporal
temporal maximum
2. Aggravating 2. Minimum term:
circumstance of prision mayor
recidivism, No MC
Table 4:
CRIME, circumstances, Application of the IS
and penalty prescribed Law
1. Homicide (Art. 249): FOLLOW TABLE 2
reclusion temporal PROCEDURE
2. Aggravating circumstance
of nighttime
3. Mitigating circumstances
of voluntary surrender and
plea of guilt
4. OFFSETTING the MCs
with the AC would yield
one MC
Table 5:
CRIME, circumstances, and Application of the IS
penalty prescribed Law
1. Complex crime of frustrated 1. Maximum term:
homicide with assault upon prision mayor
an agent of a person in maximum
authority (Arts. 249, 6, 148, 2. Minimum term:
and 48) prision
Penalty for frustrated homicide: correctional
(one degree lower form
reclusion temporal) prision
mayor
Penalty for assault: prison
correctional in its medium
and maximum periods
Penalty for the complex crime:
PRISION MAYOR (penalty
for the graver offense)
2. No MCs or Acs
1. Procedure when the crime is punished by a
special law
1. MAXIMUM TERM: court may fix any as
long as it does not exceed the penalty prescribed
by the special law
2. MINIMUM TERM: court has discretion so
long as it does not exceed the minimum
prescribed by the special law
3. Example: for the crime of illegal possession
of firearms, not used for rebellion or sedition,
the IS Law range is anywhere between 1-5
years.
D. Institutions involved
1. BOARD OF PARDONS AND PAROLE

1. COMPOSITION: Secretary of Justice

(Chairman) and 4 members to be
appointed by the President (with the
consent of the Commission on
Appointments) under 6 year terms. Board
members should include a trained
sociologist, clergyman/educator,
psychiatrist. At least one member should
be a woman.
2. COMPENSATION: 50 pesos
for each meeting actually
attended and reimbursement for
actual and necessary traveling
expenses incurred. Maximum of
3 board meetings per week.
3. POWERS AND FUNCTIONS

1. Authorized to adopt rules and regulations

necessary to carry out its functions
2. Can call upon any bureau, office, branch,
subdivision, agency, or Government
instrumentality for assistance in the performance
of its functions
3. Decisions will be arrived at by MAJORITY
VOTE. A quorum will be constituted by a
MAJORITY. Dissent from the majority opinion
will be reduced to writing and filed with the
records of the proceedings.
2. BOARD OF INDETERMINATE SENTENCE
(1) Powers and Functions
1. Look into the physical, mental, and moral
record of the prisoners who shall be eligible for
parole to determine proper time of release of
such prisoners
2. When a prisoner has served the minimum
penalty imposed, the Board may authorize
release of the prisoner on parole:
a. Based on reports of the prisoner’s work and
conduct, it is shown that the prisoner is fitted by
his training for release
b. There is a reasonable probability that
such prisoner will live and remain at
liberty without violating the law
c. Release will not be incompatible with
the welfare of society.
(2) Procedure for release of prisoner
1. Board must file with the court which passed
judgment on the case and with the PNP Chief a
certified copy of each order of conditional or
final release and discharge.
2. prisoner released may be designated specific
conditions as to his parole, and required to report
personally to such government officials or other
parole officers appointed by the Board for a
period of SURVEILLANCE equivalent to the
remaining portion of the maximum sentence
imposed upon him OR until final release and
discharge by the Board.
3. Designated parole officers shall keep
records and reports required by the
Board.
4. Board may fix the limits on the residence
of the paroled prisoner or change it from
time to time. If during the period of
surveillance the prisoner shows himself
to be a law-abiding citizen and shall NOT
violate any laws, the Board may issue a
final certificate of release and discharge.
5. If prisoner violates any of the
conditions of his parole, the Board
may issue an order for re-arrest of
the prisoner. The prisoner re-arrested
shall serve the remaining unexpired
portion of the maximum sentence for
which he was originally committed to
prison, unless the Board grants him
new parole.
 3RD QTR TOPIC

 REPUBLIC ACT No. 10707

 REPUBLIC ACT No. 10592

REPUBLIC ACT NO. 10707
AN ACT AMENDING
PRESIDENTIAL DECREE
NO. 968, OTHERWISE
KNOWN AS THE
“PROBATION LAW OF
1976”, AS AMENDED
 BE IT ENACTED BY THE SENATE AND HOUSE OF
REPRESENTATIVES OF THE PHILIPPINES IN CONGRESS
ASSEMBLED:
 SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further
amended to read as follows:
 “SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court
may, after it shall have convicted and sentenced a defendant for a probationable
penalty and upon application by said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best. 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. The application for probation based on the modified decision shall be
filed in the trial court where the judgment of conviction imposing a non-probationable
penalty was rendered, or in the trial court where such case has since been re-raffled. In
a case involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction.
 “The trial court shall, upon receipt of the application
filed, suspend the execution of the sentence imposed
in the judgment.
 “This notwithstanding, the accused shall lose the
benefit of probation should he seek a review of the
modified decision which already imposes a
probationable penalty.
 “Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. The
filing of the application shall be deemed a waiver of
the right to appeal.1âwphi1
 “An order granting or denying probation shall not be
appealable.”
SECTION 2. SECTION 9 OF THE SAME DECREE, AS AMENDED, IS
HEREBY FURTHER AMENDED TO READ AS FOLLOWS:
 “SEC. 9. Disqualified Offenders. — The benefits of this
Decree shall not be extended to those:
“a. sentenced to serve a maximum term of imprisonment of
more than six (6) years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an
offense punished by imprisonment of more than six (6) months
and one (1) day and/or a fine of more than one thousand pesos
(P1,000.00);
“d. who have been once on probation under the provisions of
this Decree; and
“e. who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section
33 hereof.
SECTION 3. SECTION 16 OF THE SAME DECREE, AS AMENDED, IS
HEREBY FURTHER AMENDED TO READ AS FOLLOWS:

 “SEC. 16. 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.
 “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 totally extinguish his criminal
liability as to the offense for which probation was granted.
 “The probationer and the probation officer shall each be
furnished with a copy of such order.”
 SECTION 4. SECTION 24 OF THE SAME DECREE
IS HEREBY AMENDED TO READ AS FOLLOWS:
 “SEC. 24. Miscellaneous Powers of Regional,
Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers
shall have the authority within their territorial
jurisdiction to administer oaths and
acknowledgments and to take depositions in
connection with their duties and functions under
this Decree. They shall also have, with respect to
probationers under their care, the powers of a
police officer. They shall be considered as persons
in authority.”
SECTION 5. SECTION 27 OF THE SAME DECREE IS
HEREBY AMENDED TO READ AS FOLLOWS:

 “SEC. 27. Field Assistants, Subordinate

Personnel. – Regional, Provincial or City
Probation Officers shall be assisted by
such field assistants and subordinate
personnel as may be necessary to enable
them to carry out their duties effectively.”
 SECTION 6. SECTION 28 OF THE SAME DECREE IS
HEREBY AMENDED TO READ AS FOLLOWS:
 “SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation
and Parole Officers in the supervised treatment program of the probationers, the
Probation Administrator may appoint citizens of good repute and probity, who
have the willingness, aptitude, and capability to act as VPAs.
 “VPAs shall not receive any regular compensation except for reasonable
transportation and meal allowances, as may be determined by the Probation
Administrator, for services rendered as VPAs.
 “They shall hold office for a two (2)-year term which may be renewed or recalled
anytime for a just cause. Their functions, qualifications, continuance in office and
maximum case loads shall be further prescribed under the implementing rules and
regulations of this Act.
 “There shall be a reasonable number of VPAs in every regional, provincial, and
city probation office. In order to strengthen the functional relationship of VPAs
and the Probation Administrator, the latter shall encourage and support the former
to organize themselves in the national, regional, provincial, and city levels for
effective utilization, coordination, and sustainability of the volunteer program.”
SECTION 7. SEPARABILITY CLAUSE.
— IF ANY PROVISION OF THIS ACT IS
DECLARED INVALID, THE
PROVISIONS HEREOF NOT
AFFECTED BY SUCH DECLARATION
SHALL REMAIN IN FULL FORCE AND
EFFECT.
SECTION 8. REPEALING CLAUSE. — ALL LAWS, EXECUTIVE
ORDERS, OR ADMINISTRATIVE ORDERS, RULES AND
REGULATIONS OR PARTS THEREOF WHICH ARE INCONSISTENT
WITH THIS ACT ARE HEREBY AMENDED, REPEALED OR
MODIFIED ACCORDINGLY.
SECTION 9. APPROPRIATIONS CLAUSE. — THE AMOUNT
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT
SHALL BE INCLUDED IN THE GENERAL APPROPRIATIONS ACT
OF THE YEAR FOLLOWING ITS ENACTMENT INTO LAW.
SECTION 10. IMPLEMENTING RULES AND REGULATIONS. —
WITHIN SIXTY (60) DAYS FROM THE APPROVAL OF THIS ACT,
THE DEPARTMENT OF JUSTICE SHALL PROMULGATE SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS ACT.
SECTION 11. EFFECTIVITY. — THIS ACT
SHALL TAKE EFFECT IMMEDIATELY AFTER
ITS PUBLICATION IN THE OFFICIAL
GAZETTE OR IN TWO (2) NEWSPAPERS
OF GENERAL CIRCULATION.

 Approved: NOV 26 2015

 (Sgd.) BENIGNO S. AQUINO, III
President of the Philippines
REPUBLIC ACT No. 10592
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 AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
 Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, is hereby further amended to read as follows:

 "ART. 29. Period of preventive imprisonment deducted from term of imprisonment. –

Offenders or accused who have undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance
of counsel to abide by the same disciplinary rules imposed upon convicted prisoners,
except in the following cases:
 "1. When they are recidivists, or have been convicted previously twice or more times of
any crime; and
 "2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
 "If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and
shall be credited in the service of his sentence with four-fifths of the time during which
he has undergone preventive imprisonment.
 "Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.1âwphi1
 "Whenever an accused has undergone preventive imprisonment
for a period equal to the possible maximum imprisonment of the
offense charged to which he may be sentenced and his case is not
yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding
on appeal, if the same is under review.
 Computation of preventive imprisonment for purposes of
immediate release under this paragraph shall be the actual period
of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio order the
rearrest of the accused: Provided, finally, That recidivists,
habitual delinquents, escapees and persons charged with heinous
crimes are excluded from the coverage of this Act. In case the
maximum penalty to which the accused may be sentenced
is lestierro, he shall be released after thirty (30) days of
preventive imprisonment."
 Section 2. Article 94 of the same Act is hereby
further amended to read as follows:
"ART. 94. Partial extinction of criminal
liability. – Criminal liability is extinguished
partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the
culprit may earn while he is undergoing
preventive imprisonment or serving his
sentence."
 Section 3. Article 97 of the same Act is hereby further amended to read as follows:
"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit
for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in
any penal institution, rehabilitation or detention center or any other local jail shall entitle him to
the following deductions from the period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days
for each month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be
allowed a deduction of twenty-five days for each month of good behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and
"5. At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or
mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for good
conduct."
 Section 4. Article 98 of the same Act is hereby further
amended to read as follows:
"ART. 98. Special time allowance for loyalty. – A deduction of
one fifth of the period of his sentence shall be granted to any
prisoner who, having evaded his preventive imprisonment or
the service of his sentence under the circumstances mentioned
in Article 158 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the period
of his sentence shall be granted in case said prisoner chose to
stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158
of this Code.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
 Section 5. Article 99 of the same Act is
hereby further amended to read as follows:“

"ART. 99. Who grants time allowances. –

Whenever lawfully justified, the Director of
the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology
and/or the Warden of a provincial, district,
municipal or city jail shall grant allowances
for good conduct. Such allowances once
granted shall not be revoked."
 Section 6. Penal Clause. – Faithful compliance with the
provisions of this Act is hereby mandated. As such, the
penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification
to hold office shall be imposed against any public officer or
employee who violates the provisions of this Act.
 Section 7. Implementing Rules and Regulations. – The
Secretary of the Department of Justice (DOJ) and the
Secretary of the Department of the Interior and Local
Government (DILG) shall within sixty (60) days from the
approval of this Act, promulgate rules and regulations on the
classification system for good conduct and time allowances,
as may be necessary, to implement the provisions of this Act.
 Section 8. Separability Clause. – If any part
hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise
affected shall remain valid and subsisting.
 Section 9. Repealing Clause. – Any law,
presidential decree or issuance, executive
order, letter of instruction, administrative order,
rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby
repealed, modified or amended accordingly.
 Section 10. Effectivity Clause. – This Act shall
take effect fifteen (15) days from its
publication in the Official Gazette or in at least
two (2) new papers of general circulation.

 Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
 FINAL TOPICS

 PAROLE AND PROBATION ADMINISTRATION OMNIBUS R

ULES ON PROBATION METHODS AND PROCEDURES

 NON-INSTITUTIONAL CORRECTIONS RECAP

End of presentation
Thank you! 